Special Risk Class

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A bill to be entitled 1
An act relating to the special risk class; amending s. 2
121.0515, F.S.; revising the Special Risk Class member 3
criteria to include members employed as certain 4
prosecutors and special investigators; providing the 5
years of creditable service for full retirement 6
eligibility; making technical changes; amending ss. 7
121.052 and 121.055, F.S.; conforming provisions to 8
changes made by the act; providing a declaration of 9
important state interest; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Paragraph (h) of subsection (2), subsection 14
(3), and paragraph (d) of subsection (8) of section 121.0515, 15
Florida Statutes, are amended to read: 16
121.0515 Special Risk Class.— 17
(2) MEMBERSHIP.— 18
(h) Effective August 1, 2008, "special risk member" 19
includes any member who meets the special criteria for continued 20
membership set forth in paragraph (3)(k) (3)(j). 21
(3) CRITERIA.—A member, to be designated as a special risk 22
member, must meet the following criteria: 23
(a) Effective October 1, 1978, the member must be employed 24
as a law enforcement officer and be certified, or required to be 25

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certified, in compliance with s. 943.1395, except that; however, 26
sheriffs and elected police chiefs are not required to be 27
certified excluded from meeting the certification requirements 28
of this paragraph. In addition, the member's duties and 29
responsibilities must include the pursuit, apprehension, and 30
arrest of law violators or suspected law violators; or as of 31
July 1, 1982, the member must be an active member of a bomb 32
disposal unit whose primary responsibility is the location, 33
handling, and disposal of explosive devices; or the member must 34
be the supervisor or command officer of a member or members who 35
have such responsibilities. Administrative support personnel, 36
including, but not limited to, those whose primary duties and 37
responsibilities are in accounting, purchasing, legal, and 38
personnel, are not included; 39
(b) Effective October 1, 1978, the member must be employed 40
as a firefighter and be certified, or required to be certified, 41
in compliance with s. 633.408 and be employed solely within the 42
fire department of a local government employer or an agency of 43
state government with firefighting responsibilities. In 44
addition, the member's duties and responsibilities must include 45
on-the-scene fighting of fires; as of October 1, 2001, fire 46
prevention or firefighter training; as of October 1, 2001, 47
direct supervision of firefighting units, fire prevention, or 48
firefighter training; or as of July 1, 2001, aerial firefighting 49
surveillance performed by fixed-wing aircraft pilots employed by 50

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the Florida Forest Service of the Department of Agriculture and 51
Consumer Services; or the member must be the supervisor or 52
command officer of a member or members who have such 53
responsibilities. Administrative support personnel, including, 54
but not limited to, those whose primary duties and 55
responsibilities are in accounting, purchasing, legal, and 56
personnel, are not included. All periods of creditable service 57
in fire prevention or firefighter training, or as the supervisor 58
or command officer of a member or members who have such 59
responsibilities, and for which the employer paid the special 60
risk contribution rate, are included; 61
(c) Effective October 1, 1978, the member must be employed 62
as a correctional officer and be certified, or required to be 63
certified, in compliance with s. 943.1395. In addition, the 64
member's primary duties and responsibilities must be the 65
custody, and physical restraint if when necessary, of prisoners 66
or inmates within a prison, jail, or other criminal detention 67
facility, or while on work detail outside the facility, or while 68
being transported; or as of July 1, 1984, the member must be the 69
supervisor or command officer of a member or members who have 70
such responsibilities. Administrative support personnel, 71
including, but not limited to, those whose primary duties and 72
responsibilities are in accounting, purchasing, legal, and 73
personnel, are not included; however, wardens and assistant 74
wardens, as defined by rule, are included; 75

