Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 672
       
       
       
       
       
       
                                Barcode 954052                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2013           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Section 945.75, Florida Statutes, is repealed.
    7         Section 2. Section 985.105, Florida Statutes, is repealed.
    8         Section 3. Paragraphs (h) through (k) of subsection (3) of
    9  section 121.0515, Florida Statutes, are redesignated as
   10  paragraphs (g) through (j) of that subsection, respectively, and
   11  paragraphs (e) through (i) of subsection (2), present paragraphs
   12  (g) and (k) of subsection (3), paragraph (b) of subsection (5),
   13  paragraph (d) of subsection (8), and paragraph (c) of subsection
   14  (10) of that section are amended to read:
   15         121.0515 Special Risk Class.—
   16         (2) MEMBERSHIP.—
   17         (e) Effective July 1, 2001, “special risk member” includes
   18  any member who is employed as a youth custody officer by the
   19  Department of Juvenile Justice and meets the special criteria
   20  set forth in paragraph (3)(g).
   21         (e)(f) Effective October 1, 2005, through June 30, 2008,
   22  the member must be employed by a law enforcement agency or
   23  medical examiner’s office in a forensic discipline and meet the
   24  special criteria set forth in paragraph (3)(g) (3)(h).
   25         (f)(g) Effective July 1, 2008, the member must be employed
   26  by the Department of Law Enforcement in the crime laboratory or
   27  by the Division of State Fire Marshal in the forensic laboratory
   28  and meet the special criteria set forth in paragraph (3)(h)
   29  (3)(i).
   30         (g)(h) Effective July 1, 2008, the member must be employed
   31  by a local government law enforcement agency or medical
   32  examiner’s office and meet the special criteria set forth in
   33  paragraph (3)(i) (3)(j).
   34         (h)(i) Effective August 1, 2008, “special risk member”
   35  includes any member who meets the special criteria for continued
   36  membership set forth in paragraph (3)(j) (3)(k).
   37         (3) CRITERIA.—A member, to be designated as a special risk
   38  member, must meet the following criteria:
   39         (g) Effective July 1, 2001, the member must be employed as
   40  a youth custody officer and be certified, or required to be
   41  certified, in compliance with s. 943.1395. In addition, the
   42  member’s primary duties and responsibilities must be the
   43  supervised custody, surveillance, control, investigation,
   44  apprehension, arrest, and counseling of assigned juveniles
   45  within the community;
   46         (j)(k) The member must have already qualified for and be
   47  actively participating in special risk membership under
   48  paragraph (a), paragraph (b), or paragraph (c), must have
   49  suffered a qualifying injury as defined in this paragraph, must
   50  not be receiving disability retirement benefits as provided in
   51  s. 121.091(4), and must satisfy the requirements of this
   52  paragraph.
   53         1. The ability to qualify for the class of membership
   54  defined in paragraph (2)(h) (2)(i) occurs when two licensed
   55  medical physicians, one of whom is a primary treating physician
   56  of the member, certify the existence of the physical injury and
   57  medical condition that constitute a qualifying injury as defined
   58  in this paragraph and that the member has reached maximum
   59  medical improvement after August 1, 2008. The certifications
   60  from the licensed medical physicians must include, at a minimum,
   61  that the injury to the special risk member has resulted in a
   62  physical loss, or loss of use, of at least two of the following:
   63  left arm, right arm, left leg, or right leg; and:
   64         a. That this physical loss or loss of use is total and
   65  permanent, except in the event that the loss of use is due to a
   66  physical injury to the member’s brain, in which event the loss
   67  of use is permanent with at least 75 percent loss of motor
   68  function with respect to each arm or leg affected.
   69         b. That this physical loss or loss of use renders the
   70  member physically unable to perform the essential job functions
   71  of his or her special risk position.
   72         c. That, notwithstanding this physical loss or loss of use,
   73  the individual is able to perform the essential job functions
   74  required by the member’s new position, as provided in
   75  subparagraph 3.
   76         d. That use of artificial limbs is either not possible or
   77  does not alter the member’s ability to perform the essential job
   78  functions of the member’s position.
   79         e. That the physical loss or loss of use is a direct result
   80  of a physical injury and not a result of any mental,
   81  psychological, or emotional injury.
   82         2. For the purposes of this paragraph, “qualifying injury”
   83  means an injury sustained in the line of duty, as certified by
   84  the member’s employing agency, by a special risk member that
   85  does not result in total and permanent disability as defined in
