Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 456
Ì249998{Î249998
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/16/2016 .
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The Committee on Governmental Oversight and Accountability
(Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 112.1816, Florida Statutes, is created
6 to read:
7 112.1816 Firefighter disability or death from cancer
8 presumed incurred in the line of duty.—
9 (1) DEFINITION.—As used in this section, the term
10 “firefighter” has the same meaning as in s. 112.81.
11 (2) PRESUMPTION; ELIGIBILITY CONDITIONS.—
12 (a) Any condition or impairment of the health of a
13 firefighter employed full time by the state or any municipality,
14 county, port authority, special tax district, or fire control
15 district which is caused by multiple myeloma, non-Hodgkin’s
16 lymphoma, prostate cancer, or testicular cancer and results in
17 total or partial disability or death is presumed to have been
18 accidental and to have been suffered in the line of duty unless
19 the contrary is shown by competent evidence. In order to be
20 entitled to this presumption, the firefighter:
21 1. Must have successfully passed a physical examination
22 administered before the individual began service as a
23 firefighter and which failed to reveal any evidence of such a
24 health condition;
25 2. Must have been employed as a firefighter with his or her
26 current employer for at least 5 continuous years before becoming
27 totally or partially disabled or before his or her death;
28 3. Must not have used tobacco products for at least 5 years
29 before becoming totally or partially disabled or before his or
30 her death; and
31 4. Must not have been employed during the preceding 5 years
32 in any other position that is proven to create a higher risk for
33 multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, or
34 testicular cancer. This includes any other employment as a
35 firefighter at another employing agency within the preceding 5
36 years.
37 (b) An employing agency must provide a physical examination
38 for a firefighter before he or she begins service or immediately
39 thereafter. Notwithstanding subparagraph (a)1., if the employing
40 agency fails to provide a physical examination before the
41 firefighter begins service, or immediately thereafter, the
42 firefighter is entitled to the presumption provided that he or
43 she meets the criteria specified in subparagraphs (a)2., (a)3.,
44 and (a)4.
45 (c) The presumption does not apply to benefits payable
46 under or granted in a life insurance or disability insurance
47 policy unless the insurer and insured have negotiated for the
48 additional benefits to be included in the policy contract.
49 (3) APPLICABILITY.—A firefighter employed on July 1, 2016,
50 is not required to meet the physical examination requirement in
51 subsection (2) in order to be entitled to the presumption set
52 forth in this section.
53 Section 2. The Legislature shall review the current status
54 of research programs, funded wholly or in part by the General
55 Appropriations Act, which study the incidence of cancer in
56 firefighters before the convening of the 2017 Regular Session of
57 the Legislature to determine whether any further statutory
58 changes to this act are necessary.
59 Section 3. (1) In order to fund the benefit changes
60 provided in this act, the required employer contribution rate
61 for members of the Florida Retirement System established in s.
62 121.71(4), Florida Statutes, for the Special Risk Class is
63 increased by 0.01 percentage point.
64 (2) The adjustment provided in subsection (1) is in
65 addition to any other changes to such contribution rates which
66 may be enacted into law to take effect on July 1, 2016. The
67 Division of Law Revision and Information is directed to adjust
68 accordingly the contribution rates provided in s. 121.71,
69 Florida Statutes.
70 Section 4. The Legislature determines and declares that
71 this act fulfills an important state interest.
72 Section 5. This act shall take effect July 1, 2016.
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete everything before the enacting clause
77 and insert:
78 A bill to be entitled
79 An act relating to firefighters; creating s. 112.1816,
80 F.S.; defining the term “firefighter”; establishing a
81 presumption as to a firefighter’s condition or
82 impairment of health caused by certain types of cancer
83 while in the line of duty; specifying criteria a
84 firefighter must meet to be entitled to the
85 presumption; requiring an employing agency to provide
86 a physical examination for a firefighter; specifying
87 circumstances under which the presumption does not
88 apply; providing for applicability; requiring the
89 Legislature to review specified cancer research
90 programs by a certain date; providing for an employer
91 contribution rate increase to fund changes made by the
92 act; providing a directive to the Division of Law
93 Revision and Information; providing a declaration of
94 important state interest; providing an effective date.