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(d) Effective October 1, 1999, the member must be employed 76
by a licensed Advance Life Support (ALS) or Basic Life Support 77
(BLS) employer as an emergency medical technician or a paramedic 78
and be certified in compliance with s. 401.27. In addition, the 79
member's primary duties and responsibilities must include on-80
the-scene emergency medical care or as of October 1, 2001, 81
direct supervision of emergency medical technicians or 82
paramedics, or the member must be the supervisor or command 83
officer of one or more members who have such responsibility. 84
Administrative support personnel, including, but not limited to, 85
those whose primary responsibilities are in accounting, 86
purchasing, legal, and personnel, are not included; 87
(e) Effective January 1, 2001, the member must be employed 88
as a community-based correctional probation officer and be 89
certified, or required to be certified, in compliance with s. 90
943.1395. In addition, the member's primary duties and 91
responsibilities must be the supervised custody, surveillance, 92
control, investigation, and counseling of assigned inmates, 93
probationers, parolees, or community controllees within the 94
community; or the member must be the supervisor of a member or 95
members who have such responsibilities. Administrative support 96
personnel, including, but not limited to, those whose primary 97
duties and responsibilities are in accounting, purchasing, legal 98
services, and personnel management, are not included; however, 99
probation and parole circuit and deputy circuit administrators 100

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are included; 101
(f) Effective January 1, 2001, the member must be employed 102
in one of the following classes and must spend at least 75 103
percent of his or her time performing duties that which involve 104
contact with patients or inmates in a correctional or forensic 105
facility or institution: 106
1. Dietitian (class codes 5203 and 5204); 107
2. Public health nutrition consultant (class code 5224); 108
3. Psychological specialist (class codes 5230 and 5231); 109
4. Psychologist (class code 5234); 110
5. Senior psychologist (class codes 5237 and 5238); 111
6. Regional mental health consultant (class code 5240); 112
7. Psychological Services Director—DCF (class code 5242); 113
8. Pharmacist (class codes 5245 and 5246); 114
9. Senior pharmacist (class codes 5248 and 5249); 115
10. Dentist (class code 5266); 116
11. Senior dentist (class code 5269); 117
12. Registered nurse (class codes 5290 and 5291); 118
13. Senior registered nurse (class codes 5292 and 5293); 119
14. Registered nurse specialist (class codes 5294 and 120
5295); 121
15. Clinical associate (class codes 5298 and 5299); 122
16. Advanced practice registered nurse (class codes 5297 123
and 5300); 124
17. Advanced practice registered nurse specialist (class 125

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codes 5304 and 5305); 126
18. Registered nurse supervisor (class codes 5306 and 127
5307); 128
19. Senior registered nurse supervisor (class codes 5308 129
and 5309); 130
20. Registered nursing consultant (class codes 5312 and 131
5313); 132
21. Quality management program supervisor (class code 133
5314); 134
22. Executive nursing director (class codes 5320 and 135
5321); 136
23. Speech and hearing therapist (class code 5406); or 137
24. Pharmacy manager (class code 5251); 138
(g) Effective October 1, 2005, through June 30, 2008, the 139
member must be employed by a law enforcement agency or medical 140
examiner's office in a forensic discipline recognized by the 141
International Association for Identification and must qualify 142
for active membership in the International Association for 143
Identification. The member's primary duties and responsibilities 144
must include the collection, examination, preservation, 145
documentation, preparation, or analysis of physical evidence or 146
testimony, or both, or the member must be the direct supervisor, 147
quality management supervisor, or command officer of one or more 148
individuals with such responsibility. Administrative support 149
personnel, including, but not limited to, those whose primary 150

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responsibilities are clerical or in accounting, purchasing, 151
legal, and personnel, are not included; 152
(h) Effective July 1, 2008, the member must be employed by 153
the Department of Law Enforcement in the crime laboratory or by 154
the Department of Financial Services in the forensic laboratory 155
in one of the following classes: 156
1. Forensic technologist (class code 8459); 157
2. Crime laboratory technician (class code 8461); 158
3. Crime laboratory analyst (class code 8463); 159
4. Senior crime laboratory analyst (class code 8464); 160
5. Crime laboratory analyst supervisor (class code 8466); 161
6. Forensic chief (class code 9602); or 162
7. Forensic services quality manager (class code 9603); 163
(i) Effective July 1, 2008, the member must be employed by 164
a local government law enforcement agency or medical examiner's 165
office and must spend at least 65 percent of his or her time 166
performing duties that involve the collection, examination, 167
preservation, documentation, preparation, or analysis of human 168
tissues or fluids or physical evidence having potential 169
biological, chemical, or radiological hazard or contamination, 170
or use chemicals, processes, or materials that may have 171
carcinogenic or health-damaging properties in the analysis of 172
such evidence, or the member must be the direct supervisor of 173
one or more individuals having such responsibility. If a special 174
risk member changes to another position within the same agency, 175

