Bill Text: FL S1518 | 2021 | Regular Session | Introduced
Bill Title: Special Risk Class of the Florida Retirement System
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Governmental Oversight and Accountability [S1518 Detail]
Download: Florida-2021-S1518-Introduced.html
Florida Senate - 2021 SB 1518 By Senator Book 32-01699-21 20211518__ 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 certain employees of specified state hospitals 5 and other facilities who spend a certain amount of 6 time performing duties that involve contact with 7 patients or inmates to the Special Risk Class of the 8 Florida Retirement System; providing a declaration of 9 important state interest; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (3) of section 121.0515, Florida 14 Statutes, is amended, and paragraph (i) is added to subsection 15 (2) of that section, to read: 16 121.0515 Special Risk Class.— 17 (2) MEMBERSHIP.— 18 (i) Effective July 1, 2021, “special risk member” includes 19 a member who meets the special criteria set forth in paragraph 20 (3)(k) and is employed by the Florida State Hospital; the 21 Northeast Florida State Hospital; a developmental disability 22 center, including Sunland Center in Marianna, the Developmental 23 Disabilities Defendant Program in Chattahoochee, and Tacachale 24 in Gainesville; or the North Florida Evaluation and Treatment 25 Center. 26 (3) CRITERIA.—A member, to be designated as a special risk 27 member, must meet the following criteria: 28 (a) Effective October 1, 1978, the member must be employed 29 as a law enforcement officer and be certified, or required to be 30 certified, in compliance with s. 943.1395, except that; however,31 sheriffs and elected police chiefs are not required to be 32 certifiedexcluded from meeting the certification requirements33of this paragraph. In addition, the member’s duties and 34 responsibilities must include the pursuit, apprehension, and 35 arrest of law violators or suspected law violators; or as of 36 July 1, 1982, the member must be an active member of a bomb 37 disposal unit whose primary responsibility is the location, 38 handling, and disposal of explosive devices; or the member must 39 be the supervisor or command officer of a member or members who 40 have such responsibilities. Administrative support personnel, 41 including, but not limited to, those whose primary duties and 42 responsibilities are in accounting, purchasing, legal, and 43 personnel, are not included; 44 (b) Effective October 1, 1978, the member must be employed 45 as a firefighter and be certified, or required to be certified, 46 in compliance with s. 633.408 and be employed solely within the 47 fire department of a local government employer or an agency of 48 state government with firefighting responsibilities. In 49 addition, the member’s duties and responsibilities must include 50 on-the-scene fighting of fires; as of October 1, 2001, fire 51 prevention or firefighter training; as of October 1, 2001, 52 direct supervision of firefighting units, fire prevention, or 53 firefighter training; or as of July 1, 2001, aerial firefighting 54 surveillance performed by fixed-wing aircraft pilots employed by 55 the Florida Forest Service of the Department of Agriculture and 56 Consumer Services; or the member must be the supervisor or 57 command officer of a member or members who have such 58 responsibilities. Administrative support personnel, including, 59 but not limited to, those whose primary duties and 60 responsibilities are in accounting, purchasing, legal, and 61 personnel, are not included. All periods of creditable service 62 in fire prevention or firefighter training, or as the supervisor 63 or command officer of a member or members who have such 64 responsibilities, and for which the employer paid the special 65 risk contribution rate, are included; 66 (c) Effective October 1, 1978, the member must be employed 67 as a correctional officer and be certified, or required to be 68 certified, in compliance with s. 943.1395. In addition, the 69 member’s primary duties and responsibilities must includebethe 70 custody, and physical restraint ifwhennecessary, of prisoners 71 or inmates within a prison, jail, or other criminal detention 72 facility, or while on work detail outside the facility, or while 73 being transported; or as of July 1, 1984, the member must be the 74 supervisor or command officer of a member or members who have 75 such responsibilities. Administrative