HB 1193

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; providing a
11	definition; prohibiting the grant or creation of
12	additional rights; providing retroactive effect; providing
13	an 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 instruct school personnel, public officials,
23	and private citizens about safety; and that their activities are
24	vital to public safety. Therefore, the Legislature finds that it
25	is a proper and legitimate state purpose to provide a uniform
26	retirement system for the benefit of persons employed in law
27	enforcement, firefighting, and criminal detention positions and
28	finds, in implementing the provisions of s. 14, Art. X of the
29	State Constitution relating to pension trust fund systems and
30	plans, that such retirement systems or plans be managed,
31	administered, operated, and funded in such manner as to maximize
32	the protection of pension trust funds. Pursuant to s. 18, Art.
33	VII of the State Constitution, the Legislature determines and
34	declares that the provisions of this act fulfill an important
35	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 risk
51	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 at least two of the following:
114	left arm, right arm, left leg, or right leg; and:
115	a.  That this physical loss or loss of use is total and
116	permanent, except in the event that the loss of use is due to a
117	physical injury to the member's brain, in which event the loss
118	of use is permanent with at least 75-percent loss of motor
119	function with respect to each arm or leg affected.
120	b.  That this physical loss or loss of use renders the
121	member physically unable to perform the essential job functions
122	of his or her special risk position.
123	c.  That, notwithstanding this physical loss or loss of
124	use, the individual is able to perform the essential job
125	functions required by the member's new position, as provided in
126	subparagraph 3.
127	d.  That use of artificial limbs is either not possible or
128	does not alter the member's ability to perform the essential job
129	functions of the member's position.
130	e.  That the physical loss or loss of use is a direct
131	result of a physical injury and not a result of any mental,
132	psychological, or emotional injury.
133	2.  For the purposes of this paragraph, "qualifying injury"
134	means an injury sustained in the line of duty, as certified by
135	the member's employing agency, by a special risk member that
136	does not result in total and permanent disability as defined in
137	s. 121.091(4)(b). An injury is a qualifying injury when the
138	injury is a physical injury to the member's physical body
139	resulting in a physical loss, or loss of use, of at least two of
140	the following: left arm, right arm, left leg, or right leg.
141	Notwithstanding anything in this section to the contrary, an
142	injury that would otherwise qualify as a qualifying injury shall
143	not be considered a qualifying injury if and when the member
144	ceases employment with the employer for whom he or she was
145	providing special risk services on the date the injury occurred.
146	3.  The new position, as described in sub-subparagraph
147	1.c., that is required for qualification as a special risk
148	member under this paragraph is not required to be a position
149	with essential job functions that entitle an individual to
150	special risk membership. Whether a new position as described in
151	sub-subparagraph 1.c. exists and is available to the special
152	risk member is a decision to be made solely by the employer in
153	accordance with its hiring practices and applicable law.
154	4.  This paragraph does not grant or create additional
155	rights for any individual to continued employment or to be hired
156	or rehired by his or her employer that are not already provided
157	within the Florida Statutes, the State Constitution, the
158	Americans with Disabilities Act, if applicable, or any other
159	applicable state or federal law.
160	(7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.-
161	(d)  Notwithstanding any provision of this subsection to
162	the contrary, this subsection does not apply to any special risk
163	member who qualifies for continued membership pursuant to the
164	provisions of paragraph (2)(k).
165	Section 5.  This act shall take effect upon becoming a law.

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