July 10, 2020
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       Florida Senate - 2010                                    SB 1932
       
       
       
       By Senator Altman
       
       
       
       
       24-01473-10                                           20101932__
    1                        A bill to be entitled                      
    2         An act relating to retirement; providing a short
    3         title; providing legislative findings; providing a
    4         statement of important state interest; amending s.
    5         121.021, F.S.; revising the definition of “special
    6         risk member” to include certain members suffering a
    7         qualifying injury; amending s. 121.0515, F.S.;
    8         providing eligibility requirements for membership in
    9         the Special Risk Class for certain members suffering a
   10         qualifying injury; providing medical certification
   11         requirements; providing a definition; prohibiting the
   12         grant or creation of additional rights; providing
   13         retroactive effect; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as the “Adam Pierce Act.”
   18         Section 2. The Legislature finds that persons employed in
   19  law enforcement, firefighting, and criminal detention positions
   20  perform state and municipal functions; that it is their duty to
   21  protect life and property at their own risk and peril; that it
   22  is their duty to instruct school personnel, public officials,
   23  and private citizens about safety; and that their activities are
   24  vital to public safety. Therefore, the Legislature finds that it
   25  is a proper and legitimate state purpose to provide a uniform
   26  retirement system for the benefit of persons employed in law
   27  enforcement, firefighting, and criminal detention positions and
   28  finds, in implementing the provisions of s. 14, Art. X of the
   29  State Constitution relating to pension trust fund systems and
   30  plans, that such retirement systems or plans be managed,
   31  administered, operated, and funded in such manner as to maximize
   32  the protection of pension trust funds. Pursuant to s. 18, Art.
   33  VII of the State Constitution, the Legislature determines and
   34  declares that the provisions of this act fulfill an important
   35  state interest.
   36         Section 3. Paragraph (f) is added to subsection (15) of
   37  section 121.021, Florida Statutes, to read:
   38         121.021 Definitions.—The following words and phrases as
   39  used in this chapter have the respective meanings set forth
   40  unless a different meaning is plainly required by the context:
   41         (15)
   42         (f) Effective August 1, 2008, “special risk member”
   43  includes any member who meets the special criteria for continued
   44  membership set forth in s. 121.0515(2)(k).
   45         Section 4. Paragraphs (g) through (j) of subsection (2) of
   46  section 121.0515, Florida Statutes, are amended, paragraph (k)
   47  is added to that subsection, and paragraph (d) is added to
   48  subsection (7) of that section, to read:
   49         121.0515 Special risk membership.—
   50         (2) CRITERIA.—A member, to be designated as a special risk
   51  member, must meet the following criteria:
   52         (g) The member must be employed as a youth custody officer
   53  and be certified, or required to be certified, in compliance
   54  with s. 943.1395. In addition, the member’s primary duties and
   55  responsibilities must be the supervised custody, surveillance,
   56  control, investigation, apprehension, arrest, and counseling of
   57  assigned juveniles within the community; or
   58         (h) Effective October 1, 2005, through June 30, 2008, the
   59  member must be employed by a law enforcement agency or medical
   60  examiner’s office in a forensic discipline recognized by the
   61  International Association for Identification and must qualify
   62  for active membership in the International Association for
   63  Identification. The member’s primary duties and responsibilities
   64  must include the collection, examination, preservation,
   65  documentation, preparation, or analysis of physical evidence or
   66  testimony, or both, or the member must be the direct supervisor,
   67  quality management supervisor, or command officer of one or more
   68  individuals with such responsibility. Administrative support
   69  personnel, including, but not limited to, those whose primary
   70  responsibilities are clerical or in accounting, purchasing,
   71  legal, and personnel, shall not be included;.
   72         (i) Effective July 1, 2008, the member must be employed by
   73  the Department of Law Enforcement in the crime laboratory or by
   74  the Division of State Fire Marshal in the forensic laboratory in
   75  one of the following classes:
   76         1. Forensic technologist (class code 8459);
   77         2. Crime laboratory technician (class code 8461);
   78         3. Crime laboratory analyst (class code 8463);
   79         4. Senior crime laboratory analyst (class code 8464);
   80         5. Crime laboratory analyst supervisor (class code 8466);
   81         6. Forensic chief (class code 9602); or
   82         7. Forensic services quality manager (class code 9603);.
