| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Retirement System; amending |
| 3 | s. 121.021, F.S.; redefining the term "special risk |
| 4 | member"; amending s. 121.0515, F.S.; revising criteria for |
| 5 | membership in the special risk class to include court |
| 6 | deputies; providing legislative findings that the act |
| 7 | fulfills an important state interest; providing an |
| 8 | effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsection (15) of section 121.021, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 121.021 Definitions.-The following words and phrases as |
| 15 | used in this chapter have the respective meanings set forth |
| 16 | unless a different meaning is plainly required by the context: |
| 17 | (15) "Special risk member" means a member who meets the |
| 18 | criteria specified in s. 121.0515. |
| 19 | (a) Until October 1, 1978, "special risk member" means any |
| 20 | officer or employee whose application is approved by the |
| 21 | administrator and who receives salary payments for work |
| 22 | performed as a peace officer; law enforcement officer; police |
| 23 | officer; highway patrol officer; custodial employee at a |
| 24 | correctional or detention facility; correctional agency employee |
| 25 | whose duties and responsibilities involve direct contact with |
| 26 | inmates, but excluding secretarial and clerical employees; |
| 27 | firefighter; or an employee in any other job in the field of law |
| 28 | enforcement or fire protection if the duties of such person are |
| 29 | certified as hazardous by his or her employer. |
| 30 | (b) Effective October 1, 1978, "special risk member" means |
| 31 | a member of the Florida Retirement System who is designated as a |
| 32 | special risk member by the division in accordance with s. |
| 33 | 121.0515. Such member must be employed as a law enforcement |
| 34 | officer, a firefighter, or a correctional officer and must meet |
| 35 | certain other special criteria as set forth in s. 121.0515. |
| 36 | (c) Effective October 1, 1999, "special risk member" means |
| 37 | a member of the Florida Retirement System who is designated as a |
| 38 | special risk member by the division in accordance with s. |
| 39 | 121.0515. Such member must be employed as a law enforcement |
| 40 | officer, a firefighter, a correctional officer, an emergency |
| 41 | medical technician, or a paramedic and must meet certain other |
| 42 | special criteria as set forth in s. 121.0515. |
| 43 | (d)1. Effective January 1, 2001, "special risk member" |
| 44 | includes any member who is employed as a community-based |
| 45 | correctional probation officer and meets the special criteria |
| 46 | set forth in s. 121.0515(2)(e). |
| 47 | 2. Effective January 1, 2001, "special risk member" |
| 48 | includes any professional health care bargaining unit or non- |
| 49 | unit member who is employed by the Department of Corrections or |
| 50 | the Department of Children and Family Services and meets the |
| 51 | special criteria set forth in s. 121.0515(2)(f). |
| 52 | (e) Effective July 1, 2001, the term "special risk member" |
| 53 | includes any member who is employed as a youth custody officer |
| 54 | by the Department of Juvenile Justice and meets the special |
| 55 | criteria set forth in s. 121.0515(2)(g). |
| 56 | Section 2. Subsection (2), paragraph (b) of subsection |
| 57 | (4), and paragraph (c) of subsection (9) of section 121.0515, |
| 58 | Florida Statutes, are amended to read: |
| 59 | 121.0515 Special risk membership.- |
| 60 | (2) CRITERIA.-Prior to October 1, 1978, A member, to be |
| 61 | designated as a special risk member, the member's application |
| 62 | must be approved by the administrator and the member must |
| 63 | receive salary payments for work performed as a peace officer; |
| 64 | law enforcement officer; police officer; highway patrol officer; |
| 65 | custodial employee at a correctional or detention facility; |
| 66 | correctional agency employee whose duties and responsibilities |
| 67 | involve direct contact with inmates, but excluding secretarial |
| 68 | and clerical employees; firefighter; or an employee in any other |
| 69 | job in the field of law enforcement or fire protection if the |
| 70 | member's duties are certified as hazardous by his or her |
| 71 | employer. Effective October 1, 1978, a member must be designated |
| 72 | as a special risk member by the department and must meet the |
| 73 | following criteria: |
| 74 | (a) Effective October 1, 1978, the member must be employed |
| 75 | as a law enforcement officer, a firefighter, or a correctional |
| 76 | officer and: |
| 77 | 1.(a) If employed The member must be employed as a law |
| 78 | enforcement officer, the member must and be certified, or |
| 79 | required to be certified, in compliance with s. 943.1395; |
| 80 | however, sheriffs and elected police chiefs are shall be |
| 81 | excluded from meeting the certification requirements of this |
| 82 | paragraph. In addition, the member's duties and responsibilities |
