Loading...
Item K02M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 - Me Honda. Key y e ', I Mayor Pro Tern David Rice, District 4 ; - = = :' j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: K.2 Agenda Item Summary #3313 BULK ITEM: No DEPARTMENT: BOCC District 4 TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289 -6000 9:00 AM AGENDA ITEM WORDING: Approval of Resolution Supporting State legislation to authorize Air Medical Rescue Pilots and Flight Nurses to be reclassified as Special Risk under the Florida Retirement System rules. ITEM BACKGROUND: The proposed State Legislation, which is expected to be filed by Rep. Holly Raschein for the October 2017 Legislative session, would include all medical air rescue flight personnel as Special Risk. EMT and Paramedic personnel are already included in the Special Risk classification per FSS. 121.0515(3)(d), FSS. 401.251(3)(d), FSS. 401.27(1), and FAC 64- J1.005. PREVIOUS RELEVANT BOCC ACTION: BOCC provided direction to legal staff to draft Resolution at the Regular BOCC August 16, 2017 meeting, Item J2. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATION: DOCUMENTATION: STAMPED RESOLUTION including pilots and nurses Special Risk Class of FRS to Tamara (8 23 17) F.S. 121.0515(2)(c) and (3)(d) Special Risk Class inc certified EMT certified Paramedic F.S. 401.251(3)d); 401.25(7(a)(b); 401.27(1) Trauma Star req flight crew for transport 64J -1.005 Air Ambulances (personnel certification doc required) J2 BACKUP (Rice) BOCC 8 16 17 Disc flight pilots and nurses high risk FRS FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: David Rice Bob Shillinger Pedro Mercado Kathy Peters Board of County Commissioners Skipped 08/24/2017 3:38 PM Completed 08/29/2017 5:14 PM Completed 08/29/2017 5:17 PM Completed 09/01/2017 2:21 PM Completed 09/20/2017 9:00 AM RESO LUTION -2017 � RE SOLUTION COMMISSIONERS OF MONROE COUNTY, FLORIDA co URGING THE FLORIDA LEGISLATURE TO ENACT co W LEGISL AMENDING F.S. 121.0515 TO INCLUDE U_ QUALIFIED PILOTS AND CERTIFIED FLIGHT NURSES EMPLOYED BY LI CENSED A DVANCE (ALS) AND/OR BASIC LIFE SUPPORT (BLS) EMPLOYER iZ_ WHO PROVIDES LIFE-SAVING AIR AMBULANCE AND M INTERFACILITY TRANSFER SERVICES, WHO SATISFY co THE REQUIREMENTS SET FORTH IN CHAPTER 401, FLORIDA STATUTES AN APPLICABLE CERTIFICATION REQUIREMENTS RELATED TO MEDICAL AIR AMBULANCE . . SE MEMBERSHIP IN THE FLORIDA RETIREMENT SYSTEM. Lt WHEREAS, Monroe County operates a licensed 24-hour emergency Advanced 1,010 WHE r. St ar ' s pr m !' prov a amb ulance transportation for individuals who are critically injured either by natural causes such as heart attacks or stroke, or by other causes such as a vehicle crash or criminal action; and Trauma tar's response is initiated through the emergency -1- systen, and oftentimes the helicopter will land at the accident scene to provide the quickest response to qualified medical facilities in south Florida; an WHEREAS, in addition to the primary mission of providing critical trauma-related transports, Trauma Star also assists local hospitals by providing hospital-to-hospital transfers when State of Florida interfacility transfer guidelines are met; and WHERE 4 01.251(3)(d) requires that all Trauma Star flight crew memb applicable Federal Aviation Administration (FAA) regulations; and requirements of F.S. 401.252 are met; and W WHEREAS, due tote early retirement necessitated by the extraordinary demands of their position, members identifi ed in this "Special is Class" suffer an economic deprivation that othere loyees do not experience, and, as a result, are awarded more retirement credit per year of service thant at awarded to other employees; and WHEREAS, effective October 1, 1999, F.S. 121.0515(2)(c) MEMBERSHIP. designates those "...e lye as.. an emergency medical technician, or a paramedic and meet certain other special criteria as set forth in this section." as a "special risk member" of the Florida Retirement System; and 991MEM Commissioner Rice I il III all IIIIIIIIIIi IIIIIIIIIIIIIII I 111111111111111111 _ - ' w WHEREAS, the Board acknowledges the concerns expressed by our Fire Chief and Sheriff and supports their recommendation that the Florida Legislature be urged to propose legislation to include air arnbulance pilots and flight nurses in the "Special Risk Class" membership oft e Florida Retirement System, NOW THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 2. The Clerk of the Court is hereby directed to transmit a certified copy of this resolution to Governor Rick Scott, Senate President, House Speaker, and the Chair, and the members of the State Legislative Delegation representing Monroe County. Section 3. The County's state lobbyists are hereby directed to advocate for the passage of the legislation as set forth in Section I above, and authorizes and I I vernmental Affairs staff to include this item in the 2018 Legislative • Package when it is presented to the Board and our Legislators. PASSED AND ADOPTED by the Board of County Commissioners ofd. a— Count Florida at a regular meeting held on the 20 day of September, 2017 1 Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny Kolhage Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA M U." Deputy Clerk Mayor pl:�" / � � \w� �� ��^ \� . . �`� ±e. \ /\ \� � : � � �� � \ \� U) E CL C0 CO w LL 0 U) (D w wmiml 121.0515 Special Risk Class. — (1) ESTABLISHMENT OF CLASS.A separate class of membership within the Florida Retirement System, to be known as the "Special Risk Class," is established to recognize that persons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and mental acuity, and that such persons, because of diminishing physical and mental faculties, may find that they are not able, without risk to the health and safety of themselves, the public, or their coworkers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other membership classes and that, if they find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. To address the peculiar and special problems of this class of employees, a class of retirement membership is established that awards more retirement credit per year of service than that awarded to other employees; however, nothing contained herein shall require ineligibility for Special Risk Class membership upon reaching age 55. (2) MEMBERSHIP. (a) Until October 1, 1978, "special risk member" means any officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enforcement officer; police officer; highway patrol officer; custodial employee at a correctional or detention facility; correctional agency employee whose duties and responsibilities involve direct contact with inmates, but excluding secretarial and clerical employees; firefighter; or an employee in any other job in the field of law enforcement or fire protection if the duties of such person are certified as hazardous by his or her employer. (b) Effective October 1, 1978, through September 30, 1999, "special risk member" means a member of the Florida Retirement System who is designated as a special risk member by the division in accordance with this section. Such member must be employed as a law enforcement officer, a firefighter, or a correctional officer and must meet certain other special criteria as set forth in this section. (c) Effective October 1, 1999, "special risk member" means a member of the Florida Retirement System who is designated as a special risk member by the division in accordance with this section. Such member must be employed as a law enforcement officer, a firefighter, a correctional officer, an emergency medical technician, or a paramedic and must meet certain other special criteria as set forth in this section. (d) Effective January 1, 2001, "special risk member" includes: 1. Any member who is employed as a community -based correctional probation officer and meets the special criteria set forth in paragraph (3)(e). 2. Any professional health care bargaining unit or non -unit member who is employed by the Department of Corrections or the Department of Children and Families and meets the special criteria set forth in paragraph (3)(f). (e) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline and meet the special criteria set forth in paragraph (3)(g). (f) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory and meet the special criteria set forth in paragraph (3)(h). (g) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and meet the special criteria set forth in paragraph (3)(i). (h) Effective August 1, 2008, "special risk member" includes any member who meets the special criteria for continued membership set forth in paragraph (3)(j). (3) CRITERIA.A member, to be designated as a special risk member, must meet the following criteria: (a) Effective October 1, 1978, the member must be employed as a law enforcement officer and be certified, or required to be certified, in compliance with s. 943.1395 however, sheriffs and elected police chiefs are excluded from meeting the certification requirements of this paragraph. In addition, the member's duties and responsibilities must include the pursuit, apprehension, and arrest of law violators or suspected law violators; or as of July 1, 1982, the member must be an active member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included; (b) Effective October 1, 1978, the member must be employed as a firefighter and be certified, or required to be certified, in compliance with s. 633.408 and be employed solely within the fire department of a local government employer or an agency of state government with firefighting responsibilities. In addition, the member's duties and responsibilities must include on- the -scene fighting of fires; as of October 1, 2001, fire prevention or firefighter training; as of October 1, 2001, direct supervision of firefighting units, fire prevention, or firefighter training; or as of July 1, 2001, aerial firefighting surveillance performed by fixed -wing aircraft pilots employed by the Florida Forest Service of the Department of Agriculture and Consumer Services; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included. All periods of creditable service in fire prevention or firefighter training, or as the supervisor or command officer of a member or members who have such responsibilities, and for which the employer paid the special risk contribution rate, are included; (c) Effective October 1, 1978, the member must be employed as a correctional officer and be certified, or required to be certified, in compliance with s. 943.1395 In addition, the member's primary duties and responsibilities must be the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, or while on work detail outside the facility, or while being transported; or as of July 1, 1984, the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included; however, wardens and assistant wardens, as defined by rule, are included; (d) Effective October 1, 1999, the member must be employed by a licensed Advance Life Support (ALS) or Basic Life Support (BLS) employer as an emergency medical technician or a paramedic and be certified in compliance with s. 401.27. In addition, the member's primary duties and responsibilities must include on- the -scene emergency medical care or as of October 1, 2001, direct supervision of emergency medical technicians or paramedics, or the member must be the supervisor or command officer of one or more members who have such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are in accounting, purchasing, legal, and personnel, are not included; (e) Effective January 1, 2001, the member must be employed as a community -based correctional probation officer and be certified, or required to be certified, in compliance with s. 943.1395 . In addition, the member's primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, and counseling of assigned inmates, probationers, parolees, or community controllees within the community; or the member must be the supervisor of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal services, and personnel management, are not included; however, probation and parole circuit and deputy circuit administrators are included; (f) Effective January 1, 2001, the member must be employed in one of the following classes and must spend at least 75 percent of his or her time performing duties which involve contact with patients or inmates in a correctional or forensic facility or institution: 1. Dietitian (class codes 5203 and 5204); 2. Public health nutrition consultant (class code 5224); 3. Psychological specialist (class codes 5230 and 5231); 4. Psychologist (class code 5234); 5. Senior psychologist (class codes 5237 and 5238); 6. Regional mental health consultant (class code 5240); 7. Psychological Services DirectorDCF (class code 5242); 8. Pharmacist (class codes 5245 and 5246); 9. Senior pharmacist (class codes 5248 and 5249); 10. Dentist (class code 5266); 11. Senior dentist (class code 5269); 12. Registered nurse (class codes 5290 and 5291); 13. Senior registered nurse (class codes 5292 and 5293); 14. Registered nurse specialist (class codes 5294 and 5295); 15. Clinical associate (class codes 5298 and 5299); 16. Advanced registered nurse practitioner (class codes 5297 and 5300); 17. Advanced registered nurse practitioner specialist (class codes 5304 and 5305); 18. Registered nurse supervisor (class codes 5306 and 5307); 19. Senior registered nurse supervisor (class codes 5308 and 5309); 20. Registered nursing consultant (class codes 5312 and 5313); 21. Quality management program supervisor (class code 5314); 22. Executive nursing director (class codes 5320 and 5321); 23. Speech and hearing therapist (class code 5406); or 24. Pharmacy manager (class code 5251); (g) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline recognized by the International Association for Identification and must qualify for active membership in the International Association for Identification. The member's primary duties and responsibilities must include the collection, examination, preservation, documentation, preparation, or analysis of physical evidence or testimony, or both, or the member must be the direct supervisor, quality management supervisor, or command officer of one or more individuals with such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are clerical or in accounting, purchasing, legal, and personnel, are not included; (h) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory in one of the following classes: 1. Forensic technologist (class code 8459); 2. Crime laboratory technician (class code 8461); 3. Crime laboratory analyst (class code 8463); 4. Senior crime laboratory analyst (class code 8464); 5. Crime laboratory analyst supervisor (class code 8466); 6. Forensic chief (class code 9602); or 7. Forensic services quality manager (class code 9603); (i) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and must spend at least 65 percent of his or her time performing duties that involve the collection, examination, preservation, documentation, preparation, or analysis of human tissues or fluids or physical evidence having potential biological, chemical, or radiological hazard or contamination, or use chemicals, processes, or materials that may have carcinogenic or health - damaging properties in the analysis of such evidence, or the member must be the direct supervisor of one or more individuals having such responsibility. If a special risk member changes to another position within the same agency, he or she must submit a complete application as provided in paragraph (4)(a); or 0) The member must have already qualified for and be actively participating in special risk membership under paragraph (a), paragraph (b), or paragraph (c), must have suffered a qualifying injury as defined in this paragraph, must not be receiving disability retirement benefits as provided in s. 121.091 and must satisfy the requirements of this paragraph. 