THE BILL ITSELF
HB 1289
Special Risk Class
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A bill to be entitled
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An act relating to the special risk class; amending s.
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121.0515, F.S.; revising the Special Risk Class member
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criteria to include members employed as certain
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prosecutors and special investigators; providing the
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years of creditable service for full retirement
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eligibility; making technical changes; amending ss.
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121.052 and 121.055, F.S.; conforming provisions to
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changes made by the act; providing a declaration of
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important state interest; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (h) of subsection (2), subsection (3), and paragraph (d) of subsection (8) of section 121.0515,
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Florida Statutes, are amended to read:
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121.0515 Special Risk Class.—
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(2) MEMBERSHIP.—
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(h) Effective August 1, 2008, "special risk member"
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includes any member who meets the special criteria for continued
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membership set forth in paragraph (3)(k) (3)(j).
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(3) CRITERIA.—A member, to be designated as a special risk
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member, must meet the following criteria:
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(a) Effective October 1, 1978, the member must be employed
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as a law enforcement officer and be certified, or required to be
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certified, in compliance with s. 943.1395, except that; however,
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sheriffs and elected police chiefs are not required to be
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certified excluded from meeting the certification requirements
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of this paragraph. In addition, the member's duties and
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responsibilities must include the pursuit, apprehension, and
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arrest of law violators or suspected law violators; or as of
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July 1, 1982, the member must be an active member of a bomb
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disposal unit whose primary responsibility is the location,
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handling, and disposal of explosive devices; or the member must
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be the supervisor or command officer of a member or members who
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have such responsibilities. Administrative support personnel,
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including, but not limited to, those whose primary duties and
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responsibilities are in accounting, purchasing, legal, and
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personnel, are not included;
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(b) Effective October 1, 1978, the member must be employed
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as a firefighter and be certified, or required to be certified,
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in compliance with s. 633.408 and be employed solely within the
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fire department of a local government employer or an agency of
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state government with firefighting responsibilities. In
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addition, the member's duties and responsibilities must include
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on-the-scene fighting of fires; as of October 1, 2001, fire
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prevention or firefighter training; as of October 1, 2001,
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direct supervision of firefighting units, fire prevention, or
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firefighter training; or as of July 1, 2001, aerial firefighting
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surveillance performed by fixed-wing aircraft pilots employed by
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the Florida Forest Service of the Department of Agriculture and
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Consumer Services; or the member must be the supervisor or
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command officer of a member or members who have such
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responsibilities. Administrative support personnel, including,
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but not limited to, those whose primary duties and
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responsibilities are in accounting, purchasing, legal, and
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personnel, are not included. All periods of creditable service
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in fire prevention or firefighter training, or as the supervisor
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or command officer of a member or members who have such
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responsibilities, and for which the employer paid the special
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risk contribution rate, are included;
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(c) Effective October 1, 1978, the member must be employed
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as a correctional officer and be certified, or required to be
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certified, in compliance with s. 943.1395. In addition, the
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member's primary duties and responsibilities must be the
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custody, and physical restraint if when necessary, of prisoners
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or inmates within a prison, jail, or other criminal detention
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facility, or while on work detail outside the facility, or while
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being transported; or as of July 1, 1984, the member must be the
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supervisor or command officer of a member or members who have
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such responsibilities. Administrative support personnel,
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including, but not limited to, those whose primary duties and
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responsibilities are in accounting, purchasing, legal, and
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personnel, are not included; however, wardens and assistant
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wardens, as defined by rule, are included;
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(d) Effective October 1, 1999, the member must be employed
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by a licensed Advance Life Support (ALS) or Basic Life Support
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(BLS) employer as an emergency medical technician or a paramedic
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and be certified in compliance with s. 401.27. In addition, the
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member's primary duties and responsibilities must include on-
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the-scene emergency medical care or as of October 1, 2001,
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direct supervision of emergency medical technicians or
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paramedics, or the member must be the supervisor or command
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officer of one or more members who have such responsibility.
