Florida Senate - 2020                                     SB 796
       
       
        
       By Senator Book
       
       
       
       
       
       32-00664-20                                            2020796__
    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 to the class certain employees of specified
    5         state hospitals and other facilities who spend a
    6         certain amount of time performing duties that involve
    7         contact with patients or inmates; declaring that the
    8         act fulfills an important state interest; providing an
    9         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, 2020, “special risk member” includes
   19  any member who is employed by the Florida State Hospital;
   20  Northeast Florida State Hospital; Sunland Center at Marianna and
   21  Chattahoochee, including the Developmental Disabilities
   22  Defendant Program; or North Florida Evaluation and Treatment
   23  Center, and who meets the special criteria set forth in
   24  paragraph (3)(k).
   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, except that; however,
   30  sheriffs and elected police chiefs are not required to be
   31  certified excluded from meeting the certification requirements
   32  of this paragraph. In addition, the member’s duties and
   33  responsibilities must include the pursuit, apprehension, and
   34  arrest of law violators or suspected law violators; or as of
   35  July 1, 1982, the member must be an active member of a bomb
   36  disposal unit whose primary responsibility is the location,
   37  handling, and disposal of explosive devices; or the member must
   38  be the supervisor or command officer of a member or members who
   39  have such responsibilities. Administrative support personnel,
   40  including, but not limited to, those whose primary duties and
   41  responsibilities are in accounting, purchasing, legal, and
   42  personnel, are not included;
   43         (b) Effective October 1, 1978, the member must be employed
   44  as a firefighter and be certified, or required to be certified,
   45  in compliance with s. 633.408 and be employed solely within the
   46  fire department of a local government employer or an agency of
   47  state government with firefighting responsibilities. In
   48  addition, the member’s duties and responsibilities must include
   49  on-the-scene fighting of fires; as of October 1, 2001, fire
   50  prevention or firefighter training; as of October 1, 2001,
   51  direct supervision of firefighting units, fire prevention, or
   52  firefighter training; or as of July 1, 2001, aerial firefighting
   53  surveillance performed by fixed-wing aircraft pilots employed by
   54  the Florida Forest Service of the Department of Agriculture and
   55  Consumer Services; or the member must be the supervisor or
   56  command officer of a member or members who have such
   57  responsibilities. Administrative support personnel, including,
   58  but not limited to, those whose primary duties and
   59  responsibilities are in accounting, purchasing, legal, and
   60  personnel, are not included. All periods of creditable service
   61  in fire prevention or firefighter training, or as the supervisor
   62  or command officer of a member or members who have such
   63  responsibilities, and for which the employer paid the special
   64  risk contribution rate, are included;
   65         (c) Effective October 1, 1978, the member must be employed
   66  as a correctional officer and be certified, or required to be
   67  certified, in compliance with s. 943.1395. In addition, the
   68  member’s primary duties and responsibilities must include be the
   69  custody, and physical restraint if when necessary, of prisoners
   70  or inmates within a prison, jail, or other criminal detention
   71  facility, or while on work detail outside the facility, or while
   72  being transported; or as of July 1, 1984, the member must be the
   73  supervisor or command officer of a member or members who have
   74  such responsibilities. Administrative support personnel,
   75  including, but not limited to, those whose primary duties and
   76  responsibilities are in accounting, purchasing, legal, and
   77  personnel, are not included; however, wardens and assistant
   78  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 that 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) The member must have already qualified for and be
  181  actively participating in special risk membership under
  182  paragraph (a), paragraph (b), or paragraph (c), must have
  183  suffered a qualifying injury as defined in this paragraph, must
  184  not be receiving disability retirement benefits as provided in
  185  s. 121.091(4), and must satisfy the requirements of this
  186  paragraph.
  187         1. The ability to qualify for the class of membership
  188  defined in paragraph (2)(h) occurs when two licensed medical
  189  physicians, one of whom is a primary treating physician of the
  190  member, certify the existence of the physical injury and medical
  191  condition that constitute a qualifying injury as defined in this
  192  paragraph and that the member has reached maximum medical
  193  improvement after August 1, 2008. The certifications from the
  194  licensed medical physicians must include, at a minimum, that the
  195  injury to the special risk member has resulted in a physical
  196  loss, or loss of use, of at least two of the following: left
  197  arm, right arm, left leg, or right leg; and that:
  198         a. The That this physical loss or loss of use is total and
  199  permanent, unless except if the loss of use is due to a physical
  200  injury to the member’s brain, in which event the loss of use is
  201  permanent with at least 75 percent loss of motor function with
