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A bill to be entitled

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An act relating to firefighters and paramedics; creating

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s. 112.183, F.S.; providing that death or disability due

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to cancer suffered by a firefighter or paramedic employed

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by the state or its political subdivisions is presumed

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accidental and suffered in the line of duty under certain

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conditions; authorizing purchase of insurance by local

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governments; providing criteria for physical exams for

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firefighters and paramedics; requiring the employing

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agency to keep records and notify firefighters and

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paramedics of their reported exposure to known

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carcinogens; providing that firefighters and paramedics

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employed on the effective date of the act need not comply

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with physical examination requirements; providing an

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effective date.

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     WHEREAS, firefighters and paramedics are trained to risk

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their lives or bodily injury to protect the lives and property of

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the public, and

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     WHEREAS, firefighters and paramedics are exposed by reason

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of their employment to smoke, fumes, and burning substances of a

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toxic, carcinogenic, or poisonous nature and are required by

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their employment to enter uncontrolled environments in the

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performance of their duties, unaware of and without regard for

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potentially harmful exposures, and

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

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may not be manifested until many years after exposure to the

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cancer-producing agent, and

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     WHEREAS, it is fair and proper that firefighters and

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paramedics be compensated for death or disability due to

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exposure to cancer-producing substances, NOW, THEREFORE,

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

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     Section 1.  Section 112.183, Florida Statutes, is created to

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read:

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     112.183 Firefighters and paramedics; special provisions

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relative to cancer.--

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

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firefighter or paramedic employed full time by the state or any

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municipality, county, port authority, special tax district, or

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fire control district which is caused by cancer and results in

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total or partial disability or death is presumed to have been

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accidental and to have been suffered in the line of duty unless

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the contrary is shown by competent evidence. However, the

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firefighter or paramedic must have successfully passed a physical

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examination before entering into service as a firefighter or

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paramedic, which examination failed to reveal any evidence of any

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such condition. If the employing agency fails to provide a

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physical examination before the firefighter or paramedic enters

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service, the firefighter or paramedic must successfully pass a

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physical examination given after the firefighter or paramedic

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enters service. The presumption does not apply to benefits

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payable under or granted in a policy of life insurance or

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disability insurance unless the insurer and insured have

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negotiated for the additional benefits to be included in the

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policy contract.

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     (2) The governmental entities set forth in subsection (1)

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may negotiate policy contracts for life and disability insurance

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that include accidental death benefits or double indemnity

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coverage and that include the presumption that any condition or

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impairment of health of any firefighter or paramedic caused by

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cancer resulting in total or partial disability or death was

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accidental and suffered in the line of duty unless the contrary

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is shown by competent evidence.

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     (3) A physical examination administered pursuant to

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

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appropriate for the gender of the examinee:

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     (a) Physical breast examination and mammogram for female

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breast cancer.

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     (b) Digital rectal examination, proctosigmoidoscopy, and

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blood stool test for colon and rectum cancer.

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     (c) Rectal examination for prostate cancer.

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     (d) Pap test for uterine cancer.

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     (e) Pelvic examination for ovarian cancer.

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     (f) Radiographic examination for lung cancer.

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

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reported exposure of a firefighter or paramedic to a known

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carcinogen as defined by the International Agency for Research on

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Cancer and must notify the firefighter or paramedic of the

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exposure within 48 hours after the exposure is reported.

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     Section 2. A firefighter or paramedic employed on the

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

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of s. 112.183, Florida Statutes, as created by this act, as to a

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physical examination.

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