Florida Senate - 2018                                     SB 900
       
       
        
       By Senator Flores
       
       
       
       
       
       16-00168B-18                                           2018900__
    1                        A bill to be entitled                      
    2         An act relating to firefighters; creating s. 112.1816,
    3         F.S.; providing definitions; granting certain benefits
    4         to a firefighter upon receiving a diagnosis of cancer
    5         if certain conditions are met; requiring an employer
    6         to make certain disability payments to a firefighter
    7         in the event of a total and permanent disability;
    8         providing for death benefits to a firefighter’s
    9         beneficiary if a firefighter died as a result of
   10         cancer or cancer treatments; specifying that any costs
   11         associated with benefits granted by the act are to be
   12         borne by the employer; requiring the Division of the
   13         State Fire Marshal to adopt certain rules; providing a
   14         declaration of important state interest; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 112.1816, Florida Statutes, is created
   20  to read:
   21         112.1816 Firefighters; cancer diagnosis.—
   22         (1) As used in this section, the term:
   23         (a) “Employer” has the same meaning as in s. 112.191.
   24         (b) “Firefighter” means an individual employed as a full
   25  time firefighter within the fire department or public safety
   26  department of an employer whose primary responsibility is the
   27  prevention and extinguishing of fires; the protection of life
   28  and property; and the enforcement of municipal, county, and
   29  state fire prevention codes and laws pertaining to the
   30  prevention and control of fires.
   31         (2) Upon a diagnosis of cancer, a firefighter is entitled
   32  to the following benefits, at no cost to the firefighter, if the
   33  firefighter has been employed by his or her employer for at
   34  least 5 continuous years, has not used tobacco products for at
   35  least the preceding 5 years, and has not been employed in any
   36  other position in the preceding 5 years which is proven to
   37  create a higher risk for any cancer:
   38         (a) A group health insurance or self-insurance policy that
   39  provides cancer treatment using the same health care network as
   40  the group health insurance or self-insurance policy provided to
   41  all other employees of the employer. The policy, or a rider
   42  added to the group health insurance or self-insurance policy,
   43  may not require the firefighter to contribute toward any
   44  premium, deductible, copayment, or coinsurance amount. The
   45  policy must remain available, at no cost to the firefighter, for
   46  at least 10 years after the firefighter leaves employment.
   47         (b) A cash payout of $25,000.
   48  
   49  For purposes of determining employer policies and the provision
   50  of benefits, a firefighter’s cancer diagnosis must be considered
   51  an injury or illness incurred in the line of duty by the
   52  employer.
   53         (3)(a) If the firefighter participates in an employer
   54  sponsored retirement plan, the retirement plan must consider the
   55  firefighter totally and permanently disabled if he or she is
   56  prevented from rendering useful and effective service as a
   57  firefighter and is likely to remain disabled continuously and
   58  permanently due to the diagnosis of cancer or circumstances
   59  arising out of the treatment of cancer.
   60         (b) If the firefighter does not participate in an employer
   61  sponsored retirement plan, the employer must provide a
   62  disability retirement plan that provides the firefighter with at
   63  least 42 percent of his or her annual salary, at no cost to the
   64  firefighter, until the firefighter’s death as coverage for
   65  disabilities attributable to the diagnosis of cancer or
   66  disabilities arising out of the treatment of cancer.
   67         (4)(a) If the firefighter participated in an employer
   68  sponsored retirement plan, the retirement plan must consider the
   69  firefighter to have died in the line of duty if he or she dies
   70  as a result of cancer or circumstances arising out of the
   71  treatment of cancer.
   72         (b) If the firefighter did not participate in an employer
   73  sponsored retirement plan, the employer must provide a death
   74  benefit to the firefighter’s beneficiary, at no cost to the
   75  firefighter or his or her beneficiary, totaling at least 42
   76  percent of the firefighter’s most recent annual salary for at
   77  least 10 years following the firefighter’s death.
   78         (c) Firefighters who die as a result of cancer or
   79  circumstances arising out of the treatment of cancer are
   80  considered to have died in the manner as described in s.
   81  112.191(2)(a) and all of the benefits arising out of such death
   82  are available to the deceased firefighter’s beneficiary.
   83         (5) The costs of purchasing an insurance policy that
   84  provides the benefits contained in this section, or the costs of
   85  providing such benefits through a self-funded system, must be
   86  borne solely by the employer that employs firefighters and may
   87  not be funded by individual firefighters, by any group health
   88  insurance trust fund funded partially or wholly by firefighters,
   89  or by any self-insured trust fund that provides health insurance
   90  coverage which is funded partially or wholly by firefighters.
   91         (6) The Division of the State Fire Marshal within the
   92  Department of Financial Services shall adopt rules to establish
   93  employer best practices regarding how to prevent or reduce the
   94  incidence of cancer among firefighters.
   95         Section 2. The Legislature determines and declares that
   96  this act fulfills an important state interest.
   97         Section 3. This act shall take effect July 1, 2018.