Bill Text: FL S0672 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Appropriations [S0672 Detail]
Download: Florida-2013-S0672-Introduced.html
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Appropriations [S0672 Detail]
Download: Florida-2013-S0672-Introduced.html
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 Section 985.105, Florida Statutes, is repealed. 12 Section 2.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” includes22any member who is employed as a youth custody officer by the23Department of Juvenile Justice and meets the special criteria24set 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 as44a youth custody officer and be certified, or required to be45certified, in compliance with s.943.1395. In addition, the46member’s primary duties and responsibilities must be the47supervised custody, surveillance, control, investigation,48apprehension, arrest, and counseling of assigned juveniles49within 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.