June 26, 2019
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       Florida Senate - 2010                                    SB 1996
       
       
       
       By Senator Smith
       
       
       
       
       29-01491-10                                           20101996__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.021, F.S.; redefining the term
    4         “special risk member”; amending s. 121.0515, F.S.;
    5         revising criteria for membership in the special risk
    6         class to include court deputies; providing legislative
    7         findings that the act fulfills an important state
    8         interest; providing an 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 (4),
   57  and paragraph (c) of subsection (9) of section 121.0515, Florida
   58  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 also
  131  includes an emergency medical technician or paramedic who is
  132         (d)The member must be employed by a licensed Advance Life
  133  Support (ALS) or Basic Life Support (BLS) employer as an
  134  emergency medical technician or a paramedic and be certified in
  135  compliance with s. 401.27. In addition, the member’s primary
  136  duties and responsibilities must include on-the-scene emergency
  137  medical care or direct supervision of emergency medical
  138  technicians or paramedics, or the member must be the supervisor
  139  or command officer of one or more members who have such
  140  responsibility. However, Administrative support personnel,
  141  including, but not limited to, those whose primary
  142  responsibilities are in accounting, purchasing, legal, and
  143  personnel, are shall not be included.;
  144         (c)Effective January 1, 2001, special risk membership also
  145  includes a community-based correctional probation officer who is
  146         (e)The member must be employed as a community-based
  147  correctional probation officer and is be certified, or required
  148  to be certified, in compliance with s. 943.1395. In addition,
  149  the member’s primary duties and responsibilities must be the
  150  supervised custody, surveillance, control, investigation, and
  151  counseling of assigned inmates, probationers, parolees, or
  152  community controllees within the community; or the member must
  153  be the supervisor of a member or members who have such
  154  responsibilities. Administrative support personnel, including,
  155  but not limited to, those whose primary duties and
  156  responsibilities are in accounting, purchasing, legal services,
  157  and personnel management, are shall not be included; however,
  158  probation and parole circuit and deputy circuit administrators
  159  shall participate in the Special Risk Class.;
  160         (d)Effective January 1, 2001, special risk membership also
  161  includes a professional health care bargaining unit or non-unit
  162  member who is employed by the Department of Corrections or the
  163  Department of Children and Family Services
  164         (f)The member must be employed in one of the following
  165  classes and who spends must spend at least 75 percent of his or
  166  her time performing duties that which involve contact with
  167  patients or inmates in a correctional or forensic facility or
  168  institution:
  169         1. Dietitian (class codes 5203 and 5204);
  170         2. Public health nutrition consultant (class code 5224);
  171         3. Psychological specialist (class codes 5230 and 5231);
  172         4. Psychologist (class code 5234);
  173         5. Senior psychologist (class codes 5237 and 5238);
  174         6. Regional mental health consultant (class code 5240);
  175         7. Psychological Services Director—DCF (class code 5242);
  176         8. Pharmacist (class codes 5245 and 5246);
  177         9. Senior pharmacist (class codes 5248 and 5249);
  178         10. Dentist (class code 5266);
  179         11. Senior dentist (class code 5269);
  180         12. Registered nurse (class codes 5290 and 5291);
  181         13. Senior registered nurse (class codes 5292 and 5293);
  182         14. Registered nurse specialist (class codes 5294 and
  183  5295);
  184         15. Clinical associate (class codes 5298 and 5299);
  185         16. Advanced registered nurse practitioner (class codes
  186  5297 and 5300);
  187         17. Advanced registered nurse practitioner specialist
  188  (class codes 5304 and 5305);
  189         18. Registered nurse supervisor (class codes 5306 and
  190  5307);
  191         19. Senior registered nurse supervisor (class codes 5308
  192  and 5309);
  193         20. Registered nursing consultant (class codes 5312 and
  194  5313);
  195         21. Quality management program supervisor (class code
  196  5314);
  197         22. Executive nursing director (class codes 5320 and 5321);
  198         23. Speech and hearing therapist (class code 5406); or
  199         24. Pharmacy manager (class code 5251).;
  200         (e)Effective July 1, 2001, special risk membership also
  201  includes a youth custody officer who is employed by the
  202  Department of Juvenile Justice and
  203         (g)The member must be employed as a youth custody officer
  204  and be certified, or required to be certified, in compliance
  205  with s. 943.1395. In addition, the member’s primary duties and
  206  responsibilities must be the supervised custody, surveillance,
  207  control, investigation, apprehension, arrest, and counseling of
  208  assigned juveniles within the community.; or
  209         (f)(h) Effective October 1, 2005, through June 30, 2008,
  210  the member must be employed by a law enforcement agency or
  211  medical examiner’s office in a forensic discipline recognized by
  212  the International Association for Identification and must
  213  qualify for active membership in the International Association
  214  for Identification. The member’s primary duties and
  215  responsibilities must include the collection, examination,
  216  preservation, documentation, preparation, or analysis of
  217  physical evidence or testimony, or both, or the member must be