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he or she must submit a complete application as provided in 176
paragraph (4)(a); or 177
(j) Effective July 1, 2026, the member must be employed as 178
a state attorney as defined in s. 542.17(7), the statewide 179
prosecutor as described in s. 16.56, an assistant statewide 180
prosecutor as designated under s. 16.56(3), or a special 181
investigator as defined in s. 27.251. The number of creditable 182
years for full retirement eligibility for such member shall be 183
30 years without penalty; or 184
(k) The member must have already qualified for and be 185
actively participating in special risk membership under 186
paragraph (a), paragraph (b), or paragraph (c), must have 187
suffered a qualifying injury as defined in this paragraph, must 188
not be receiving disability retirement benefits as provided in 189
s. 121.091(4), and must satisfy the requirements of this 190
paragraph. 191
1. The ability to qualify for the class of membership 192
defined in paragraph (2)(h) occurs when two licensed medical 193
physicians, one of whom is a primary treating physician of the 194
member, certify the existence of the physical injury and medical 195
condition that constitute a qualifying injury as defined in this 196
paragraph and that the member has reached maximum medical 197
improvement after August 1, 2008. The certifications from the 198
licensed medical physicians must include, at a minimum, that the 199
injury to the special risk member has resulted in a physical 200

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loss, or loss of use, of at least two of the following: left 201
arm, right arm, left leg, or right leg; and that: 202
a. The That this physical loss or loss of use is total and 203
permanent, except if the loss of use is due to a physical injury 204
to the member's brain, in which event the loss of use is 205
permanent with at least 75 percent loss of motor function with 206
respect to each arm or leg affected. 207
b. The That this physical loss or loss of use renders the 208
member physically unable to perform the essential job functions 209
of his or her special risk position. 210
c. That, Notwithstanding the this physical loss or loss of 211
use, the individual can perform the essential job functions 212
required by the member's new position, as provided in 213
subparagraph 3. 214
d. That Use of artificial limbs is not possible or does 215
not alter the member's ability to perform the essential job 216
functions of the member's position. 217
e. That The physical loss or loss of use is a direct 218
result of a physical injury and not a result of any mental, 219
psychological, or emotional injury. 220
2. For the purposes of this paragraph, the term 221
"qualifying injury" means an injury sustained in the line of 222
duty, as certified by the member's employing agency, by a 223
special risk member that does not result in total and permanent 224
disability as defined in s. 121.091(4)(b). An injury is a 225

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qualifying injury if the injury is a physical injury to the 226
member's physical body resulting in a physical loss, or loss of 227
use, of at least two of the following: left arm, right arm, left 228
leg, or right leg. Notwithstanding any other provision of this 229
section, an injury that would otherwise qualify as a qualifying 230
injury is not considered a qualifying injury if and when the 231
member ceases employment with the employer for whom he or she 232
was providing special risk services on the date the injury 233
occurred. 234
3. The new position, as described in sub-subparagraph 235
1.c., which that is required for qualification as a special risk 236
member under this paragraph is not required to be a position 237
with essential job functions that entitle an individual to 238
special risk membership. Whether a new position as described in 239
sub-subparagraph 1.c. exists and is available to the special 240
risk member is a decision to be made solely by the employer in 241
accordance with its hiring practices and applicable law. 242
4. This paragraph does not grant or create additional 243
rights for any individual to continued employment or to be hired 244
or rehired by his or her employer which that are not already 245
provided within the Florida Statutes, the State Constitution, 246
the Americans with Disabilities Act, if applicable, or any other 247
applicable state or federal law. 248
(8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.— 249
(d) Notwithstanding any other provision of this 250

