Florida Senate - 2015                                     SB 898
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00892-15                                            2015898__
    1                        A bill to be entitled                      
    2         An act relating to the special risk class; amending s.
    3         121.0515, F.S.; revising criteria for membership in
    4         the special risk class to include members employed as
    5         911 public safety telecommunicators; providing that
    6         such a telecommunicator is not eligible for a certain
    7         adjustment in his or her monthly retirement benefit;
    8         making technical changes; declaring the act fulfills
    9         an important state interest; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (h) of subsection (2), subsection (3),
   15  and paragraph (d) of subsection (8) of section 121.0515, Florida
   16  Statutes, are amended to read:
   17         121.0515 Special Risk Class.—
   18         (2) MEMBERSHIP.—
   19         (h) Effective August 1, 2008, “special risk member”
   20  includes any member who meets the special criteria for continued
   21  membership set forth in paragraph (3)(k) (3)(j).
   22         (3) CRITERIA.—A member, to be designated as a special risk
   23  member, must meet the following criteria:
   24         (a) Effective October 1, 1978, the member must be employed
   25  as a law enforcement officer and be certified, or required to be
   26  certified, in compliance with s. 943.1395, except that; however,
   27  sheriffs and elected police chiefs are not required to be
   28  certified excluded from meeting the certification requirements
   29  of this paragraph. In addition, the member’s duties and
   30  responsibilities must include the pursuit, apprehension, and
   31  arrest of law violators or suspected law violators; or as of
   32  July 1, 1982, the member must be an active member of a bomb
   33  disposal unit whose primary responsibility is the location,
   34  handling, and disposal of explosive devices; or the member must
   35  be the supervisor or command officer of a member or members who
   36  have such responsibilities. Administrative support personnel,
   37  including, but not limited to, those whose primary duties and
   38  responsibilities are in accounting, purchasing, legal, and
   39  personnel, are not included;
   40         (b) Effective October 1, 1978, the member must be employed
   41  as a firefighter and be certified, or required to be certified,
   42  in compliance with s. 633.408 and be employed solely within the
   43  fire department of a local government employer or an agency of
   44  state government with firefighting responsibilities. In
   45  addition, the member’s duties and responsibilities must include
   46  on-the-scene fighting of fires; as of October 1, 2001, fire
   47  prevention or firefighter training; as of October 1, 2001,
   48  direct supervision of firefighting units, fire prevention, or
   49  firefighter training; or as of July 1, 2001, aerial firefighting
   50  surveillance performed by fixed-wing aircraft pilots employed by
   51  the Florida Forest Service of the Department of Agriculture and
   52  Consumer Services; or the member must be the supervisor or
   53  command officer of a member or members who have such
   54  responsibilities. Administrative support personnel, including,
   55  but not limited to, those whose primary duties and
   56  responsibilities are in accounting, purchasing, legal, and
   57  personnel, are not included. All periods of creditable service
   58  in fire prevention or firefighter training, or as the supervisor
   59  or command officer of a member or members who have such
   60  responsibilities, and for which the employer paid the special
   61  risk contribution rate, are included. Administrative support
   62  personnel, including, but not limited to, those whose primary
   63  duties and responsibilities are in accounting, purchasing,
   64  legal, and personnel, are not included;
   65         (c) Effective October 1, 1978, the member must be employed
   66  as a correctional officer and be certified, or required to be
   67  certified, in compliance with s. 943.1395. In addition, the
   68  member’s primary duties and responsibilities must include be the
   69  custody, and physical restraint if when necessary, of prisoners
   70  or inmates within a prison, jail, or other criminal detention
   71  facility, or while on work detail outside the facility, or while
   72  being transported; or as of July 1, 1984, the member must be the
   73  supervisor or command officer of a member or members who have
   74  such responsibilities. Administrative support personnel,
   75  including, but not limited to, those whose primary duties and
   76  responsibilities are in accounting, purchasing, legal, and
   77  personnel, are not included; however, wardens and assistant
   78  wardens, as defined by rule, are included;
   79         (d) Effective October 1, 1999, the member must be employed
   80  by a licensed Advance Life Support (ALS) or Basic Life Support
   81  (BLS) employer as an emergency medical technician or a paramedic
   82  and be certified in compliance with s. 401.27. In addition, the
   83  member’s primary duties and responsibilities must include on
   84  the-scene emergency medical care or as of October 1, 2001,
   85  direct supervision of emergency medical technicians or
   86  paramedics, or the member must be the supervisor or command
   87  officer of one or more members who have such responsibility.