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Administrative support personnel, including, but not limited to,
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those whose primary responsibilities are in accounting,
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purchasing, legal, and personnel, are not included;
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(e) Effective January 1, 2001, the member must be employed
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as a community-based correctional probation officer and be
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certified, or required to be certified, in compliance with s.
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943.1395. In addition, the member's primary duties and
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responsibilities must be the supervised custody, surveillance,
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control, investigation, and counseling of assigned inmates,
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probationers, parolees, or community controllees within the
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community; or the member must be the supervisor of a member or
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members who have such responsibilities. Administrative support
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personnel, including, but not limited to, those whose primary
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duties and responsibilities are in accounting, purchasing, legal
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services, and personnel management, are not included; however,
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probation and parole circuit and deputy circuit administrators
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are included;
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(f) Effective January 1, 2001, the member must be employed
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in one of the following classes and must spend at least 75
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percent of his or her time performing duties that which involve
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contact with patients or inmates in a correctional or forensic
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facility or institution:
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1. Dietitian (class codes 5203 and 5204);
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2. Public health nutrition consultant (class code 5224);
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3. Psychological specialist (class codes 5230 and 5231);
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4. Psychologist (class code 5234);
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5. Senior psychologist (class codes 5237 and 5238);
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6. Regional mental health consultant (class code 5240);
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7. Psychological Services Director—DCF (class code 5242);
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8. Pharmacist (class codes 5245 and 5246);
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9. Senior pharmacist (class codes 5248 and 5249);
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10. Dentist (class code 5266);
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11. Senior dentist (class code 5269);
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12. Registered nurse (class codes 5290 and 5291);
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13. Senior registered nurse (class codes 5292 and 5293);
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14. Registered nurse specialist (class codes 5294 and
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5295);
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15. Clinical associate (class codes 5298 and 5299);
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16. Advanced practice registered nurse (class codes 5297
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and 5300);
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17. Advanced practice registered nurse specialist (class
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codes 5304 and 5305);
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18. Registered nurse supervisor (class codes 5306 and
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5307);
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19. Senior registered nurse supervisor (class codes 5308
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and 5309);
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20. Registered nursing consultant (class codes 5312 and
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5313);
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21. Quality management program supervisor (class code
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5314);
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22. Executive nursing director (class codes 5320 and
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5321);
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23. Speech and hearing therapist (class code 5406); or
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24. Pharmacy manager (class code 5251);
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(g) Effective October 1, 2005, through June 30, 2008, the
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member must be employed by a law enforcement agency or medical
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examiner's office in a forensic discipline recognized by the
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International Association for Identification and must qualify
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for active membership in the International Association for
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Identification. The member's primary duties and responsibilities
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must include the collection, examination, preservation,
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documentation, preparation, or analysis of physical evidence or
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testimony, or both, or the member must be the direct supervisor,
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quality management supervisor, or command officer of one or more
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individuals with such responsibility. Administrative support
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personnel, including, but not limited to, those whose primary
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responsibilities are clerical or in accounting, purchasing,
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legal, and personnel, are not included;
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(h) Effective July 1, 2008, the member must be employed by
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the Department of Law Enforcement in the crime laboratory or by
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the Department of Financial Services in the forensic laboratory
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in one of the following classes:
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1. Forensic technologist (class code 8459);
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2. Crime laboratory technician (class code 8461);
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3. Crime laboratory analyst (class code 8463);
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4. Senior crime laboratory analyst (class code 8464);
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5. Crime laboratory analyst supervisor (class code 8466);
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6. Forensic chief (class code 9602); or
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7. Forensic services quality manager (class code 9603);
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(i) Effective July 1, 2008, the member must be employed by
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a local government law enforcement agency or medical examiner's
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office and must spend at least 65 percent of his or her time
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performing duties that involve the collection, examination,
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preservation, documentation, preparation, or analysis of human
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tissues or fluids or physical evidence having potential
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biological, chemical, or radiological hazard or contamination,
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or use chemicals, processes, or materials that may have
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carcinogenic or health-damaging properties in the analysis of
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such evidence, or the member must be the direct supervisor of
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one or more individuals having such responsibility. If a special
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risk member changes to another position within the same agency,
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he or she must submit a complete application as provided in
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paragraph (4)(a); or
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(j) Effective July 1, 2026, the member must be employed as
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a state attorney as defined in s. 542.17(7), the statewide
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prosecutor as described in s. 16.56, an assistant statewide
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prosecutor as designated under s. 16.56(3), or a special
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investigator as defined in s. 27.251. The number of creditable
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years for full retirement eligibility for such member shall be
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30 years without penalty; or
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(k) The member must have already qualified for and be
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actively participating in special risk membership under
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paragraph (a), paragraph (b), or paragraph (c), must have
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suffered a qualifying injury as defined in this paragraph, must
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not be receiving disability retirement benefits as provided in
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s. 121.091(4), and must satisfy the requirements of this
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paragraph.
