Florida Senate - 2014                                     SB 748
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00666-14                                            2014748__
    1                        A bill to be entitled                      
    2         An act relating to the special risk class; amending s.
    3         121.0515, F.S.; adding certified 911 public safety
    4         telecommunicators to the class; providing that such
    5         telecommunicators are not eligible for a certain
    6         adjustment in his or her monthly retirement benefit;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 121.0515, Florida
   12  Statutes, is amended to read:
   13         121.0515 Special Risk Class.—
   14         (3) CRITERIA.—A member, to be designated as a special risk
   15  member, must meet the following criteria:
   16         (a) Effective October 1, 1978, the member must be employed
   17  as a law enforcement officer and be certified, or required to be
   18  certified, in compliance with s. 943.1395, except that; however,
   19  sheriffs and elected police chiefs are not required to be
   20  certified excluded from meeting the certification requirements
   21  of this paragraph. In addition, the member’s duties and
   22  responsibilities must include the pursuit, apprehension, and
   23  arrest of law violators or suspected law violators; or as of
   24  July 1, 1982, the member must be an active member of a bomb
   25  disposal unit whose primary responsibility is the location,
   26  handling, and disposal of explosive devices; or the member must
   27  be the supervisor or command officer of a member or members who
   28  have such responsibilities. Administrative support personnel,
   29  including, but not limited to, those whose primary duties and
   30  responsibilities are in accounting, purchasing, legal, and
   31  personnel, are not included;
   32         (b) Effective October 1, 1978, the member must be employed
   33  as a firefighter and be certified, or required to be certified,
   34  in compliance with s. 633.408 and be employed solely within the
   35  fire department of a local government employer or an agency of
   36  state government with firefighting responsibilities. In
   37  addition, the member’s duties and responsibilities must include
   38  on-the-scene fighting of fires; as of October 1, 2001, fire
   39  prevention or firefighter training; as of October 1, 2001,
   40  direct supervision of firefighting units, fire prevention, or
   41  firefighter training; or as of July 1, 2001, aerial firefighting
   42  surveillance performed by fixed-wing aircraft pilots employed by
   43  the Florida Forest Service of the Department of Agriculture and
   44  Consumer Services; or the member must be the supervisor or
   45  command officer of a member or members who have such
   46  responsibilities. Administrative support personnel, including,
   47  but not limited to, those whose primary duties and
   48  responsibilities are in accounting, purchasing, legal, and
   49  personnel, are not included. All periods of creditable service
   50  in fire prevention or firefighter training, or as the supervisor
   51  or command officer of a member or members who have such
   52  responsibilities, and for which the employer paid the special
   53  risk contribution rate, are included. Administrative support
   54  personnel, including, but not limited to, those whose primary
   55  duties and responsibilities are in accounting, purchasing,
   56  legal, and personnel, are not included;
   57         (c) Effective October 1, 1978, the member must be employed
   58  as a correctional officer and be certified, or required to be
   59  certified, in compliance with s. 943.1395. In addition, the
   60  member’s primary duties and responsibilities must include be the
   61  custody, and physical restraint if when necessary, of prisoners
   62  or inmates within a prison, jail, or other criminal detention
   63  facility, or while on work detail outside the facility, or while
   64  being transported; or as of July 1, 1984, the member must be the
   65  supervisor or command officer of a member or members who have
   66  such responsibilities. Administrative support personnel,
   67  including, but not limited to, those whose primary duties and
   68  responsibilities are in accounting, purchasing, legal, and
   69  personnel, are not included; however, wardens and assistant
   70  wardens, as defined by rule, are included;
   71         (d) Effective October 1, 1999, the member must be employed
   72  by a licensed Advance Life Support (ALS) or Basic Life Support
   73  (BLS) employer as an emergency medical technician or a paramedic
   74  and be certified in compliance with s. 401.27. In addition, the
   75  member’s primary duties and responsibilities must include on
   76  the-scene emergency medical care or as of October 1, 2001,
   77  direct supervision of emergency medical technicians or
   78  paramedics, or the member must be the supervisor or command
   79  officer of one or more members who have such responsibility.
   80  Administrative support personnel, including, but not limited to,
   81  those whose primary responsibilities are in accounting,
   82  purchasing, legal, and personnel, are not included;
   83         (e) Effective January 1, 2001, the member must be employed
   84  as a community-based correctional probation officer and be
   85  certified, or required to be certified, in compliance with s.
