Bill Text: FL S0672 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2013 CS for SB 672 By the Committee on Criminal Justice; and Senator Evers 591-02197-13 2013672c1 1 A bill to be entitled 2 An act relating to juvenile justice; repealing s. 3 945.75, F.S.; deleting a requirement that the 4 Department of Corrections and counties develop 5 programs under which a judge may order juveniles who 6 have committed delinquent acts to tour correctional 7 facilities; repealing s. 985.105, F.S., relating to 8 the creation, duties, and qualifications of the youth 9 custody officer position within the Department of 10 Juvenile Justice; amending s. 121.0515, F.S.; 11 conforming provisions to changes made by the act; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 945.75, Florida Statutes, is repealed. 17 Section 2. Section 985.105, Florida Statutes, is repealed. 18 Section 3. Paragraphs (h) through (k) of subsection (3) of 19 section 121.0515, Florida Statutes, are redesignated as 20 paragraphs (g) through (j) of that subsection, respectively, and 21 paragraphs (e) through (i) of subsection (2), present paragraphs 22 (g) and (k) of subsection (3), paragraph (b) of subsection (5), 23 paragraph (d) of subsection (8), and paragraph (c) of subsection 24 (10) of that section are amended to read: 25 121.0515 Special Risk Class.— 26 (2) MEMBERSHIP.— 27(e) Effective July 1, 2001, “special risk member” includes28any member who is employed as a youth custody officer by the29Department of Juvenile Justice and meets the special criteria30set forth in paragraph (3)(g).31 (e)(f)Effective October 1, 2005, through June 30, 2008, 32 the member must be employed by a law enforcement agency or 33 medical examiner’s office in a forensic discipline and meet the 34 special criteria set forth in paragraph (3)(g)(3)(h). 35 (f)(g)Effective July 1, 2008, the member must be employed 36 by the Department of Law Enforcement in the crime laboratory or 37 by the Division of State Fire Marshal in the forensic laboratory 38 and meet the special criteria set forth in paragraph (3)(h) 39(3)(i). 40 (g)(h)Effective July 1, 2008, the member must be employed 41 by a local government law enforcement agency or medical 42 examiner’s office and meet the special criteria set forth in 43 paragraph (3)(i)(3)(j). 44 (h)(i)Effective August 1, 2008, “special risk member” 45 includes any member who meets the special criteria for continued 46 membership set forth in paragraph (3)(j)(3)(k). 47 (3) CRITERIA.—A member, to be designated as a special risk 48 member, must meet the following criteria: 49(g) Effective July 1, 2001, the member must be employed as50a youth custody officer and be certified, or required to be51certified, in compliance with s.943.1395. In addition, the52member’s primary duties and responsibilities must be the53supervised custody, surveillance, control, investigation,54apprehension, arrest, and counseling of assigned juveniles55within the community;56 (j)(k)The member must have already qualified for and be 57 actively participating in special risk membership under 58 paragraph (a), paragraph (b), or paragraph (c), must have 59 suffered a qualifying injury as defined in this paragraph, must 60 not be receiving disability retirement benefits as provided in 61 s. 121.091(4), and must satisfy the requirements of this 62 paragraph. 63 1. The ability to qualify for the class of membership 64 defined in paragraph (2)(h)(2)(i)occurs when two licensed 65 medical physicians, one of whom is a primary treating physician 66 of the member, certify the existence of the physical injury and 67 medical condition that constitute a qualifying injury as defined 68 in this paragraph and that the member has reached maximum 69 medical improvement after August 1, 2008. The certifications 70 from the licensed medical physicians must include, at a minimum, 71 that the injury to the special risk member has resulted in a 72 physical loss, or loss of use, of at least two of the following: 73 left arm, right arm, left leg, or right leg; and: 74 a. That this physical loss or loss of use is total and 75 permanent, except in the event that the loss of use is due to a 76 physical injury to the member’s brain, in which event the loss 77 of use is permanent with at least 75 percent loss of motor 78 function with respect to each arm or leg affected. 79 b. That this physical loss or loss of use renders the 80 member physically unable to perform the essential job functions 81 of his or her special risk position. 82 c. That, notwithstanding this physical loss or loss of use, 83 the individual is able to perform the essential job functions 84 required by the member’s new position, as provided in 85 subparagraph 3. 