1. The ability to qualify for the class of membership defined in paragraph (2)(h) occurs when two licensed medical physicians, one of whom is a primary treating physician of the member, certify the existence of the physical injury and medical condition that constitute a qualifying injury as defined in this paragraph and that the member has reached maximum medical improvement after August 1, 2008. The certifications from the licensed medical physicians must include, at a minimum, that the injury to the special risk member has resulted in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg; and: a. That this physical loss or loss of use is total and permanent, except if the loss of use is due to a physical injury to the member's brain, in which event the loss of use is permanent with at least 75 percent loss of motor function with respect to each arm or leg affected. b. That this physical loss or loss of use renders the member physically unable to perform the essential job functions of his or her special risk position. c. That, notwithstanding this physical loss or loss of use, the individual can perform the essential job functions required by the member's new position, as provided in subparagraph 3. d. That use of artificial limbs is not possible or does not alter the member's ability to perform the essential job functions of the member's position. e. That the physical loss or loss of use is a direct result of a physical injury and not a result of any mental, psychological, or emotional injury. 2. For the purposes of this paragraph, "qualifying injury" means an injury sustained in the line of duty, as certified by the member's employing agency, by a special risk member that does not result in total and permanent disability as defined in s. 121.091 (4)(b). An injury is a qualifying injury if the injury is a physical injury to the member's physical body resulting in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg. Notwithstanding any other provision of this section, an injury that would otherwise qualify as a qualifying injury is not considered a qualifying injury if and when the member ceases employment with the employer for whom he or she was providing special risk services on the date the injury occurred. 3. The new position, as described in sub - subparagraph I.e., that is required for qualification as a special risk member under this paragraph is not required to be a position with essential job functions that entitle an individual to special risk membership. Whether a new position as described in sub - subparagraph I.e. exists and is available to the special risk member is a decision to be made solely by the employer in accordance with its hiring practices and applicable law. 4. This paragraph does not grant or create additional rights for any individual to continued employment or to be hired or rehired by his or her employer that are not already provided within the Florida Statutes, the State Constitution, the Americans with Disabilities Act, if applicable, or any other applicable state or federal law. (4) PROCEDURE FOR DESIGNATING. (a) Any member of the Florida Retirement System employed by a county, municipality, or special district who feels that his or her position meets the criteria set forth in this section for membership in the Special Risk Class may request that his or her employer submit an application to the department requesting that the department designate him or her as a Special Risk member. If the employer agrees that the member meets the requirements for Special Risk Class membership, the employer shall submit an application to the department on behalf of the employee containing a certification that the member meets the criteria for Special Risk Class membership set forth in this section and such other supporting documentation as may be required by administrative rule. The department shall, within 90 days, designate or refuse to designate the member as a special risk member. If the employer declines to submit the member's application to the department or if the department does not designate the member as a special risk member, the member or the employer may appeal to the State Retirement Commission, as provided in s. 121.23 for designation as a special risk member. A member who receives a final affirmative ruling pursuant to such appeal shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the department, as determined by the department, and the employer contributions shall be paid in full within 1 year after such final ruling. (b) Applying the criteria set forth in this section, the department shall specify which current and newly created classes of positions under the uniform classification plan established pursuant to chapter 110 entitle the incumbents of positions in those classes to membership in the Special Risk Class. Only employees employed in the classes so specified shall be special risk members. If a class is not specified by the department, the employing agency may petition the State Retirement Commission for approval in accordance with s. 121.23 (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP. (a) Any member who is a special risk member on October 1, 1978, and who fails to meet the criteria for Special Risk Class membership established by this section shall have his or her special risk designation removed and thereafter shall be a regular member and earn only regular membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (b) Any member who is a special risk member on July 1, 2008, and who became eligible to participate under paragraph (3)(g) but fails to meet the criteria for Special Risk Class membership established by paragraph (3)(h) or paragraph (3)(i) shall have his or her special risk designation removed and thereafter shall be a Regular Class member and earn only Regular Class membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (6) CREDIT FOR PAST SERVICE.A special risk member may purchase retirement credit in the Special Risk Class based upon past service, and may upgrade retirement credit for such past service, to the extent of 2 percent of the member's average monthly compensation as specified in s. 121.091 for such service as follows: (a) The member may purchase special risk credit for past service with a municipality or special district which has elected to join the Florida Retirement System, or with a participating agency to which a member's governmental unit was transferred, merged, or consolidated as provided in s. if the member was employed with the municipality or special district when it commenced participating in the Florida Retirement System or with the governmental unit at the time of its transfer, merger, or consolidation with the participating agency. The service must satisfy the criteria set forth in subsection (3) for Special Risk Class membership as a law enforcement officer, firefighter, or correctional officer; however, a certificate or waiver of certificate of compliance with s. 943.1395 or s. 633.408 is not required for such service. (b) Contributions for upgrading the additional special risk credit must be equal to the difference in the employer and, if applicable, employee contributions paid and the special risk percentage rate of gross salary in effect at the time of purchase for the period being claimed, plus interest thereon at the rate of 4 percent a year compounded annually from the date of such service until July 1, 1975, and 6.5 percent a year thereafter until the date of payment. This past service may be purchased by the member or by the employer on behalf of the member. (7) CREDIT FOR PRIOR SERVICE.A special risk member who has creditable service with an employer under chapter 122 or chapter 321, or was employed as a correctional counselor with the Department of Corrections between December 1, 1970, and September 30, 1979, in a position that satisfies the criteria provided in subsection (3) for Special Risk Class membership except the requirement for a certificate or waiver of certificate, shall have those years of service counted towards the attainment of the normal retirement date as a special risk member under this chapter. The percentage value of each such year of creditable service under chapter 122, chapter 321, or as a correctional counselor may not change as a result of the application of this subsection. A special risk member who has taken a refund of contributions for such creditable service under chapter 122 or chapter 321 and has reclaimed it as prior service credit under this chapter shall be permitted to have such creditable service counted towards the attainment of the normal retirement date for the Special Risk Class of membership under this chapter. (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS. (a) A special risk member who is moved or reassigned to a nonspecial risk law enforcement, firefighting, correctional, or emergency medical care administrative support position with the same agency, or who is subsequently employed in such a position within any law enforcement, firefighting, correctional, or emergency medical care agency under the Florida Retirement System, shall participate in the Special Risk Administrative Support Class and earn credit for such service at the same percentage rate as that earned by a regular member. Notwithstanding subsection (5), service in an administrative support position, for purposes of s. 121.091 applies toward satisfaction of the special risk normal retirement date, as defined in s. 121.021 if, while in such position, the member remains certified as a law enforcement officer, firefighter, correctional officer, emergency medical technician, or paramedic; remains subject to reassignment at any time to a position qualifying for special risk membership; and completes an aggregate of the years of service as a designated special risk member before retirement which is equal to or greater than the years of service required to be vested. (b) Upon application by a member, the provisions of this subsection apply, with respect to such member, retroactively to October 1, 1978, if the member was removed from the Special Risk Class effective October 1, 1978, due to a change in special risk criteria as a result of the enactment of chapter 78 -308, Laws of Florida, or was reassigned or employed for training or career development or to fill a critical agency need. (c) The department shall adopt rules as required to administer this subsection. (d) Notwithstanding any other provision of this subsection, this subsection does not apply to any special risk member who qualifies for continued membership pursuant to paragraph (3)0). (9) RESTORATION OF SPECIAL RISK CREDIT FOR SPECIFIED PERIOD OF EMPLOYMENT.A special risk member who was removed from the Special Risk Class effective October 1978, for the sole reason that he or she did not possess the required certificate or temporary waiver of certificate, and who obtained certification and was approved for Special Risk Class membership on or before June 30, 1982, may have special risk credit restored for that period upon: (a) Certification by his or her employer that all requirements for Special Risk Class membership except the requirement for certification or temporary waiver of certification were met; and (b) Payment of contributions equal to the difference in the contributions that were paid during the period and the contributions required for special risk members during that period, plus 6.5 percent interest thereon, compounded each June 30 from date of service until date of payment. This credit may be purchased by the member or by the employer on behalf of the member. 1 (10) CREDIT FOR UPGRADED SERVICE. (a) Any member of the Special Risk Class who has earned creditable service through September 30, 1999, in another membership class of the Florida Retirement System as an emergency medical technician or paramedic, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (1)(a)2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. (b) Any member of the Special Risk Class who has earned creditable service through September 30, 2001, in another membership class of the Florida Retirement System whose responsibilities included fire prevention or firefighter training, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (1)(a)2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. (c) Any member of the Special Risk Class who has earned creditable service through June 30, 2008, in another membership class of the Florida Retirement System in a position with the Department of Law Enforcement or the Division of State Fire Marshal and became covered by the Special Risk Class as described in paragraph (3)(h), or with a local government law enforcement agency or medical examiner's office and became covered by the Special Risk Class as described in paragraph (3)(i), which service is within the purview of the Special Risk Class, and is employed in such position on or after July 1, 2008, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (1)(a)2. The cost for such credit must be an amount representing the actuarial accrued liability for the difference in accrual value during the affected period of service. The cost shall be calculated using the discount rate and other relevant actuarial assumptions that were used to value the Florida Retirement System Pension Plan liabilities in the most recent actuarial valuation. The division shall ensure that the transfer sum is prepared using a formula and methodology certified by an enrolled actuary. The cost must be paid immediately upon notification by the division. The local government employer may purchase the upgraded service credit on behalf of the member if the member has been employed by that employer for at least 3 years. 