Senate Bill 1054

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    Florida Senate - 2000                                  SB 1054

    By Senators Latvala, Silver, Forman and Mitchell





    19-633C-00

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.021, F.S.; including

  4         certain correctional probation officers within

  5         the Special Risk Class of that system; amending

  6         s. 121.0515, F.S.; specifying criteria for

  7         inclusion of correctional probation officers in

  8         that class; providing for inclusion of

  9         probation and parole circuit and deputy circuit

10         administrators in that class; providing a

11         finding of important state interest; amending

12         s. 121.055, F.S.; adding assistant state

13         attorneys, assistant statewide prosecutors,

14         assistant public defenders and legislative

15         assistants to the Senior Management Service

16         Class of the Florida Retirement System;

17         providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Paragraph (c) of subsection (15) of section

22  121.021, Florida Statutes, is amended to read:

23         121.021  Definitions.--The following words and phrases

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

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

26         (15)

27         (c)  Effective October 1, 1999, "special risk member"

28  means a member of the Florida Retirement System who is

29  designated as a special risk member by the division in

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

31  a law enforcement officer, a firefighter, a correctional

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    Florida Senate - 2000                                  SB 1054
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  1  officer, an emergency medical technician, or a paramedic and

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

  3  121.0515. Effective January 1, 2001, the term "special risk

  4  member" also includes any member who is employed as a

  5  correctional probation officer and meets the special criteria

  6  set forth in s. 121.0515(2)(e).

  7         Section 2.  Subsection (2) of section 121.0515, Florida

  8  Statutes, is amended to read:

  9         121.0515  Special risk membership; criteria;

10  designation and removal of classification; credits for past

11  service and prior service; retention of special risk normal

12  retirement date.--

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

14  risk member, must meet the following criteria:

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

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

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

18  police chiefs shall be excluded from meeting the certification

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

20  duties and responsibilities must include the pursuit,

21  apprehension, and arrest of law violators or suspected law

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

23  disposal unit whose primary responsibility is the location,

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

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

26  members who have such responsibilities; provided, however,

27  administrative support personnel, including, but not limited

28  to, those whose primary duties and responsibilities are in

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

30  included;

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

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

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

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

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

  6  fighting of fires or direct supervision of firefighting units,

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

  8  member or members who have such responsibilities; provided,

  9  however, administrative support personnel, including, but not

10  limited to, those whose primary duties and responsibilities

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

12  be included;

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

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

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

16  primary duties and responsibilities must be the custody, and

17  physical restraint when necessary, of prisoners or inmates

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

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

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

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

22  provided, however, administrative support personnel,

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

24  responsibilities are in accounting, purchasing, legal, and

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

26  assistant superintendents shall participate in the Special

27  Risk Class; or

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

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

30  emergency medical technician or a paramedic and be certified

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

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

  2  emergency medical care.  However, administrative support

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

  4  responsibilities are in accounting, purchasing, legal, and

  5  personnel, shall not be included; or.

  6         (e)  The member must be employed as a correctional

  7  probation officer and be certified, or required to be

  8  certified, in compliance with s. 943.1395.  In addition, the

  9  member's primary duties and responsibilities must be the

10  supervised custody, surveillance, control, investigation, and

11  counseling of assigned inmates, probationers, parolees, or

12  community controllees within institutions of the community; or

13  the member must be the supervisor of a member or members who

14  have such responsibilities. Administrative support personnel,

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

16  responsibilities are in accounting, purchasing, legal

17  services, and personnel management, shall not be included;

18  however, probation and parole circuit and deputy circuit

19  administrators shall participate in the Special Risk Class.

20         Section 3.  The Legislature finds that a proper and

21  legitimate state purpose is served when employees and retirees

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

23  dependents, survivors, and beneficiaries of such employees and

24  retirees, are extended the basic protections afforded by

25  governmental retirement systems that provide fair and adequate

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

27  actuarially sound manner, as required by Section 14 of Article

28  X of the State Constitution and part VII of chapter 112,

29  Florida Statutes. Therefore, the Legislature determines and

30  declares that the provisions of this act fulfill an important

31  state interest.

