HB 1315

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"; amending s. 121.0515, F.S.; revising criteria for
5membership in the special risk class to include court
6deputies; providing legislative findings that the act
7fulfills an important state interest; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (15) of section 121.021, Florida
13Statutes, is amended to read:
14     121.021  Definitions.-The following words and phrases as
15used in this chapter have the respective meanings set forth
16unless a different meaning is plainly required by the context:
17     (15)  "Special risk member" means a member who meets the
18criteria specified in s. 121.0515.
19     (a)  Until October 1, 1978, "special risk member" means any
20officer or employee whose application is approved by the
21administrator and who receives salary payments for work
22performed as a peace officer; law enforcement officer; police
23officer; highway patrol officer; custodial employee at a
24correctional or detention facility; correctional agency employee
25whose duties and responsibilities involve direct contact with
26inmates, but excluding secretarial and clerical employees;
27firefighter; or an employee in any other job in the field of law
28enforcement or fire protection if the duties of such person are
29certified as hazardous by his or her employer.
30     (b)  Effective October 1, 1978, "special risk member" means
31a member of the Florida Retirement System who is designated as a
32special risk member by the division in accordance with s.
33121.0515. Such member must be employed as a law enforcement
34officer, a firefighter, or a correctional officer and must meet
35certain other special criteria as set forth in s. 121.0515.
36     (c)  Effective October 1, 1999, "special risk member" means
37a member of the Florida Retirement System who is designated as a
38special risk member by the division in accordance with s.
39121.0515. Such member must be employed as a law enforcement
40officer, a firefighter, a correctional officer, an emergency
41medical technician, or a paramedic and must meet certain other
42special criteria as set forth in s. 121.0515.
43     (d)1.  Effective January 1, 2001, "special risk member"
44includes any member who is employed as a community-based
45correctional probation officer and meets the special criteria
46set forth in s. 121.0515(2)(e).
47     2.  Effective January 1, 2001, "special risk member"
48includes any professional health care bargaining unit or non-
49unit member who is employed by the Department of Corrections or
50the Department of Children and Family Services and meets the
51special criteria set forth in s. 121.0515(2)(f).
52     (e)  Effective July 1, 2001, the term "special risk member"
53includes any member who is employed as a youth custody officer
54by the Department of Juvenile Justice and meets the special
55criteria set forth in s. 121.0515(2)(g).
56     Section 2.  Subsection (2), paragraph (b) of subsection
57(4), and paragraph (c) of subsection (9) of section 121.0515,
58Florida Statutes, are amended to read:
59     121.0515  Special risk membership.-
60     (2)  CRITERIA.-Prior to October 1, 1978, A member, to be
61designated as a special risk member, the member's application
62must be approved by the administrator and the member must
63receive salary payments for work performed as a peace officer;
64law enforcement officer; police officer; highway patrol officer;
65custodial employee at a correctional or detention facility;
66correctional agency employee whose duties and responsibilities
67involve direct contact with inmates, but excluding secretarial
68and clerical employees; firefighter; or an employee in any other
69job in the field of law enforcement or fire protection if the
70member's duties are certified as hazardous by his or her
71employer. Effective October 1, 1978, a member must be designated
72as a special risk member by the department and must meet the
73following criteria:
74     (a)  Effective October 1, 1978, the member must be employed
75as a law enforcement officer, a firefighter, or a correctional
76officer and:
77     1.(a)  If employed The member must be employed as a law
78enforcement officer, the member must and be certified, or
79required to be certified, in compliance with s. 943.1395;
80however, sheriffs and elected police chiefs are shall be
81excluded from meeting the certification requirements of this
82paragraph. In addition, the member's duties and responsibilities
83must include the pursuit, apprehension, and arrest of law
84violators or suspected law violators; or the member must be an
85active member of a bomb disposal unit whose primary
86responsibility is the location, handling, and disposal of
87explosive devices; or the member must be the supervisor or
88command officer of a member or members who have such
89responsibilities.; provided, however, Administrative support
90personnel, including, but not limited to, those whose primary
91duties and responsibilities are in accounting, purchasing,
92legal, and personnel, are shall not be included;
93     2.(b)  If employed The member must be employed as a
94firefighter, the member must and be certified, or required to be
95certified, in compliance with s. 633.35 and be employed solely
96within the fire department of a local government employer or an
97agency of state government with firefighting responsibilities.
