HB 1027

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, 2008, "special risk member"
43	includes any member who meets the special criteria for continued
44	membership set forth in s. 121.0515(2)(k).
45	Section 4.  Paragraphs (g) through (j) of subsection (2) of
46	section 121.0515, Florida Statutes, are amended, paragraph (k)
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)  Effective October 1, 2005, through June 30, 2008, the
59	member must be employed by a law enforcement agency or medical
60	examiner's office in a forensic discipline recognized by the
61	International Association for Identification and must qualify
62	for active membership in the International Association for
63	Identification. The member's primary duties and responsibilities
64	must include the collection, examination, preservation,
65	documentation, preparation, or analysis of physical evidence or
66	testimony, or both, or the member must be the direct supervisor,
67	quality management supervisor, or command officer of one or more
68	individuals with such responsibility. Administrative support
69	personnel, including, but not limited to, those whose primary
70	responsibilities are clerical or in accounting, purchasing,
71	legal, and personnel, shall not be included;.
72	(i)  Effective July 1, 2008, the member must be employed by
73	the Department of Law Enforcement in the crime laboratory or by
74	the Division of State Fire Marshal in the forensic laboratory in
75	one of the following classes:
76	1.  Forensic technologist (class code 8459);
77	2.  Crime laboratory technician (class code 8461);
78	3.  Crime laboratory analyst (class code 8463);
79	4.  Senior crime laboratory analyst (class code 8464);
80	5.  Crime laboratory analyst supervisor (class code 8466);
81	6.  Forensic chief (class code 9602); or
82	7.  Forensic services quality manager (class code 9603);.
83	(j)  Effective July 1, 2008, the member must be employed by
84	a local government law enforcement agency or medical examiner's
85	office and must spend at least 65 percent of his or her time
86	performing duties that involve the collection, examination,
87	preservation, documentation, preparation, or analysis of human
88	tissues or fluids or physical evidence having potential
89	biological, chemical, or radiological hazard or contamination,
90	or use chemicals, processes, or materials that may have
91	carcinogenic or health-damaging properties in the analysis of
92	such evidence, or the member must be the direct supervisor of
93	one or more individuals having such responsibility. If a special
94	risk member changes to another position within the same agency,
95	he or she must submit a complete application as provided in
96	paragraph (3)(a); or.
97	(k)  The member must have already qualified for and be
98	actively participating in special risk membership under
99	paragraph (a), paragraph (b), or paragraph (c), must have
100	suffered a qualifying injury as defined in this paragraph, must
101	not be receiving disability retirement benefits as provided in
102	s. 121.091(4), and must satisfy the requirements of this
103	paragraph.
104	1.  The ability to qualify for the class of membership
105	defined in s. 121.021(15)(f) shall occur when two licensed
106	medical physicians, one of whom is a primary treating physician
107	of the member, certify the existence of the physical injury and
108	medical condition that constitute a qualifying injury as defined
109	in this paragraph and that the member has reached maximum
110	medical improvement after August 1, 2008. The certifications
111	from the licensed medical physicians must include, at a minimum,
112	that the injury to the special risk member has resulted in a
113	physical loss, or loss of use, of one or both arms, legs, hands,
114	or feet, and:
115	a.  That this physical loss or loss of use is total and
116	permanent, except in the event of a physical injury to the
117	member's brain, in which event the loss of use is:
118	(I)  Permanent and total with respect to at least one hand
119	or foot; or
120	(II)  Permanent with at least 75-percent loss of motor
121	function with respect to at least one arm or leg.
122	b.  That this physical loss or loss of use renders the
123	member physically unable to perform the essential job functions
124	of his or her special risk position.
125	c.  That, notwithstanding this physical loss or loss of
126	use, the individual is able to perform the essential job
127	functions required by the member's new position, as provided in
128	subparagraph 3.
129	d.  That use of artificial limbs is either not possible or
130	does not alter the member's ability to perform the essential job
131	functions of the member's position.
132	e.  That the physical loss or loss of use of one or both
133	arms, legs, hands, or feet is a direct result of a physical
134	injury and not a result of any mental, psychological, or
135	emotional injury.
136	2.  For the purposes of this paragraph, "qualifying injury"
137	means an injury sustained in the line of duty, as certified by
138	the member's employing agency, by a special risk member that
139	does not result in total and permanent disability as defined in
140	s. 121.091(4)(b). An injury is a qualifying injury when the
141	injury is a physical injury to the member's physical body
142	resulting in a physical loss, or loss of use, of one or both
143	arms, legs, hands, or feet. Notwithstanding anything in this
144	section to the contrary, an injury that would otherwise qualify
145	as a qualifying injury shall not be considered a qualifying
146	injury if and when the member ceases employment with the
147	employer for whom he or she was providing special risk services
148	on the date the injury occurred.
149	3.  The new position, as described in sub-subparagraph
150	1.c., that is required for qualification as a special risk
151	member under this paragraph is not required to be a position
152	whose essential job functions entitle an individual to special
153	risk membership. Whether a new position as described in sub-
154	subparagraph 1.c. exists and is available to the special risk
155	member is a decision to be made solely by the employer in
156	accordance with its hiring practices and applicable law.
157	4.  This paragraph does not grant or create additional
158	rights for any individual to continued employment, to be hired,
159	or to be rehired by his or her employer that are not already
160	provided within the Florida Statutes, the State Constitution,
161	the Americans with Disabilities Act, if applicable, or any other
162	applicable state or federal law.
163	(7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.--
164	(d)  Notwithstanding any provision of this subsection to
165	the contrary, this subsection does not apply to any special risk
166	member who qualifies for continued membership pursuant to the
167	provisions of paragraph (2)(k).
168	Section 5.  This act shall take effect October 1, 2009.

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