HB 205

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	ss. 121.021 and 121.0515, F.S.; providing membership in
4	the Special Risk Class of the system for persons employed
5	as ocean water rescue lifeguards who meet other specified
6	qualifications; providing a declaration of important state
7	interest; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (f) is added to subsection (15) of
12	section 121.021, Florida Statutes, to read:
13	121.021  Definitions.--The following words and phrases as
14	used in this chapter have the respective meanings set forth
15	unless a different meaning is plainly required by the context:
16	(15)
17	(f)  Effective October 1, 2007, the term "special risk
18	member" includes any member who is employed as an ocean water
19	rescue lifeguard by an employer that is advanced certified by
20	the United States Lifesaving Association, who is certified in
21	compliance with s. 401.27 as an emergency medical technician or
22	paramedic, who works directly under the supervision of a fire
23	rescue department or is supervised by a medical director, and
24	who 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
32	compliance with s. 943.1395; however, sheriffs and elected
33	police chiefs shall be excluded from meeting the certification
34	requirements of this paragraph. In addition, the member's duties
35	and responsibilities must include the pursuit, apprehension, and
36	arrest of law violators or suspected law violators; or the
37	member must be an active member of a bomb disposal unit whose
38	primary responsibility is the location, handling, and disposal
39	of explosive devices; or the member must be the supervisor or
40	command officer of a member or members who have such
41	responsibilities; provided, however, administrative support
42	personnel, including, but not limited to, those whose primary
43	duties and responsibilities are in accounting, purchasing,
44	legal, and personnel, shall not be included;
45	(b)  The member must be employed as a firefighter and be
46	certified, or required to be certified, in compliance with s.
47	633.35 and be employed solely within the fire department of a
48	local government employer or an agency of state government with
49	firefighting responsibilities. In addition, the member's duties
50	and responsibilities must include on-the-scene fighting of
51	fires, fire prevention, or firefighter training; direct
52	supervision of firefighting units, fire prevention, or
53	firefighter training; or aerial firefighting surveillance
54	performed by fixed-wing aircraft pilots employed by the Division
55	of Forestry of the Department of Agriculture and Consumer
56	Services; or the member must be the supervisor or command
57	officer of a member or members who have such responsibilities;
58	provided, however, administrative support personnel, including,
59	but not limited to, those whose primary duties and
60	responsibilities are in accounting, purchasing, legal, and
61	personnel, shall not be included and further provided that all
62	periods of creditable service in fire prevention or firefighter
63	training, or as the supervisor or command officer of a member or
64	members who have such responsibilities, and for which the
65	employer paid the special risk contribution rate, shall be
66	included;
67	(c)  The member must be employed as a correctional officer
68	and be certified, or required to be certified, in compliance
69	with s. 943.1395. In addition, the member's primary duties and
70	responsibilities must be the custody, and physical restraint
71	when necessary, of prisoners or inmates within a prison, jail,
72	or other criminal detention facility, or while on work detail
73	outside the facility, or while being transported; or the member
74	must be the supervisor or command officer of a member or members
75	who have such responsibilities; provided, however,
76	administrative support personnel, including, but not limited to,
77	those whose primary duties and responsibilities are in
78	accounting, purchasing, legal, and personnel, shall not be
79	included; however, wardens and assistant wardens, as defined by
80	rule, shall participate in the Special Risk Class;
81	(d)  The member must be employed by a licensed Advance Life
82	Support (ALS) or Basic Life Support (BLS) employer as an
83	emergency medical technician or a paramedic and be certified in
84	compliance with s. 401.27. In addition, the member's primary
85	duties and responsibilities must include on-the-scene emergency
86	medical care or direct supervision of emergency medical
87	technicians or paramedics, or the member must be the supervisor
88	or command officer of one or more members who have such
89	responsibility. However, administrative support personnel,
90	including, but not limited to, those whose primary
91	responsibilities are in accounting, purchasing, legal, and
92	personnel, shall not be included;
93	(e)  The member must be employed as a community-based
94	correctional probation officer and be certified, or required to
95	be certified, in compliance with s. 943.1395. In addition, the
96	member's primary duties and responsibilities must be the
97	supervised custody, surveillance, control, investigation, and
