HB 0035CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.