support personnel, 76 including, but not limited to, those whose primary duties and 77 responsibilities are in accounting, purchasing, legal, and 78 personnel, are not included; however, wardens and assistant 79 wardens, as defined by rule, are included; 80 (d) Effective October 1, 1999, the member must be employed 81 by a licensed Advance Life Support (ALS) or Basic Life Support 82 (BLS) employer as an emergency medical technician or a paramedic 83 and be certified in compliance with s. 401.27. In addition, the 84 member’s primary duties and responsibilities must include on 85 the-scene emergency medical care or as of October 1, 2001, 86 direct supervision of emergency medical technicians or 87 paramedics, or the member must be the supervisor or command 88 officer of one or more members who have such responsibility. 89 Administrative support personnel, including, but not limited to, 90 those whose primary responsibilities are in accounting, 91 purchasing, legal, and personnel, are not included; 92 (e) Effective January 1, 2001, the member must be employed 93 as a community-based correctional probation officer and be 94 certified, or required to be certified, in compliance with s. 95 943.1395. In addition, the member’s primary duties and 96 responsibilities must be the supervised custody, surveillance, 97 control, investigation, and counseling of assigned inmates, 98 probationers, parolees, or community controllees within the 99 community; or the member must be the supervisor of a member or 100 members who have such responsibilities. Administrative support 101 personnel, including, but not limited to, those whose primary 102 duties and responsibilities are in accounting, purchasing, legal 103 services, and personnel management, are not included; however, 104 probation and parole circuit and deputy circuit administrators 105 are included; 106 (f) Effective January 1, 2001, the member must be employed 107 in one of the following classes and must spend at least 75 108 percent of his or her time performing duties thatwhichinvolve 109 contact with patients or inmates in a correctional or forensic 110 facility or institution: 111 1. Dietitian (class codes 5203 and 5204); 112 2. Public health nutrition consultant (class code 5224); 113 3. Psychological specialist (class codes 5230 and 5231); 114 4. Psychologist (class code 5234); 115 5. Senior psychologist (class codes 5237 and 5238); 116 6. Regional mental health consultant (class code 5240); 117 7. Psychological Services Director—DCF (class code 5242); 118 8. Pharmacist (class codes 5245 and 5246); 119 9. Senior pharmacist (class codes 5248 and 5249); 120 10. Dentist (class code 5266); 121 11. Senior dentist (class code 5269); 122 12. Registered nurse (class codes 5290 and 5291); 123 13. Senior registered nurse (class codes 5292 and 5293); 124 14. Registered nurse specialist (class codes 5294 and 125 5295); 126 15. Clinical associate (class codes 5298 and 5299); 127 16. Advanced practice registered nurse (class codes 5297 128 and 5300); 129 17. Advanced practice registered nurse specialist (class 130 codes 5304 and 5305); 131 18. Registered nurse supervisor (class codes 5306 and 132 5307); 133 19. Senior registered nurse supervisor (class codes 5308 134 and 5309); 135 20. Registered nursing consultant (class codes 5312 and 136 5313); 137 21. Quality management program supervisor (class code 138 5314); 139 22. Executive nursing director (class codes 5320 and 5321); 140 23. Speech and hearing therapist (class code 5406); or 141 24. Pharmacy manager (class code 5251); 142 (g) Effective October 1, 2005, through June 30, 2008, the 143 member must be employed by a law enforcement agency or medical 144 examiner’s office in a forensic discipline recognized by the 145 International Association for Identification and must qualify 146 for active membership in the International Association for 147 Identification. The member’s primary duties and responsibilities 148 must include the collection, examination, preservation, 149 documentation, preparation, or analysis of physical evidence or 150 testimony, or both, or the member must be the direct supervisor, 151 quality management supervisor, or command officer of one or more 152 individuals with such responsibility. Administrative support 153 personnel, including, but not limited to, those whose primary 154 responsibilities are clerical or in accounting, purchasing, 155 legal, and personnel, are not included; 156 (h) Effective July 1, 2008, the member must be employed by 157 the Department of Law Enforcement in the crime laboratory or by 158 the Division of State Fire Marshal in the forensic laboratory in 159 one of the following classes: 160 1. Forensic technologist (class code 8459); 161 2. Crime laboratory technician (class code 8461); 162 3. Crime laboratory analyst (class code 8463); 163 4. Senior crime laboratory analyst (class code 8464); 164 5. Crime laboratory analyst supervisor (class code 8466); 165 6. Forensic chief (class code 9602); or 166 7. Forensic services quality manager (class code 9603); 167 (i) Effective July 1, 2008, the member must be employed by 168 a local government law enforcement agency or medical examiner’s 169 office and must spend at least 65 percent of his or her time 170 performing duties that involve the collection, examination, 171 preservation, documentation, preparation, or analysis of human 172 tissues or fluids or physical evidence having potential 173 biological, chemical, or radiological hazard or contamination, 174 or use chemicals, processes, or materials that may have 175 carcinogenic or health-damaging properties in the analysis of 176 such evidence, or the member must be the direct supervisor of 177 one or more individuals having such responsibility. If a special 178 risk member changes to another position within the same agency, 179 he or she must submit a complete application as provided in 180 paragraph (4)(a);or181 (j) The member must have already qualified for and be 182 actively participating in special risk membership under 183 paragraph (a), paragraph (b), or paragraph (c), must have 184 suffered a qualifying injury as defined in this paragraph, must 185 not be receiving disability retirement benefits as provided in 186 s. 121.091(4), and must satisfy the requirements of this 187 paragraph. 188 1. The ability to qualify for the class of membership 189 defined in paragraph (2)(h) occurs when two licensed medical 190 physicians, one of whom is a primary treating physician of the 191 member, certify the existence of the physical injury and medical 192 condition that constitute a qualifying injury as defined in this 193 paragraph and that the member has reached maximum medical 194 improvement after August 1, 2008. The certifications from the 195 licensed medical physicians must include, at a minimum, that the 196 injury to the special risk member has resulted in a physical 197 loss, or loss of use, of at least two of the following: left 198 arm, right arm, left leg, or right leg; and that: 199 a. TheThat thisphysical loss or loss of use is total and 200 permanent, unlessexcept ifthe loss of use is due to a physical 201 injury to the member’s brain, in which event the loss of use is 202 permanent with at least 75 percent loss of motor function with 203 respect to each arm or leg affected. 204 b. TheThat thisphysical loss or loss of use renders the 205 member physically unable to perform the essential job functions 206 of his or her special risk position. 207 c.That,Notwithstanding this physical loss or loss of use, 208 the individual can perform the essential job functions required 209 by the member’s new position, as provided in subparagraph 3. 210 d.ThatUse of artificial limbs is not possible or does not 211 alter the member’s ability to perform the essential job 212 functions of the member’s position. 213 e.ThatThe physical loss or loss of use is a direct result 214 of a physical injury and not a result of any mental, 215 psychological, or emotional injury. 216 2. For the purposes of this paragraph, “qualifying injury” 217 means an injury sustained in the line of duty, as certified by 218 the member’s employing agency, by a special risk member which 219thatdoes not result in total and permanent disability as 220 defined in s. 121.091(4)(b). An injury is a qualifying injury if 221 the injury is a physical injury to the member’s physical body 222 resulting in a physical loss, or loss of use, of at least two of 223 the following: left arm, right arm, left leg, or right leg. 224 Notwithstanding any other provision of this section, an injury 225 that would otherwise qualify as a qualifying injury is not 226considereda qualifying injury if and when the member ceases 227 employment with the employer for whom he or she was providing 228 special risk services on the date the injury occurred. 