Florida Senate - 2009                                    SB 1942
       
       
       
       By Senator Altman
       
       
       
       
       24-01718-09                                           20091942__
    1                        A bill to be entitled                      
    2         An act relating to retirement; providing a short
    3         title; providing legislative findings; providing a
    4         statement of important state interest; amending s.
    5         121.021, F.S.; revising the definition of “special
    6         risk member” to include certain members suffering a
    7         qualifying injury; amending s. 121.0515, F.S.;
    8         providing eligibility requirements for membership in
    9         the Special Risk Class for certain members suffering a
   10         qualifying injury; providing medical certification
   11         requirements; defining “qualifying injury”;
   12         prohibiting the grant or creation of additional
   13         rights; providing retroactive effect; providing an
   14         effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. This act may be cited as the “Adam Pierce Act.”
   19         Section 2. The Legislature finds that persons employed in
   20  law enforcement, firefighting, and criminal detention positions
   21  perform state and municipal functions; that it is their duty to
   22  protect life and property at their own risk and peril; that it
   23  is their duty to continuously instruct school personnel, public
   24  officials, and private citizens about safety; and that their
   25  activities are vital to public safety. Therefore, the
   26  Legislature finds that it is a proper and legitimate state
   27  purpose to provide a uniform retirement system for the benefit
   28  of persons employed in law enforcement, firefighting, and
   29  criminal detention positions and finds, in implementing the
   30  provisions of s. 14, Art. X of the State Constitution as they
   31  relate to pension trust fund systems and plans, that such
   32  retirement systems or plans be managed, administered, operated,
   33  and funded in such manner as to maximize the protection of
   34  pension trust funds. Pursuant to s. 18, Art. VII of the State
   35  Constitution, the Legislature determines and declares that the
   36  provisions of this act fulfill an important state interest.
   37         Section 3. Paragraph (f) is added to subsection (15) of
   38  section 121.021, Florida Statutes, to read:
   39         121.021 Definitions.—The following words and phrases as
   40  used in this chapter have the respective meanings set forth
   41  unless a different meaning is plainly required by the context:
   42         (15)
   43         (f) Effective August 1, 2008, “special risk member”
   44  includes any member who meets the special criteria for continued
   45  membership set forth in s. 121.0515(2)(k).
   46         Section 4. Paragraphs (g) through (j) of subsection (2) of
   47  section 121.0515, Florida Statutes, are amended, paragraph (k)
   48  is added to that subsection, and paragraph (d) is added to
   49  subsection (7) of that section, to read:
   50         121.0515 Special risk membership.—
   51         (2) CRITERIA.—A member, to be designated as a special risk
   52  member, must meet the following criteria:
   53         (g) The member must be employed as a youth custody officer
   54  and be certified, or required to be certified, in compliance
   55  with s. 943.1395. In addition, the member’s primary duties and
   56  responsibilities must be the supervised custody, surveillance,
   57  control, investigation, apprehension, arrest, and counseling of
   58  assigned juveniles within the community; or
   59         (h) Effective October 1, 2005, through June 30, 2008, the
   60  member must be employed by a law enforcement agency or medical
   61  examiner’s office in a forensic discipline recognized by the
   62  International Association for Identification and must qualify
   63  for active membership in the International Association for
   64  Identification. The member’s primary duties and responsibilities
   65  must include the collection, examination, preservation,
   66  documentation, preparation, or analysis of physical evidence or
   67  testimony, or both, or the member must be the direct supervisor,
   68  quality management supervisor, or command officer of one or more
   69  individuals with such responsibility. Administrative support
   70  personnel, including, but not limited to, those whose primary
   71  responsibilities are clerical or in accounting, purchasing,
   72  legal, and personnel, shall not be included;.
   73         (i) Effective July 1, 2008, the member must be employed by
   74  the Department of Law Enforcement in the crime laboratory or by
   75  the Division of State Fire Marshal in the forensic laboratory in
   76  one of the following classes:
   77         1. Forensic technologist (class code 8459);
   78         2. Crime laboratory technician (class code 8461);
   79         3. Crime laboratory analyst (class code 8463);
   80         4. Senior crime laboratory analyst (class code 8464);
   81         5. Crime laboratory analyst supervisor (class code 8466);
   82         6. Forensic chief (class code 9602); or
   83         7. Forensic services quality manager (class code 9603);.
