Florida 2024 Regular Session

Florida House Bill H1089 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to special risk class; amending s. 2
16	16	121.0515, F.S.; revising criteria for designation as a 3
17	17	member of the Special Risk Class of the Florida 4
18	18	Retirement System, as of a specified date; conforming 5
19	19	provisions to changes made by the act; reenacting ss. 6
20	20	121.021(12) and (15) and 121.122(3)(a), F.S., relating 7
21	21	to the definitions of the terms "member" and "special 8
22	22	risk member" or "Special Risk Class mem ber," 9
23	23	respectively, and to renewed membership in the Florida 10
24	24	Retirement System, to incorporate the amendments made 11
25	25	to s. 121.0515, F.S., in references thereto; providing 12
26	26	a statement of important state interest; providing an 13
27	27	effective date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Paragraph (h) of subsection (2), subsection 18
32	32	(3), and paragraph (d) of subsection (8) of section 121.0515, 19
33	33	Florida Statutes, are amended to read: 20
34	34	121.0515 Special Risk Class. — 21
35	35	(2) MEMBERSHIP.— 22
36	36	(h) Effective August 1, 2008, "special risk member" 23
37	37	includes any member who meets the special criteria for continued 24
38	38	membership set forth in paragraph (3)(k) (3)(j). 25
39	39
40	40	HB 1089 2024
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47	47	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
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51	51	(3) CRITERIA.—A member, to be designated as a special risk 26
52	52	member, must meet the following criteria: 27
53	53	(a) Effective October 1, 1978, the member must be employed 28
54	54	as a law enforcement officer and be certified, or required to be 29
55	55	certified, in compliance with s. 943.1395; however, sheriffs and 30
56	56	elected police chiefs are excluded from meeti ng the 31
57	57	certification requirements of this paragraph. In addition, the 32
58	58	member's duties and responsibilities must include the pursuit, 33
59	59	apprehension, and arrest of law violators or suspected law 34
60	60	violators; or as of July 1, 1982, the member must be an active 35
61	61	member of a bomb disposal unit whose primary responsibility is 36
62	62	the location, handling, and disposal of explosive devices; or 37
63	63	the member must be the supervisor or command officer of a member 38
64	64	or members who have such responsibilities. Administrative 39
65	65	support personnel, including, but not limited to, those whose 40
66	66	primary duties and responsibilities are in accounting, 41
67	67	purchasing, legal, and personnel, are not included; 42
68	68	(b) Effective October 1, 1978, the member must be employed 43
69	69	as a firefighter and be certified, or required to be certified, 44
70	70	in compliance with s. 633.408 and be employed solely within the 45
71	71	fire department of a local government employer or an agency of 46
72	72	state government with firefighting responsibilities. In 47
73	73	addition, the member's duties and responsibi lities must include 48
74	74	on-the-scene fighting of fires; as of October 1, 2001, fire 49
75	75	prevention or firefighter training; as of October 1, 2001, 50
76	76
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84	84	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
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86	86
87	87
88	88	direct supervision of firefighting units, fire prevention, or 51
89	89	firefighter training; or as of July 1, 2001, aerial fir efighting 52
90	90	surveillance performed by fixed -wing aircraft pilots employed by 53
91	91	the Florida Forest Service of the Department of Agriculture and 54
92	92	Consumer Services; or the member must be the supervisor or 55
93	93	command officer of a member or members who have such 56
94	94	responsibilities. Administrative support personnel, including, 57
95	95	but not limited to, those whose primary duties and 58
96	96	responsibilities are in accounting, purchasing, legal, and 59
97	97	personnel, are not included. All periods of creditable service 60
98	98	in fire prevention or fir efighter training, or as the supervisor 61
99	99	or command officer of a member or members who have such 62
100	100	responsibilities, and for which the employer paid the special 63
101	101	risk contribution rate, are included; 64
102	102	(c) Effective October 1, 1978, the member must be employed 65
103	103	as a correctional officer and be certified, or required to be 66
104	104	certified, in compliance with s. 943.1395. In addition, the 67
105	105	member's primary duties and responsibilities must be the 68
106	106	custody, and physical restraint when necessary, of prisoners or 69
107	107	inmates within a prison, jail, or other criminal detention 70
108	108	facility, or while on work detail outside the facility, or while 71
109	109	being transported; or as of July 1, 1984, the member must be the 72
110	110	supervisor or command officer of a member or members who have 73
111	111	such responsibilities. Administrative support personnel, 74
112	112	including, but not limited to, those whose primary duties and 75
