Florida Senate - 2024                                     SB 560
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00851-24                                             2024560__
    1                        A bill to be entitled                      
    2         An act relating to special risk class; amending s.
    3         121.0515, F.S.; revising criteria for designation as a
    4         member of the Special Risk Class of the Florida
    5         Retirement System, as of a specified date; conforming
    6         provisions to changes made by the act; reenacting ss.
    7         121.021(12) and (15) and 121.122(3)(a), F.S., relating
    8         to the definitions of the terms “member” and “special
    9         risk member” or “Special Risk Class member,”
   10         respectively, and to renewed membership in the Florida
   11         Retirement System, to incorporate the amendments made
   12         to s. 121.0515, F.S., in references thereto; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (h) of subsection (2), subsection (3),
   18  and paragraph (d) of subsection (8) of section 121.0515, Florida
   19  Statutes, are amended to read:
   20         121.0515 Special Risk Class.—
   21         (2) MEMBERSHIP.—
   22         (h) Effective August 1, 2008, “special risk member”
   23  includes any member who meets the special criteria for continued
   24  membership set forth in paragraph (3)(k) (3)(j).
   25         (3) CRITERIA.—A member, to be designated as a special risk
   26  member, must meet the following criteria:
   27         (a) Effective October 1, 1978, the member must be employed
   28  as a law enforcement officer and be certified, or required to be
   29  certified, in compliance with s. 943.1395; however, sheriffs and
   30  elected police chiefs are excluded from meeting the
   31  certification requirements of this paragraph. In addition, the
   32  member’s duties and responsibilities must include the pursuit,
   33  apprehension, and arrest of law violators or suspected law
   34  violators; or as of July 1, 1982, the member must be an active
   35  member of a bomb disposal unit whose primary responsibility is
   36  the location, handling, and disposal of explosive devices; or
   37  the member must be the supervisor or command officer of a member
   38  or members who have such responsibilities. Administrative
   39  support personnel, including, but not limited to, those whose
   40  primary duties and responsibilities are in accounting,
   41  purchasing, legal, and personnel, are not included;
   42         (b) Effective October 1, 1978, the member must be employed
   43  as a firefighter and be certified, or required to be certified,
   44  in compliance with s. 633.408 and be employed solely within the
   45  fire department of a local government employer or an agency of
   46  state government with firefighting responsibilities. In
   47  addition, the member’s duties and responsibilities must include
   48  on-the-scene fighting of fires; as of October 1, 2001, fire
   49  prevention or firefighter training; as of October 1, 2001,
   50  direct supervision of firefighting units, fire prevention, or
   51  firefighter training; or as of July 1, 2001, aerial firefighting
   52  surveillance performed by fixed-wing aircraft pilots employed by
   53  the Florida Forest Service of the Department of Agriculture and
   54  Consumer Services; or the member must be the supervisor or
   55  command officer of a member or members who have such
   56  responsibilities. Administrative support personnel, including,
   57  but not limited to, those whose primary duties and
   58  responsibilities are in accounting, purchasing, legal, and
   59  personnel, are not included. All periods of creditable service
   60  in fire prevention or firefighter training, or as the supervisor
   61  or command officer of a member or members who have such
   62  responsibilities, and for which the employer paid the special
   63  risk contribution rate, are included;
   64         (c) Effective October 1, 1978, the member must be employed
   65  as a correctional officer and be certified, or required to be
   66  certified, in compliance with s. 943.1395. In addition, the
   67  member’s primary duties and responsibilities must be the
   68  custody, and physical restraint when necessary, of prisoners or
   69  inmates within a prison, jail, or other criminal detention
   70  facility, or while on work detail outside the facility, or while
   71  being transported; or as of July 1, 1984, the member must be the
   72  supervisor or command officer of a member or members who have
   73  such responsibilities. Administrative support personnel,
   74  including, but not limited to, those whose primary duties and
   75  responsibilities are in accounting, purchasing, legal, and
   76  personnel, are not included with the exception of those meeting
   77  the criteria established in paragraph (j); however, wardens and
   78  assistant wardens, as defined by rule, are included;
   79         (d) Effective October 1, 1999, the member must be employed
   80  by a licensed Advance Life Support (ALS) or Basic Life Support
   81  (BLS) employer as an emergency medical technician or a paramedic
   82  and be certified in compliance with s. 401.27. In addition, the
   83  member’s primary duties and responsibilities must include on
   84  the-scene emergency medical care or as of October 1, 2001,
   85  direct supervision of emergency medical technicians or
   86  paramedics, or the member must be the supervisor or command
   87  officer of one or more members who have such responsibility.
