This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0557g.COM
DATE: 2/21/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 557 Fire Investigator Cancer Treatment Benefits
SPONSOR(S): Government Operations Subcommittee, Salzman & others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 838
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 17 Y, 0 N Herendeen Luczynski
2) Government Operations Subcommittee 16 Y, 0 N, As CS Roth Toliver
3) Appropriations Committee 23 Y, 0 N Lee Pridgeon
4) Commerce Committee Herendeen Hamon
SUMMARY ANALYSIS
In 2019, the Legislature created a special benefit package for firefighters suffering from certain types of cancer,
because studies have demonstrated a link between firefighting and cancer. The special benefit package is an
alternative to filing a workers’ compensation claim, which requires proof that workplace exposures are the
cause of a firefighter’s occupational disease. Like firefighters, fire investigators sustain significant exposure to
hazardous vapors, gases and particles that are known to contribute to chronic health conditions, including
cancer; however, fire investigators are not eligible for the special benefit package.
The special benefit package provides that firefighters who are diagnosed with certain types of cancer are
eligible for a one-time payment of $25,000 and employer-sponsored health insurance, including reimbursement
for any deductible, co-payment, or co-insurance costs the firefighter incurs for the treatment of cancer. To
qualify for these benefits, a firefighter must: (1) have been working full-time as a firefighter, for a government
employer, for at least 5 continuous years; (2) have not used tobacco products for at least the 5 years prior to
the cancer diagnosis; and (3) have not been employed in any other position which is proven to create a high
risk of cancer during the 5 years prior to the cancer diagnosis.
Employment-sponsored health benefits must be made available for 10 years after the firefighter terminates
employment, so long as the firefighter is not subsequently re-employed as a firefighter.
If a firefighter becomes disabled or dies due to cancer, the employer must consider the cancer diagnosis as an
injury or illness incurred in the line of duty. This makes the firefighter eligible for line-of-duty disability retirement
benefits and also makes surviving family members eligible for line-of-duty death benefits.
The number of Florida-certified fire investigators working full-time for state and local governments, including
special fire districts, is unclear. The Florida State Fire College has certified 1,740 fire investigators since 2005,
and about half of these people also hold certifications as firefighters. The State Fire Marshal employs 104 fire
investigators; 86 of these fire investigators are Florida-certified or in the process of becoming certified.
The bill amends the definition of “firefighter” to include Florida-certified fire investigators, making fire
investigators eligible for the special benefit package related to a cancer diagnosis. The costs to provide the
enhanced benefits under s. 112.118, F.S., must be borne by the employer.
The bill has an indeterminate significant negative fiscal impact on state and local governments, which are
responsible for the cost of the special benefit package. See Fiscal & Analysis & Economic Impact Statement.
The effective date of the bill is July 1, 2022.
STORAGE NAME: h0557g.COM PAGE: 2
DATE: 2/21/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Firefighters Face an Increased Risk of Cancer
A two-part study by the Centers for Disease Control and Prevention/National Institute for Occupational
Health and Safety (NIOSH) concluded that firefighters have a nine percent greater risk of being diagnosed
with cancer – and a 14 percent greater risk of dying from cancer – than the general population of the
United States.
1
The study was launched in 2010 and reviewed records of nearly 30,000 career firefighters who served in
Chicago, Philadelphia, and San Francisco fire departments between 1950 and 2009.
2
In 2013, researchers reported statistically significant mortality and incidence rates of cancers of the
esophagus, intestine, lung, kidney, and oral cavity, as well as increased mesothelioma for
firefighters compared with the general population, and excess risk of bladder and prostate cancer at
younger ages.
3
In 2015, researchers reported that the risk of developing lung cancer and leukemia increases with
exposure to smoke and hazardous chemicals that are released from burning materials, asbestos,
and diesel exhaust.
4
In 2018, the federal government directed the Centers for Disease Control to create a National Firefighter
Registry that, with voluntary participation from firefighters, will track cancer and occupational risk factors to
help researchers and the medical community better understand the causes of disease and death among
firefighters.
5
Special Benefit Package for Firefighters in Lieu of Workers’ Compensation Benefits
The Legislature took action in 2019 by creating s. 112.1816, F.S.