113	113
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121	121	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
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123	123
124	124
125	125	responsibilities are in accounting, purchasing, legal, and 76
126	126	personnel, are not included with the exception of those meeting 77
127	127	the criteria established in par agraph (j); however, wardens and 78
128	128	assistant wardens, as defined by rule, are included; 79
129	129	(d) Effective October 1, 1999, the member must be employed 80
130	130	by a licensed Advance Life Support (ALS) or Basic Life Support 81
131	131	(BLS) employer as an emergency medical technic ian or a paramedic 82
132	132	and be certified in compliance with s. 401.27. In addition, the 83
133	133	member's primary duties and responsibilities must include on -84
134	134	the-scene emergency medical care or as of October 1, 2001, 85
135	135	direct supervision of emergency medical technicians o r 86
136	136	paramedics, or the member must be the supervisor or command 87
137	137	officer of one or more members who have such responsibility. 88
138	138	Administrative support personnel, including, but not limited to, 89
139	139	those whose primary responsibilities are in accounting, 90
140	140	purchasing, legal, and personnel, are not included; 91
141	141	(e) Effective January 1, 2001, the member must be employed 92
142	142	as a community-based correctional probation officer and be 93
143	143	certified, or required to be certified, in compliance with s. 94
144	144	943.1395. In addition, the member' s primary duties and 95
145	145	responsibilities must be the supervised custody, surveillance, 96
146	146	control, investigation, and counseling of assigned inmates, 97
147	147	probationers, parolees, or community controllees within the 98
148	148	community; or the member must be the supervisor of a member or 99
149	149	members who have such responsibilities. Administrative support 100
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158	158	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
159	159
160	160
161	161
162	162	personnel, including, but not limited to, those whose primary 101
163	163	duties and responsibilities are in accounting, purchasing, legal 102
164	164	services, and personnel management, are not included; h owever, 103
165	165	probation and parole circuit and deputy circuit administrators 104
166	166	are included; 105
167	167	(f) Effective January 1, 2001, the member must be employed 106
168	168	in one of the following classes and must spend at least 75 107
169	169	percent of his or her time performing duties which involve 108
170	170	contact with patients or inmates in a correctional or forensic 109
171	171	facility or institution: 110
172	172	1. Dietitian (class codes 5203 and 5204); 111
173	173	2. Public health nutrition consultant (class code 5224); 112
174	174	3. Psychological specialist (class codes 5230 and 5231); 113
175	175	4. Psychologist (class code 5234); 114
176	176	5. Senior psychologist (class codes 5237 and 5238); 115
177	177	6. Regional mental health consultant (class code 5240); 116
178	178	7. Psychological Services Director —DCF (class code 5242); 117
179	179	8. Pharmacist (class codes 5245 and 52 46); 118
180	180	9. Senior pharmacist (class codes 5248 and 5249); 119
181	181	10. Dentist (class code 5266); 120
182	182	11. Senior dentist (class code 5269); 121
183	183	12. Registered nurse (class codes 5290 and 5291); 122
184	184	13. Senior registered nurse (class codes 5292 and 5293); 123
185	185	14. Registered nurse specialist (class codes 5294 and 124
186	186	5295); 125
187	187
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195	195	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
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197	197
198	198
199	199	15. Clinical associate (class codes 5298 and 5299); 126
200	200	16. Advanced practice registered nurse (class codes 5297 127
201	201	and 5300); 128
202	202	17. Advanced practice registered nurse specialist (class 129
203	203	codes 5304 and 5305); 130
204	204	18. Registered nurse supervisor (class codes 5306 and 131
205	205	5307); 132
206	206	19. Senior registered nurse supervisor (class codes 5308 133
207	207	and 5309); 134
208	208	20. Registered nursing consultant (class codes 5312 and 135
209	209	5313); 136
210	210	21. Quality management program supervisor (class code 137
211	211	5314); 138
212	212	22. Executive nursing director (class codes 5320 and 139
213	213	5321); 140
214	214	23. Speech and hearing therapist (class code 5406); or 141
215	215	24. Pharmacy manager (class code 5251); 142
216	216	(g) Effective October 1, 2005, through June 30, 2008, the 143
217	217	member must be employed by a law enforcement agency or medical 144
218	218	examiner's office in a forensic discipline recognized by the 145
219	219	International Association for Identification and must qualify 146
220	220	for active membership in the International Association for 147
221	221	Identification. The member's primary duties and responsibilities 148
