Senate Bill sb1684

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1684

    By Senator Lawson





    6-1773A-07                                          See HB 655

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021 and 121.0515,

  4         F.S.; providing membership in the Special Risk

  5         Class for persons employed by the Department of

  6         Corrections, the Department of Children and

  7         Family Services, the Agency for Persons with

  8         Disabilities, or the Department of Agriculture

  9         and Consumer Services and who meet certain

10         criteria; providing a declaration of important

11         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)

16  of section 121.021, Florida Statutes, to read:

17         121.021  Definitions.--The following words and phrases

18  as 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, 2007, the term "special risk

22  member" includes any member who is employed by the Department

23  of Corrections, the Department of Children and Family

24  Services, the Agency for Persons with Disabilities, or the

25  Department of Agriculture and Consumer Services and meets the

26  special 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:

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1         (a)  The member must be employed as a law enforcement

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

 3  compliance with s. 943.1395; however, sheriffs and elected

 4  police chiefs shall be excluded from meeting the certification

 5  requirements of this paragraph. In addition, the member's

 6  duties and responsibilities must include the pursuit,

 7  apprehension, and arrest of law violators or suspected law

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

 9  disposal unit whose primary responsibility is the location,

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

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

12  members who have such responsibilities; provided, however,

13  administrative support personnel, including, but not limited

14  to, those whose primary duties and responsibilities are in

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

16  included;

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

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

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

20  a local government employer or an agency of state government

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

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

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

24  supervision of firefighting units, fire prevention, or

25  firefighter training; or aerial firefighting surveillance

26  performed by fixed-wing aircraft pilots employed by the

27  Division of Forestry of the Department of Agriculture and

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

29  command officer of a member or members who have such

30  responsibilities; provided, however, administrative support

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

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1  duties and responsibilities are in accounting, purchasing,

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

 3  provided that all periods of creditable service in fire

 4  prevention or firefighter training, or as the supervisor or

 5  command officer of a member or members who have such

 6  responsibilities, and for which the employer paid the special

 7  risk contribution rate, shall be included;

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

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

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

11  duties and responsibilities must be the custody, and physical

12  restraint when necessary, of prisoners or inmates within a

13  prison, jail, or other criminal detention facility, or while

14  on work detail outside the facility, or while being

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

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

17  provided, however, administrative support personnel,

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

19  responsibilities are in accounting, purchasing, legal, and

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

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

22  the Special Risk Class;

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

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

25  emergency medical technician or a paramedic and be certified

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

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

28  emergency medical care or direct supervision of emergency

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

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

31  such responsibility. However, administrative support

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






    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




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

 2  responsibilities are in accounting, purchasing, legal, and

 3  personnel, shall not be included;

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

 5  correctional probation officer and be certified, or required

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

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

 8  supervised custody, surveillance, control, investigation, and

 9  counseling of assigned inmates, probationers, parolees, or

10  community controllees within the community; or the member must

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

12  responsibilities. Administrative support personnel, including,

13  but not limited to, those whose primary duties and

14  responsibilities are in accounting, purchasing, legal

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

16  however, probation and parole circuit and deputy circuit

17  administrators shall participate in the Special Risk Class;

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

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

20  her time performing duties which involve contact with patients

21  or inmates in a correctional or forensic facility or

22  institution:

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

24         2.  Public health nutrition consultant (class code

25  5224);

26         3.  Psychological specialist (class codes 5230 and

27  5231);

28         4.  Psychologist (class code 5234);

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

30         6.  Regional mental health consultant (class code

31  5240);

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




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

 2  5242);

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

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

 5         10.  Dentist (class code 5266);

 6         11.  Senior dentist (class code 5269);

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

 8         13.  Senior registered nurse (class codes 5292 and

 9  5293);

10         14.  Registered nurse specialist (class codes 5294 and

11  5295);

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

13         16.  Advanced registered nurse practitioner (class

14  codes 5297 and 5300);

15         17.  Advanced registered nurse practitioner specialist

16  (class codes 5304 and 5305);

17         18.  Registered nurse supervisor (class codes 5306 and

18  5307);

19         19.  Senior registered nurse supervisor (class codes

20  5308 and 5309);

21         20.  Registered nursing consultant (class codes 5312

22  and 5313);

23         21.  Quality management program supervisor (class code

24  5314);

25         22.  Executive nursing director (class codes 5320 and

26  5321);

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

28         24.  Pharmacy manager (class code 5251);

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

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

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

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1  duties and responsibilities must be the supervised custody,

