HB 127

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.021, F.S.; redefining the term "special risk
4member" for the purposes of the Florida Retirement System
5to include certain members employed by certain public
6acute care hospitals; amending s. 121.0515, F.S.; revising
7criteria for membership in the Special Risk Class to
8include certain members employed by certain public acute
9care hospitals; providing a statement of important state
10interest; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (f) is added to subsection (15) of
15section 121.021, Florida Statutes, to read:
16     121.021  Definitions.--The following words and phrases as
17used in this chapter have the respective meanings set forth
18unless a different meaning is plainly required by the context:
19     (15)
20     (f)  Effective July 1, 2010, the term "special risk member"
21includes any member who is employed by a public acute care
22hospital that serves as a trauma center and that provides
23treatment to members of the public who have deadly or crippling
24infectious diseases, members of the public who are accused of or
25convicted of serious violent crimes, members of the public who
26have been subjected to hazardous materials or biological or
27chemical agents as a result of terrorism or industrial
28accidents, or members of the public who have diseases the
29treatment of which requires interventions with extremely toxic
30substances.
31     Section 2.  Subsection (2) of section 121.0515, Florida
32Statutes, is amended to read:
33     121.0515  Special risk membership.--
34     (2)  CRITERIA.--A member, to be designated as a special
35risk member, must meet the following criteria:
36     (a)  The member must be employed as a law enforcement
37officer and be certified, or required to be certified, in
38compliance with s. 943.1395; however, sheriffs and elected
39police chiefs shall be excluded from meeting the certification
40requirements of this paragraph. In addition, the member's duties
41and responsibilities must include the pursuit, apprehension, and
42arrest of law violators or suspected law violators; or the
43member must be an active member of a bomb disposal unit whose
44primary responsibility is the location, handling, and disposal
45of explosive devices; or the member must be the supervisor or
46command officer of a member or members who have such
47responsibilities; provided, however, administrative support
48personnel, including, but not limited to, those whose primary
49duties and responsibilities are in accounting, purchasing,
50legal, and personnel, shall not be included;
51     (b)  The member must be employed as a firefighter and be
52certified, or required to be certified, in compliance with s.
53633.35 and be employed solely within the fire department of a
54local government employer or an agency of state government with
55firefighting responsibilities. In addition, the member's duties
56and responsibilities must include on-the-scene fighting of
57fires, fire prevention, or firefighter training; direct
58supervision of firefighting units, fire prevention, or
59firefighter training; or aerial firefighting surveillance
60performed by fixed-wing aircraft pilots employed by the Division
61of Forestry of the Department of Agriculture and Consumer
62Services; or the member must be the supervisor or command
63officer of a member or members who have such responsibilities;
64provided, however, administrative support personnel, including,
65but not limited to, those whose primary duties and
66responsibilities are in accounting, purchasing, legal, and
67personnel, shall not be included and further provided that all
68periods of creditable service in fire prevention or firefighter
69training, or as the supervisor or command officer of a member or
70members who have such responsibilities, and for which the
71employer paid the special risk contribution rate, shall be
72included;
73     (c)  The member must be employed as a correctional officer
74and be certified, or required to be certified, in compliance
75with s. 943.1395. In addition, the member's primary duties and
76responsibilities must be the custody, and physical restraint
77when necessary, of prisoners or inmates within a prison, jail,
78or other criminal detention facility, or while on work detail
79outside the facility, or while being transported; or the member
80must be the supervisor or command officer of a member or members
81who have such responsibilities; provided, however,
82administrative support personnel, including, but not limited to,
83those whose primary duties and responsibilities are in
84accounting, purchasing, legal, and personnel, shall not be
85included; however, wardens and assistant wardens, as defined by
86rule, shall participate in the Special Risk Class;
87     (d)  The member must be employed by a licensed Advance Life
88Support (ALS) or Basic Life Support (BLS) employer as an
89emergency medical technician or a paramedic and be certified in
90compliance with s. 401.27. In addition, the member's primary
91duties and responsibilities must include on-the-scene emergency
92medical care or direct supervision of emergency medical
93technicians or paramedics, or the member must be the supervisor
94or command officer of one or more members who have such
95responsibility. However, administrative support personnel,
96including, but not limited to, those whose primary
97responsibilities are in accounting, purchasing, legal, and
98personnel, shall not be included;
