Florida Senate - 2010                                    SB 1204
       
       
       
       By Senator Hill
       
       
       
       
       1-00676-10                                            20101204__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.021, F.S.; redefining the term
    4         “special risk member”; amending s. 121.0515, F.S.;
    5         revising criteria for membership in the special risk
    6         class to include members employed by public acute care
    7         hospitals serving certain patients; providing
    8         legislative findings that the act fulfills an
    9         important state interest; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (15) of section 121.021, Florida
   14  Statutes, is amended to read:
   15         121.021 Definitions.—The following words and phrases as
   16  used in this chapter have the respective meanings set forth
   17  unless a different meaning is plainly required by the context:
   18         (15) “Special risk member” means a member who meets the
   19  criteria specified in s. 121.0515.
   20         (a)Until October 1, 1978, “special risk member” means any
   21  officer or employee whose application is approved by the
   22  administrator and who receives salary payments for work
   23  performed as a peace officer; law enforcement officer; police
   24  officer; highway patrol officer; custodial employee at a
   25  correctional or detention facility; correctional agency employee
   26  whose duties and responsibilities involve direct contact with
   27  inmates, but excluding secretarial and clerical employees;
   28  firefighter; or an employee in any other job in the field of law
   29  enforcement or fire protection if the duties of such person are
   30  certified as hazardous by his or her employer.
   31         (b)Effective October 1, 1978, “special risk member” means
   32  a member of the Florida Retirement System who is designated as a
   33  special risk member by the division in accordance with s.
   34  121.0515. Such member must be employed as a law enforcement
   35  officer, a firefighter, or a correctional officer and must meet
   36  certain other special criteria as set forth in s. 121.0515.
   37         (c)Effective October 1, 1999, “special risk member” means
   38  a member of the Florida Retirement System who is designated as a
   39  special risk member by the division in accordance with s.
   40  121.0515. Such member must be employed as a law enforcement
   41  officer, a firefighter, a correctional officer, an emergency
   42  medical technician, or a paramedic and must meet certain other
   43  special criteria as set forth in s. 121.0515.
   44         (d)1.Effective January 1, 2001, “special risk member”
   45  includes any member who is employed as a community-based
   46  correctional probation officer and meets the special criteria
   47  set forth in s. 121.0515(2)(e).
   48         2.Effective January 1, 2001, “special risk member”
   49  includes any professional health care bargaining unit or non
   50  unit member who is employed by the Department of Corrections or
   51  the Department of Children and Family Services and meets the
   52  special criteria set forth in s. 121.0515(2)(f).
   53         (e)Effective July 1, 2001, the term “special risk member”
   54  includes any member who is employed as a youth custody officer
   55  by the Department of Juvenile Justice and meets the special
   56  criteria set forth in s. 121.0515(2)(g).
   57         Section 2. Subsection (2), paragraph (b) of subsection (4),
   58  and paragraph (c) of subsection (9) of section 121.0515, Florida
   59  Statutes, are amended to read:
   60         121.0515 Special risk membership.—
   61         (2) CRITERIA.—Prior to October 1, 1978, A member, to be
   62  designated as a special risk member, the member’s application
   63  must be approved by the administrator and the member must
   64  receive salary payments for work performed as a peace officer;
   65  law enforcement officer; police officer; highway patrol officer;
   66  custodial employee at a correctional or detention facility;
   67  correctional agency employee whose duties and responsibilities
   68  involve direct contact with inmates, but excluding secretarial
   69  and clerical employees; firefighter; or an employee in any other
   70  job in the field of law enforcement or fire protection if the
   71  member’s duties are certified as hazardous by his or her
   72  employer. Effective October 1, 1978, a member must be designated
   73  as a special risk member by the department and must meet the
   74  following criteria:
   75         (a)Effective October 1, 1978, the member must be employed
   76  as a law enforcement officer, a firefighter, or a correctional
   77  officer and:
   78         1.(a)If employed The member must be employed as a law
   79  enforcement officer, the member must and be certified, or
   80  required to be certified, in compliance with s. 943.1395;
   81  however, sheriffs and elected police chiefs are shall be
   82  excluded from meeting the certification requirements of this
   83  paragraph. In addition, the member’s duties and responsibilities
   84  must include the pursuit, apprehension, and arrest of law
   85  violators or suspected law violators; or the member must be an
   86  active member of a bomb disposal unit whose primary
   87  responsibility is the location, handling, and disposal of
   88  explosive devices; or the member must be the supervisor or
   89  command officer of a member or members who have such
   90  responsibilities.; provided, however, Administrative support
   91  personnel, including, but not limited to, those whose primary
   92  duties and responsibilities are in accounting, purchasing,
   93  legal, and personnel, are shall not be included;
   94         2.(b)If employed The member must be employed as a
   95  firefighter, the member must and be certified, or required to be
   96  certified, in compliance with s. 633.35 and be employed solely
   97  within the fire department of a local government employer or an
   98  agency of state government with firefighting responsibilities.
