Bill Text: FL S1518 | 2018 | Regular Session | Introduced
Bill Title: Special Risk Class of the Florida Retirement System
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S1518 Detail]
Download: Florida-2018-S1518-Introduced.html
Florida Senate - 2018 SB 1518 By Senator Rodriguez 37-00894A-18 20181518__ 1 A bill to be entitled 2 An act relating to the Special Risk Class of the 3 Florida Retirement System; amending s. 121.0515, F.S.; 4 adding to the class employees of a water, sewer, or 5 other public works department of a participating 6 employer who work in certain hazardous conditions and 7 individuals employed as police service aides; 8 providing a declaration of important state interest; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (h) of subsection (2), subsection (3), 14 and paragraph (d) of subsection (8) of section 121.0515, Florida 15 Statutes, are amended to read: 16 121.0515 Special Risk Class.— 17 (2) MEMBERSHIP.— 18 (h) Effective August 1, 2008, “special risk member” 19 includes any member who meets the special criteria for continued 20 membership set forth in paragraph (3)(l)(3)(j). 21 (3) CRITERIA.—A member, to be designated as a special risk 22 member, must meet the following criteria: 23 (a) Effective October 1, 1978, the member must be employed 24 as a law enforcement officer and be certified, or required to be 25 certified, in compliance with s. 943.1395, except that; however,26 sheriffs and elected police chiefs are not required to be 27 certifiedexcluded from meeting the certification requirements28of this paragraph. In addition, the member’s duties and 29 responsibilities must include the pursuit, apprehension, and 30 arrest of law violators or suspected law violators; or as of 31 July 1, 1982, the member must be an active member of a bomb 32 disposal unit whose primary responsibility is the location, 33 handling, and disposal of explosive devices; or the member must 34 be the supervisor or command officer of a member or members who 35 have such responsibilities. Administrative support personnel, 36 including, but not limited to, those whose primary duties and 37 responsibilities are in accounting, purchasing, legal, and 38 personnel, are not included; 39 (b) Effective October 1, 1978, the member must be employed 40 as a firefighter and be certified, or required to be certified, 41 in compliance with s. 633.408 and be employed solely within the 42 fire department of a local government employer or an agency of 43 state government with firefighting responsibilities. In 44 addition, the member’s duties and responsibilities must include 45 on-the-scene fighting of fires; as of October 1, 2001, fire 46 prevention or firefighter training; as of October 1, 2001, 47 direct supervision of firefighting units, fire prevention, or 48 firefighter training; or as of July 1, 2001, aerial firefighting 49 surveillance performed by fixed-wing aircraft pilots employed by 50 the Florida Forest Service of the Department of Agriculture and 51 Consumer Services; or the member must be the supervisor or 52 command officer of a member or members who have such 53 responsibilities. Administrative support personnel, including, 54 but not limited to, those whose primary duties and 55 responsibilities are in accounting, purchasing, legal, and 56 personnel, are not included. All periods of creditable service 57 in fire prevention or firefighter training, or as the supervisor 58 or command officer of a member or members who have such 59 responsibilities, and for which the employer paid the special 60 risk contribution rate, are included; 61 (c) Effective October 1, 1978, the member must be employed 62 as a correctional officer and be certified, or required to be 63 certified, in compliance with s. 943.1395. In addition, the 64 member’s primary duties and responsibilities must includebethe 65 custody, and physical restraint ifwhennecessary, of prisoners 66 or inmates within a prison, jail, or other criminal detention 67 facility, or while on work detail outside the facility, or while 68 being transported; or as of July 1, 1984, the member must be the 69 supervisor or command officer of a member or members who have 70 such responsibilities. Administrative support personnel, 71 including, but not limited to, those whose primary duties and 72 responsibilities are in accounting, purchasing, legal, and 73 personnel, are not included; however, wardens and assistant 74 wardens, as defined by rule, are included; 75 (d) Effective October 1, 1999, the member must be employed 76 by a licensed Advance Life Support (ALS) or Basic Life Support 77 (BLS) employer as an emergency medical technician or a paramedic 78 and be certified in compliance with s. 401.27. In addition, the 79 member’s primary duties and responsibilities must include on 80 the-scene emergency medical care or as of October 1, 2001, 81 direct supervision of emergency medical technicians or 82 paramedics, or the member must be the supervisor or command 83 officer of one or more members who have such responsibility. 