Bill Text: FL S1146 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Special Risk Class of the Florida Retirement System

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Messages [S1146 Detail]

Download: Florida-2020-S1146-Introduced.html

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       Florida Senate - 2020                                    SB 1146
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01165-20                                           20201146__
    1                        A bill to be entitled                      
    2         An act relating to the Special Risk Class of the
    3         Florida Retirement System; amending s. 121.0515, F.S.;
    4         adding juvenile detention officers and juvenile
    5         detention officer supervisors employed by the
    6         Department of Juvenile Justice who meet certain
    7         criteria to the class; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 121.0515, Florida
   12  Statutes, is amended, and paragraph (i) is added to subsection
   13  (2) of that section, to read:
   14         121.0515 Special Risk Class.—
   15         (2) MEMBERSHIP.—
   16         (i) Effective July 1, 2020, the member must be employed by
   17  the Department of Juvenile Justice as a juvenile detention
   18  officer or a juvenile detention officer supervisor and meet the
   19  special criteria set forth in paragraph (3)(k).
   20         (3) CRITERIA.—A member, to be designated as a special risk
   21  member, must meet the following criteria:
   22         (a) Effective October 1, 1978, the member must be employed
   23  as a law enforcement officer and be certified, or required to be
   24  certified, in compliance with s. 943.1395, except that; however,
   25  sheriffs and elected police chiefs are not required to be
   26  certified excluded from meeting the certification requirements
   27  of this paragraph. In addition, the member’s duties and
   28  responsibilities must include the pursuit, apprehension, and
   29  arrest of law violators or suspected law violators; or as of
   30  July 1, 1982, the member must be an active member of a bomb
   31  disposal unit whose primary responsibility is the location,
   32  handling, and disposal of explosive devices; or the member must
   33  be the supervisor or command officer of a member or members who
   34  have such responsibilities. Administrative support personnel,
   35  including, but not limited to, those whose primary duties and
   36  responsibilities are in accounting, purchasing, legal, and
   37  personnel, are not included;
   38         (b) Effective October 1, 1978, the member must be employed
   39  as a firefighter and be certified, or required to be certified,
   40  in compliance with s. 633.408 and be employed solely within the
   41  fire department of a local government employer or an agency of
   42  state government with firefighting responsibilities. In
   43  addition, the member’s duties and responsibilities must include
   44  on-the-scene fighting of fires; as of October 1, 2001, fire
   45  prevention or firefighter training; as of October 1, 2001,
   46  direct supervision of firefighting units, fire prevention, or
   47  firefighter training; or as of July 1, 2001, aerial firefighting
   48  surveillance performed by fixed-wing aircraft pilots employed by
   49  the Florida Forest Service of the Department of Agriculture and
   50  Consumer Services; or the member must be the supervisor or
   51  command officer of a member or members who have such
   52  responsibilities. Administrative support personnel, including,
   53  but not limited to, those whose primary duties and
   54  responsibilities are in accounting, purchasing, legal, and
   55  personnel, are not included. All periods of creditable service
   56  in fire prevention or firefighter training, or as the supervisor
   57  or command officer of a member or members who have such
   58  responsibilities, and for which the employer paid the special
   59  risk contribution rate, are included;
   60         (c) Effective October 1, 1978, the member must be employed
   61  as a correctional officer and be certified, or required to be
   62  certified, in compliance with s. 943.1395. In addition, the
   63  member’s primary duties and responsibilities must be the
   64  custody, and physical restraint if when necessary, of prisoners
   65  or inmates within a prison, jail, or other criminal detention
   66  facility, or while on work detail outside the facility, or while
   67  being transported; or as of July 1, 1984, the member must be the
   68  supervisor or command officer of a member or members who have
   69  such responsibilities. Administrative support personnel,
   70  including, but not limited to, those whose primary duties and
   71  responsibilities are in accounting, purchasing, legal, and
   72  personnel, are not included; however, wardens and assistant
   73  wardens, as defined by rule, are included;
   74         (d) Effective October 1, 1999, the member must be employed
   75  by a licensed Advance Life Support (ALS) or Basic Life Support
   76  (BLS) employer as an emergency medical technician or a paramedic
   77  and be certified in compliance with s. 401.27. In addition, the
   78  member’s primary duties and responsibilities must include on
   79  the-scene emergency medical care or as of October 1, 2001,
   80  direct supervision of emergency medical technicians or
   81  paramedics, or the member must be the supervisor or command
   82  officer of one or more members who have such responsibility.
