Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1744
                        Barcode 093430
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Alexander) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 112.1815, Florida Statutes, is
19  created to read:
20         112.1815  Firefighters, paramedics, emergency medical
21  technicians, law enforcement officers; special provisions
22  relative to employment-related accidents and injuries.--
23         (1)  The term "first responder" as used in this section
24  means a law enforcement officer as defined in s. 943.10, a
25  firefighter as defined in s. 633.30, and an emergency medical
26  technician or a paramedic as defined in s. 401.23 employed by
27  state or local government. A volunteer firefighter engaged by
28  state or local government is also considered a first responder
29  for purposes of this section.
30         (2)(a)  For the purpose of determining benefits of the
31  section relating to employment-related accidents and injuries
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    11:29 AM   04/05/05                            s1744d-bi17-c3t

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1744 Barcode 093430 1 of first responders, the following shall apply: 2 1. An injury or disease caused by the exposure to a 3 toxic substance is not an injury by accident arising out of 4 employment unless there is a preponderance of the evidence 5 establishing that exposure to the specific substance involved, 6 at the levels to which the first responder was exposed, can 7 cause the injury or disease sustained by the employee. 8 2. Any adverse result or complication caused by a 9 smallpox vaccination of a first responder is deemed to be an 10 injury by accident arising out of work performed in the course 11 and scope of employment. 12 3. A mental or nervous injury involving a first 13 responder and occurring as a manifestation of a compensable 14 injury must be demonstrated by clear and convincing evidence. 15 For a mental or nervous injury involving a first responder, 16 payment of medical benefits under chapter 440 shall be made 17 even if the first responder's mental or nervous injury is 18 unaccompanied by a physical injury. However, payment of 19 indemnity as provided in s. 440.15 may not be made unless a 20 physical injury accompanies the mental or nervous injury. 21 Benefits for a first responder are not subject to any 22 limitation on temporary benefits under s. 440.093 or any 23 limitation on permanent impairment benefits under s. 24 440.15(3)(c). 25 (b) In cases involving occupational disease, both 26 causation and sufficient exposure to a specific harmful 27 substance shown to be present in the workplace to support 28 causation shall be proven by a preponderance of the evidence. 29 (3) Permanent total supplemental benefits received by 30 a first responder whose employer does not participate in the 31 social security program shall not terminate after the first 2 11:29 AM 04/05/05 s1744d-bi17-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1744 Barcode 093430 1 responder attains the age of 62. 2 (4) In cases involving first responders having an 3 alleged exposure to toxic substances or an occupational 4 disease, payment for attorney's fees shall be made as provided 5 in s. 440.34, except that the amount of such fee shall be a 6 reasonable fee after considering all relevant factors, and the 7 limitations specified in s. 440.34(1) and (7) do not apply. 8 Section 2. The Legislature finds that this act 9 fulfills an important state interest. 10 Section 3. This act shall take effect upon becoming a 11 law. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to workers' compensation for 21 first responders; creating s. 112.1815, F.S.; 22 providing a definition; providing standard of 23 proof for first responders with an injury or 24 disease caused by exposure to a toxic 25 substance; providing that any adverse result or 26 complication relating to small pox vaccinations 27 is an injury by accident arising out of 28 employment for first responders; providing 29 standard of proof for first responders in cases 30 involving occupational disease; providing for 31 the continuation of permanent total 3 11:29 AM 04/05/05 s1744d-bi17-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1744 Barcode 093430 1 supplemental benefits after the age of 62 for 2 certain first responders; revising attorney's 3 fees for first responders in cases involving 4 exposure to toxic substances or occupational 5 diseases; providing that the act fulfills an 6 important state interest; providing an 7 effective date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 11:29 AM 04/05/05 s1744d-bi17-c3t