Bill Text: FL S0560 | 2024 | Regular Session | Introduced
Bill Title: Special Risk Class
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Governmental Oversight and Accountability [S0560 Detail]
Download: Florida-2024-S0560-Introduced.html
Florida Senate - 2024 SB 560
By Senator Bradley
6-00851-24 2024560__
1 A bill to be entitled
2 An act relating to special risk class; amending s.
3 121.0515, F.S.; revising criteria for designation as a
4 member of the Special Risk Class of the Florida
5 Retirement System, as of a specified date; conforming
6 provisions to changes made by the act; reenacting ss.
7 121.021(12) and (15) and 121.122(3)(a), F.S., relating
8 to the definitions of the terms “member” and “special
9 risk member” or “Special Risk Class member,”
10 respectively, and to renewed membership in the Florida
11 Retirement System, to incorporate the amendments made
12 to s. 121.0515, F.S., in references thereto; providing
13 an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (h) of subsection (2), subsection (3),
18 and paragraph (d) of subsection (8) of section 121.0515, Florida
19 Statutes, are amended to read:
20 121.0515 Special Risk Class.—
21 (2) MEMBERSHIP.—
22 (h) Effective August 1, 2008, “special risk member”
23 includes any member who meets the special criteria for continued
24 membership set forth in paragraph (3)(k) (3)(j).
25 (3) CRITERIA.—A member, to be designated as a special risk
26 member, must meet the following criteria:
27 (a) Effective October 1, 1978, the member must be employed
28 as a law enforcement officer and be certified, or required to be
29 certified, in compliance with s. 943.1395; however, sheriffs and
30 elected police chiefs are excluded from meeting the
31 certification requirements of this paragraph. In addition, the
32 member’s duties and responsibilities must include the pursuit,
33 apprehension, and arrest of law violators or suspected law
34 violators; or as of July 1, 1982, the member must be an active
35 member of a bomb disposal unit whose primary responsibility is
36 the location, handling, and disposal of explosive devices; or
37 the member must be the supervisor or command officer of a member
38 or members who have such responsibilities. Administrative
39 support personnel, including, but not limited to, those whose
40 primary duties and responsibilities are in accounting,
41 purchasing, legal, and personnel, are not included;
42 (b) Effective October 1, 1978, the member must be employed
43 as a firefighter and be certified, or required to be certified,
44 in compliance with s. 633.408 and be employed solely within the
45 fire department of a local government employer or an agency of
46 state government with firefighting responsibilities. In
47 addition, the member’s duties and responsibilities must include
48 on-the-scene fighting of fires; as of October 1, 2001, fire
49 prevention or firefighter training; as of October 1, 2001,
50 direct supervision of firefighting units, fire prevention, or
51 firefighter training; or as of July 1, 2001, aerial firefighting
52 surveillance performed by fixed-wing aircraft pilots employed by
53 the Florida Forest Service of the Department of Agriculture and
54 Consumer Services; or the member must be the supervisor or
55 command officer of a member or members who have such
56 responsibilities. Administrative support personnel, including,
57 but not limited to, those whose primary duties and
58 responsibilities are in accounting, purchasing, legal, and
59 personnel, are not included. All periods of creditable service
60 in fire prevention or firefighter training, or as the supervisor
61 or command officer of a member or members who have such
62 responsibilities, and for which the employer paid the special
63 risk contribution rate, are included;
64 (c) Effective October 1, 1978, the member must be employed
65 as a correctional officer and be certified, or required to be
66 certified, in compliance with s. 943.1395. In addition, the
67 member’s primary duties and responsibilities must be the
68 custody, and physical restraint when necessary, of prisoners or
69 inmates within a prison, jail, or other criminal detention
70 facility, or while on work detail outside the facility, or while
71 being transported; or as of July 1, 1984, the member must be the
72 supervisor or command officer of a member or members who have
73 such responsibilities. Administrative support personnel,
74 including, but not limited to, those whose primary duties and
75 responsibilities are in accounting, purchasing, legal, and
76 personnel, are not included with the exception of those meeting
77 the criteria established in paragraph (j); however, wardens and
78 assistant 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 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 practice registered nurse (class codes 5297
127 and 5300);
128 17. Advanced practice registered nurse specialist (class
129 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); or
180 (j) Effective July 1, 2024, the member must be employed in
181 any of the following classes and must spend at least 75 percent
182 of his or her time performing duties that involve contact with
183 inmates:
184 1. Vocational instructor III - F/C (class code 1315).