401.25 Licensure as a basic life support or an advanced life support service. (1) Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of providing prehospital or interfacility advanced life support services or basic life support transportation services must be licensed as a basic life support service or an advanced life support service, whichever is applicable, before offering such service to the public. The application for such license must be submitted to the department on forms provided for this purpose. The application must include documentation that the applicant meets the appropriate requirements for a basic life support service or an advanced life support service, whichever is applicable, as specified by rule of the department. (2) The department shall issue a license for operation to any applicant who complies with the following requirements: (a) The applicant has paid the fees required by s. 401.34 (b) The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for either a basic life support service or an advanced life support service, whichever is applicable. (c) The applicant has furnished evidence of adequate insurance coverage for claims arising out of injury to or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The applicant must provide insurance in such sums and under such terms as required by the department. In lieu of such insurance, the applicant may furnish a certificate of self - insurance evidencing that the applicant has established an adequate self - insurance plan to cover such risks and that the plan has been approved by the Office of Insurance Regulation of the Financial Services Commission. (d) The applicant has obtained a certificate of public convenience and necessity from each county in which the applicant will operate. In issuing the certificate of public convenience and necessity, the governing body of each county shall consider the recommendations of municipalities within its jurisdiction. (3) The department may suspend or revoke a license at any time if it determines that the licensee has failed to maintain compliance with the requirements prescribed for operating a basic or advanced life support service. (4) Each license issued in accordance with this part will expire automatically 2 years after the date of issuance. (5) The requirements for renewal of any license issued under this part are the same as the requirements for original licensure that are in effect at the time of renewal. (6) The governing body of each county may adopt ordinances that provide reasonable standards for certificates of public convenience and necessity for basic or advanced life support services and air ambulance services. In developing standards for certificates of public convenience and necessity, the governing body of each county must consider state guidelines, recommendations of the local or regional trauma agency created under chapter 395, and the recommendations of municipalities within its jurisdiction. (7) (a) Each permitted basic life support ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied by at least two persons: one patient attendant who is a certified emergency medical technician, certified paramedic, or licensed physician; and one ambulance driver who meets the requirements of s 401,28 This paragraph does not apply to interfacility transfers governed by s.401.252(1). (b) Each permitted advanced life support ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied by at least two persons: one who is a certified paramedic or licensed physician; and one who is a certified emergency medical technician, certified paramedic, or licensed physician who also meets the requirements of s. 401.281_ for drivers. The person with the highest medical certifications shall be in charge of patient care. This paragraph does not apply to interfacility transfers governed by s. 40 401.251 Air ambulance service; licensure.— (1) Each person, firm, corporation, association, or governmental entity that owns or acts as an agent for the owner of any business or service that furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting by air ambulance persons who require or are likely to require medical attention during transport must be licensed as an air ambulance service, before offering such service. (2) The application for this license must be submitted to the department on forms provided for this purpose. The application must include documentation that the applicant meets the appropriate requirements for an air ambulance service as specified by rule of the department. (3) An applicant who seeks licensure as an air ambulance service must: (a) Submit a completed application to the department on such forms and including such information as specified by rule of the department. (b) Submit the appropriate fee as provided in s. 401.34 (c) Specify the location of all required medical equipment and provide documentation that all such equipment is available and in good working order. (d) Provide documentation that all aircraft and crew members meet applicable Federal Aviation Administration (FAA) regulations. (e) Provide proof of adequate insurance coverage of not less than $100,000 per person and $300,000 per incident, or a greater amount if specified by rule of the department, for claims arising out of injury or death of persons and damage to property of others resulting from any cause for which the owner of such business or service would be liable. Self - insurance is an acceptable alternative as specified in s. 401.25 (2)(c). (f) Specify whether the service uses either fixed- winged or rotary- winged aircraft, or both. (4)(a) If a service provides interhospital air transport, air transport from hospital to another facility, air transport from hospital to home, or similar air transport, the service must provide evidence that it has employed or contracted with a medical director to advise the service on the appropriate staffing, equipment, and supplies to be used for the transport of any patient aboard an air ambulance and must provide information to referring physicians regarding special medical requirements and restrictions when transporting by air ambulance. (b) If the air ambulance service uses rotary- winged aircraft in conjunction with another emergency medical service, the air ambulance service must meet the provisions of this section and must meet separate basic life support and advanced life support requirements unique to air ambulance operations as is required by rules of the department. Such service is subject to the provisions of s. 401.25 relating to a certificate of public convenience and necessity; however, a service may operate in any county under the terms of mutual aid agreements. (c) Unless, in the opinion of the attending physician, the patient has an emergency medical condition as defined by s. 395.002 the service must provide each person using the service, before rendering the service, a written description of the services to be rendered and the cost of those services. (5) In order to renew a license for air ambulance service, the applicant must: (a) Submit a renewal application to the department not more than 90 days nor less than 60 days before the license expires. (b) Submit the appropriate renewal fee as provided in s. 401.34 (c) Provide documentation that current standards for issuance of a license are met. (6) Any advanced life support service licensee may engage in air ambulance operations by complying with the appropriate provisions of this section and requirements specified by rule of the department. 401.252 Interfacility transfer. (1) A licensed basic or advanced life support ambulance service may conduct interfacility transfers in a permitted ambulance, using a registered nurse in place of an emergency medical technician or paramedic, if: (a) The registered nurse holds a current certificate of successful course completion in advanced cardiac life support; (b) The physician in charge has granted permission for such a transfer, has designated the level of service required for such transfer, and has deemed the patient to be in such a condition appropriate to this type of ambulance staffing; and (c) The registered nurse operates within the scope of part I of chapter 464. (2) A licensed basic or advanced life support service may conduct interfacility transfers in a permitted ambulance if the patient's treating physician certifies that the transfer is medically appropriate and the physician provides reasonable transfer orders. An interfacility transfer must be conducted in a permitted ambulance if it is determined that the patient needs, or is likely to need, medical attention during transport. If the emergency medical technician or paramedic believes the level of patient care required during the transfer is beyond his or her capability, the medical director, or his or her designee, must be contacted for clearance prior to conducting the transfer. If necessary, the medical director, or his or her designee, shall attempt to contact the treating physician for consultation to determine the appropriateness of the transfer. (3) Infants less than 28 days old or infants weighing less than 5 kilograms, who require critical care interfacility transport to a neonatal intensive care unit, shall be transported in a permitted advanced life support or basic life support transport ambulance, or in a permitted advanced life support or basic life support ambulance that is recognized by the department as meeting designated criteria for neonatal interfacility critical care transport. 401.27 Personnel; standards and certification. (1) Each permitted ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied by at least two persons, one of whom must be a certified emergency medical technician, certified paramedic, or licensed physician and one of whom must be a driver who meets the requirements for ambulance drivers. This subsection does not apply to interfacility transfers governed by s. 401.252(1). (2) The department shall establish by rule educational and training criteria and examinations for the certification and recertification of emergency medical technicians and paramedics. Such rules must require, but need not be limited to: (a) For emergency medical technicians, proficiency in techniques identified in s. 401.23 and in rules of the department. (b) For paramedics, proficiency in techniques identified in s. 401.23 and in rules of the department. (3) Any person who desires to be certified or recertified as an emergency medical technician or paramedic must apply to the department under oath on forms provided by the department which shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with applicable laws and rules. The department shall determine whether the applicant meets the requirements specified in this section and in rules of the department and shall issue a certificate to any person who meets such requirements. (4) An applicant for certification or recertification as an emergency medical technician or paramedic must: (a) Have completed an appropriate training program as follows: 1. For an emergency medical technician, an emergency medical technician training program approved by the department as equivalent to the most recent EMT -Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation; 2. For a paramedic, a paramedic training program approved by the department as equivalent to the most recent EMT - Paramedic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation; (b) Certify under oath that he or she is not addicted to alcohol or any controlled substance; (c) Certify under oath that he or she is free from any physical or mental defect or disease that might impair the applicant's ability to perform his or her duties; (d) Within 2 years after program completion have passed an examination developed or required by the department; (e)l. For an emergency medical technician, hold a current American Heart Association cardiopulmonary resuscitation course card or an American Red Cross cardiopulmonary resuscitation course card or its equivalent as defined by department rule; 2. For a paramedic, hold a certificate of successful course completion in advanced cardiac life support from the American Heart Association or its equivalent as defined by department rule; (f) Submit the certification fee and the nonrefundable examination fee prescribed in s. 401.34 which examination fee will be required for each examination administered to an applicant; and (g) Submit a completed application to the department, which application documents compliance with paragraphs (a), (b), (c), (e), (f), and this paragraph, and, if applicable, paragraph (d). The application must be submitted so as to be received by the department at least 30 calendar days before the next regularly scheduled examination for which the applicant desires to be scheduled. (5) The certification examination must be offered monthly. The department shall issue an examination admission notice to the applicant advising him or her of the time and place of the examination for which he or she is scheduled. Individuals achieving a passing score on the certification examination may be issued a temporary certificate with their examination grade report. The department must issue an original certification within 45 days after the examination. Examination questions and answers are not subject to discovery but may be introduced into evidence and considered only in camera in any administrative proceeding under chapter 120. If an administrative hearing is held, the department shall provide challenged examination questions and answers to the administrative law judge. The department shall establish by rule the procedure by which an applicant, and the applicant's attorney, may review examination questions and answers in accordance with s. 119.071 (1)(a). (6)(a) The department shall establish by rule a procedure for biennial renewal certification of emergency medical technicians. Such rules must require a United States Department of Transportation refresher training program of at least 30 hours as approved by the department every 2 years. The refresher program may be offered in multiple presentations spread over the 2- year period. The rules must also provide that the refresher course requirement may be satisfied by passing a challenge examination. (b) The department shall establish by rule a procedure for biennial renewal certification of paramedics. Such rules must require candidates for renewal to have taken at least 30 hours of continuing education units during the 2 -year period. The rules must provide that the continuing education requirement may be satisfied by passing a challenge examination. (7) A physician, physician assistant, dentist, or registered nurse may be certified as a paramedic if the physician, physician assistant, dentist, or registered nurse is certified in this state as an emergency medical technician, has passed the required emergency medical technician curriculum, has successfully completed an advanced cardiac life support course, has passed the examination for certification as a paramedic, and has met other certification requirements specified by rule of the department. A physician, physician assistant, dentist, or registered nurse so certified must be recertified under this section. (8) Each emergency medical technician certificate and each paramedic certificate will expire automatically and may be renewed if the holder meets the qualifications for renewal as established by the department. A certificate that is not renewed at the end of the 2 -year period will automatically revert to an inactive status for a period not to exceed two renewal periods. Such certificate may be reactivated and renewed within the two renewal periods if the certificateholder meets all other qualifications for renewal, including continuing education requirements, and pays a $25 late fee. The certificateholder also must pass the certification examination to reactivate the certificate during the second of the two renewal periods. Reactivation shall be in a manner and on forms prescribed by department rule. (9) The department may suspend or revoke a certificate at any time if it determines that the holder does not meet the applicable qualifications. (10) The department may provide by rule for physically disabled persons to take and be provided with the results of the written portion of the emergency medical technician certification examination or paramedic certification examination. However, such persons may not receive any special assistance in completing the examination. An individual who achieves a passing grade on the emergency medical technician certification examination or paramedic certification examination may be issued a limited emergency medical technician certificate or a limited paramedic certificate. An individual issued a limited certificate may not perform patient care or treatment activities. (11)(a) A certificateholder may request that his or her emergency medical technician certificate or paramedic certificate be placed on inactive status by applying to the department before his or her current certification expires and paying a fee set by the department not to exceed $50. (b)l. A certificateholder whose certificate has been on inactive status for 1 year or less following the date his or her emergency medical technician certificate or paramedic certificate expired may renew his or her certificate pursuant to the rules adopted by the department and upon payment of a late renewal fee set by the department not to exceed $100. 