98	counseling of assigned inmates, probationers, parolees, or
99	community controllees within the community; or the member must
100	be the supervisor of a member or members who have such
101	responsibilities. Administrative support personnel, including,
102	but not limited to, those whose primary duties and
103	responsibilities are in accounting, purchasing, legal services,
104	and personnel management, shall not be included; however,
105	probation and parole circuit and deputy circuit administrators
106	shall participate in the Special Risk Class;
107	(f)  The member must be employed in one of the following
108	classes and must spend at least 75 percent of his or her time
109	performing duties which involve contact with patients or inmates
110	in a correctional or forensic facility or institution:
111	1.  Dietitian (class codes 5203 and 5204);
112	2.  Public health nutrition consultant (class code 5224);
113	3.  Psychological specialist (class codes 5230 and 5231);
114	4.  Psychologist (class code 5234);
115	5.  Senior psychologist (class codes 5237 and 5238);
116	6.  Regional mental health consultant (class code 5240);
117	7.  Psychological Services Director--DCF (class code 5242);
118	8.  Pharmacist (class codes 5245 and 5246);
119	9.  Senior pharmacist (class codes 5248 and 5249);
120	10.  Dentist (class code 5266);
121	11.  Senior dentist (class code 5269);
122	12.  Registered nurse (class codes 5290 and 5291);
123	13.  Senior registered nurse (class codes 5292 and 5293);
124	14.  Registered nurse specialist (class codes 5294 and
125	5295);
126	15.  Clinical associate (class codes 5298 and 5299);
127	16.  Advanced registered nurse practitioner (class codes
128	5297 and 5300);
129	17.  Advanced registered nurse practitioner specialist
130	(class codes 5304 and 5305);
131	18.  Registered nurse supervisor (class codes 5306 and
132	5307);
133	19.  Senior registered nurse supervisor (class codes 5308
134	and 5309);
135	20.  Registered nursing consultant (class codes 5312 and
136	5313);
137	21.  Quality management program supervisor (class code
138	5314);
139	22.  Executive nursing director (class codes 5320 and
140	5321);
141	23.  Speech and hearing therapist (class code 5406); or
142	24.  Pharmacy manager (class code 5251);
143	(g)  The member must be employed as a youth custody officer
144	and be certified, or required to be certified, in compliance
145	with s. 943.1395. In addition, the member's primary duties and
146	responsibilities must be the supervised custody, surveillance,
147	control, investigation, apprehension, arrest, and counseling of
148	assigned juveniles within the community; or
149	(h)  The member must be employed by a law enforcement
150	agency or medical examiner's office in a forensic discipline
151	recognized by the International Association for Identification
152	and must qualify for active membership in the International
153	Association for Identification. The member's primary duties and
154	responsibilities must include the collection, examination,
155	preservation, documentation, preparation, or analysis of
156	physical evidence or testimony, or both, or the member must be
157	the direct supervisor, quality management supervisor, or command
158	officer of one or more individuals with such responsibility.
159	Administrative support personnel, including, but not limited to,
160	those whose primary responsibilities are clerical or in
161	accounting, purchasing, legal, and personnel, shall not be
162	included; or.
163	(i)  The member must be employed as an ocean water rescue
164	lifeguard by an employer that is advanced certified by the
165	United States Lifesaving Association, must be certified in
166	compliance with s. 401.27 as an emergency medical technician or
167	paramedic, and must maintain compliance with the United States
168	Lifesaving Association's Fulltime Open Water Lifeguard training
169	standards. In addition, the member must work directly under the
170	supervision of a fire rescue department or be supervised by a
171	medical director and must have primary duties and
172	responsibilities that include maintaining open water life safety
173	and on-the-scene emergency rescue and response to emergencies in
174	the water and on oceanfront beaches. However, administrative
175	support personnel, including, but not limited to, those whose
176	primary responsibilities are in accounting, purchasing, legal,
177	and personnel, shall not be included.
178	Section 3.  The Legislature finds that a proper and
179	legitimate state purpose is served when employees and retirees
180	of the state and its political subdivisions and the dependents,
181	survivors, and beneficiaries of such employees and retirees are
182	extended the basic protections afforded by governmental
183	retirement systems. These persons must be provided benefits that
184	are fair and adequate and that are managed, administered, and
185	funded in a sound actuarial manner, as required by s. 14, Art. X
186	of the State Constitution and part VII of chapter 112, Florida
187	Statutes. Therefore, the Legislature hereby determines and
188	declares that this act fulfills an important state interest.
189	Section 4.  This act shall take effect October 1, 2007.

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