   99  In addition, the member’s duties and responsibilities must
  100  include on-the-scene fighting of fires, fire prevention, or
  101  firefighter training; direct supervision of firefighting units,
  102  fire prevention, or firefighter training; or aerial firefighting
  103  surveillance performed by fixed-wing aircraft pilots employed by
  104  the Division of Forestry of the Department of Agriculture and
  105  Consumer Services; or the member must be the supervisor or
  106  command officer of a member or members who have such
  107  responsibilities.; provided, however, Administrative support
  108  personnel, including, but not limited to, those whose primary
  109  duties and responsibilities are in accounting, purchasing,
  110  legal, and personnel, are shall not be included; however, and
  111  further provided that all periods of creditable service in fire
  112  prevention or firefighter training, or as the supervisor or
  113  command officer of a member or members who have such
  114  responsibilities, and for which the employer paid the special
  115  risk contribution rate, are shall be included; or
  116         3.(c)If employed The member must be employed as a
  117  correctional officer, the member must and be certified, or
  118  required to be certified, in compliance with s. 943.1395. In
  119  addition, the member’s primary duties and responsibilities must
  120  be the custody, and physical restraint when necessary, of
  121  prisoners or inmates within a prison, jail, or other criminal
  122  detention facility, or while on work detail outside the
  123  facility, or while being transported; or the member must be the
  124  supervisor or command officer of a member or members who have
  125  such responsibilities.; provided, however, Administrative
  126  support personnel, including, but not limited to, those whose
  127  primary duties and responsibilities are in accounting,
  128  purchasing, legal, and personnel, are shall not be included;
  129  however, wardens and assistant wardens, as defined by rule,
  130  shall participate in the Special Risk Class.;
  131         (b)Effective October 1, 1999, special risk membership also
  132  includes an emergency medical technician or paramedic who is
  133         (d)The member must be employed by a licensed Advance Life
  134  Support (ALS) or Basic Life Support (BLS) employer as an
  135  emergency medical technician or a paramedic and be certified in
  136  compliance with s. 401.27. In addition, the member’s primary
  137  duties and responsibilities must include on-the-scene emergency
  138  medical care or direct supervision of emergency medical
  139  technicians or paramedics, or the member must be the supervisor
  140  or command officer of one or more members who have such
  141  responsibility. However, Administrative support personnel,
  142  including, but not limited to, those whose primary
  143  responsibilities are in accounting, purchasing, legal, and
  144  personnel, are shall not be included.;
  145         (c)Effective January 1, 2001, special risk membership also
  146  includes a community-based correctional probation officer who is
  147         (e)The member must be employed as a community-based
  148  correctional probation officer and is be certified, or required
  149  to be certified, in compliance with s. 943.1395. In addition,
  150  the member’s primary duties and responsibilities must be the
  151  supervised custody, surveillance, control, investigation, and
  152  counseling of assigned inmates, probationers, parolees, or
  153  community controllees within the community; or the member must
  154  be the supervisor of a member or members who have such
  155  responsibilities. Administrative support personnel, including,
  156  but not limited to, those whose primary duties and
  157  responsibilities are in accounting, purchasing, legal services,
  158  and personnel management, are shall not be included; however,
  159  probation and parole circuit and deputy circuit administrators
  160  shall participate in the Special Risk Class.;
  161         (d)Effective January 1, 2001, special risk membership also
  162  includes a professional health care bargaining unit or non-unit
  163  member who is employed by the Department of Corrections or the
