| 1 | The State Administration Appropriations Committee recommends the | 
| 2 | following: | 
| 3 | 
 | 
| 4 | Council/Committee Substitute | 
| 5 | Remove the entire bill and insert: | 
| 6 | 
 | 
| 7 | A bill to be entitled | 
| 8 | An act relating to workers' compensation for first | 
| 9 | responders; creating s. 112.1815, F.S.; providing a | 
| 10 | definition; providing standard of proof for first | 
| 11 | responders with an injury or disease caused by exposure to | 
| 12 | a toxic substance; providing that any adverse result or | 
| 13 | complication relating to small pox vaccinations is an | 
| 14 | injury by accident arising out of employment for first | 
| 15 | responders; providing standard of proof for first | 
| 16 | responders in cases involving occupational disease; | 
| 17 | providing for the continuation of permanent total | 
| 18 | supplemental benefits after the age of 62 for certain | 
| 19 | first responders; providing an effective date. | 
| 20 | 
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| 21 | Be it enacted by the Legislature of the State of Florida: | 
| 22 | 
 | 
| 23 | Section 1.  Section 112.1815, Florida Statutes, is created | 
| 24 | to read: | 
| 25 | 112.1815  Firefighters, paramedics, emergency medical | 
| 26 | technicians, law enforcement officers; special provisions | 
| 27 | relative to employment-related accidents and injuries.-- | 
| 28 | (1)  The term "first responder" as used in this section | 
| 29 | means a law enforcement officer as defined in s. 943.10, a | 
| 30 | firefighter as defined in s. 633.30, and an emergency medical | 
| 31 | technician or a paramedic as defined in s. 401.23 employed by | 
| 32 | state or local government. A volunteer firefighter engaged by | 
| 33 | state or local government is also considered a first responder | 
| 34 | for purposes of this section. | 
| 35 | (2)(a)  For the purpose of determining benefits of the | 
| 36 | section relating to employment-related accidents and injuries of | 
| 37 | first responders, the following shall apply: | 
| 38 | 1.  An injury or disease caused by the exposure to a toxic | 
| 39 | substance is not an injury by accident arising out of employment | 
| 40 | unless there is a preponderance of the evidence establishing | 
| 41 | that exposure to the specific substance involved, at the levels | 
| 42 | to which the first responder was exposed, can cause the injury | 
| 43 | or disease sustained by the employee. | 
| 44 | 2.  Any adverse result or complication related to a | 
| 45 | smallpox vaccination of a first responder is deemed to be an | 
| 46 | injury by accident arising out of work performed in the course | 
| 47 | and scope of employment. | 
| 48 | (b)  In cases involving occupational disease, both | 
| 49 | causation and sufficient exposure to a specific harmful | 
| 50 | substance shown to be present in the workplace to support | 
| 51 | causation shall be proven by a preponderance of the evidence. | 
| 52 | (3)  Permanent total supplemental benefits received by a | 
| 53 | first responder whose employer does not participate in the | 
| 54 | social security program shall not terminate after the first | 
| 55 | responder attains the age of 62. | 
| 56 | Section 2.  This act shall take effect upon becoming a law. |