2. A certificateholder whose certificate has been on inactive status for more than 1 year may renew his or her certificate pursuant to rules adopted by the department. To renew, the certificateholder must pass the certification examination and complete continuing education requirements and a field internship. (c) A certificate which has been inactive for more than 6 years automatically expires and may not be reinstated. (12) An applicant for certification as an emergency medical technician or paramedic who is trained outside the state, or trained in the military, must provide proof of a current, nationally recognized emergency medical technician or paramedic certification or registration that is recognized by the department and based upon successful completion of a training program approved by the department as being equivalent to the most recent EMT -Basic or EMT - Paramedic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and hold a current certificate of successful course completion in cardiopulmonary resuscitation (CPR) or advanced cardiac life support for emergency medical technicians or paramedics, respectively, to be eligible for the certification. (13) The department shall adopt a standard state insignia for emergency medical technicians and paramedics. The department shall establish by rule the requirements to display the state emergency medical technician and paramedic insignia. The rules may not require a person to wear the standard insignia but must require that if a person wears any insignia that identifies the person as a certified emergency medical technician or paramedic in this state, the insignia must be the standard state insignia adopted under this section. The insignia must denote the individual's level of certification at which he or she is functioning. 64J -1.005 Air Ambulances. (1) Each applicant for an air ambulance license shall pay the required fee as specified in Section 401.34(1)(j), F.S., and submit an application to the department on DH Form 1575, 04/09, Air Ambulance Service License Application which is incorporated by reference and available from the department, as defined by subsection 64J- 1.001(9), F.A.C., or at http: / /www.fl- ems.com. The air ambulance license shall automatically expire 2 years from the date of issuance. (2) Each air ambulance applicant or provider, pursuant to subsection 64J- 1.014(1), F.A.C., shall maintain on site and make available to the department at license application, license application renewal, change of insurance carrier or policy renewal, and documentation of the following minimum insurance coverage: (a) Each aircraft shall be insured for the sum of at least $100,000 for injuries to or death of any one person arising out of any one accident and the sum of at least $300,000 for injuries to or death of more than one person in any one accident. Any such policy on a leased aircraft must identify both the owner and the lessee of the aircraft. (b) In lieu of the insurance required in paragraph (2)(a), the provider or applicant may furnish a certificate of self- insurance establishing that the provider or applicant has a self - insurance plan to provide coverage identical to what is required in paragraph (2)(a) and that the plan has been approved by the Department of Insurance. (3) Each licensed air ambulance shall have emergency protocols which address at least, emergency procedures when the aircraft is overdue, when radio communications cannot be established, or when aircraft location cannot be verified. Each licensed rotary wing air ambulance shall document at least every 15 minutes of flight while en route to and from the patient's location. (4) Each provider shall maintain in each paramedic's employment file documentation of successful completion of an initial air crew member (ACM) education program that was conducted in accordance with the 1988 United States (U.S.) Department of Transportation (DOT) Air Medical Crew - Advanced National Standard Curriculum (NSC), which is incorporated by reference and is available for purchase from ARMS; 526 King Street, Suite 415, Alexandria, VA 22314; (703)836 -8732. Each provider shall ensure and shall document in its employee records that each EMT and paramedic which it employs holds a current certification from the department. (5) Each air ambulance provider shall establish a safety committee. The committee shall: (a) Consist of a membership to include: one pilot, one flight medical crew member, the provider's medical director, one hospital administrator if the provider is a hospital based program, and a representative of a quality assurance division if one exists; (b) Develop safety procedures for the provider; (c) Meet at least quarterly to review safety policies, procedures, unusual occurrences, safety issues, and audit compliance with safety policies and procedures: (d) Communicate the results of the safety audit to all program personnel; and (e) Record minutes of the meeting and retain them on file for 2 years. (6) Each prehospital air ambulance provider shall staff the aircraft with a minimum of one person who shall be a paramedic who meets the criteria in subsection 64J- 1.005(4), F.A.C. (7) Every air ambulance maintained by an air ambulance provider shall meet the structural, equipment and supply requirements listed in Table III. (8) Each prehospital rotary wing air ambulance when available for call shall meet the structural requirements listed in Table III, and shall be equipped as approved by the medical director of the service in the aircraft minimum equipment list. The aircraft minimum equipment list shall include, at a minimum, one each of the items listed in Table IV and shall be provided to the department upon request. TABLE III AIR AMBULANCE Structural, Equipment and Supply Requirements ITEM Aircraft Requirements 1. Entrance large enough to allow loading of a patient. 2. Interior large enough for two medical crew members. 3. Cabin illumination of 40 foot - candles at patient level. 4. FAA approved stretcher system with 2 straps. 5. Isolated aircraft cockpit to protect pilot from in -flight interference. 6. Each aircraft shall be equipped with FAA approved communication equipment that operates on frequencies which allow the flight and medical crew to communicate with ground and landing zone medical support exclusive of the air traffic control system. 7. No smoking sign. 8. External search light with a minimum of 400,000 candle power illumination at 200 feet separate from the aircraft landing lights, movable 90 degrees longitudinally, 180 degrees laterally and capable of being controlled from inside the aircraft (Helicopter only). Medical Equipment Requirements 1. Oxygen sufficient for duration of flight. 2. Oxygen administration equipment. 3. Oropharyngeal airways. Pediatric and adult. 4. Hand operated bag -valve mask resuscitators, adult and pediatric accumulator, including adult, child and infant transparent masks capable of use with supplemental oxygen. 5. Equipment suitable to determine blood pressure of the adult and pediatric patient during flight. 6. Approved sharps container per Chapter 64E -16, F.A.C. 7. Approved biohazardous waste plastic bag or impervious container per Chapter 64E -16, F.A.C. 8. Portable suction unit with wide bore tubing and tips, electric or gas powered, which meets the minimum standards as published by the General Services Administration (GSA) in KKK- A -1822C specifications. 9. Equipment suitable to determine blood pressure of the adult and pediatric patient during the flight. TABLE IV Prehospital Rotary Wing Air Ambulances ITEM Equipment 1. Laryngoscope handle with batteries. 2. Laryngoscope blades; adult, child and infant size. 3. Pediatric LV. arm board or splint appropriate for LV. stabilization. 4. Disposable endotracheal tubes; adult, child and infant sizes. Those below 5.5 mm shall be uncuffed. 2.5 mm -5.0 mm uncuffed; 5.5 mm -7.0 mm; 7.5 mm -9.0 mm 5. Endotracheal tube stylets pediatric and adult. 6. Magill forceps, pediatric and adult sizes. 7. Device for intratracheal meconium suctioning in newborns. 8. Tourniquets. 9. I.V. cannulae between 14 and 24 gauge. 10. Macro drip sets. 11. Micro drip sets. 12. I.V. pressure infuser. 13. Needles between 18 and 25 gauge. 14. Intraosseous needles and three way stop cocks. 15. Assorted syringes. 16. D.C. battery powered portable monitor with defibrillation and pacing capabilities, ECG printout and spare battery. The unit shall be capable of delivering pediatric defibrillation (energy below 25 watts /sec and appropriate equipment). 17. Monitoring electrodes for adults and pediatrics. 18. Glucometer. 19. Pediatric length based measurement device for equipment selection and drug dosage. 20. Flexible suction catheters assorted sizes. 21. Multitrauma dressings. 22. ABD pads. 23. Sterile gauze pads. 24. Adhesive tape assorted sizes. 25. Patient restraints, wrist and ankle. 26. Soft roller bandages. 27. Bandage shears. 28. Sterile obstetrical kit to include, at minimum, bulb syringe, sterile scissors or scalpel, and cord clamps or cord ties. 29. Burn sheets. 30. Flashlight with batteries. 31. Vaseline gauze. 32. Gloves - latex or other suitable material. For all crew members. 33. Face masks for all crew members. 34. Naso and oropharyngeal airways assorted sizes. 35. Safety goggles or equivalent meeting A.N.S.I. Z87.1 standard. 36. Bulb syringe separate from obstetrical kit. 37. Thermal, absorbent, reflective blanket. 38. Standing orders. 39. Electronic waveform capnography capable of real -time monitoring and printing record of the intubated patient (effective 01/01/2008). MEDICATION 1. Atropine sulfate. 2. Dextrose 50 percent. 3. Epinephrine HCL. 4. Epinephrine HCL. 5. Ventricular dysrhythmic. 6. Sodium Bicarbonate. 7. Naloxone (Narcan). 8. Nitroglycerin. 9. Benzodiazepine sedative /anticonvulsant. 10. Inhalant beta adrenergic agent of choice with nebulizer apparatus, as approved by the medical director. LV. Solutions 1. Lactated Ringers or Normal Saline. WT./VOL. 1:1,000 1:10,000 50 mEq. or 44.6. mEg 1 mg. /m1. 2 mg. amp. 0.4 mg. Rulemaking Authority 381.0011, 401.25, 401.251, 401.265, 401.35 FS. Law Implemented 381.0011, 395.405, 401.23, 401.24, 401.25, 401.251, 401.252, 401.26, 401.27, 401.30, 401.31, 401.321, 401.34, 401.35, 401.41, 401.411, 401.414, 401.421 FS. History —New 11- 29 -82, Amended 4 -26- 84, 3- 11 -85, Formerly IOD- 66.51, Amended 4- 12 -88, 8 -3 -88, 8 -7 -89, 12- 10 -92, 11- 30 -93, 10 -2 -94, 1- 26 -97, Formerly IOD- 66.051, Amended 1 -3- 99, 9 -3 -00, 5- 15 -01, 12- 18 -06, Formerly 64E- 2.005, Amended 9 -2 -09. r �� OE County Monroe L BOARD OF COUNTY COMMISSIONERS of A! / Mayor George Neugent, District 2 The Florida Keys � Mayor Pro Tem David Rice, District 4 Danny L. Kolhage, District 1 \ Heather Carruthers, District 3 ` Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: J.2 Agenda Item Summary #3226 BULK ITEM: No DEPARTMENT: BOCC District 4 TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289 -6000 10:30 A.M. AGENDA ITEM WORDING: Discussion and direction to legal staff prepare a Resolution of Support for State Legislation to authorize Air Medical Rescue Pilots and Flight Nurses to be reclassified as Special Risk under the Florida Retirement System rules. The Resolution of Support will be heard for approval at the September 20, 2017 Regular meeting. ITEM BACKGROUND: The 2018 Florida Legislative Session will begin in October 2017. A Resolution of Support from the BOCC to Rep. Holly Raschein will provide the documentation needed to file the Bill. Rep. Raschein is aware of this pending request and is supportive. This proposed legislation would include all Trauma Star Air Medical Rescue flight personnel under the FRS Special Risk classification. EMT and Paramedic positions are included in the Special Risk Class, per FSS.121.0515(3)(d). Previous research by Fire Rescue staff has determined that Air Medical Flight Nurses are not currently included in any of the current nursing specialists listed in Section 3 Criteria of the statute. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: FSS.121.0515 FRS Special Risk Class Sheriffs Letter of Support Chief Callahan's Letter of Support FINANCIAL IMPACT: Effective Date: co 0 as cc N E Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: David Rice Bob Shillinger Kathy Peters Board of County Commissioners Skipped Completed Completed Completed 07/21/2017 3:30 PM 07/24/2017 4:19 PM 07/24/2017 4:32 PM 08/16/2017 9:00 AM I Statutes & Constitution :View Statutes : online Sunshine Select Year: 2016 v i Go The 2o16 Florida Statutes Title X Chapter 121 PUBLIC OFFICERS, EMPLOYEES, AND FLORIDA RETIREMENT RECORDS 1 121.0515 Special Risk Class.— SYSTEM Page 1 View Entire Chapter (1) ESTABLISHMENT OF CLASS. —A separate class of membership within the Florida Retirement System, to be known as the "Special Risk Class," is established to recognize that persons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and mental acuity, and that such persons, because of diminishing physical and mental faculties, may find that they are not able, without risk to the health and safety of themselves, the public, or their coworkers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other membership classes and that, if they find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. To address the peculiar and special problems of this class of employees, a class of retirement membership is established that awards more retirement credit per year of service than that awarded to other employees; however, nothing contained herein shall require ineligibility for Special Risk Class membership upon reaching age 55. (2) MEMBERSHIP.