   88  Administrative support personnel, including, but not limited to,
   89  those whose primary responsibilities are in accounting,
   90  purchasing, legal, and personnel, are not included;
   91         (e) Effective January 1, 2001, the member must be employed
   92  as a community-based correctional probation officer and be
   93  certified, or required to be certified, in compliance with s.
   94  943.1395. In addition, the member’s primary duties and
   95  responsibilities must be the supervised custody, surveillance,
   96  control, investigation, and counseling of assigned inmates,
   97  probationers, parolees, or community controllees within the
   98  community; or the member must be the supervisor of a member or
   99  members who have such responsibilities. Administrative support
  100  personnel, including, but not limited to, those whose primary
  101  duties and responsibilities are in accounting, purchasing, legal
  102  services, and personnel management, are not included; however,
  103  probation and parole circuit and deputy circuit administrators
  104  are included;
  105         (f) Effective January 1, 2001, the member must be employed
  106  in one of the following classes and must spend at least 75
  107  percent of his or her time performing duties that which involve
  108  contact with patients or inmates in a correctional or forensic
  109  facility or institution:
  110         1. Dietitian (class codes 5203 and 5204);
  111         2. Public health nutrition consultant (class code 5224);
  112         3. Psychological specialist (class codes 5230 and 5231);
  113         4. Psychologist (class code 5234);
  114         5. Senior psychologist (class codes 5237 and 5238);
  115         6. Regional mental health consultant (class code 5240);
  116         7. Psychological Services Director—DCF (class code 5242);
  117         8. Pharmacist (class codes 5245 and 5246);
  118         9. Senior pharmacist (class codes 5248 and 5249);
  119         10. Dentist (class code 5266);
  120         11. Senior dentist (class code 5269);
  121         12. Registered nurse (class codes 5290 and 5291);
  122         13. Senior registered nurse (class codes 5292 and 5293);
  123         14. Registered nurse specialist (class codes 5294 and
  124  5295);
  125         15. Clinical associate (class codes 5298 and 5299);
  126         16. Advanced registered nurse practitioner (class codes
  127  5297 and 5300);
  128         17. Advanced registered nurse practitioner specialist
  129  (class codes 5304 and 5305);
  130         18. Registered nurse supervisor (class codes 5306 and
  131  5307);
  132         19. Senior registered nurse supervisor (class codes 5308
  133  and 5309);
  134         20. Registered nursing consultant (class codes 5312 and
  135  5313);
  136         21. Quality management program supervisor (class code
  137  5314);
  138         22. Executive nursing director (class codes 5320 and 5321);
  139         23. Speech and hearing therapist (class code 5406); or
  140         24. Pharmacy manager (class code 5251);
  141         (g) Effective October 1, 2005, through June 30, 2008, the
  142  member must be employed by a law enforcement agency or medical
  143  examiner’s office in a forensic discipline recognized by the
  144  International Association for Identification and must qualify
  145  for active membership in the International Association for
  146  Identification. The member’s primary duties and responsibilities
  147  must include the collection, examination, preservation,
  148  documentation, preparation, or analysis of physical evidence or
  149  testimony, or both, or the member must be the direct supervisor,
  150  quality management supervisor, or command officer of one or more
  151  individuals with such responsibility. Administrative support
  152  personnel, including, but not limited to, those whose primary
  153  responsibilities are clerical or in accounting, purchasing,
  154  legal, and personnel, are not included;
  155         (h) Effective July 1, 2008, the member must be employed by
  156  the Department of Law Enforcement in the crime laboratory or by
  157  the Division of State Fire Marshal in the forensic laboratory in
  158  one of the following classes:
  159         1. Forensic technologist (class code 8459);
  160         2. Crime laboratory technician (class code 8461);
  161         3. Crime laboratory analyst (class code 8463);
  162         4. Senior crime laboratory analyst (class code 8464);
  163         5. Crime laboratory analyst supervisor (class code 8466);
  164         6. Forensic chief (class code 9602); or
  165         7. Forensic services quality manager (class code 9603);
  166         (i) Effective July 1, 2008, the member must be employed by
  167  a local government law enforcement agency or medical examiner’s
  168  office and must spend at least 65 percent of his or her time
  169  performing duties that involve the collection, examination,
  170  preservation, documentation, preparation, or analysis of human
  171  tissues or fluids or physical evidence having potential
  172  biological, chemical, or radiological hazard or contamination,
  173  or use chemicals, processes, or materials that may have
  174  carcinogenic or health-damaging properties in the analysis of
  175  such evidence, or the member must be the direct supervisor of
  176  one or more individuals having such responsibility. If a special
  177  risk member changes to another position within the same agency,
  178  he or she must submit a complete application as provided in
  179  paragraph (4)(a);
  180         (j) Effective July 1, 2016, the member must be employed as
  181  a 911 public safety telecommunicator certified under s. 401.465.