185 2. Government analyst I (class code 2224), at a private
186 facility.
187 3. Government operations consultant II (class code 2236).
188 4. Library technical assistant I (class code 4303).
189 5. Engineering technician IV (class code 4612).
190 6. Wellness education specialist I - F/C (class code 5567).
191 7. Chaplain - F/C (class code 5819).
192 8. Senior chaplain F/C (class code 5823).
193 9. Counseling and social services supervisor I - F/C - SES
194 (class code 5947).
195 10. Social services counselor - F/C (class code 5960).
196 11. Staff interpreter/translator (class code 5988).
197 12. Instructional assistant I (class code 6071).
198 13. Utilities supervisor - HAC/UP - F/C - SES (class code
199 6352).
200 14. Maintenance and construction superintendent - SES
201 (class code 6387).
202 15. Plumber (class code 6441).
203 16. Master electrician (class code 6446).
204 17. Senior refrigeration mechanic (class code 6454).
205 18. Senior maintenance mechanic (class code 6467).
206 19. Maintenance mechanic - F/C (class code 6469).
207 20. Automotive equipment maintenance superintendent - SES
208 (class code 6542).
209 21. Electronic technician II (class code 7234).
210 22. Correctional probation senior officer - INSTITUTION
211 (class code 8041).
212 23. Classification officer (class code 8051).
213 24. Senior classification officer (class code 8052).
214 25. Classification supervisor (class code 8053).
215 26. Correctional services consultant (class code 8058),
216 assigned to a reception center.
217 27. Placement and transition specialist (class code 8081).
218 28. Education supervisor I - SES (class code 8082).
219 29. Education supervisor II - SES (class code 8083).
220 30. Vocational teacher - EJT (class code 8085).
221 31. Academic teacher (class code 8093).
222 32. Correctional programs consultant (class code 8094).
223 33. Special education teacher (class code 9095); or
224 (k) The member must have already qualified for and be
225 actively participating in special risk membership under
226 paragraph (a), paragraph (b), or paragraph (c), must have
227 suffered a qualifying injury as defined in this paragraph, must
228 not be receiving disability retirement benefits as provided in
229 s. 121.091(4), and must satisfy the requirements of this
230 paragraph.
231 1. The ability to qualify for the class of membership
232 defined in paragraph (2)(h) occurs when two licensed medical
233 physicians, one of whom is a primary treating physician of the
234 member, certify the existence of the physical injury and medical
235 condition that constitute a qualifying injury as defined in this
236 paragraph and that the member has reached maximum medical
237 improvement after August 1, 2008. The certifications from the
238 licensed medical physicians must include, at a minimum, that the
239 injury to the special risk member has resulted in a physical
240 loss, or loss of use, of at least two of the following: left
241 arm, right arm, left leg, or right leg; and:
242 a. That this physical loss or loss of use is total and
243 permanent, except if the loss of use is due to a physical injury
244 to the member’s brain, in which event the loss of use is
245 permanent with at least 75 percent loss of motor function with
246 respect to each arm or leg affected.
247 b. That this physical loss or loss of use renders the
248 member physically unable to perform the essential job functions
249 of his or her special risk position.
250 c. That, notwithstanding this physical loss or loss of use,
251 the individual can perform the essential job functions required
252 by the member’s new position, as provided in subparagraph 3.
253 d. That use of artificial limbs is not possible or does not
254 alter the member’s ability to perform the essential job
255 functions of the member’s position.
256 e. That the physical loss or loss of use is a direct result
257 of a physical injury and not a result of any mental,
258 psychological, or emotional injury.
