HB 1907

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.0515, F.S.; providing membership in the Special
4	Risk Class for certain employees of a law enforcement
5	agency or medical examiner's office whose duties include
6	collecting, examining, preserving, documenting, preparing,
7	or analyzing physical evidence or testimony, or both;
8	providing membership in the Special Risk Class for certain
9	supervisors and command officers of such employees;
10	providing an exception for certain administrative support
11	personnel; providing a declaration of important state
12	interest; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (2) of section 121.0515, Florida
17	Statutes, is amended to read:
18	121.0515  Special risk membership.--
19	(2)  CRITERIA.--A member, to be designated as a special
20	risk member, must meet the following criteria:
21	(a)  The member must be employed as a law enforcement
22	officer and be certified, or required to be certified, in
23	compliance with s. 943.1395; however, sheriffs and elected
24	police chiefs shall be excluded from meeting the certification
25	requirements of this paragraph. In addition, the member's duties
26	and responsibilities must include the pursuit, apprehension, and
27	arrest of law violators or suspected law violators; or the
28	member must be an active member of a bomb disposal unit whose
29	primary responsibility is the location, handling, and disposal
30	of explosive devices; or the member must be the supervisor or
31	command officer of a member or members who have such
32	responsibilities; provided, however, administrative support
33	personnel, including, but not limited to, those whose primary
34	duties and responsibilities are in accounting, purchasing,
35	legal, and personnel, shall not be included;
36	(b)  The member must be employed as a firefighter and be
37	certified, or required to be certified, in compliance with s.
38	633.35 and be employed solely within the fire department of a
39	local government employer or an agency of state government with
40	firefighting responsibilities. In addition, the member's duties
41	and responsibilities must include on-the-scene fighting of
42	fires, fire prevention, or firefighter training; direct
43	supervision of firefighting units, fire prevention, or
44	firefighter training; or aerial firefighting surveillance
45	performed by fixed-wing aircraft pilots employed by the Division
46	of Forestry of the Department of Agriculture and Consumer
47	Services; or the member must be the supervisor or command
48	officer of a member or members who have such responsibilities;
49	provided, however, administrative support personnel, including,
50	but not limited to, those whose primary duties and
51	responsibilities are in accounting, purchasing, legal, and
52	personnel, shall not be included and further provided that all
53	periods of creditable service in fire prevention or firefighter
54	training, or as the supervisor or command officer of a member or
55	members who have such responsibilities, and for which the
56	employer paid the special risk contribution rate, shall be
57	included;
58	(c)  The member must be employed as a correctional officer
59	and be certified, or required to be certified, in compliance
60	with s. 943.1395. In addition, the member's primary duties and
61	responsibilities must be the custody, and physical restraint
62	when necessary, of prisoners or inmates within a prison, jail,
63	or other criminal detention facility, or while on work detail
64	outside the facility, or while being transported; or the member
65	must be the supervisor or command officer of a member or members
66	who have such responsibilities; provided, however,
67	administrative support personnel, including, but not limited to,
68	those whose primary duties and responsibilities are in
69	accounting, purchasing, legal, and personnel, shall not be
70	included; however, wardens and assistant wardens, as defined by
71	rule, shall participate in the Special Risk Class;
72	(d)  The member must be employed by a licensed Advance Life
73	Support (ALS) or Basic Life Support (BLS) employer as an
74	emergency medical technician or a paramedic and be certified in
75	compliance with s. 401.27. In addition, the member's primary
76	duties and responsibilities must include on-the-scene emergency
77	medical care or direct supervision of emergency medical
78	technicians or paramedics, or the member must be the supervisor
79	or command officer of one or more members who have such
80	responsibility. However, administrative support personnel,
81	including, but not limited to, those whose primary
82	responsibilities are in accounting, purchasing, legal, and
83	personnel, shall not be included;
84	(e)  The member must be employed as a community-based
85	correctional probation officer and be certified, or required to
86	be certified, in compliance with s. 943.1395. In addition, the
87	member's primary duties and responsibilities must be the
88	supervised custody, surveillance, control, investigation, and
89	counseling of assigned inmates, probationers, parolees, or
90	community controllees within the community; or the member must
91	be the supervisor of a member or members who have such
92	responsibilities. Administrative support personnel, including,
93	but not limited to, those whose primary duties and
94	responsibilities are in accounting, purchasing, legal services,
95	and personnel management, shall not be included; however,
96	probation and parole circuit and deputy circuit administrators
97	shall participate in the Special Risk Class; or
98	(f)  The member must be employed in one of the following
99	classes and must spend at least 75 percent of his or her time
100	performing duties which involve contact with patients or inmates
101	in a correctional or forensic facility or institution:
102	1.  Dietitian (class codes 5203 and 5204);.
