| 1 | Representative Ross offered the following: |
| 2 |
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| 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, |
| 6 | Florida Statutes, to read: |
| 7 | 440.091 Law enforcement officer, firefighter, emergency |
| 8 | medical technician, or paramedic; when acting within the course |
| 9 | of employment.-- |
| 10 | (4)(a) The term "first responder" as used in this |
| 11 | subsection means a law enforcement officer as defined in s. |
| 12 | 943.10, a firefighter as defined in s. 633.30, or an emergency |
| 13 | medical technician or paramedic as defined in s. 401.23 employed |
| 14 | by state or local government. A volunteer firefighter engaged by |
| 15 | state or local government is also considered a first responder |
| 16 | for purposes of this subsection. |
| 17 | (b) For the purpose of determining benefits under this |
| 18 | chapter relating to employment-related accidents and injuries of |
| 19 | first responders, the following shall apply: |
| 20 | 1. An injury or disease caused by the exposure to a toxic |
| 21 | substance is not an injury by accident arising out of employment |
| 22 | unless there is a preponderance of the evidence establishing |
| 23 | that exposure to the specific substance involved, at the levels |
| 24 | to which the first responder was exposed, can cause the injury |
| 25 | or disease sustained by the employee. |
| 26 | 2. Any adverse medical condition caused by a smallpox |
| 27 | vaccination of a first responder is deemed to be an injury by |
| 28 | accident arising out of work performed in the course and scope |
| 29 | of employment. |
| 30 | 3. In cases involving occupational disease, both causation |
| 31 | and sufficient exposure to a specific harmful substance shown to |
| 32 | be present in the workplace to support causation shall be proven |
| 33 | by a preponderance of the evidence. |
| 34 | (c) Permanent total supplemental benefits under s. |
| 35 | 440.15(1)(f) received by a first responder whose employer does |
| 36 | not participate in the social security program shall not |
| 37 | terminate 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 |
| 40 | causes and conditions that are characteristic of and peculiar to |
| 41 | a particular trade, occupation, process, or employment and |
| 42 | excludes all ordinary diseases of life to which the general |
| 43 | public is exposed, unless the incidence of the disease is |
| 44 | substantially higher in the particular trade, occupation, |
| 45 | process, or employment than for the general public. |
| 46 | Section 2. The Legislature finds that this act fulfills an |
| 47 | important state interest. |
| 48 | Section 3. This act shall take effect October 1, 2006. |
| 49 |
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| 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 |
| 53 | An act relating to workers' compensation for first |
| 54 | responders; amending s. 440.091, F.S.; providing a |
| 55 | definition of the term "first responder"; providing a |
| 56 | standard of proof for certain injuries and diseases in |
| 57 | certain workers' compensation claims; providing that |
| 58 | certain adverse results and complications are injuries by |
| 59 | accident arising out of employment; providing for the |
| 60 | continuation of permanent total supplemental benefits for |
| 61 | certain first responders; providing a definition of the |
| 62 | term "occupational disease"; providing legislative |
| 63 | findings; providing an effective date. |