Florida HB 1289: Department of Agriculture and Consumer Services

Bill Text

HB 1289 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1289-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to 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
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Be It Enacted by the Legislature of the State of Florida: 12
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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

HB 1289 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1289-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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

HB 1289 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

HB 1289 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1289-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S