Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 456
       
       
       
       
       
       
                                Ì249998{Î249998                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       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.