   88  Administrative support personnel, including, but not limited to,
   89  those whose primary responsibilities are in accounting,
   90  purchasing, legal, and personnel, are not included;
   91         (e) Effective January 1, 2001, the member must be employed
   92  as a community-based correctional probation officer and be
   93  certified, or required to be certified, in compliance with s.
   94  943.1395. In addition, the member’s primary duties and
   95  responsibilities must be the supervised custody, surveillance,
   96  control, investigation, and counseling of assigned inmates,
   97  probationers, parolees, or community controllees within the
   98  community; or the member must be the supervisor of a member or
   99  members who have such responsibilities. Administrative support
  100  personnel, including, but not limited to, those whose primary
  101  duties and responsibilities are in accounting, purchasing, legal
  102  services, and personnel management, are not included; however,
  103  probation and parole circuit and deputy circuit administrators
  104  are included;
  105         (f) Effective January 1, 2001, the member must be employed
  106  in one of the following classes and must spend at least 75
  107  percent of his or her time performing duties which involve
  108  contact with patients or inmates in a correctional or forensic
  109  facility or institution:
  110         1. Dietitian (class codes 5203 and 5204);
  111         2. Public health nutrition consultant (class code 5224);
  112         3. Psychological specialist (class codes 5230 and 5231);
  113         4. Psychologist (class code 5234);
  114         5. Senior psychologist (class codes 5237 and 5238);
  115         6. Regional mental health consultant (class code 5240);
  116         7. Psychological Services Director—DCF (class code 5242);
  117         8. Pharmacist (class codes 5245 and 5246);
  118         9. Senior pharmacist (class codes 5248 and 5249);
  119         10. Dentist (class code 5266);
  120         11. Senior dentist (class code 5269);
  121         12. Registered nurse (class codes 5290 and 5291);
  122         13. Senior registered nurse (class codes 5292 and 5293);
  123         14. Registered nurse specialist (class codes 5294 and
  124  5295);
  125         15. Clinical associate (class codes 5298 and 5299);
  126         16. Advanced practice registered nurse (class codes 5297
  127  and 5300);
  128         17. Advanced practice registered nurse specialist (class
  129  codes 5304 and 5305);
  130         18. Registered nurse supervisor (class codes 5306 and
  131  5307);
  132         19. Senior registered nurse supervisor (class codes 5308
  133  and 5309);
  134         20. Registered nursing consultant (class codes 5312 and
  135  5313);
  136         21. Quality management program supervisor (class code
  137  5314);
  138         22. Executive nursing director (class codes 5320 and 5321);
  139         23. Speech and hearing therapist (class code 5406); or
  140         24. Pharmacy manager (class code 5251);
  141         (g) Effective October 1, 2005, through June 30, 2008, the
  142  member must be employed by a law enforcement agency or medical
  143  examiner’s office in a forensic discipline recognized by the
  144  International Association for Identification and must qualify
  145  for active membership in the International Association for
  146  Identification. The member’s primary duties and responsibilities
  147  must include the collection, examination, preservation,
  148  documentation, preparation, or analysis of physical evidence or
  149  testimony, or both, or the member must be the direct supervisor,
  150  quality management supervisor, or command officer of one or more
  151  individuals with such responsibility. Administrative support
  152  personnel, including, but not limited to, those whose primary
  153  responsibilities are clerical or in accounting, purchasing,
  154  legal, and personnel, are not included;
  155         (h) Effective July 1, 2008, the member must be employed by
  156  the Department of Law Enforcement in the crime laboratory or by
  157  the Division of State Fire Marshal in the forensic laboratory in
  158  one of the following classes:
  159         1. Forensic technologist (class code 8459);
  160         2. Crime laboratory technician (class code 8461);
  161         3. Crime laboratory analyst (class code 8463);
  162         4. Senior crime laboratory analyst (class code 8464);
  163         5. Crime laboratory analyst supervisor (class code 8466);
  164         6. Forensic chief (class code 9602); or
  165         7. Forensic services quality manager (class code 9603);
  166         (i) Effective July 1, 2008, the member must be employed by
  167  a local government law enforcement agency or medical examiner’s
  168  office and must spend at least 65 percent of his or her time
  169  performing duties that involve the collection, examination,
  170  preservation, documentation, preparation, or analysis of human
  171  tissues or fluids or physical evidence having potential
  172  biological, chemical, or radiological hazard or contamination,
  173  or use chemicals, processes, or materials that may have
  174  carcinogenic or health-damaging properties in the analysis of
  175  such evidence, or the member must be the direct supervisor of
  176  one or more individuals having such responsibility. If a special
  177  risk member changes to another position within the same agency,
  178  he or she must submit a complete application as provided in
  179  paragraph (4)(a); or
  180         (j) Effective July 1, 2024, the member must be employed in
  181  any of the following classes and must spend at least 75 percent
  182  of his or her time performing duties that involve contact with
  183  inmates:
  184         1.Vocational instructor III - F/C (class code 1315).
