Amendment
Bill No. 0346
Amendment No. 438779
CHAMBER ACTION
Senate House
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1Representative Ross offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (4) is added to section 440.091,
6Florida Statutes, to read:
7     440.091  Law enforcement officer, firefighter, emergency
8medical technician, or paramedic; when acting within the course
9of employment.--
10     (4)(a)  The term "first responder" as used in this
11subsection means a law enforcement officer as defined in s.
12943.10, a firefighter as defined in s. 633.30, or an emergency
13medical technician or paramedic as defined in s. 401.23 employed
14by state or local government. A volunteer firefighter engaged by
15state or local government is also considered a first responder
16for purposes of this subsection.
17     (b)  For the purpose of determining benefits under this
18chapter relating to employment-related accidents and injuries of
19first responders, the following shall apply:
20     1.  An injury or disease caused by the exposure to a toxic
21substance is not an injury by accident arising out of employment
22unless there is a preponderance of the evidence establishing
23that exposure to the specific substance involved, at the levels
24to which the first responder was exposed, can cause the injury
25or disease sustained by the employee.
26     2.  Any adverse medical condition caused by a smallpox
27vaccination of a first responder is deemed to be an injury by
28accident arising out of work performed in the course and scope
29of employment.
30     3.  In cases involving occupational disease, both causation
31and sufficient exposure to a specific harmful substance shown to
32be present in the workplace to support causation shall be proven
33by a preponderance of the evidence.
34     (c)  Permanent total supplemental benefits under s.
35440.15(1)(f) received by a first responder whose employer does
36not participate in the social security program shall not
37terminate after the first responder attains the age of 62.
38     (d)  For the purposes of this subsection, the term
39"occupational disease" means only a disease that is due to
40causes and conditions that are characteristic of and peculiar to
41a particular trade, occupation, process, or employment and
42excludes all ordinary diseases of life to which the general
43public is exposed, unless the incidence of the disease is
44substantially higher in the particular trade, occupation,
45process, or employment than for the general public.
46     Section 2.  The Legislature finds that this act fulfills an
47important state interest.
48     Section 3.  This act shall take effect October 1, 2006.
49
50======= T I T L E  A M E N D M E N T ==========
51     Remove the entire title and insert:
52
A bill to be entitled
53An act relating to workers' compensation for first
54responders; amending s. 440.091, F.S.; providing a
55definition of the term "first responder"; providing a
56standard of proof for certain injuries and diseases in
57certain workers' compensation claims; providing that
58certain adverse results and complications are injuries by
59accident arising out of employment; providing for the
60continuation of permanent total supplemental benefits for
61certain first responders; providing a definition of the
62term "occupational disease"; providing legislative
63findings; providing an effective date.


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