Senate Bill sb1932

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    Florida Senate - 2004                                  SB 1932

    By Senator Atwater





    25-1193-04

  1                      A bill to be entitled

  2         An act relating to firefighters; creating s.

  3         112.183, F.S.; providing that death or

  4         disability due to certain types of cancer

  5         suffered by a firefighter employed by the state

  6         or its political subdivisions is presumed

  7         accidental and suffered in the line of duty

  8         under certain conditions; authorizing purchase

  9         of insurance by local governments; providing

10         criteria for physical exams for firefighters;

11         requiring the employing agency to keep records

12         and notify firefighters of their reported

13         exposure to known carcinogens; providing that

14         firefighters employed on the effective date of

15         the act need not comply with

16         physical-examination requirements; providing an

17         effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 112.183, Florida Statutes, is

22  created to read:

23         112.183  Firefighters; special provisions relative to

24  cancer.--

25         (1)  Any condition or impairment of health of a

26  firefighter employed full time by the state or any

27  municipality, county, port authority, special tax district, or

28  fire control district which is caused by cancer and results in

29  total or partial disability or death is presumed to have been

30  accidental and to have been suffered in the line of duty,

31  unless the contrary is shown by competent evidence. However,

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    Florida Senate - 2004                                  SB 1932
    25-1193-04




 1  the firefighter must have successfully passed a physical

 2  examination before entering into service as a firefighter,

 3  which examination failed to reveal any evidence of any such

 4  condition. If the employing agency fails to provide a physical

 5  examination before the firefighter enters service, the

 6  firefighter must successfully pass a physical examination

 7  given after he enters service.  The presumption does not apply

 8  to benefits payable under or granted in a policy of life

 9  insurance or disability insurance, unless the insurer and

10  insured have negotiated for the additional benefits to be

11  included in the policy contract.

12         (2)  The governmental entities set forth in subsection

13  (1) may negotiate policy contracts for life and disability

14  insurance which include accidental death benefits or double

15  indemnity coverage and which include the presumption that any

16  condition or impairment of health of any firefighter caused by

17  leukemia, lymphoma, multiple myeloma, melanoma, or cancers of

18  the respiratory system, digestive system, genitourinary tract,

19  or brain resulting in total or partial disability or death was

20  accidental and suffered in the line of duty unless the

21  contrary is shown by competent evidence.

22         (3)  A physical examination administered pursuant to

23  subsection (1) must include at least the following tests, as

24  appropriate for the gender of the examinee:

25         (a)  Physical breast examination and mammogram for

26  female breast cancer.

27         (b)  Digital rectal examination, proctosigmoidoscopy,

28  and blood stool test for colon and rectum cancer.

29         (c)  Rectal examination for prostate cancer.

30         (d)  Pap test for uterine cancer.

31         (e)  Pelvic examination for ovarian cancer.

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    Florida Senate - 2004                                  SB 1932
    25-1193-04




 1         (f)  Radiographic examination for lung cancer.

 2         (4)  The employing agency shall maintain a record of

 3  any reported exposure of a firefighter to a known carcinogen

 4  as defined by the International Agency for Research on Cancer

 5  and must notify the firefighter of the exposure within 48

 6  hours after the exposure is reported.

 7         Section 2.  A firefighter employed on the effective

 8  date of this section is not required to meet the provisions of

 9  section 112.183, Florida Statutes, as to a physical

10  examination.

11         Section 3.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides that death or disability due to specified types
      of cancer suffered by a firefighter employed full time by
17    the state, a municipality, county, port authority,
      special tax district, or fire control district is
18    presumed to be accidental and suffered in the line of
      duty unless the contrary is shown by competent evidence.
19    The firefighter must have successfully passed a physical
      exam given before or after employment which failed to
20    reveal any evidence of a cancerous condition.  The
      presumption does not apply to insurance contracts unless
21    specifically provided. Authorizes such governmental
      entities to negotiate contracts for life and disability
22    insurance which include this presumption. Prescribes
      types of examinations to be included in a physical
23    examination. Requires employers to keep records and to
      notify firefighters of their reported exposure to known
24    carcinogens. Provides that firefighters employed on the
      effective date of this act need not comply with the
25    physical-examination requirements of the act.

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