  164  Department of Children and Family Services
  165         (f)The member must be employed in one of the following
  166  classes and who spends must spend at least 75 percent of his or
  167  her time performing duties that which involve contact with
  168  patients or inmates in a correctional or forensic facility or
  169  institution:
  170         1. Dietitian (class codes 5203 and 5204);
  171         2. Public health nutrition consultant (class code 5224);
  172         3. Psychological specialist (class codes 5230 and 5231);
  173         4. Psychologist (class code 5234);
  174         5. Senior psychologist (class codes 5237 and 5238);
  175         6. Regional mental health consultant (class code 5240);
  176         7. Psychological Services Director—DCF (class code 5242);
  177         8. Pharmacist (class codes 5245 and 5246);
  178         9. Senior pharmacist (class codes 5248 and 5249);
  179         10. Dentist (class code 5266);
  180         11. Senior dentist (class code 5269);
  181         12. Registered nurse (class codes 5290 and 5291);
  182         13. Senior registered nurse (class codes 5292 and 5293);
  183         14. Registered nurse specialist (class codes 5294 and
  184  5295);
  185         15. Clinical associate (class codes 5298 and 5299);
  186         16. Advanced registered nurse practitioner (class codes
  187  5297 and 5300);
  188         17. Advanced registered nurse practitioner specialist
  189  (class codes 5304 and 5305);
  190         18. Registered nurse supervisor (class codes 5306 and
  191  5307);
  192         19. Senior registered nurse supervisor (class codes 5308
  193  and 5309);
  194         20. Registered nursing consultant (class codes 5312 and
  195  5313);
  196         21. Quality management program supervisor (class code
  197  5314);
  198         22. Executive nursing director (class codes 5320 and 5321);
  199         23. Speech and hearing therapist (class code 5406); or
  200         24. Pharmacy manager (class code 5251).;
  201         (e)Effective July 1, 2001, special risk membership also
  202  includes a youth custody officer who is employed by the
  203  Department of Juvenile Justice and
  204         (g)The member must be employed as a youth custody officer
  205  and be certified, or required to be certified, in compliance
  206  with s. 943.1395. In addition, the member’s primary duties and
  207  responsibilities must be the supervised custody, surveillance,
  208  control, investigation, apprehension, arrest, and counseling of
  209  assigned juveniles within the community.; or
  210         (f)(h) Effective October 1, 2005, through June 30, 2008,
  211  the member must be employed by a law enforcement agency or
  212  medical examiner’s office in a forensic discipline recognized by
  213  the International Association for Identification and must
  214  qualify for active membership in the International Association
  215  for Identification. The member’s primary duties and
  216  responsibilities must include the collection, examination,
  217  preservation, documentation, preparation, or analysis of
  218  physical evidence or testimony, or both, or the member must be
  219  the direct supervisor, quality management supervisor, or command
  220  officer of one or more individuals with such responsibility.
  221  Administrative support personnel, including, but not limited to,
  222  those whose primary responsibilities are clerical or in
  223  accounting, purchasing, legal, and personnel, are shall not be
  224  included.
  225         (g)(i) Effective July 1, 2008, the member must be employed
  226  by the Department of Law Enforcement in the crime laboratory or
  227  by the Division of State Fire Marshal in the forensic laboratory
  228  in one of the following classes:
  229         1. Forensic technologist (class code 8459);
  230         2. Crime laboratory technician (class code 8461);
  231         3. Crime laboratory analyst (class code 8463);
  232         4. Senior crime laboratory analyst (class code 8464);
  233         5. Crime laboratory analyst supervisor (class code 8466);
  234         6. Forensic chief (class code 9602); or
  235         7. Forensic services quality manager (class code 9603).