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1. The ability to qualify for the class of membership
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defined in paragraph (2)(h) occurs when two licensed medical
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physicians, one of whom is a primary treating physician of the
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member, certify the existence of the physical injury and medical
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condition that constitute a qualifying injury as defined in this
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paragraph and that the member has reached maximum medical
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improvement after August 1, 2008. The certifications from the
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licensed medical physicians must include, at a minimum, that the
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injury to the special risk member has resulted in a physical
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loss, or loss of use, of at least two of the following: left
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arm, right arm, left leg, or right leg; and that:
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a. The That this physical loss or loss of use is total and
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permanent, except if the loss of use is due to a physical injury
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to the member's brain, in which event the loss of use is
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permanent with at least 75 percent loss of motor function with
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respect to each arm or leg affected.
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b. The That this physical loss or loss of use renders the
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member physically unable to perform the essential job functions
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of his or her special risk position.
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c. That, Notwithstanding the this physical loss or loss of
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use, the individual can perform the essential job functions
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required by the member's new position, as provided in
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subparagraph 3.
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d. That Use of artificial limbs is not possible or does
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not alter the member's ability to perform the essential job
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functions of the member's position.
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e. That The physical loss or loss of use is a direct
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result of a physical injury and not a result of any mental,
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psychological, or emotional injury.
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2. For the purposes of this paragraph, the term
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"qualifying injury" means an injury sustained in the line of
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duty, as certified by the member's employing agency, by a
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special risk member that does not result in total and permanent
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disability as defined in s. 121.091(4)(b). An injury is a
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qualifying injury if the injury is a physical injury to the
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member's physical body resulting in a physical loss, or loss of
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use, of at least two of the following: left arm, right arm, left
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leg, or right leg. Notwithstanding any other provision of this
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section, an injury that would otherwise qualify as a qualifying
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injury is not considered a qualifying injury if and when the
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member ceases employment with the employer for whom he or she
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was providing special risk services on the date the injury
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occurred.
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3. The new position, as described in sub-subparagraph
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1.c., which that is required for qualification as a special risk
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member under this paragraph is not required to be a position
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with essential job functions that entitle an individual to
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special risk membership. Whether a new position as described in
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sub-subparagraph 1.c. exists and is available to the special
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risk member is a decision to be made solely by the employer in
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accordance with its hiring practices and applicable law.
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4. This paragraph does not grant or create additional
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rights for any individual to continued employment or to be hired
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or rehired by his or her employer which that are not already
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provided within the Florida Statutes, the State Constitution,
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the Americans with Disabilities Act, if applicable, or any other
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applicable state or federal law.
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(8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
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(d) Notwithstanding any other provision of this
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subsection, this subsection does not apply to any special risk
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member who qualifies for continued membership pursuant to
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paragraph (3)(k) (3)(j).
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Section 2. Paragraph (a) of subsection (2) of section 121.052, Florida Statutes, is amended to read:
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121.052 Membership class of elected officers.—
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(2) MEMBERSHIP.—The following holders of elective office,
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hereinafter referred to as "elected officers," whether assuming
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elective office by election, reelection, or appointment, are
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members of the Elected Officers' Class, except as provided in
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subsection (3):
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(a) Any Governor, Lieutenant Governor, Cabinet officer,
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legislator, Supreme Court justice, district court of appeal
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judge, or circuit judge, or state attorney assuming office on or
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after July 1, 1972.