6
Instead of seeking benefits through the
workers’ compensation system,
7
where the employee must prove that workplace exposures caused
cancer, a firefighter diagnosed with certain types of cancer is entitled to certain benefits. An affected
firefighter may receive a one-time cash payment of $25,000 and a guarantee that their employer-
sponsored health insurance will continue while the firefighter remains on the job and for 10 years after the
firefighter terminates employment, so long as the firefighter is not subsequently re-employed as a
firefighter. The employer must reimburse the firefighter for any deductible, co-payment, or co-insurance
costs paid for the treatment of cancer.
1
Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, Findings from a Study
of Cancer among U.S. Fire Fighters, cdc.gov/niosh/pgms/worknotify/pdfs/ff-cancer-factsheet-final-508.pdf (last visited
Feb.18, 2022).
2
Id.
3
Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, Mortality and cancer
incidence in a pooled cohort of US firefighters from San Francisco, Chicago and Philadelphia (1950− 2009),
http://www.cdc.gov/niosh/firefighters/pdfs/OEM_FF_Ca_Study_10-2013.pdf (last visited Feb. 18, 2022).
4
Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, Exposure–response
relationships for select cancer and non-cancer health outcomes in a cohort of US firefighters from San Francisco, Chicago
and Philadelphia (1950–2009), https://stacks.cdc.gov/view/cdc/34054, (last visited Feb. 18, 2022).
5
Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, National Firefighter
Registry, https://www.cdc.gov/niosh/firefighters/registry.html (last visited Feb. 18, 2022).
6
Ch. 2019-21, Laws of Fla.
7
See ch. 440, F.S. STORAGE NAME: h0557g.COM PAGE: 3
DATE: 2/21/2022
Every state board, commission, department, division, bureau, agency, county, municipality, or other
political subdivision of the state that employs firefighters,
8
including fire control districts, must make these
benefits available to firefighters who are employed on a full-time basis. There are approximately 650 state-
employed firefighters currently covered by the State Risk Management Trust Fund (SRMTF).
9
Eligibility Requirements
To be eligible, a firefighter must be diagnosed with one of the following types of cancer: bladder cancer,
brain cancer, breast cancer, cervical cancer, colon cancer, esophageal cancer, invasive skin cancer,
kidney cancer, large intestinal cancer, lung cancer, malignant melanoma, mesothelioma, multiple myeloma,
non-Hodgkin’s lymphoma, oral cavity and pharynx cancer, ovarian cancer, prostate cancer, rectal cancer,
stomach cancer, testicular cancer, and thyroid cancer.
10
Additionally, the firefighter:
Must have been employed by his or her employer for at least 5 continuous years;
Must not have used tobacco products for at least the 5 years preceding the cancer diagnosis; and
Must not have been employed in any other position in the 5 years preceding the cancer diagnosis
which is proven to create a higher risk for any cancer.
11
Line-of-Duty Disability Retirement and Death Benefits
Many firefighters are members of the Florida Retirement System (FRS), which provides retirement benefits
to 980 participating employers, including all state and county government agencies, school boards, state
universities and community colleges, as well as many cities and special districts.
12
Firefighters who are
members of the FRS are included in a special risk class whose members receive enhanced benefits, due
to the unique challenges and risks of their jobs.
13
Municipalities and special fire districts that do not participate in the FRS offer retirement plans that are
secured by the Firefighters’ Pension Trust Fund (FPTF)
14
, which must meet minimum requirements
established by the Division of Retirement of the Department of Management Services.
15
When a firefighter diagnosed with cancer qualifies for the $25,000 cash payment and health benefits, the
employer must consider a firefighter’s cancer diagnosis as an injury incurred in the line of duty.
16
If the firefighter becomes totally and permanently disabled by cancer, the firefighter is entitled to a line-of-
duty retirement,
17
as follows:
Under the FRS, a line-of-duty disability retirement results in payment of 65 percent of the
firefighter’s average final compensation for the remainder of his or her life;
18
8
S. 112.191(1)(a), F.S.
9
Florida Department of Financial Services (DFS), Agency Analysis of 2022 CS/House Bill 557, p. 1 (Feb. 7, 2022).
10
S. 112.1816(1)(a), F.S.
11
S. 112.1816(2), F.S.
12
Department of Management Services, Division of Retirement, Florida Retirement System Pension Plan and other State
Administered Systems, Comprehensive Annual Financial Report FY 2019-2020, p. 8, Annual Reports / Publications /
Retirement / Workforce Operations / Florida Department of Management Services - DMS (myflorida.com) (last visited
Feb. 18, 2022).
