Bill Text: FL S1178 | 2020 | Regular Session | Introduced
Bill Title: Special Risk Class
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Governmental Oversight and Accountability [S1178 Detail]
Download: Florida-2020-S1178-Introduced.html
Florida Senate - 2020 SB 1178
By Senator Montford
3-00112-20 20201178__
1 A bill to be entitled
2 An act relating to the Special Risk Class; amending s.
3 121.0515, F.S.; adding specified Florida State
4 Hospital employees to the class; conforming cross
5 references; providing a declaration of important state
6 interest; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (h) of subsection (2), subsection (3),
11 and paragraph (d) of subsection (8) of section 121.0515, Florida
12 Statutes, are amended to read:
13 121.0515 Special Risk Class.—
14 (2) MEMBERSHIP.—
15 (h) Effective August 1, 2008, “special risk member”
16 includes any member who meets the special criteria for continued
17 membership set forth in paragraph (3)(k) (3)(j).
18 (3) CRITERIA.—A member, to be designated as a special risk
19 member, must meet the following criteria:
20 (a) Effective October 1, 1978, the member must be employed
21 as a law enforcement officer and be certified, or required to be
22 certified, in compliance with s. 943.1395, except that; however,
23 sheriffs and elected police chiefs are not required to be
24 certified excluded from meeting the certification requirements
25 of this paragraph. In addition, the member’s duties and
26 responsibilities must include the pursuit, apprehension, and
27 arrest of law violators or suspected law violators; or as of
28 July 1, 1982, the member must be an active member of a bomb
29 disposal unit whose primary responsibility is the location,
30 handling, and disposal of explosive devices; or the member must
31 be the supervisor or command officer of a member or members who
32 have such responsibilities. Administrative support personnel,
33 including, but not limited to, those whose primary duties and
34 responsibilities are in accounting, purchasing, legal, and
35 personnel, are not included;
36 (b) Effective October 1, 1978, the member must be employed
37 as a firefighter and be certified, or required to be certified,
38 in compliance with s. 633.408 and be employed solely within the
39 fire department of a local government employer or an agency of
40 state government with firefighting responsibilities. In
41 addition, the member’s duties and responsibilities must include
42 on-the-scene fighting of fires; as of October 1, 2001, fire
43 prevention or firefighter training; as of October 1, 2001,
44 direct supervision of firefighting units, fire prevention, or
45 firefighter training; or as of July 1, 2001, aerial firefighting
46 surveillance performed by fixed-wing aircraft pilots employed by
47 the Florida Forest Service of the Department of Agriculture and
48 Consumer Services; or the member must be the supervisor or
49 command officer of a member or members who have such
50 responsibilities. Administrative support personnel, including,
51 but not limited to, those whose primary duties and
52 responsibilities are in accounting, purchasing, legal, and
53 personnel, are not included. All periods of creditable service
54 in fire prevention or firefighter training, or as the supervisor
55 or command officer of a member or members who have such
56 responsibilities, and for which the employer paid the special
57 risk contribution rate, are included;
58 (c) Effective October 1, 1978, the member must be employed
59 as a correctional officer and be certified, or required to be
60 certified, in compliance with s. 943.1395. In addition, the
61 member’s primary duties and responsibilities must be the
62 custody, and physical restraint if when necessary, of prisoners
63 or inmates within a prison, jail, or other criminal detention
64 facility, or while on work detail outside the facility, or while
65 being transported; or as of July 1, 1984, the member must be the
66 supervisor or command officer of a member or members who have
67 such responsibilities. Administrative support personnel,
68 including, but not limited to, those whose primary duties and
69 responsibilities are in accounting, purchasing, legal, and
70 personnel, are not included; however, wardens and assistant
71 wardens, as defined by rule, are included;
72 (d) Effective October 1, 1999, the member must be employed
73 by a licensed Advance Life Support (ALS) or Basic Life Support
74 (BLS) employer as an emergency medical technician or a paramedic
75 and be certified in compliance with s. 401.27. In addition, the
76 member’s primary duties and responsibilities must include on
77 the-scene emergency medical care or as of October 1, 2001,
78 direct supervision of emergency medical technicians or
79 paramedics, or the member must be the supervisor or command
80 officer of one or more members who have such responsibility.