  202  respect to each arm or leg affected.
  203         b. The That this physical loss or loss of use renders the
  204  member physically unable to perform the essential job functions
  205  of his or her special risk position.
  206         c. That, Notwithstanding this physical loss or loss of use,
  207  the individual can perform the essential job functions required
  208  by the member’s new position, as provided in subparagraph 3.
  209         d. That Use of artificial limbs is not possible or does not
  210  alter the member’s ability to perform the essential job
  211  functions of the member’s position.
  212         e. That The physical loss or loss of use is a direct result
  213  of a physical injury and not a result of any mental,
  214  psychological, or emotional injury.
  215         2. For the purposes of this paragraph, “qualifying injury”
  216  means an injury sustained in the line of duty, as certified by
  217  the member’s employing agency, by a special risk member which
  218  that does not result in total and permanent disability as
  219  defined in s. 121.091(4)(b). An injury is a qualifying injury if
  220  the injury is a physical injury to the member’s physical body
  221  resulting in a physical loss, or loss of use, of at least two of
  222  the following: left arm, right arm, left leg, or right leg.
  223  Notwithstanding any other provision of this section, an injury
  224  that would otherwise qualify as a qualifying injury is not
  225  considered a qualifying injury if and when the member ceases
  226  employment with the employer for whom he or she was providing
  227  special risk services on the date the injury occurred.
  228         3. The new position, as described in sub-subparagraph 1.c.,
  229  which that is required for qualification as a special risk
  230  member under this paragraph is not required to be a position
  231  with essential job functions that entitle an individual to
  232  special risk membership. Whether a new position as described in
  233  sub-subparagraph 1.c. exists and is available to the special
  234  risk member is a decision to be made solely by the employer in
  235  accordance with its hiring practices and applicable law.
  236         4. This paragraph does not grant or create additional
  237  rights for any individual to continued employment or to be hired
  238  or rehired by his or her employer which that are not already
  239  provided by state law within the Florida Statutes, the State
  240  Constitution, the Americans with Disabilities Act, if
  241  applicable, or any other applicable state or federal law; or
  242         (k)Effective July 1, 2020, the member must be employed in
  243  any of the following classes and must spend at least 75 percent
  244  of his or her time performing duties that involve contact with
  245  patients or inmates at the Florida State Hospital; Northeast
  246  Florida State Hospital; Sunland Center at Marianna and
  247  Chattahoochee, including the Developmental Disabilities
  248  Defendant Program; or North Florida Evaluation and Treatment
  249  Center:
  250         1.Abuse registry counselor (class code 5961).
  251         2.Barber/beautician (class codes 6201, 6205, and 6206).
  252         3.Behavioral program associate (class codes 5750 and
  253  5762).
  254         4.Behavioral program specialist (class codes 5751 and
  255  5763).
  256         5.Certified radiologic technologist (class codes 5523,
  257  5524, 5527, and 5528).
  258         6.Chaplain (class codes 5819 and 5820).
  259         7.Child protective investigator (class code 8371).
  260         8.Child protective field support consultant (class code
  261  8374).
  262         9.Children, youth, and families counselor (class code
  263  5954).
  264         10.Classroom teacher (class codes 4144 and 4147).
  265         11.Custodial worker (class codes 6511 and 6526).
  266         12.Dental assistant (class codes 5632 and 5633).
  267         13.Dental hygienist (class code 5641).
  268         14.Dental technician (class code 5644).
  269         15.Dietetic technician (class code 5594).
  270         16.Direct services aide (class code 5702).
  271         17.Education and training specialist (class code 1328).
  272         18.Food control specialist (class code 6217).
  273         19.Food support worker (class code 6213).
  274         20.Health support aide (class codes 5504 and 5505).
  275         21.Human services counselor (class codes 5934, 5936, 5937,
  276  5940, and 5941).
  277         22.Human services program specialist (class code 5877).
  278         23.Human services worker (class codes 5706, 5709, 5781,
  279  and 5784).
  280         24.Librarian (class code 4315).
  281         25.Librarian specialist (class codes 4318 and 4319).
  282         26.Licensed practical nurse (class code 5599).
  283         27.Pharmacy technician (class codes 5500 and 5501).
  284         28.Rehabilitation therapist (class codes 5562 and 5563).
  285         29.Residential unit specialist (class code 5736).
  286         30.Senior chaplain (class code 5823).
  287         31.Senior licensed practical nurse (class codes 5597 and
  288  5600).
  289         32.Social services counselor (class codes 5953 and 5960).
  290         33.Storekeeper (class codes 0918, 0921, and 0922).
  291         34.Teacher aide (class codes 4133 and 4142).
  292         35.Therapy aide (class codes 5556 and 5557).
  293         36.Training specialist (class codes 1322 and 1324).
  294         37.Unit treatment and rehab specialist (class codes 5776
  295  and 5791).
  296         38.Vocational instructor (class codes 1309, 1310, 1311,
  297  1312, 1313, and 1315).
  298         39.Volunteer services center specialist (class code 6000).
  299         40.Volunteer services specialist (class code 5997).
  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 July 1, 2020.