HB 389

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; defining "qualifying
11	injury"; prohibiting the grant or creation of additional
12	rights; providing retroactive effect; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  This act may be cited as the "Adam Pierce Act."
18	Section 2.  The Legislature finds that persons employed in
19	law enforcement, firefighting, and criminal detention positions
20	perform state and municipal functions; that it is their duty to
21	protect life and property at their own risk and peril; that it
22	is their duty to continuously instruct school personnel, public
23	officials, and private citizens about safety; and that their
24	activities are vital to public safety. Therefore, the
25	Legislature finds that it is a proper and legitimate state
26	purpose to provide a uniform retirement system for the benefit
27	of persons employed in law enforcement, firefighting, and
28	criminal detention positions and finds, in implementing the
29	provisions of s. 14, Art. X of the State Constitution as they
30	relate to pension trust fund systems and plans, that such
31	retirement systems or plans be managed, administered, operated,
32	and funded in such manner as to maximize the protection of
33	pension trust funds. Pursuant to s. 18, Art. VII of the State
34	Constitution, the Legislature determines and declares that the
35	provisions of this act fulfill an important state interest.
36	Section 3.  Paragraph (f) is added to subsection (15) of
37	section 121.021, Florida Statutes, to read:
38	121.021  Definitions.--The following words and phrases as
39	used in this chapter have the respective meanings set forth
40	unless a different meaning is plainly required by the context:
41	(15)
42	(f)  Effective August 1, 2007, "special risk member"
43	includes any member who meets the special criteria for continued
44	membership set forth in s. 121.0515(2)(i).
45	Section 4.  Paragraphs (g) and (h) of subsection (2) of
46	section 121.0515, Florida Statutes, are amended, paragraph (i)
47	is added to that subsection, and paragraph (d) is added to
48	subsection (7) of that section, to read:
49	121.0515  Special risk membership.--
50	(2)  CRITERIA.--A member, to be designated as a special
51	risk member, must meet the following criteria:
52	(g)  The member must be employed as a youth custody officer
53	and be certified, or required to be certified, in compliance
54	with s. 943.1395. In addition, the member's primary duties and
55	responsibilities must be the supervised custody, surveillance,
56	control, investigation, apprehension, arrest, and counseling of
57	assigned juveniles within the community; or
58	(h)  The member must be employed by a law enforcement
59	agency or medical examiner's office in a forensic discipline
60	recognized by the International Association for Identification
61	and must qualify for active membership in the International
62	Association for Identification. The member's primary duties and
63	responsibilities must include the collection, examination,
64	preservation, documentation, preparation, or analysis of
65	physical evidence or testimony, or both, or the member must be
66	the direct supervisor, quality management supervisor, or command
67	officer of one or more individuals with such responsibility.
68	Administrative support personnel, including, but not limited to,
69	those whose primary responsibilities are clerical or in
70	accounting, purchasing, legal, and personnel, shall not be
71	included; or.
72	(i)  The member must have already qualified for and be
73	actively participating in special risk membership under
74	paragraph (a), paragraph (b), or paragraph (c), must have
75	suffered a qualifying injury as defined in this paragraph, must
76	not be receiving disability retirement benefits as provided in
77	s. 121.091(4), and must satisfy the requirements of this
78	paragraph.
79	1.  The ability to qualify for the class of membership
80	defined in s. 121.021(15)(f) shall occur when two licensed
81	medical physicians, one of whom is a primary treating physician
82	of the member, certify the existence of the physical injury and
83	medical condition that constitute a qualifying injury as defined
84	in this paragraph and that the member has reached maximum
85	medical improvement after August 1, 2007. The certifications
86	from the licensed medical physicians must include, at a minimum,
87	that the injury to the special risk member has resulted in a
88	physical loss, or loss of use, of one or both arms, legs, hands,
89	or feet, and:
90	a.  That this physical loss or loss of use is total and
91	permanent, except in the event of a physical injury to the
92	member's brain, in which event the loss of use is:
93	(I)  Permanent and total with respect to at least one hand
94	or foot; or
95	(II)  Permanent with at least 75-percent loss of motor
96	function with respect to at least one arm or leg.
97	b.  That this physical loss or loss of use renders the
98	member physically unable to perform the essential job functions
99	of his or her special risk position.
100	c.  That, notwithstanding this physical loss or loss of
101	use, the individual is able to perform the essential job
102	functions required by the member's new position, as provided in
103	subparagraph 3.
104	d.  That use of artificial limbs is either not possible or
105	does not alter the member's ability to perform the essential job
106	functions of the member's position.
107	e.  That the physical loss or loss of use of one or both
108	arms, legs, hands, or feet is a direct result of a physical
109	injury and not a result of any mental, psychological, or
110	emotional injury.
111	2.  For the purposes of this paragraph, "qualifying injury"
112	means an injury sustained in the line of duty, as certified by
113	the member's employing agency, by a special risk member that
114	does not result in total and permanent disability as defined in
115	s. 121.091(4)(b). An injury is a qualifying injury when the
116	injury is a physical injury to the member's physical body
117	resulting in a physical loss, or loss of use, of one or both
118	arms, legs, hands, or feet. Notwithstanding anything in this
119	section to the contrary, an injury that would otherwise qualify
120	as a qualifying injury shall not be considered a qualifying
121	injury if and when the member ceases employment with the
122	employer for whom he or she was providing special risk services
123	on the date the injury occurred.
124	3.  The new position, as described in sub-subparagraph
125	1.c., that is required for qualification as a special risk
126	member under this paragraph is not required to be a position
127	whose essential job functions entitle an individual to special
128	risk membership. Whether a new position as described in sub
129	subparagraph 1.c. exists and is available to the special risk
130	member is a decision to be made solely by the employer in
131	accordance with its hiring practices and applicable law.
132	4.  Nothing in this paragraph shall grant or create
133	additional rights for any individual to continued employment, to
134	be hired, or to be rehired by his or her employer that are not
135	already provided within the Florida Statutes, the State
136	Constitution, the Americans with Disabilities Act, if
137	applicable, or any other applicable state or federal law.
138	(7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.--
139	(d)  Notwithstanding any provision in this subsection to
140	the contrary, this subsection shall not apply to any special
141	risk member who qualifies for continued membership pursuant to
142	the provisions of paragraph (2)(i).
143	Section 5.  This act shall take effect October 1, 2008.

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