Florida Senate - 2019                                    SB 1190
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01025-19                                            20191190__
    1                        A bill to be entitled                      
    2         An act relating to the Special Risk Class; amending s.
    3         121.0515, F.S.; adding specified Florida State
    4         Hospital employees to the class; conforming cross
    5         references; declaring that the act fulfills an
    6         important state interest; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (h) of subsection (2), subsection (3),
   11  and paragraph (d) of subsection (8) of section 121.0515, Florida
   12  Statutes, are amended to read:
   13         121.0515 Special Risk Class.—
   14         (2) MEMBERSHIP.—
   15         (h) Effective August 1, 2008, “special risk member”
   16  includes any member who meets the special criteria for continued
   17  membership set forth in paragraph (3)(k) (3)(j).
   18         (3) CRITERIA.—A member, to be designated as a special risk
   19  member, must meet the following criteria:
   20         (a) Effective October 1, 1978, the member must be employed
   21  as a law enforcement officer and be certified, or required to be
   22  certified, in compliance with s. 943.1395, except that; however,
   23  sheriffs and elected police chiefs are not required to be
   24  certified excluded from meeting the certification requirements
   25  of this paragraph. In addition, the member’s duties and
   26  responsibilities must include the pursuit, apprehension, and
   27  arrest of law violators or suspected law violators; or as of
   28  July 1, 1982, the member must be an active member of a bomb
   29  disposal unit whose primary responsibility is the location,
   30  handling, and disposal of explosive devices; or the member must
   31  be the supervisor or command officer of a member or members who
   32  have such responsibilities. Administrative support personnel,
   33  including, but not limited to, those whose primary duties and
   34  responsibilities are in accounting, purchasing, legal, and
   35  personnel, are not included;
   36         (b) Effective October 1, 1978, the member must be employed
   37  as a firefighter and be certified, or required to be certified,
   38  in compliance with s. 633.408 and be employed solely within the
   39  fire department of a local government employer or an agency of
   40  state government with firefighting responsibilities. In
   41  addition, the member’s duties and responsibilities must include
   42  on-the-scene fighting of fires; as of October 1, 2001, fire
   43  prevention or firefighter training; as of October 1, 2001,
   44  direct supervision of firefighting units, fire prevention, or
   45  firefighter training; or as of July 1, 2001, aerial firefighting
   46  surveillance performed by fixed-wing aircraft pilots employed by
   47  the Florida Forest Service of the Department of Agriculture and
   48  Consumer Services; or the member must be the supervisor or
   49  command officer of a member or members who have such
   50  responsibilities. Administrative support personnel, including,
   51  but not limited to, those whose primary duties and
   52  responsibilities are in accounting, purchasing, legal, and
   53  personnel, are not included. All periods of creditable service
   54  in fire prevention or firefighter training, or as the supervisor
   55  or command officer of a member or members who have such
   56  responsibilities, and for which the employer paid the special
   57  risk contribution rate, are included;
   58         (c) Effective October 1, 1978, the member must be employed
   59  as a correctional officer and be certified, or required to be
   60  certified, in compliance with s. 943.1395. In addition, the
   61  member’s primary duties and responsibilities must include be the
   62  custody, and physical restraint if when necessary, of prisoners
   63  or inmates within a prison, jail, or other criminal detention
   64  facility, or while on work detail outside the facility, or while
   65  being transported; or as of July 1, 1984, the member must be the
   66  supervisor or command officer of a member or members who have
   67  such responsibilities. Administrative support personnel,
   68  including, but not limited to, those whose primary duties and
   69  responsibilities are in accounting, purchasing, legal, and
   70  personnel, are not included; however, wardens and assistant
   71  wardens, as defined by rule, are included;
   72         (d) Effective October 1, 1999, the member must be employed
   73  by a licensed Advance Life Support (ALS) or Basic Life Support
   74  (BLS) employer as an emergency medical technician or a paramedic
   75  and be certified in compliance with s. 401.27. In addition, the
   76  member’s primary duties and responsibilities must include on
   77  the-scene emergency medical care or as of October 1, 2001,
   78  direct supervision of emergency medical technicians or
   79  paramedics, or the member must be the supervisor or command
   80  officer of one or more members who have such responsibility.
