HB 0901

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

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