229 3. The new position, as described in sub-subparagraph 1.c., 230 whichthatis required for qualification as a special risk 231 member under this paragraph is not required to be a position 232 with essential job functions that entitle an individual to 233 special risk membership. Whether a new position as described in 234 sub-subparagraph 1.c. exists and is available to the special 235 risk member is a decision to be made solely by the employer in 236 accordance with its hiring practices and applicable law. 237 4. This paragraph does not grant or create additional 238 rights for any individual to continued employment or to be hired 239 or rehired by his or her employer whichthatare not already 240 provided by general lawwithin the Florida Statutes, the State 241 Constitution, the Americans with Disabilities Act, if 242 applicable, or any otherapplicable state orfederal law; or 243 (k) Effective July 1, 2021, the member must be employed in 244 one of the following classes and must spend at least 75 percent 245 of his or her time performing duties that involve contact with 246 patients or inmates at the Florida State Hospital; the Northeast 247 Florida State Hospital; a developmental disability center, 248 including Sunland Center in Marianna, the Developmental 249 Disabilities Defendant Program in Chattahoochee, and Tacachale 250 in Gainesville; or the North Florida Evaluation and Treatment 251 Center: 252 1. Abuse registry counselor (class code 5961). 253 2. Barber or beautician (class codes 6201, 6205, and 6206). 254 3. Behavioral program associate (class codes 5750 and 255 5762). 256 4. Behavioral program specialist (class codes 5751 and 257 5763). 258 5. Certified radiologic technologist (class codes 5523, 259 5524, 5527, and 5528). 260 6. Chaplain (class codes 5819 and 5820). 261 7. Child protective field support consultant (class code 262 8374). 263 8. Child protective investigator (class code 8371). 264 9. Children, youth, and families counselor (class code 265 5954). 266 10. Classroom teacher (class codes 4144 and 4147). 267 11. Custodial worker (class codes 6511 and 6526). 268 12. Dental assistant (class codes 5632 and 5633). 269 13. Dental hygienist (class code 5641). 270 14. Dental technician (class code 5644). 271 15. Dietetic technician (class code 5594). 272 16. Direct services aide (class code 5702). 273 17. Education and training specialist (class code 1328). 274 18. Food control specialist (class code 6217). 275 19. Food support worker (class code 6213). 276 20. Health support aide (class codes 5504 and 5505). 277 21. Human services counselor (class codes 5934, 5936, 5937, 278 5940, and 5941). 279 22. Human services program specialist (class code 5877). 280 23. Human services worker (class codes 5706, 5709, 5781, 281 and 5784). 282 24. Librarian (class code 4315). 283 25. Librarian specialist (class codes 4318 and 4319). 284 26. Licensed practical nurse (class code 5599). 285 27. Pharmacy technician (class codes 5500 and 5501). 286 28. Rehabilitation therapist (class codes 5562 and 5563). 287 29. Residential unit specialist (class code 5736). 288 30. Senior chaplain (class code 5823). 289 31. Senior licensed practical nurse (class codes 5597 and 290 5600). 291 32. Social services counselor (class codes 5953 and 5960). 292 33. Storekeeper (class codes 0918, 0921, and 0922). 293 34. Teacher aide (class codes 4133 and 4142). 294 35. Therapy aide (class codes 5556 and 5557). 295 36. Training specialist (class codes 1322 and 1324). 296 37. Unit treatment and rehab specialist (class codes 5776 297 and 5791). 298 38. Vocational instructor (class codes 1309, 1310, 1311, 299 1312, 1313, and 1315). 300 39. Volunteer services center specialist (class code 6000). 301 40. Volunteer services specialist (class code 5997). 302 Section 2. The Legislature finds that a proper and 303 legitimate state purpose is served when employees and retirees 304 of the state and its political subdivisions, and the dependents, 305 survivors, and beneficiaries of such employees and retirees, are 306 extended the basic protections afforded by governmental 307 retirement systems. These persons must be provided benefits that 308 are fair and adequate and are managed, administered, and funded 309 in an actuarially sound manner, as required by s. 14, Article X 310 of the State Constitution and part VII of chapter 112, Florida 311 Statutes. Therefore, the Legislature determines and declares 312 that this act fulfills an important state interest. 313 Section 3. This act shall take effect July 1, 2021.