Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 900
Ì516282*Î516282
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2018 .
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The Committee on Governmental Oversight and Accountability
(Flores) 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 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.
36
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.
94
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.