  185         2.Government analyst I (class code 2224), at a private
  186  facility.
  187         3.Government operations consultant II (class code 2236).
  188         4.Library technical assistant I (class code 4303).
  189         5.Engineering technician IV (class code 4612).
  190         6.Wellness education specialist I - F/C (class code 5567).
  191         7.Chaplain - F/C (class code 5819).
  192         8.Senior chaplain F/C (class code 5823).
  193         9.Counseling and social services supervisor I - F/C - SES
  194  (class code 5947).
  195         10.Social services counselor - F/C (class code 5960).
  196         11.Staff interpreter/translator (class code 5988).
  197         12.Instructional assistant I (class code 6071).
  198         13.Utilities supervisor - HAC/UP - F/C - SES (class code
  199  6352).
  200         14.Maintenance and construction superintendent - SES
  201  (class code 6387).
  202         15.Plumber (class code 6441).
  203         16.Master electrician (class code 6446).
  204         17.Senior refrigeration mechanic (class code 6454).
  205         18.Senior maintenance mechanic (class code 6467).
  206         19.Maintenance mechanic - F/C (class code 6469).
  207         20.Automotive equipment maintenance superintendent - SES
  208  (class code 6542).
  209         21.Electronic technician II (class code 7234).
  210         22.Correctional probation senior officer - INSTITUTION
  211  (class code 8041).
  212         23.Classification officer (class code 8051).
  213         24.Senior classification officer (class code 8052).
  214         25.Classification supervisor (class code 8053).
  215         26.Correctional services consultant (class code 8058),
  216  assigned to a reception center.
  217         27.Placement and transition specialist (class code 8081).
  218         28.Education supervisor I - SES (class code 8082).
  219         29.Education supervisor II - SES (class code 8083).
  220         30.Vocational teacher - EJT (class code 8085).
  221         31.Academic teacher (class code 8093).
  222         32.Correctional programs consultant (class code 8094).
  223         33.Special education teacher (class code 9095); or
  224         (k) The member must have already qualified for and be
  225  actively participating in special risk membership under
  226  paragraph (a), paragraph (b), or paragraph (c), must have
  227  suffered a qualifying injury as defined in this paragraph, must
  228  not be receiving disability retirement benefits as provided in
  229  s. 121.091(4), and must satisfy the requirements of this
  230  paragraph.
  231         1. The ability to qualify for the class of membership
  232  defined in paragraph (2)(h) occurs when two licensed medical
  233  physicians, one of whom is a primary treating physician of the
  234  member, certify the existence of the physical injury and medical
  235  condition that constitute a qualifying injury as defined in this
  236  paragraph and that the member has reached maximum medical
  237  improvement after August 1, 2008. The certifications from the
  238  licensed medical physicians must include, at a minimum, that the
  239  injury to the special risk member has resulted in a physical
  240  loss, or loss of use, of at least two of the following: left
  241  arm, right arm, left leg, or right leg; and:
  242         a. That this physical loss or loss of use is total and
  243  permanent, except if the loss of use is due to a physical injury
  244  to the member’s brain, in which event the loss of use is
  245  permanent with at least 75 percent loss of motor function with
  246  respect to each arm or leg affected.
  247         b. That this physical loss or loss of use renders the
  248  member physically unable to perform the essential job functions
  249  of his or her special risk position.
  250         c. That, notwithstanding this physical loss or loss of use,
  251  the individual can perform the essential job functions required
  252  by the member’s new position, as provided in subparagraph 3.
  253         d. That use of artificial limbs is not possible or does not
  254  alter the member’s ability to perform the essential job
  255  functions of the member’s position.
  256         e. That the physical loss or loss of use is a direct result
  257  of a physical injury and not a result of any mental,
  258  psychological, or emotional injury.