— (a) Until October 1, 1978, "special risk member" means any officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer: law enforcement officer; police officer; highway patrol officer; custodial employee at a correctional or detention facility; correctional agency employee whose duties and responsibilities involve direct contact with inmates, but excluding secretariat and clerical employees; firefighter; or an employee in any other job in the field of law enforcement or fire protection if the duties of such person are certified as hazardous by his or her employer. (b) Effective October 1, 1978, through September 30, 1999, "special risk member" means a member of the Florida Retirement System who is designated as a special risk member by the division in accordance with this section. Such member must be employed as a law enforcement officer, a firefighter, or a correctional officer and must meet certain other special criteria as set forth in this section. (c) Effective October 1, 1999, "special risk member" means a member of the Florida Retirement System who is designated as a special risk member by the division in accordance with this section. Such member must be employed as a law enforcement officer, a firefighter, a correctionat officer, an emergency medical technician, or a paramedic and must meet certain other special criteria as set forth in this section. (d) Effective ,January 1, 2001, "special risk member" includes: �a L) L) 0 B CL cc Zi E http: / /www. leg. state.fl.us /statutes / index.efin ?App_mode =Display _Statute &Search String =... Statutes & Constitution :View Statutes : Online Sunshine Page 2 1. Any member who is employed as a community -based correctional probation officer and meets the special criteria set forth in paragraph (3)(e). 2. Any professional health care bargaining unit or non -unit member who is employed by the Department of Corrections or the Department of Children and Families and meets the special criteria set forth in paragraph (3)(f). (e) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline and meet the special criteria set forth in paragraph (3)(g). (f) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory and meet the special criteria set forth in paragraph (3)(h). (g) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and meet the special criteria set forth in paragraph (3)(i). (h) Effective August 1, 2008, "special risk member" includes any member who meets the special criteria for continued membership set forth in paragraph (3)(j). (3) CRITERIA. —A member, to be designated as a special risk member, must meet the following criteria: (a) Effective October 1, 1978, the member must be employed as a law enforcement officer and be certified, or required to be certified, in compliance with s. 943.1395 however, sheriffs and elected police chiefs are excluded from meeting the certification requirements of this paragraph. In addition, the member's duties and responsibilities must include the pursuit, apprehension, and arrest of law violators or suspected law violators; or as of July 1, 1982, the member must be an active member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included; (b) Effective October 1, 1978, the member must be employed as a firefighter and be certified, or required to be certified, in compliance with s. 633.408 and be employed solely within the fire department of a local government employer or an agency of state government with firefighting responsibilities. In addition, the member's duties and responsibilities must include on- the -scene fighting of fires; as of October 1, 2001, fire prevention or firefighter training; as of October 1, 2001, direct supervision of firefighting units, fire prevention, or firefighter training; or as of July 1, 2001, aerial firefighting surveillance performed by fixed -wing aircraft pilots employed by the Florida Forest Service of the Department of Agriculture and Consumer Services; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but -not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included. All periods of creditable service in fire prevention or firefighter training, or as the supervisor or command officer of a member or members who have such responsibilities, and for which the employer paid the special risk contribution rate, are included; (c) Effective October 1, 1978, the member must be employed as a correctional officer and be certified, or required to be certified, in compliance with s. 943.1395. In addition, the member's primary duties and responsibilities must be the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, or while on work detail outside the facility, or while being transported; or as of July 1, 1984, the member must be the supervisor or �a L) L) 0 B cc E d http: / /www.leg. state. fl. us lstatu.teslindex.cfm ?App_mode= Display_ Statute &Search String =... Statutes & Constitution :View Statutes : Online Sunshine Page 3 command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included; however, wardens and assistant wardens, as defined by rule, are included; (d) Effective October 1, 1999, the member must be employed by a licensed Advance Life Support (ALS) or Basic Life Support (BLS) employer as an emergency medical technician or a paramedic and be certified in compliance with s. 401.27 In addition, the member's primary duties and responsibilities must include on- the -scene emergency medical care or as of October 1, 2001, direct supervision of emergency medical technicians or paramedics, or the member must be the supervisor or command officer of one or more members who have such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are in accounting, purchasing, legal, and personnel, are not included; (e) Effective January 1, 2001, the member must be employed as a community -based correctional probation officer and be certified, or required to be certified, in compliance with s. 943.1395 In addition, the member's primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, and counseling of assigned inmates, probationers, parolees, or community controllees within the community; or the member must be the supervisor of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal services, and personnel management, are not included; however, probation and parole circuit and deputy circuit administrators are included; (f) Effective January 1, 2001, the member must be employed in one of the following classes and must spend at least 75 percent of his or her time performing duties which involve contact with patients or inmates in a correctional or forensic facility or institution: 1. Dietitian (class codes 5203 and 5204); 2. Public health nutrition consultant (class code 5224); 3. Psychological specialist (class codes 5230 and 5231); 4. Psychologist (class code 5234); 5. Senior psychologist (class codes 5237 and 5238); 6. Regional mental health consultant (class code 5240); 7. Psychological Services Director —DCF (class code 5242); 8. Pharmacist (class codes 5245 and 5246); 9. Senior pharmacist (class codes 5248 and 5249); 10. Dentist (class code 5266); 11. Senior dentist (class code 5269); 12. Registered nurse (class codes 5290 and 5291); 13. Senior registered nurse (class codes 5292 and 5293); 14. Registered nurse specialist (class codes 5294 and 5295); 15. Clinical associate (class codes 5298 and 5299); 16. Advanced registered nurse practitioner (class codes 5297 and 5300); 17. Advanced registered nurse practitioner specialist (class codes 5304 and 5305); 18. Registered nurse supervisor (class codes 5306 and 5307); 19. Senior registered nurse supervisor (class codes 5308 and 5309); E 20. Registered nursing consultant (class codes 5312 and 5313); 21. Quality management program supervisor (class code 5314); http: / /www. leg .state.11.us /statutes!index.cfm ?App mode= Display_Statute &Search String =... Statutes & Constitution :View Statutes : Online Sunshine Page 4 22. Executive nursing director (class codes 5320 and 5321); 23. Speech and hearing therapist (class code 5406); or 24. Pharmacy manager (class code 5251); (g) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline recognized by the International Association for Identification and must qualify for active membership in the International Association for Identification. The member's primary duties and responsibilities must include the collection, examination, preservation, documentation, preparation, or analysis of physical evidence or testimony, or both, or the member must be the direct supervisor, quality management supervisor, or command officer of one or more individuals with such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are clerical or in accounting, purchasing, legal, and personnel, are not included; (h) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory in one of the following classes: 1. Forensic technologist (class code 8459); 2. Crime laboratory technician (class code 8461); 3. Crime laboratory analyst (class code 8463); 4. Senior crime laboratory analyst (class code 8464); 5. Crime laboratory analyst supervisor (class code 8466); 6. Forensic chief (class code 9602); or 7. Forensic services quality manager (class code 9603); (i) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and must spend at least 65 percent of his or her time performing duties that involve the collection, examination, preservation, documentation, preparation, or analysis of human tissues or fluids or physical evidence having potential biological, chemical, or radiological hazard or contamination, or use chemicals, processes, or materials that may have carcinogenic or health - damaging properties in the analysis of such evidence, or the member must be the direct supervisor of one or more individuals having such responsibility. If a special risk member changes to another position within the same agency, he or she must submit a complete application as provided in paragraph (4)(a); or (j) The member must have already qualified for and be actively participating in special risk membership under paragraph (a), paragraph (b), or paragraph (c), must have suffered a qualifying injury as defined in this paragraph, must not be receiving disability retirement benefits as provided in s. 121.091 and must satisfy the requirements of this paragraph. 1. The ability to qualify for the class of membership defined in paragraph (2)(h) occurs when two licensed medical physicians, one of whom is a primary treating physician of the member, certify the existence of the physical injury and medical condition that constitute a qualifying injury as defined in this paragraph and that the member has reached maximum medical improvement after August 1, 2008. The certifications from the licensed medical physicians must include, at a minimum, that the injury to the special risk member has resulted in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg; and: a. That this physical loss or loss of use is total and permanent, except if the loss of use is due to a physical injury to the member's brain, in which event the loss of use is permanent with at least 75 percent loss of motor function with respect to each arm or leg affected. �a L) L) 0 B U cc E http: / /w /statutes /index.cfm? App _mode= Displau_Statute &Search String =... Statutes & Constitution :View Statutes: Online Sunshine Page 5 b. That this physical loss or loss of use renders the member physically unable to perform the essential job functions of his or her special risk position. c. That, notwithstanding this physical loss or loss of use, the individual can perform the essential job functions required by the member's new position, as provided in subparagraph 3. d. That use of artificial limbs is not possible or does not alter the member's ability to perform the essential job functions of the member's position. e. That the physical loss or loss of use is a direct result of a physical injury and not a result of any mental, psychological, or emotional injury. 2. For the purposes of this paragraph, "qualifying injury" means an injury sustained in the line of duty, as certified by the member's employing agency, by a special risk member that does not result in total and permanent disability as defined in s. 121.091 (4)(b). An injury is a qualifying injury if the injury is a physical injury to the member's physical body resulting in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg. Notwithstanding any other provision of this section, an injury that would otherwise qualify as a qualifying injury is not considered a qualifying injury if and when the member ceases employment with the employer for whom he or she was providing special risk services on the date the injury occurred. 3. The new position, as described in sub - subparagraph 1.c., that is required for qualification as a special risk member under this paragraph is not required to be a position with essential job functions that entitle an individual to special risk membership. Whether a new position as described in sub - subparagraph 1.c. exists and is available to the special risk member is a decision to be made solely by the employer in accordance with its hiring practices and applicable law. 4. This paragraph does not grant or create additional rights for any individual to continued employment or to be hired or rehired by his or her employer that are not already provided within the Florida Statutes, the State Constitution, the Americans with Disabilities Act, if applicable, or any other applicable state or federal law. (4) PROCEDURE FOR DESIGNATING.