   81  Administrative support personnel, including, but not limited to,
   82  those whose primary responsibilities are in accounting,
   83  purchasing, legal, and personnel, are not included;
   84         (e) Effective January 1, 2001, the member must be employed
   85  as a community-based correctional probation officer and be
   86  certified, or required to be certified, in compliance with s.
   87  943.1395. In addition, the member’s primary duties and
   88  responsibilities must be the supervised custody, surveillance,
   89  control, investigation, and counseling of assigned inmates,
   90  probationers, parolees, or community controllees within the
   91  community; or the member must be the supervisor of a member or
   92  members who have such responsibilities. Administrative support
   93  personnel, including, but not limited to, those whose primary
   94  duties and responsibilities are in accounting, purchasing, legal
   95  services, and personnel management, are not included; however,
   96  probation and parole circuit and deputy circuit administrators
   97  are included;
   98         (f) Effective January 1, 2001, the member must be employed
   99  in one of the following classes and must spend at least 75
  100  percent of his or her time performing duties that which involve
  101  contact with patients or inmates in a correctional or forensic
  102  facility or institution:
  103         1. Dietitian (class codes 5203 and 5204);
  104         2. Public health nutrition consultant (class code 5224);
  105         3. Psychological specialist (class codes 5230 and 5231);
  106         4. Psychologist (class code 5234);
  107         5. Senior psychologist (class codes 5237 and 5238);
  108         6. Regional mental health consultant (class code 5240);
  109         7. Psychological Services Director—DCF (class code 5242);
  110         8. Pharmacist (class codes 5245 and 5246);
  111         9. Senior pharmacist (class codes 5248 and 5249);
  112         10. Dentist (class code 5266);
  113         11. Senior dentist (class code 5269);
  114         12. Registered nurse (class codes 5290 and 5291);
  115         13. Senior registered nurse (class codes 5292 and 5293);
  116         14. Registered nurse specialist (class codes 5294 and
  117  5295);
  118         15. Clinical associate (class codes 5298 and 5299);
  119         16. Advanced practice registered nurse (class codes 5297
  120  and 5300);
  121         17. Advanced practice registered nurse specialist (class
  122  codes 5304 and 5305);
  123         18. Registered nurse supervisor (class codes 5306 and
  124  5307);
  125         19. Senior registered nurse supervisor (class codes 5308
  126  and 5309);
  127         20. Registered nursing consultant (class codes 5312 and
  128  5313);
  129         21. Quality management program supervisor (class code
  130  5314);
  131         22. Executive nursing director (class codes 5320 and 5321);
  132         23. Speech and hearing therapist (class code 5406); or
  133         24. Pharmacy manager (class code 5251);
  134         (g) Effective October 1, 2005, through June 30, 2008, the
  135  member must be employed by a law enforcement agency or medical
  136  examiner’s office in a forensic discipline recognized by the
  137  International Association for Identification and must qualify
  138  for active membership in the International Association for
  139  Identification. The member’s primary duties and responsibilities
  140  must include the collection, examination, preservation,
  141  documentation, preparation, or analysis of physical evidence or
  142  testimony, or both, or the member must be the direct supervisor,
  143  quality management supervisor, or command officer of one or more
  144  individuals with such responsibility. Administrative support
  145  personnel, including, but not limited to, those whose primary
  146  responsibilities are clerical or in accounting, purchasing,
  147  legal, and personnel, are not included;
  148         (h) Effective July 1, 2008, the member must be employed by
  149  the Department of Law Enforcement in the crime laboratory or by
  150  the Division of State Fire Marshal in the forensic laboratory in
  151  one of the following classes:
  152         1. Forensic technologist (class code 8459);
  153         2. Crime laboratory technician (class code 8461);
  154         3. Crime laboratory analyst (class code 8463);
  155         4. Senior crime laboratory analyst (class code 8464);
  156         5. Crime laboratory analyst supervisor (class code 8466);
  157         6. Forensic chief (class code 9602); or
  158         7. Forensic services quality manager (class code 9603);
  159         (i) Effective July 1, 2008, the member must be employed by
  160  a local government law enforcement agency or medical examiner’s
  161  office and must spend at least 65 percent of his or her time
  162  performing duties that involve the collection, examination,
  163  preservation, documentation, preparation, or analysis of human
  164  tissues or fluids or physical evidence having potential
  165  biological, chemical, or radiological hazard or contamination,
  166  or use chemicals, processes, or materials that may have
  167  carcinogenic or health-damaging properties in the analysis of
  168  such evidence, or the member must be the direct supervisor of
  169  one or more individuals having such responsibility. If a special
  170  risk member changes to another position within the same agency,
  171  he or she must submit a complete application as provided in
  172  paragraph (4)(a);
  173         (j)Effective January 1, 2020, the member must be employed
  174  in any of the following classes and must spend at least 65
  175  percent of his or her time performing duties that involve
  176  contact with patients or inmates at Florida State Hospital:
  177         1.Abuse registry counselor (class code 5961).
