Florida Senate - 2009                                    SB 1258
       
       
       
       By Senator Hill
       
       
       
       
       1-01519-09                                            20091258__
    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" to include members employed by
    5         public acute care hospitals serving certain patients;
    6         amending s. 121.0515, F.S.; revising criteria for
    7         membership in the special risk class to include
    8         members employed by public acute care hospitals
    9         serving certain patients; providing legislative
   10         findings that the act fulfils an important state
   11         interest; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Subsection (15) of section 121.021, Florida
   16  Statutes, is amended to read:
   17         121.021 Definitions.—The following words and phrases as
   18  used in this chapter have the respective meanings set forth
   19  unless a different meaning is plainly required by the context:
   20         (15) "Special risk member" means:
   21         (a) Until October 1, 1978, “special risk member” means any
   22  officer or employee whose application is approved by the
   23  administrator and who receives salary payments for work
   24  performed as a peace officer; law enforcement officer; police
   25  officer; highway patrol officer; custodial employee at a
   26  correctional or detention facility; correctional agency employee
   27  whose duties and responsibilities involve direct contact with
   28  inmates, but excluding secretarial and clerical employees;
   29  firefighter; or an employee in any other job in the field of law
   30  enforcement or fire protection if the duties of such person are
   31  certified as hazardous by his or her employer.
   32         (b) Effective October 1, 1978, “special risk member” means
   33  a member of the Florida Retirement System who is designated as a
   34  special risk member by the division in accordance with s.
   35  121.0515. Such member must be employed as a law enforcement
   36  officer, a firefighter, or a correctional officer and meet the
   37  must meet certain other special criteria as set forth in s.
   38  121.0515.
   39         (c) Effective October 1, 1999, “special risk member” means
   40  a member of the Florida Retirement System who is designated as a
   41  special risk member by the division in accordance with s.
   42  121.0515. Such member must be employed as a law enforcement
   43  officer, a firefighter, a correctional officer, an emergency
   44  medical technician, or a paramedic and meet the must meet
   45  certain other special criteria as set forth in s. 121.0515.
   46         (d)1. Effective January 1, 2001, “special risk member”
   47  includes any member who is employed as a community-based
   48  correctional probation officer and meets the special criteria
   49  set forth in s. 121.0515(2)(e).
   50         2. Effective January 1, 2001, “special risk member”
   51  includes any professional health care bargaining unit or non
   52  unit member who is employed by the Department of Corrections or
   53  the Department of Children and Family Services and meets the
   54  special criteria set forth in s. 121.0515(2)(f).
   55         (e) Effective July 1, 2001, the term “special risk member”
   56  includes any member who is employed as a youth custody officer
   57  by the Department of Juvenile Justice and meets the special
   58  criteria set forth in s. 121.0515(2)(g).
   59         (f)Effective July 1, 2009, any member who is employed by a
   60  public acute care hospital that serves members of the public and
   61  meets the special criteria set forth in s. 121.0515(2)(k).
   62         Section 2. Subsection (2) of section 121.0515, Florida
   63  Statutes, is amended to read:
   64         121.0515 Special risk membership.—
   65         (2) CRITERIA.—A member, to be designated as a special risk
   66  member, must meet at least one the following criteria:
   67         (a) The member must be employed as a law enforcement
   68  officer and be certified, or required to be certified, in
   69  compliance with s. 943.1395.; However, sheriffs and elected
   70  police chiefs shall be excluded from meeting the certification
   71  requirements of this paragraph. In addition, the member's duties
   72  and responsibilities must include the pursuit, apprehension, and
   73  arrest of law violators or suspected law violators; or the
   74  member must be an active member of a bomb disposal unit whose
   75  primary responsibility is the location, handling, and disposal
   76  of explosive devices; or the member must be the supervisor or
   77  command officer of a member or members who have such
   78  responsibilities; provided, however, administrative support
   79  personnel, including, but not limited to, those whose primary
   80  duties and responsibilities are in accounting, purchasing,
   81  legal, and personnel, shall not be included.;
   82         (b) The member must be employed as a firefighter and be
   83  certified, or required to be certified, in compliance with s.