   83         (j) Effective July 1, 2008, the member must be employed by
   84  a local government law enforcement agency or medical examiner’s
   85  office and must spend at least 65 percent of his or her time
   86  performing duties that involve the collection, examination,
   87  preservation, documentation, preparation, or analysis of human
   88  tissues or fluids or physical evidence having potential
   89  biological, chemical, or radiological hazard or contamination,
   90  or use chemicals, processes, or materials that may have
   91  carcinogenic or health-damaging properties in the analysis of
   92  such evidence, or the member must be the direct supervisor of
   93  one or more individuals having such responsibility. If a special
   94  risk member changes to another position within the same agency,
   95  he or she must submit a complete application as provided in
   96  paragraph (3)(a); or.
   97         (k) The member must have already qualified for and be
   98  actively participating in special risk membership under
   99  paragraph (a), paragraph (b), or paragraph (c), must have
  100  suffered a qualifying injury as defined in this paragraph, must
  101  not be receiving disability retirement benefits as provided in
  102  s. 121.091(4), and must satisfy the requirements of this
  103  paragraph.
  104         1. The ability to qualify for the class of membership
  105  defined in s. 121.021(15)(f) shall occur when two licensed
  106  medical physicians, one of whom is a primary treating physician
  107  of the member, certify the existence of the physical injury and
  108  medical condition that constitute a qualifying injury as defined
  109  in this paragraph and that the member has reached maximum
  110  medical improvement after August 1, 2008. The certifications
  111  from the licensed medical physicians must include, at a minimum,
  112  that the injury to the special risk member has resulted in a
  113  physical loss, or loss of use, of at least two of the following:
  114  left arm, right arm, left leg, or right leg, and:
  115         a. That this physical loss or loss of use is total and
  116  permanent, except in the event that the loss of use is due to a
  117  physical injury to the member’s brain, in which event the loss
  118  of use is permanent with at least 75 percent loss of motor
  119  function with respect to each arm or leg affected.
  120         b. That this physical loss or loss of use renders the
  121  member physically unable to perform the essential job functions
  122  of his or her special risk position.
  123         c. That, notwithstanding this physical loss or loss of use,
  124  the individual is able to perform the essential job functions
  125  required by the member’s new position, as provided in
  126  subparagraph 3.
  127         d. That use of artificial limbs is either not possible or
  128  does not alter the member’s ability to perform the essential job
  129  functions of the member’s position.
  130         e. That the physical loss or loss of use is a direct result
  131  of a physical injury and not a result of any mental,
  132  psychological, or emotional injury.
  133         2. For the purposes of this paragraph, “qualifying injury”
  134  means an injury sustained in the line of duty, as certified by
  135  the member’s employing agency, by a special risk member that
  136  does not result in total and permanent disability as defined in
  137  s. 121.091(4)(b). An injury is a qualifying injury when the
  138  injury is a physical injury to the member’s physical body
  139  resulting in a physical loss, or loss of use, of at least two of
  140  the following: left arm, right arm, left leg, or right leg.
  141  Notwithstanding anything in this section to the contrary, an
  142  injury that would otherwise qualify as a qualifying injury shall
  143  not be considered a qualifying injury if and when the member
  144  ceases employment with the employer for whom he or she was
  145  providing special risk services on the date the injury occurred.
  146         3. The new position, as described in sub-subparagraph 1.c.,
  147  that is required for qualification as a special risk member
  148  under this paragraph is not required to be a position with
  149  essential job functions that entitle an individual to special
  150  risk membership. Whether a new position as described in sub
  151  subparagraph 1.c. exists and is available to the special risk
  152  member is a decision to be made solely by the employer in
  153  accordance with its hiring practices and applicable law.
  154         4. This paragraph does not grant or create additional
  155  rights for any individual to continued employment or to be hired
  156  or rehired by his or her employer that are not already provided
  157  within the Florida Statutes, the State Constitution, the
  158  Americans with Disabilities Act, if applicable, or any other
  159  applicable state or federal law.
  160         (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.—
  161         (d) Notwithstanding any provision of this subsection to the
  162  contrary, this subsection does not apply to any special risk
  163  member who qualifies for continued membership pursuant to the
  164  provisions of paragraph (2)(k).
  165         Section 5. This act shall take effect upon becoming a law.

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