HB 0215

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; providing a declaration of
8	important state interest; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Subsection (2) of section 121.0515, Florida
13	Statutes, is amended to read:
14	121.0515  Special risk membership.--
15	(2)  CRITERIA.--A member, to be designated as a special
16	risk member, must meet the following criteria:
17	(a)  The member must be employed as a law enforcement
18	officer and be certified, or required to be certified, in
19	compliance with s. 943.1395; however, sheriffs and elected
20	police chiefs shall be excluded from meeting the certification
21	requirements of this paragraph.  In addition, the member's
22	duties and responsibilities must include the pursuit,
23	apprehension, and arrest of law violators or suspected law
24	violators; or the member must be an active member of a bomb
25	disposal unit whose primary responsibility is the location,
26	handling, and disposal of explosive devices; or the member must
27	be the supervisor or command officer of a member or members who
28	have such responsibilities; provided, however, administrative
29	support personnel, including, but not limited to, those whose
30	primary duties and responsibilities are in accounting,
31	purchasing, legal, and personnel, shall not be included;
32	(b)  The member must be employed as a firefighter and be
33	certified, or required to be certified, in compliance with s.
34	633.35 and be employed solely within the fire department of a
35	local government employer or an agency of state government with
36	firefighting responsibilities. In addition, the member's duties
37	and responsibilities must include on-the-scene fighting of
38	fires, fire prevention, or firefighter training; direct
39	supervision of firefighting units, fire prevention, or
40	firefighter training; or aerial firefighting surveillance
41	performed by fixed-wing aircraft pilots employed by the Division
42	of Forestry of the Department of Agriculture and Consumer
43	Services; or the member must be the supervisor or command
44	officer of a member or members who have such responsibilities;
45	provided, however, administrative support personnel, including,
46	but not limited to, those whose primary duties and
47	responsibilities are in accounting, purchasing, legal, and
48	personnel, shall not be included and further provided that all
49	periods of creditable service in fire prevention or firefighter
50	training, or as the supervisor or command officer of a member or
51	members who have such responsibilities, and for which the
52	employer paid the special risk contribution rate, shall be
53	included;
54	(c)  The member must be employed as a correctional officer
55	and be certified, or required to be certified, in compliance
56	with s. 943.1395.  In addition, the member's primary duties and
57	responsibilities must be the custody, and physical restraint
58	when necessary, of prisoners or inmates within a prison, jail,
59	or other criminal detention facility, or while on work detail
60	outside the facility, or while being transported; or the member
61	must be the supervisor or command officer of a member or members
62	who have such responsibilities; provided, however,
63	administrative support personnel, including, but not limited to,
64	those whose primary duties and responsibilities are in
65	accounting, purchasing, legal, and personnel, shall not be
66	included; however, wardens and assistant wardens, as defined by
67	rule, shall participate in the Special Risk Class;
68	(d)  The member must be employed by a licensed Advance Life
69	Support (ALS) or Basic Life Support (BLS) employer as an
70	emergency medical technician or a paramedic and be certified in
71	compliance with s. 401.27.  In addition, the member's primary
72	duties and responsibilities must include on-the-scene emergency
73	medical care or direct supervision of emergency medical
74	technicians or paramedics, or the member must be the supervisor
75	or command officer of one or more members who have such
76	responsibility.  However, administrative support personnel,
77	including, but not limited to, those whose primary
78	responsibilities are in accounting, purchasing, legal, and
79	personnel, shall not be included;
80	(e)  The member must be employed as a community-based
81	correctional probation officer and be certified, or required to
82	be certified, in compliance with s. 943.1395.  In addition, the
83	member's primary duties and responsibilities must be the
84	supervised custody, surveillance, control, investigation, and
85	counseling of assigned inmates, probationers, parolees, or
86	community controllees within the community; or the member must
87	be the supervisor of a member or members who have such
88	responsibilities. Administrative support personnel, including,
89	but not limited to, those whose primary duties and
90	responsibilities are in accounting, purchasing, legal services,
91	and personnel management, shall not be included; however,
92	probation and parole circuit and deputy circuit administrators
93	shall participate in the Special Risk Class; or
94	(f)  The member must be employed in one of the following
95	classes and must spend at least 75 percent of his or her time
96	performing duties which involve contact with patients or inmates
97	in a correctional or forensic facility or institution:
98	1.  Dietitian (class codes 5203 and 5204);.
99	2.  Public health nutrition consultant (class code 5224);.
100	3.  Psychological specialist (class codes 5230 and 5231);.
101	4.  Psychologist (class code 5234);.
102	5.  Senior psychologist (class codes 5237 and 5238);.
103	6.  Regional mental health consultant (class code 5240);.
104	7.  Psychological Services Director--DCF (class code
105	5242);.
106	8.  Pharmacist (class codes 5245 and 5246);.
107	9.  Senior pharmacist (class codes 5248 and 5249);.
108	10.  Dentist (class code 5266);.
109	11.  Senior dentist (class code 5269);.
110	12.  Registered nurse (class codes 5290 and 5291);.
111	13.  Senior registered nurse (class codes 5292 and 5293);.
112	14.  Registered nurse specialist (class codes 5294 and
113	5295);.
114	15.  Clinical associate (class codes 5298 and 5299);.
115	16.  Advanced registered nurse practitioner (class codes
116	5297 and 5300);.
117	17.  Advanced registered nurse practitioner specialist
118	(class codes 5304 and 5305);.
119	18.  Registered nurse supervisor (class codes 5306 and
120	5307);.
121	19.  Senior registered nurse supervisor (class codes 5308
122	and 5309);.
123	20.  Registered nursing consultant (class codes 5312 and
124	5313);.
125	21.  Quality management program supervisor (class code
126	5314);.
127	22.  Executive nursing director (class codes 5320 and
128	5321);.
129	23.  Speech and hearing therapist (class code 5406); or
130	24.  Pharmacy manager (class code 5251);.
131	(g)  The member must be employed as a youth custody officer
132	and be certified, or required to be certified, in compliance
133	with s. 943.1395. In addition, the member's primary duties and
134	responsibilities must be the supervised custody, surveillance,
135	control, investigation, apprehension, arrest, and counseling of
136	assigned juveniles within the community; or.
137	(h)  The member must be employed by a law enforcement
138	agency or medical examiner's office in a forensic discipline
139	recognized by the International Association for Identification
140	and must qualify for active membership in the International
141	Association for Identification. The member's primary duties and
142	responsibilities must include the collection, examination,
143	preservation, documentation, preparation, or analysis of
144	physical evidence or testimony, or both, or the member must be
145	the direct supervisor, quality management supervisor, or command
146	officer of one or more individuals with such responsibility.
147	Administrative support personnel, including, but not limited to,
148	those whose primary responsibilities are clerical or in
149	accounting, purchasing, legal, and personnel, shall not be
150	included.
151	Section 2.  The Legislature finds that a proper and
152	legitimate state purpose is served when employees and retirees
153	of the state and its political subdivisions, and the dependents,
154	survivors, and beneficiaries of such employees and retirees, are
155	extended the basic protections afforded by governmental
156	retirement systems. These persons must be provided benefits that
157	are fair and adequate and that are managed, administered, and
158	funded in a sound actuarial manner, as required by Section 14,
159	Article X of the State Constitution and part VII of chapter 112,
160	Florida Statutes. Therefore, the Legislature hereby determines
161	and declares that this act fulfills an important state interest.
162	Section 3.  This act shall take effect October 1, 2005.

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