222	222	must include the collection, examination, preservation, 149
223	223	documentation, preparation, or analysis of physical evidence or 150
224	224
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232	232	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
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236	236	testimony, or both, or the member must be the direct supervisor, 151
237	237	quality management supervisor, or command officer of one or more 152
238	238	individuals with such responsibility. Administrative support 153
239	239	personnel, including, but not limited to, those whose primary 154
240	240	responsibilities are clerical or in accounting, purchasing, 155
241	241	legal, and personnel, are not included; 156
242	242	(h) Effective July 1, 2008, the member must be employed by 157
243	243	the Department of Law Enforcement in the crime laboratory or by 158
244	244	the Division of State Fire Marshal in the forensic laboratory in 159
245	245	one of the following classes: 160
246	246	1. Forensic technologist (class code 8459); 161
247	247	2. Crime laboratory technician (class code 8461); 162
248	248	3. Crime laboratory analyst (class code 8463); 163
249	249	4. Senior crime laboratory analyst (class code 8464); 164
250	250	5. Crime laboratory analyst supervisor (class code 8466); 165
251	251	6. Forensic chief (class code 9602); or 166
252	252	7. Forensic services quality manager (class code 9603); 167
253	253	(i) Effective July 1, 2008, the member must be employed by 168
254	254	a local government law enforcement agency or medical examiner's 169
255	255	office and must spend at least 65 percent of his or her time 170
256	256	performing duties that involve the collection, examination, 171
257	257	preservation, documentation, preparation, or analysis of human 172
258	258	tissues or fluids or physical evidence having potential 173
259	259	biological, chemical, or radiological hazard or contamination, 174
260	260	or use chemicals, processes, or materials that may have 175
261	261
262	262	HB 1089 2024
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269	269	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
270	270
271	271
272	272
273	273	carcinogenic or health -damaging properties in the analysis of 176
274	274	such evidence, or the member must be the direct supervisor of 177
275	275	one or more individuals having such responsibility. If a special 178
276	276	risk member changes to another position wi thin the same agency, 179
277	277	he or she must submit a complete application as provided in 180
278	278	paragraph (4)(a); or 181
279	279	(j) Effective July 1, 2024, the member must be employed in 182
280	280	any of the following classes and must spend at least 75 percent 183
281	281	of his or her time performin g duties that involve contact with 184
282	282	inmates: 185
283	283	1. Vocational instructor III - F/C (class code 1315). 186
284	284	2. Government analyst I (class code 2224), at a private 187
285	285	facility. 188
286	286	3. Government operations consultant II (class code 2236). 189
287	287	4. Library technical assis tant I (class code 4303). 190
288	288	5. Engineering technician IV (class code 4612). 191
289	289	6. Wellness education specialist I - F/C (class code 192
290	290	5567). 193
291	291	7. Chaplain - F/C (class code 5819). 194
292	292	8. Senior chaplain F/C (class code 5823). 195
293	293	9. Counseling and social services supervisor I - F/C - SES 196
294	294	(class code 5947). 197
295	295	10. Social services counselor - F/C (class code 5960). 198
296	296	11. Staff interpreter/translator (class code 5988). 199
297	297	12. Instructional assistant I (class code 6071). 200
298	298
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306	306	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
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310	310	13. Utilities supervisor - HAC/UP - F/C - SES (class code 201
311	311	6352). 202
312	312	14. Maintenance and construction superintendent - SES 203
313	313	(class code 6387). 204
314	314	15. Plumber (class code 6441). 205
315	315	16. Master electrician (class code 6446). 206
316	316	17. Senior refrigeration mechanic (class code 6454). 207
317	317	18. Senior maintenance mechan ic (class code 6467). 208
318	318	19. Maintenance mechanic - F/C (class code 6469). 209
319	319	20. Automotive equipment maintenance superintendent - SES 210
320	320	(class code 6542). 211
321	321	21. Electronic technician II (class code 7234). 212
322	322	22. Correctional probation senior officer - INSTITUTION 213
323	323	(class code 8041). 214
324	324	23. Classification officer (class code 8051). 215
325	325	24. Senior classification officer (class code 8052). 216
326	326	25. Classification supervisor (class code 8053). 217
327	327	26. Correctional services consultant (class code 8058), 218
328	328	assigned to a reception center. 219
329	329	27. Placement and transition specialist (class code 8081). 220
330	330	28. Education supervisor I - SES (class code 8082). 221
331	331	29. Education supervisor II - SES (class code 8083). 222
332	332	30. Vocational teacher - EJT (class code 8085). 223
333	333	31. Academic teacher (class code 8093). 224
