F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1089 2024
1 A bill to be entitled
2 An act relating to special risk class; amending s.
3 121.0515, F.S.; revising criteria for designation as a
4 member of the Special Risk Class of the Florida
5 Retirement System, as of a specified date; conforming
6 provisions to changes made by the act; reenacting ss.
7 121.021(12) and (15) and 121.122(3)(a), F.S., relating
8 to the definitions of the terms "member" and "special
9 risk member" or "Special Risk Class member,"
10 respectively, and to renewed membership in the Florida
11 Retirement System, to incorporate the amendments made
12 to s. 121.0515, F.S., in references thereto; providing
13 a statement of important state interest; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (h) of subsection (2), subsection
19 (3), and paragraph (d) of subsection (8) of section 121.0515,
20 Florida Statutes, are amended to read:
21 121.0515 Special Risk Class.—
22 (2) MEMBERSHIP.—
23 (h) Effective August 1, 2008, "special risk member"
24 includes any member who meets the special criteria for continued
25 membership set forth in paragraph (3)(k) (3)(j).
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26 (3) CRITERIA.—A member, to be designated as a special risk
27 member, must meet the following criteria:
28 (a) Effective October 1, 1978, the member must be employed
29 as a law enforcement officer and be certified, or required to be
30 certified, in compliance with s. 943.1395; however, sheriffs and
31 elected police chiefs are excluded from meeting the
32 certification requirements of this paragraph. In addition, the
33 member's duties and responsibilities must include the pursuit,
34 apprehension, and arrest of law violators or suspected law
35 violators; or as of July 1, 1982, the member must be an active
36 member of a bomb disposal unit whose primary responsibility is
37 the location, handling, and disposal of explosive devices; or
38 the member must be the supervisor or command officer of a member
39 or members who have such responsibilities. Administrative
40 support personnel, including, but not limited to, those whose
41 primary duties and responsibilities are in accounting,
42 purchasing, legal, and personnel, are not included;
43 (b) Effective October 1, 1978, the member must be employed
44 as a firefighter and be certified, or required to be certified,
45 in compliance with s. 633.408 and be employed solely within the
46 fire department of a local government employer or an agency of
47 state government with firefighting responsibilities. In
48 addition, the member's duties and responsibilities must include
49 on-the-scene fighting of fires; as of October 1, 2001, fire
50 prevention or firefighter training; as of October 1, 2001,
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51 direct supervision of firefighting units, fire prevention, or
52 firefighter training; or as of July 1, 2001, aerial fir efighting
53 surveillance performed by fixed-wing aircraft pilots employed by
54 the Florida Forest Service of the Department of Agriculture and
55 Consumer Services; or the member must be the supervisor or
56 command officer of a member or members who have such
57 responsibilities. Administrative support personnel, including,
58 but not limited to, those whose primary duties and
59 responsibilities are in accounting, purchasing, legal, and
60 personnel, are not included. All periods of creditable service
61 in fire prevention or firefighter training, or as the supervisor
62 or command officer of a member or members who have such
63 responsibilities, and for which the employer paid the special
64 risk contribution rate, are included;
65 (c) Effective October 1, 1978, the member must be employed
66 as a correctional officer and be certified, or required to be
67 certified, in compliance with s. 943.1395. In addition, the
68 member's primary duties and responsibilities must be the
69 custody, and physical restraint when necessary, of prisoners or
70 inmates within a prison, jail, or other criminal detention
71 facility, or while on work detail outside the facility, or while
72 being transported; or as of July 1, 1984, the member must be the
73 supervisor or command officer of a member or members who have
74 such responsibilities. Administrative support personnel,
75 including, but not limited to, those whose primary duties and
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76 responsibilities are in accounting, purchasing, legal, and
77 personnel, are not included with the exception of those meeting
78 the criteria established in paragraph (j); however, wardens and
79 assistant wardens, as defined by rule, are included;
80 (d) Effective October 1, 1999, the member must be employed
81 by a licensed Advance Life Support (ALS) or Basic Life Support
82 (BLS) employer as an emergency medical technician or a paramedic
83 and be certified in compliance with s. 401.27. In addition, the
84 member's primary duties and responsibilities must include on -
85 the-scene emergency medical care or as of October 1, 2001,
86 direct supervision of emergency medical technicians o r
87 paramedics, or the member must be the supervisor or command
88 officer of one or more members who have such responsibility.
89 Administrative support personnel, including, but not limited to,
90 those whose primary responsibilities are in accounting,
91 purchasing, legal, and personnel, are not included;
92 (e) Effective January 1, 2001, the member must be employed
93 as a community-based correctional probation officer and be
94 certified, or required to be certified, in compliance with s.
