To include a closing date of June 30, 2014 for the Youth Custody Officer of the Department of Juvenile Justice.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

RULE NO.:RULE TITLE:

60S-1.0053Criteria for Special Risk Class Membership – Correctional Officers

PURPOSE AND EFFECT: To include a closing date of June 30, 2014 for the Youth Custody Officer of the Department of Juvenile Justice.

SUMMARY: Amending the rule to include a closing date of June 30, 2014 for the Youth Custody Officer of the Department of Juvenile Justice.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Not required because there are no adverse impacts on economic growth, business competitiveness or regulatory costs of more than $1M in the aggregate within five years of implementation.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 121.031 FS.

LAW IMPLEMENTED: 121.021(15), 121.0515 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Monday, November 17, 2014, 10:30 a.m., ET

PLACE: Division of Retirement of the Department of Management Services, 2450 Shumard Oak Blvd., Bldg. 2, Room 2-1326, Tallahassee, FL

PLEASE NOTE: All attendees must sign in with the security station and obtain a visitor badge.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Beth Rissinger, Operation and Pension Analyst, Division of Retirement, Department of Management Services at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee FL 32399-1560, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60S-1.0053 Criteria for Special Risk Class Membership – Correctional Officers.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are filling correctional officer positions, regardless of the title of such a position.

(1) No change.

(2) Any member who seeks Special Risk Class membership must hold one of the following correctional officer positions:

(a) Effective October 1, 1978, a correctional officer whose primary duty and responsibility is 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 or while being transported outside the facility.

(b) Effective October 1, 1978, a Warden or Assistant Warden (regardless of title) of a correction or detention facility where duly committed inmates are confined, housed, or maintained and where correctional officers are employed. Warden shall mean the person directly in charge of the day-to-day operations of a specific correction or detention facility. Assistant Warden shall mean the one person whose responsibilities include direct line authority from the Warden over all subordinate employees for the day-to-day operations at the facility. If no one employee in a corrections facility has such responsibility, then for retirement purposes there is no assistant warden at that facility, except that in large state institutions there may be more than one assistant warden if the institution is divided into units, each having an assistant warden with direct line authority from the warden over all subordinate employees for the day to day operations within the unit.

(c) Effective July 1, 1984, a command officer or supervisor of a Special Risk Class member or members holding a position as described in paragraph (2)(a) above.

(d) Effective January 1, 2001, a community-based correctional probation officer whose 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 supervisor of a member who has such responsibilities; or probation and parole circuit administrator, or deputy circuit administrator.

(e) Effective July 1, 2001 through June 30, 2014, a youth custody officer of the Department of Juvenile Justice whose primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, apprehension, arrest, and counseling of assigned juveniles within the community.

(3) No change.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 10-2-78, Amended 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.053, 22B-1.0053, Amended 9-17-03, 4-5-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dan Drake, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Craig Nichols, Agency Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2014