13
S. 121.0515, F.S.
14
S. 175.041, F.S.
15
Ss. 175.021, and 175.351, F.S.; also see Department of Management Services, Municipal Police and Fire
Plans/Overview, Overview / Municipal Police and Fire Plans / Local Retirement Plans / Retirement / Workforce Operations
/ Florida Department of Management Services - DMS (myflorida.com) (last visited Feb. 18, 2022).
16
S. 112.1816(2)(b), F.S.
17
S. 112.1816(3), F.S.
18
Department of Management Services, supra note 12, at 39. Under s. 121.091(4)(b), F.S., an employee is totally and
permanently disabled if he or she cannot render useful and efficient service as an officer or employee. STORAGE NAME: h0557g.COM PAGE: 4
DATE: 2/21/2022
Under the FPTF, a line-of-duty disability retirement results in payment of at least 42 percent of the
firefighters’ average monthly compensation for the remainder of his or her life;
19
and
If the firefighter did not participate in a retirement plan, the employer must pay 42 percent of the
firefighters’ most recent annual salary, for life.
20
If the firefighter dies due to cancer or the treatment of cancer, the firefighter’s beneficiary is entitled to line-
of-duty death benefits,
21
as follows:
Under the FRS, a line-of-duty death benefit provides a lifetime monthly benefit equal to the
firefighter’s salary at death to the surviving spouse. If the spouse dies, the benefit is paid on behalf
of the member’s dependent children until the youngest reaches age 18, and the benefit may be
extended until the youngest child reaches age 25 if the child is unmarried and a full-time student.
22
State law does not require a line-of-duty death benefit for the FPTF. However, if a firefighter with 10
years of service dies prior to retirement, the firefighter’s beneficiary receives either early or normal
retirement benefits for 10 years.
23
If the firefighter did not participate in a retirement plan, the employer must provide a death benefit of
at least 42 percent of the firefighters’ most recent annual salary to the beneficiary, for at least 10
years.
24
Additionally, the firefighter’s beneficiary is eligible for a death benefit of $75,000.
25
The employer is required to pay the costs of the special benefit package without increasing employee
contributions to a retirement plan.
26
Workers’ Compensation Benefits
A firefighter who declines the special benefit package may instead file a claim for workers’ compensation
benefits. Workers’ compensation is a no-fault system that provides medical benefits and compensation for
lost wages when an employee is injured or killed in the course of employment.
The Employee Must Demonstrate Causation
In addition to on-the-job injuries, employers may be required to pay compensation for lost wages or furnish
benefits (such as medical care, medical devices, attendant care) if an occupational disease causes
disablement, is due to the nature of the employee’s occupation, and the employee contracted the disease
during the course of his or her employment.
27
In general, occupational diseases are compensable if:
A condition peculiar to the occupation causes the disease;
The employee contracts the disease on the job;
The job presents a particular hazard of the disease;
The incidence of the disease is substantially higher in the occupation than in the public;
The nature of the employment was a major contributing cause of the disease; and
Epidemiological studies show that exposure to the specific substance involved, at the levels to which
the employee was exposed, may cause the precise disease sustained by the employee.
28
19
S. 175.191, F.S., states that an employee is totally and permanently disabled if he or she cannot render useful and
efficient service as a firefighter and is likely to remain so disabled continuously and permanently.
20
S. 112.1816(3)(b), F.S.
21
S. 112.1816(3)(a), F.S
22
Department of Management Services, supra note 12, at 39.
23
S. 175.201, F.S.
24
S. 112.1816(3)(b), F.S.
25
S. 112.191(2)(a), F.S.
26
S. 112.1816(5), F.S.
27
Ss. 440.09 and 440.151, F.S.
28
S. 440.151(2), F.S. STORAGE NAME: h0557g.COM PAGE: 5
DATE: 2/21/2022
Thus, under the workers’ compensation system, a firefighter suffering from cancer must show a causal
relationship between the diagnosis of cancer and his or her work as a firefighter to receive medical benefits
and compensation for lost work time.
Temporary Disability
Disability is defined as the incapacity to earn wages the employee was receiving at the time of injury.