   86  s. 121.091(4)(b). An injury is a qualifying injury if the injury
   87  is a physical injury to the member’s physical body resulting in
   88  a physical loss, or loss of use, of at least two of the
   89  following: left arm, right arm, left leg, or right leg.
   90  Notwithstanding any other provision of this section, an injury
   91  that would otherwise qualify as a qualifying injury is not
   92  considered a qualifying injury if and when the member ceases
   93  employment with the employer for whom he or she was providing
   94  special risk services on the date the injury occurred.
   95         3. The new position, as described in sub-subparagraph 1.c.,
   96  that is required for qualification as a special risk member
   97  under this paragraph is not required to be a position with
   98  essential job functions that entitle an individual to special
   99  risk membership. Whether a new position as described in sub
  100  subparagraph 1.c. exists and is available to the special risk
  101  member is a decision to be made solely by the employer in
  102  accordance with its hiring practices and applicable law.
  103         4. This paragraph does not grant or create additional
  104  rights for any individual to continued employment or to be hired
  105  or rehired by his or her employer that are not already provided
  106  within the Florida Statutes, the State Constitution, the
  107  Americans with Disabilities Act, if applicable, or any other
  108  applicable state or federal law.
  109         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
  110         (b) Any member who is a special risk member on July 1,
  111  2008, and who became eligible to participate under paragraph
  112  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
  113  Class membership established by paragraph (3)(h) (3)(i) or
  114  paragraph (3)(i) (3)(j) shall have his or her special risk
  115  designation removed and thereafter shall be a Regular Class
  116  member and earn only Regular Class membership credit. The
  117  department may review the special risk designation of members to
  118  determine whether or not those members continue to meet the
  119  criteria for Special Risk Class membership.
  120         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  121         (d) Notwithstanding any other provision of this subsection,
  122  this subsection does not apply to any special risk member who
  123  qualifies for continued membership pursuant to paragraph (3)(j)
  124  (3)(k).
  125         (10) CREDIT FOR UPGRADED SERVICE.—
  126  (c) Any member of the Special Risk Class who has earned
  127  creditable service through June 30, 2008, in another membership
  128  class of the Florida Retirement System in a position with the
  129  Department of Law Enforcement or the Division of State Fire
  130  Marshal and became covered by the Special Risk Class as
  131  described in paragraph (3)(h) (3)(i), or with a local government
  132  law enforcement agency or medical examiner’s office and became
  133  covered by the Special Risk Class as described in paragraph
  134  (3)(i) (3)(j), which service is within the purview of the
  135  Special Risk Class, and is employed in such position on or after
  136  July 1, 2008, may purchase additional retirement credit to
  137  upgrade such service to Special Risk Class service, to the
  138  extent of the percentages of the member’s average final
  139  compensation provided in s. 121.091(1)(a)2. The cost for such
  140  credit must be an amount representing the actuarial accrued
  141  liability for the difference in accrual value during the
  142  affected period of service. The cost shall be calculated using
  143  the discount rate and other relevant actuarial assumptions that
  144  were used to value the Florida Retirement System Pension Plan
  145  liabilities in the most recent actuarial valuation. The division
  146  shall ensure that the transfer sum is prepared using a formula
  147  and methodology certified by an enrolled actuary. The cost must
  148  be paid immediately upon notification by the division. The local
  149  government employer may purchase the upgraded service credit on
  150  behalf of the member if the member has been employed by that
  151  employer for at least 3 years.
  152         Section 4. This act shall take effect July 1, 2013.
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155         And the title is amended as follows:
  156         Delete everything before the enacting clause
  157  and insert:
  158                        A bill to be entitled                      
  159         An act relating to juvenile justice; repealing s.
  160         945.75, F.S.; deleting a requirement that the
  161         Department of Corrections and counties develop
  162         programs under which a judge may order juveniles who
  163         have committed delinquent acts to tour correctional
  164         facilities; repealing s. 985.105, F.S., relating to
  165         the creation, duties, and qualifications of the youth
  166         custody officer position within the Department of
  167         Juvenile Justice; amending s. 121.0515, F.S.;
  168         conforming provisions to changes made by the act;
  169         providing an effective date.