— (a) Any member of the Florida Retirement System employed by a county, municipality, or special district who feels that his or her position meets the criteria set forth in this section for membership in the Special Risk Class may request that his or her employer submit an application to the department requesting that the department designate him or her as a Special Risk member. If the employer agrees that the member meets the requirements for Special Risk Class membership, the employer shall submit an application to the department on behalf of the employee containing a certification that the member meets the criteria for Special Risk Class membership set forth in this section and such other supporting documentation as may be required by administrative rule. The department shall, within 90 days, designate or refuse to designate the member as a special risk member. If the employer declines to submit the member's application to the department or if the department does not designate the member as a special risk member, the member or the employer may appeal to the State Retirement Commission, as provided in s. 121.23, for designation as a special risk member. A member who receives a final affirmative ruling pursuant to such appeal shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the department, as determined by the department, and the employer contributions shall be paid in full within 1 year after such final ruling. (b) Applying the criteria set forth in this section, the department shall specify which current and newly created classes of positions under the uniform classification plan established pursuant to chapter 110 entitle the incumbents of positions in those classes to membership in the Special Risk Class. Only �a L) L) 0 B L) iR CL cc N E d http: / /www.leg.state. fl.us /statutes /index.cfni ?App_mode =Display _Statute &Search — Stringy; =... Statutes & Constitution :View Statutes : Online Sunshine Page 6 employees employed in the classes so specified shall be special risk members. If a class is not specified by the department, the employing agency may petition the State Retirement Commission for approval in accordance with s. 121.23 (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP. — (a) Any member who is a special risk member on October 1, 1978, and who fails to meet the criteria for Special Risk Class membership established by this section shall have his or her special risk designation removed and thereafter shall be a regular member and earn only regular membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (b) Any member who is a special risk member on July 1, 2008, and who became eligible to participate under paragraph (3)(g) but fails to meet the criteria for Special Risk Class membership established by paragraph (3)(h) or paragraph (3)(i) shall have his or her special risk designation removed and thereafter shall be a Regular Class member and earn only Regular Class membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (6) CREDIT FOR PAST SERVICE. —A special risk member may purchase retirement credit in the Special Risk Class based upon past service, and may upgrade retirement credit for such past service, to the extent of 2 percent of the member's average monthly compensation as specified in s. 121.091 (1)(a) for such service as follows: (a) The member may purchase special risk credit for past service with a municipality or special district which has elected to join the Florida Retirement System, or with a participating agency to which a member's governmental unit was transferred, merged, or consolidated as provided in s. 121.081 (1)(f), if the member was employed with the municipality or special district when it commenced participating in the Florida Retirement System or with the governmental unit at the time of its transfer, merger, or consolidation with the participating agency. The service must satisfy the criteria set forth in subsection (3) for Special Risk Class membership as a law enforcement officer, firefighter, or correctional officer; however, a certificate or waiver of certificate of compliance with s. 943.1395 or s. 633.408 is not required for such service. (b) Contributions for upgrading the additional special risk credit must be equal to the difference in the employer and, if applicable, employee contributions paid and the special risk percentage rate of gross salary in effect at the time of purchase for the period being claimed, plus interest thereon at the rate of 4 percent a year compounded annually from the date of such service until July 1, 1975, and 6.5 percent a year thereafter until the date of payment. This past service may be purchased by the member or by the employer on behalf of the member. (7) CREDIT FOR PRIOR SERVICE. —A special risk member who has creditable service with an employer under chapter 122 or chapter 321, or was employed as a correctional counselor with the Department of Corrections between December 1, 1970, and September 30, 1979, in a position that satisfies the criteria provided in subsection (3) for Special Risk Class membership except the requirement for a certificate or waiver of certificate, shall have those years of service counted towards the attainment of the normal retirement date as a special risk member under this chapter. The percentage value of each such year of creditable service under chapter 122, chapter 321, or as a correctional counselor may not change as a result of the application of this subsection. A special risk member who has taken a refund of contributions for such creditable service under chapter 122 or chapter 321 and has reclaimed it as prior service credit under this chapter shall be permitted to have such creditable service counted towards the attainment of the normal retirement date for the Special Risk Class of membership under this chapter. �a L) L) 0 B U cc E http: / /www.leg. state.fl.us /statutes /index. cfm? App _mode= Display_Statute &Search — String =... Statutes & Constitution :View Statutes : Online Sunshine Page 7 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS. — (a) A special risk member who is moved or reassigned to a nonspecial risk law enforcement, firefighting, correctional, or emergency medical care administrative support position with the same agency, or who is subsequently employed in such a position within any law enforcement, firefighting, correctional, or emergency medical care agency under the Florida Retirement System, shall participate in the Special Risk Administrative Support Class and earn credit for such service at the same percentage rate as that earned by a regular member. Notwithstanding subsection (5), service in an administrative support position, for purposes of s. 121.091 applies toward satisfaction of the special risk normal retirement date, as defined in s. 121.021 if, while in such position, the member remains certified as a law enforcement officer, firefighter, correctional officer, emergency medical technician, or paramedic; remains subject to reassignment at any time to a position qualifying for special risk membership; and completes an aggregate of the years of service as a designated special risk member before retirement which is equal to or greater than the years of service required to be vested. (b) Upon application by a member, the provisions of this subsection apply, with respect to such member, retroactively to October 1, 1978, if the member was removed from the Special Risk Class effective October 1, 1978, due to a change in special risk criteria as a result of the enactment of chapter 78 -308, Laws of Florida, or was reassigned or employed for training or career development or to fill a critical agency need. (c) The department shall adopt rules as required to administer this subsection. (d) Notwithstanding any other provision of this subsection, this subsection does not apply to any special risk member who qualifies for continued membership pursuant to paragraph (3)(j). (9) RESTORATION OF SPECIAL RISK CREDIT FOR SPECIFIED PERIOD OF EMPLOYMENT. —A special risk member who was removed from the Special Risk Class effective October 1978, for the sole reason that he or she did not possess the required certificate or temporary waiver of certificate, and who obtained certification and was approved for Special Risk Class membership on or before June 30, 1982, may have special risk credit restored for that period upon: (a) Certification by his or her employer that all requirements for Special Risk Class membership except the requirement for certification or temporary waiver of certification were met; and (b) Payment of contributions equal to the difference in the contributions that were paid during the period and the contributions required for special risk members during that period, plus 6.5 percent interest thereon, compounded each June 30 from date of service until date of payment. This credit may be purchased by the member or by the employer on behalf of the member. ?(10) CREDIT FOR UPGRADED SERVICE.— (a) Any member of the Special Risk Class who has earned creditable service through September 30, 1999, in another membership class of the Florida Retirement System as an emergency medical technician or paramedic, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (1)(a)2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. �a L) L) 0 B oa L) cc N E d http: / /www.leg. state. fl. us /statutes /index.cfm ?App_mode= Display Statute &Search_S1ring =... Statutes & Constitution :View Statutes : Online Sunshine Page 8 (b) Any member of the Special Risk Class who has earned creditable service through September 30, 2001, in another membership class of the Florida Retirement System whose responsibilities included fire prevention or firefighter training, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (1)(a)2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. (c) Any member of the Special Risk Class who has earned creditable service through June 30, 2008, in another membership class of the Florida Retirement System in a position with the Department of Law Enforcement or the Division of State Fire Marshal and became covered by the Special Risk Class as described in paragraph (3)(h), or with a local government law enforcement agency or medical examiner's office and became covered by the Special Risk Class as described in paragraph (3)(i), which service is within the purview of the Special Risk Class, and is employed in such position on or after July 1, 2008, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091 (a)2. The cost for such credit must be an amount representing the actuarial accrued liability for the difference in accrual value during the affected period of service. The cost shall be calcuLated using the discount rate and other relevant actuarial assumptions that were used to value the Florida Retirement System Pension Plan liabilities in the most recent actuarial valuation. The division shall ensure that the transfer sum is prepared using a formula and methodology certified by an enrolled actuary. The cost must be paid immediately upon notification by the division. The local government employer may purchase the upgraded service credit on behalf of the member if the member has been employed by that employer for at least 3 years. History. -s. 2, ch. 78 -308; s. 1, ch. 81 -153; s. 1, ch. 81 -214; s. 1, ch. 82 -169; s. 6, ch. 83 -167; s. 35, ch. 83.217; s. 1, ch. 83 -283; s. 26, ch. 84 -258; s. 5, ch. 84 -266; s. 8, ch. 88 -382; s. 55, ch. 92 -279: s. 55, ch. 92 -326; s. 770, ch. 95 -147; s. 3, ch. 98 -138; s. 31, ch. 99 -255; s. 23, ch. 99 -392; s. 4, ch. 2000 -161; ss. 6, 29, ch. 2000 -169: s. 4, ch. 2000 -347; s. 43, ch. 2001- 125; ss. 3, 6, ch. 2001 -235; s. 1, ch. 2001 -279; s. 16, ch. 2002 -273; s. 1, ch. 2005 -167; s. 1, ch. 2008 -77: s. 4, ch. 2010 -179; s. 8, ch. 2011 -68; s. 12, ch. 2012 -5; s. 1, ch. 2012 -7; s. 3, ch. 2012 -222; s. 121, ch. 2013 -183; s. 33, ch. 2014 -19; s. 47, ch. 2014- 162. 1 Note.- - Section 11, ch. 2001 -235, as amended by s. 8, ch. 2002 -177, provides that "[i]t is the intent of the Legislature that the costs attributable to the additional cost -of- living increase for special risk retirees and Deferred Retirement Option Program participants as provided under section 2 shall be funded by recognition of excess actuarial assets, amortized over 30 years with the payments assumed to remain relatively stable when expressed as a percentage of payroll. For fiscal year 2001- 2002, the payment shall be $9.3 million. For fiscal year 2002 -2003, the payment shall be $15.1 million, and, thereafter, payments shall increase by 5 percent per year. If insufficient funds are available to fund this additional cost through recognition of excess actuarial assets in fiscal year 2002 -2003 and any year thereafter, and there remains an unfunded actuarial liability attributable to the one -time cost -of- living increase provided under section 2, the payroll contribution rate for the Special Risk Class of the Florida Retirement System shall be increased by .93 percent effective July 1 of that year, unless the Legislature provides an alternative funding mechanism before that date." Section 2, ch. 2001 -235, amended s. 121.091(13)(b), relating to the Deferred Retirement Option Program to add a provision relating to elected officers. The intended reference may be to s. 10, ch. 2001 -235, which provides a one -time special cost -of- living increase for members of the Special Risk Class. 2 Note.- Section 17, ch. 2002 -273, provides that "[i]t is the intent of the Legislature that any additional cost attributable to the upgrade in the retirement benefits for special risk members who have provided fire prevention or firefighter training above the contributions paid at the time of service shall be funded by recognition of the necessary amount from the excess actuarial assets of the Florida Retirement System Trust Fund." ata co U KJ 0 as CL U cc zi r _ 4) E d http: / /www.leg. state .fl.us /statuteslindex.efiii ?App_mode =Display _Statute &Search_String _ -... Statutes & Constitution *View Statutes : Online Sunshine Page 9 Copyright © 1995 -2017 The Florida Legislature • Privacy Statement • Contact Us �a co U KJ 0 B L) 04 zi r 4) E La d http: //w . leg .state.fl.us /statutes /index.cf ?App_mode= Display_Statute &Search String= MONROE COUNTY SHERIPF'S OFFIC RICHARD A. RAMSAY, SHERIFF ......... n HER M HERE -H ......... ............ xnEnn ............... .............................. ..................................................... ........... ............. .......... ------------ EffloommN Honorable Holly Raschein, RE: Special Risk for Emergency Helicopter Pilots 151�- �#— r M I seek your support and ask that you propose legislation to reclassify the retirement #rovided to emergency medical helicopter pilots to the Special Risk class. Please find -:Iorida Statute § 121.0515 as well as a brief summary of my position attached. Sincerel .2 E BtS E =S CU U) U- 0 L) L) 0 as CL L) E 5,S25 COLLEGt ROAD KTYxA FT, .ST. FL 33 040 --------- io, Q,92-7001 ----------- qQ NET Packet Pg. 1564 Monroe County Sherifffs Office Bureau of Administration M EMORANDU M O: Sheriff Rick Ramsay FROM. Michael Rice, Chief of Statf DATE: July 31, 2017 SUBJECT: Special Risk Class for Trauma Star Emergency Medical Helicopter Pilots I would like to suggest that we propose legislation to change the retirement being offered to Emergency Medical Helicopter pilots to Special Risk Class. The criteria for membership in the Special Risk class is outlined in Florida Statutes and is provided below: A. Physically demanding. B. Requires extraordinary agility. C. Requires a significant amount of mental acuity. 121. 515 Special Risk Class. — (1) ESTABLISHMENT OF CLASS. A separate class of membership within the Florida Retirement System, to be known as the "Special Risk Class, " is established to recognize thatpersons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinar ygiIiN and mental acuity and that such persons, because of diminishing physical and mental faculties, may find that they are not able, without risk to the health and safety of themselves, the public, or their coworkers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other membership classes and that, if they find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. To address the peculiar and special problems of this class of employees, a class of retirement membership is established that awards more retirement credit per year of service than that awarded to other employees; however, nothing contained herein shall require ineligibility far Special Risk Class membership upon reaching age 55. 201 F Statute Title t. hg ter 121, l` �. 1 L) L) 0 as cc E Justification for the proposed change in the retirement classification, is based on the following areas, which are listed as part of the Special Risk Class description (above), A. Physically Demanding or Arduous — There is no doubt that the work of a Emergency Medical Helicopter Pilot is physically demanding. 