HB 0897

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Florida Retirement System; amending
7	ss. 121.021 and 121.0515, F.S.; providing membership in
8	the Special Risk Class for persons employed as pilots or
9	aerial applicators authorized to provide mosquito control
10	services; providing a definition; providing a declaration
11	of important state interest; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (f) is added to subsection (15) of
16	section 121.021, Florida Statutes, to read:
17	121.021  Definitions.--The following words and phrases as
18	used in this chapter have the respective meanings set forth
19	unless a different meaning is plainly required by the context:
20	(15)
21	(f)  Effective October 1, 2006, the term "special risk
22	member" includes any member who is employed as a pilot or an
23	aerial applicator by a municipality, county, special district,
24	or state agency that is authorized to provide mosquito control
25	services under chapter 388 or by special act and who meets the
26	criteria set forth in s. 121.0515(2)(i).
27	Section 2.  Subsection (2) of section 121.0515, Florida
28	Statutes, is amended to read:
29	121.0515  Special risk membership.--
30	(2)  CRITERIA.--A member, to be designated as a special
31	risk member, must meet the following criteria:
32	(a)  The member must be employed as a law enforcement
33	officer and be certified, or required to be certified, in
34	compliance with s. 943.1395; however, sheriffs and elected
35	police chiefs shall be excluded from meeting the certification
36	requirements of this paragraph. In addition, the member's duties
37	and responsibilities must include the pursuit, apprehension, and
38	arrest of law violators or suspected law violators; or the
39	member must be an active member of a bomb disposal unit whose
40	primary responsibility is the location, handling, and disposal
41	of explosive devices; or the member must be the supervisor or
42	command officer of a member or members who have such
43	responsibilities; provided, however, administrative support
44	personnel, including, but not limited to, those whose primary
45	duties and responsibilities are in accounting, purchasing,
46	legal, and personnel, shall not be included;
47	(b)  The member must be employed as a firefighter and be
48	certified, or required to be certified, in compliance with s.
49	633.35 and be employed solely within the fire department of a
50	local government employer or an agency of state government with
51	firefighting responsibilities. In addition, the member's duties
52	and responsibilities must include on-the-scene fighting of
53	fires, fire prevention, or firefighter training; direct
54	supervision of firefighting units, fire prevention, or
55	firefighter training; or aerial firefighting surveillance
56	performed by fixed-wing aircraft pilots employed by the Division
57	of Forestry of the Department of Agriculture and Consumer
58	Services; or the member must be the supervisor or command
59	officer of a member or members who have such responsibilities;
60	provided, however, administrative support personnel, including,
61	but not limited to, those whose primary duties and
62	responsibilities are in accounting, purchasing, legal, and
63	personnel, shall not be included and further provided that all
64	periods of creditable service in fire prevention or firefighter
65	training, or as the supervisor or command officer of a member or
66	members who have such responsibilities, and for which the
67	employer paid the special risk contribution rate, shall be
68	included;
69	(c)  The member must be employed as a correctional officer
70	and be certified, or required to be certified, in compliance
71	with s. 943.1395. In addition, the member's primary duties and
72	responsibilities must be the custody, and physical restraint
73	when necessary, of prisoners or inmates within a prison, jail,
74	or other criminal detention facility, or while on work detail
75	outside the facility, or while being transported; or the member
76	must be the supervisor or command officer of a member or members
77	who have such responsibilities; provided, however,
78	administrative support personnel, including, but not limited to,
79	those whose primary duties and responsibilities are in
80	accounting, purchasing, legal, and personnel, shall not be
81	included; however, wardens and assistant wardens, as defined by
82	rule, shall participate in the Special Risk Class;
83	(d)  The member must be employed by a licensed Advance Life
84	Support (ALS) or Basic Life Support (BLS) employer as an
85	emergency medical technician or a paramedic and be certified in
86	compliance with s. 401.27. In addition, the member's primary
87	duties and responsibilities must include on-the-scene emergency
88	medical care or direct supervision of emergency medical
89	technicians or paramedics, or the member must be the supervisor
90	or command officer of one or more members who have such
91	responsibility. However, administrative support personnel,
92	including, but not limited to, those whose primary
93	responsibilities are in accounting, purchasing, legal, and
94	personnel, shall not be included;
95	(e)  The member must be employed as a community-based
96	correctional probation officer and be certified, or required to
