Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 426
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Flores) recommended the
    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) “Cancer” includes:
   10         1. Bladder cancer.
   11         2. Brain cancer.
   12         3. Breast cancer.
   13         4. Cervical cancer.
   14         5. Colon cancer.
   15         6. Esophageal cancer.
   16         7. Invasive skin cancer.
   17         8. Kidney cancer.
   18         9. Large intestinal cancer.
   19         10. Lung cancer.
   20         11. Malignant melanoma.
   21         12. Mesothelioma.
   22         13. Multiple myeloma.
   23         14. Non-Hodgkin’s lymphoma.
   24         15. Oral cavity and pharynx cancer.
   25         16. Ovarian cancer.
   26         17. Prostate cancer.
   27         18. Rectal cancer.
   28         19. Stomach cancer.
   29         20. Testicular cancer.
   30         21. Thyroid cancer.
   31         (b) “Employer” has the same meaning as in s. 112.191.
   32         (c) “Firefighter” means an individual employed as a full
   33  time firefighter within the fire department or public safety
   34  department of an employer whose primary responsibilities are the
   35  prevention and extinguishing of fires; the protection of life
   36  and property; and the enforcement of municipal, county, and
   37  state fire prevention codes and laws pertaining to the
   38  prevention and control of fires.
   39         (2) Upon a diagnosis of cancer, a firefighter is entitled
   40  to the following benefits, as an alternative to pursuing
   41  workers’ compensation benefits under chapter 440, if the
   42  firefighter has been employed by his or her employer for at
   43  least 5 continuous years, has not used tobacco products for at
   44  least the preceding 5 years, and has not been employed in any
   45  other position in the preceding 5 years which is proven to
   46  create a higher risk for any cancer:
   47         (a) Cancer treatment covered within an employer-sponsored
   48  health plan or through a group health insurance trust fund. The
   49  employer must timely reimburse the firefighter for any out-of
   50  pocket deductible, copayment, or coinsurance costs incurred due
   51  to the treatment of cancer.
   52         (b) A one-time cash payout of $25,000, upon the
   53  firefighter’s initial diagnosis of cancer.
   55  If the firefighter elects to continue coverage in the employer
   56  sponsored health plan or group health insurance trust fund after
   57  he or she terminates employment, the benefits specified in
   58  paragraphs (a) and (b) must be made available by the former
   59  employer of a firefighter for 10 years following the date on
   60  which the firefighter terminates employment so long as the
   61  firefighter otherwise met the criteria specified in this
   62  subsection when he or she terminated employment and was not
   63  subsequently employed as a firefighter following that date. For
   64  purposes of determining leave time and employee retention
   65  policies, the employer must consider a firefighter’s cancer
   66  diagnosis as an injury or illness incurred in the line of duty.
   67         (3)(a) If the firefighter participates in an employer
   68  sponsored retirement plan, the retirement plan must consider the
   69  firefighter totally and permanently disabled in the line of duty
   70  if he or she meets the retirement plan’s definition of totally
   71  and permanently disabled due to the diagnosis of cancer or
   72  circumstances that arise out of the treatment of cancer.
   73         (b) If the firefighter does not participate in an employer
   74  sponsored retirement plan, the employer must provide a
   75  disability retirement plan that provides the firefighter with at
   76  least 42 percent of his or her annual salary, at no cost to the
   77  firefighter, until the firefighter’s death, as coverage for
   78  total and permanent disabilities attributable to the diagnosis
   79  of cancer which arise out of the treatment of cancer.
   80         (4)(a) If the firefighter participated in an employer
   81  sponsored retirement plan, the retirement plan must consider the
   82  firefighter to have died in the line of duty if he or she dies
   83  as a result of cancer or circumstances that arise out of the
   84  treatment of cancer.
   85         (b) If the firefighter did not participate in an employer
   86  sponsored retirement plan, the employer must provide a death
   87  benefit to the firefighter’s beneficiary, at no cost to the
   88  firefighter or his or her beneficiary, totaling at least 42
   89  percent of the firefighter’s most recent annual salary for at
   90  least 10 years following the firefighter’s death as a result of
   91  cancer or circumstances that arise out of the treatment of
   92  cancer.
   93         (c) Firefighters who die as a result of cancer or
   94  circumstances that arise out of the treatment of cancer are
   95  considered to have died in the manner as described in s.
   96  112.191(2)(a), and all of the benefits arising out of such death
   97  are available to the deceased firefighter’s beneficiary.
   98         (5) The costs of providing the reimbursement, lump sum, and
   99  retirement benefits made available under this section must be
  100  borne solely by the employer that employs firefighters.
  101         (6) The Division of State Fire Marshal within the
  102  Department of Financial Services shall adopt rules to establish
  103  employer cancer prevention best practices as it relates to
  104  personal protective equipment, decontamination, fire suppression
  105  apparatus, and fire stations.
  106         Section 2. The Legislature determines and declares that
  107  this act fulfills an important state interest.
  108         Section 3. This act shall take effect July 1, 2019.
  110  ================= T I T L E  A M E N D M E N T ================
  111  And the title is amended as follows:
  112         Delete everything before the enacting clause
  113  and insert:
  114                        A bill to be entitled                      
  115         An act relating to firefighters; creating s. 112.1816,
  116         F.S.; providing definitions; granting certain benefits
  117         to a firefighter upon receiving a diagnosis of cancer
  118         if certain conditions are met; requiring an employer
  119         to make certain disability payments to a firefighter
  120         in the event of a total and permanent disability;
  121         providing for death benefits to a firefighter’s
  122         beneficiary if a firefighter dies as a result of
  123         cancer or cancer treatments; specifying that any costs
  124         associated with benefits granted by the act must be
  125         borne by the employer; requiring the Division of State
  126         Fire Marshal to adopt certain rules; providing a
  127         declaration of important state interest; providing an
  128         effective date.