Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 426 Ì902036~Î902036 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Flores) 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 Firefighters; cancer diagnosis.— 8 (1) As used in this section, the term: 9 (a) “Cancer” includes: 10 1. Bladder cancer. 11 2. Brain cancer. 12 3. Breast cancer. 13 4. Cervical cancer. 14 5. Colon cancer. 15 6. Esophageal cancer. 16 7. Invasive skin cancer. 17 8. Kidney cancer. 18 9. Large intestinal cancer. 19 10. Lung cancer. 20 11. Malignant melanoma. 21 12. Mesothelioma. 22 13. Multiple myeloma. 23 14. Non-Hodgkin’s lymphoma. 24 15. Oral cavity and pharynx cancer. 25 16. Ovarian cancer. 26 17. Prostate cancer. 27 18. Rectal cancer. 28 19. Stomach cancer. 29 20. Testicular cancer. 30 21. Thyroid cancer. 31 (b) “Employer” has the same meaning as in s. 112.191. 32 (c) “Firefighter” means an individual employed as a full 33 time firefighter within the fire department or public safety 34 department of an employer whose primary responsibilities are the 35 prevention and extinguishing of fires; the protection of life 36 and property; and the enforcement of municipal, county, and 37 state fire prevention codes and laws pertaining to the 38 prevention and control of fires. 39 (2) Upon a diagnosis of cancer, a firefighter is entitled 40 to the following benefits, as an alternative to pursuing 41 workers’ compensation benefits under chapter 440, if the 42 firefighter has been employed by his or her employer for at 43 least 5 continuous years, has not used tobacco products for at 44 least the preceding 5 years, and has not been employed in any 45 other position in the preceding 5 years which is proven to 46 create a higher risk for any cancer: 47 (a) Cancer treatment covered within an employer-sponsored 48 health plan or through a group health insurance trust fund. The 49 employer must timely reimburse the firefighter for any out-of 50 pocket deductible, copayment, or coinsurance costs incurred due 51 to the treatment of cancer. 52 (b) A one-time cash payout of $25,000, upon the 53 firefighter’s initial diagnosis of cancer. 54 55 If the firefighter elects to continue coverage in the employer 56 sponsored health plan or group health insurance trust fund after 57 he or she terminates employment, the benefits specified in 58 paragraphs (a) and (b) must be made available by the former 59 employer of a firefighter for 10 years following the date on 60 which the firefighter terminates employment so long as the 61 firefighter otherwise met the criteria specified in this 62 subsection when he or she terminated employment and was not 63 subsequently employed as a firefighter following that date. For 64 purposes of determining leave time and employee retention 65 policies, the employer must consider a firefighter’s cancer 66 diagnosis as an injury or illness incurred in the line of duty. 67 (3)(a) If the firefighter participates in an employer 68 sponsored retirement plan, the retirement plan must consider the 69 firefighter totally and permanently disabled in the line of duty 70 if he or she meets the retirement plan’s definition of totally 71 and permanently disabled due to the diagnosis of cancer or 72 circumstances that arise out of the treatment of cancer. 73 (b) If the firefighter does not participate in an employer 74 sponsored retirement plan, the employer must provide a 75 disability retirement plan that provides the firefighter with at 76 least 42 percent of his or her annual salary, at no cost to the 77 firefighter, until the firefighter’s death, as coverage for 78 total and permanent disabilities attributable to the diagnosis 79 of cancer which arise out of the treatment of cancer. 80 (4)(a) If the firefighter participated in an employer 81 sponsored retirement plan, the retirement plan must consider the 82 firefighter to have died in the line of duty if he or she dies 83 as a result of cancer or circumstances that arise out of the 84 treatment of cancer. 85 (b) If the firefighter did not participate in an employer 86 sponsored retirement plan, the employer must provide a death 87 benefit to the firefighter’s beneficiary, at no cost to the 88 firefighter or his or her beneficiary, totaling at least 42 89 percent of the firefighter’s most recent annual salary for at 90 least 10 years following the firefighter’s death as a result of 91 cancer or circumstances that arise out of the treatment of 92 cancer. 93 (c) Firefighters who die as a result of cancer or 94 circumstances that arise out of the treatment of cancer are 95 considered to have died in the manner as described in s. 96 112.191(2)(a), and all of the benefits arising out of such death 97 are available to the deceased firefighter’s beneficiary. 98 (5) The costs of providing the reimbursement, lump sum, and 99 retirement benefits made available under this section must be 100 borne solely by the employer that employs firefighters. 101 (6) The Division of State Fire Marshal within the 102 Department of Financial Services shall adopt rules to establish 103 employer cancer prevention best practices as it relates to 104 personal protective equipment, decontamination, fire suppression 105 apparatus, and fire stations. 106 Section 2. The Legislature determines and declares that 107 this act fulfills an important state interest. 108 Section 3. This act shall take effect July 1, 2019. 109 110 ================= T I T L E A M E N D M E N T ================ 111 And the title is amended as follows: 112 Delete everything before the enacting clause 113 and insert: 114 A bill to be entitled 115 An act relating to firefighters; creating s. 112.1816, 116 F.S.; providing definitions; granting certain benefits 117 to a firefighter upon receiving a diagnosis of cancer 118 if certain conditions are met; requiring an employer 119 to make certain disability payments to a firefighter 120 in the event of a total and permanent disability; 121 providing for death benefits to a firefighter’s 122 beneficiary if a firefighter dies as a result of 123 cancer or cancer treatments; specifying that any costs 124 associated with benefits granted by the act must be 125 borne by the employer; requiring the Division of State 126 Fire Marshal to adopt certain rules; providing a 127 declaration of important state interest; providing an 128 effective date.