   86  943.1395. In addition, the member’s primary duties and
   87  responsibilities must be the supervised custody, surveillance,
   88  control, investigation, and counseling of assigned inmates,
   89  probationers, parolees, or community controllees within the
   90  community; or the member must be the supervisor of a member or
   91  members who have such responsibilities. Administrative support
   92  personnel, including, but not limited to, those whose primary
   93  duties and responsibilities are in accounting, purchasing, legal
   94  services, and personnel management, are not included; however,
   95  probation and parole circuit and deputy circuit administrators
   96  are included;
   97         (f) Effective January 1, 2001, the member must be employed
   98  in one of the following classes and must spend at least 75
   99  percent of his or her time performing duties that which involve
  100  contact with patients or inmates in a correctional or forensic
  101  facility or institution:
  102         1. Dietitian (class codes 5203 and 5204);
  103         2. Public health nutrition consultant (class code 5224);
  104         3. Psychological specialist (class codes 5230 and 5231);
  105         4. Psychologist (class code 5234);
  106         5. Senior psychologist (class codes 5237 and 5238);
  107         6. Regional mental health consultant (class code 5240);
  108         7. Psychological Services Director—DCF (class code 5242);
  109         8. Pharmacist (class codes 5245 and 5246);
  110         9. Senior pharmacist (class codes 5248 and 5249);
  111         10. Dentist (class code 5266);
  112         11. Senior dentist (class code 5269);
  113         12. Registered nurse (class codes 5290 and 5291);
  114         13. Senior registered nurse (class codes 5292 and 5293);
  115         14. Registered nurse specialist (class codes 5294 and
  116  5295);
  117         15. Clinical associate (class codes 5298 and 5299);
  118         16. Advanced registered nurse practitioner (class codes
  119  5297 and 5300);
  120         17. Advanced registered nurse practitioner specialist
  121  (class codes 5304 and 5305);
  122         18. Registered nurse supervisor (class codes 5306 and
  123  5307);
  124         19. Senior registered nurse supervisor (class codes 5308
  125  and 5309);
  126         20. Registered nursing consultant (class codes 5312 and
  127  5313);
  128         21. Quality management program supervisor (class code
  129  5314);
  130         22. Executive nursing director (class codes 5320 and 5321);
  131         23. Speech and hearing therapist (class code 5406); or
  132         24. Pharmacy manager (class code 5251);
  133         (g) Effective July 1, 2001, the member must be employed as
  134  a youth custody officer and be certified, or required to be
  135  certified, in compliance with s. 943.1395. In addition, the
  136  member’s primary duties and responsibilities must be the
  137  supervised custody, surveillance, control, investigation,
  138  apprehension, arrest, and counseling of assigned juveniles
  139  within the community;
  140         (h) Effective October 1, 2005, through June 30, 2008, the
  141  member must be employed by a law enforcement agency or medical
  142  examiner’s office in a forensic discipline recognized by the
  143  International Association for Identification and must qualify
  144  for active membership in the International Association for
  145  Identification. The member’s primary duties and responsibilities
  146  must include the collection, examination, preservation,
  147  documentation, preparation, or analysis of physical evidence or
  148  testimony, or both, or the member must be the direct supervisor,
  149  quality management supervisor, or command officer of one or more
  150  individuals with such responsibility. Administrative support
  151  personnel, including, but not limited to, those whose primary
  152  responsibilities are clerical or in accounting, purchasing,
  153  legal, and personnel, are not included;
  154         (i) Effective July 1, 2008, the member must be employed by
  155  the Department of Law Enforcement in the crime laboratory or by
  156  the Division of State Fire Marshal in the forensic laboratory in
  157  one of the following classes:
  158         1. Forensic technologist (class code 8459);
  159         2. Crime laboratory technician (class code 8461);
  160         3. Crime laboratory analyst (class code 8463);
  161         4. Senior crime laboratory analyst (class code 8464);
  162         5. Crime laboratory analyst supervisor (class code 8466);
  163         6. Forensic chief (class code 9602); or
  164         7. Forensic services quality manager (class code 9603);
  165         (j) Effective July 1, 2008, the member must be employed by
  166  a local government law enforcement agency or medical examiner’s
  167  office and must spend at least 65 percent of his or her time
  168  performing duties that involve the collection, examination,
  169  preservation, documentation, preparation, or analysis of human
  170  tissues or fluids or physical evidence having potential
  171  biological, chemical, or radiological hazard or contamination,
  172  or use chemicals, processes, or materials that may have
  173  carcinogenic or health-damaging properties in the analysis of
  174  such evidence, or the member must be the direct supervisor of
  175  one or more individuals having such responsibility. If a special
  176  risk member changes to another position within the same agency,
  177  he or she must submit a complete application as provided in
  178  paragraph (4)(a);
  179         (k)Effective July 1, 2015, the member must be employed as
  180  a 911 public safety telecommunicator certified under s. 401.465.