259 2. For the purposes of this paragraph, “qualifying injury”
260 means an injury sustained in the line of duty, as certified by
261 the member’s employing agency, by a special risk member that
262 does not result in total and permanent disability as defined in
263 s. 121.091(4)(b). An injury is a qualifying injury if the injury
264 is a physical injury to the member’s physical body resulting in
265 a physical loss, or loss of use, of at least two of the
266 following: left arm, right arm, left leg, or right leg.
267 Notwithstanding any other provision of this section, an injury
268 that would otherwise qualify as a qualifying injury is not
269 considered a qualifying injury if and when the member ceases
270 employment with the employer for whom he or she was providing
271 special risk services on the date the injury occurred.
272 3. The new position, as described in sub-subparagraph 1.c.,
273 that is required for qualification as a special risk member
274 under this paragraph is not required to be a position with
275 essential job functions that entitle an individual to special
276 risk membership. Whether a new position as described in sub
277 subparagraph 1.c. exists and is available to the special risk
278 member is a decision to be made solely by the employer in
279 accordance with its hiring practices and applicable law.
280 4. This paragraph does not grant or create additional
281 rights for any individual to continued employment or to be hired
282 or rehired by his or her employer that are not already provided
283 within the Florida Statutes, the State Constitution, the
284 Americans with Disabilities Act, if applicable, or any other
285 applicable state or federal law.
286 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
287 (d) Notwithstanding any other provision of this subsection,
288 this subsection does not apply to any special risk member who
289 qualifies for continued membership pursuant to paragraph (3)(k)
290 (3)(j).
291 Section 2. For the purpose of incorporating the amendment
292 made by this act to section 121.0515, Florida Statutes, in
293 references thereto, subsections (12) and (15) of section
294 121.021, Florida Statutes, are reenacted to read:
295 121.021 Definitions.—The following words and phrases as
296 used in this chapter have the respective meanings set forth
297 unless a different meaning is plainly required by the context:
298 (12) “Member” means any officer or employee who is covered
299 or who becomes covered under this system in accordance with this
300 chapter. On and after December 1, 1970, all new members and
301 those members transferring from existing systems shall be
302 divided into the following classes: “Special Risk Class,” as
303 provided in s. 121.0515; “Special Risk Administrative Support
304 Class,” as provided in s. 121.0515(8); “Elected Officers’
305 Class,” as provided in s. 121.052; “Senior Management Service
306 Class,” as provided in s. 121.055; and “Regular Class,” which
307 consists of all members who are not in the Special Risk Class,
308 Special Risk Administrative Support Class, Elected Officers’
309 Class, or Senior Management Service Class.
310 (15) “Special risk member” or “Special Risk Class member”
311 means a member of the Florida Retirement System who meets the
312 eligibility and criteria required under s. 121.0515 for
313 participation in the Special Risk Class.
314 Section 3. For the purpose of incorporating the amendment
315 made by this act to section 121.0515, Florida Statutes, in
316 references thereto, paragraph (a) of subsection (3) of section
317 121.122, Florida Statutes, is reenacted to read:
318 121.122 Renewed membership in system.—
319 (3) A retiree of the investment plan, the State University
320 System Optional Retirement Program, the Senior Management
321 Service Optional Annuity Program, or the State Community College
322 System Optional Retirement Program who is reemployed with a
323 covered employer in a regularly established position on or after
324 July 1, 2017, shall be enrolled as a renewed member of the
325 investment plan unless employed in a position eligible for
326 participation in the State University System Optional Retirement
327 Program as provided in subsection (4) or the State Community
328 College System Optional Retirement Program as provided in
329 subsection (5). The renewed member must satisfy the vesting
330 requirements and other provisions of this chapter.
331 (a) A renewed member of the investment plan shall be
332 enrolled in one of the following membership classes:
333 1. In the Regular Class, if the position does not meet the
334 requirements for membership under s. 121.0515, s. 121.053, or s.
335 121.055.
336 2. In the Special Risk Class, if the position meets the
337 requirements of s. 121.0515.
338 3. In the Elected Officers’ Class, if the position meets
339 the requirements of s. 121.053.
340 4. In the Senior Management Service Class, if the position
341 meets the requirements of s. 121.055.
342 Section 4. This act shall take effect July 1, 2024.