 2  surveillance, control, investigation, apprehension, arrest,

 3  and counseling of assigned juveniles within the community; or

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

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

 6  recognized by the International Association for Identification

 7  and must qualify for active membership in the International

 8  Association for Identification. The member's primary duties

 9  and responsibilities must include the collection, examination,

10  preservation, documentation, preparation, or analysis of

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

12  the direct supervisor, quality management supervisor, or

13  command officer of one or more individuals with such

14  responsibility. Administrative support personnel, including,

15  but not limited to, those whose primary responsibilities are

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

17  shall not be included; or

18         (i)  The member must be employed in one of the

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

20  her time performing duties that involve contact with patients

21  or inmates in a correctional or forensic facility or

22  institution:

23         1.  Automotive equipment superintendent-SES (class code

24  6542)

25         2.  Behavioral program associate (class code 5750);

26         3.  Behavioral program associate-F/C (class code 5762);

27         4.  Behavioral program specialist (class code 5751);

28         5.  Behavioral program specialist-F/C (class code

29  5763);

30         6.  Behavioral program supervisor-F/C SES (class code

31  5764);

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1         7.  Carpenter F/C (class code 6433);

 2         8.  Certified radiologic technologist radiographer

 3  I-F/C (class code 5524);

 4         9.  Certified radiologic technologist radiographer

 5  II-F/C (class code 5528);

 6         10.  Classroom teacher II-F/C (class code 4147);

 7         11.  Construction projects consultant I (class code

 8  4691);

 9         12.  Construction projects consultant II (class code

10  4692);

11         13.  Correctional medical technician certified-ALS/BLS

12  (class code 5589);

13         14.  Dental Assistant-F/C (class code 5633);

14         15.  Electrician-F/C (class code 6445);

15         16.  Electronic technician II-F/C (class code 7236);

16         17.  Health support aide-F/C (class code 5504);

17         18.  Health support technician-F/C (class code 5519);

18         19.  Human services counselor II-F/C (class code 5937);

19         20.  Human services counselor III-F/C (class code

20  5941);

21         21.  Human services worker I (class code 5706);

22         22.  Human services worker I-forensic (class code

23  5781);

24         23.  Human services worker II (class code 5709);

25         24.  Human services worker II-F/C (class code 5784);

26         25.  Inmate work crew leader (class code 6392);

27         26.  Institutional counselor-F/C (class code 5932);

28         27.  Licensed practical nurse (class code 5599);

29         28.  Maintenance and construction superintendent-DC SES

30  (class code 6386);

31  

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1         29.  Maintenance and construction superintendent-SES

 2  (class code 6387);

 3         30.  Maintenance mechanic-F/C (class code 6469);

 4         31.  Maintenance support technician-F/C (class code

 5  6377);

 6         32.  Medical technologist I-F/C (class code 5601);

 7         33.  Medical technologist II-F/C (class code 5604);

 8         34.  Pharmacy technician (class code 5501);

 9         35.  Refrigeration mechanic-F/C (class code 6452);

10         36.  Rehabilitation therapist (class code 5562);

11         37.  Rehabilitation therapist-F/C (class code 5563);

12         38.  Rehabilitation therapist-F/C SES (class code

13  5565);

14         39.  Respiratory care specialist II-F/C (class code

15  5582);

16         40.  Senior licensed practical nurse-F/C (class code

17  5597);

18         41.  Social services counselor-F/C (class code 5960);

19         42.  Special education teacher (class code 9095);

20         43.  Supervising construction project administrator

21  (class code 4693);

22         44.  Support service aide-F/C (class code 6202);

23         45.  Teacher aide-F/C (class code 4133);

24         46.  Unit treatment and rehab specialist (class code

25  5776);

26         47.  Unit treatment and rehab specialist-F/C (class

27  code 5791);

28         48.  Unit treatment and rehabilitation supervisor I-F/C

29  SES;

30         49.  Unit treatment and rehabilitation senior

31  supervisor I-F/C SES;

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    Florida Senate - 2007                                  SB 1684
    6-1773A-07                                          See HB 655




 1         50.  Unit treatment and rehabilitation senior

 2  supervisor II-F/F SES;

 3         51.  Vocational instructor I (class code 1310);

 4         52.  Vocational instructor II (class code 1311);

 5         53.  Vocational instructor III (class code 1312);

 6         54.  Vocational instructor II-F/C (class code 1313);

 7         55.  Vocational instructor III-F/C (class code 1315);

 8         56.  Vocational teacher EJT-F/C (class code 8085);

 9         57.  Wellness education specialist I-F/C (class code

10  5567); or

11         58.  Wellness education specialist II-F/C (class code

12  5568).

13         Section 3.  The Legislature finds that a proper and

14  legitimate state purpose is served when employees and retirees

15  of the state and its political subdivisions and the

16  dependents, survivors, and beneficiaries of such employees and

17  retirees are extended the basic protections afforded by

18  governmental retirement systems. These persons must be

19  provided benefits that are fair and adequate and that are

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

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

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

23  Legislature hereby determines and declares that this act

24  fulfills an important state interest.

25         Section 4.  This act shall take effect October 1, 2007.

26  

27  

28  

29  

30  

31  

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