   84  633.35 and be employed solely within the fire department of a
   85  local government employer or an agency of state government with
   86  firefighting responsibilities. In addition, the member's duties
   87  and responsibilities must include on-the-scene fighting of
   88  fires, fire prevention, or firefighter training; direct
   89  supervision of firefighting units, fire prevention, or
   90  firefighter training; or aerial firefighting surveillance
   91  performed by fixed-wing aircraft pilots employed by the Division
   92  of Forestry of the Department of Agriculture and Consumer
   93  Services; or the member must be the supervisor or command
   94  officer of a member or members who have such responsibilities;
   95  provided, however, administrative support personnel, including,
   96  but not limited to, those whose primary duties and
   97  responsibilities are in accounting, purchasing, legal, and
   98  personnel, shall not be included and further provided that all
   99  periods of creditable service in fire prevention or firefighter
  100  training, or as the supervisor or command officer of a member or
  101  members who have such responsibilities, and for which the
  102  employer paid the special risk contribution rate, shall be
  103  included.;
  104         (c) The member must be employed as a correctional officer
  105  and be certified, or required to be certified, in compliance
  106  with s. 943.1395. In addition, the member's primary duties and
  107  responsibilities must be the custody, and physical restraint
  108  when necessary, of prisoners or inmates within a prison, jail,
  109  or other criminal detention facility, or while on work detail
  110  outside the facility, or while being transported; or the member
  111  must be the supervisor or command officer of a member or members
  112  who have such responsibilities; provided, however,
  113  administrative support personnel, including, but not limited to,
  114  those whose primary duties and responsibilities are in
  115  accounting, purchasing, legal, and personnel, shall not be
  116  included; however, wardens and assistant wardens, as defined by
  117  rule, shall participate in the Special Risk Class.;
  118         (d) The member must be employed by a licensed Advance Life
  119  Support (ALS) or Basic Life Support (BLS) employer as an
  120  emergency medical technician or a paramedic and be certified in
  121  compliance with s. 401.27. In addition, the member's primary
  122  duties and responsibilities must include on-the-scene emergency
  123  medical care or direct supervision of emergency medical
  124  technicians or paramedics, or the member must be the supervisor
  125  or command officer of one or more members who have such
  126  responsibility. However, administrative support personnel,
  127  including, but not limited to, those whose primary
  128  responsibilities are in accounting, purchasing, legal, and
  129  personnel, shall not be included.;
  130         (e) The member must be employed as a community-based
  131  correctional probation officer and be certified, or required to
  132  be certified, in compliance with s. 943.1395. In addition, the
  133  member's primary duties and responsibilities must be the
  134  supervised custody, surveillance, control, investigation, and
  135  counseling of assigned inmates, probationers, parolees, or
  136  community controllees within the community; or the member must
  137  be the supervisor of a member or members who have such
  138  responsibilities. Administrative support personnel, including,
  139  but not limited to, those whose primary duties and
  140  responsibilities are in accounting, purchasing, legal services,
  141  and personnel management, shall not be included; however,
  142  probation and parole circuit and deputy circuit administrators
  143  shall participate in the Special Risk Class.;
  144         (f) The member must be employed in one of the following
  145  classes and must spend at least 75 percent of his or her time
  146  performing duties which involve contact with patients or inmates
  147  in a correctional or forensic facility or institution:
  148         1. Dietitian (class codes 5203 and 5204);
  149         2. Public health nutrition consultant (class code 5224);
  150         3. Psychological specialist (class codes 5230 and 5231);
  151         4. Psychologist (class code 5234);
  152         5. Senior psychologist (class codes 5237 and 5238);
  153         6. Regional mental health consultant (class code 5240);
  154         7. Psychological Services Director—DCF (class code 5242);
  155         8. Pharmacist (class codes 5245 and 5246);
  156         9. Senior pharmacist (class codes 5248 and 5249);
  157         10. Dentist (class code 5266);
  158         11. Senior dentist (class code 5269);
  159         12. Registered nurse (class codes 5290 and 5291);
  160         13. Senior registered nurse (class codes 5292 and 5293);
  161         14. Registered nurse specialist (class codes 5294 and
  162  5295);
  163         15. Clinical associate (class codes 5298 and 5299);
  164         16. Advanced registered nurse practitioner (class codes
  165  5297 and 5300);