| 83 | must include the pursuit, apprehension, and arrest of law |
| 84 | violators or suspected law violators; or the member must be an |
| 85 | active member of a bomb disposal unit whose primary |
| 86 | responsibility is the location, handling, and disposal of |
| 87 | explosive devices; or the member must be the supervisor or |
| 88 | command officer of a member or members who have such |
| 89 | responsibilities.; provided, however, Administrative support |
| 90 | personnel, including, but not limited to, those whose primary |
| 91 | duties and responsibilities are in accounting, purchasing, |
| 92 | legal, and personnel, are shall not be included; |
| 93 | 2.(b) If employed The member must be employed as a |
| 94 | firefighter, the member must and be certified, or required to be |
| 95 | certified, in compliance with s. 633.35 and be employed solely |
| 96 | within the fire department of a local government employer or an |
| 97 | agency of state government with firefighting responsibilities. |
| 98 | In addition, the member's duties and responsibilities must |
| 99 | include on-the-scene fighting of fires, fire prevention, or |
| 100 | firefighter training; direct supervision of firefighting units, |
| 101 | fire prevention, or firefighter training; or aerial firefighting |
| 102 | surveillance performed by fixed-wing aircraft pilots employed by |
| 103 | the Division of Forestry of the Department of Agriculture and |
| 104 | Consumer Services; or the member must be the supervisor or |
| 105 | command officer of a member or members who have such |
| 106 | responsibilities.; provided, however, Administrative support |
| 107 | personnel, including, but not limited to, those whose primary |
| 108 | duties and responsibilities are in accounting, purchasing, |
| 109 | legal, and personnel, are shall not be included; however, and |
| 110 | further provided that all periods of creditable service in fire |
| 111 | prevention or firefighter training, or as the supervisor or |
| 112 | command officer of a member or members who have such |
| 113 | responsibilities, and for which the employer paid the special |
| 114 | risk contribution rate, are shall be included; or |
| 115 | 3.(c) If employed The member must be employed as a |
| 116 | correctional officer, the member must and be certified, or |
| 117 | required to be certified, in compliance with s. 943.1395. In |
| 118 | addition, the member's primary duties and responsibilities must |
| 119 | be the custody, and physical restraint when necessary, of |
| 120 | prisoners or inmates within a prison, jail, or other criminal |
| 121 | detention facility, or while on work detail outside the |
| 122 | facility, or while being transported; or the member must be the |
| 123 | supervisor or command officer of a member or members who have |
| 124 | such responsibilities.; provided, however, Administrative |
| 125 | support personnel, including, but not limited to, those whose |
| 126 | primary duties and responsibilities are in accounting, |
| 127 | purchasing, legal, and personnel, are shall not be included; |
| 128 | however, wardens and assistant wardens, as defined by rule, |
| 129 | shall participate in the Special Risk Class.; |
| 130 | (b) Effective October 1, 1999, special risk membership |
| 131 | also includes an emergency medical technician or paramedic who |
| 132 | is |
| 133 | (d) The member must be employed by a licensed Advance Life |
| 134 | Support (ALS) or Basic Life Support (BLS) employer as an |
| 135 | emergency medical technician or a paramedic and be certified in |
| 136 | compliance with s. 401.27. In addition, the member's primary |
| 137 | duties and responsibilities must include on-the-scene emergency |
| 138 | medical care or direct supervision of emergency medical |
| 139 | technicians or paramedics, or the member must be the supervisor |
| 140 | or command officer of one or more members who have such |
| 141 | responsibility. However, Administrative support personnel, |
| 142 | including, but not limited to, those whose primary |
| 143 | responsibilities are in accounting, purchasing, legal, and |
| 144 | personnel, are shall not be included.; |
| 145 | (c) Effective January 1, 2001, special risk membership |
| 146 | also includes a community-based correctional probation officer |
| 147 | who is |
| 148 | (e) The member must be employed as a community-based |
| 149 | correctional probation officer and is be certified, or required |
| 150 | to be certified, in compliance with s. 943.1395. In addition, |
| 151 | the member's primary duties and responsibilities must be the |
| 152 | supervised custody, surveillance, control, investigation, and |
| 153 | counseling of assigned inmates, probationers, parolees, or |
| 154 | community controllees within the community; or the member must |
| 155 | be the supervisor of a member or members who have such |
| 156 | responsibilities. Administrative support personnel, including, |
| 157 | but not limited to, those whose primary duties and |
