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May 25, 2013
     
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FPF Legislative Accomplishments
Updated On: Nov 16, 2005

 

FPF LEGISLATIVE SUCCESSES AND ISSUES BENEFITING FIREFIGHTERS AND PARAMEDICS

Florida laws and rules granting:

  • Death Benefit - $10,000 to $20,000 (for surviving family)
  • Firefighters Collective Bargaining Law - First limited to a few counties (1967) - amended to be statewide (1972)
  • Firefighters - Standards and Certification
  • Increase in 175 pension monies -- allowed increase to a 2% multiplier
  • Firefighters membership in Special Risk Class of Florida Retirement System
  • Creation of appeals board in Florida Retirement System
  • Repeal of local ordinances which prohibited political involvement by Firefighters (Little Hatch Act)
  • Employee right to retain retirement system on Consolidation of local governments
  • Protection of employee rights under home rule Act of 1973
  • Public employees Collective Bargaining Part II, Chapter No. 447 (Firefighters became part of statewide law)
  • 1965 - Heart Presumption Act - Now compensable by workers’ compensation and pension
  • Transferring Firefighters Standards Council from Dept. Community Affairs to Fire Marshal/Fire College
  • Firefighters could not be rated-up on personal auto insurance because of employment record
  • Sovereign immunity - employees (Firefighters) not libel in tort action resulting from activities in line-of-duty
  • 1981 - very good and much needed improvement to Chapter 633. Fire Standards (Florida Statutes)Death Benefit - $10,000 to $20,000 (for surviving family)
      1. Re-certification of fire inspectors - every three (3) years
      2. Clarification of felony provisions - as disqualifying in employment
      3. Strengthen physical exam requirements including NFPA pamphlet 1001
      4. Increased hours of pre-certification training
      5. Establishing criteria for de-certification and creating a misdemeanor for falsifying an employment of certification application
  • Upgrading the accrued benefit in Florida Retirement System - special risk for city Firefighters joining system - 1.6 regular to 2% - prior past service
  • Fire departments retain their logo and color schemes on EMS services not purchased by Federal money
  • Tri-annual re-certification for paramedics
  • Mini Public Employees Relations Commission members to be appointed and represented as provided by state law
  • Exemption for locals representing non-union members in grievance proceedings
  • Florida Public Retirement responsibility law - Chapter 112
  • Credit for service Firefighters who were members of SCOERS, in Florida Retirement System
  • Firefighters $50,000 death benefit if unlawfully and intentionally killed in the line of duty; education benefits for surviving dependents
  • Firefighters Educational Incentive Law (improvements) ‘98 funding $3,000,000.00 - over 3,000 Firefighters, Paramedics and EMT’s benefiting
  • Adoption of OSHA Fire Brigade Standards (including 2in/2out rule)
  • Reform of F.S. 175 Municipal Firefighters Pension Trust funds 1986-‘94-‘98
  • Right to know Law - Firefighters are advised of known toxic substances stored in their community
  • Firefighter Bill of Rights F.S. 112 - guarantees a fair procedure during disciplinary hearings
  • Restoration of 3% Retirement Benefit for members of FRS Special Risk: 7500 Firefighters benefitted
  • Firefighters Certification Requirement: Non Use of Tobacco/applies to new hires after 1988
  • Florida Public Employee Relations Commission assumption of jurisdiction over local MINI-PERCs: Only 8 mini-PERCs exist out of 2000 public employers
  • Revision of Registration requirements for Solicitation of the public by Emergency Service Org.
  • Revision of qualification for certification as a firefighter: increased minimum hours
  • Abolishment of Fireman’s rule: grant legal status of Invitee for Firefighters entering property
  • Increase of death benefit to $75,000; Arson added to definition of eligibility requirements
  • Funding for New State Fire College: $10 million
  • Authorization of release of HIV test results under certain circumstances to "injured" Firefighter and Emergency Medical Services Personnel
  • Increase in health insurance subsidy for FRS retirees
  • Exemption from Public Records for Firefighters, i.e. name, address, phone no., etc.
  • Health Insurance subsidy for retirees under Chapter 175 Pension Plans
  • Certification requirements for Forestry Firefighters: 700 State Forestry members affected
  • New OSHA standard for Bloodborne Pathogens: protects Emergency Rescue Workers by requiring exposure control plans; limiting exposure by engineering controls, personal protective equipment, worker training and preventive vaccinations
  • Rules adopted requiring Fire and Emergency Medical Services to establish safety procedures and manuals
  • FRS Special Risk requirement after 25 years regardless of age or gaps in service
  • Transfer of Bureau of Police & Fire Pensions from Dept. of Insurance to Division of Retirement: $85 million annually distributed to Police and Fire Pension Funds
  • Redistribution of "surplus" from Firefighters Supplemental Compensation Program back to municipal pension plans: $1,100,000
  • Reinstatement of death benefits to remarried surviving spouses of Firefighters
