Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 800
132226
Senate
Comm: RCS
4/9/2008
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House
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The Committee on Governmental Operations (King) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (h) of subsection (2) and subsection
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(4) of section 121.0515, Florida Statutes, are amended,
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paragraphs (i) and (j) are added to subsection (2) of that
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section, and paragraph (c) is added to subsection (9) of that
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section, to read:
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121.0515 Special risk membership.--
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(2) CRITERIA.--A member, to be designated as a special risk
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member, must meet the following criteria:
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(h) Effective October 1, 2005, through June 30, 2008, the
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member must be employed by a law enforcement agency or medical
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examiner's office in a forensic discipline recognized by the
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International Association for Identification and must qualify for
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active membership in the International Association for
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Identification. The member's primary duties and responsibilities
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must include the collection, examination, preservation,
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documentation, preparation, or analysis of physical evidence or
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testimony, or both, or the member must be the direct supervisor,
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quality management supervisor, or command officer of one or more
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individuals with such responsibility. Administrative support
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personnel, including, but not limited to, those whose primary
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responsibilities are clerical or in accounting, purchasing,
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legal, and personnel, shall not be included.
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(i) Effective July 1, 2008, the member must be employed by
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the Department of Law Enforcement in the crime laboratory or by
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the Division of State Fire Marshal in the forensic laboratory in
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one of the following classes:
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1. Forensic technologist (class code 8459);
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2. Crime laboratory technician (class code 8461);
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3. Crime laboratory analyst (class code 8463);
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4. Senior crime laboratory analyst (class code 8464);
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5. Crime laboratory analyst supervisor (class code 8466);
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6. Forensic chief (class code 9602); or
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7. Forensic services quality manager (class code 9603).
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(j) Effective July 1, 2008, the member must be employed by
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a local government law enforcement agency or medical examiner's
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office and must spend at least 65 percent of his or her time
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performing duties that involve the collection, examination,
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preservation, documentation, preparation, or analysis of human
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tissues or fluids or physical evidence having potential
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biological, chemical, or radiological hazard or contamination, or
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use chemicals, processes, or materials that may have carcinogenic
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or health damaging properties in the analysis of said evidence,
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or the member must be the direct supervisor of one or more
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individuals having such responsibility. If a special risk member
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changes to another position within the same agency, he or she
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must submit a complete application as provided paragraph (3)(a).
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(4) REMOVAL OF SPECIAL RISK MEMBERSHIP.--
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(a) Any member who is a special risk member on October 1,
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1978, and who fails to meet the criteria for special risk
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membership established by this section shall have his or her
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special risk designation removed and thereafter shall be a
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regular member and shall earn only regular membership credit. The
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department shall have the authority to review the special risk
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designation of members to determine whether or not those members
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continue to meet the criteria for special risk membership.
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(b) Any member who is a special risk member on July 1,
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2008, and who became eligible to participate under paragraph
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(2)(h) but fails to meet the criteria for special risk membership
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established by paragraph (2)(i) or paragraph (2)(j) shall have
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his or her special risk designation removed and thereafter shall
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be a regular member and earn only regular membership credit. The
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department may review the special risk designation of members to
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determine whether or not those members continue to meet the
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criteria for special risk membership.
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(9) CREDIT FOR UPGRADED SERVICE.--
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(c) Any member of the Special Risk Class who has earned
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creditable service in another membership class of the Florida
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Retirement System in a position with the Department of Law
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Enforcement or the Division of State Fire Marshal and became
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covered by the Special Risk Class as described in paragraph
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(2)(i), or with a local government law enforcement agency or
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medical examiner's office and became covered by the Special Risk
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Class as described in paragraph (2)(j), which service is within
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the purview of the Special Risk Class, and is employed in such
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position on or after July 1, 2008, may purchase additional
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retirement credit to upgrade such service to Special Risk Class
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service, to the extent of the percentages of the member's average
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final compensation provided in s. 121.091(1)(a)2. The cost for
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such credit shall be an amount representing the actuarial accrued
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liability for the difference in accrual value during the affected
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period of service. The cost shall be calculated using the
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discount rate and other relevant actuarial assumptions that were
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used to value the Florida Retirement System defined benefit plan
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liabilities in the most recent actuarial valuation. The division
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shall ensure that the transfer sum is prepared using a formula
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and methodology certified by an enrolled actuary. The cost must
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be paid immediately upon notification by the division. The local
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government employer may purchase the upgraded service credit on
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behalf of the member if the member has been employed by that
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employer for at least 3 years.
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Section 2. The Legislature finds that a proper and
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legitimate state purpose is served when employees and retirees of
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the state and its political subdivisions, and the dependents,
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survivors, and beneficiaries of such employees and retirees, are
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extended additional protections afforded by governmental
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retirement systems. These persons must be provided benefits that
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are fair and adequate and that are managed, administered, and
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funded in a sound actuarial manner, as required by Section 14,
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Article X of the State Constitution and part VII of chapter 112,
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Florida Statutes. Therefore, the Legislature determines and
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declares that this act fulfills an important state interest.
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Section 3. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to the Florida Retirement System; amending
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s. 121.0515, F.S.; revising the criteria under which
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certain employees of the Department of Law Enforcement,
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the Division of State Fire Marshal, or a local government
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law enforcement agency or medical examiner's office are
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eligible for membership in the Special Risk Class;
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authorizing the Department of Management Services to
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review the special risk designation of certain members;
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authorizing certain members to purchase additional
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retirement credit to upgrade prior service to Special Risk
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Class service; providing for the calculation of
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contributions for such service upgrade; authorizing the
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employer to purchase such additional credit for certain
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members; providing a declaration of important state
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interest; providing an effective date.
4/8/2008 2:25:00 PM 8-06796-08
CODING: Words stricken are deletions; words underlined are additions.