| 158 | responsibilities are in accounting, purchasing, legal services, |
| 159 | and personnel management, are shall not be included; however, |
| 160 | probation and parole circuit and deputy circuit administrators |
| 161 | shall participate in the Special Risk Class.; |
| 162 | (d) Effective January 1, 2001, special risk membership |
| 163 | also includes a professional health care bargaining unit or non- |
| 164 | unit member who is employed by the Department of Corrections or |
| 165 | the Department of Children and Family Services |
| 166 | (f) The member must be employed in one of the following |
| 167 | classes and who spends must spend at least 75 percent of his or |
| 168 | her time performing duties that which involve contact with |
| 169 | patients or inmates in a correctional or forensic facility or |
| 170 | institution: |
| 171 | 1. Dietitian (class codes 5203 and 5204); |
| 172 | 2. Public health nutrition consultant (class code 5224); |
| 173 | 3. Psychological specialist (class codes 5230 and 5231); |
| 174 | 4. Psychologist (class code 5234); |
| 175 | 5. Senior psychologist (class codes 5237 and 5238); |
| 176 | 6. Regional mental health consultant (class code 5240); |
| 177 | 7. Psychological Services Director-DCF (class code 5242); |
| 178 | 8. Pharmacist (class codes 5245 and 5246); |
| 179 | 9. Senior pharmacist (class codes 5248 and 5249); |
| 180 | 10. Dentist (class code 5266); |
| 181 | 11. Senior dentist (class code 5269); |
| 182 | 12. Registered nurse (class codes 5290 and 5291); |
| 183 | 13. Senior registered nurse (class codes 5292 and 5293); |
| 184 | 14. Registered nurse specialist (class codes 5294 and |
| 185 | 5295); |
| 186 | 15. Clinical associate (class codes 5298 and 5299); |
| 187 | 16. Advanced registered nurse practitioner (class codes |
| 188 | 5297 and 5300); |
| 189 | 17. Advanced registered nurse practitioner specialist |
| 190 | (class codes 5304 and 5305); |
| 191 | 18. Registered nurse supervisor (class codes 5306 and |
| 192 | 5307); |
| 193 | 19. Senior registered nurse supervisor (class codes 5308 |
| 194 | and 5309); |
| 195 | 20. Registered nursing consultant (class codes 5312 and |
| 196 | 5313); |
| 197 | 21. Quality management program supervisor (class code |
| 198 | 5314); |
| 199 | 22. Executive nursing director (class codes 5320 and |
| 200 | 5321); |
| 201 | 23. Speech and hearing therapist (class code 5406); or |
| 202 | 24. Pharmacy manager (class code 5251).; |
| 203 | (e) Effective July 1, 2001, special risk membership also |
| 204 | includes a youth custody officer who is employed by the |
| 205 | Department of Juvenile Justice and |
| 206 | (g) The member must be employed as a youth custody officer |
| 207 | and be certified, or required to be certified, in compliance |
| 208 | with s. 943.1395. In addition, the member's primary duties and |
| 209 | responsibilities must be the supervised custody, surveillance, |
| 210 | control, investigation, apprehension, arrest, and counseling of |
| 211 | assigned juveniles within the community.; or |
| 212 | (f)(h) Effective October 1, 2005, through June 30, 2008, |
| 213 | the member must be employed by a law enforcement agency or |
| 214 | medical examiner's office in a forensic discipline recognized by |
| 215 | the International Association for Identification and must |
| 216 | qualify for active membership in the International Association |
| 217 | for Identification. The member's primary duties and |
| 218 | responsibilities must include the collection, examination, |
| 219 | preservation, documentation, preparation, or analysis of |
| 220 | physical evidence or testimony, or both, or the member must be |
| 221 | the direct supervisor, quality management supervisor, or command |
| 222 | officer of one or more individuals with such responsibility. |
| 223 | Administrative support personnel, including, but not limited to, |
| 224 | those whose primary responsibilities are clerical or in |
| 225 | accounting, purchasing, legal, and personnel, are shall not be |
| 226 | included. |
| 227 | (g)(i) Effective July 1, 2008, the member must be employed |
| 228 | by the Department of Law Enforcement in the crime laboratory or |
| 229 | by the Division of State Fire Marshal in the forensic laboratory |
| 230 | in one of the following classes: |
| 231 | 1. Forensic technologist (class code 8459); |
| 232 | 2. Crime laboratory technician (class code 8461); |
| 233 | 3. Crime laboratory analyst (class code 8463); |
| 234 | 4. Senior crime laboratory analyst (class code 8464); |
| 235 | 5. Crime laboratory analyst supervisor (class code 8466); |
| 236 | 6. Forensic chief (class code 9602); or |
| 237 | 7. Forensic services quality manager (class code 9603). |
| 238 | (h)(j) Effective July 1, 2008, the member must be employed |
| 239 | by a local government law enforcement agency or medical |
| 240 | examiner's office and must spend at least 65 percent of his or |
| 241 | her time performing duties that involve the collection, |
