Senate Bill sb0060c1

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    Florida Senate - 2005                             CS for SB 60

    By the Committee on Ways and Means; and Senators Campbell and
    Fasano




    576-2362-05

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.0515, F.S.; providing

  4         membership in the Special Risk Class for

  5         certain employees of a law enforcement agency

  6         or medical examiner's office whose duties

  7         include collecting, examining, preserving,

  8         documenting, preparing, or analyzing physical

  9         evidence; providing a declaration of important

10         state interest; making an appropriation to the

11         Department of Law Enforcement; providing an

12         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

26  duties and responsibilities must include the pursuit,

27  apprehension, and arrest of law violators or suspected law

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

29  disposal unit whose primary responsibility is the location,

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

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

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    Florida Senate - 2005                             CS for SB 60
    576-2362-05




 1  members who have such responsibilities; provided, however,

 2  administrative support personnel, including, but not limited

 3  to, those whose primary duties and responsibilities are in

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

 5  included;

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

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

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

 9  a local government employer or an agency of state government

10  with firefighting responsibilities. In addition, the member's

11  duties and responsibilities must include on-the-scene fighting

12  of fires, fire prevention, or firefighter training; direct

13  supervision of firefighting units, fire prevention, or

14  firefighter training; or aerial firefighting surveillance

15  performed by fixed-wing aircraft pilots employed by the

16  Division of Forestry of the Department of Agriculture and

17  Consumer Services; or the member must be the supervisor or

18  command officer of a member or members who have such

19  responsibilities; provided, however, administrative support

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

21  duties and responsibilities are in accounting, purchasing,

22  legal, and personnel, shall not be included and further

23  provided that all periods of creditable service in fire

24  prevention or firefighter training, or as the supervisor or

25  command officer of a member or members who have such

26  responsibilities, and for which the employer paid the special

27  risk contribution rate, shall be included;

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

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

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

31  primary duties and responsibilities must be the custody, and

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    Florida Senate - 2005                             CS for SB 60
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 1  physical restraint when necessary, of prisoners or inmates

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

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

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

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

 6  provided, however, administrative support personnel,

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

 8  responsibilities are in accounting, purchasing, legal, and

 9  personnel, shall not be included; however, wardens and

10  assistant wardens, as defined by rule, shall participate in

11  the Special Risk Class;

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

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

14  emergency medical technician or a paramedic and be certified

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

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

17  emergency medical care or direct supervision of emergency

18  medical technicians or paramedics, or the member must be the

19  supervisor or command officer of one or more members who have

20  such responsibility.  However, administrative support

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

22  responsibilities are in accounting, purchasing, legal, and

23  personnel, shall not be included;

24         (e)  The member must be employed as a community-based

25  correctional probation officer and be certified, or required

26  to be certified, in compliance with s. 943.1395.  In addition,

27  the member's primary duties and responsibilities must be the

28  supervised custody, surveillance, control, investigation, and

29  counseling of assigned inmates, probationers, parolees, or

30  community controllees within the community; or the member must

31  be the supervisor of a member or members who have such

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    Florida Senate - 2005                             CS for SB 60
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 1  responsibilities. Administrative support personnel, including,

 2  but not limited to, those whose primary duties and

 3  responsibilities are in accounting, purchasing, legal

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

 5  however, probation and parole circuit and deputy circuit

 6  administrators shall participate in the Special Risk Class; or

 7         (f)  The member must be employed in one of the

 8  following classes and must spend at least 75 percent of his or

 9  her time performing duties which involve contact with patients

10  or inmates in a correctional or forensic facility or

11  institution:

12         1.  Dietitian (class codes 5203 and 5204);.

13         2.  Public health nutrition consultant (class code

14  5224);.

15         3.  Psychological specialist (class codes 5230 and

16  5231);.

17         4.  Psychologist (class code 5234);.

18         5.  Senior psychologist (class codes 5237 and 5238);.

19         6.  Regional mental health consultant (class code

20  5240);.

21         7.  Psychological Services Director--DCF (class code

22  5242);.

23         8.  Pharmacist (class codes 5245 and 5246);.

24         9.  Senior pharmacist (class codes 5248 and 5249);.

25         10.  Dentist (class code 5266);.

26         11.  Senior dentist (class code 5269);.

27         12.  Registered nurse (class codes 5290 and 5291);.

28         13.  Senior registered nurse (class codes 5292 and

29  5293);.

30         14.  Registered nurse specialist (class codes 5294 and

31  5295);.

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    Florida Senate - 2005                             CS for SB 60
    576-2362-05




 1         15.  Clinical associate (class codes 5298 and 5299);.

 2         16.  Advanced registered nurse practitioner (class

 3  codes 5297 and 5300);.

 4         17.  Advanced registered nurse practitioner specialist

 5  (class codes 5304 and 5305);.

 6         18.  Registered nurse supervisor (class codes 5306 and

 7  5307);.

 8         19.  Senior registered nurse supervisor (class codes

 9  5308 and 5309);.

10         20.  Registered nursing consultant (class codes 5312

11  and 5313);.

12         21.  Quality management program supervisor (class code

13  5314);.

14         22.  Executive nursing director (class codes 5320 and

15  5321);.

16         23.  Speech and hearing therapist (class code 5406); or

17         24.  Pharmacy manager (class code 5251);.

18         (g)  The member must be employed as a youth custody

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

20  compliance with s. 943.1395. In addition, the member's primary

21  duties and responsibilities must be the supervised custody,

22  surveillance, control, investigation, apprehension, arrest,

23  and counseling of assigned juveniles within the community; or.

24         (h)  The member must be employed by a law enforcement

25  agency or medical examiner's office in a forensic discipline

26  recognized by the International Association for Identification

27  and must qualify for active membership in the International

28  Association for Identification. The member's primary duties

29  and responsibilities must include the collection, examination,

30  preservation, documentation, preparation, or analysis of

31  physical evidence or testimony, or both, or the member must be

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    Florida Senate - 2005                             CS for SB 60
    576-2362-05




 1  the direct supervisor, quality management supervisor, or

 2  command officer of one or more individuals with such

 3  responsibility. Administrative support personnel, including,

 4  but not limited to, those whose primary responsibilities are

 5  clerical or in accounting, purchasing, legal, and personnel,

 6  shall not be included.

 7         Section 2.  The Legislature finds that a proper and

 8  legitimate state purpose is served when employees and retirees

 9  of the state and its political subdivisions, and the

10  dependents, survivors, and beneficiaries of such employees and

11  retirees, are extended the basic protections afforded by

12  governmental retirement systems. These persons must be

13  provided benefits that are fair and adequate and that are

14  managed, administered, and funded in a sound actuarial manner,

15  as required by Section 14, Article X of the State Constitution

16  and part VII of chapter 112, Florida Statutes. Therefore, the

17  Legislature hereby determines and declares that this act

18  fulfills an important state interest.

19         Section 3.  There is appropriated $1,400,000 from the

20  General Revenue Fund on a recurring basis to the Department of

21  Law Enforcement to fund the department's costs associated with

22  the retirement benefits granted by this act, effective October

23  1, 2005.

24         Section 4.  This act shall take effect October 1, 2005.

25  

26          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
27                          Senate Bill 60

28                                 

29  The committee substitute provides an appropriation to the
    Department of Law Enforcement to fund the costs of the
30  Department imposed by the bill.

31  

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