   83  Administrative support personnel, including, but not limited to,
   84  those whose primary responsibilities are in accounting,
   85  purchasing, legal, and personnel, are not included;
   86         (e) Effective January 1, 2001, the member must be employed
   87  as a community-based correctional probation officer and be
   88  certified, or required to be certified, in compliance with s.
   89  943.1395. In addition, the member’s primary duties and
   90  responsibilities must be the supervised custody, surveillance,
   91  control, investigation, and counseling of assigned inmates,
   92  probationers, parolees, or community controllees within the
   93  community; or the member must be the supervisor of a member or
   94  members who have such responsibilities. Administrative support
   95  personnel, including, but not limited to, those whose primary
   96  duties and responsibilities are in accounting, purchasing, legal
   97  services, and personnel management, are not included; however,
   98  probation and parole circuit and deputy circuit administrators
   99  are included;
  100         (f) Effective January 1, 2001, the member must be employed
  101  in one of the following classes and must spend at least 75
  102  percent of his or her time performing duties that which involve
  103  contact with patients or inmates in a correctional or forensic
  104  facility or institution:
  105         1. Dietitian (class codes 5203 and 5204);
  106         2. Public health nutrition consultant (class code 5224);
  107         3. Psychological specialist (class codes 5230 and 5231);
  108         4. Psychologist (class code 5234);
  109         5. Senior psychologist (class codes 5237 and 5238);
  110         6. Regional mental health consultant (class code 5240);
  111         7. Psychological Services Director—DCF (class code 5242);
  112         8. Pharmacist (class codes 5245 and 5246);
  113         9. Senior pharmacist (class codes 5248 and 5249);
  114         10. Dentist (class code 5266);
  115         11. Senior dentist (class code 5269);
  116         12. Registered nurse (class codes 5290 and 5291);
  117         13. Senior registered nurse (class codes 5292 and 5293);
  118         14. Registered nurse specialist (class codes 5294 and
  119  5295);
  120         15. Clinical associate (class codes 5298 and 5299);
  121         16. Advanced practice registered nurse (class codes 5297
  122  and 5300);
  123         17. Advanced practice registered nurse specialist (class
  124  codes 5304 and 5305);
  125         18. Registered nurse supervisor (class codes 5306 and
  126  5307);
  127         19. Senior registered nurse supervisor (class codes 5308
  128  and 5309);
  129         20. Registered nursing consultant (class codes 5312 and
  130  5313);
  131         21. Quality management program supervisor (class code
  132  5314);
  133         22. Executive nursing director (class codes 5320 and 5321);
  134         23. Speech and hearing therapist (class code 5406); or
  135         24. Pharmacy manager (class code 5251);
  136         (g) Effective October 1, 2005, through June 30, 2008, the
  137  member must be employed by a law enforcement agency or medical
  138  examiner’s office in a forensic discipline recognized by the
  139  International Association for Identification and must qualify
  140  for active membership in the International Association for
  141  Identification. The member’s primary duties and responsibilities
  142  must include the collection, examination, preservation,
  143  documentation, preparation, or analysis of physical evidence or
  144  testimony, or both, or the member must be the direct supervisor,
  145  quality management supervisor, or command officer of one or more
  146  individuals with such responsibility. Administrative support
  147  personnel, including, but not limited to, those whose primary
  148  responsibilities are clerical or in accounting, purchasing,
  149  legal, and personnel, are not included;
  150         (h) Effective July 1, 2008, the member must be employed by
  151  the Department of Law Enforcement in the crime laboratory or by
  152  the Division of State Fire Marshal in the forensic laboratory in
  153  one of the following classes:
  154         1. Forensic technologist (class code 8459);
  155         2. Crime laboratory technician (class code 8461);
  156         3. Crime laboratory analyst (class code 8463);
  157         4. Senior crime laboratory analyst (class code 8464);
  158         5. Crime laboratory analyst supervisor (class code 8466);
  159         6. Forensic chief (class code 9602); or
  160         7. Forensic services quality manager (class code 9603);
  161         (i) Effective July 1, 2008, the member must be employed by
  162  a local government law enforcement agency or medical examiner’s
  163  office and must spend at least 65 percent of his or her time
  164  performing duties that involve the collection, examination,
  165  preservation, documentation, preparation, or analysis of human
  166  tissues or fluids or physical evidence having potential
  167  biological, chemical, or radiological hazard or contamination,
  168  or use chemicals, processes, or materials that may have
  169  carcinogenic or health-damaging properties in the analysis of
  170  such evidence, or the member must be the direct supervisor of
  171  one or more individuals having such responsibility. If a special
  172  risk member changes to another position within the same agency,
  173  he or she must submit a complete application as provided in
  174  paragraph (4)(a); or
  175         (j) The member must have already qualified for and be
  176  actively participating in special risk membership under
  177  paragraph (a), paragraph (b), or paragraph (c), must have
  178  suffered a qualifying injury as defined in this paragraph, must
  179  not be receiving disability retirement benefits as provided in
  180  s. 121.091(4), and must satisfy the requirements of this
  181  paragraph.