  182  However, such telecommunicators are not eligible for the
  183  adjustment in the monthly retirement benefit provided pursuant
  184  to s. 121.091(1)(a)2.; or
  185         (k)(j) The member must have already qualified for and be
  186  actively participating in special risk membership under
  187  paragraph (a), paragraph (b), or paragraph (c), must have
  188  suffered a qualifying injury as defined in this paragraph, must
  189  not be receiving disability retirement benefits as provided in
  190  s. 121.091(4), and must satisfy the requirements of this
  191  paragraph.
  192         1. The ability to qualify for the class of membership
  193  defined in paragraph (2)(h) occurs when two licensed medical
  194  physicians, one of whom is a primary treating physician of the
  195  member, certify the existence of the physical injury and medical
  196  condition that constitute a qualifying injury as defined in this
  197  paragraph and that the member has reached maximum medical
  198  improvement after August 1, 2008. The certifications from the
  199  licensed medical physicians must include, at a minimum, that the
  200  injury to the special risk member has resulted in a physical
  201  loss, or loss of use, of at least two of the following: left
  202  arm, right arm, left leg, or right leg; and that:
  203         a. The That this physical loss or loss of use is total and
  204  permanent, unless except if the loss of use is due to a physical
  205  injury to the member’s brain, in which event the loss of use is
  206  permanent with at least 75 percent loss of motor function with
  207  respect to each arm or leg affected.
  208         b. The That this physical loss or loss of use renders the
  209  member physically unable to perform the essential job functions
  210  of his or her special risk position.
  211         c. That, Notwithstanding this physical loss or loss of use,
  212  the individual can perform the essential job functions required
  213  by the member’s new position, as provided in subparagraph 3.
  214         d. That Use of artificial limbs is not possible or does not
  215  alter the member’s ability to perform the essential job
  216  functions of the member’s position.
  217         e. That The physical loss or loss of use is a direct result
  218  of a physical injury and not a result of any mental,
  219  psychological, or emotional injury.
  220         2. For the purposes of this paragraph, “qualifying injury”
  221  means an injury sustained in the line of duty, as certified by
  222  the member’s employing agency, by a special risk member that
  223  does not result in total and permanent disability as defined in
  224  s. 121.091(4)(b). An injury is a qualifying injury if the injury
  225  is a physical injury to the member’s physical body resulting in
  226  a physical loss, or loss of use, of at least two of the
  227  following: left arm, right arm, left leg, or right leg.
  228  Notwithstanding any other provision of this section, an injury
  229  that would otherwise qualify as a qualifying injury is not
  230  considered a qualifying injury if and when the member ceases
  231  employment with the employer for whom he or she was providing
  232  special risk services on the date the injury occurred.
  233         3. The new position, as described in sub-subparagraph 1.c.,
  234  which that is required for qualification as a special risk
  235  member under this paragraph is not required to be a position
  236  with essential job functions that entitle an individual to
  237  special risk membership. Whether a new position as described in
  238  sub-subparagraph 1.c. exists and is available to the special
  239  risk member is a decision to be made solely by the employer in
  240  accordance with its hiring practices and applicable law.
  241         4. This paragraph does not grant or create additional
  242  rights for any individual to continued employment or to be hired
  243  or rehired by his or her employer that are not already provided
  244  by state law within the Florida Statutes, the State
  245  Constitution, the Americans with Disabilities Act, if
  246  applicable, or any other applicable state or federal law.
  247         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  248         (d) Notwithstanding any other provision of this subsection,
  249  this subsection does not apply to any special risk member who
  250  qualifies for continued membership pursuant to paragraph (3)(k)
  251  (3)(j).
  252         Section 2. The Legislature finds that a proper and
  253  legitimate state purpose is served when employees and retirees
  254  of the state and its political subdivisions, and the dependents,
  255  survivors, and beneficiaries of such employees and retirees, are
  256  extended the basic protections afforded by governmental
  257  retirement systems. These persons must be provided benefits that
  258  are fair and adequate and are managed, administered, and funded
  259  in an actuarially sound manner, as required by s. 14, Article X
  260  of the State Constitution and part VII of chapter 112, Florida
  261  Statutes. Therefore, the Legislature determines and declares
  262  that this act fulfills an important state interest.
  263         Section 3. This act shall take effect July 1, 2015.