81 Administrative support personnel, including, but not limited to,
82 those whose primary responsibilities are in accounting,
83 purchasing, legal, and personnel, are not included;
84 (e) Effective January 1, 2001, the member must be employed
85 as a community-based correctional probation officer and be
86 certified, or required to be certified, in compliance with s.
87 943.1395. In addition, the member’s primary duties and
88 responsibilities must be the supervised custody, surveillance,
89 control, investigation, and counseling of assigned inmates,
90 probationers, parolees, or community controllees within the
91 community; or the member must be the supervisor of a member or
92 members who have such responsibilities. Administrative support
93 personnel, including, but not limited to, those whose primary
94 duties and responsibilities are in accounting, purchasing, legal
95 services, and personnel management, are not included; however,
96 probation and parole circuit and deputy circuit administrators
97 are included;
98 (f) Effective January 1, 2001, the member must be employed
99 in one of the following classes and must spend at least 75
100 percent of his or her time performing duties that which involve
101 contact with patients or inmates in a correctional or forensic
102 facility or institution:
103 1. Dietitian (class codes 5203 and 5204);
104 2. Public health nutrition consultant (class code 5224);
105 3. Psychological specialist (class codes 5230 and 5231);
106 4. Psychologist (class code 5234);
107 5. Senior psychologist (class codes 5237 and 5238);
108 6. Regional mental health consultant (class code 5240);
109 7. Psychological Services Director—DCF (class code 5242);
110 8. Pharmacist (class codes 5245 and 5246);
111 9. Senior pharmacist (class codes 5248 and 5249);
112 10. Dentist (class code 5266);
113 11. Senior dentist (class code 5269);
114 12. Registered nurse (class codes 5290 and 5291);
115 13. Senior registered nurse (class codes 5292 and 5293);
116 14. Registered nurse specialist (class codes 5294 and
117 5295);
118 15. Clinical associate (class codes 5298 and 5299);
119 16. Advanced practice registered nurse (class codes 5297
120 and 5300);
121 17. Advanced practice registered nurse specialist (class
122 codes 5304 and 5305);
123 18. Registered nurse supervisor (class codes 5306 and
124 5307);
125 19. Senior registered nurse supervisor (class codes 5308
126 and 5309);
127 20. Registered nursing consultant (class codes 5312 and
128 5313);
129 21. Quality management program supervisor (class code
130 5314);
131 22. Executive nursing director (class codes 5320 and 5321);
132 23. Speech and hearing therapist (class code 5406); or
133 24. Pharmacy manager (class code 5251);
134 (g) Effective October 1, 2005, through June 30, 2008, the
135 member must be employed by a law enforcement agency or medical
136 examiner’s office in a forensic discipline recognized by the
137 International Association for Identification and must qualify
138 for active membership in the International Association for
139 Identification. The member’s primary duties and responsibilities
140 must include the collection, examination, preservation,
141 documentation, preparation, or analysis of physical evidence or
142 testimony, or both, or the member must be the direct supervisor,
143 quality management supervisor, or command officer of one or more
144 individuals with such responsibility. Administrative support
145 personnel, including, but not limited to, those whose primary
146 responsibilities are clerical or in accounting, purchasing,
147 legal, and personnel, are not included;
148 (h) Effective July 1, 2008, the member must be employed by
149 the Department of Law Enforcement in the crime laboratory or by
150 the Division of State Fire Marshal in the forensic laboratory in
151 one of the following classes:
152 1. Forensic technologist (class code 8459);
153 2. Crime laboratory technician (class code 8461);
