HB 815

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.021, F.S.; revising the definition of "special risk
4	member"; amending s. 121.0515, F.S.; providing membership
5	in the Special Risk Class for certain persons whose duties
6	involve contact with residents, patients, or inmates in a
7	correctional, juvenile justice, developmental disability,
8	or forensic facility or institution; authorizing a member
9	of the Florida Retirement System employed by the state to
10	request that his or her employer submit an application to
11	the Department of Management Services requesting
12	designation as a special risk member under certain
13	circumstances; providing a declaration of important state
14	interest; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (f) is added to subsection (15) of
19	section 121.021, Florida Statutes, to read:
20	121.021  Definitions.--The following words and phrases as
21	used in this chapter have the respective meanings set forth
22	unless a different meaning is plainly required by the context:
23	(15)
24	(f)  Effective October 1, 2008, "special risk member"
25	includes any member who is employed by the state and meets the
26	special criteria set forth in s. 121.0515(2)(i).
27	Section 2.  Subsection (2) and paragraph (a) of subsection
28	(3) of section 121.0515, Florida Statutes, are amended to read:
29	121.0515  Special risk membership.--
30	(2)  CRITERIA.--A member, to be designated as a special
31	risk member, must meet the following criteria:
32	(a)  The member must be employed as a law enforcement
33	officer and be certified, or required to be certified, in
34	compliance with s. 943.1395; however, sheriffs and elected
35	police chiefs shall be excluded from meeting the certification
36	requirements of this paragraph. In addition, the member's duties
37	and responsibilities must include the pursuit, apprehension, and
38	arrest of law violators or suspected law violators; or the
39	member must be an active member of a bomb disposal unit whose
40	primary responsibility is the location, handling, and disposal
41	of explosive devices; or the member must be the supervisor or
42	command officer of a member or members who have such
43	responsibilities; provided, however, administrative support
44	personnel, including, but not limited to, those whose primary
45	duties and responsibilities are in accounting, purchasing,
46	legal, and personnel, shall not be included;
47	(b)  The member must be employed as a firefighter and be
48	certified, or required to be certified, in compliance with s.
49	633.35 and be employed solely within the fire department of a
50	local government employer or an agency of state government with
51	firefighting responsibilities. In addition, the member's duties
52	and responsibilities must include on-the-scene fighting of
53	fires, fire prevention, or firefighter training; direct
54	supervision of firefighting units, fire prevention, or
55	firefighter training; or aerial firefighting surveillance
56	performed by fixed-wing aircraft pilots employed by the Division
57	of Forestry of the Department of Agriculture and Consumer
58	Services; or the member must be the supervisor or command
59	officer of a member or members who have such responsibilities;
60	provided, however, administrative support personnel, including,
61	but not limited to, those whose primary duties and
62	responsibilities are in accounting, purchasing, legal, and
63	personnel, shall not be included and further provided that all
64	periods of creditable service in fire prevention or firefighter
65	training, or as the supervisor or command officer of a member or
66	members who have such responsibilities, and for which the
67	employer paid the special risk contribution rate, shall be
68	included;
69	(c)  The member must be employed as a correctional officer
70	and be certified, or required to be certified, in compliance
71	with s. 943.1395. In addition, the member's primary duties and
72	responsibilities must be the custody, and physical restraint
73	when necessary, of prisoners or inmates within a prison, jail,
74	or other criminal detention facility, or while on work detail
75	outside the facility, or while being transported; or the member
76	must be the supervisor or command officer of a member or members
77	who have such responsibilities; provided, however,
78	administrative support personnel, including, but not limited to,
79	those whose primary duties and responsibilities are in
80	accounting, purchasing, legal, and personnel, shall not be
81	included; however, wardens and assistant wardens, as defined by
82	rule, shall participate in the Special Risk Class;
83	(d)  The member must be employed by a licensed Advance Life
84	Support (ALS) or Basic Life Support (BLS) employer as an
85	emergency medical technician or a paramedic and be certified in
86	compliance with s. 401.27. In addition, the member's primary
87	duties and responsibilities must include on-the-scene emergency
88	medical care or direct supervision of emergency medical
89	technicians or paramedics, or the member must be the supervisor
90	or command officer of one or more members who have such
91	responsibility. However, administrative support personnel,
92	including, but not limited to, those whose primary
93	responsibilities are in accounting, purchasing, legal, and
94	personnel, shall not be included;
95	(e)  The member must be employed as a community-based
96	correctional probation officer and be certified, or required to
97	be certified, in compliance with s. 943.1395. In addition, the
98	member's primary duties and responsibilities must be the
99	supervised custody, surveillance, control, investigation, and
100	counseling of assigned inmates, probationers, parolees, or
101	community controllees within the community; or the member must
102	be the supervisor of a member or members who have such
103	responsibilities. Administrative support personnel, including,
104	but not limited to, those whose primary duties and
105	responsibilities are in accounting, purchasing, legal services,
106	and personnel management, shall not be included; however,