  218  the direct supervisor, quality management supervisor, or command
  219  officer of one or more individuals with such responsibility.
  220  Administrative support personnel, including, but not limited to,
  221  those whose primary responsibilities are clerical or in
  222  accounting, purchasing, legal, and personnel, are shall not be
  223  included.
  224         (g)(i) Effective July 1, 2008, the member must be employed
  225  by the Department of Law Enforcement in the crime laboratory or
  226  by the Division of State Fire Marshal in the forensic laboratory
  227  in one of the following classes:
  228         1. Forensic technologist (class code 8459);
  229         2. Crime laboratory technician (class code 8461);
  230         3. Crime laboratory analyst (class code 8463);
  231         4. Senior crime laboratory analyst (class code 8464);
  232         5. Crime laboratory analyst supervisor (class code 8466);
  233         6. Forensic chief (class code 9602); or
  234         7. Forensic services quality manager (class code 9603).
  235         (h)(j) Effective July 1, 2008, the member must be employed
  236  by a local government law enforcement agency or medical
  237  examiner’s office and must spend at least 65 percent of his or
  238  her time performing duties that involve the collection,
  239  examination, preservation, documentation, preparation, or
  240  analysis of human tissues or fluids or physical evidence having
  241  potential biological, chemical, or radiological hazard or
  242  contamination, or use chemicals, processes, or materials that
  243  may have carcinogenic or health-damaging properties in the
  244  analysis of such evidence, or the member must be the direct
  245  supervisor of one or more individuals having such
  246  responsibility. If a special risk member changes to another
  247  position within the same agency, he or she must submit a
  248  complete application as provided in paragraph (3)(a).
  249         (i)Effective July 1, 2010, special risk membership also
  250  includes a member who is a court deputy in the state court
  251  system and whose primary duties include transporting,
  252  controlling, and fingerprinting prisoners within the courthouse;
  253  maintaining care and control of juries; notifying court
  254  administration when larger courtrooms are needed, bringing
  255  judge’s supplies to the courtroom, announcing the judge and
  256  calling the court to order; and maintaining a safe and secure
  257  environment for the public in a courtroom setting.
  258  Administrative support personnel, including, but not limited to,
  259  those whose primary responsibilities are clerical or in
  260  accounting, purchasing, legal, and personnel, are not included.
  261         (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.—
  262         (b) Any member who is a special risk member on July 1,
  263  2008, and who became eligible to participate under paragraph
  264  (2)(f) (2)(h) but fails to meet the criteria for special risk
  265  membership under established by paragraph (2)(g) (2)(i) or
  266  paragraph (2)(h) (2)(j) shall have his or her special risk
  267  designation removed and thereafter shall be a Regular Class
  268  member and earn only Regular Class membership credit. The
  269  department may review the special risk designation of members to
  270  determine whether or not those members continue to meet the
  271  criteria for special risk membership.
  272         (9) CREDIT FOR UPGRADED SERVICE.—
  273         (c) Any member of the Special Risk Class who has earned
  274  creditable service in another membership class of the Florida
  275  Retirement System in a position with the Department of Law
  276  Enforcement or the Division of State Fire Marshal and became
  277  covered by the Special Risk Class as described in paragraph
  278  (2)(g) (2)(i), or with a local government law enforcement agency
  279  or medical examiner’s office and became covered by the Special
  280  Risk Class as described in paragraph (2)(h) (2)(j), which
  281  service is within the purview of the Special Risk Class, and is
  282  employed in such position on or after July 1, 2008, may purchase
  283  additional retirement credit to upgrade such service to Special
  284  Risk Class service, to the extent of the percentages of the
  285  member’s average final compensation provided in s.
  286  121.091(1)(a)2. The cost for such credit must shall be an amount
  287  representing the actuarial accrued liability for the difference
  288  in accrual value during the affected period of service. The cost
  289  shall be calculated using the discount rate and other relevant
  290  actuarial assumptions that were used to value the Florida
  291  Retirement System defined benefit plan liabilities in the most
  292  recent actuarial valuation. The Division of Retirement shall
  293  ensure that the transfer sum is prepared using a formula and
  294  methodology certified by an enrolled actuary. The cost must be
  295  paid immediately upon notification by the division. The local
  296  government employer may purchase the upgraded service credit on
  297  behalf of the member if the member has been employed by that
  298  employer for at least 3 years.
  299         Section 3. The Legislature finds that a proper and
  300  legitimate state interest is served when state court employees
  301  who are responsible for maintaining a safe and secure
  302  environment for staff and the public in a courtroom setting are
  303  classified as members of the special risk class of the Florida
  304  Retirement System. These persons must be provided benefits that
  305  are fair and adequate and that are managed, administered, and
  306  funded in an actuarially sound manner as required by s. 14,
  307  Article X of the State Constitution, and part VII of chapter
  308  112, Florida Statutes. Therefore, the Legislature determines and
  309  declares that the amendment of s. 121.0515, Florida Statutes,
  310  made by this act fulfills an important state interest.
  311         Section 4. This act shall take effect July 1, 2010.

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