Florida Senate - 2013                                     SB 672
       
       
       
       By Senator Evers
       
       
       
       
       2-00886-13                                             2013672__
    1                        A bill to be entitled                      
    2         An act relating to youth custody officers; repealing
    3         s. 985.105, F.S., relating to the creation, duties,
    4         and qualifications of the youth custody officer
    5         position within the Department of Juvenile Justice;
    6         amending s. 121.0515, F.S.; conforming provisions to
    7         changes made by the act; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 985.105, Florida Statutes, is repealed.
   12         Section 2. Present paragraphs (h) through (k) of subsection
   13  (3) of section 121.0515, Florida Statutes, are redesignated as
   14  paragraphs (g) through (j), respectively, and paragraphs (e)
   15  through (i) of subsection (2), present paragraphs (g) and (k) of
   16  subsection (3), paragraph (b) of subsection (5), paragraph (d)
   17  of subsection (8), and paragraph (c) of subsection (10) of that
   18  section are amended, to read:
   19         121.0515 Special Risk Class.—
   20         (2) MEMBERSHIP.—
   21         (e) Effective July 1, 2001, “special risk member” includes
   22  any member who is employed as a youth custody officer by the
   23  Department of Juvenile Justice and meets the special criteria
   24  set forth in paragraph (3)(g).
   25         (e)(f) Effective October 1, 2005, through June 30, 2008,
   26  the member must be employed by a law enforcement agency or
   27  medical examiner’s office in a forensic discipline and meet the
   28  special criteria set forth in paragraph (3)(g) (3)(h).
   29         (f)(g) Effective July 1, 2008, the member must be employed
   30  by the Department of Law Enforcement in the crime laboratory or
   31  by the Division of State Fire Marshal in the forensic laboratory
   32  and meet the special criteria set forth in paragraph (3)(h)
   33  (3)(i).
   34         (g)(h) Effective July 1, 2008, the member must be employed
   35  by a local government law enforcement agency or medical
   36  examiner’s office and meet the special criteria set forth in
   37  paragraph (3)(i) (3)(j).
   38         (h)(i) Effective August 1, 2008, “special risk member”
   39  includes any member who meets the special criteria for continued
   40  membership set forth in paragraph (3)(j) (3)(k).
   41         (3) CRITERIA.—A member, to be designated as a special risk
   42  member, must meet the following criteria:
   43         (g) Effective July 1, 2001, the member must be employed as
   44  a youth custody officer and be certified, or required to be
   45  certified, in compliance with s. 943.1395. In addition, the
   46  member’s primary duties and responsibilities must be the
   47  supervised custody, surveillance, control, investigation,
   48  apprehension, arrest, and counseling of assigned juveniles
   49  within the community;
   50         (j)(k) The member must have already qualified for and be
   51  actively participating in special risk membership under
   52  paragraph (a), paragraph (b), or paragraph (c), must have
   53  suffered a qualifying injury as defined in this paragraph, must
   54  not be receiving disability retirement benefits as provided in
   55  s. 121.091(4), and must satisfy the requirements of this
   56  paragraph.
   57         1. The ability to qualify for the class of membership
   58  defined in paragraph (2)(h) (2)(i) occurs when two licensed
   59  medical physicians, one of whom is a primary treating physician
   60  of the member, certify the existence of the physical injury and
   61  medical condition that constitute a qualifying injury as defined
   62  in this paragraph and that the member has reached maximum
   63  medical improvement after August 1, 2008. The certifications
   64  from the licensed medical physicians must include, at a minimum,
   65  that the injury to the special risk member has resulted in a
   66  physical loss, or loss of use, of at least two of the following:
   67  left arm, right arm, left leg, or right leg; and:
   68         a. That this physical loss or loss of use is total and
   69  permanent, except in the event that the loss of use is due to a
   70  physical injury to the member’s brain, in which event the loss
   71  of use is permanent with at least 75 percent loss of motor
   72  function with respect to each arm or leg affected.
   73         b. That this physical loss or loss of use renders the
   74  member physically unable to perform the essential job functions
   75  of his or her special risk position.
   76         c. That, notwithstanding this physical loss or loss of use,
   77  the individual is able to perform the essential job functions
   78  required by the member’s new position, as provided in
   79  subparagraph 3.