107	probation and parole circuit and deputy circuit administrators
108	shall participate in the Special Risk Class;
109	(f)  The member must be employed in one of the following
110	classes and must spend at least 75 percent of his or her time
111	performing duties which involve contact with patients or inmates
112	in a correctional or forensic facility or institution:
113	1.  Dietitian (class codes 5203 and 5204);
114	2.  Public health nutrition consultant (class code 5224);
115	3.  Psychological specialist (class codes 5230 and 5231);
116	4.  Psychologist (class code 5234);
117	5.  Senior psychologist (class codes 5237 and 5238);
118	6.  Regional mental health consultant (class code 5240);
119	7.  Psychological Services Director--DCF (class code 5242);
120	8.  Pharmacist (class codes 5245 and 5246);
121	9.  Senior pharmacist (class codes 5248 and 5249);
122	10.  Dentist (class code 5266);
123	11.  Senior dentist (class code 5269);
124	12.  Registered nurse (class codes 5290 and 5291);
125	13.  Senior registered nurse (class codes 5292 and 5293);
126	14.  Registered nurse specialist (class codes 5294 and
127	5295);
128	15.  Clinical associate (class codes 5298 and 5299);
129	16.  Advanced registered nurse practitioner (class codes
130	5297 and 5300);
131	17.  Advanced registered nurse practitioner specialist
132	(class codes 5304 and 5305);
133	18.  Registered nurse supervisor (class codes 5306 and
134	5307);
135	19.  Senior registered nurse supervisor (class codes 5308
136	and 5309);
137	20.  Registered nursing consultant (class codes 5312 and
138	5313);
139	21.  Quality management program supervisor (class code
140	5314);
141	22.  Executive nursing director (class codes 5320 and
142	5321);
143	23.  Speech and hearing therapist (class code 5406); or
144	24.  Pharmacy manager (class code 5251);
145	(g)  The member must be employed as a youth custody officer
146	and be certified, or required to be certified, in compliance
147	with s. 943.1395. In addition, the member's primary duties and
148	responsibilities must be the supervised custody, surveillance,
149	control, investigation, apprehension, arrest, and counseling of
150	assigned juveniles within the community; or
151	(h)  The member must be employed by a law enforcement
152	agency or medical examiner's office in a forensic discipline
153	recognized by the International Association for Identification
154	and must qualify for active membership in the International
155	Association for Identification. The member's primary duties and
156	responsibilities must include the collection, examination,
157	preservation, documentation, preparation, or analysis of
158	physical evidence or testimony, or both, or the member must be
159	the direct supervisor, quality management supervisor, or command
160	officer of one or more individuals with such responsibility.
161	Administrative support personnel, including, but not limited to,
162	those whose primary responsibilities are clerical or in
163	accounting, purchasing, legal, and personnel, shall not be
164	included; or
165	(i)  The member must be employed by the state in a position
166	that requires at least 75 percent of his or her time to be spent
167	performing duties that involve contact with residents, patients,
168	or inmates in a correctional, juvenile justice, developmental
169	disability, or forensic facility or institution. Administrative
170	support personnel, including, but not limited to, those whose
171	primary duties and responsibilities are clerical or in
172	accounting, purchasing, legal, and personnel, shall not be
173	included.
174	(3)  PROCEDURE FOR DESIGNATING.--
175	(a)  Any member of the Florida Retirement System employed
176	by the state or a county, city, or special district who feels
177	that he or she meets the criteria set forth in this section for
178	membership in the Special Risk Class may request that his or her
179	employer submit an application to the department requesting that
180	the department designate him or her as a special risk member. If
181	the employer agrees that the member meets the requirements for
182	special risk membership, the employer shall submit an
183	application to the department in behalf of the employee
184	containing a certification that the member meets the criteria
185	for special risk membership set forth in this section and such
186	other supporting documentation as may be required by
187	administrative rule. The department shall, within 90 days,
188	either designate or refuse to designate the member as a special
189	risk member. If the employer declines to submit the member's
190	application to the department or if the department does not
191	designate the member as a special risk member, the member or the
192	employer may appeal to the State Retirement Commission, as
193	provided in s. 121.23, for designation as a special risk member.
194	A member who receives a final affirmative ruling pursuant to
195	such appeal for special risk membership shall have special risk
196	membership retroactive to the date such member would have had
197	special risk membership had such membership been approved by the
198	employer and the department, as determined by the department,
199	and the employer contributions shall be paid in full within 1
200	year after such final ruling.
201	Section 3.  The Legislature finds that a proper and
202	legitimate state purpose is served when employees and retirees
203	of the state and its political subdivisions and the dependents,
204	survivors, and beneficiaries of such employees and retirees are
205	extended the basic protections afforded by governmental
206	retirement systems. These persons must be provided benefits that
207	are fair and adequate and that are managed, administered, and
208	funded in a sound actuarial manner as required by Section 14,
209	Article X of the State Constitution and part VII of chapter 112,
210	Florida Statutes. Therefore, the Legislature hereby determines
211	and declares that this act fulfills an important state interest.
212	Section 4.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.