84 Administrative support personnel, including, but not limited to, 85 those whose primary responsibilities are in accounting, 86 purchasing, legal, and personnel, are not included; 87 (e) Effective January 1, 2001, the member must be employed 88 as a community-based correctional probation officer and be 89 certified, or required to be certified, in compliance with s. 90 943.1395. In addition, the member’s primary duties and 91 responsibilities must be the supervised custody, surveillance, 92 control, investigation, and counseling of assigned inmates, 93 probationers, parolees, or community controllees within the 94 community; or the member must be the supervisor of a member or 95 members who have such responsibilities. Administrative support 96 personnel, including, but not limited to, those whose primary 97 duties and responsibilities are in accounting, purchasing, legal 98 services, and personnel management, are not included; however, 99 probation and parole circuit and deputy circuit administrators 100 are included; 101 (f) Effective January 1, 2001, the member must be employed 102 in one of the following classes and must spend at least 75 103 percent of his or her time performing duties thatwhichinvolve 104 contact with patients or inmates in a correctional or forensic 105 facility or institution: 106 1. Dietitian (class codes 5203 and 5204); 107 2. Public health nutrition consultant (class code 5224); 108 3. Psychological specialist (class codes 5230 and 5231); 109 4. Psychologist (class code 5234); 110 5. Senior psychologist (class codes 5237 and 5238); 111 6. Regional mental health consultant (class code 5240); 112 7. Psychological Services Director—DCF (class code 5242); 113 8. Pharmacist (class codes 5245 and 5246); 114 9. Senior pharmacist (class codes 5248 and 5249); 115 10. Dentist (class code 5266); 116 11. Senior dentist (class code 5269); 117 12. Registered nurse (class codes 5290 and 5291); 118 13. Senior registered nurse (class codes 5292 and 5293); 119 14. Registered nurse specialist (class codes 5294 and 120 5295); 121 15. Clinical associate (class codes 5298 and 5299); 122 16. Advanced registered nurse practitioner (class codes 123 5297 and 5300); 124 17. Advanced registered nurse practitioner specialist 125 (class codes 5304 and 5305); 126 18. Registered nurse supervisor (class codes 5306 and 127 5307); 128 19. Senior registered nurse supervisor (class codes 5308 129 and 5309); 130 20. Registered nursing consultant (class codes 5312 and 131 5313); 132 21. Quality management program supervisor (class code 133 5314); 134 22. Executive nursing director (class codes 5320 and 5321); 135 23. Speech and hearing therapist (class code 5406); or 136 24. Pharmacy manager (class code 5251); 137 (g) Effective October 1, 2005, through June 30, 2008, the 138 member must be employed by a law enforcement agency or medical 139 examiner’s office in a forensic discipline recognized by the 140 International Association for Identification and must qualify 141 for active membership in the International Association for 142 Identification. The member’s primary duties and responsibilities 143 must include the collection, examination, preservation, 144 documentation, preparation, or analysis of physical evidence or 145 testimony, or both, or the member must be the direct supervisor, 146 quality management supervisor, or command officer of one or more 147 individuals with such responsibility. Administrative support 148 personnel, including, but not limited to, those whose primary 149 responsibilities are clerical or in accounting, purchasing, 150 legal, and personnel, are not included; 151 (h) Effective July 1, 2008, the member must be employed by 152 the Department of Law Enforcement in the crime laboratory or by 153 the Division of State Fire Marshal in the forensic laboratory in 154 one of the following classes: 155 1. Forensic technologist (class code 8459); 156 2. Crime laboratory technician (class code 8461); 157 3. Crime laboratory analyst (class code 8463); 158 4. Senior crime laboratory analyst (class code 8464); 159 5. Crime laboratory analyst supervisor (class code 8466); 160 6. Forensic chief (class code 9602); or 161 7. Forensic services quality manager (class code 9603); 162 (i) Effective July 1, 2008, the member must be employed by 163 a local government law enforcement agency or medical examiner’s 164 office and must spend at least 65 percent of his or her time 165 performing duties that involve the collection, examination, 166 preservation, documentation, preparation, or analysis of human 167 tissues or fluids or physical evidence having potential 168 biological, chemical, or radiological hazard or contamination, 169 or use chemicals, processes, or materials that may have 170 carcinogenic or health-damaging properties in the analysis of 171 such evidence, or the member must be the direct supervisor of 172 one or more individuals having such responsibility. If a special 173 risk member changes to another position within the same agency, 174 he or she must submit a complete application as provided in 175 paragraph (4)(a);or176 (j) Effective July 1, 2018, the member must be employed in 177 a water, sewer, or other public works department of a 178 participating employer and must spend the majority of his or her 179 time performing duties that include working in hazardous 180 conditions, such as responding to a chemical release or spill; 181 working in a confined space with oxygen deficiencies and 182 poisonous gases; cutting cement pipes or materials containing 183 asbestos; pouring lead joints; performing work with toxic or 184 hazardous chemicals or toxic, hazardous, or industrial 185 wastewater requiring the use of an air respirator