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A bill to be entitled

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An act relating to retirement; providing a short title;

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providing legislative findings; providing a statement of

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important state interest; amending s. 121.021, F.S.;

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revising the definition of "special risk member" to

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include certain members suffering a qualifying injury;

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amending s. 121.0515, F.S.; providing eligibility

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requirements for membership in the Special Risk Class for

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certain members suffering a qualifying injury; providing

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medical certification requirements; defining "qualifying

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injury"; prohibiting the grant or creation of additional

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rights; providing retroactive effect; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Adam Pierce Act."

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     Section 2. The Legislature finds that persons employed in

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law enforcement, firefighting, and criminal detention positions

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perform state and municipal functions; that it is their duty to

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protect life and property at their own risk and peril; that it is

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their duty to continuously instruct school personnel, public

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officials, and private citizens about safety; and that their

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activities are vital to public safety. Therefore, the Legislature

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finds that it is a proper and legitimate state purpose to provide

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a uniform retirement system for the benefit of persons employed

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in law enforcement, firefighting, and criminal detention

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positions and finds, in implementing the provisions of s. 14,

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Art. X of the State Constitution as they relate to pension trust

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fund systems and plans, that such retirement systems or plans be

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managed, administered, operated, and funded in such manner as to

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maximize the protection of pension trust funds. Pursuant to s.

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18, Art. VII of the State Constitution, the Legislature

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determines and declares that the provisions of this act fulfill

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an important state interest.

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     Section 3.  Paragraph (f) is added to subsection (15) of

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section 121.021, Florida Statutes, to read:

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     121.021  Definitions.--The following words and phrases as

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used in this chapter have the respective meanings set forth

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unless a different meaning is plainly required by the context:

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     (15)

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     (f) Effective August 1, 2007, "special risk member"

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includes any member who meets the special criteria for continued

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membership set forth in s. 121.0515(2)(i).

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     Section 4.  Paragraphs (g) and (h) of subsection (2) of

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section 121.0515, Florida Statutes, are amended, paragraph (i) is

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added to that subsection, and paragraph (d) is added to

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subsection (7) of that section, to read:

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     121.0515  Special risk membership.--

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     (2)  CRITERIA.--A member, to be designated as a special risk

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member, must meet the following criteria:

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     (g)  The member must be employed as a youth custody officer

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and be certified, or required to be certified, in compliance with

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s. 943.1395. In addition, the member's primary duties and

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responsibilities must be the supervised custody, surveillance,

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control, investigation, apprehension, arrest, and counseling of

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assigned juveniles within the community; or

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     (h)  The member must be employed by a law enforcement agency

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or medical examiner's office in a forensic discipline recognized

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by the International Association for Identification and must

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qualify for active membership in the International Association

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for Identification. The member's primary duties and

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responsibilities must include the collection, examination,

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preservation, documentation, preparation, or analysis of physical

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evidence or testimony, or both, or the member must be the direct

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supervisor, quality management supervisor, or command officer of

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one or more individuals with such responsibility. Administrative

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support personnel, including, but not limited to, those whose

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primary responsibilities are clerical or in accounting,

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purchasing, legal, and personnel, shall not be included; or.

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     (i) The member must have already qualified for and be

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actively participating in special risk membership under paragraph

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(a), paragraph (b), or paragraph (c), must have suffered a

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qualifying injury as defined in this paragraph, must not be

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receiving disability retirement benefits as provided in s.

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121.091(4), and must satisfy the requirements of this paragraph.

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     1. The ability to qualify for the class of membership

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defined in s. 121.021(15)(f) shall occur when two licensed

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medical physicians, one of whom is a primary treating physician

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of the member, certify the existence of the physical injury and

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medical condition that constitute a qualifying injury as defined

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in this paragraph and that the member has reached maximum medical

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improvement after August 1, 2007. The certifications from the

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licensed medical physicians must include, at a minimum, that the

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injury to the special risk member has resulted in a physical

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loss, or loss of use, of one or both arms, legs, hands, or feet,

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and:

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     a. That this physical loss or loss of use is total and

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permanent, except in the event of a physical injury to the

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member's brain, in which event the loss of use is:

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     (I) Permanent and total with respect to at least one hand

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or foot; or

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     (II) Permanent with at least 75 percent loss of motor

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function with respect to at least one arm or leg.

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     b. That this physical loss or loss of use renders the

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member physically unable to perform the essential job functions

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of his or her special risk position.

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     c. That, notwithstanding this physical loss or loss of use,

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the individual is able to perform the essential job functions

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required by the member's new position, as provided in

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subparagraph 3.

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     d. That use of artificial limbs is either not possible or

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does not alter the member's ability to perform the essential job

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functions of the member's position.

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     e. That the physical loss or loss of use of one or both

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arms, legs, hands, or feet is a direct result of a physical

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injury and not a result of any mental, psychological, or

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emotional injury.

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     2. For the purposes of this paragraph, "qualifying injury"

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means an injury sustained in the line of duty, as certified by

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the member's employing agency, by a special risk member that does

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not result in total and permanent disability as defined in s.

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121.091(4)(b). An injury is a qualifying injury when the injury

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is a physical injury to the member's physical body resulting in a

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physical loss, or loss of use, of one or both arms, legs, hands,

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or feet. Notwithstanding anything in this section to the

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contrary, an injury that would otherwise qualify as a qualifying

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injury shall not be considered a qualifying injury if and when

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the member ceases employment with the employer for whom he or she

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was providing special risk services on the date the injury

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occurred.

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     3. The new position, as described in sub-subparagraph 1.c.,

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which is required for qualification as a special risk member

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under this paragraph is not required to be a position whose

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essential job functions entitle an individual to special risk

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membership. Whether a new position as described in sub-

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subparagraph 1.c. exists and is available to the special risk

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member is a decision to be made solely by the employer in

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accordance with its hiring practices and applicable law.

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     4. This paragraph does not grant or create additional

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rights for any individual to continued employment, to be hired,

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or to be rehired by his or her employer which are not already

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provided within the Florida Statutes, the State Constitution, the

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Americans with Disabilities Act, if applicable, or any other

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applicable state or federal law.

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     (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.--

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     (d) Notwithstanding any provision in this subsection to the

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contrary, this subsection does not apply to any special risk

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member who qualifies for continued membership pursuant to the

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provisions of paragraph (2)(i).

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     Section 5.  This act shall take effect October 1, 2008.