HB 1057

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.021, F.S.; redefining the term "special risk
4	member" for the purposes of the Florida Retirement System
5	to include certain members employed by certain public
6	acute care hospitals; amending s. 121.0515, F.S.; revising
7	criteria for membership in the Special Risk Class to
8	include certain members employed by certain public acute
9	care hospitals; providing a statement of important state
10	interest; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (f) is added to subsection (15) of
15	section 121.021, Florida Statutes, to read:
16	121.021  Definitions.--The following words and phrases as
17	used in this chapter have the respective meanings set forth
18	unless a different meaning is plainly required by the context:
19	(15)
20	(f)  Effective July 1, 2009, the term "special risk member"
21	includes any member who is employed by a public acute care
22	hospital that serves as a trauma center and that provides
23	treatment to members of the public who have deadly or crippling
24	infectious diseases, members of the public who are accused of or
25	convicted of serious violent crimes, members of the public who
26	have been subjected to hazardous materials or biological or
27	chemical agents as a result of terrorism or industrial
28	accidents, or members of the public who have diseases the
29	treatment of which requires interventions with extremely toxic
30	substances.
31	Section 2.  Subsection (2) of section 121.0515, Florida
32	Statutes, is amended to read:
33	121.0515  Special risk membership.--
34	(2)  CRITERIA.--A member, to be designated as a special
35	risk member, must meet the following criteria:
36	(a)  The member must be employed as a law enforcement
37	officer and be certified, or required to be certified, in
38	compliance with s. 943.1395; however, sheriffs and elected
39	police chiefs shall be excluded from meeting the certification
40	requirements of this paragraph. In addition, the member's duties
41	and responsibilities must include the pursuit, apprehension, and
42	arrest of law violators or suspected law violators; or the
43	member must be an active member of a bomb disposal unit whose
44	primary responsibility is the location, handling, and disposal
45	of explosive devices; or the member must be the supervisor or
46	command officer of a member or members who have such
47	responsibilities; provided, however, administrative support
48	personnel, including, but not limited to, those whose primary
49	duties and responsibilities are in accounting, purchasing,
50	legal, and personnel, shall not be included;
51	(b)  The member must be employed as a firefighter and be
52	certified, or required to be certified, in compliance with s.
53	633.35 and be employed solely within the fire department of a
54	local government employer or an agency of state government with
55	firefighting responsibilities. In addition, the member's duties
56	and responsibilities must include on-the-scene fighting of
57	fires, fire prevention, or firefighter training; direct
58	supervision of firefighting units, fire prevention, or
59	firefighter training; or aerial firefighting surveillance
60	performed by fixed-wing aircraft pilots employed by the Division
61	of Forestry of the Department of Agriculture and Consumer
62	Services; or the member must be the supervisor or command
63	officer of a member or members who have such responsibilities;
64	provided, however, administrative support personnel, including,
65	but not limited to, those whose primary duties and
66	responsibilities are in accounting, purchasing, legal, and
67	personnel, shall not be included and further provided that all
68	periods of creditable service in fire prevention or firefighter
69	training, or as the supervisor or command officer of a member or
70	members who have such responsibilities, and for which the
71	employer paid the special risk contribution rate, shall be
72	included;
73	(c)  The member must be employed as a correctional officer
74	and be certified, or required to be certified, in compliance
75	with s. 943.1395. In addition, the member's primary duties and
76	responsibilities must be the custody, and physical restraint
77	when necessary, of prisoners or inmates within a prison, jail,
78	or other criminal detention facility, or while on work detail
79	outside the facility, or while being transported; or the member
80	must be the supervisor or command officer of a member or members
81	who have such responsibilities; provided, however,
82	administrative support personnel, including, but not limited to,
83	those whose primary duties and responsibilities are in
84	accounting, purchasing, legal, and personnel, shall not be
85	included; however, wardens and assistant wardens, as defined by
86	rule, shall participate in the Special Risk Class;
87	(d)  The member must be employed by a licensed Advance Life
88	Support (ALS) or Basic Life Support (BLS) employer as an
89	emergency medical technician or a paramedic and be certified in
90	compliance with s. 401.27. In addition, the member's primary
91	duties and responsibilities must include on-the-scene emergency
92	medical care or direct supervision of emergency medical
93	technicians or paramedics, or the member must be the supervisor
94	or command officer of one or more members who have such
95	responsibility. However, administrative support personnel,
96	including, but not limited to, those whose primary
97	responsibilities are in accounting, purchasing, legal, and
98	personnel, shall not be included;
99	(e)  The member must be employed as a community-based
100	correctional probation officer and be certified, or required to
101	be certified, in compliance with s. 943.1395. In addition, the
102	member's primary duties and responsibilities must be the
103	supervised custody, surveillance, control, investigation, and
104	counseling of assigned inmates, probationers, parolees, or
105	community controllees within the community; or the member must
106	be the supervisor of a member or members who have such
107	responsibilities. Administrative support personnel, including,
108	but not limited to, those whose primary duties and