154 3. Crime laboratory analyst (class code 8463);
155 4. Senior crime laboratory analyst (class code 8464);
156 5. Crime laboratory analyst supervisor (class code 8466);
157 6. Forensic chief (class code 9602); or
158 7. Forensic services quality manager (class code 9603);
159 (i) Effective July 1, 2008, the member must be employed by
160 a local government law enforcement agency or medical examiner’s
161 office and must spend at least 65 percent of his or her time
162 performing duties that involve the collection, examination,
163 preservation, documentation, preparation, or analysis of human
164 tissues or fluids or physical evidence having potential
165 biological, chemical, or radiological hazard or contamination,
166 or use chemicals, processes, or materials that may have
167 carcinogenic or health-damaging properties in the analysis of
168 such evidence, or the member must be the direct supervisor of
169 one or more individuals having such responsibility. If a special
170 risk member changes to another position within the same agency,
171 he or she must submit a complete application as provided in
172 paragraph (4)(a);
173 (j) Effective January 1, 2021, the member must be employed
174 in any of the following classes and must spend at least 65
175 percent of his or her time performing duties that involve
176 contact with patients or inmates at Florida State Hospital:
177 1. Abuse registry counselor (class code 5961).
178 2. Barber/beautician (class codes 6201, 6205, and 6206).
179 3. Behavioral program associate (class codes 5750 and
180 5762).
181 4. Behavioral program specialist (class codes 5751 and
182 5763).
183 5. Certified radiologic technologist (class codes 5523,
184 5524, 5527, and 5528).
185 6. Chaplain (class codes 5819 and 5820).
186 7. Child protective field support consultant (class code
187 8374).
188 8. Child protective investigator (class code 8371).
189 9. Children, youth, and families counselor (class code
190 5954).
191 10. Classroom teacher (class codes 4144 and 4147).
192 11. Custodial trainer (class code 6530).
193 12. Custodial worker (class codes 6511 and 6526).
194 13. Dental assistant (class codes 5632 and 5633).
195 14. Dental hygienist (class code 5641).
196 15. Dental technician (class code 5644).
197 16. Dietetic technician (class code 5594).
198 17. Direct services aide (class code 5702).
199 18. Education and training specialist (class code 1328).
200 19. Food control specialist (class code 6217).
201 20. Food support worker (class code 6213).
202 21. Groundskeeper (class code 6394).
203 22. Health support aide (class codes 5504 and 5505).
204 23. Human services counselor (class codes 5934, 5936, 5937,
205 5940, and 5941).
206 24. Human services program analyst (class code 5871).
207 25. Human services program consultant (class codes 5918,
208 5919, and 5920).
209 26. Human services program records analyst (class code
210 5864).
211 27. Human services program specialist (class code 5877).
212 28. Human services worker (class codes 5706, 5709, 5781,
213 and 5784).
214 29. Librarian (class code 4315).
215 30. Librarian specialist (class codes 4318 and 4319).
216 31. Medical laboratory technician (class codes 5047 and
217 5048).
218 32. Pharmacy technician (class codes 5500 and 5501).
219 33. Rehabilitation therapist (class codes 5562 and 5563).
220 34. Residential unit specialist (class code 5736).
221 35. Senior chaplain (class code 5823).
222 36. Social services counselor (class codes 5953 and 5960).
223 37. Storekeeper (class codes 0918, 0921, and 0922).
224 38. Teacher aide (class codes 4133 and 4142).
225 39. Therapy aide (class codes 5556 and 5557).
226 40. Training specialist (class codes 1322 and 1324).
227 41. Unit treatment and rehab specialist (class codes 5776
228 and 5791).
229 42. Vocational instructor (class codes 1309, 1310, 1311,
230 1312, 1313, and 1315).
231 43. Volunteer services center specialist (class code 6000).
