HB 1193

1	A bill to be entitled
2	An act relating to retirement; providing a short title;
3	providing legislative findings; providing a statement of
4	important state interest; amending s. 121.021, F.S.;
5	revising the definition of "special risk member" to
6	include certain members suffering a qualifying injury;
7	amending s. 121.0515, F.S.; providing eligibility
8	requirements for membership in the Special Risk Class for
9	certain members suffering a qualifying injury; providing
10	medical certification requirements; providing a
11	definition; prohibiting the grant or creation of
12	additional rights; providing retroactive effect; amending
13	s. 112.191, F.S.; revising provisions providing death
14	benefits for firefighters; expanding activities entitling
15	firefighters to death benefits to include participation in
16	training exercises and injury by an unlawful and
17	intentional act that results in death; providing
18	legislative findings that the act fulfils an important
19	state interest; providing for application; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  This act may be cited as the "Adam Pierce Act."
25	Section 2.  The Legislature finds that persons employed in
26	law enforcement, firefighting, and criminal detention positions
27	perform state and municipal functions; that it is their duty to
28	protect life and property at their own risk and peril; that it
29	is their duty to instruct school personnel, public officials,
30	and private citizens about safety; and that their activities are
31	vital to public safety. Therefore, the Legislature finds that it
32	is a proper and legitimate state purpose to provide a uniform
33	retirement system for the benefit of persons employed in law
34	enforcement, firefighting, and criminal detention positions and
35	finds, in implementing the provisions of s. 14, Art. X of the
36	State Constitution relating to pension trust fund systems and
37	plans, that such retirement systems or plans be managed,
38	administered, operated, and funded in such manner as to maximize
39	the protection of pension trust funds. Pursuant to s. 18, Art.
40	VII of the State Constitution, the Legislature determines and
41	declares that the provisions of this act fulfill an important
42	state interest.
43	Section 3.  Paragraph (f) is added to subsection (15) of
44	section 121.021, Florida Statutes, to read:
45	121.021  Definitions.-The following words and phrases as
46	used in this chapter have the respective meanings set forth
47	unless a different meaning is plainly required by the context:
48	(15)
49	(f)  Effective August 1, 2008, "special risk member"
50	includes any member who meets the special criteria for continued
51	membership set forth in s. 121.0515(2)(k).
52	Section 4.  Paragraphs (g) through (j) of subsection (2) of
53	section 121.0515, Florida Statutes, are amended, paragraph (k)
54	is added to that subsection, and paragraph (d) is added to
55	subsection (7) of that section, to read:
56	121.0515  Special risk membership.-
57	(2)  CRITERIA.-A member, to be designated as a special risk
58	member, must meet the following criteria:
59	(g)  The member must be employed as a youth custody officer
60	and be certified, or required to be certified, in compliance
61	with s. 943.1395. In addition, the member's primary duties and
62	responsibilities must be the supervised custody, surveillance,
63	control, investigation, apprehension, arrest, and counseling of
64	assigned juveniles within the community; or
65	(h)  Effective October 1, 2005, through June 30, 2008, the
66	member must be employed by a law enforcement agency or medical
67	examiner's office in a forensic discipline recognized by the
68	International Association for Identification and must qualify
69	for active membership in the International Association for
70	Identification. The member's primary duties and responsibilities
71	must include the collection, examination, preservation,
72	documentation, preparation, or analysis of physical evidence or
73	testimony, or both, or the member must be the direct supervisor,
74	quality management supervisor, or command officer of one or more
75	individuals with such responsibility. Administrative support
76	personnel, including, but not limited to, those whose primary
77	responsibilities are clerical or in accounting, purchasing,
78	legal, and personnel, shall not be included;.
79	(i)  Effective July 1, 2008, the member must be employed by
80	the Department of Law Enforcement in the crime laboratory or by
81	the Division of State Fire Marshal in the forensic laboratory in
82	one of the following classes:
83	1.  Forensic technologist (class code 8459);
84	2.  Crime laboratory technician (class code 8461);
85	3.  Crime laboratory analyst (class code 8463);
86	4.  Senior crime laboratory analyst (class code 8464);
87	5.  Crime laboratory analyst supervisor (class code 8466);
88	6.  Forensic chief (class code 9602); or
89	7.  Forensic services quality manager (class code 9603);.
90	(j)  Effective July 1, 2008, the member must be employed by
91	a local government law enforcement agency or medical examiner's
92	office and must spend at least 65 percent of his or her time
93	performing duties that involve the collection, examination,
94	preservation, documentation, preparation, or analysis of human
95	tissues or fluids or physical evidence having potential
96	biological, chemical, or radiological hazard or contamination,
97	or use chemicals, processes, or materials that may have
98	carcinogenic or health-damaging properties in the analysis of
99	such evidence, or the member must be the direct supervisor of
100	one or more individuals having such responsibility. If a special
101	risk member changes to another position within the same agency,
102	he or she must submit a complete application as provided in
103	paragraph (3)(a); or.
