Senate Bill sb1440

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1440

    By Senator Atwater





    25-1172-07                                          See HB 301

  1                      A bill to be entitled

  2         An act relating to firefighters and paramedics;

  3         creating s. 112.183, F.S.; providing that death

  4         or disability due to cancer suffered by a

  5         firefighter or paramedic employed by the state

  6         or its political subdivisions is presumed

  7         accidental and suffered in the line of duty

  8         under certain conditions; authorizing purchase

  9         of insurance by local governments; providing

10         criteria for physical exams for firefighters

11         and paramedics; requiring the employing agency

12         to keep records and notify firefighters and

13         paramedics of their reported exposure to known

14         carcinogens; providing that firefighters and

15         paramedics employed on the effective date of

16         the act need not comply with physical

17         examination requirements; providing an

18         effective date.

19  

20         WHEREAS, firefighters and paramedics are trained to

21  risk their lives or bodily injury to protect the lives and

22  property of the public, and

23         WHEREAS, firefighters and paramedics are exposed by

24  reason of their employment to smoke, fumes, and burning

25  substances of a toxic, carcinogenic, or poisonous nature and

26  are required by their employment to enter uncontrolled

27  environments in the performance of their duties, unaware of

28  and without regard for potentially harmful exposures, and

29         WHEREAS, the development of cancer may be slow, and

30  cancer may not be manifested until many years after exposure

31  to the cancer-producing agent, and

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






    Florida Senate - 2007                                  SB 1440
    25-1172-07                                          See HB 301




 1         WHEREAS, it is fair and proper that firefighters and

 2  paramedics be compensated for death or disability due to

 3  exposure to cancer-producing substances, NOW, THEREFORE,

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 112.183, Florida Statutes, is

 8  created to read:

 9         112.183  Firefighters and paramedics; special

10  provisions relative to cancer.--

11         (1)  Any condition or impairment of the health of a

12  firefighter or paramedic employed full time by the state or

13  any municipality, county, port authority, special tax

14  district, or fire control district that is caused by cancer

15  and results in total or partial disability or death is

16  presumed to have been accidental and to have been suffered in

17  the line of duty unless the contrary is shown by competent

18  evidence. However, the firefighter or paramedic must have

19  successfully passed a physical examination before entering

20  into service as a firefighter or paramedic, which examination

21  failed to reveal any evidence of any such condition. If the

22  employing agency fails to provide a physical examination

23  before the firefighter or paramedic enters service, the

24  firefighter or paramedic must successfully pass a physical

25  examination given after the firefighter or paramedic enters

26  service. The presumption does not apply to benefits payable

27  under or granted in a policy of life insurance or disability

28  insurance unless the insurer and insured have negotiated for

29  the additional benefits to be included in the policy contract.

30         (2)  The governmental entities set forth in subsection

31  (1) may negotiate policy contracts for life and disability

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






    Florida Senate - 2007                                  SB 1440
    25-1172-07                                          See HB 301




 1  insurance that include accidental death benefits or double

 2  indemnity coverage and that include the presumption that any

 3  condition or impairment of health of any firefighter or

 4  paramedic caused by cancer resulting in total or partial

 5  disability or death was accidental and suffered in the line of

 6  duty unless the contrary is shown by competent evidence.

 7         (3)  A physical examination administered pursuant to

 8  subsection (1) must include at least the following tests, as

 9  appropriate for the gender of the examinee:

10         (a)  Physical breast examination and mammogram for

11  female breast cancer.

12         (b)  Digital rectal examination, proctosigmoidoscopy,

13  and blood stool test for colon and rectum cancer.

14         (c)  Rectal examination for prostate cancer.

15         (d)  Pap test for uterine cancer.

16         (e)  Pelvic examination for ovarian cancer.

17         (f)  Radiographic examination for lung cancer.

18         (4)  The employing agency shall maintain a record of

19  any reported exposure of a firefighter or paramedic to a known

20  carcinogen as defined by the International Agency for Research

21  on Cancer and must notify the firefighter or paramedic of the

22  exposure within 48 hours after the exposure is reported.

23         Section 2.  A firefighter or paramedic employed on the

24  effective date of this act is not required to meet the

25  provisions of s. 112.183, Florida Statutes, as created by this

26  act, as to a physical examination.

27         Section 3.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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