1. Emergency Medical pilots work in a patient care environment on the aircraft and are exposed to possible infectious diseases and biohazards. Although the pilot does not routinely come into contact with the patient(s), he or she is still susceptible to any exposure to any airborne infectious material that might be present. 2. Fatigue. "Various factors contribute to fatigue in both the patient and air medical crew during flight. These include the person's health, smoking history, alcohol usage, vibration and noise associated with the aircraft, temperature changes, rotational shifts, diet, hypoxia, gravitational forces and barometric changes. 3. Ability to assist in the loading and unloading of patients into the aircraft. At times, due to the weight of the patient, pilots are often asked to assist the medical crew (Nurse / Paramedic) with moving the patient in or out of the aircraft. At times, this can be somewhat challenging as patients have weighed over 350 pounds. 4. Most aircraft are noisy. Although modem aircraft have been designed to minimize noise. Regardless, noise is a significant risk for air medical crews. Noise is created by the engines, rotors, transmission of the aircraft. Noise also temporarily affects the air medical crew's hearing ability and can contribute to gradual hearing loss, especially high frequencies. B. Extraordinary Agility — Emergency Medical Helicopter Pilots require an extraordinary arnount of agility to be able to perform their job effectively 1. Previously mentioned, pilots often assist the medical crew with the loading and unloading of the patient(s). CO L) L) 0 B I CL cc E C Significant amount of mental acuity — Emergency Medical Helicopter pilots must possess an enormous amount of mental acuity to safely and professionally perfom their duties. 1. Emergency Medical helicopter pilots operate their aircraft 24 hours a day, 7 days a week. They are required to land where the patient is in the field. This involves landing in middle of the night on road beds, fields and many other similar locations. 2. Trauma Start pilots as part of their responsibility must operate in some of this nation's busiest airspace (Miami). The ability to communicate effectively with the Air Traffic Controllers is critical as there is a zero tolerance for missed communications. 4. Emergency Medical helicopter pilots must make extremely important decisions, from verifying weather conditions, aircraft status to enroute flight conditions. ThA decision he or she makes, not only impacts erself but also that of the crew and patient, when one is aboard the aircraft. 5. Flying emergency medical helicopters is the most dangerous profession in civilian aviation. In conclusion, statistical analysis demonstrates that operating an Emergency Medical Helicopter is a high-risk operation. Sadly, the amount of EMS related helicopter accidents in the United States is very high, although lower than in previous years due to higher level of oversight from the Federal Aviation Administration of nationwide EMS operators. In addition, piloting a helicopter with a patient(s) in the cabin results in their ata L) 0 B cc E exposure to infectious diseases and biohazards. It is clear to me that the job of a Emergency Medical Helicopter Pilot meets or exceeds the criteria as listed in the Florida Retirement System description of Special Risk Class. Upon reviewing this document, it is my sincere hope that you will seek to introduce legislation that changes the retirement classification of Emergency Medical Helicopter pilots to that of Special Risk Class, Thank you for your assistance in this manner. L) L) 0 as CL L) C zi r _ 4) E 121.5515, Special Risk Class, FL ST R 121.11515 I ev('itc Yellow Fla,; - Nlegative'lreatntent ac�sed �eSislatic�n Vest's Florida Statutes Annotated Title X. Public Officers Employees, and Records �allter 121., Eloritia Rettretnent System (llef� An11os Dart I. General Provisions (Refs & nos) West's F.S.A..§ 121.0515 (1) Establishment of class. - -A separate class of membership within the Florida Retirement System, to be known as the "Special Risk Class," is established to recognize that persons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and mental acuity, and that such persons, because of diminishing physical and mental faculties, may find that they are not able, without risk to the health and safety of themselves, the public, or their coworkers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other membership classes and that, if they find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. To address the peculiar and special problems of this class of employees, a class of retirement membership is established that awards more retirement credit per year of service than that awarded to other employees; however, nothing contained herein shall require ineligibility for Special Risk Class membership upon reaching age 55. (2) Membership.— (a) Until October 1, 1978, "special risk member" means any officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enforcement officer; police officer; highway patrol officer; custodial employee at a correctional or detention facility; correctional agency employee whose duties and responsibilities involve direct contact with inmates, but excluding secretarial and clerical employees; firefighter; or an employee in any other job in the field of law enforcement or fire protection if the duties of such person are certified as hazardous by his or her employer. (b) Etfective October 1, 1978, through September 30, 1999, "special risk member" means a member of the Florida Retirement System who is designated as a special risk member by the division in accordance with this section. Such member must be employed as a law enforcement officer, a firefighter, or a correctional officer and must meet certain other special criteria as set forth in this section. Is cc �a U KJ 0 as CL L) C4 �s 0 d 121,051 5, Special Risk Class, kk ST § 121,0515 (c) Effective October L, 1999, "special risk membee' means a member of - Florida Retirement System who is desi as officer, a. special criteria, as set forth in this section. firefi a correctional officer, ail emergency medical technician, or a paramedic and must meet certain other 1. Any member who is employed as a community-based correctional probation officer and meets the special criteria set forth in paragraph (3)(e). 2. Any professional health care bargaining unit or non -unit member who is employed by the Department of Corrections or the Department of Children and Families and meets the special criteria set forth in paragraph (3)(f). (e) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline and meet the special criteria set forth in paragraph (3)(g). (f) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory and meet the special criteria set forth in paragraph (3)(h). (g) Effective July 1, 2008, the member must be employed by a local government law enforcement agency or medical examiner's office and meet the special criteria set forth in paragraph (3)(i). (h) Effective August 1, 2008, "special risk member" includes any member who meets the special criteria for continued membership set forth in paragraph (3)0). (3) Criteria. - -A member, to be designated as a special risk member, must meet the following criteria. (a) Effective October 1, 1978, the member must be employed as a law enforcement officer and be certified, or required to be certified, in compliance with s. 943.1395; however, sheriffs and elected police chiefs are excluded from meeting the certification requirements of this paragraph. In addition, the member's duties and responsibilities must include the pursuit, apprehension, and arrest of law violators or suspected law violators; or as of July 1, 1982, the member must be an active member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not Iimited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included; �a cc U KJ 0 B CL U CIO C4 zi r _ 0 E 0 d hick Ulass, FL S'T§ 121,0515 (b) Effective October 1, 1978, the member must be employed as a firelighter and be certified, or required to be certified, in compliance with s. 633,408 and be employed solely within the fire department of a local goverrurient employer or an agency of state government with firefighting responsibilities. In addition, the member's duties and responsibilities must include on-the-scene fighting of fires; as of October 1, 2001, fire prevention or firefighter training; as of October 1, 2001, direct supervision of firefighting units, fire prevention, or firefighter training; or as of July 1, 2001, aerial firefighting surveillance performed by fixed-wing aircraft pilots employed by the Florida Forest Service of the Department of Agriculture and Consumer Services; or the member must be the supervisor or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, are not included. All periods of creditable service in fire prevention or firefighter training, or as the supervisor or command officer of a member or members who have such responsibilities, and for which the employer paid the special risk contribution rate, are included; (c) Effective October 1, 1978, the member must be employed as a correctional officer and be certified, or required to be certified, in compliance with s, 943,1395. In addition, the member's primary duties and responsibilities must be the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, or while on work detail outside the facility, or while being transported; or as of July 1, 1984, the member must be the super or command officer of a member or members who have such responsibilities. Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting., purchasing, legal, and personnel, are not included; however, wardens and assistant wardens, as defined by rule, are included; (d) Effective October L, 1999, the member must be employed by a licensed Advance Life Support (ALS) or Basic Life Support (BLS) employer as an emergency medical technician or a paramedic and be certified in compliance with s. 401,27. In addition, the member's primary duties and responsibilities must include on-the-scene emergency medical care or as of October 1, 2001, direct supervision of emergency medical technicians or paramedics, or the member must be the supervisor or command officer of one or more members who have such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are in accounting, purchasing, legal, and personnel, are not included, 0 (e) Effective January 1, 2001, the member must be employed as a community-based correctional probation officer and be certified, or required to be certified, in compliance with s. 943.1395. In addition, the member's primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, and counseling of assigned inmates, probationers, parolees, or community controllees within the community, or the member must be the supervisor of a member or members who have such responsibilities, Administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal services, and personnel management, are not included; however, probation and parole circuit and deputy circuit administrators are included; (f) Effective January 1, 2001, the member must be employed in one of the following classes and must spend at least 75 percent of his or her time performing duties which involve contact with patients or inmates in a correctional or forensic facility or institution: 1. Dietitian (class codes 5203 and 5204); 2. Public health nutrition consultant. (class code 5224); cc L) L) 0 as C zi r _ 4) E 0 121,0515. Special Risk Class, FIL s7 § 121.0515 3. Psychological specialist (class codes 5230 and 5231); 4. Psychologist (class code 5234); 5. Senior psychologist (class codes 5237 and 5238); 6. Regional mental health consultant (class code 5240); 7. Psychological Services Director - -DCF (class code 5242); 8. Pharmacist (class codes 5245 and 5246); 9. Senior pharmacist (class codes 5248 and 5249); 10. Dentist (class code 5266); 11. Senior dentist (class code 5269); 12. Registered nurse (class codes 5290 and 5291); 13. Senior registered nurse (class codes 5292 and 5293); 14. Registered nurse specialist (class codes 5294 and 5295); 15. Clinical associate (class codes 5298 and 5299); 16. Advanced registered nurse practitioner (class codes 5297 and 5300); 121,0515, Special Risk Class, FL ST § 121,0515 P and 18. Registered muse supervisor (class codes 5306 and 5307); 19. Senior registered nurse supervisor (class codes 5308 and 5309); 20. Registered nursing consultant (class codes 5312 and 5313); 21. Quality management program supervisor (class code 5314); 22. Executive nursing director (class codes 5320 and 5321); 23. Speech and hearing therapist (class code 5406); or 24. Pharmacy manager (class code 5251); (g) Effective October 1, 2005, through June 30, 2008, the member must be employed by a law enforcement agency or medical examiner's office in a forensic discipline recognized by the International Association for Identification and must qualify for active membership in the International Association for Identification. The member's primary duties and responsibilities must include the collection, examination, preservation, documentation, preparation, or analysis of physical evidence or testimony, or both, or the member must be the direct supervisor, quality management supervisor, or command officer of one or more individuals with such responsibility. Administrative support personnel, including, but not limited to, those whose primary responsibilities are clerical or in accounting, purchasing, legal, and personnel, are not included; (h) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of State Fire Marshal in the forensic laboratory in one of the following classes: 1. Forensic technologist (class code 8459); 2. Crime laboratory technician (class code 8461); �a cc U KJ 0 B C14 Zj r _ 4s E 0 d 121,0515,::. Risk Class, F ST § 121.5515 3. Crone laboratory analyst (class code 8463); 4. Senior crime laboratory analyst (class code 8464); 5. Crime laboratory analyst supervisor (class code 8466); 6. Forensic chief (class code 9602); or ?. Forensic services quality manager (class code 9603); (i) Effective July 1, 2003, the member must be employed by a local government law enforcement agency or medical examiner's office and must spend at least 65 percent of his or her time performing duties that involve the collection, examination, preservation, documentation, preparation, or analysis of human tissues or fluids or physical evidence having potential biological, chemical, or radiological hazard or contamination, or use chemicals, processes, or materials that 4nay have carcinogenic or health - damaging properties in the analysis of such evidence, or the member must be the direct supervisor of one or more individuals having such responsibility. If a special risk member changes to another position within the same agency, he or she must submit a complete application as provided in paragraph (4)(a); or 6) The member must have already qualified for and be actively participating in special risk membership under paragraph (a), paragraph (b), or paragraph (c), must have suffered a qualifying injury as defined in this paragraph, must not be receiving disability retirement benefits as provided in s. 121.091(4), and must satisfy the requirements of this paragraph. 