Florida Senate - 2019                                     SB 574
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00530-19                                            2019574__
    1                        A bill to be entitled                      
    2         An act relating to the Special Risk Class; amending s.
    3         121.0515, F.S.; adding to the class certain employees
    4         of specified state hospitals and other facilities who
    5         spend a certain amount of time performing duties that
    6         involve contact with patients or inmates; conforming
    7         cross-references; declaring that the act fulfills an
    8         important state interest; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (h) of subsection (2), subsection (3),
   13  and paragraph (d) of subsection (8) of section 121.0515, Florida
   14  Statutes, are amended to read:
   15         121.0515 Special Risk Class.—
   16         (2) MEMBERSHIP.—
   17         (h) Effective August 1, 2008, “special risk member”
   18  includes any member who meets the special criteria for continued
   19  membership set forth in paragraph (3)(k) (3)(j).
   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 include 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);
  175         (j)Effective January 1, 2020, the member must be employed
  176  in any of the following classes and must spend at least 65
  177  percent of his or her time performing duties that involve
  178  contact with patients or inmates at Florida State Hospital;
  179  Northeast Florida State Hospital; Sunland Center at Marianna and
  180  at Chattahoochee, including the Developmental Disabilities
  181  Defendant Program and Pathways; or the North Florida Evaluation
  182  and Treatment Center:
  183         1.Abuse registry counselor (class code 5961);
  184         2.Barber/beautician (class codes 6201, 6205, and 6206);
  185         3.Behavioral program associate (class codes 5750 and
  186  5762);
  187         4.Behavioral program specialist (class codes 5751 and
  188  5763);
  189         5.Certified radiologic technologist (class codes 5523,
  190  5524, 5527, and 5528);
  191         6.Chaplain (class codes 5819 and 5820);
  192         7.Child protective investigator (class code 8371);
  193         8.Child protective field support consultant (class code
  194  8374);
  195         9.Children, youth, and families counselor (class code
  196  5954);
  197         10.Classroom teacher (class codes 4144 and 4147);
  198         11.Custodial worker (class codes 6511 and 6526);
  199         12.Dental assistant (class codes 5632 and 5633);
  200         13.Dental hygienist (class code 5641);
  201         14.Dental technician (class code 5644);
  202         15.Dietetic technician (class code 5594);
  203         16.Direct services aide (class code 5702);
  204         17.Education and training specialist (class code 1328);
  205         18.Food control specialist (class code 6217);
  206         19.Food support worker (class code 6213);
  207         20.Health support aide (class codes 5504 and 5505);
  208         21.Human services counselor (class codes 5934, 5936, 5937,
  209  5940, and 5941);
  210         22.Human services program specialist (class code 5877);
  211         23.Human services worker (class codes 5706, 5709, 5781,
  212  and 5784);
  213         24.Librarian (class code 4315);
  214         25.Librarian specialist (class codes 4318 and 4319);
  215         26. Licensed practical nurse (class code 5599);
  216         27.Pharmacy technician (class codes 5500 and 5501);
  217         28.Rehabilitation therapist (class codes 5562 and 5563);
  218         29.Residential unit specialist (class code 5736);
  219         30.Senior chaplain (class code 5823);
  220         31. Senior licensed practical nurse (class codes 5597 and
  221  5600);
  222         32.Social services counselor (class codes 5953 and 5960);
  223         33.Storekeeper (class codes 0918, 0921, and 0922);
  224         34.Teacher aide (class codes 4133 and 4142);
  225         35.Therapy aide (class codes 5556 and 5557);
  226         36.Training specialist (class codes 1322 and 1324);
  227         37.Unit treatment and rehab specialist (class codes 5776
  228  and 5791);
  229         38.Vocational instructor (class codes 1309, 1310, 1311,
  230  1312, 1313, and 1315);
  231         39.Volunteer services center specialist (class code 6000);
  232         40.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 which
  271  that does not result in total and permanent disability as
  272  defined in s. 121.091(4)(b). An injury is a qualifying injury if
  273  the injury is a physical injury to the member’s physical body
  274  resulting in a physical loss, or loss of use, of at least two of
  275  the 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 which that are not already
  292  provided 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, 2020.