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  1         Section 4.  Paragraphs (c) and (h) of subsection (1) of

  2  section 121.055, Florida Statutes, are amended to read:

  3         121.055  Senior Management Service Class.--There is

  4  hereby established a separate class of membership within the

  5  Florida Retirement System to be known as the "Senior

  6  Management Service Class," which shall become effective

  7  February 1, 1987.

  8         (1)

  9         (c)1.  Effective January 1, 1990, Participation in the

10  Senior Management Service Class shall be compulsory:

11         a.  Effective January 1, 1990, for up to 75 nonelective

12  positions at the level of committee staff director or higher

13  or equivalent managerial or policymaking positions within the

14  House of Representatives, as selected by the Speaker of the

15  House of Representatives, up to 50 nonelective positions at

16  the level of committee staff director or higher or equivalent

17  managerial or policymaking positions within the Senate, as

18  selected by the President of the Senate, all staff directors

19  of joint committees and service offices of the Legislature,

20  the Auditor General and up to 9 managerial or policymaking

21  positions within his or her office as selected by the Auditor

22  General, and the executive director of the Commission on

23  Ethics.

24         b.  For all legislative assistants, effective July 1,

25  2000.

26         2.  Participation in this class shall be compulsory,

27  except as provided in subparagraph 3., for any legislative

28  employee who holds a position designated for coverage in the

29  Senior Management Service Class, and such participation shall

30  continue until the employee terminates employment in a covered

31  position.

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  1         3.  In lieu of participation in the Senior Management

  2  Service Class, at the discretion of the President of the

  3  Senate and the Speaker of the House of Representatives, such

  4  members may participate in the Senior Management Service

  5  Optional Annuity Program as established in subsection (6).

  6         (h)1.  Except as provided in subparagraph 3., effective

  7  January 1, 1994, participation in the Senior Management

  8  Service Class shall be compulsory for the State Courts

  9  Administrator and the Deputy State Courts Administrators, the

10  Clerk of the Supreme Court, the Marshal of the Supreme Court,

11  the Executive Director of the Justice Administrative

12  Commission, the Capital Collateral Representative, the clerks

13  of the district courts of appeals, the marshals of the

14  district courts of appeals, and the trial court administrator

15  in each judicial circuit. Effective January 1, 1994,

16  additional positions in the offices of the state attorney and

17  public defender in each judicial circuit may be designated for

18  inclusion in the Senior Management Service Class of the

19  Florida Retirement System, provided that:

20         a.  Positions to be included in the class shall be

21  designated by the state attorney or public defender, as

22  appropriate.  Notice of intent to designate positions for

23  inclusion in the class shall be published once a week for 2

24  consecutive weeks in a newspaper of general circulation

25  published in the county or counties affected, as provided in

26  chapter 50.

27         b.  One nonelective full-time position may be

28  designated for each state attorney and public defender

29  reporting to the Department of Management Services; for

30  agencies with 200 or more regularly established positions

31  under the state attorney or public defender, additional

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  1  nonelective full-time positions may be designated, not to

  2  exceed 0.5 percent of the regularly established positions

  3  within the agency.

  4         c.  Each position added to the class must be a

  5  managerial or policymaking position filled by an employee who

  6  serves at the pleasure of the state attorney or public

  7  defender without civil service protection, and who:

  8         (I)  Heads an organizational unit; or

  9         (II)  Has responsibility to effect or recommend

10  personnel, budget, expenditure, or policy decisions in his or

11  her areas of responsibility.

12         2.  Participation in this class shall be compulsory,

13  except as provided in subparagraph 3., for any judicial

14  employee who holds a position designated for coverage in the

15  Senior Management Service Class, and such participation shall

16  continue until the employee terminates employment in a covered

17  position. Effective January 1, 2001, participation in this

18  class is compulsory for assistant state attorneys, assistant

19  statewide prosecutors, and assistant public defenders.

20         3.  In lieu of participation in the Senior Management

21  Service Class, such members may participate in the Senior

22  Management Service Optional Annuity Program as established in

23  subsection (6).

24         Section 5.  This act shall take effect January 1, 2001.

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  2                          SENATE SUMMARY

  3    Includes correctional probation officers in the Special
      Risk Class of the Florida Retirement System provided that
  4    they meet prescribed criteria, and includes probation and
      parole regional administrators in the Special Risk Class.
  5    Provides a finding of important state interest. Includes
      assistant state attorneys, assistant statewide
  6    prosecutors, assistant public defenders, and legislative
      assistants in the Senior Management Service Class of the
  7    Florida Retirement System.

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