334	334	32. Correctional Services Administrator – SES (class code 225
335	335
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343	343	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
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347	347	8058). 226
348	348	33. Correctional programs consultant (class code 8094). 227
349	349	34. Special education teacher (class code 9095); or 228
350	350	(k) The member must have already qualified for and be 229
351	351	actively participating in special risk membership under 230
352	352	paragraph (a), paragraph (b), or paragraph (c), must have 231
353	353	suffered a qualifying injury as defined in this paragraph, must 232
354	354	not be receiving disabilit y retirement benefits as provided in 233
355	355	s. 121.091(4), and must satisfy the requirements of this 234
356	356	paragraph. 235
357	357	1. The ability to qualify for the class of membership 236
358	358	defined in paragraph (2)(h) occurs when two licensed medical 237
359	359	physicians, one of whom is a prima ry treating physician of the 238
360	360	member, certify the existence of the physical injury and medical 239
361	361	condition that constitute a qualifying injury as defined in this 240
362	362	paragraph and that the member has reached maximum medical 241
363	363	improvement after August 1, 2008. The c ertifications from the 242
364	364	licensed medical physicians must include, at a minimum, that the 243
365	365	injury to the special risk member has resulted in a physical 244
366	366	loss, or loss of use, of at least two of the following: left 245
367	367	arm, right arm, left leg, or right leg; and: 246
368	368	a. That this physical loss or loss of use is total and 247
369	369	permanent, except if the loss of use is due to a physical injury 248
370	370	to the member's brain, in which event the loss of use is 249
371	371	permanent with at least 75 percent loss of motor function with 250
372	372
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380	380	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
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382	382
383	383
384	384	respect to each arm or leg affected. 251
385	385	b. That this physical loss or loss of use renders the 252
386	386	member physically unable to perform the essential job functions 253
387	387	of his or her special risk position. 254
388	388	c. That, notwithstanding this physical loss or loss of 255
389	389	use, the individual can perform the essential job functions 256
390	390	required by the member's new position, as provided in 257
391	391	subparagraph 3. 258
392	392	d. That use of artificial limbs is not possible or does 259
393	393	not alter the member's ability to perform the essential job 260
394	394	functions of the member's po sition. 261
395	395	e. That the physical loss or loss of use is a direct 262
396	396	result of a physical injury and not a result of any mental, 263
397	397	psychological, or emotional injury. 264
398	398	2. For the purposes of this paragraph, "qualifying injury" 265
399	399	means an injury sustained in the lin e of duty, as certified by 266
400	400	the member's employing agency, by a special risk member that 267
401	401	does not result in total and permanent disability as defined in 268
402	402	s. 121.091(4)(b). An injury is a qualifying injury if the injury 269
403	403	is a physical injury to the member's ph ysical body resulting in 270
404	404	a physical loss, or loss of use, of at least two of the 271
405	405	following: left arm, right arm, left leg, or right leg. 272
406	406	Notwithstanding any other provision of this section, an injury 273
407	407	that would otherwise qualify as a qualifying injury is n ot 274
408	408	considered a qualifying injury if and when the member ceases 275
409	409
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417	417	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
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421	421	employment with the employer for whom he or she was providing 276
422	422	special risk services on the date the injury occurred. 277
423	423	3. The new position, as described in sub -subparagraph 278
424	424	1.c., that is required for qualification as a special risk 279
425	425	member under this paragraph is not required to be a position 280
426	426	with essential job functions that entitle an individual to 281
427	427	special risk membership. Whether a new position as described in 282
428	428	sub-subparagraph 1.c. exists and is available to the special 283
429	429	risk member is a decision to be made solely by the employer in 284
430	430	accordance with its hiring practices and applicable law. 285
431	431	4. This paragraph does not grant or create additional 286
432	432	rights for any individual to continued employment o r to be hired 287
433	433	or rehired by his or her employer that are not already provided 288
434	434	within the Florida Statutes, the State Constitution, the 289
435	435	Americans with Disabilities Act, if applicable, or any other 290
436	436	applicable state or federal law. 291
437	437	(8) SPECIAL RISK ADMINIST RATIVE SUPPORT CLASS. — 292
