Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 900
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2018           .                                

       The Committee on Governmental Oversight and Accountability
       (Flores) recommended the following:
    1         Senate Amendment (with title amendment)
    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 Firefighters; cancer diagnosis.—
    8         (1) As used in this section, the term:
    9         (a) “Employer” has the same meaning as in s. 112.191.
   10         (b) “Firefighter” means an individual employed as a full
   11  time firefighter within the fire department or public safety
   12  department of an employer whose primary responsibility is the
   13  prevention and extinguishing of fires; the protection of life
   14  and property; and the enforcement of municipal, county, and
   15  state fire prevention codes and laws pertaining to the
   16  prevention and control of fires.
   17         (2) Upon a diagnosis of cancer, a firefighter is entitled
   18  to the following benefits, as an alternative to pursuing
   19  workers’ compensation benefits under chapter 440, if the
   20  firefighter has been employed by his or her employer for at
   21  least 5 continuous years, has not used tobacco products for at
   22  least the preceding 5 years, and has not been employed in any
   23  other position in the preceding 5 years which is proven to
   24  create a higher risk for any cancer:
   25         (a) Cancer treatment, at no cost to the firefighter,
   26  covered within an employer-sponsored health plan or through a
   27  group health insurance trust fund. The health plan, trust fund,
   28  or insurance policy, or a rider added to such policy, may not
   29  require the firefighter to contribute toward any deductible,
   30  copayment, or coinsurance amount for the treatment of cancer.
   31  The employer may timely reimburse the firefighter for out-of
   32  pocket deductible, copayment, or coinsurance costs incurred by
   33  the firefighter in complying with this paragraph.
   34         (b) A one-time cash payout of $25,000, upon the
   35  firefighter’s initial diagnosis of cancer.
   37  The benefits specified in paragraphs (a) and (b) must be made
   38  available by a former employer of a firefighter for 10 years
   39  following the date that the firefighter terminates employment,
   40  so long as the firefighter otherwise met the criteria specified
   41  in this subsection when he or she terminated employment and was
   42  not subsequently employed as a firefighter following that date.
   43  For purposes of determining leave time and employee retention
   44  policies, a firefighter’s cancer diagnosis must be considered an
   45  injury or illness incurred in the line of duty by the employer.
   46         (3)(a) If the firefighter participates in an employer
   47  sponsored retirement plan, the retirement plan must consider the
   48  firefighter totally and permanently disabled if he or she is
   49  prevented from rendering useful and effective service as a
   50  firefighter and is likely to remain disabled continuously and
   51  permanently due to the diagnosis of cancer or circumstances
   52  arising out of the treatment of cancer.
   53         (b) If the firefighter does not participate in an employer
   54  sponsored retirement plan, the employer must provide a
   55  disability retirement plan that provides the firefighter with at
   56  least 42 percent of his or her annual salary, at no cost to the
   57  firefighter, until the firefighter’s death as coverage for total
   58  and permanent disabilities attributable to the diagnosis of
   59  cancer arising out of the treatment of cancer.
   60         (4)(a) If the firefighter participated in an employer
   61  sponsored retirement plan, the retirement plan must consider the
   62  firefighter to have died in the line of duty if he or she dies
   63  as a result of cancer or circumstances arising out of the
   64  treatment of cancer.
   65         (b) If the firefighter did not participate in an employer
   66  sponsored retirement plan, the employer must provide a death
   67  benefit to the firefighter’s beneficiary, at no cost to the
   68  firefighter or his or her beneficiary, totaling at least 42
   69  percent of the firefighter’s most recent annual salary for at
   70  least 10 years following the firefighter’s death as a result of
   71  cancer or circumstances arising out of the treatment of cancer.
   72         (c) Firefighters who die as a result of cancer or
   73  circumstances arising out of the treatment of cancer are
   74  considered to have died in the manner as described in s.
   75  112.191(2)(a) and all of the benefits arising out of such death
   76  are available to the deceased firefighter’s beneficiary.
   77         (5) The costs of purchasing an insurance policy that
   78  provides the cancer benefits contained in this section, or the
   79  costs of providing such benefits through a self-funded system,
   80  must be borne solely by the employer that employs firefighters
   81  and may not be funded by individual firefighters, by any group
   82  health insurance trust fund funded partially or wholly by
   83  firefighters, or by any self-insured trust fund that provides
   84  health insurance coverage which is funded partially or wholly by
   85  firefighters.
   86         (6) The Division of State Fire Marshal within the
   87  Department of Financial Services shall adopt rules to establish
   88  employer cancer prevention best practices as it relates to
   89  personal protective equipment, decontamination, fire suppression
   90  apparatus, and fire stations.
   91         Section 2. The Legislature determines and declares that
   92  this act fulfills an important state interest.
   93         Section 3. This act shall take effect July 1, 2018.
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete everything before the enacting clause
   98  and insert:
   99                        A bill to be entitled                      
  100         An act relating to firefighters; creating s. 112.1816,
  101         F.S.; providing definitions; granting certain benefits
  102         to a firefighter upon receiving a diagnosis of cancer
  103         if certain conditions are met; requiring an employer
  104         to make certain disability payments to a firefighter
  105         in the event of a total and permanent disability;
  106         providing for death benefits to a firefighter’s
  107         beneficiary if a firefighter died as a result of
  108         cancer or cancer treatments; specifying that any costs
  109         associated with benefits granted by the act are to be
  110         borne by the employer; requiring the Division of State
  111         Fire Marshal to adopt certain rules; providing a
  112         declaration of important state interest; providing an
  113         effective date.