SB 1304 / HB 1289 — Special Risk expansion to prosecutors and investigators

What was SB 1304 / HB 1289?

SB 1304 was filed by Senator Martin for the 2026 Regular Session, with HB 1289 as the House companion. The bill would have added state attorneys, the statewide prosecutor, assistant statewide prosecutors, and special investigators employed under s. 27.251 to the FRS Special Risk Class. Neither bill received a committee hearing. SB 1304 died in Governmental Oversight and Accountability when the regular session ended on March 13, 2026.

Who would have been affected?

Four groups of positions were targeted. State attorneys (the elected officials) are currently in the Elected Officers' Class under s. 121.052; the bill would have removed them from that class entirely. The statewide prosecutor and assistant statewide prosecutors (s. 16.56) are currently in the Senior Management Service Class. Special investigators (s. 27.251) are municipal police officers or sheriff's deputies detailed to state attorney task forces — they hold law enforcement certifications, have full arrest powers, and must meet CJSTC standards. Some may already qualify for Special Risk through their primary employer; the bill would have ensured coverage in their task force role.

Note: Assistant state attorneys (line prosecutors) are compulsorily in the Senior Management Service Class since January 1, 2001 under s. 121.055(1)(h). The bill specifically targeted the elected state attorney, not assistant state attorneys generally.

What would Special Risk membership mean for these positions?

Special Risk uses a 3% per year benefit multiplier, compared to lower effective rates in the Senior Management Service and Elected Officers' classes. Normal retirement for the new members would have required 25 years of creditable service or age 55, compared to different thresholds in their current classes. Special Risk members are eligible for the proposed SB 7028 minimum 1.5% COLA floor after five years of retirement — membership classes outside Special Risk do not have this. Employer contribution rates for Special Risk are higher than other classes, which would have increased costs for the state.

Why it matters for Special Risk members

Special Risk Class expansion is a recurring theme in the Florida Legislature. In 2024, bills sought to add 911 public safety telecommunicators (SB 1508) and redefine Special Risk criteria (HB 1089, SB 560). None passed. Expansion does not change individual member benefits, but it affects the actuarial profile of the class — more members means more projected liability, which feeds into the annual Milliman actuarial valuation and ultimately employer contribution rates. With the SB 7028 COLA floor now making Special Risk more valuable, continued interest in reclassification from other groups is expected. Bills like this tend to be refiled across sessions. If a future version passes, it would not change benefit calculations for existing Special Risk members, but it would be relevant context for understanding the class's financial health.