Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1744
Barcode 093430
CHAMBER ACTION
Senate House
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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
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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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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
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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.
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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
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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
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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 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.
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