29
It is
a measure of the earning capacity that is lost as a result of a work-related injury.
30
Disability may be
temporary or permanent, and partial or total.
31
When an authorized doctor declares an injured employee to be temporarily but totally disabled, the
employee is eligible for up to 260 weeks (5 years) of disability benefits.
32
Injured workers who earn less than the statewide average weekly wage
33
are paid two thirds of their
average weekly salary, typically beginning on the 8th day after the employee loses time from work.
34
The
minimum payment is $20 per week and the maximum payment is 100 percent of the statewide average
weekly wage; thus, payments to injured workers who earn more than the statewide average weekly wage
are capped at the statewide average weekly wage that was in effect on the date of injury.
35
Temporary disability benefits end when the injured worker’s doctor indicates that the employee can work in
some capacity and the employee returns to work, or when the employee reaches the maximum medical
improvement and the carrier has paid 5 years of benefits.
36
Total and Permanent Disability
When an employee is totally and permanently disabled after the date of maximum medical improvement,
the employee who is not able to work in any job, for any employer, must be paid 66 2/3 percent of the
employee’s average weekly wage at the time of injury, or up to 100 percent of the statewide average
weekly wage, until age 75, or until the end of the injured workers’ life if the injury prevented the worker from
working sufficient quarters to be eligible for Social Security disability.
37
An order of compensation may require lifetime medical benefits for a catastrophic injury. Additionally,
people who are disabled prior to age 65 are eligible for Medicare.
38
If a totally and permanently disabled
worker receives Social Security disability benefits, the federal benefit may offset some or all of the benefits
paid by the workers’ compensation system.
39
Death Benefits
29
S. 440.02(13), F.S.
30
Metropolitan Stevedore Co. v. Rambo, 521 U.S. 121 (1997).
31
S. 440.15, F.S.
32
S. 440.15(2)(a), F.S., limits disability benefits to 104 weeks (2 years), but the Florida Supreme Court held that this limit
was unconstitutional and directed that a prior limit of 260 weeks (5 years) be reinstated. See Westphal v. City of St.
Petersburg, 194 So. 3d 311 (Fla. 2016).
33
S. 440.12(2), F.S., defines the “statewide average weekly wage” as the average weekly wage paid by employers
subject to the Florida Reemployment Assistance Program Law as reported to the Department of Economic Opportunity.
34
S. 440.14(1), F.S.
35
S. 440.12(2), F.S.
36
S. 440.15(3)(d), F.S.
37
S. 440.15(1)(a) and (b), F.S.
38
Department of Management Services, myBenefits, Frequently Asked Questions-Retirees,
https://www.mybenefits.myflorida.com/health/resources/faq_s/frequently_asked_questions_retirees (last visited Feb. 18,
2022).
39
S. 440.15(1)(b) and (f), F.S. STORAGE NAME: h0557g.COM PAGE: 6
DATE: 2/21/2022
In the event that an injured worker dies within one year of an accident that causes injury or within 5 years
of continuous disability, the employer must pay up to $7,500 for funeral expenses and compensation up to
$150,000.
40
The surviving spouse may also receive payment for up to 1,800 classroom hours at a college or career
center, or 80 semester hours at a community college. If the deceased was a state employee, the spouse is
entitled to a full tuition waiver at a state university or community college.
41
In cases that involve a compensable occupational disease, death benefits are provided to surviving
beneficiaries, if the employee demonstrates causation and sufficient exposure to a specific harmful
substance shown to be present in the workplace, and the employee dies within 350 weeks (6.7 years) after
the last exposure to the harmful substance.
42
Statutory Presumptions
Florida law includes several statutory presumptions that make a disability due to certain communicable
diseases compensable under workers’ compensation law, for first responders, unless the employer can
prove that the disease was caused by a non-work related event or exposure. For firefighters, these laws
include heart disease, hypertension, hepatitis, meningococcal meningitis, and tuberculosis.
43
Workers’ compensation law does not include any statutory presumption for firefighters who are diagnosed
with cancer.
Florida-certified Fire Investigators
Fire investigators determine the origin and cause of fires and explosions, preserve evidence and ensure
that the chain of custody is maintained, and create a record of the investigation. They also support law
enforcement in the detection and apprehension of persons suspected of arson and explosive-related
crimes.
