| 1 | Representative Ross offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Remove everything after the enacting clause and insert: | 
| 5 | Section 1.  Subsection (4) is added to section 440.091, | 
| 6 | Florida Statutes, to read: | 
| 7 | 440.091  Law enforcement officer, firefighter, emergency | 
| 8 | medical technician, or paramedic; when acting within the course | 
| 9 | of employment.-- | 
| 10 | (4)(a)  The term "first responder" as used in this | 
| 11 | subsection means a law enforcement officer as defined in s. | 
| 12 | 943.10, a firefighter as defined in s. 633.30, or an emergency | 
| 13 | medical technician or paramedic as defined in s. 401.23 employed | 
| 14 | by state or local government. A volunteer firefighter engaged by | 
| 15 | state or local government is also considered a first responder | 
| 16 | for purposes of this subsection. | 
| 17 | (b)  For the purpose of determining benefits under this | 
| 18 | chapter relating to employment-related accidents and injuries of | 
| 19 | first responders, the following shall apply: | 
| 20 | 1.  An injury or disease caused by the exposure to a toxic | 
| 21 | substance is not an injury by accident arising out of employment | 
| 22 | unless there is a preponderance of the evidence establishing | 
| 23 | that exposure to the specific substance involved, at the levels | 
| 24 | to which the first responder was exposed, can cause the injury | 
| 25 | or disease sustained by the employee. | 
| 26 | 2.  Any adverse medical condition caused by a smallpox | 
| 27 | vaccination of a first responder is deemed to be an injury by | 
| 28 | accident arising out of work performed in the course and scope | 
| 29 | of employment. | 
| 30 | 3.  In cases involving occupational disease, both causation | 
| 31 | and sufficient exposure to a specific harmful substance shown to | 
| 32 | be present in the workplace to support causation shall be proven | 
| 33 | by a preponderance of the evidence. | 
| 34 | (c)  Permanent total supplemental benefits under s. | 
| 35 | 440.15(1)(f) received by a first responder whose employer does | 
| 36 | not participate in the social security program shall not | 
| 37 | terminate after the first responder attains the age of 62. | 
| 38 | (d)  For the purposes of this subsection, the term | 
| 39 | "occupational disease" means only a disease that is due to | 
| 40 | causes and conditions that are characteristic of and peculiar to | 
| 41 | a particular trade, occupation, process, or employment and | 
| 42 | excludes all ordinary diseases of life to which the general | 
| 43 | public is exposed, unless the incidence of the disease is | 
| 44 | substantially higher in the particular trade, occupation, | 
| 45 | process, or employment than for the general public. | 
| 46 | Section 2.  The Legislature finds that this act fulfills an | 
| 47 | important state interest. | 
| 48 | Section 3.  This act shall take effect October 1, 2006. | 
| 49 | 
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| 50 | ======= T I T L E  A M E N D M E N T ========== | 
| 51 | Remove the entire title and insert: | 
| 52 | A bill to be entitled | 
| 53 | An act relating to workers' compensation for first | 
| 54 | responders; amending s. 440.091, F.S.; providing a | 
| 55 | definition of the term "first responder"; providing a | 
| 56 | standard of proof for certain injuries and diseases in | 
| 57 | certain workers' compensation claims; providing that | 
| 58 | certain adverse results and complications are injuries by | 
| 59 | accident arising out of employment; providing for the | 
| 60 | continuation of permanent total supplemental benefits for | 
| 61 | certain first responders; providing a definition of the | 
| 62 | term "occupational disease"; providing legislative | 
| 63 | findings; providing an effective date. |