  182         1. The ability to qualify for the class of membership
  183  defined in paragraph (2)(h) occurs when two licensed medical
  184  physicians, one of whom is a primary treating physician of the
  185  member, certify the existence of the physical injury and medical
  186  condition that constitute a qualifying injury as defined in this
  187  paragraph and that the member has reached maximum medical
  188  improvement after August 1, 2008. The certifications from the
  189  licensed medical physicians must include, at a minimum, that the
  190  injury to the special risk member has resulted in a physical
  191  loss, or loss of use, of at least two of the following: left
  192  arm, right arm, left leg, or right leg; and that:
  193         a. The That this physical loss or loss of use is total and
  194  permanent, unless except if the loss of use is due to a physical
  195  injury to the member’s brain, in which event the loss of use is
  196  permanent with at least 75 percent loss of motor function with
  197  respect to each arm or leg affected.
  198         b. The That this physical loss or loss of use renders the
  199  member physically unable to perform the essential job functions
  200  of his or her special risk position.
  201         c. That, Notwithstanding this physical loss or loss of use,
  202  the individual can perform the essential job functions required
  203  by the member’s new position, as provided in subparagraph 3.
  204         d. That Use of artificial limbs is not possible or does not
  205  alter the member’s ability to perform the essential job
  206  functions of the member’s position.
  207         e. That The physical loss or loss of use is a direct result
  208  of a physical injury and not a result of any mental,
  209  psychological, or emotional injury.
  210         2. For the purposes of this paragraph, “qualifying injury”
  211  means an injury sustained in the line of duty, as certified by
  212  the member’s employing agency, by a special risk member which
  213  that does not result in total and permanent disability as
  214  defined in s. 121.091(4)(b). An injury is a qualifying injury if
  215  the injury is a physical injury to the member’s physical body
  216  resulting in a physical loss, or loss of use, of at least two of
  217  the following: left arm, right arm, left leg, or right leg.
  218  Notwithstanding any other provision of this section, an injury
  219  that would otherwise qualify as a qualifying injury is not
  220  considered a qualifying injury if and when the member ceases
  221  employment with the employer for whom he or she was providing
  222  special risk services on the date the injury occurred.
  223         3. The new position, as described in sub-subparagraph 1.c.,
  224  which that is required for qualification as a special risk
  225  member under this paragraph is not required to be a position
  226  with essential job functions that entitle an individual to
  227  special risk membership. Whether a new position as described in
  228  sub-subparagraph 1.c. exists and is available to the special
  229  risk member is a decision to be made solely by the employer in
  230  accordance with its hiring practices and applicable law.
  231         4. This paragraph does not grant or create additional
  232  rights for any individual to continued employment or to be hired
  233  or rehired by his or her employer which that are not already
  234  provided by state law within the Florida Statutes, the State
  235  Constitution, the Americans with Disabilities Act, if
  236  applicable, or any other applicable state or federal law; or
  237         (k) Effective July 1, 2020, the member must be employed as
  238  a juvenile detention officer or a juvenile detention officer
  239  supervisor at the Department of Juvenile Justice; be certified,
  240  or required to be certified, in accordance with s. 985.66(3);
  241  and have primary duties and responsibilities that include
  242  ensuring the custody, and applying physical restraint when
  243  necessary, of detained youth within a juvenile detention
  244  facility or while being transported, or be the supervisor or
  245  command officer of a member who has such duties and
  246  responsibilities.
  247         Section 2. This act shall take effect July 1, 2020.