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