86 d. That use of artificial limbs is either not possible or 87 does not alter the member’s ability to perform the essential job 88 functions of the member’s position. 89 e. That the physical loss or loss of use is a direct result 90 of a physical injury and not a result of any mental, 91 psychological, or emotional injury. 92 2. For the purposes of this paragraph, “qualifying injury” 93 means an injury sustained in the line of duty, as certified by 94 the member’s employing agency, by a special risk member that 95 does not result in total and permanent disability as defined in 96 s. 121.091(4)(b). An injury is a qualifying injury if the injury 97 is a physical injury to the member’s physical body resulting in 98 a physical loss, or loss of use, of at least two of the 99 following: left arm, right arm, left leg, or right leg. 100 Notwithstanding any other provision of this section, an injury 101 that would otherwise qualify as a qualifying injury is not 102 considered a qualifying injury if and when the member ceases 103 employment with the employer for whom he or she was providing 104 special risk services on the date the injury occurred. 105 3. The new position, as described in sub-subparagraph 1.c., 106 that is required for qualification as a special risk member 107 under this paragraph is not required to be a position with 108 essential job functions that entitle an individual to special 109 risk membership. Whether a new position as described in sub 110 subparagraph 1.c. exists and is available to the special risk 111 member is a decision to be made solely by the employer in 112 accordance with its hiring practices and applicable law. 113 4. This paragraph does not grant or create additional 114 rights for any individual to continued employment or to be hired 115 or rehired by his or her employer that are not already provided 116 within the Florida Statutes, the State Constitution, the 117 Americans with Disabilities Act, if applicable, or any other 118 applicable state or federal law. 119 (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.— 120 (b) Any member who is a special risk member on July 1, 121 2008, and who became eligible to participate under paragraph 122 (3)(g)(3)(h)but fails to meet the criteria for Special Risk 123 Class membership established by paragraph (3)(h)(3)(i)or 124 paragraph (3)(i)(3)(j)shall have his or her special risk 125 designation removed and thereafter shall be a Regular Class 126 member and earn only Regular Class membership credit. The 127 department may review the special risk designation of members to 128 determine whether or not those members continue to meet the 129 criteria for Special Risk Class membership. 130 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.— 131 (d) Notwithstanding any other provision of this subsection, 132 this subsection does not apply to any special risk member who 133 qualifies for continued membership pursuant to paragraph (3)(j) 134(3)(k). 135 (10) CREDIT FOR UPGRADED SERVICE.— 136 (c) Any member of the Special Risk Class who has earned 137 creditable service through June 30, 2008, in another membership 138 class of the Florida Retirement System in a position with the 139 Department of Law Enforcement or the Division of State Fire 140 Marshal and became covered by the Special Risk Class as 141 described in paragraph (3)(h)(3)(i), or with a local government 142 law enforcement agency or medical examiner’s office and became 143 covered by the Special Risk Class as described in paragraph 144 (3)(i)(3)(j), which service is within the purview of the 145 Special Risk Class, and is employed in such position on or after 146 July 1, 2008, may purchase additional retirement credit to 147 upgrade such service to Special Risk Class service, to the 148 extent of the percentages of the member’s average final 149 compensation provided in s. 121.091(1)(a)2. The cost for such 150 credit must be an amount representing the actuarial accrued 151 liability for the difference in accrual value during the 152 affected period of service. The cost shall be calculated using 153 the discount rate and other relevant actuarial assumptions that 154 were used to value the Florida Retirement System Pension Plan 155 liabilities in the most recent actuarial valuation. The division 156 shall ensure that the transfer sum is prepared using a formula 157 and methodology certified by an enrolled actuary. The cost must 158 be paid immediately upon notification by the division. The local 159 government employer may purchase the upgraded service credit on 160 behalf of the member if the member has been employed by that 161 employer for at least 3 years. 162 Section 4. This act shall take effect July 1, 2013.