  181  However, such telecommunicators are not eligible for the
  182  adjustment in the monthly retirement benefit provided pursuant
  183  to s. 121.091(1)(a)2.; or
  184         (l)(k) The member must have already qualified for and be
  185  actively participating in special risk membership under
  186  paragraph (a), paragraph (b), or paragraph (c), must have
  187  suffered a qualifying injury as defined in this paragraph, must
  188  not be receiving disability retirement benefits as provided in
  189  s. 121.091(4), and must satisfy the requirements of this
  190  paragraph.
  191         1. The ability to qualify for the class of membership
  192  defined in paragraph (2)(i) occurs when two licensed medical
  193  physicians, one of whom is a primary treating physician of the
  194  member, certify the existence of the physical injury and medical
  195  condition that constitute a qualifying injury as defined in this
  196  paragraph and that the member has reached maximum medical
  197  improvement after August 1, 2008. The certifications from the
  198  licensed medical physicians must include, at a minimum, that the
  199  injury to the special risk member has resulted in a physical
  200  loss, or loss of use, of at least two of the following: left
  201  arm, right arm, left leg, or right leg; and that:
  202         a. The That this physical loss or loss of use is total and
  203  permanent, unless except if the loss of use is due to a physical
  204  injury to the member’s brain, in which event the loss of use is
  205  permanent with at least 75 percent loss of motor function with
  206  respect to each arm or leg affected.
  207         b. The That this physical loss or loss of use renders the
  208  member physically unable to perform the essential job functions
  209  of his or her special risk position.
  210         c. That, Notwithstanding this physical loss or loss of use,
  211  the individual can perform the essential job functions required
  212  by the member’s new position, as provided in subparagraph 3.
  213         d. That Use of artificial limbs is not possible or does not
  214  alter the member’s ability to perform the essential job
  215  functions of the member’s position.
  216         e. That The physical loss or loss of use is a direct result
  217  of a physical injury and not a result of any mental,
  218  psychological, or emotional injury.
  219         2. For the purposes of this paragraph, “qualifying injury”
  220  means an injury sustained in the line of duty, as certified by
  221  the member’s employing agency, by a special risk member that
  222  does not result in total and permanent disability as defined in
  223  s. 121.091(4)(b). An injury is a qualifying injury if the injury
  224  is a physical injury to the member’s physical body resulting in
  225  a physical loss, or loss of use, of at least two of the
  226  following: left arm, right arm, left leg, or right leg.
  227  Notwithstanding any other provision of this section, an injury
  228  that would otherwise qualify as a qualifying injury is not
  229  considered a qualifying injury if and when the member ceases
  230  employment with the employer for whom he or she was providing
  231  special risk services on the date the injury occurred.
  232         3. The new position, as described in sub-subparagraph 1.c.,
  233  which that is required for qualification as a special risk
  234  member under this paragraph is not required to be a position
  235  with essential job functions that entitle an individual to
  236  special risk membership. Whether a new position as described in
  237  sub-subparagraph 1.c. exists and is available to the special
  238  risk member is a decision to be made solely by the employer in
  239  accordance with its hiring practices and applicable law.
  240         4. This paragraph does not grant or create additional
  241  rights for any individual to continued employment or to be hired
  242  or rehired by his or her employer that are not already provided
  243  by state law within the Florida Statutes, the State
  244  Constitution, the Americans with Disabilities Act, if
  245  applicable, or any other applicable state or federal law.
  246         Section 2. This act shall take effect July 1, 2014.