Florida Senate - 2017                                     SB 158
       By Senator Latvala
       16-00185-17                                            2017158__
    1                        A bill to be entitled                      
    2         An act relating to firefighters; creating s. 112.1816,
    3         F.S.; defining the term “firefighter”; establishing a
    4         presumption as to a firefighter’s condition or
    5         impairment of health caused by certain types of cancer
    6         he or she contracts in the line of duty; specifying
    7         criteria a firefighter must meet to be entitled to the
    8         presumption; requiring an employing agency to provide
    9         a physical examination for a firefighter; specifying
   10         circumstances under which the presumption does not
   11         apply; providing for applicability; requiring the
   12         Legislature to review specified cancer research
   13         programs by a certain date; providing for an employer
   14         contribution rate increase to fund changes made by the
   15         act; providing a directive to the Division of Law
   16         Revision and Information; providing a declaration of
   17         important state interest; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 112.1816, Florida Statutes, is created
   22  to read:
   23         112.1816 Firefighter disability or death from cancer
   24  presumed contracted in the line of duty.—
   25         (1) DEFINITION.—As used in this section, the term
   26  “firefighter” has the same meaning as in s. 112.81.
   28         (a) Any condition or impairment of the health of a
   29  firefighter employed full time by the state or any municipality,
   30  county, port authority, special tax district, or fire control
   31  district which is caused by multiple myeloma, non-Hodgkin’s
   32  lymphoma, prostate cancer, or testicular cancer and results in
   33  total or partial disability or death is presumed to have been
   34  accidental and to have been contracted in the line of duty
   35  unless the contrary is shown by competent evidence. In order to
   36  be entitled to this presumption, the firefighter:
   37         1. Must have successfully passed a physical examination
   38  administered before the individual began service as a
   39  firefighter and which failed to reveal any evidence of such a
   40  health condition;
   41         2. Must have been employed as a firefighter with his or her
   42  current employer for at least 5 continuous years before becoming
   43  totally or partially disabled or before his or her death;
   44         3. Must not have used tobacco products for at least 5 years
   45  before becoming totally or partially disabled or before his or
   46  her death; and
   47         4. Must not have been employed during the preceding 5 years
   48  in any other position that is proven to create a higher risk for
   49  multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, or
   50  testicular cancer. This includes any other employment as a
   51  firefighter at another employing agency within the preceding 5
   52  years.
   53         (b) An employing agency must provide a physical examination
   54  for a firefighter before he or she begins service or immediately
   55  thereafter. Notwithstanding subparagraph (a)1., if the employing
   56  agency fails to provide a physical examination before the
   57  firefighter begins service, or immediately thereafter, the
   58  firefighter is entitled to the presumption, provided that he or
   59  she meets the criteria specified in subparagraphs (a)2., (a)3.,
   60  and (a)4.
   61         (c) The presumption does not apply to benefits payable
   62  under or granted in a life insurance or disability insurance
   63  policy unless the insurer and insured have negotiated for the
   64  additional benefits to be included in the policy contract.
   65         (3) APPLICABILITY.—A firefighter employed on July 1, 2017,
   66  is not required to meet the physical examination requirement in
   67  subsection (2) in order to be entitled to the presumption set
   68  forth in this section.
   69         Section 2. The Legislature shall review the current status
   70  of research programs, funded wholly or in part by the General
   71  Appropriations Act, which study the incidence of cancer in
   72  firefighters. This review must be conducted before the convening
   73  of the 2018 Regular Session of the Legislature to determine
   74  whether any further statutory changes to this act are necessary.
   75         Section 3. (1) In order to fund the benefit changes
   76  provided in this act, the required employer contribution rate
   77  for members of the Florida Retirement System established in s.
   78  121.71(4), Florida Statutes, for the Special Risk Class is
   79  increased by 0.01 percentage point.
   80         (2) The adjustment provided in subsection (1) is in
   81  addition to any other changes to such contribution rates which
   82  may be enacted into law to take effect on July 1, 2017. The
   83  Division of Law Revision and Information is directed to adjust
   84  accordingly the contribution rates provided in s. 121.71,
   85  Florida Statutes.
   86         Section 4. The Legislature determines and declares that
   87  this act fulfills an important state interest.
   88         Section 5. This act shall take effect July 1, 2017.