104	(k)  The member must have already qualified for and be
105	actively participating in special risk membership under
106	paragraph (a), paragraph (b), or paragraph (c), must have
107	suffered a qualifying injury as defined in this paragraph, must
108	not be receiving disability retirement benefits as provided in
109	s. 121.091(4), and must satisfy the requirements of this
110	paragraph.
111	1.  The ability to qualify for the class of membership
112	defined in s. 121.021(15)(f) shall occur when two licensed
113	medical physicians, one of whom is a primary treating physician
114	of the member, certify the existence of the physical injury and
115	medical condition that constitute a qualifying injury as defined
116	in this paragraph and that the member has reached maximum
117	medical improvement after August 1, 2008. The certifications
118	from the licensed medical physicians must include, at a minimum,
119	that the injury to the special risk member has resulted in a
120	physical loss, or loss of use, of at least two of the following:
121	left arm, right arm, left leg, or right leg; and:
122	a.  That this physical loss or loss of use is total and
123	permanent, except in the event that the loss of use is due to a
124	physical injury to the member's brain, in which event the loss
125	of use is permanent with at least 75-percent loss of motor
126	function with respect to each arm or leg affected.
127	b.  That this physical loss or loss of use renders the
128	member physically unable to perform the essential job functions
129	of his or her special risk position.
130	c.  That, notwithstanding this physical loss or loss of
131	use, the individual is able to perform the essential job
132	functions required by the member's new position, as provided in
133	subparagraph 3.
134	d.  That use of artificial limbs is either not possible or
135	does not alter the member's ability to perform the essential job
136	functions of the member's position.
137	e.  That the physical loss or loss of use is a direct
138	result of a physical injury and not a result of any mental,
139	psychological, or emotional injury.
140	2.  For the purposes of this paragraph, "qualifying injury"
141	means an injury sustained in the line of duty, as certified by
142	the member's employing agency, by a special risk member that
143	does not result in total and permanent disability as defined in
144	s. 121.091(4)(b). An injury is a qualifying injury when the
145	injury is a physical injury to the member's physical body
146	resulting in a physical loss, or loss of use, of at least two of
147	the following: left arm, right arm, left leg, or right leg.
148	Notwithstanding anything in this section to the contrary, an
149	injury that would otherwise qualify as a qualifying injury shall
150	not be considered a qualifying injury if and when the member
151	ceases employment with the employer for whom he or she was
152	providing special risk services on the date the injury occurred.
153	3.  The new position, as described in sub-subparagraph
154	1.c., that is required for qualification as a special risk
155	member under this paragraph is not required to be a position
156	with essential job functions that entitle an individual to
157	special risk membership. Whether a new position as described in
158	sub-subparagraph 1.c. exists and is available to the special
159	risk member is a decision to be made solely by the employer in
160	accordance with its hiring practices and applicable law.
161	4.  This paragraph does not grant or create additional
162	rights for any individual to continued employment or to be hired
163	or rehired by his or her employer that are not already provided
164	within the Florida Statutes, the State Constitution, the
165	Americans with Disabilities Act, if applicable, or any other
166	applicable state or federal law.
167	(7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.-
168	(d)  Notwithstanding any provision of this subsection to
169	the contrary, this subsection does not apply to any special risk
170	member who qualifies for continued membership pursuant to the
171	provisions of paragraph (2)(k).
172	Section 5.  Paragraphs (b) and (c) of subsection (2) of
173	section 112.191, Florida Statutes, are amended to read:
174	112.191  Firefighters; death benefits.-
175	(2)
176	(b)  The sum of $50,000, as adjusted pursuant to paragraph
177	(i), shall be paid as provided in this section if a firefighter
178	is accidentally killed as specified in paragraph (a) and the
179	accidental death occurs as a result of the firefighter's
180	response to what is reasonably believed to be an emergency
181	involving the protection of life or property or the
182	firefighter's participation in a training exercise. This sum is
183	shall be in addition to any sum provided for in paragraph (a).
184	Notwithstanding any other provision of law, in no case shall the
185	amount payable under this subsection may not be less than the
186	actual amount stated therein.
187	(c)  If a firefighter, while engaged in the performance of
188	his or her firefighter duties, is unlawfully and intentionally
189	killed, is injured by an unlawful and intentional act of another
190	person and dies as a result of such injury, dies as a result of
191	a fire which has been determined to have been caused by an act
192	of arson, or subsequently dies as a result of injuries sustained
193	therefrom, the sum of $150,000, as adjusted pursuant to
194	paragraph (i), shall be paid as provided in this section.
195	Notwithstanding any other provision of law, in no case shall the
196	amount payable under this subsection may not be less than the
197	actual amount stated therein.
198	Section 6.  The Legislature finds that this act fulfills an
199	important state interest.
200	Section 7.  This act shall take effect upon becoming a law,
201	and applies to firefighter deaths occurring on or after November
202	1, 2003.

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