99     (e)  The member must be employed as a community-based
100correctional probation officer and be certified, or required to
101be certified, in compliance with s. 943.1395. In addition, the
102member's primary duties and responsibilities must be the
103supervised custody, surveillance, control, investigation, and
104counseling of assigned inmates, probationers, parolees, or
105community controllees within the community; or the member must
106be the supervisor of a member or members who have such
107responsibilities. Administrative support personnel, including,
108but not limited to, those whose primary duties and
109responsibilities are in accounting, purchasing, legal services,
110and personnel management, shall not be included; however,
111probation and parole circuit and deputy circuit administrators
112shall participate in the Special Risk Class;
113     (f)  The member must be employed in one of the following
114classes and must spend at least 75 percent of his or her time
115performing duties which involve contact with patients or inmates
116in 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
1315295);
132     15.  Clinical associate (class codes 5298 and 5299);
133     16.  Advanced registered nurse practitioner (class codes
1345297 and 5300);
135     17.  Advanced registered nurse practitioner specialist
136(class codes 5304 and 5305);
137     18.  Registered nurse supervisor (class codes 5306 and
1385307);
139     19.  Senior registered nurse supervisor (class codes 5308
140and 5309);
141     20.  Registered nursing consultant (class codes 5312 and
1425313);
143     21.  Quality management program supervisor (class code
1445314);
145     22.  Executive nursing director (class codes 5320 and
1465321);
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
150and be certified, or required to be certified, in compliance
151with s. 943.1395. In addition, the member's primary duties and
152responsibilities must be the supervised custody, surveillance,
153control, investigation, apprehension, arrest, and counseling of
154assigned juveniles within the community; or
155     (h)  Effective October 1, 2005, through June 30, 2008, the
156member must be employed by a law enforcement agency or medical
157examiner's office in a forensic discipline recognized by the
158International Association for Identification and must qualify
159for active membership in the International Association for
160Identification. The member's primary duties and responsibilities
161must include the collection, examination, preservation,
162documentation, preparation, or analysis of physical evidence or
163testimony, or both, or the member must be the direct supervisor,
164quality management supervisor, or command officer of one or more
165individuals with such responsibility. Administrative support
166personnel, including, but not limited to, those whose primary
167responsibilities are clerical or in accounting, purchasing,
168legal, and personnel, shall not be included;.
169     (i)  Effective July 1, 2008, the member must be employed by
170the Department of Law Enforcement in the crime laboratory or by
171the Division of State Fire Marshal in the forensic laboratory in
172one 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
181a local government law enforcement agency or medical examiner's
182office and must spend at least 65 percent of his or her time
183performing duties that involve the collection, examination,
184preservation, documentation, preparation, or analysis of human
185tissues or fluids or physical evidence having potential
186biological, chemical, or radiological hazard or contamination,
187or use chemicals, processes, or materials that may have
188carcinogenic or health-damaging properties in the analysis of
189such evidence, or the member must be the direct supervisor of
190one or more individuals having such responsibility. If a special
191risk member changes to another position within the same agency,
192he or she must submit a complete application as provided in
193paragraph (3)(a); or.
194     (k)  The member must be employed by a public acute care
195hospital that serves as a trauma center and that provides
196treatment to members of the public who have deadly or crippling
197infectious diseases, members of the public who are accused of or
198convicted of serious violent crimes, members of the public who
199have been subjected to hazardous materials or biological or
200chemical agents as a result of terrorism or industrial
201accidents, or members of the public who have diseases the
202treatment of which requires interventions with extremely toxic
203substances.
204     Section 3.  The Legislature finds that in providing
205treatment to members of the public who have deadly or crippling
206infectious diseases, members of the public who are accused of or
207convicted of serious violent crimes, members of the public who
208have been subjected to hazardous materials or biological or
209chemical agents as a result of terrorism or industrial
210accidents, or members of the public who have diseases the
211treatment of which requires interventions with extremely toxic
212substances, a member of the Florida Retirement System who is
213employed by a public acute care hospital that serves as a trauma
214center is serving an important state interest and should be a
215member of the Special Risk Class of the Florida Retirement
216System.
217     Section 4.  This act shall take effect July 1, 2010.


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