   84         (j) Effective July 1, 2008, the member must be employed by
   85  a local government law enforcement agency or medical examiner’s
   86  office and must spend at least 65 percent of his or her time
   87  performing duties that involve the collection, examination,
   88  preservation, documentation, preparation, or analysis of human
   89  tissues or fluids or physical evidence having potential
   90  biological, chemical, or radiological hazard or contamination,
   91  or use chemicals, processes, or materials that may have
   92  carcinogenic or health-damaging properties in the analysis of
   93  such evidence, or the member must be the direct supervisor of
   94  one or more individuals having such responsibility. If a special
   95  risk member changes to another position within the same agency,
   96  he or she must submit a complete application as provided in
   97  paragraph (3)(a); or.
   98         (k) The member must have already qualified for and be
   99  actively participating in special risk membership under
  100  paragraph (a), paragraph (b), or paragraph (c), must have
  101  suffered a qualifying injury as defined in this paragraph, must
  102  not be receiving disability retirement benefits as provided in
  103  s. 121.091(4), and must satisfy the requirements of this
  104  paragraph.
  105         1. The ability to qualify for the class of membership
  106  defined in s. 121.021(15)(f) shall occur when two licensed
  107  medical physicians, one of whom is a primary treating physician
  108  of the member, certify the existence of the physical injury and
  109  medical condition that constitute a qualifying injury as defined
  110  in this paragraph and that the member has reached maximum
  111  medical improvement after August 1, 2008. The certifications
  112  from the licensed medical physicians must include, at a minimum,
  113  that the injury to the special risk member has resulted in a
  114  physical loss, or loss of use, of one or both arms, legs, hands,
  115  or feet, and:
  116         a. That this physical loss or loss of use is total and
  117  permanent, except in the event of a physical injury to the
  118  member’s brain, in which event the loss of use is:
  119         (I) Permanent and total with respect to at least one hand
  120  or foot; or
  121         (II) Permanent with at least 75-percent loss of motor
  122  function with respect to at least one arm or leg.
  123         b. That this physical loss or loss of use renders the
  124  member physically unable to perform the essential job functions
  125  of his or her special risk position.
  126         c. That, notwithstanding this physical loss or loss of use,
  127  the individual is able to perform the essential job functions
  128  required by the member’s new position, as provided in
  129  subparagraph 3.
  130         d. That use of artificial limbs is either not possible or
  131  does not alter the member’s ability to perform the essential job
  132  functions of the member’s position.
  133         e. That the physical loss or loss of use of one or both
  134  arms, legs, hands, or feet is a direct result of a physical
  135  injury and not a result of any mental, psychological, or
  136  emotional injury.
  137         2. For the purposes of this paragraph, “qualifying injury”
  138  means an injury sustained in the line of duty, as certified by
  139  the member’s employing agency, by a special risk member that
  140  does not result in total and permanent disability as defined in
  141  s. 121.091(4)(b). An injury is a qualifying injury when the
  142  injury is a physical injury to the member’s physical body
  143  resulting in a physical loss, or loss of use, of one or both
  144  arms, legs, hands, or feet. Notwithstanding anything in this
  145  section to the contrary, an injury that would otherwise qualify
  146  as a qualifying injury shall not be considered a qualifying
  147  injury if and when the member ceases employment with the
  148  employer for whom he or she was providing special risk services
  149  on the date the injury occurred.
  150         3. The new position, as described in sub-subparagraph 1.c.,
  151  that is required for qualification as a special risk member
  152  under this paragraph is not required to be a position whose
  153  essential job functions entitle an individual to special risk
  154  membership. Whether a new position as described in sub
  155  subparagraph 1.c. exists and is available to the special risk
  156  member is a decision to be made solely by the employer in
  157  accordance with its hiring practices and applicable law.
  158         4. This paragraph does not grant or create additional
  159  rights for any individual to continued employment, to be hired,
  160  or to be rehired by his or her employer that are not already
  161  provided within the Florida Statutes, the State Constitution,
  162  the Americans with Disabilities Act, if applicable, or any other
  163  applicable state or federal law.
  164         (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.—
  165         (d) Notwithstanding any provision of this subsection to the
  166  contrary, this subsection does not apply to any special risk
  167  member who qualifies for continued membership pursuant to the
  168  provisions of paragraph (2)(k).
  169         Section 5. This act shall take effect October 1, 2009.