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 Section 945.75, Florida Statutes, is repealed.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 Section 985.105, Florida Statutes, is repealed.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” includes
   28  any member who is employed as a youth custody officer by the
   29  Department of Juvenile Justice and meets the special criteria
   30  set 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 as
   50  a youth custody officer and be certified, or required to be
   51  certified, in compliance with s. 943.1395. In addition, the
   52  member’s primary duties and responsibilities must be the
   53  supervised custody, surveillance, control, investigation,
   54  apprehension, arrest, and counseling of assigned juveniles
   55  within 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.