97	be certified, in compliance with s. 943.1395. In addition, the
98	member's primary duties and responsibilities must be the
99	supervised custody, surveillance, control, investigation, and
100	counseling of assigned inmates, probationers, parolees, or
101	community controllees within the community; or the member must
102	be the supervisor of a member or members who have such
103	responsibilities. Administrative support personnel, including,
104	but not limited to, those whose primary duties and
105	responsibilities are in accounting, purchasing, legal services,
106	and personnel management, shall not be included; however,
107	probation and parole circuit and deputy circuit administrators
108	shall participate in the Special Risk Class;
109	(f)  The member must be employed in one of the following
110	classes and must spend at least 75 percent of his or her time
111	performing duties which involve contact with patients or inmates
112	in a correctional or forensic facility or institution:
113	1.  Dietitian (class codes 5203 and 5204);
114	2.  Public health nutrition consultant (class code 5224);
115	3.  Psychological specialist (class codes 5230 and 5231);
116	4.  Psychologist (class code 5234);
117	5.  Senior psychologist (class codes 5237 and 5238);
118	6.  Regional mental health consultant (class code 5240);
119	7.  Psychological Services Director--DCF (class code 5242);
120	8.  Pharmacist (class codes 5245 and 5246);
121	9.  Senior pharmacist (class codes 5248 and 5249);
122	10.  Dentist (class code 5266);
123	11.  Senior dentist (class code 5269);
124	12.  Registered nurse (class codes 5290 and 5291);
125	13.  Senior registered nurse (class codes 5292 and 5293);
126	14.  Registered nurse specialist (class codes 5294 and
127	5295);
128	15.  Clinical associate (class codes 5298 and 5299);
129	16.  Advanced registered nurse practitioner (class codes
130	5297 and 5300);
131	17.  Advanced registered nurse practitioner specialist
132	(class codes 5304 and 5305);
133	18.  Registered nurse supervisor (class codes 5306 and
134	5307);
135	19.  Senior registered nurse supervisor (class codes 5308
136	and 5309);
137	20.  Registered nursing consultant (class codes 5312 and
138	5313);
139	21.  Quality management program supervisor (class code
140	5314);
141	22.  Executive nursing director (class codes 5320 and
142	5321);
143	23.  Speech and hearing therapist (class code 5406); or
144	24.  Pharmacy manager (class code 5251);
145	(g)  The member must be employed as a youth custody officer
146	and be certified, or required to be certified, in compliance
147	with s. 943.1395. In addition, the member's primary duties and
148	responsibilities must be the supervised custody, surveillance,
149	control, investigation, apprehension, arrest, and counseling of
150	assigned juveniles within the community; or
151	(h)  The member must be employed by a law enforcement
152	agency or medical examiner's office in a forensic discipline
153	recognized by the International Association for Identification
154	and must qualify for active membership in the International
155	Association for Identification. The member's primary duties and
156	responsibilities must include the collection, examination,
157	preservation, documentation, preparation, or analysis of
158	physical evidence or testimony, or both, or the member must be
159	the direct supervisor, quality management supervisor, or command
160	officer of one or more individuals with such responsibility.
161	Administrative support personnel, including, but not limited to,
162	those whose primary responsibilities are clerical or in
163	accounting, purchasing, legal, and personnel, shall not be
164	included; or.
165	(i)  The member must be employed as a pilot or an aerial
166	applicator by a municipality, county, special district, or state
167	agency that is authorized to provide mosquito control services
168	under chapter 388 or by special act, must be licensed as a pilot
169	by the Federal Aviation Administration, and must satisfy any
170	licensure or certification requirements established by the
171	Department of Agriculture and Consumer Services pursuant to s.
172	388.361(4). In addition, the member's primary duties and
173	responsibilities must include piloting or copiloting, often at
174	low altitudes, a rotary-wing or fixed-wing aircraft for chemical
175	application of pesticides for controlling mosquitoes or other
176	arthropods.
177	Section 3.  The Legislature finds that a proper and
178	legitimate state purpose is served when employees and retirees
179	of the state and its political subdivisions, and the dependents,
180	survivors, and beneficiaries of such employees and retirees, are
181	extended the basic protections afforded by governmental
182	retirement systems. These persons must be provided benefits that
183	are fair and adequate and that are managed, administered, and
184	funded in a sound actuarial manner, as required by Section 14,
185	Article X of the State Constitution and part VII of chapter 112,
186	Florida Statutes. Therefore, the Legislature hereby determines
187	and declares that this act fulfills an important state interest.
188	Section 4.  This act shall take effect October 1, 2006.

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