95 943.1395. In addition, the member's primary duties and
96 responsibilities must be the supervised custody, surveillance,
97 control, investigation, and counseling of assigned inmates,
98 probationers, parolees, or community controllees within the
99 community; or the member must be the supervisor of a member or
100 members who have such responsibilities. Administrative support
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101 personnel, including, but not limited to, those whose primary
102 duties and responsibilities are in accounting, purchasing, legal
103 services, and personnel management, are not included; h owever,
104 probation and parole circuit and deputy circuit administrators
105 are included;
106 (f) Effective January 1, 2001, the member must be employed
107 in one of the following classes and must spend at least 75
108 percent of his or her time performing duties which involve
109 contact with patients or inmates in a correctional or forensic
110 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);
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126 15. Clinical associate (class codes 5298 and 5299);
127 16. Advanced practice registered nurse (class codes 5297
128 and 5300);
129 17. Advanced practice registered nurse specialist (class
130 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) Effective October 1, 2005, through June 30, 2008, the
144 member must be employed by a law enforcement agency or medical
145 examiner's office in a forensic discipline recognized by the
146 International Association for Identification and must qualify
147 for active membership in the International Association for
148 Identification. The member's primary duties and responsibilities
149 must include the collection, examination, preservation,
150 documentation, preparation, or analysis of physical evidence or
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151 testimony, or both, or the member must be the direct supervisor,
152 quality management supervisor, or command officer of one or more
153 individuals with such responsibility. Administrative support
154 personnel, including, but not limited to, those whose primary
155 responsibilities are clerical or in accounting, purchasing,
156 legal, and personnel, are not included;
157 (h) Effective July 1, 2008, the member must be employed by
158 the Department of Law Enforcement in the crime laboratory or by
159 the Division of State Fire Marshal in the forensic laboratory in
160 one of the following classes:
161 1. Forensic technologist (class code 8459);
162 2. Crime laboratory technician (class code 8461);
163 3. Crime laboratory analyst (class code 8463);
164 4. Senior crime laboratory analyst (class code 8464);
165 5. Crime laboratory analyst supervisor (class code 8466);
166 6. Forensic chief (class code 9602); or
167 7. Forensic services quality manager (class code 9603);
168 (i) Effective July 1, 2008, the member must be employed by
169 a local government law enforcement agency or medical examiner's
170 office and must spend at least 65 percent of his or her time
171 performing duties that involve the collection, examination,
172 preservation, documentation, preparation, or analysis of human
173 tissues or fluids or physical evidence having potential
174 biological, chemical, or radiological hazard or contamination,
175 or use chemicals, processes, or materials that may have
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176 carcinogenic or health-damaging properties in the analysis of
177 such evidence, or the member must be the direct supervisor of
178 one or more individuals having such responsibility. If a special
179 risk member changes to another position within the same agency,
180 he or she must submit a complete application as provided in
181 paragraph (4)(a); or
182 (j) Effective July 1, 2024, the member must be employed in
183 any of the following classes and must spend at least 75 percent
184 of his or her time performing duties that involve contact with
185 inmates:
186 1. Vocational instructor III - F/C (class code 1315).
187 2. Government analyst I (class code 2224), at a private
188 facility.
189 3. Government operations consultant II (class code 2236).
190 4. Library technical assistant I (class code 4303).
191 5. Engineering technician IV (class code 4612).
192 6. Wellness education specialist I - F/C (class code
193 5567).
194 7. Chaplain - F/C (class code 5819).
195 8. Senior chaplain F/C (class code 5823).
196 9. Counseling and social services supervisor I - F/C - SES
197 (class code 5947).
198 10. Social services counselor - F/C (class code 5960).
199 11. Staff interpreter/translator (class code 5988).
200 12. Instructional assistant I (class code 6071).
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201 13. Utilities supervisor - HAC/UP - F/C - SES (class code
202 6352).
203 14. Maintenance and construction superintendent - SES
204 (class code 6387).
205 15. Plumber (class code 6441).
206 16. Master electrician (class code 6446).
207 17. Senior refrigeration mechanic (class code 6454).
208 18. Senior maintenance mechanic (class code 6467).
209 19. Maintenance mechanic - F/C (class code 6469).
210 20. Automotive equipment maintenance superintendent - SES
211 (class code 6542).
212 21. Electronic technician II (class code 7234).
213 22. Correctional probation senior officer - INSTITUTION
214 (class code 8041).
215 23.