Bill Text: FL S1932 | 2010 | Regular Session | Introduced
Bill Title: Retirement/Special Risk Class/Qualifying Injury [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01004; Substituted HB 1193 -SJ 01004; Laid on Table, companion bill(s) passed, see HB 1193 (Ch. 2010-179) -SJ 01004 [S1932 Detail]
Download: Florida-2010-S1932-Introduced.html
Florida Senate - 2010 SB 1932 By Senator Altman 24-01473-10 20101932__ 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; providing a definition; prohibiting the 12 grant or creation of additional rights; providing 13 retroactive effect; providing 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;or58 (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 use, 124 the individual is able to perform the essential job functions 125 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 result 131 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 1.c., 147 that is required for qualification as a special risk member 148 under this paragraph is not required to be a position with 149 essential job functions that entitle an individual to special 150 risk membership. Whether a new position as described in sub 151 subparagraph 1.c. exists and is available to the special risk 152 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 the 162 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.
