Senate Bill sb1684c1
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Florida Senate - 2007 CS for SB 1684
By the Committee on Governmental Operations; and Senators
Lawson and Gaetz
585-2682-07
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, or the Agency for Persons with
8 Disabilities and who meet certain criteria;
9 providing a declaration of important state
10 interest; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (f) is added to subsection (15)
15 of section 121.021, Florida Statutes, to read:
16 121.021 Definitions.--The following words and phrases
17 as used in this chapter have the respective meanings set forth
18 unless a different meaning is plainly required by the context:
19 (15)
20 (f) Effective October 1, 2007, the term "special risk
21 member" includes any member who is employed by the Department
22 of Corrections, the Department of Children and Family
23 Services, or the Agency for Persons with Disabilities and
24 meets the special criteria set forth in s. 121.0515(2)(i).
25 Section 2. Subsection (2) of section 121.0515, Florida
26 Statutes, is amended to read:
27 121.0515 Special risk membership.--
28 (2) CRITERIA.--A member, to be designated as a special
29 risk member, must meet the following criteria:
30 (a) The member must be employed as a law enforcement
31 officer and be certified, or required to be certified, in
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Florida Senate - 2007 CS for SB 1684
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1 compliance with s. 943.1395; however, sheriffs and elected
2 police chiefs shall be excluded from meeting the certification
3 requirements of this paragraph. In addition, the member's
4 duties and responsibilities must include the pursuit,
5 apprehension, and arrest of law violators or suspected law
6 violators; or the member must be an active member of a bomb
7 disposal unit whose primary responsibility is the location,
8 handling, and disposal of explosive devices; or the member
9 must be the supervisor or command officer of a member or
10 members who have such responsibilities; provided, however,
11 administrative support personnel, including, but not limited
12 to, those whose primary duties and responsibilities are in
13 accounting, purchasing, legal, and personnel, shall not be
14 included;
15 (b) The member must be employed as a firefighter and
16 be certified, or required to be certified, in compliance with
17 s. 633.35 and be employed solely within the fire department of
18 a local government employer or an agency of state government
19 with firefighting responsibilities. In addition, the member's
20 duties and responsibilities must include on-the-scene fighting
21 of fires, fire prevention, or firefighter training; direct
22 supervision of firefighting units, fire prevention, or
23 firefighter training; or aerial firefighting surveillance
24 performed by fixed-wing aircraft pilots employed by the
25 Division of Forestry of the Department of Agriculture and
26 Consumer Services; or the member must be the supervisor or
27 command officer of a member or members who have such
28 responsibilities; provided, however, administrative support
29 personnel, including, but not limited to, those whose primary
30 duties and responsibilities are in accounting, purchasing,
31 legal, and personnel, shall not be included and further
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Florida Senate - 2007 CS for SB 1684
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1 provided that all periods of creditable service in fire
2 prevention or firefighter training, or as the supervisor or
3 command officer of a member or members who have such
4 responsibilities, and for which the employer paid the special
5 risk contribution rate, shall be included;
6 (c) The member must be employed as a correctional
7 officer and be certified, or required to be certified, in
8 compliance with s. 943.1395. In addition, the member's primary
9 duties and responsibilities must be the custody, and physical
10 restraint when necessary, of prisoners or inmates within a
11 prison, jail, or other criminal detention facility, or while
12 on work detail outside the facility, or while being
13 transported; or the member must be the supervisor or command
14 officer of a member or members who have such responsibilities;
15 provided, however, administrative support personnel,
16 including, but not limited to, those whose primary duties and
17 responsibilities are in accounting, purchasing, legal, and
18 personnel, shall not be included; however, wardens and
19 assistant wardens, as defined by rule, shall participate in
20 the Special Risk Class;
21 (d) The member must be employed by a licensed Advance
22 Life Support (ALS) or Basic Life Support (BLS) employer as an
23 emergency medical technician or a paramedic and be certified
24 in compliance with s. 401.27. In addition, the member's
25 primary duties and responsibilities must include on-the-scene
26 emergency medical care or direct supervision of emergency
27 medical technicians or paramedics, or the member must be the
28 supervisor or command officer of one or more members who have
29 such responsibility. However, administrative support
30 personnel, including, but not limited to, those whose primary
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1 responsibilities are in accounting, purchasing, legal, and
2 personnel, shall not be included;
3 (e) The member must be employed as a community-based
4 correctional probation officer and be certified, or required
5 to be certified, in compliance with s. 943.1395. In addition,
6 the member's primary duties and responsibilities must be the
7 supervised custody, surveillance, control, investigation, and
8 counseling of assigned inmates, probationers, parolees, or
9 community controllees within the community; or the member must
10 be the supervisor of a member or members who have such
11 responsibilities. Administrative support personnel, including,
12 but not limited to, those whose primary duties and
13 responsibilities are in accounting, purchasing, legal
14 services, and personnel management, shall not be included;
15 however, probation and parole circuit and deputy circuit
16 administrators shall participate in the Special Risk Class;
17 (f) The member must be employed in one of the
18 following classes and must spend at least 75 percent of his or
19 her time performing duties which involve contact with patients
20 or inmates in a correctional or forensic facility or
21 institution:
22 1. Dietitian (class codes 5203 and 5204);
23 2. Public health nutrition consultant (class code
24 5224);
25 3. Psychological specialist (class codes 5230 and
26 5231);
27 4. Psychologist (class code 5234);
28 5. Senior psychologist (class codes 5237 and 5238);
29 6. Regional mental health consultant (class code
30 5240);
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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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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. Behavioral program associate (class code 5750);
24 2. Behavioral program associate-F/C (class code 5762);
25 3. Behavioral program specialist (class code 5751);
26 4. Behavioral program specialist-F/C (class code
27 5763);
28 5. Human services worker I-forensic (class code 5781);
29 6. Human services worker II-F/C (class code 5784);
30 7. Licensed practical nurse (class code 5599);
31 8. Rehabilitation therapist-F/C (class code 5563);
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Florida Senate - 2007 CS for SB 1684
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1 9. Senior licensed practical nurse-F/C (class code
2 5597);
3 10. Unit treatment and rehab specialist (class code
4 5776);
5 11. Unit treatment and rehab specialist-F/C (class
6 code 5791);
7 12. Unit treatment and rehabilitation supervisor I-F/C
8 (5793);
9 13. Unit treatment and rehabilitation senior
10 supervisor II-F/C (5796).
11 Section 3. The Legislature finds that a proper and
12 legitimate state purpose is served when employees and retirees
13 of the state and its political subdivisions and the
14 dependents, survivors, and beneficiaries of such employees and
15 retirees are extended the basic protections afforded by
16 governmental retirement systems. These persons must be
17 provided benefits that are fair and adequate and that are
18 managed, administered, and funded in a sound actuarial manner,
19 as required by Section 14, Article X of the State Constitution
20 and part VII of chapter 112, Florida Statutes. Therefore, the
21 Legislature hereby determines and declares that this act
22 fulfills an important state interest.
23 Section 4. This act shall take effect October 1, 2007.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 1684
27
28 The Committee Substitute reduces the job classes and employees
affected by the upgrading to the special risk retirement class
29 and further lowers the fiscal impact by about forty percent.
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