| 242 | examination, preservation, documentation, preparation, or |
| 243 | analysis of human tissues or fluids or physical evidence having |
| 244 | potential biological, chemical, or radiological hazard or |
| 245 | contamination, or use chemicals, processes, or materials that |
| 246 | may have carcinogenic or health-damaging properties in the |
| 247 | analysis of such evidence, or the member must be the direct |
| 248 | supervisor of one or more individuals having such |
| 249 | responsibility. If a special risk member changes to another |
| 250 | position within the same agency, he or she must submit a |
| 251 | complete application as provided in paragraph (3)(a). |
| 252 | (i) Effective July 1, 2010, special risk membership also |
| 253 | includes a member who is a court deputy in the state courts |
| 254 | system and whose primary duties include transporting, |
| 255 | controlling, and fingerprinting prisoners within the courthouse; |
| 256 | maintaining care and control of juries; notifying court |
| 257 | administration when larger courtrooms are needed, bringing |
| 258 | judge's supplies to the courtroom, announcing the judge and |
| 259 | calling the court to order; and maintaining a safe and secure |
| 260 | environment for the public in a courtroom setting. |
| 261 | Administrative support personnel, including, but not limited to, |
| 262 | those whose primary responsibilities are clerical or in |
| 263 | accounting, purchasing, legal, and personnel, are not included. |
| 264 | (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.- |
| 265 | (b) Any member who is a special risk member on July 1, |
| 266 | 2008, and who became eligible to participate under paragraph |
| 267 | (2)(f) (2)(h) but fails to meet the criteria for special risk |
| 268 | membership under established by paragraph (2)(g) (2)(i) or |
| 269 | paragraph (2)(h) (2)(j) shall have his or her special risk |
| 270 | designation removed and thereafter shall be a Regular Class |
| 271 | member and earn only Regular Class membership credit. The |
| 272 | department may review the special risk designation of members to |
| 273 | determine whether or not those members continue to meet the |
| 274 | criteria for special risk membership. |
| 275 | (9) CREDIT FOR UPGRADED SERVICE.- |
| 276 | (c) Any member of the Special Risk Class who has earned |
| 277 | creditable service in another membership class of the Florida |
| 278 | Retirement System in a position with the Department of Law |
| 279 | Enforcement or the Division of State Fire Marshal and became |
| 280 | covered by the Special Risk Class as described in paragraph |
| 281 | (2)(g) (2)(i), or with a local government law enforcement agency |
| 282 | or medical examiner's office and became covered by the Special |
| 283 | Risk Class as described in paragraph (2)(h) (2)(j), which |
| 284 | service is within the purview of the Special Risk Class, and is |
| 285 | employed in such position on or after July 1, 2008, may purchase |
| 286 | additional retirement credit to upgrade such service to Special |
| 287 | Risk Class service, to the extent of the percentages of the |
| 288 | member's average final compensation provided in s. |
| 289 | 121.091(1)(a)2. The cost for such credit must shall be an amount |
| 290 | representing the actuarial accrued liability for the difference |
| 291 | in accrual value during the affected period of service. The cost |
| 292 | shall be calculated using the discount rate and other relevant |
| 293 | actuarial assumptions that were used to value the Florida |
| 294 | Retirement System defined benefit plan liabilities in the most |
| 295 | recent actuarial valuation. The Division of Retirement shall |
| 296 | ensure that the transfer sum is prepared using a formula and |
| 297 | methodology certified by an enrolled actuary. The cost must be |
| 298 | paid immediately upon notification by the division. The local |
| 299 | government employer may purchase the upgraded service credit on |
| 300 | behalf of the member if the member has been employed by that |
| 301 | employer for at least 3 years. |
| 302 | Section 3. The Legislature finds that a proper and |
| 303 | legitimate state interest is served when state court employees |
| 304 | who are responsible for maintaining a safe and secure |
| 305 | environment for staff and the public in a courtroom setting are |
| 306 | classified as members of the special risk class of the Florida |
| 307 | Retirement System. These persons must be provided benefits that |
| 308 | are fair and adequate and that are managed, administered, and |
| 309 | funded in an actuarially sound manner as required by s. 14, |
| 310 | Article X of the State Constitution, and part VII of chapter |
| 311 | 112, Florida Statutes. Therefore, the Legislature determines and |
| 312 | declares that the amendment of s. 121.0515, Florida Statutes, |
| 313 | made by this act fulfills an important state interest. |
| 314 | Section 4. This act shall take effect July 1, 2010. |