Bill Text: FL S0900 | 2018 | Regular Session | Comm Sub
Bill Title: Firefighters
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Appropriations [S0900 Detail]
Download: Florida-2018-S0900-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 900 By the Committees on Community Affairs; and Governmental Oversight and Accountability; and Senator Flores 578-03171-18 2018900c2 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 State 13 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) “Cancer” includes: 24 1. Bladder cancer. 25 2. Brain cancer. 26 3. Breast cancer. 27 4. Cervical cancer. 28 5. Colon cancer. 29 6. Esophageal cancer. 30 7. Kidney cancer. 31 8. Large intestinal cancer. 32 9. Lung cancer. 33 10. Malignant melanoma. 34 11. Mesothelioma. 35 12. Multiple myeloma. 36 13. Non-Hodgkin’s lymphoma. 37 14. Oral cavity and pharynx cancer. 38 15. Ovarian cancer. 39 16. Prostate cancer. 40 17. Rectal cancer. 41 18. Skin cancer. 42 19. Stomach cancer. 43 20. Testicular cancer. 44 21. Thyroid cancer. 45 (b) “Employer” has the same meaning as in s. 112.191. 46 (c) “Firefighter” means an individual employed as a full 47 time firefighter within the fire department or public safety 48 department of an employer whose primary responsibility is the 49 prevention and extinguishing of fires; the protection of life 50 and property; and the enforcement of municipal, county, and 51 state fire prevention codes and laws pertaining to the 52 prevention and control of fires. 53 (2) Upon a diagnosis of cancer, a firefighter is entitled 54 to the following benefits, as an alternative to pursuing 55 workers’ compensation benefits under chapter 440, if the 56 firefighter has been employed by his or her employer for at 57 least 5 continuous years, has not used tobacco products for at 58 least the preceding 5 years, and has not been employed in any 59 other position in the preceding 5 years which is proven to 60 create a higher risk for any cancer: 61 (a) Cancer treatment, at no cost to the firefighter, 62 covered within an employer-sponsored health plan or through a 63 group health insurance trust fund. The health plan, trust fund, 64 or insurance policy, or a rider added to such policy, may not 65 require the firefighter to contribute toward any deductible, 66 copayment, or coinsurance amount for the treatment of cancer. 67 The employer may timely reimburse the firefighter for out-of 68 pocket deductible, copayment, or coinsurance costs incurred by 69 the firefighter in complying with this paragraph. 70 (b) A one-time cash payout of $25,000, upon the 71 firefighter’s initial diagnosis of cancer. 72 73 The benefits specified in paragraphs (a) and (b) must be made 74 available by a former employer of a firefighter for 10 years 75 following the date that the firefighter terminates employment, 76 so long as the firefighter otherwise met the criteria specified 77 in this subsection when he or she terminated employment and was 78 not subsequently employed as a firefighter following that date. 79 For purposes of determining leave time and employee retention 80 policies, a firefighter’s cancer diagnosis must be considered an 81 injury or illness incurred in the line of duty by the employer. 82 (3)(a) If the firefighter participates in an employer 83 sponsored retirement plan, the retirement plan must consider the 84 firefighter totally and permanently disabled if he or she is 85 prevented from rendering useful and effective service as a 86 firefighter and is likely to remain disabled continuously and 87 permanently due to the diagnosis of cancer or circumstances 88 arising out of the treatment of cancer. 89 (b) If the firefighter does not participate in an employer 90 sponsored retirement plan, the employer must provide a 91 disability retirement plan that provides the firefighter with at 92 least 42 percent of his or her annual salary, at no cost to the 93 firefighter, until the firefighter’s death as coverage for total 94 and permanent disabilities attributable to the diagnosis of 95 cancer arising out of the treatment of cancer. 96 (4)(a) If the firefighter participated in an employer 97 sponsored retirement plan, the retirement plan must consider the 98 firefighter to have died in the line of duty if he or she dies 99 as a result of cancer or circumstances arising out of the 100 treatment of cancer. 101 (b) If the firefighter did not participate in an employer 102 sponsored retirement plan, the employer must provide a death 103 benefit to the firefighter’s beneficiary, at no cost to the 104 firefighter or his or her beneficiary, totaling at least 42 105 percent of the firefighter’s most recent annual salary for at 106 least 10 years following the firefighter’s death as a result of 107 cancer or circumstances arising out of the treatment of cancer. 108 (c) Firefighters who die as a result of cancer or 109 circumstances arising out of the treatment of cancer are 110 considered to have died in the manner as described in s. 111 112.191(2)(a) and all of the benefits arising out of such death 112 are available to the deceased firefighter’s beneficiary. 113 (5) The costs of purchasing an insurance policy that 114 provides the cancer benefits contained in this section, or the 115 costs of providing such benefits through a self-funded system, 116 must be borne solely by the employer that employs firefighters 117 and may not be funded by individual firefighters, by any group 118 health insurance trust fund funded partially or wholly by 119 firefighters, or by any self-insured trust fund that provides 120 health insurance coverage which is funded partially or wholly by 121 firefighters. 122 (6) The Division of State Fire Marshal within the 123 Department of Financial Services shall adopt rules to establish 124 employer cancer prevention best practices as it relates to 125 personal protective equipment, decontamination, fire suppression 126 apparatus, and fire stations. 127 Section 2. The Legislature determines and declares that 128 this act fulfills an important state interest. 129 Section 3. This act shall take effect July 1, 2018.