  178         2.Barber/beautician (class codes 6201, 6205, and 6206).
  179         3.Behavioral program associate (class codes 5750 and
  180  5762).
  181         4.Behavioral program specialist (class codes 5751 and
  182  5763).
  183         5.Certified radiologic technologist (class codes 5523,
  184  5524, 5527, and 5528).
  185         6.Chaplain (class codes 5819 and 5820).
  186         7.Child protective investigator (class code 8371).
  187         8.Child protective field support consultant (class code
  188  8374).
  189         9.Children, youth, and families counselor (class code
  190  5954).
  191         10.Classroom teacher (class codes 4144 and 4147).
  192         11.Custodial trainer (class code 6530).
  193         12.Custodial worker (class codes 6511 and 6526).
  194         13.Dental assistant (class codes 5632 and 5633).
  195         14.Dental hygienist (class code 5641).
  196         15.Dental technician (class code 5644).
  197         16.Dietetic technician (class code 5594).
  198         17.Direct services aide (class code 5702).
  199         18.Education and training specialist (class code 1328).
  200         19.Food control specialist (class code 6217).
  201         20.Food support worker (class code 6213).
  202         21.Groundskeeper (class code 6394).
  203         22.Health support aide (class codes 5504 and 5505).
  204         23.Human services counselor (class codes 5934, 5936, 5937,
  205  5940, and 5941).
  206         24.Human services program analyst (class code 5871).
  207         25.Human services program consultant (class codes 5918,
  208  5919, and 5920).
  209         26.Human services program records analyst (class code
  210  5864).
  211         27.Human services program specialist (class code 5877).
  212         28.Human services worker (class codes 5706, 5709, 5781,
  213  and 5784).
  214         29.Librarian (class code 4315).
  215         30.Librarian specialist (class codes 4318 and 4319).
  216         31.Medical laboratory technician (class codes 5047 and
  217  5048).
  218         32.Pharmacy technician (class codes 5500 and 5501).
  219         33.Rehabilitation therapist (class codes 5562 and 5563).
  220         34.Residential unit specialist (class code 5736).
  221         35.Senior chaplain (class code 5823).
  222         36.Social services counselor (class codes 5953 and 5960).
  223         37.Storekeeper (class codes 0918, 0921, and 0922).
  224         38.Teacher aide (class codes 4133 and 4142).
  225         39.Therapy aide (class codes 5556 and 5557).
  226         40.Training specialist (class codes 1322 and 1324).
  227         41.Unit treatment and rehab specialist (class codes 5776
  228  and 5791).
  229         42.Vocational instructor (class codes 1309, 1310, 1311,
  230  1312, 1313, and 1315).
  231         43.Volunteer services center specialist (class code 6000).