According to experts in the field, the best evidence of the cause and origin of a fire may be found after a
fire has been suppressed and before the process of “overhaul” begins. Overhaul involves detecting and
extinguishing hidden fires or hot spots that may rekindle. Thus, fire investigators, like firefighters, face
significant exposure to hazardous vapors, gases, and dangerous chemicals and carcinogens that
contribute to chronic health conditions, including cancer.
44
Respiratory protective equipment is crucial to
first responders working in and around a fire scene.
45
The Florida State Fire College provides training for firefighters, fire inspectors, fire investigators, and a
variety of administrative positions within the fire service.
46
Certified firefighters, certified law enforcement
officers, law enforcement crime scene technicians, and certified fire safety inspectors who have fire
investigation responsibilities may become certified fire investigators by completing a 360-hour certification
40
S. 440.16(1)(a)-(b), F.S., states that compensation is based on 50 percent of the statewide average weekly wage to the
surviving spouse if there are no children, and 66 2/3 percent of the statewide average weekly wage if the injured worker
had a surviving spouse and children.
41
S. 440.16(1)(c), F.S.
42
S. 440.151(1)(a), F.S.
43
Ss. 112.18, 112.181 and 175.231, F.S.
44
International Association of Arson Investigators, Inc., Fire Investigator Health and Safety Best Practices, May 4, 2020,
FireInvestigatorHealthSafetyBestPracticesSecond.pdf, (last visited Feb. 18, 2022); and FireRescue1, It’s in the smoke:
cancer-causing compounds and contaminates, August 31, 2018, www.firerescue1.com/fire-
products/turnoutgear/articles/its-in-the-smoke-cancer-causing-compounds-and-contaminates-oNwVFdIZBpJIUZMr/ (last
visited Feb. 18, 2022).
45
ScienceDirect, The “Warm Zone” Cases: Environmental Monitoring Immediately Outside the Fire Incident Response
Arena by Firefighters, September 2018, at 352-355, The “Warm Zone” Cases: Environmental Monitoring Immediately
Outside the Fire Incident Response Arena by Firefighters - ScienceDirect (last visited Feb. 18, 2022).
46
Department of Financial Services, Division of State Fire Marshal, Certification and Testing,
www.myfloridacfo.com/Division/SFM/BFST/Standards/default.htm (last visited Feb. 18, 2022). STORAGE NAME: h0557g.COM PAGE: 7
DATE: 2/21/2022
program and passing a certification exam.
47
The program includes coursework on fire chemistry, fire origin
and cause, fire protection systems, building construction, latent investigation, arson investigation, post blast
investigation, and legal issues for fire investigators.
48
Since 2005, the Florida State Fire College has certified 1,740 fire investigators; 947 of these persons also
hold a firefighter certification.
49
The number of certified investigators working as full-time fire investigators
for state and local governments is not known.
The State Fire Marshal’s Division of Investigative and Forensic Services, Bureau of Fire and Arson
Investigation employs 104 fire investigators and 86 of these employees are either Florida-certified or in the
process of becoming certified. These fire investigators respond to fire scenes throughout the state, on the
day of a fire or within 3 days of a fire, and spend an average of 3 hours on site for each investigation.
50
They handled an average of 39 fires per fire investigator in 2019, and 33 fires per investigator in 2020.
51
The State Fire Marshal conducts investigations when:
A local agency does not have an organized fire department or arson investigators within its law
enforcement agency;
An initial investigation gives reason to believe a fire or explosion was the result of an intentional or
reckless act, or the cause of a fire or explosion is not readily determined by the initial investigation;
A firefighter is injured or killed in the line of duty;
A civilian is injured or killed by a fire or explosion;
The cost of a fire or explosion exceeds $1 million; or
A fire or explosion may be due to the failure of a fire suppression or detection device.
52
According to the U.S. Fire Administration, firefighters in Florida spent about 1.8 percent of their time
fighting fires, and 73.2 percent of their time responding to requests for emergency medical services.
53
Thus, fire investigators employed by the State Fire Marshal likely have as much exposure to cancer-
causing carcinogens as the 19,000 firefighters who respond to the scenes of active fires in Florida.
54
According to the Department of Management Services, which oversees the FRS, some employers that
participate in FRS consider fire investigators to be members of the special risk class, while others place fire
investigators in the regular class.
