Senate Bill sb0746c1

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    Florida Senate - 2007                            CS for SB 746

    By the Committee on General Government Appropriations; and
    Senators Alexander, Atwater, Gaetz and Fasano




    601-2492-07

  1                      A bill to be entitled

  2         An act relating to workers' compensation for

  3         first responders; creating s. 112.1815, F.S.;

  4         providing a definition of the term "first

  5         responder"; providing a standard of proof for

  6         first responders having an injury or disease

  7         caused by exposure to a toxic substance;

  8         providing that any adverse result or

  9         complication relating to smallpox vaccinations

10         is an injury by accident arising out of

11         employment for first responders; providing a

12         standard of proof for first responders in cases

13         involving occupational disease; providing for

14         the continuation of permanent total

15         supplemental benefits after the age of 62 for

16         certain first responders; providing a

17         definition of the term "occupational disease";

18         providing that the act fulfills an important

19         state interest; providing an effective date.

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

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23         Section 1.  Section 112.1815, Florida Statutes, is

24  created to read:

25         112.1815  Firefighters, paramedics, emergency medical

26  technicians, and law enforcement officers; special provisions

27  for employment-related accidents and injuries.--

28         (1)  The term "first responder" as used in this section

29  means a law enforcement officer as defined in s. 943.10, a

30  firefighter as defined in s. 633.30, or an emergency medical

31  technician or paramedic as defined in s. 401.23 employed by

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    Florida Senate - 2007                            CS for SB 746
    601-2492-07




 1  state or local government. A volunteer law enforcement

 2  officer, firefighter, or emergency medical technician or

 3  paramedic engaged by the state or a local government is also

 4  considered a first responder of the state or local government

 5  for purposes of this section.

 6         (2)(a)  For the purpose of determining benefits under

 7  this section relating to employment-related accidents and

 8  injuries of first responders, the following shall apply:

 9         1.  An injury or disease caused by the exposure to a

10  toxic substance is not an injury by accident arising out of

11  employment unless there is a preponderance of the evidence

12  establishing that exposure to the specific substance involved,

13  at the levels to which the first responder was exposed, can

14  cause the injury or disease sustained by the employee.

15         2.  Any adverse result or complication caused by a

16  smallpox vaccination of a first responder is deemed to be an

17  injury by accident arising out of work performed in the course

18  and scope of employment.

19         3.  A mental or nervous injury involving a first

20  responder and occurring as a manifestation of a compensable

21  injury must be demonstrated by clear and convincing evidence.

22  For a mental or nervous injury arising out of the employment

23  unaccompanied by a physical injury involving a first

24  responder, only medical benefits under s. 440.13 shall by

25  payable for the mental or nervous injury. However, payment of

26  indemnity as provided in s. 440.15 may not be made unless a

27  physical injury arising out of injury as a first responder

28  accompanies the mental or nervous injury. Benefits for a first

29  responder are not subject to any limitation on temporary

30  benefits under s. 440.093 or the 1-percent limitation on

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    Florida Senate - 2007                            CS for SB 746
    601-2492-07




 1  permanent psychiatric impairment benefits under s.

 2  440.15(3)(c).

 3         (b)  In cases involving occupational disease, both

 4  causation and sufficient exposure to a specific harmful

 5  substance shown to be present in the workplace to support

 6  causation shall be proven by a preponderance of the evidence.

 7         (3)  Permanent total supplemental benefits received by

 8  a first responder whose employer does not participate in the

 9  social security program shall not terminate after the first

10  responder attains the age of 62.

11         (4)  For the purposes of this section, the term

12  "occupational disease" means only a disease that arises out of

13  employment as a first responder and is due to causes and

14  conditions that are characteristic of and peculiar to a

15  particular trade, occupation, process, or employment and

16  excludes all ordinary diseases of life to which the general

17  public is exposed, unless the incidence of the disease is

18  substantially higher in the particular trade, occupation,

19  process, or employment than for the general public.

20         Section 2.  The Legislature finds that this act

21  fulfills an important state interest relating to the public

22  interest in prompt and adequate response to provide for the

23  safety of the public unique to this class of state and local

24  government employees.

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

26  law.

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    Florida Senate - 2007                            CS for SB 746
    601-2492-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 746

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 4  Eliminates the legal fee schedule relating to the provision of
    indemnity or medical benefits.
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    Corrects technical deficiencies and makes clarifying changes
 6  to the compensability provisions for mental or nervous
    injuries.
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