Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 456 Ì249998{Î249998 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/16/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 112.1816, Florida Statutes, is created 6 to read: 7 112.1816 Firefighter disability or death from cancer 8 presumed incurred in the line of duty.— 9 (1) DEFINITION.—As used in this section, the term 10 “firefighter” has the same meaning as in s. 112.81. 11 (2) PRESUMPTION; ELIGIBILITY CONDITIONS.— 12 (a) Any condition or impairment of the health of a 13 firefighter employed full time by the state or any municipality, 14 county, port authority, special tax district, or fire control 15 district which is caused by multiple myeloma, non-Hodgkin’s 16 lymphoma, prostate cancer, or testicular cancer and results in 17 total or partial disability or death is presumed to have been 18 accidental and to have been suffered in the line of duty unless 19 the contrary is shown by competent evidence. In order to be 20 entitled to this presumption, the firefighter: 21 1. Must have successfully passed a physical examination 22 administered before the individual began service as a 23 firefighter and which failed to reveal any evidence of such a 24 health condition; 25 2. Must have been employed as a firefighter with his or her 26 current employer for at least 5 continuous years before becoming 27 totally or partially disabled or before his or her death; 28 3. Must not have used tobacco products for at least 5 years 29 before becoming totally or partially disabled or before his or 30 her death; and 31 4. Must not have been employed during the preceding 5 years 32 in any other position that is proven to create a higher risk for 33 multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, or 34 testicular cancer. This includes any other employment as a 35 firefighter at another employing agency within the preceding 5 36 years. 37 (b) An employing agency must provide a physical examination 38 for a firefighter before he or she begins service or immediately 39 thereafter. Notwithstanding subparagraph (a)1., if the employing 40 agency fails to provide a physical examination before the 41 firefighter begins service, or immediately thereafter, the 42 firefighter is entitled to the presumption provided that he or 43 she meets the criteria specified in subparagraphs (a)2., (a)3., 44 and (a)4. 45 (c) The presumption does not apply to benefits payable 46 under or granted in a life insurance or disability insurance 47 policy unless the insurer and insured have negotiated for the 48 additional benefits to be included in the policy contract. 49 (3) APPLICABILITY.—A firefighter employed on July 1, 2016, 50 is not required to meet the physical examination requirement in 51 subsection (2) in order to be entitled to the presumption set 52 forth in this section. 53 Section 2. The Legislature shall review the current status 54 of research programs, funded wholly or in part by the General 55 Appropriations Act, which study the incidence of cancer in 56 firefighters before the convening of the 2017 Regular Session of 57 the Legislature to determine whether any further statutory 58 changes to this act are necessary. 59 Section 3. (1) In order to fund the benefit changes 60 provided in this act, the required employer contribution rate 61 for members of the Florida Retirement System established in s. 62 121.71(4), Florida Statutes, for the Special Risk Class is 63 increased by 0.01 percentage point. 64 (2) The adjustment provided in subsection (1) is in 65 addition to any other changes to such contribution rates which 66 may be enacted into law to take effect on July 1, 2016. The 67 Division of Law Revision and Information is directed to adjust 68 accordingly the contribution rates provided in s. 121.71, 69 Florida Statutes. 70 Section 4. The Legislature determines and declares that 71 this act fulfills an important state interest. 72 Section 5. This act shall take effect July 1, 2016. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete everything before the enacting clause 77 and insert: 78 A bill to be entitled 79 An act relating to firefighters; creating s. 112.1816, 80 F.S.; defining the term “firefighter”; establishing a 81 presumption as to a firefighter’s condition or 82 impairment of health caused by certain types of cancer 83 while in the line of duty; specifying criteria a 84 firefighter must meet to be entitled to the 85 presumption; requiring an employing agency to provide 86 a physical examination for a firefighter; specifying 87 circumstances under which the presumption does not 88 apply; providing for applicability; requiring the 89 Legislature to review specified cancer research 90 programs by a certain date; providing for an employer 91 contribution rate increase to fund changes made by the 92 act; providing a directive to the Division of Law 93 Revision and Information; providing a declaration of 94 important state interest; providing an effective date.