438	438	(d) Notwithstanding any other provision of this 293
439	439	subsection, this subsection does not apply to any special risk 294
440	440	member who qualifies for continued membership pursuant to 295
441	441	paragraph (3)(k) (3)(j). 296
442	442	Section 2. For the purpose of inc orporating the amendment 297
443	443	made by this act to section 121.0515, Florida Statutes, in 298
444	444	references thereto, subsections (12) and (15) of section 299
445	445	121.021, Florida Statutes, are reenacted to read: 300
446	446
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454	454	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
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457	457
458	458	121.021 Definitions. —The following words and phrases as 301
459	459	used in this chapter have the respective meanings set forth 302
460	460	unless a different meaning is plainly required by the context: 303
461	461	(12) "Member" means any officer or employee who is covered 304
462	462	or who becomes covered under this system in accordance with this 305
463	463	chapter. On and after December 1, 1970, all new members and 306
464	464	those members transferring from existing systems shall be 307
465	465	divided into the following classes: "Special Risk Class," as 308
466	466	provided in s. 121.0515; "Special Risk Administrative Support 309
467	467	Class," as provided in s. 121 .0515(8); "Elected Officers' 310
468	468	Class," as provided in s. 121.052; "Senior Management Service 311
469	469	Class," as provided in s. 121.055; and "Regular Class," which 312
470	470	consists of all members who are not in the Special Risk Class, 313
471	471	Special Risk Administrative Support Clas s, Elected Officers' 314
472	472	Class, or Senior Management Service Class. 315
473	473	(15) "Special risk member" or "Special Risk Class member" 316
474	474	means a member of the Florida Retirement System who meets the 317
475	475	eligibility and criteria required under s. 121.0515 for 318
476	476	participation in the Special Risk Class. 319
477	477	Section 3. For the purpose of incorporating the amendment 320
478	478	made by this act to section 121.0515, Florida Statutes, in 321
479	479	references thereto, paragraph (a) of subsection (3) of section 322
480	480	121.122, Florida Statutes, is reenacted to re ad: 323
481	481	121.122 Renewed membership in system. — 324
482	482	(3) A retiree of the investment plan, the State University 325
483	483
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491	491	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
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494	494
495	495	System Optional Retirement Program, the Senior Management 326
496	496	Service Optional Annuity Program, or the State Community College 327
497	497	System Optional Retirement Program who is reemployed with a 328
498	498	covered employer in a regularly established position on or after 329
499	499	July 1, 2017, shall be enrolled as a renewed member of the 330
500	500	investment plan unless employed in a position eligible for 331
501	501	participation in the State University Sy stem Optional Retirement 332
502	502	Program as provided in subsection (4) or the State Community 333
503	503	College System Optional Retirement Program as provided in 334
504	504	subsection (5). The renewed member must satisfy the vesting 335
505	505	requirements and other provisions of this chapter. 336
506	506	(a) A renewed member of the investment plan shall be 337
507	507	enrolled in one of the following membership classes: 338
508	508	1. In the Regular Class, if the position does not meet the 339
509	509	requirements for membership under s. 121.0515, s. 121.053, or s. 340
510	510	121.055. 341
511	511	2. In the Special Risk Class, if the position meets the 342
512	512	requirements of s. 121.0515. 343
513	513	3. In the Elected Officers' Class, if the position meets 344
514	514	the requirements of s. 121.053. 345
515	515	4. In the Senior Management Service Class, if the position 346
516	516	meets the requirements of s. 121.055. 347
517	517	Section 4. The Legislature finds that a proper and 348
518	518	legitimate state purpose is served when employees and retirees 349
519	519	of the state and its political subdivisions, and the dependents, 350
520	520
521	521	HB 1089 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1089-00
527	527	Page 15 of 15
528	528	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
529	529
530	530
531	531
532	532	survivors, and beneficiaries of such employees and retirees, are 351
533	533	extended the basic protections afforded by governmental 352
534	534	retirement systems. These persons must be provided benefits that 353
535	535	are fair and adequate and that are managed, administered, and 354
536	536	funded in an actuarially sound manner as required by s. 14, 355
537	537	Article X of the State Constitution and part VII of chapter 112, 356
538	538	Florida Statutes. Therefore, the Legislature determines and 357
539	539	declares that this act fulfills an important state interest. 358
540	540	Section 5. This act shall take effect July 1, 2024. 359