98In addition, the member's duties and responsibilities must
99include on-the-scene fighting of fires, fire prevention, or
100firefighter training; direct supervision of firefighting units,
101fire prevention, or firefighter training; or aerial firefighting
102surveillance performed by fixed-wing aircraft pilots employed by
103the Division of Forestry of the Department of Agriculture and
104Consumer Services; or the member must be the supervisor or
105command officer of a member or members who have such
106responsibilities.; provided, however, Administrative support
107personnel, including, but not limited to, those whose primary
108duties and responsibilities are in accounting, purchasing,
109legal, and personnel, are shall not be included; however, and
110further provided that all periods of creditable service in fire
111prevention or firefighter training, or as the supervisor or
112command officer of a member or members who have such
113responsibilities, and for which the employer paid the special
114risk contribution rate, are shall be included; or
115     3.(c)  If employed The member must be employed as a
116correctional officer, the member must and be certified, or
117required to be certified, in compliance with s. 943.1395. In
118addition, the member's primary duties and responsibilities must
119be the custody, and physical restraint when necessary, of
120prisoners or inmates within a prison, jail, or other criminal
121detention facility, or while on work detail outside the
122facility, or while being transported; or the member must be the
123supervisor or command officer of a member or members who have
124such responsibilities.; provided, however, Administrative
125support personnel, including, but not limited to, those whose
126primary duties and responsibilities are in accounting,
127purchasing, legal, and personnel, are shall not be included;
128however, wardens and assistant wardens, as defined by rule,
129shall participate in the Special Risk Class.;
130     (b)  Effective October 1, 1999, special risk membership
131also includes an emergency medical technician or paramedic who
132is
133     (d)  The member must be employed by a licensed Advance Life
134Support (ALS) or Basic Life Support (BLS) employer as an
135emergency medical technician or a paramedic and be certified in
136compliance with s. 401.27. In addition, the member's primary
137duties and responsibilities must include on-the-scene emergency
138medical care or direct supervision of emergency medical
139technicians or paramedics, or the member must be the supervisor
140or command officer of one or more members who have such
141responsibility. However, Administrative support personnel,
142including, but not limited to, those whose primary
143responsibilities are in accounting, purchasing, legal, and
144personnel, are shall not be included.;
145     (c)  Effective January 1, 2001, special risk membership
146also includes a community-based correctional probation officer
147who is
148     (e)  The member must be employed as a community-based
149correctional probation officer and is be certified, or required
150to be certified, in compliance with s. 943.1395. In addition,
151the member's primary duties and responsibilities must be the
152supervised custody, surveillance, control, investigation, and
153counseling of assigned inmates, probationers, parolees, or
154community controllees within the community; or the member must
155be the supervisor of a member or members who have such
156responsibilities. Administrative support personnel, including,
157but not limited to, those whose primary duties and
158responsibilities are in accounting, purchasing, legal services,
159and personnel management, are shall not be included; however,
160probation and parole circuit and deputy circuit administrators
161shall participate in the Special Risk Class.;
162     (d)  Effective January 1, 2001, special risk membership
163also includes a professional health care bargaining unit or non-
164unit member who is employed by the Department of Corrections or
165the Department of Children and Family Services
166     (f)  The member must be employed in one of the following
167classes and who spends must spend at least 75 percent of his or
168her time performing duties that which involve contact with
169patients or inmates in a correctional or forensic facility or
170institution:
171     1.  Dietitian (class codes 5203 and 5204);
172     2.  Public health nutrition consultant (class code 5224);
173     3.  Psychological specialist (class codes 5230 and 5231);
174     4.  Psychologist (class code 5234);
175     5.  Senior psychologist (class codes 5237 and 5238);
176     6.  Regional mental health consultant (class code 5240);
177     7.  Psychological Services Director-DCF (class code 5242);
178     8.  Pharmacist (class codes 5245 and 5246);
179     9.  Senior pharmacist (class codes 5248 and 5249);
180     10.  Dentist (class code 5266);
181     11.  Senior dentist (class code 5269);
182     12.  Registered nurse (class codes 5290 and 5291);
183     13.  Senior registered nurse (class codes 5292 and 5293);
184     14.  Registered nurse specialist (class codes 5294 and
1855295);
186     15.  Clinical associate (class codes 5298 and 5299);
187     16.  Advanced registered nurse practitioner (class codes
1885297 and 5300);
189     17.  Advanced registered nurse practitioner specialist
190(class codes 5304 and 5305);
191     18.  Registered nurse supervisor (class codes 5306 and
1925307);
193     19.  Senior registered nurse supervisor (class codes 5308
194and 5309);
195     20.  Registered nursing consultant (class codes 5312 and
1965313);
197     21.  Quality management program supervisor (class code
1985314);
199     22.  Executive nursing director (class codes 5320 and
2005321);
201     23.  Speech and hearing therapist (class code 5406); or
202     24.  Pharmacy manager (class code 5251).;
203     (e)  Effective July 1, 2001, special risk membership also
204includes a youth custody officer who is employed by the
205Department of Juvenile Justice and
206     (g)  The member must be employed as a youth custody officer
207and be certified, or required to be certified, in compliance
208with s. 943.1395. In addition, the member's primary duties and
209responsibilities must be the supervised custody, surveillance,
210control, investigation, apprehension, arrest, and counseling of
211assigned juveniles within the community.; or
212     (f)(h)  Effective October 1, 2005, through June 30, 2008,
213the member must be employed by a law enforcement agency or
214medical examiner's office in a forensic discipline recognized by
215the International Association for Identification and must
216qualify for active membership in the International Association
217for Identification. The member's primary duties and
218responsibilities must include the collection, examination,
219preservation, documentation, preparation, or analysis of
220physical evidence or testimony, or both, or the member must be
221the direct supervisor, quality management supervisor, or command
222officer of one or more individuals with such responsibility.