  236         (h)(j) Effective July 1, 2008, the member must be employed
  237  by a local government law enforcement agency or medical
  238  examiner’s office and must spend at least 65 percent of his or
  239  her time performing duties that involve the collection,
  240  examination, preservation, documentation, preparation, or
  241  analysis of human tissues or fluids or physical evidence having
  242  potential biological, chemical, or radiological hazard or
  243  contamination, or use chemicals, processes, or materials that
  244  may have carcinogenic or health-damaging properties in the
  245  analysis of such evidence, or the member must be the direct
  246  supervisor of one or more individuals having such
  247  responsibility. If a special risk member changes to another
  248  position within the same agency, he or she must submit a
  249  complete application as provided in paragraph (3)(a).
  250         (i)Effective July 1, 2010, special risk membership also
  251  includes a member who is employed by a public acute care
  252  hospital that serves members of the public and serves as a
  253  trauma center, and that provides treatment to members of the
  254  public who have deadly or crippling infectious diseases, who are
  255  accused of or convicted of serious violent crimes, who have been
  256  subjected to hazardous materials or biological or chemical
  257  agents as a result of terrorism or industrial accidents, or who
  258  have diseases that require treatment interventions using
  259  extremely toxic substances.
  260         (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.—
  261         (b) Any member who is a special risk member on July 1,
  262  2008, and who became eligible to participate under paragraph
  263  (2)(f) (2)(h) but fails to meet the criteria for special risk
  264  membership under established by paragraph (2)(g) (2)(i) or
  265  paragraph (2)(h) (2)(j) shall have his or her special risk
  266  designation removed and thereafter shall be a Regular Class
  267  member and earn only Regular Class membership credit. The
  268  department may review the special risk designation of members to
  269  determine whether or not those members continue to meet the
  270  criteria for special risk membership.
  271         (9) CREDIT FOR UPGRADED SERVICE.—
  272         (c) Any member of the Special Risk Class who has earned
  273  creditable service in another membership class of the Florida
  274  Retirement System in a position with the Department of Law
  275  Enforcement or the Division of State Fire Marshal and became
  276  covered by the Special Risk Class as described in paragraph
  277  (2)(g) (2)(i), or with a local government law enforcement agency
  278  or medical examiner’s office and became covered by the Special
  279  Risk Class as described in paragraph (2)(h) (2)(j), which
  280  service is within the purview of the Special Risk Class, and is
  281  employed in such position on or after July 1, 2008, may purchase
  282  additional retirement credit to upgrade such service to Special
  283  Risk Class service, to the extent of the percentages of the
  284  member’s average final compensation provided in s.
  285  121.091(1)(a)2. The cost for such credit must shall be an amount
  286  representing the actuarial accrued liability for the difference
  287  in accrual value during the affected period of service. The cost
  288  shall be calculated using the discount rate and other relevant
  289  actuarial assumptions that were used to value the Florida
  290  Retirement System defined benefit plan liabilities in the most
  291  recent actuarial valuation. The Division of Retirement shall
  292  ensure that the transfer sum is prepared using a formula and
  293  methodology certified by an enrolled actuary. The cost must be
  294  paid immediately upon notification by the division. The local
  295  government employer may purchase the upgraded service credit on
  296  behalf of the member if the member has been employed by that
  297  employer for at least 3 years.
  298         Section 3. The Legislature finds that a proper and
  299  legitimate state interest is served when employees of public
  300  acute care hospitals that serve members of the public who have
  301  deadly or crippling infectious diseases, who are accused of or
  302  convicted of serious violent crimes, who have been subjected to
  303  hazardous materials or biological or chemical agents as a result
  304  of terrorism or industrial accidents, or who have diseases that
  305  require treatment interventions using extremely toxic substances
  306  are classified as members of the special risk class of the
  307  Florida Retirement System. These persons must be provided
  308  benefits that are fair and adequate and that are managed,
  309  administered, and funded in an actuarially sound manner as
  310  required by s. 14, Article X of the State Constitution, and part
  311  VII of chapter 112, Florida Statutes. Therefore, the Legislature
  312  determines and declares that the amendment of s. 121.091,
  313  Florida Statutes, made by this act fulfills an important state
  314  interest.
  315         Section 4. This act shall take effect July 1, 2010.