Bill Text: FL H1315 | 2010 | Regular Session | Introduced

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Bill Title: Florida Retirement System

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H1315 Detail]

Download: Florida-2010-H1315-Introduced.html

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HB 1315

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.

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