Bill Text: FL S1996 | 2010 | Regular Session | Introduced

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Bill Title: FRS/Special Risk Class/Court Deputies [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1996 Detail]

Download: Florida-2010-S1996-Introduced.html

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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.