1. The ability to qualify for the class of membership defined in paragraph (2)(h) occurs when two licensed medical physicians, one of whom is a primary treating physician of the member, certify the existence of the physical injury and medical condition that constitute a qualifying injury as defined in this paragraph and that the member has reached maximum medical improvement after August 1, 2008. The certifications from the licensed medical physicians must include, at a minimum, that the injury to the special risk member has resulted in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg; and: a. That this physical loss or loss of use is total and permanent, except if the loss of use is due to a physical injury to the member's brain, in which event the loss of use is permanent with at least 75 percent loss of motor function with respect to each arm or leg affected. b. That this physical loss or loss of use renders the member physically unable to perform the essential job functions of his or her special risk position. �a cc U U 0 B OL L) C14 Zi r _ 4s E 03 d 121 M. Special Risk Gass FL, ST § 121.4515 c. That, notwithstanding this physical loss or loss of use, the individual can perform the essential job functions required by the member's new position, as provided in subparagraph 3. d. That use of artificial limbs is not possible or does not alter the member's ability to perform the essential job functions of the member's position. e, That the physical loss or loss of use is a direct result of a physical injury and not a result of any mental, psychological, or emotional injury. 2. For the purposes of this paragraph, "qualifying injury" means an injury sustained in the line of duty, as certified by the member's employing agency, by a special risk member that does not result in total and permanent disability as defined in s. 121.091(4)(b). An injury is a qualifying injury if the injury is a physical injury to the member's physical body resulting in a physical loss, or loss of use, of at least two of the following: left arm, right arm, left leg, or right leg. Notwithstanding any other provision of this section, an injury that would otherwise qualify as a qualifying injury is not considered a qualifying injury if and when the member ceases employment with the employer for whom he or she was providing special risk services on the date the injury occurred. 3. The new position, as described in sub - subparagraph I.e., that is required for qualification as a special risk member under this paragraph is not required to be a position with essential job functions that entitle an individual to special risk membership. Whether a new position as described in sub - subparagraph 1.e. exists and is available to the special risk member is a decision to be made solely by the employer in accordance with its hiring practices and applicable law. 4. This paragraph does not grant or create additional rights for any individual to continued employment or to be hired or rehired by his or her employer that are not already provided within the Florida Statutes, the State Constitution, the Americans with Disabilities Act, if applicable, or any other applicable state or federal law. (4) Procedure for designating. -- (a) Any member of the Florida Retirement System employed by a county, municipality, or special district who feels that his or her position meets the criteria set forth in this section for membership in the Special Risk Class may request that his or her employer submit an application to the department requesting that the department designate him or her as a Special Risk member. If the employer agrees that the member meets the requirements for Special Risk Class membership, the employer shall submit an application to the department on behalf of the employee containing a certification that the member meets the criteria for Special Risk Class membership set forth in this section and such other supporting documentation as may be required by administrative rule. The department shall, within 90 days, designate or refuse to designate the member as a special risk member. If the employer declines to submit the member's application to the department or if the department does not designate the member as a special risk member, the member or the employer may appeal to the State Retirement Commission, as provided in s. 121.23, for designation as a special risk member. A member who receives a final affirmative ruling pursuant to such appeal shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the department, as determined by the department, and the employer contributions shall be paid in full within 1 year after such final ruling. �a cc U KJ 0 B OL L) �s d 121.0515. Special Risk Class, FL. ST § 121,0515 (b) Applying the criteria set forth in this section, the department shall specify which current and newly created classes of positions under the uniform classification plan established pursuant to chapter 110 entitle the incumbents of positions in those classes to membership in the Special Risk Class. Only employees employed in the classes so specified shall be special risk members. If a class is not specified by the department, the employing agency may petition the State Retirement CO1mni5sion for approval in accordance with s. 121.23 (5) Removal of Special Risk Class membership. -- (a) Any member who is a special risk member on October 1, 1978, and who fails to meet the criteria for Special Risk Class membership established by this section shall have his or her special risk designation removed and thereafter shall be a regular member and earn only regular membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (b) Any member who is a special risk member on July 1, 2008, and who became eligible to participate under paragraph (3)(g) but fails to meet the criteria for Special Risk Class membership established by paragraph (3)(h) or paragraph (3)(i) shall have his or her special risk designation removed and thereafter shall be a Regular Class member and earn only Regular Class membership credit. The department may review the special risk designation of members to determine whether or not those members continue to meet the criteria for Special Risk Class membership. (6) Credit for past service. - -A special risk member may purchase retirement credit in the Special Risk Class based upon past service, and may upgrade retirement credit for such past service, to the extent of 2 percent of the member's average monthly compensation as specified in s. 121,091(1)(a) for such service as follows: (a) 1 he member may purchase special risk credit for past service with a municipality or special district which has elected to join the Florida Retirement System, or with a participating agency to which a member's governmental unit was transferred, merged, or consolidated as provided in s. 121.081(1)0, if the member was employed with the municipality or special district when it commenced participating in the Florida Retirement System or with the governmental unit at the time of its transfer, merger, or consolidation with the participating agency. The service must satisfy the criteria set forth in subsection (3) for Special Risk Class membership as a law enforcement officer, firefighter, or correctional officer; however, a certificate or waiver of certificate of compliance with s. 943.1395 or s. 633.108 is not required for such service. (b) Contributions for upgrading the additional special risk credit must be equal to the difference in the employer and, if applicable, employee contributions paid and the special risk percentage rate of gross salary in effect at the time of purchase for the period being claimed, plus interest thereon at the rate of 4 percent a year compounded annually from the date of such service until July 1, 1975, and 6.5 percent a year thereafter until the date of payment. This past service may be purchased by the member or by the employer on behalf of the member. (7) Credit for prior service.- -A special risk member who has creditable service with an employer under chapter 122 or chapter 321, or was employed as a correctional counselor with the Department of Corrections between December 1, 1970, �a cc L) KJ 0 B CL L) zi r _ as E d i ,0517: Special Risk Clccck FL ST § 121 .0515 (8) Special Risk Administrative Support Class. -- (b) Upon application by a member, the provisions of this subsection apply, with respect to such member, retroactively to October 1, 1978, if the member was removed from the Special Risk Class effective October 1, 1978, due to a change in special risk criteria as a result of the enactment of chapter 78 -308, Laws of Florida, or was reassigned or employed for training or career development or to fill a critical agency need. (c) 'I'e department shall adopt rules as required to administer this subsection. (d) Notwithstanding any other provision of this subsection, this subsection does not apply to any special risk member who qualifies for continued membership pursuant to paragraph (3)0). (9) Restoration of special risk credit for specified period of employment.--A special risk member who was removed from the Special Risk Class effective October 1978, for the sole reason that he or she did not possess the required certificate or temporary waiver of certificate, and who obtained certification and was approved for Special Risk Class membership on or before June 30, 1982, may have special risk credit restored for that period upon: (a) Certification by his or her employer that all requirements for Special Risk Class membership except the requirement for certification or temporary waiver of certification were met; and �a cc U KJ 0 B CL L) 04 zi r _ 4s d 121 .0515, Special Birk Class, FL ST § 121,0515 (b) Payment of contributions equal to the difference in the contributions that were paid during the period and the contributions required for special risk members during that period., plus 6.5 percent interest thereon, compounded each June 30 from date of service until date of payment. This credit may be purchased by the member or by the employer on behalf of the member. (10) Credit for upgraded service. -- (a) Any member of the Special Risk Class who has earned creditable service through September 30, 1999, in another membership class of the Florida Retirement System as an emergency medical technician or paramedic, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in S. 121 .09 1(l)(a) 2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. (b) Any member of the Special Risk Class who has earned creditable service through September 30, 2001, in another membership class of the Florida Retirement System whose responsibilities included fire prevention or firefighter training, which service is within the purview of the Special Risk Class, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121,091(1)(a) 2. Contributions for upgrading such service to Special Risk Class credit must be equal to the difference in the contributions paid and the Special Risk Class contribution rate as a percentage of gross salary in effect for the period being claimed, plus interest thereon at the rate of 6.5 percent a year, compounded annually until the date of payment. This service credit may be purchased by the employer on behalf of the member. �a (c) Any member of the Special Risk Class who has earned creditable service through June 30, 2008, in another membership class of the Florida Retirement System in a position with the Department of Law Enforcement or the Division of State Fire Marshal and became covered by the Special Risk Class as described in paragraph (3)(h), or with a local government law enforcement agency or medical examiner's office and became covered by the Special Risk Class as described in paragraph cc (3)(i), which service is within the purview of the Special Risk Class, and is employed in such position on or after July 1, U 2008, may purchase additional retirement credit to upgrade such service to Special Risk Class service, to the extent of the percentages of the member's average final compensation provided in s. 121.091(1)(a) 2. The cost for such credit must be an amount representing the actuarial accrued liability for the difference in accrual value during the affected period of service. The cost shall be calculated using the discount rate and other relevant actuarial assumptions that were used to value the Florida Retirement System Pension Plan liabilities in the most recent actuarial valuation. The division shall ensure that the OL transfer sum is prepared using a formula and methodology certified by an enrolled actuary. The cost must be paid immediately upon notification by the division. The local government employer may purchase the upgraded service credit on U behalf of the member if the member has been employed by that employer for at least 3 years. < 04 Credits E Laws 1978, c. 78 -308, § 2; Laws 1981, c. 81 -153, § 1; Laws 1981, c. 81 -214, § 1; Laws 1982, c. 82 -169, § 1; Laws 1983, c. 83 -167, § 6; Laws 1983, c. 83 -217, § 35; Laws 1983, c. 83 -283, § 1; Laws 1984, c. 84 -258, § 26; Laws 1984, c. 84 -266, § 5; 121,0515. Special Risk Class, FL ST § 121 051 Notes of Decisions (20) West's F. S. A. § 121 0515, I'L ST� 121.0515 Current with chapters from the 2017 First Regular Session of the 25th Legislature in effect through July 7, 2017 End of Docoment Rcnm No clain to original U.S. Government Works eft L) L) 0 OL 04 zi r _ 4) E County of Monroe Ile Florida Keys DIVISION or LIVILRGENCYSERVICES t90 63'S1rei(:,t Oscan chiodlion. FL 33050 PHONU (30;7) 289-6088 FAX: (305) 289-6007 Honorable Holly Raschein, Florida House of Representatives 209 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 RE. Special Risk for Flight Nurses Dear Representative Raschein: . IRE sc ROAUHIJU CkJ :Q;'J:] t IMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern, David Rice, District 4 Danny L. Kolhage, District I Headier Carruthers, District 3 Sylvia I Murphy, District 5 As you are aware, Monroe County Fire Rescue and the Monroe County Sheriffs Office cooperatively operate the Trauma Star air ambulance service. Although the flight crew, which consists of a pilot, flight nurse, and flight paramedic, all function as a team, and accordingly, are all subjected to the dangers inherent in rotary wing medical evacuations, a disparity exists in the classification of cressimembers within the Florida Retirement System. Under current Florida Statute, §121.0515, our flight medics are members of the Special Risk Class within the Florida Retirement System, as they are all certified firefighter paramedics. The flight nurses and pilots however, are not, and are, therefore, classified as Regular members. On behalf of Monroe County Fire Rescue, I seek your support in remedying this disparity and ask that you propose legislation to reclassify emergency medical helicopter pilots and flight nurses to the Special Risk Class. Thank you for your assistance in this manner. oo L) L) 0 as CL n eC L) N Z.; E L) 03