| 1 | The Domestic Security Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to compensation for impairment of |
| 8 | emergency response personnel; amending s. 112.18, F.S.; |
| 9 | providing a standard of proof for certain emergency |
| 10 | response personnel with an injury or disease caused by |
| 11 | exposure to a toxic substance; providing that any adverse |
| 12 | result or complication relating to smallpox vaccinations |
| 13 | is an injury by accident arising out of employment for |
| 14 | certain emergency response personnel; providing a standard |
| 15 | of proof for certain emergency response personnel in cases |
| 16 | involving occupational disease; providing for the |
| 17 | continuation of permanent total supplemental benefits |
| 18 | after the age of 62 for certain emergency response |
| 19 | personnel; providing a method for determining attorney's |
| 20 | fees; providing a definition of the term "occupational |
| 21 | disease"; providing an effective date. |
| 22 |
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| 23 | Be it enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 112.18, Florida Statutes, is amended to |
| 26 | read: |
| 27 | 112.18 Firefighters, paramedics, emergency medical |
| 28 | technicians, and law enforcement or correctional officers; |
| 29 | special provisions relative to disability.-- |
| 30 | (1) Any condition or impairment of health of any Florida |
| 31 | state, municipal, county, port authority, special tax district, |
| 32 | or fire control district firefighter or any law enforcement |
| 33 | officer or correctional officer as defined in s. 943.10(1), (2), |
| 34 | or (3) caused by tuberculosis, heart disease, or hypertension |
| 35 | resulting in total or partial disability or death shall be |
| 36 | presumed to have been accidental and to have been suffered in |
| 37 | the line of duty unless the contrary be shown by competent |
| 38 | evidence. However, any such firefighter or law enforcement |
| 39 | officer shall have successfully passed a physical examination |
| 40 | upon entering into any such service as a firefighter or law |
| 41 | enforcement officer, which examination failed to reveal any |
| 42 | evidence of any such condition. Such presumption shall not apply |
| 43 | to benefits payable under or granted in a policy of life |
| 44 | insurance or disability insurance, unless the insurer and |
| 45 | insured have negotiated for such additional benefits to be |
| 46 | included in the policy contract. |
| 47 | (2) Any condition or impairment of health of any law |
| 48 | enforcement officer as defined in s. 943.10, firefighter as |
| 49 | defined in s. 633.30, or emergency medical technician or |
| 50 | paramedic as defined in s. 401.23 who is employed by the state |
| 51 | or a local governmental unit as defined in s. 112.08, or any |
| 52 | volunteer firefighter as defined in s. 175.032 who is engaged by |
| 53 | the state or a local governmental unit, that is caused by: |
| 54 | (a) Exposure to a toxic substance must be established to |
| 55 | have been an accident arising out of employment by a |
| 56 | preponderance of the evidence showing that exposure to the |
| 57 | specific substance involved, at the levels to which the employee |
| 58 | was exposed, can cause the condition or impairment of health |
| 59 | sustained by the employee. |
| 60 | (b) Any adverse result or complication related to a |
| 61 | smallpox vaccination is deemed to be an injury by accident |
| 62 | arising out of work performed in the course and scope of |
| 63 | employment. |
| 64 |
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| 65 | In cases involving occupational disease of any law enforcement |
| 66 | officer as defined in s. 943.10, firefighter as defined in s. |
| 67 | 633.30, emergency medical technician or paramedic as defined in |
| 68 | s. 401.23 who is employed by the state or a local governmental |
| 69 | unit as defined in s. 112.08, or any volunteer firefighter as |
| 70 | defined in s. 175.032 who is engaged by the state or a local |
| 71 | governmental unit, both causation and sufficient exposure to a |
| 72 | specific harmful substance shown to be present in the workplace |
| 73 | to support causation shall be proven by a preponderance of the |
| 74 | evidence. Such burdens or standards of proof shall not apply to |
| 75 | benefits payable under or granted in a policy of life insurance |
| 76 | or disability insurance, unless the insurer and insured have |
| 77 | negotiated for such additional benefits to be included in the |
| 78 | policy contract. |
| 79 | (3)(2) This section shall be construed to authorize the |
| 80 | above governmental entities to negotiate policy contracts for |
| 81 | life and disability insurance to include accidental death |
| 82 | benefits or double indemnity coverage which shall include the |
| 83 | presumption that any condition or impairment of health of any |
| 84 | firefighter, law enforcement officer, or correctional officer |
| 85 | caused by tuberculosis, heart disease, or hypertension resulting |
| 86 | in total or partial disability or death was accidental and |
| 87 | suffered in the line of duty, unless the contrary be shown by |
| 88 | competent evidence. |
| 89 | (4) Permanent total supplemental benefits received by a |
| 90 | state or local government employed law enforcement officer as |
| 91 | defined in s. 943.10, firefighter as defined in s. 633.30, or |
| 92 | emergency medical technician or paramedic as defined in s. |
| 93 | 401.23, or any volunteer firefighter as defined in s. 175.032 |
| 94 | who is engaged by state or local government whose employer does |
| 95 | not participate in the Social Security program, shall not |
| 96 | terminate after the employee attains the age of 62. |
| 97 | (5) The finder of fact and law is not bound by any |
| 98 | statutory provision regarding attorney's fees relating to the |
| 99 | provision of indemnity or medical benefits for employment- |
| 100 | related accidents or injuries involving exposure to a toxic |
| 101 | substance or occupational disease, but must consider the |
| 102 | following factors when awarding an attorney's fee: |
| 103 | (a) The time and labor required, the novelty and |
| 104 | difficulty of the questions involved, and the skill required to |
| 105 | perform the legal service properly. |
| 106 | (b) The fee customarily charged in the locality for |
| 107 | similar legal services. |
| 108 | (c) The amount involved in the controversy and the |
| 109 | benefits payable to the claimant. |
| 110 | (d) The time limitations imposed by the claimant or the |
| 111 | circumstances. |
| 112 | (e) The experience, reputation, and ability of the |
| 113 | attorney or attorneys performing services. |
| 114 | (f) The contingency or certainty of a fee. |
| 115 | (6) For the purposes of this section, the term |
| 116 | "occupational disease" means only a disease which is due to |
| 117 | causes and conditions that are characteristic of and peculiar to |
| 118 | a particular trade, occupation, process, or employment, and |
| 119 | excludes all ordinary diseases of life to which the general |
| 120 | public is exposed, unless the incidence of the disease is |
| 121 | substantially higher in the particular trade, occupation, |
| 122 | process, or employment than for the general public. |
| 123 | Section 2. This act shall take effect upon becoming a law. |