  • Establishment of Statutory Authority for Special Fire Districts to be eligible for Insurance Premium Taxes and the ability to create a pension fund under F.S. 175
  • F.S. 112 - Infectious Disease presumption - Hepatitis, Spinal Meningitis and Tuberculosis considered to be job related injury/sickness
  • Opposed efforts to repeal and/or "water down" Firefighters Heart Disease Law
  • Establishment of the Deferred Retirement Option Program in FRS
  • Expanded scope of practice in non-emergency environment for Paramedics and EMTs
  • Uniform Statewide Building Code-Fire Service responsible for Fire Code Enforcement
  • Added EMT’s and Paramedics to Special Risk Class of FRS-2500 EMTs and Paramedics statewide benefitted
  • EMTs and Paramedics allowed to purchase all eligible time under FRS and convert it to Special Risk 3%
  • Add 911 cell phone calls to a system that pinpoints location of emergency
  • Pension improvements for municipal and special district firefighters - F.S. 175
  • Inclusion of Firefighters employed by a state agency under the Firefighters Heart Presumption law
  • Adjustment of age for eligibility to participate in the "DROP" provisions of FRS from 50 to 52 - F.S. 121
  • Restored 3% multiplier for Firefighters and Law Enforcement Officers that lost the benefit in 1978-1992 - 32,500 members effected
  • Established Firefighters Safety rules within the Office of State Fire Marshal. – 2000
  • 12,200 Retired Firefighters and Law Enforcement Officers in FRS Special Risk receive a 12% COLA adjustment. 3% multiplier restored to both active and retired special risk members. – 2001
  • Workers compensation coverage provided to Firefighters, Paramedics, and EMTs who are off duty or outside their employer’s jurisdiction and are engaged in their primary duties in an emergency situation shall be considered to be acting within the scope of their employment. – 2002
  • Any person that causes the death of a law enforcement officer, firefighter, paramedic, or EMT through culpable negligence, it shall be considered to have been committed under the act of aggravated manslaughter punishable as a felony of the first degree. – 2002
  • Increased monetary death benefits from $25,000.00 to $50,000.00 (accidental death) from $75,000.00 to $150,000.00 (unlawfully and intentionally killed.) Authorizes State Fire Marshal to adjust amounts annually by CPI. – 2002
  • Extended educational benefits to include surviving spouse of firefighter who wishes to obtain a post-secondary or graduate degree. – 2002
  • Department of Motor Vehicles will develop the "Florida Firefighter License Plate". Revenue generated by the purchase of this plate ($20 per plate) would be deposited into the Florida Firefighters Charities a 501(c) (3) non-profit corporation and distributed pursuant to its’ articles of incorporation. – 2002
  • The Florida Cabinet Reforms which were adopted by the citizens of Florida in November of 1998 require that the duties of the Department of Insurance and the Department of Banking and Finance be merged. Likewise, the referendum directs that the statewide elected positions of Treasurer and Insurance Commissioner and State Comptroller be merged into one, which will now be known as the "Chief Financial Officer". The Division of the State Fire Marshal is part of the Department of Insurance. Legislation was adopted that creates the Department of Financial Services which will be headed by the Chief Financial Officer (CFO) and places the Division of State Fire Marshal under the jurisdiction of the CFO. The division retains its current duties and responsibilities. – 2002
  • Legislation passed that creates the "Florida Firefighters Occupational Safety and Health Act" and provides:
      1. the authority to the Division State Fire Marshal to promulgate and adopt rules pertaining to workplace safety,
      2. requires the division to study firefighter occupational diseases and the control and prevention of those diseases,
      3. requires the division to make recommendations regarding the prevention of firefighter injuries,
      4. requires that firefighter employers meet to discuss ways of providing a safe work environment,
      5. provides rules and regulations regarding the establishment of workplace safety committees,
      6. provides for civil and criminal penalties for non-compliance or violations of the act,
      7. institutes the provisions of 29 C.F.R. s. 1910.134(g)(4) "two in and two out,"
      8. the name of the Firefighters Standards and Training Council is changed to the Firefighters Employment, Standards, and Training Council, and
      9. expands the membership of the council from nine members to 13 members. – 2002
  • Legislation adopted that provides that an active-member position on the board of trustees of a closed chapter or local law plan for firefighters may be held by a retired member of the plan if the active membership of the plan falls below 10. The legislation also provides that when a "closed plan" has been determined to be "fully funded", and subsequently, something occurs which places the plan below a "fully funded" status, the plan may receive premium tax proceeds until it is again determined to be "fully funded". In addition, a "closed plan" shall remain in effect until the final benefit payment has been made, rather than when the last active plan participant has terminated employment. – 2002

     
Florida Professional Firefighters
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