Florida Attorney General
Date: June 5, 2020
Subject: Firefighters - public safety officers - cancer benefits
June 5, 2020
Lonnie N. Groot
City of Attorney, City of Daytona Beach Shores
300 International Parkway, Suite 100
Lake Mary, Florida 32746
Dear Mr. Groot:
On behalf of the City Council of the City of Daytona Beach Shores, you have asked Attorney General Ashley Moody for an opinion on the following question:
Effective July 1, 2019, the Legislature enacted section 112.1816, which makes firefighters diagnosed with certain cancers eligible to receive disability or death benefits in lieu of pursuing workers’ compensation coverage. Chapter 2019-21, Laws of Fla. (2019). Section 112.1816(1)(c) defines “firefighter” as:
The statutory definition as drafted sets forth a two-part test. The employee must: (1) be “employed as a full-time firefighter”; and (2) be employed “within the fire department or public safety department of an employer whose primary responsibilities are the prevention and extinguishing of fires; the protection of life and property; and the enforcement of municipal, county, and state fire prevention codes and laws pertaining to the prevention and control of fires.” The first part of the test looks at the employee’s duties. The second part of the test looks at the employer’s primary responsibilities. A primary purpose of the City’s Public Safety Department is firefighting and prevention. Thus, the employing agency appears to meet the second part of the test.
Public Safety Officers whose full-time duties are firefighting, fire safety, and fire code enforcement would satisfy the definition in section 112.1816(1)(c). If, however, the duties of public safety officers are law enforcement, and their firefighting duties are not full-time, by using the term “full-time firefighter”, the legislature appears to have excluded those employees from coverage under section 112.1816. The factual determination of a Public Safety Officer’s full-time, primary responsibilities must be made by the employing agency.
The definition in section 112.1816(1)(c) does not affect the benefits available to firefighters under sections 112.18, Florida Statutes (conditions caused by tuberculosis, heart disease, or hypertension suffered in the line of duty), 112.18, Florida Statutes (conditions caused by hepatitis, meningococcal meningitis, or tuberculosis suffered in the line of duty), or 112.1815, Florida Statutes (diseases arising out of employment as a first responder).