   80         d. That use of artificial limbs is either not possible or
   81  does not alter the member’s ability to perform the essential job
   82  functions of the member’s position.
   83         e. That the physical loss or loss of use is a direct result
   84  of a physical injury and not a result of any mental,
   85  psychological, or emotional injury.
   86         2. For the purposes of this paragraph, “qualifying injury”
   87  means an injury sustained in the line of duty, as certified by
   88  the member’s employing agency, by a special risk member that
   89  does not result in total and permanent disability as defined in
   90  s. 121.091(4)(b). An injury is a qualifying injury if the injury
   91  is a physical injury to the member’s physical body resulting in
   92  a physical loss, or loss of use, of at least two of the
   93  following: left arm, right arm, left leg, or right leg.
   94  Notwithstanding any other provision of this section, an injury
   95  that would otherwise qualify as a qualifying injury is not
   96  considered a qualifying injury if and when the member ceases
   97  employment with the employer for whom he or she was providing
   98  special risk services on the date the injury occurred.
   99         3. The new position, as described in sub-subparagraph 1.c.,
  100  that is required for qualification as a special risk member
  101  under this paragraph is not required to be a position with
  102  essential job functions that entitle an individual to special
  103  risk membership. Whether a new position as described in sub
  104  subparagraph 1.c. exists and is available to the special risk
  105  member is a decision to be made solely by the employer in
  106  accordance with its hiring practices and applicable law.
  107         4. This paragraph does not grant or create additional
  108  rights for any individual to continued employment or to be hired
  109  or rehired by his or her employer that are not already provided
  110  within the Florida Statutes, the State Constitution, the
  111  Americans with Disabilities Act, if applicable, or any other
  112  applicable state or federal law.
  113         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
  114         (b) Any member who is a special risk member on July 1,
  115  2008, and who became eligible to participate under paragraph
  116  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
  117  Class membership established by paragraph (3)(h) (3)(i) or
  118  paragraph (3)(i) (3)(j) shall have his or her special risk
  119  designation removed and thereafter shall be a Regular Class
  120  member and earn only Regular Class membership credit. The
  121  department may review the special risk designation of members to
  122  determine whether or not those members continue to meet the
  123  criteria for Special Risk Class membership.
  124         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  125         (d) Notwithstanding any other provision of this subsection,
  126  this subsection does not apply to any special risk member who
  127  qualifies for continued membership pursuant to paragraph (3)(j)
  128  (3)(k).
  129         (10) CREDIT FOR UPGRADED SERVICE.—
  130         (c) Any member of the Special Risk Class who has earned
  131  creditable service through June 30, 2008, in another membership
  132  class of the Florida Retirement System in a position with the
  133  Department of Law Enforcement or the Division of State Fire
  134  Marshal and became covered by the Special Risk Class as
  135  described in paragraph (3)(h) (3)(i), or with a local government
  136  law enforcement agency or medical examiner’s office and became
  137  covered by the Special Risk Class as described in paragraph
  138  (3)(i) (3)(j), which service is within the purview of the
  139  Special Risk Class, and is employed in such position on or after
  140  July 1, 2008, may purchase additional retirement credit to
  141  upgrade such service to Special Risk Class service, to the
  142  extent of the percentages of the member’s average final
  143  compensation provided in s. 121.091(1)(a)2. The cost for such
  144  credit must be an amount representing the actuarial accrued
  145  liability for the difference in accrual value during the
  146  affected period of service. The cost shall be calculated using
  147  the discount rate and other relevant actuarial assumptions that
  148  were used to value the Florida Retirement System Pension Plan
  149  liabilities in the most recent actuarial valuation. The division
  150  shall ensure that the transfer sum is prepared using a formula
  151  and methodology certified by an enrolled actuary. The cost must
  152  be paid immediately upon notification by the division. The local
  153  government employer may purchase the upgraded service credit on
  154  behalf of the member if the member has been employed by that
  155  employer for at least 3 years.
  156         Section 3. This act shall take effect July 1, 2013.