55
Employees in the special risk class receive enhanced benefits. For
example, a line-of-duty disability retirement benefit for a member of the special risk class is 65 percent of
the employee’s monthly salary, while an employee in the regular class receives 42 percent of his or her
monthly salary.
56
If a fire investigator placed in the regular class wishes to receive the increased benefits of
the special risk class, he or she must complete an application and his or her employer must certify that the
fire inspectors’ duties include on-the-scene firefighting, fire prevention, or fire training, or the supervision of
persons who have such responsibilities.
57
47
Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Standards & Training, Fire
Investigation Certification, https://www.myfloridacfo.com/division/sfm/bfst/Standards/FireInvestigator.pdf (last visited Feb.
18, 2022).
48
R. 69A-37.065(3), F.A.C.
49
DFS, supra note 9, at 2.
50
DFS, supra note 9, at 1.
51
Email from Austin Stowers, Director of Legislative Affairs, Department of Financial Services, RE: HB 557 / SB 838 (Jan.
11, 2021).
52
S. 633.112, F.S., and R. 69D-4.001, F.A.C.
53
U.S. Fire Administration, Florida Fire Loss and Fire Department Profile,
https://www.usfa.fema.gov/data/statistics/states/florida.html (last visited Feb. 18, 2022). The U.S. Fire Administration is an
entity of the U.S. Department of Homeland Security’s Federal Emergency Management Agency.
54
U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics, May 2020, Firefighters,
https://www.bls.gov/oes/current/oes332011.htm (last visited Feb. 18, 2022).
55
Email from Sam Kerce, Deputy Director of Legislative Affairs, Department of Management Services, RE: Qualifying for
Special Risk (Feb. 1, 2022).
56
S. 121.091(4)(f), F.S.
57
S. 121.0515(3)(b), F.S., and R. 60S-1.005, F.A.C. STORAGE NAME: h0557g.COM PAGE: 8
DATE: 2/21/2022
A fire investigator who is diagnosed with cancer may file a petition for workers’ compensation benefits. If
the fire investigator’s cancer is compensable as an occupational disease, the fire investigator is eligible for
temporary disability benefits described above, based on his or her level of impairment, and may be
deemed totally and permanently disabled if he or she is unable to work in any job for any employer.
A fire investigator who is disabled by cancer, but denied workers’ compensation benefits, may be eligible
for a general disability retirement rather than a line-of-duty retirement, so long as the fire investigator has
completed 8 years of service as a member of the FRS or 10 years of service as a member of the FPTF.
The fire investigator would be paid 25 percent of his or her average monthly compensation.
58
Effect of the Bill
The bill amends the definition of “firefighter” to make full-time fire investigators certified by the Florida State
Fire College eligible for the special benefit package provided by s. 112.1816, F.S.
The bill also expands the duties of firefighters to include the investigation of fires and explosives in addition
to the prevention and extinguishing of fires, the protection of life and property, and the enforcement of fire
prevention codes and laws.
The special benefit package would be available to any full-time firefighter or certified fire investigator who
has been employed by the state or a local government, including special fire districts, for at least 5
continuous years and is diagnosed with one of 21 types of cancer discussed above. Additionally, the fire
investigator must not have used tobacco products and cannot have been employed in any other position
which is proven to create a high risk of cancer during the 5 years prior to diagnosis.
A certified fire investigator who qualifies for the special benefit package would be presumed to have
developed cancer in the course of employment, due to the exposures of the job, and be eligible for a line-
of-duty disability retirement (discussed above) if he or she became unable to work as a firefighter.
If a certified fire investigator qualifies for the special benefit package and dies due to cancer or the
treatment of cancer, his or her beneficiaries would be eligible for line-of-duty death benefits (discussed
above). The fire investigator’s beneficiary would also be eligible for a $75,000 death benefit paid by the
employer or the employer’s liability insurance carrier.
The cost of the benefits would be paid by the employer;
59
the employer would not be permitted to increase
employee contributions required to participate in a retirement plan or system to pay for the enhanced
retirement benefits.
60
58
Ss. 121.091(4)(f) and 175.191(1), F.S.
59
S. 112.1816(5)(a) and (c), F.S.
60
S. 112.1816(5)(c), F.S. STORAGE NAME: h0557g.COM PAGE: 9
DATE: 2/21/2022
B. SECTION DIRECTORY:
Section 1. Amends s. 112.1816, F.S., relating to firefighters; cancer diagnosis.
