Florida Senate - 2018 SB 900 By Senator Flores 16-00168B-18 2018900__ 1 A bill to be entitled 2 An act relating to firefighters; creating s. 112.1816, 3 F.S.; providing definitions; granting certain benefits 4 to a firefighter upon receiving a diagnosis of cancer 5 if certain conditions are met; requiring an employer 6 to make certain disability payments to a firefighter 7 in the event of a total and permanent disability; 8 providing for death benefits to a firefighter’s 9 beneficiary if a firefighter died as a result of 10 cancer or cancer treatments; specifying that any costs 11 associated with benefits granted by the act are to be 12 borne by the employer; requiring the Division of the 13 State Fire Marshal to adopt certain rules; providing a 14 declaration of important state interest; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 112.1816, Florida Statutes, is created 20 to read: 21 112.1816 Firefighters; cancer diagnosis.— 22 (1) As used in this section, the term: 23 (a) “Employer” has the same meaning as in s. 112.191. 24 (b) “Firefighter” means an individual employed as a full 25 time firefighter within the fire department or public safety 26 department of an employer whose primary responsibility is the 27 prevention and extinguishing of fires; the protection of life 28 and property; and the enforcement of municipal, county, and 29 state fire prevention codes and laws pertaining to the 30 prevention and control of fires. 31 (2) Upon a diagnosis of cancer, a firefighter is entitled 32 to the following benefits, at no cost to the firefighter, if the 33 firefighter has been employed by his or her employer for at 34 least 5 continuous years, has not used tobacco products for at 35 least the preceding 5 years, and has not been employed in any 36 other position in the preceding 5 years which is proven to 37 create a higher risk for any cancer: 38 (a) A group health insurance or self-insurance policy that 39 provides cancer treatment using the same health care network as 40 the group health insurance or self-insurance policy provided to 41 all other employees of the employer. The policy, or a rider 42 added to the group health insurance or self-insurance policy, 43 may not require the firefighter to contribute toward any 44 premium, deductible, copayment, or coinsurance amount. The 45 policy must remain available, at no cost to the firefighter, for 46 at least 10 years after the firefighter leaves employment. 47 (b) A cash payout of $25,000. 48 49 For purposes of determining employer policies and the provision 50 of benefits, a firefighter’s cancer diagnosis must be considered 51 an injury or illness incurred in the line of duty by the 52 employer. 53 (3)(a) If the firefighter participates in an employer 54 sponsored retirement plan, the retirement plan must consider the 55 firefighter totally and permanently disabled if he or she is 56 prevented from rendering useful and effective service as a 57 firefighter and is likely to remain disabled continuously and 58 permanently due to the diagnosis of cancer or circumstances 59 arising out of the treatment of cancer. 60 (b) If the firefighter does not participate in an employer 61 sponsored retirement plan, the employer must provide a 62 disability retirement plan that provides the firefighter with at 63 least 42 percent of his or her annual salary, at no cost to the 64 firefighter, until the firefighter’s death as coverage for 65 disabilities attributable to the diagnosis of cancer or 66 disabilities arising out of the treatment of cancer. 67 (4)(a) If the firefighter participated in an employer 68 sponsored retirement plan, the retirement plan must consider the 69 firefighter to have died in the line of duty if he or she dies 70 as a result of cancer or circumstances arising out of the 71 treatment of cancer. 72 (b) If the firefighter did not participate in an employer 73 sponsored retirement plan, the employer must provide a death 74 benefit to the firefighter’s beneficiary, at no cost to the 75 firefighter or his or her beneficiary, totaling at least 42 76 percent of the firefighter’s most recent annual salary for at 77 least 10 years following the firefighter’s death. 78 (c) Firefighters who die as a result of cancer or 79 circumstances arising out of the treatment of cancer are 80 considered to have died in the manner as described in s. 81 112.191(2)(a) and all of the benefits arising out of such death 82 are available to the deceased firefighter’s beneficiary. 83 (5) The costs of purchasing an insurance policy that 84 provides the benefits contained in this section, or the costs of 85 providing such benefits through a self-funded system, must be 86 borne solely by the employer that employs firefighters and may 87 not be funded by individual firefighters, by any group health 88 insurance trust fund funded partially or wholly by firefighters, 89 or by any self-insured trust fund that provides health insurance 90 coverage which is funded partially or wholly by firefighters. 91 (6) The Division of the State Fire Marshal within the 92 Department of Financial Services shall adopt rules to establish 93 employer best practices regarding how to prevent or reduce the 94 incidence of cancer among firefighters. 95 Section 2. The Legislature determines and declares that 96 this act fulfills an important state interest. 97 Section 3. This act shall take effect July 1, 2018.