or a self 186 contained breathing apparatus; or performing work in a confined 187 space where there is a clear and present safety or health hazard 188 that poses an imminent risk to the life and safety of the 189 member; 190 (k) Effective January 1, 2019, the member must be employed 191 by a law enforcement agency as a police service aide whose 192 primary employment duties include providing support services to 193 law enforcement officers, including, but not limited to, 194 responding to emergency and nonemergency calls for service; or 195 (l) The member must have already qualified for and be 196 actively participating in special risk membership under 197 paragraph (a), paragraph (b), or paragraph (c), must have 198 suffered a qualifying injury as defined in this paragraph, must 199 not be receiving disability retirement benefits as provided in 200 s. 121.091(4), and must satisfy the requirements of this 201 paragraph. 202 1. The ability to qualify for the class of membership 203 defined in paragraph (2)(h) occurs when two licensed medical 204 physicians, one of whom is a primary treating physician of the 205 member, certify the existence of the physical injury and medical 206 condition that constitute a qualifying injury as defined in this 207 paragraph and that the member has reached maximum medical 208 improvement after August 1, 2008. The certifications from the 209 licensed medical physicians must include, at a minimum, that the 210 injury to the special risk member has resulted in a physical 211 loss, or loss of use, of at least two of the following: left 212 arm, right arm, left leg, or right leg; and that: 213 a. TheThat thisphysical loss or loss of use is total and 214 permanent, unlessexcept ifthe loss of use is due to a physical 215 injury to the member’s brain, in which event the loss of use is 216 permanent with at least 75 percent loss of motor function with 217 respect to each arm or leg affected. 218 b. TheThat thisphysical loss or loss of use renders the 219 member physically unable to perform the essential job functions 220 of his or her special risk position. 221 c.That,Notwithstanding this physical loss or loss of use, 222 the individual can perform the essential job functions required 223 by the member’s new position, as provided in subparagraph 3. 224 d. TheThatuse of artificial limbs is not possible or does 225 not alter the member’s ability to perform the essential job 226 functions of the member’s position. 227 e.ThatThe physical loss or loss of use is a direct result 228 of a physical injury and not a result of any mental, 229 psychological, or emotional injury. 230 2. For the purposes of this paragraph, the term “qualifying 231 injury” means an injury sustained in the line of duty, as 232 certified by the member’s employing agency, by a special risk 233 member that does not result in total and permanent disability as 234 defined in s. 121.091(4)(b). An injury is a qualifying injury if 235 the injury is a physical injury to the member’s physical body 236 resulting in a physical loss, or loss of use, of at least two of 237 the following: left arm, right arm, left leg, or right leg. 238 Notwithstanding any other provision of this section, an injury 239 that would otherwise qualify as a qualifying injury is not 240considereda qualifying injury if and when the member ceases 241 employment with the employer for whom he or she was providing 242 special risk services on the date the injury occurred. 243 3. The new position, as described in sub-subparagraph 1.c., 244 whichthatis required for qualification as a special risk 245 member under this paragraph is not required to be a position 246 with essential job functions that entitle an individual to 247 special risk membership. Whether a new position as described in 248 sub-subparagraph 1.c. exists and is available to the special 249 risk member is a decision to be made solely by the employer in 250 accordance with its hiring practices and applicable law. 251 4. This paragraph does not grant or create additional 252 rights for any individual to continued employment or to be hired 253 or rehired by his or her employer whichthatare not already 254 provided by state lawwithin the Florida Statutes, the State 255 Constitution, the Americans with Disabilities Act, if 256 applicable, or any otherapplicable state orfederal law. 257 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.— 258 (d) Notwithstanding any other provision of this subsection, 259 this subsection does not apply to any special risk member who 260 qualifies for continued membership pursuant to paragraph (3)(l) 261(3)(j). 262 Section 2. The Legislature finds that a proper and 263 legitimate state purpose is served when employees and retirees 264 of the state and its political subdivisions, and the dependents, 265 survivors, and beneficiaries of such employees and retirees, are 266 extended the basic protections afforded by governmental 267 retirement systems. These persons must be provided benefits that 268 are fair and adequate and are managed, administered, and funded 269 in an actuarially sound manner, as required by s. 14, Article X 270 of the State Constitution and part VII of chapter 112, Florida 271 Statutes. Therefore, the Legislature determines and declares 272 that this act fulfills an important state interest. 273 Section 3. This act shall take effect July 1, 2018.