232 44. Volunteer services specialist (class code 5997); or
233 (k)(j) The member must have already qualified for and be
234 actively participating in special risk membership under
235 paragraph (a), paragraph (b), or paragraph (c), must have
236 suffered a qualifying injury as defined in this paragraph, must
237 not be receiving disability retirement benefits as provided in
238 s. 121.091(4), and must satisfy the requirements of this
239 paragraph.
240 1. The ability to qualify for the class of membership
241 defined in paragraph (2)(h) occurs when two licensed medical
242 physicians, one of whom is a primary treating physician of the
243 member, certify the existence of the physical injury and medical
244 condition that constitute a qualifying injury as defined in this
245 paragraph and that the member has reached maximum medical
246 improvement after August 1, 2008. The certifications from the
247 licensed medical physicians must include, at a minimum, that the
248 injury to the special risk member has resulted in a physical
249 loss, or loss of use, of at least two of the following: left
250 arm, right arm, left leg, or right leg; and that:
251 a. The That this physical loss or loss of use is total and
252 permanent, unless except if the loss of use is due to a physical
253 injury to the member’s brain, in which event the loss of use is
254 permanent with at least 75 percent loss of motor function with
255 respect to each arm or leg affected.
256 b. The That this physical loss or loss of use renders the
257 member physically unable to perform the essential job functions
258 of his or her special risk position.
259 c. That, Notwithstanding this physical loss or loss of use,
260 the individual can perform the essential job functions required
261 by the member’s new position, as provided in subparagraph 3.
262 d. That Use of artificial limbs is not possible or does not
263 alter the member’s ability to perform the essential job
264 functions of the member’s position.
265 e. That The physical loss or loss of use is a direct result
266 of a physical injury and not a result of any mental,
267 psychological, or emotional injury.
268 2. For the purposes of this paragraph, “qualifying injury”
269 means an injury sustained in the line of duty, as certified by
270 the member’s employing agency, by a special risk member that
271 does not result in total and permanent disability as defined in
272 s. 121.091(4)(b). An injury is a qualifying injury if the injury
273 is a physical injury to the member’s physical body resulting in
274 a physical loss, or loss of use, of at least two of the
275 following: left arm, right arm, left leg, or right leg.
276 Notwithstanding any other provision of this section, an injury
277 that would otherwise qualify as a qualifying injury is not
278 considered a qualifying injury if and when the member ceases
279 employment with the employer for whom he or she was providing
280 special risk services on the date the injury occurred.
281 3. The new position, as described in sub-subparagraph 1.c.,
282 which that is required for qualification as a special risk
283 member under this paragraph is not required to be a position
284 with essential job functions that entitle an individual to
285 special risk membership. Whether a new position as described in
286 sub-subparagraph 1.c. exists and is available to the special
287 risk member is a decision to be made solely by the employer in
288 accordance with its hiring practices and applicable law.
289 4. This paragraph does not grant or create additional
290 rights for any individual to continued employment or to be hired
291 or rehired by his or her employer that are not already provided
292 by state law within the Florida Statutes, the State
293 Constitution, the Americans with Disabilities Act, if
294 applicable, or any other applicable state or federal law.
295 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
296 (d) Notwithstanding any other provision of this subsection,
297 this subsection does not apply to any special risk member who
298 qualifies for continued membership pursuant to paragraph (3)(k)
299 (3)(j).
300 Section 2. The Legislature finds that a proper and
301 legitimate state purpose is served when employees and retirees
302 of the state and its political subdivisions, and the dependents,
303 survivors, and beneficiaries of such employees and retirees, are
304 extended the basic protections afforded by governmental
305 retirement systems. These persons must be provided benefits that
306 are fair and adequate and are managed, administered, and funded
307 in an actuarially sound manner, as required by s. 14, Article X
308 of the State Constitution and part VII of chapter 112, Florida
309 Statutes. Therefore, the Legislature determines and declares
310 that this act fulfills an important state interest.
311 Section 3. This act shall take effect January 1, 2021.