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subsection, this subsection does not apply to any special risk 251
member who qualifies for continued membership pursuant to 252
paragraph (3)(k) (3)(j). 253
Section 2. Paragraph (a) of subsection (2) of section 254
121.052, Florida Statutes, is amended to read: 255
121.052 Membership class of elected officers.— 256
(2) MEMBERSHIP.—The following holders of elective office, 257
hereinafter referred to as "elected officers," whether assuming 258
elective office by election, reelection, or appointment, are 259
members of the Elected Officers' Class, except as provided in 260
subsection (3): 261
(a) Any Governor, Lieutenant Governor, Cabinet officer, 262
legislator, Supreme Court justice, district court of appeal 263
judge, or circuit judge, or state attorney assuming office on or 264
after July 1, 1972. 265
Section 3. Paragraphs (h) and (k) of subsection (1) of 266
section 121.055, Florida Statutes, are amended to read: 267
121.055 Senior Management Service Class.—There is hereby 268
established a separate class of membership within the Florida 269
Retirement System to be known as the "Senior Management Service 270
Class," which shall become effective February 1, 1987. 271
(1) 272
(h)1. Except as provided in subparagraph 3., effective 273
January 1, 1994, participation in the Senior Management Service 274
Class shall be compulsory for the State Courts Administrator and 275

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the Deputy State Courts Administrators, the Clerk of the Supreme 276
Court, the Marshal of the Supreme Court, the Executive Director 277
of the Justice Administrative Commission, the capital collateral 278
regional counsel, the clerks of the district courts of appeals, 279
the marshals of the district courts of appeals, and the trial 280
court administrator and the Chief Deputy Court Administrator in 281
each judicial circuit. Effective January 1, 1994, additional 282
positions in the office offices of the state attorney and public 283
defender in each judicial circuit may be designated for 284
inclusion in the Senior Management Service Class of the Florida 285
Retirement System, provided that: 286
a. Positions to be included in the class shall be 287
designated by the state attorney or public defender, as 288
appropriate. Notice of intent to designate positions for 289
inclusion in the class shall be published for at least 2 290
consecutive weeks on a publicly accessible website as provided 291
in s. 50.0311 or, if published in print, once a week for 2 292
consecutive weeks in a newspaper qualified under chapter 50 in 293
the county or counties affected. 294
b. One nonelective full-time position may be designated 295
for each state attorney and public defender reporting to the 296
Department of Management Services; for agencies with 200 or more 297
regularly established positions under the state attorney or 298
public defender, additional nonelective full-time positions may 299
be designated, not to exceed 0.5 percent of the regularly 300

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established positions within the agency. 301
c. Each position added to the class must be a managerial 302
or policymaking position filled by an employee who serves at the 303
pleasure of the state attorney or public defender without civil 304
service protection, and who: 305
(I) Heads an organizational unit; or 306
(II) Has responsibility to effect or recommend personnel, 307
budget, expenditure, or policy decisions in his or her areas of 308
responsibility. 309
2. Participation in this class shall be compulsory, except 310
as provided in subparagraph 3., for any judicial employee who 311
holds a position designated for coverage in the Senior 312
Management Service Class, and such participation shall continue 313
until the employee terminates employment in a covered position. 314
Effective January 1, 2001, participation in this class is 315
compulsory for assistant state attorneys, assistant statewide 316
prosecutors, assistant public defenders, and assistant capital 317
collateral regional counsel. Effective January 1, 2002, 318
participation in this class is compulsory for assistant 319
attorneys general. 320
3. In lieu of participation in the Senior Management 321
Service Class, such members, excluding assistant state 322
attorneys, assistant public defenders, assistant statewide 323
prosecutors, assistant attorneys general, and assistant capital 324
collateral regional counsel, may participate in the Senior 325

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Management Service Optional Annuity Program as established in 326
subsection (6). 327
(k) Any state attorney or public defender in the Elected 328
Officers' Class who has creditable service as an assistant state 329
attorney or assistant public defender may upgrade retirement 330
credit for such service in accordance with the provisions of 331
paragraph (j). 332
Section 4. The Legislature finds that a proper and 333
legitimate state purpose is served when employees, officers, and 334
retirees of the state and its political subdivisions, and the 335
dependents, survivors, and beneficiaries of such employees, 336
officers, and retirees, are extended the basic protections 337
afforded by governmental retirement systems. These persons must 338
be provided benefits that are fair and adequate and that are 339
managed, administered, and funded in an actuarially sound manner 340
as required by s. 14, Article X of the State Constitution and 341
part VII of chapter 112, Florida Statutes. Therefore, the 342
Legislature determines and declares that this act fulfills an 343
important state interest. 344
Section 5. This act shall take effect July 1, 2026. 345