| 1 | The State Administration Appropriations Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 |
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| 7 | A bill to be entitled |
| 8 | An act relating to workers' compensation for first |
| 9 | responders; creating s. 112.1815, F.S.; providing a |
| 10 | definition; providing standard of proof for first |
| 11 | responders with an injury or disease caused by exposure to |
| 12 | a toxic substance; providing that any adverse result or |
| 13 | complication relating to small pox vaccinations is an |
| 14 | injury by accident arising out of employment for first |
| 15 | responders; providing standard of proof for first |
| 16 | responders in cases involving occupational disease; |
| 17 | providing for the continuation of permanent total |
| 18 | supplemental benefits after the age of 62 for certain |
| 19 | first responders; providing an effective date. |
| 20 |
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| 21 | Be it enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 112.1815, Florida Statutes, is created |
| 24 | to read: |
| 25 | 112.1815 Firefighters, paramedics, emergency medical |
| 26 | technicians, law enforcement officers; special provisions |
| 27 | relative to employment-related accidents and injuries.-- |
| 28 | (1) The term "first responder" as used in this section |
| 29 | means a law enforcement officer as defined in s. 943.10, a |
| 30 | firefighter as defined in s. 633.30, and an emergency medical |
| 31 | technician or a paramedic as defined in s. 401.23 employed by |
| 32 | state or local government. A volunteer firefighter engaged by |
| 33 | state or local government is also considered a first responder |
| 34 | for purposes of this section. |
| 35 | (2)(a) For the purpose of determining benefits of the |
| 36 | section relating to employment-related accidents and injuries of |
| 37 | first responders, the following shall apply: |
| 38 | 1. An injury or disease caused by the exposure to a toxic |
| 39 | substance is not an injury by accident arising out of employment |
| 40 | unless there is a preponderance of the evidence establishing |
| 41 | that exposure to the specific substance involved, at the levels |
| 42 | to which the first responder was exposed, can cause the injury |
| 43 | or disease sustained by the employee. |
| 44 | 2. Any adverse result or complication related to a |
| 45 | smallpox vaccination of a first responder is deemed to be an |
| 46 | injury by accident arising out of work performed in the course |
| 47 | and scope of employment. |
| 48 | (b) In cases involving occupational disease, both |
| 49 | causation and sufficient exposure to a specific harmful |
| 50 | substance shown to be present in the workplace to support |
| 51 | causation shall be proven by a preponderance of the evidence. |
| 52 | (3) Permanent total supplemental benefits received by a |
| 53 | first responder whose employer does not participate in the |
| 54 | social security program shall not terminate after the first |
| 55 | responder attains the age of 62. |
| 56 | Section 2. This act shall take effect upon becoming a law. |