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





                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Wasserman Schultz offered the following:

12

13         Amendment (with title amendment) 

14         On page 5, line 7,

15

16  insert:

17         Section 1.  Paragraph (c) is added to subsection (15)

18  of section 121.021, Florida Statutes, 1996 Supplement, to

19  read:

20         121.021 Definitions.--The following words and phrases

21  as used in this chapter have the respective meanings set forth

22  unless a different meaning is plainly required by the context:

23         (15)

24         (c)  Effective January 1, 1999, "special risk member"

25  means a member of the Florida Retirement System who is

26  designated as a special risk member by the division in

27  accordance with s. 121.0515.  Such member must be employed as

28  a law enforcement officer, a firefighter, a correctional

29  officer, an emergency medical technician, or a paramedic and

30  must meet certain other special criteria as set forth in s.

31  121.0515.

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    File original & 9 copies    04/30/98
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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 2.  Subsections (1) and (2) and paragraph (a)

 2  of subsection (7) of section 121.0515, Florida Statutes, are

 3  amended to read:

 4         121.0515  Special risk membership; criteria;

 5  designation and removal of classification; credits for past

 6  service and prior service; retention of special risk normal

 7  retirement date.--

 8         (1)  LEGISLATIVE INTENT.--In creating the Special Risk

 9  Class of membership within the Florida Retirement System, it

10  is the intent and purpose of the Legislature to recognize that

11  persons employed in certain categories of law enforcement,

12  firefighting, and criminal detention, and emergency medical

13  care positions are required as one of the essential functions

14  of their positions to perform work that is physically

15  demanding or arduous, or work that requires extraordinary

16  agility and mental acuity, and that such persons, because of

17  diminishing physical and mental faculties, may find that they

18  are not able, without risk to the health and safety of

19  themselves, the public, or their coworkers, to continue

20  performing such duties and thus enjoy the full career and

21  retirement benefits enjoyed by persons employed in other

22  positions and that, if they find it necessary, due to the

23  physical and mental limitations of their age, to retire at an

24  earlier age and usually with less service, they will suffer an

25  economic deprivation therefrom.  Therefore, as a means of

26  recognizing the peculiar and special problems of this class of

27  employees, it is the intent and purpose of the Legislature to

28  establish a class of retirement membership that awards more

29  retirement credit per year of service than that awarded to

30  other employees; however, nothing contained herein shall

31  require ineligibility for special risk membership upon

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  reaching age 55.

 2         (2)  CRITERIA.--A member, to be designated as a special

 3  risk member, must meet the following criteria:

 4         (a)  The member must be employed as a law enforcement

 5  officer and be certified, or required to be certified, in

 6  compliance with s. 943.1395; however, sheriffs and elected

 7  police chiefs shall be excluded from meeting the certification

 8  requirements of this paragraph.  In addition, the member's

 9  duties and responsibilities must include the pursuit,

10  apprehension, and arrest of law violators or suspected law

11  violators; or the member must be an active member of a bomb

12  disposal unit whose primary responsibility is the location,

13  handling, and disposal of explosive devices; or the member

14  must be the supervisor or command officer of a member or

15  members who have such responsibilities; provided, however,

16  administrative support personnel, including, but not limited

17  to, those whose primary duties and responsibilities are in

18  accounting, purchasing, legal, and personnel, shall not be

19  included;

20         (b)  The member must be employed as a firefighter and

21  be certified, or required to be certified, in compliance with

22  s. 633.35 and be employed solely within the fire department of

23  the employer or agency of state government.  In addition, the

24  member's duties and responsibilities must include on-the-scene

25  fighting of fires or direct supervision of firefighting units,

26  or the member must be the supervisor or command officer of a

27  member or members who have such responsibilities; provided,

28  however, administrative support personnel, including, but not

29  limited to, those whose primary duties and responsibilities

30  are in accounting, purchasing, legal, and personnel, shall not

31  be included; or

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (c)  The member must be employed as a correctional

 2  officer and be certified, or required to be certified, in

 3  compliance with s. 943.1395.  In addition, the member's

 4  primary duties and responsibilities must be the custody, and

 5  physical restraint when necessary, of prisoners or inmates

 6  within a prison, jail, or other criminal detention facility,

 7  or while on work detail outside the facility, or while being

 8  transported; or the member must be the supervisor or command

 9  officer of a member or members who have such responsibilities;

10  provided, however, administrative support personnel,

11  including, but not limited to, those whose primary duties and

12  responsibilities are in accounting, purchasing, legal, and

13  personnel, shall not be included; however, superintendents and

14  assistant superintendents shall participate in the Special

15  Risk Class; or.

16         (d)  The member must be employed by a licensed Advance

17  Life Support (ALS) or Basic Life Support (BLS) employer as an

18  emergency medical technician or a paramedic and be certified

19  in compliance with s. 401.27.  In addition, the member's

20  primary duties and responsibilities must include on-the-scene

21  emergency medical care.  However, administrative support

22  personnel, including, but not limited to, those whose primary

23  responsibilities are in accounting, purchasing, legal, and

24  personnel shall not be included.

25         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

26  DATE.--

27         (a)  A special risk member who is moved or reassigned

28  to a nonspecial risk law enforcement, firefighting, or

29  correctional, or emergency medical care administrative support

30  position with the same agency, or who is subsequently employed

31  in such a position with any law enforcement, firefighting, or

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  correctional, or emergency medical care agency under the

 2  Florida Retirement System, shall earn credit for such service

 3  at the same percentage rate as that earned by a regular

 4  member.  Notwithstanding the provisions of subsection (4),

 5  service in such an administrative support position shall, for

 6  purposes of s. 121.091, apply toward satisfaction of the

 7  special risk normal retirement date, as defined in s.

 8  121.021(29)(c), provided that, while in such position, the

 9  member remains certified as a law enforcement officer,

10  firefighter, or correctional officer, emergency medical

11  technician, or paramedic; remains subject to reassignment at

12  any time to a position qualifying for special risk membership;

13  and completes an aggregate of 10 or more years of service as a

14  designated special risk member prior to retirement.

15         Section 3.  The Legislature finds that a proper and

16  legitimate state purpose is served when employees and retirees

17  of the state and of its political subdivisions, and the

18  dependents, survivors, and beneficiaries of such employees and

19  retirees, are extended the basic protections afforded by

20  governmental retirement systems that provide fair and adequate

21  benefits and that are managed, administered, and funded in an

22  actuarially sound manner, as required by s. 14 of Art. X of

23  the State Constitution and part VII of chapter 112 of the

24  Florida Statutes.  Therefore, the Legislature hereby

25  determines and declares that the provisions of this act

26  fulfill an important state interest.

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 1, line 3,

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1132, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  after Services; insert:

 2         amending s. 121.021, F.S.; redefining the term

 3         "special risk member"; amending s. 121.0515,

 4         F.S.; adding to the Special Risk Class of

 5         membership certain emergency medical

 6         technicians and paramedics; providing

 7         legislative intent;

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    File original & 9 copies    04/30/98
    hbd0001                     09:47 am         01132-0097-173747