223Administrative support personnel, including, but not limited to,
224those whose primary responsibilities are clerical or in
225accounting, purchasing, legal, and personnel, are shall not be
226included.
227     (g)(i)  Effective July 1, 2008, the member must be employed
228by the Department of Law Enforcement in the crime laboratory or
229by the Division of State Fire Marshal in the forensic laboratory
230in one of the following classes:
231     1.  Forensic technologist (class code 8459);
232     2.  Crime laboratory technician (class code 8461);
233     3.  Crime laboratory analyst (class code 8463);
234     4.  Senior crime laboratory analyst (class code 8464);
235     5.  Crime laboratory analyst supervisor (class code 8466);
236     6.  Forensic chief (class code 9602); or
237     7.  Forensic services quality manager (class code 9603).
238     (h)(j)  Effective July 1, 2008, the member must be employed
239by a local government law enforcement agency or medical
240examiner's office and must spend at least 65 percent of his or
241her time performing duties that involve the collection,
242examination, preservation, documentation, preparation, or
243analysis of human tissues or fluids or physical evidence having
244potential biological, chemical, or radiological hazard or
245contamination, or use chemicals, processes, or materials that
246may have carcinogenic or health-damaging properties in the
247analysis of such evidence, or the member must be the direct
248supervisor of one or more individuals having such
249responsibility. If a special risk member changes to another
250position within the same agency, he or she must submit a
251complete application as provided in paragraph (3)(a).
252     (i)  Effective July 1, 2010, special risk membership also
253includes a member who is a court deputy in the state courts
254system and whose primary duties include transporting,
255controlling, and fingerprinting prisoners within the courthouse;
256maintaining care and control of juries; notifying court
257administration when larger courtrooms are needed, bringing
258judge's supplies to the courtroom, announcing the judge and
259calling the court to order; and maintaining a safe and secure
260environment for the public in a courtroom setting.
261Administrative support personnel, including, but not limited to,
262those whose primary responsibilities are clerical or in
263accounting, purchasing, legal, and personnel, are not included.
264     (4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.-
265     (b)  Any member who is a special risk member on July 1,
2662008, and who became eligible to participate under paragraph
267(2)(f) (2)(h) but fails to meet the criteria for special risk
268membership under established by paragraph (2)(g) (2)(i) or
269paragraph (2)(h) (2)(j) shall have his or her special risk
270designation removed and thereafter shall be a Regular Class
271member and earn only Regular Class membership credit. The
272department may review the special risk designation of members to
273determine whether or not those members continue to meet the
274criteria for special risk membership.
275     (9)  CREDIT FOR UPGRADED SERVICE.-
276     (c)  Any member of the Special Risk Class who has earned
277creditable service in another membership class of the Florida
278Retirement System in a position with the Department of Law
279Enforcement or the Division of State Fire Marshal and became
280covered by the Special Risk Class as described in paragraph
281(2)(g) (2)(i), or with a local government law enforcement agency
282or medical examiner's office and became covered by the Special
283Risk Class as described in paragraph (2)(h) (2)(j), which
284service is within the purview of the Special Risk Class, and is
285employed in such position on or after July 1, 2008, may purchase
286additional retirement credit to upgrade such service to Special
287Risk Class service, to the extent of the percentages of the
288member's average final compensation provided in s.
289121.091(1)(a)2. The cost for such credit must shall be an amount
290representing the actuarial accrued liability for the difference
291in accrual value during the affected period of service. The cost
292shall be calculated using the discount rate and other relevant
293actuarial assumptions that were used to value the Florida
294Retirement System defined benefit plan liabilities in the most
295recent actuarial valuation. The Division of Retirement shall
296ensure that the transfer sum is prepared using a formula and
297methodology certified by an enrolled actuary. The cost must be
298paid immediately upon notification by the division. The local
299government employer may purchase the upgraded service credit on
300behalf of the member if the member has been employed by that
301employer for at least 3 years.
302     Section 3.  The Legislature finds that a proper and
303legitimate state interest is served when state court employees
304who are responsible for maintaining a safe and secure
305environment for staff and the public in a courtroom setting are
306classified as members of the special risk class of the Florida
307Retirement System. These persons must be provided benefits that
308are fair and adequate and that are managed, administered, and
309funded in an actuarially sound manner as required by s. 14,
310Article X of the State Constitution, and part VII of chapter
311112, Florida Statutes. Therefore, the Legislature determines and
312declares that the amendment of s. 121.0515, Florida Statutes,
313made by this act fulfills an important state interest.
314     Section 4.  This act shall take effect July 1, 2010.


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