Longboat Key planning to add firefighter cancer protections to Town Code

A law passed in 2019 by the Florida Legislature has prompted Longboat Key leaders to begin the process of including certain employer-funded cancer benefits for town firefighters. Commissioners granted initial approval, with a second vote still to come. 

“This ordinance references a state statute that was enacted a couple of years ago that says that if a firefighter becomes totally and permanently disabled as a result of one of 21 different types of cancer, which are specified in the state law, then the firefighter will be considered to have become disabled in the line of duty,” said Jim Linn, a lawyer with Lewis, Longman and Walker, a St. Petersburg law firm the town consults with on matter of retirement and pensions. “So, whether you put this language in your code or not, the state law will require that firefighters who incur one of these 21 types of cancer be considered to be disabled for purposes of your pension plan.”

Florida law states that instead of pursuing workers’ compensation coverage, a firefighter is entitled to cancer treatment coverage and a one-time cash payout of $25,000 upon the initial diagnosis of cancer.

In order to be entitled, the firefighter must fulfill the following criteria:

• Be employed full-time as a firefighter;
• Be employed by the state, university, city, county, port authority, special district, or fire control district;
• Have been employed by his or her employer for at least five continuous years;
• Not have used tobacco products for at least the preceding five years; and
• Have not been employed in any other position in the preceding five years which is proven to create a higher risk for cancer.

In April, Longboat Key Fire Chief Paul Dezzi told the Observer the state law came about based on data that indicated firefighters were experiencing cancers at a higher rate than other professions. Data from the Centers for Disease Control and Prevention indicate a 9% higher rate of cancer for firefighters and a 14% higher rate of deaths from cancer. Chemicals tied to smoke and combustion are thought to be to blame.

The town is about a month away from opening its new fire station at 2162 Gulf of Mexico Drive. The new station, and the remodeled mid-island station, will include a decontamination area so firefighters returning from a call can clean and shower to do their best to remove possible carcinogens and store gear exposed to potential harmful substances away from their living areas. The system is an initiative of the International Association of Fire Fighters, Dezzi said.

Before voting against the measure, Commissioner Sherry Dominick wondered about the benefit of adding the language into the town’s pension plan rather than simply following state law.

“Why not just go with a state statute as it is, and leave it at that?” Dominick asked.

Linn said the town already lists specific disabilities in its code, and adding the cancers listed by the state measure was a logical extension. 

“So, the only negative and Sherry [Dominick] was approaching this, is if the law changed, would we still be bound? And what I’m hearing from Jim [Linn] is probably not,” Mayor Ken Schneier said.

Linn said the town could change its ordinance as long as it is consistent with state law.