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Section 3. Paragraphs (h) and (k) of subsection (1) of
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section 121.055, Florida Statutes, are amended to read:
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121.055 Senior Management Service Class.—There is hereby
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established a separate class of membership within the Florida
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Retirement System to be known as the "Senior Management Service
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Class," which shall become effective February 1, 1987.
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(1)
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(h)1. Except as provided in subparagraph 3., effective
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January 1, 1994, participation in the Senior Management Service
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Class shall be compulsory for the State Courts Administrator and
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the Deputy State Courts Administrators, the Clerk of the Supreme
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Court, the Marshal of the Supreme Court, the Executive Director
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of the Justice Administrative Commission, the capital collateral
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regional counsel, the clerks of the district courts of appeals,
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the marshals of the district courts of appeals, and the trial
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court administrator and the Chief Deputy Court Administrator in
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each judicial circuit. Effective January 1, 1994, additional
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positions in the office offices of the state attorney and public
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defender in each judicial circuit may be designated for
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inclusion in the Senior Management Service Class of the Florida
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Retirement System, provided that:
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a. Positions to be included in the class shall be
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designated by the state attorney or public defender, as
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appropriate. Notice of intent to designate positions for
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inclusion in the class shall be published for at least 2
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consecutive weeks on a publicly accessible website as provided
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in s. 50.0311 or, if published in print, once a week for 2
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consecutive weeks in a newspaper qualified under chapter 50 in
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the county or counties affected.
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b. One nonelective full-time position may be designated
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for each state attorney and public defender reporting to the
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Department of Management Services; for agencies with 200 or more
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regularly established positions under the state attorney or
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public defender, additional nonelective full-time positions may
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be designated, not to exceed 0.5 percent of the regularly
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established positions within the agency.
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c. Each position added to the class must be a managerial
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or policymaking position filled by an employee who serves at the
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pleasure of the state attorney or public defender without civil
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service protection, and who:
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(I) Heads an organizational unit; or
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(II) Has responsibility to effect or recommend personnel,
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budget, expenditure, or policy decisions in his or her areas of
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responsibility.
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2. Participation in this class shall be compulsory, except
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as provided in subparagraph 3., for any judicial employee who
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holds a position designated for coverage in the Senior
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Management Service Class, and such participation shall continue
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until the employee terminates employment in a covered position.
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Effective January 1, 2001, participation in this class is
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compulsory for assistant state attorneys, assistant statewide
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prosecutors, assistant public defenders, and assistant capital
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collateral regional counsel. Effective January 1, 2002,
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participation in this class is compulsory for assistant
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attorneys general.
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3. In lieu of participation in the Senior Management
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Service Class, such members, excluding assistant state
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attorneys, assistant public defenders, assistant statewide
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prosecutors, assistant attorneys general, and assistant capital
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collateral regional counsel, may participate in the Senior
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Management Service Optional Annuity Program as established in
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subsection (6).
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(k) Any state attorney or public defender in the Elected
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Officers' Class who has creditable service as an assistant state
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attorney or assistant public defender may upgrade retirement
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credit for such service in accordance with the provisions of
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paragraph (j).
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Section 4. The Legislature finds that a proper and
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legitimate state purpose is served when employees, officers, and
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retirees of the state and its political subdivisions, and the
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dependents, survivors, and beneficiaries of such employees,
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officers, and retirees, are extended the basic protections
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afforded by governmental retirement systems. These persons must
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be provided benefits that are fair and adequate and that are
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managed, administered, and funded in an actuarially sound manner
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as required by s. 14, Article X of the State Constitution and
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part VII of chapter 112, Florida Statutes. Therefore, the
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Legislature determines and declares that this act fulfills an
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important state interest.
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Section 5. This act shall take effect July 1, 2026.