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