109	responsibilities are in accounting, purchasing, legal services,
110	and personnel management, shall not be included; however,
111	probation and parole circuit and deputy circuit administrators
112	shall participate in the Special Risk Class;
113	(f)  The member must be employed in one of the following
114	classes and must spend at least 75 percent of his or her time
115	performing duties which involve contact with patients or inmates
116	in a correctional or forensic facility or institution:
117	1.  Dietitian (class codes 5203 and 5204);
118	2.  Public health nutrition consultant (class code 5224);
119	3.  Psychological specialist (class codes 5230 and 5231);
120	4.  Psychologist (class code 5234);
121	5.  Senior psychologist (class codes 5237 and 5238);
122	6.  Regional mental health consultant (class code 5240);
123	7.  Psychological Services Director--DCF (class code 5242);
124	8.  Pharmacist (class codes 5245 and 5246);
125	9.  Senior pharmacist (class codes 5248 and 5249);
126	10.  Dentist (class code 5266);
127	11.  Senior dentist (class code 5269);
128	12.  Registered nurse (class codes 5290 and 5291);
129	13.  Senior registered nurse (class codes 5292 and 5293);
130	14.  Registered nurse specialist (class codes 5294 and
131	5295);
132	15.  Clinical associate (class codes 5298 and 5299);
133	16.  Advanced registered nurse practitioner (class codes
134	5297 and 5300);
135	17.  Advanced registered nurse practitioner specialist
136	(class codes 5304 and 5305);
137	18.  Registered nurse supervisor (class codes 5306 and
138	5307);
139	19.  Senior registered nurse supervisor (class codes 5308
140	and 5309);
141	20.  Registered nursing consultant (class codes 5312 and
142	5313);
143	21.  Quality management program supervisor (class code
144	5314);
145	22.  Executive nursing director (class codes 5320 and
146	5321);
147	23.  Speech and hearing therapist (class code 5406); or
148	24.  Pharmacy manager (class code 5251);
149	(g)  The member must be employed as a youth custody officer
150	and be certified, or required to be certified, in compliance
151	with s. 943.1395. In addition, the member's primary duties and
152	responsibilities must be the supervised custody, surveillance,
153	control, investigation, apprehension, arrest, and counseling of
154	assigned juveniles within the community; or
155	(h)  Effective October 1, 2005, through June 30, 2008, the
156	member must be employed by a law enforcement agency or medical
157	examiner's office in a forensic discipline recognized by the
158	International Association for Identification and must qualify
159	for active membership in the International Association for
160	Identification. The member's primary duties and responsibilities
161	must include the collection, examination, preservation,
162	documentation, preparation, or analysis of physical evidence or
163	testimony, or both, or the member must be the direct supervisor,
164	quality management supervisor, or command officer of one or more
165	individuals with such responsibility. Administrative support
166	personnel, including, but not limited to, those whose primary
167	responsibilities are clerical or in accounting, purchasing,
168	legal, and personnel, shall not be included;.
169	(i)  Effective July 1, 2008, the member must be employed by
170	the Department of Law Enforcement in the crime laboratory or by
171	the Division of State Fire Marshal in the forensic laboratory in
172	one of the following classes:
173	1.  Forensic technologist (class code 8459);
174	2.  Crime laboratory technician (class code 8461);
175	3.  Crime laboratory analyst (class code 8463);
176	4.  Senior crime laboratory analyst (class code 8464);
177	5.  Crime laboratory analyst supervisor (class code 8466);
178	6.  Forensic chief (class code 9602); or
179	7.  Forensic services quality manager (class code 9603);.
180	(j)  Effective July 1, 2008, the member must be employed by
181	a local government law enforcement agency or medical examiner's
182	office and must spend at least 65 percent of his or her time
183	performing duties that involve the collection, examination,
184	preservation, documentation, preparation, or analysis of human
185	tissues or fluids or physical evidence having potential
186	biological, chemical, or radiological hazard or contamination,
187	or use chemicals, processes, or materials that may have
188	carcinogenic or health-damaging properties in the analysis of
189	such evidence, or the member must be the direct supervisor of
190	one or more individuals having such responsibility. If a special
191	risk member changes to another position within the same agency,
192	he or she must submit a complete application as provided in
193	paragraph (3)(a); or.
194	(k)  The member must be employed by a public acute care
195	hospital that serves as a trauma center and that provides
196	treatment to members of the public who have deadly or crippling
197	infectious diseases, members of the public who are accused of or
198	convicted of serious violent crimes, members of the public who
199	have been subjected to hazardous materials or biological or
200	chemical agents as a result of terrorism or industrial
201	accidents, or members of the public who have diseases the
202	treatment of which requires interventions with extremely toxic
203	substances.
204	Section 3.  The Legislature finds that in providing
205	treatment to members of the public who have deadly or crippling
206	infectious diseases, members of the public who are accused of or
207	convicted of serious violent crimes, members of the public who
208	have been subjected to hazardous materials or biological or
209	chemical agents as a result of terrorism or industrial
210	accidents, or members of the public who have diseases the
211	treatment of which requires interventions with extremely toxic
212	substances, a member of the Florida Retirement System who is
213	employed by a public acute care hospital that serves as a trauma
214	center is serving an important state interest and should be a
215	member of the Special Risk Class of the Florida Retirement
216	System.
217	Section 4.  This act shall take effect July 1, 2009.

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