Section 2. Provides a statement of important state interest.
Section 3. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None
2. Expenditures:
State agencies that employ certified fire investigators would pay the full costs of the enhanced
benefits and may not raise employee contributions to an employer-sponsored retirement plan to do
so.
61
Costs include the $25,000 payment; continuation of health insurance for 10 years after the
firefighter separates from employment; reimbursement for all co-payments, deductibles, and co-
insurance payments related to the treatment of cancer; and the cost of any line-of-duty disability or
death benefits that may be required. The state employing agency would also pay a $75,000
survivor’s benefit if a fire investigator is eligible for the benefits in s. 112.1816, F.S., and dies from
cancer.
Since s. 112.1816, F.S., went into effect on July 1, 2019, there have been three cancer claims with
payments totaling $66,308 from the State Risk Management Trust Fund (SRMTF) reported by state
agencies that employ firefighters.
62
Two claimants received the $25,000 cash payment and
compensation for medical benefits, and one claim was settled for $15,000.
63
The Department of
Financial Services (DFS) currently employs 104 fire investigators within the Division of Investigative
and Forensic Services, 86 of which are Florida-certified fire investigators or in the process of
becoming certified.
64
The bill has an indeterminate negative fiscal impact on the SRMTF; however,
the impact is likely significant.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS :
1. Revenues:
None.
2. Expenditures:
Local governments that employ certified fire investigators, including special fire districts, are
responsible for the costs of the special benefits package and may not raise employee contributions
to an employer-sponsored retirement plan to do so.
65
Costs include the $25,000 payment;
continuation of health insurance for 10 years after the firefighter separates from employment;
reimbursement for all co-payments, deductibles, and co-insurance payments related to the
treatment of cancer; and the cost of any line-of-duty disability or death benefits that may be
required. The local government employer also would pay a $75,000 survivor’s benefit if a fire
investigator is eligible for the benefits in s. 112.1816, F.S., and dies from cancer.
The total number of fire investigators employed by local governments or special fire districts is
unknown. Since 2005, the State Fire College has certified 1,740 individuals as a fire investigator.
Of those 1,740 individuals, 947 individuals also hold firefighter certifications covered by the current
61
Id.
62
DFS, supra note 9, at 1.
63
Email from Austin Stowers, Director of Legislative Affairs, Department of Financial Services, RE: HB 557 (Dec. 22,
2021).
64
DFS, supra note 9, at 1.
65
S. 112.1816(5), F.S. STORAGE NAME: h0557g.COM PAGE: 10
DATE: 2/21/2022
definition of firefighter in s. 112.1816, F.S.
66
Under the bill, the remaining 793 certified fire
investigators could potentially be eligible for the special benefits package. Therefore, the bill has an
indeterminate, but likely significant, fiscal impact on local governments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
apply because this bill requires cities and counties and special districts to spend money or take an
action that requires the expenditure of money; however, an exemption may apply as the Legislature
has determined that this bill satisfies an important state interest and similarly situated persons are
all required to comply.
2. Other:
Actuarial Requirements
Article X, s. 14 of the Florida Constitution provides:
A governmental unit responsible for any retirement or pension system supported in
whole or in part by public funds shall not after January 1, 1977, provide any increase in
the benefits to the members or beneficiaries of such system unless such unit has made
or concurrently makes provision for the funding of the increase in benefits on a sound
actuarial basis.
Article X, s. 14 of the State Constitution is implemented by statute under part VII of ch. 112, F.S., the
“Florida Protection of Public Employee Retirement Benefits Act” (Act). The Act establishes minimum
standards for the operation and funding of public employee retirement systems and plans in the State
of Florida. It prohibits the use of any procedure, methodology, or assumptions the effect of which is to
transfer to future taxpayers any portion of the costs which may reasonably have been expected to be
paid by the current taxpayers.
B. RULE-MAKING AUTHORITY:
The bill does not alter existing rulemaking authority or require additional rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 3, 2022, the Government Operations Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment clarified that fire investigators have separate
responsibilities from those of other firefighters by moving the language “the investigation of fires and
explosives” to the end of the paragraph.
This analysis is drafted to the committee substitute as adopted by the Government Operations Subcommittee.
66
DFS, supra note 9, at 2.