  232         44.Volunteer services specialist (class code 5997); or
  233         (k)(j) The member must have already qualified for and be
  234  actively participating in special risk membership under
  235  paragraph (a), paragraph (b), or paragraph (c), must have
  236  suffered a qualifying injury as defined in this paragraph, must
  237  not be receiving disability retirement benefits as provided in
  238  s. 121.091(4), and must satisfy the requirements of this
  239  paragraph.
  240         1. The ability to qualify for the class of membership
  241  defined in paragraph (2)(h) occurs when two licensed medical
  242  physicians, one of whom is a primary treating physician of the
  243  member, certify the existence of the physical injury and medical
  244  condition that constitute a qualifying injury as defined in this
  245  paragraph and that the member has reached maximum medical
  246  improvement after August 1, 2008. The certifications from the
  247  licensed medical physicians must include, at a minimum, that the
  248  injury to the special risk member has resulted in a physical
  249  loss, or loss of use, of at least two of the following: left
  250  arm, right arm, left leg, or right leg; and that:
  251         a. The That this physical loss or loss of use is total and
  252  permanent, unless except if the loss of use is due to a physical
  253  injury to the member’s brain, in which event the loss of use is
  254  permanent with at least 75 percent loss of motor function with
  255  respect to each arm or leg affected.
  256         b. The That this physical loss or loss of use renders the
  257  member physically unable to perform the essential job functions
  258  of his or her special risk position.
  259         c. That, Notwithstanding this physical loss or loss of use,
  260  the individual can perform the essential job functions required
  261  by the member’s new position, as provided in subparagraph 3.
  262         d. That Use of artificial limbs is not possible or does not
  263  alter the member’s ability to perform the essential job
  264  functions of the member’s position.
  265         e. That The physical loss or loss of use is a direct result
  266  of a physical injury and not a result of any mental,
  267  psychological, or emotional injury.
  268         2. For the purposes of this paragraph, “qualifying injury”
  269  means an injury sustained in the line of duty, as certified by
  270  the member’s employing agency, by a special risk member that
  271  does not result in total and permanent disability as defined in
  272  s. 121.091(4)(b). An injury is a qualifying injury if the injury
  273  is a physical injury to the member’s physical body resulting in
  274  a physical loss, or loss of use, of at least two of the
  275  following: left arm, right arm, left leg, or right leg.
  276  Notwithstanding any other provision of this section, an injury
  277  that would otherwise qualify as a qualifying injury is not
  278  considered a qualifying injury if and when the member ceases
  279  employment with the employer for whom he or she was providing
  280  special risk services on the date the injury occurred.
  281         3. The new position, as described in sub-subparagraph 1.c.,
  282  which that is required for qualification as a special risk
  283  member under this paragraph is not required to be a position
  284  with essential job functions that entitle an individual to
  285  special risk membership. Whether a new position as described in
  286  sub-subparagraph 1.c. exists and is available to the special
  287  risk member is a decision to be made solely by the employer in
  288  accordance with its hiring practices and applicable law.
  289         4. This paragraph does not grant or create additional
  290  rights for any individual to continued employment or to be hired
  291  or rehired by his or her employer that are not already provided
  292  by state law within the Florida Statutes, the State
  293  Constitution, the Americans with Disabilities Act, if
  294  applicable, or any other applicable state or federal law.
  295         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  296         (d) Notwithstanding any other provision of this subsection,
  297  this subsection does not apply to any special risk member who
  298  qualifies for continued membership pursuant to paragraph (3)(k)
  299  (3)(j).
  300         Section 2. The Legislature finds that a proper and
  301  legitimate state purpose is served when employees and retirees
  302  of the state and its political subdivisions, and the dependents,
  303  survivors, and beneficiaries of such employees and retirees, are
  304  extended the basic protections afforded by governmental
  305  retirement systems. These persons must be provided benefits that
  306  are fair and adequate and are managed, administered, and funded
  307  in an actuarially sound manner, as required by s. 14, Article X
  308  of the State Constitution and part VII of chapter 112, Florida
  309  Statutes. Therefore, the Legislature determines and declares
  310  that this act fulfills an important state interest.
  311         Section 3. This act shall take effect January 1, 2020.