103	2.  Public health nutrition consultant (class code 5224);.
104	3.  Psychological specialist (class codes 5230 and 5231);.
105	4.  Psychologist (class code 5234);.
106	5.  Senior psychologist (class codes 5237 and 5238);.
107	6.  Regional mental health consultant (class code 5240);.
108	7.  Psychological Services Director--DCF (class code
109	5242);.
110	8.  Pharmacist (class codes 5245 and 5246);.
111	9.  Senior pharmacist (class codes 5248 and 5249);.
112	10.  Dentist (class code 5266);.
113	11.  Senior dentist (class code 5269);.
114	12.  Registered nurse (class codes 5290 and 5291);.
115	13.  Senior registered nurse (class codes 5292 and 5293);.
116	14.  Registered nurse specialist (class codes 5294 and
117	5295);.
118	15.  Clinical associate (class codes 5298 and 5299);.
119	16.  Advanced registered nurse practitioner (class codes
120	5297 and 5300);.
121	17.  Advanced registered nurse practitioner specialist
122	(class codes 5304 and 5305);.
123	18.  Registered nurse supervisor (class codes 5306 and
124	5307);.
125	19.  Senior registered nurse supervisor (class codes 5308
126	and 5309);.
127	20.  Registered nursing consultant (class codes 5312 and
128	5313);.
129	21.  Quality management program supervisor (class code
130	5314);.
131	22.  Executive nursing director (class codes 5320 and
132	5321);.
133	23.  Speech and hearing therapist (class code 5406); or
134	24.  Pharmacy manager (class code 5251);.
135	(g)  The member must be employed as a youth custody officer
136	and be certified, or required to be certified, in compliance
137	with s. 943.1395. In addition, the member's primary duties and
138	responsibilities must be the supervised custody, surveillance,
139	control, investigation, apprehension, arrest, and counseling of
140	assigned juveniles within the community; or.
141	(h)  The member must be employed by a law enforcement
142	agency or a medical examiner's office in a forensic discipline
143	recognized by the International Association for Identification
144	and must qualify for active membership in the International
145	Association for Identification. The member's primary duties and
146	responsibilities must include the collection, examination,
147	preservation, documentation, preparation, or analysis of
148	physical evidence or testimony, or both, or the member must be
149	the direct supervisor, quality management supervisor, or command
150	officer of one or more individuals with such responsibilities.
151	Administrative support personnel, including, but not limited to,
152	those whose primary responsibilities are clerical or in
153	accounting, purchasing, legal, and personnel, shall not be
154	included.
155	Section 2.  The Legislature finds that a proper and
156	legitimate state purpose is served when employees and retirees
157	of the state and its political subdivisions, and the dependents,
158	survivors, and beneficiaries of such employees and retirees, are
159	extended the basic protections afforded by governmental
160	retirement systems. These persons must be provided benefits that
161	are fair and adequate and that are managed, administered, and
162	funded in a sound actuarial manner, as required by s. 14, Art. X
163	of the State Constitution and part VII of chapter 112, Florida
164	Statutes. Therefore, the Legislature hereby determines and
165	declares that this act fulfills an important state interest.
166	Section 3.  This act shall take effect October 1, 2004.

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