  259         2. For the purposes of this paragraph, “qualifying injury”
  260  means an injury sustained in the line of duty, as certified by
  261  the member’s employing agency, by a special risk member that
  262  does not result in total and permanent disability as defined in
  263  s. 121.091(4)(b). An injury is a qualifying injury if the injury
  264  is a physical injury to the member’s physical body resulting in
  265  a physical loss, or loss of use, of at least two of the
  266  following: left arm, right arm, left leg, or right leg.
  267  Notwithstanding any other provision of this section, an injury
  268  that would otherwise qualify as a qualifying injury is not
  269  considered a qualifying injury if and when the member ceases
  270  employment with the employer for whom he or she was providing
  271  special risk services on the date the injury occurred.
  272         3. The new position, as described in sub-subparagraph 1.c.,
  273  that is required for qualification as a special risk member
  274  under this paragraph is not required to be a position with
  275  essential job functions that entitle an individual to special
  276  risk membership. Whether a new position as described in sub
  277  subparagraph 1.c. exists and is available to the special risk
  278  member is a decision to be made solely by the employer in
  279  accordance with its hiring practices and applicable law.
  280         4. This paragraph does not grant or create additional
  281  rights for any individual to continued employment or to be hired
  282  or rehired by his or her employer that are not already provided
  283  within the Florida Statutes, the State Constitution, the
  284  Americans with Disabilities Act, if applicable, or any other
  285  applicable state or federal law.
  286         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  287         (d) Notwithstanding any other provision of this subsection,
  288  this subsection does not apply to any special risk member who
  289  qualifies for continued membership pursuant to paragraph (3)(k)
  290  (3)(j).
  291         Section 2. For the purpose of incorporating the amendment
  292  made by this act to section 121.0515, Florida Statutes, in
  293  references thereto, subsections (12) and (15) of section
  294  121.021, Florida Statutes, are reenacted to read:
  295         121.021 Definitions.—The following words and phrases as
  296  used in this chapter have the respective meanings set forth
  297  unless a different meaning is plainly required by the context:
  298         (12) “Member” means any officer or employee who is covered
  299  or who becomes covered under this system in accordance with this
  300  chapter. On and after December 1, 1970, all new members and
  301  those members transferring from existing systems shall be
  302  divided into the following classes: “Special Risk Class,” as
  303  provided in s. 121.0515; “Special Risk Administrative Support
  304  Class,” as provided in s. 121.0515(8); “Elected Officers’
  305  Class,” as provided in s. 121.052; “Senior Management Service
  306  Class,” as provided in s. 121.055; and “Regular Class,” which
  307  consists of all members who are not in the Special Risk Class,
  308  Special Risk Administrative Support Class, Elected Officers’
  309  Class, or Senior Management Service Class.
  310         (15) “Special risk member” or “Special Risk Class member”
  311  means a member of the Florida Retirement System who meets the
  312  eligibility and criteria required under s. 121.0515 for
  313  participation in the Special Risk Class.
  314         Section 3. For the purpose of incorporating the amendment
  315  made by this act to section 121.0515, Florida Statutes, in
  316  references thereto, paragraph (a) of subsection (3) of section
  317  121.122, Florida Statutes, is reenacted to read:
  318         121.122 Renewed membership in system.—
  319         (3) A retiree of the investment plan, the State University
  320  System Optional Retirement Program, the Senior Management
  321  Service Optional Annuity Program, or the State Community College
  322  System Optional Retirement Program who is reemployed with a
  323  covered employer in a regularly established position on or after
  324  July 1, 2017, shall be enrolled as a renewed member of the
  325  investment plan unless employed in a position eligible for
  326  participation in the State University System Optional Retirement
  327  Program as provided in subsection (4) or the State Community
  328  College System Optional Retirement Program as provided in
  329  subsection (5). The renewed member must satisfy the vesting
  330  requirements and other provisions of this chapter.
  331         (a) A renewed member of the investment plan shall be
  332  enrolled in one of the following membership classes:
  333         1. In the Regular Class, if the position does not meet the
  334  requirements for membership under s. 121.0515, s. 121.053, or s.
  335  121.055.
  336         2. In the Special Risk Class, if the position meets the
  337  requirements of s. 121.0515.
  338         3. In the Elected Officers’ Class, if the position meets
  339  the requirements of s. 121.053.
  340         4. In the Senior Management Service Class, if the position
  341  meets the requirements of s. 121.055.
  342         Section 4. This act shall take effect July 1, 2024.