  166         17. Advanced registered nurse practitioner specialist
  167  (class codes 5304 and 5305);
  168         18. Registered nurse supervisor (class codes 5306 and
  169  5307);
  170         19. Senior registered nurse supervisor (class codes 5308
  171  and 5309);
  172         20. Registered nursing consultant (class codes 5312 and
  173  5313);
  174         21. Quality management program supervisor (class code
  175  5314);
  176         22. Executive nursing director (class codes 5320 and 5321);
  177         23. Speech and hearing therapist (class code 5406); or
  178         24. Pharmacy manager (class code 5251).;
  179         (g) The member must be employed as a youth custody officer
  180  and be certified, or required to be certified, in compliance
  181  with s. 943.1395. In addition, the member's primary duties and
  182  responsibilities must be the supervised custody, surveillance,
  183  control, investigation, apprehension, arrest, and counseling of
  184  assigned juveniles within the community.; or
  185         (h) Effective October 1, 2005, through June 30, 2008, the
  186  member must be employed by a law enforcement agency or medical
  187  examiner's office in a forensic discipline recognized by the
  188  International Association for Identification and must qualify
  189  for active membership in the International Association for
  190  Identification. The member's primary duties and responsibilities
  191  must include the collection, examination, preservation,
  192  documentation, preparation, or analysis of physical evidence or
  193  testimony, or both, or the member must be the direct supervisor,
  194  quality management supervisor, or command officer of one or more
  195  individuals with such responsibility. Administrative support
  196  personnel, including, but not limited to, those whose primary
  197  responsibilities are clerical or in accounting, purchasing,
  198  legal, and personnel, shall not be included.
  199         (i) Effective July 1, 2008, the member must be employed by
  200  the Department of Law Enforcement in the crime laboratory or by
  201  the Division of State Fire Marshal in the forensic laboratory in
  202  one of the following classes:
  203         1. Forensic technologist (class code 8459);
  204         2. Crime laboratory technician (class code 8461);
  205         3. Crime laboratory analyst (class code 8463);
  206         4. Senior crime laboratory analyst (class code 8464);
  207         5. Crime laboratory analyst supervisor (class code 8466);
  208         6. Forensic chief (class code 9602); or
  209         7. Forensic services quality manager (class code 9603).
  210         (j) Effective July 1, 2008, the member must be employed by
  211  a local government law enforcement agency or medical examiner's
  212  office and must spend at least 65 percent of his or her time
  213  performing duties that involve the collection, examination,
  214  preservation, documentation, preparation, or analysis of human
  215  tissues or fluids or physical evidence having potential
  216  biological, chemical, or radiological hazard or contamination,
  217  or use chemicals, processes, or materials that may have
  218  carcinogenic or health-damaging properties in the analysis of
  219  such evidence, or the member must be the direct supervisor of
  220  one or more individuals having such responsibility. If a special
  221  risk member changes to another position within the same agency,
  222  he or she must submit a complete application as provided in
  223  paragraph (3)(a).
  224         (k)The member must be employed by a public acute care
  225  hospital that serves as a trauma center and that provides
  226  treatment to members of the public who have deadly or crippling
  227  infectious diseases, who are accused of or convicted of serious
  228  violent crimes, who have been subjected to hazardous materials
  229  or biological or chemical agents as a result of terrorism or
  230  industrial accidents, or who have diseases that require
  231  treatment interventions using extremely toxic substances.
  232         Section 3. The Legislature finds that a proper and
  233  legitimate state interest is served when employees of public
  234  acute care hospitals that serve members of the public who have
  235  deadly or crippling infectious diseases, who are accused of or
  236  convicted of serious violent crimes, who have been subjected to
  237  hazardous materials or biological or chemical agents as a result
  238  of terrorism or industrial accidents, or have diseases that
  239  require treatment interventions using extremely toxic substances
  240  are classified as members of the special risk class of the
  241  Florida Retirement System. These persons must be provided
  242  benefits that are fair and adequate and that are managed,
  243  administered, and funded in an actuarially sound manner as
  244  required by s. 14, Article X of the State Constitution, and part
  245  VII of chapter 112, Florida Statutes. Therefore, the Legislature
  246  determines and declares that the amendment of s. 121.091,
  247  Florida Statutes, by this act fulfills an important state
  248  interest.
  249         Section 4. This act shall take effect July 1, 2009.