HB 1097

1	A bill to be entitled
2	An act relating to firefighters; creating s. 112.183,
3	F.S.; providing that death or disability due to certain
4	types of cancer suffered by a firefighter employed by the
5	state or its political subdivisions is presumed accidental
6	and suffered in the line of duty under certain conditions;
7	authorizing purchase of insurance by local governments;
8	providing criteria for physical exams for firefighters;
9	requiring certain employing agencies to keep records and
10	notify firefighters of their reported exposure to known
11	carcinogens; providing that firefighters employed on the
12	effective date of the act need not comply with physical
13	examination requirements; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 112.183, Florida Statutes, is created
18	to read:
19	112.183  Firefighters; special provisions relative to
20	cancer.--
21	(1)  Any condition or impairment of health of a firefighter
22	employed full time by the state or any municipality, county,
23	port authority, special tax district, or fire control district
24	which is caused by cancer and results in total or partial
25	disability or death is presumed to have been accidental and to
26	have been suffered in the line of duty, unless the contrary is
27	shown by competent evidence. However, the firefighter must have
28	successfully passed a physical examination before entering into
29	service as a firefighter, which examination failed to reveal any
30	evidence of any such condition. If the employing agency fails to
31	provide a physical examination before the firefighter enters
32	service, the firefighter must successfully pass a physical
33	examination given after he or she enters service. The
34	presumption does not apply to benefits payable under or granted
35	in a policy of life insurance or disability insurance, unless
36	the insurer and insured have negotiated for the additional
37	benefits to be included in the policy contract.
38	(2)  The governmental entities set forth in subsection (1)
39	may negotiate policy contracts for life and disability insurance
40	which include accidental death benefits or double indemnity
41	coverage and which include the presumption that any condition or
42	impairment of health of any firefighter caused by leukemia,
43	lymphoma, multiple myeloma, melanoma, or cancers of the
44	respiratory system, digestive system, genitourinary tract, or
45	brain resulting in total or partial disability or death was
46	accidental and suffered in the line of duty unless the contrary
47	is shown by competent evidence.
48	(3)  A physical examination administered pursuant to
49	subsection (1) must include at least the following tests, as
50	appropriate for the gender of the examinee:
51	(a)  Physical breast examination and mammogram for female
52	breast cancer.
53	(b)  Digital rectal examination, proctosigmoidoscopy, and
54	blood stool test for colon and rectum cancer.
55	(c)  Rectal examination for prostate cancer.
56	(d)  Pap test for uterine cancer.
57	(e)  Pelvic examination for ovarian cancer.
58	(f)  Radiographic examination for lung cancer.
59	(4)  The employing agency shall maintain a record of any
60	reported exposure of a firefighter to a known carcinogen as
61	defined by the International Agency for Research on Cancer and
62	must notify the firefighter of the exposure within 48 hours
63	after the exposure is reported.
64	Section 2.  A firefighter employed on the effective date of
65	this section is not required to meet the provisions of section
66	112.183, Florida Statutes, as to a physical examination.
67	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.