Exclusion of Volunteer Firefighters from Florida’s Presumptive Law: A Critical Disparity in the Healthcare System

Firefighting is inherently a hazardous profession. It exposes first responders to numerous dangers, such as extreme heat, toxic smoke, and intense physical and emotional strain. Yet beyond these immediate perils lies an insidious threat many are unaware of: per- and polyfluoroalkyl substances (PFAS), also called “forever chemicals.”

Once prized for heat and water resistance, these synthetic compounds were integrated into turnout gear and the aqueous film-forming foam (AFFF) to enhance their safety and performance. However, studies have shown that PFAS are carcinogenic, which means firefighters regularly exposed to them are likely to develop cancer. 

Amid this persistent crisis, all 50 states nationwide enacted the presumptive cancer legislation to provide medical and disability benefits. However, in Florida, these protections do not apply equally, as they are only reserved for career firefighters. Volunteer firefighters are excluded from the coverage, although they wear the same gear, fight the same fires, and even face the same toxic exposure. This disparity undermines the very intent of the law and places thousands of dedicated responders at serious medical and financial risk.

The Unequal Safety Net

Despite growing awareness of occupational cancer risks, Florida’s legislation continues to draw an arbitrary line between career and volunteer firefighters. In 2019, lawmakers in the Sunshine State enacted Senate Bill 426 to support fire personnel diagnosed with cancer, offering a one-time payment of $25,000 along with medical and disability benefits.

Although this law seems to provide significant relief, it fails to fully recognize the contributions of volunteer firefighters, who comprise a large part of the state’s fire service. This was explicitly implied by the bill, which states that only full-time firefighter employees of the local government employer for at least five continuous years are covered. 

This exclusion is especially troubling given volunteer firefighters' indispensable role in Florida’s emergency response system. They make up 29.6% of the state’s fire personnel—more than half of the 45.4% serving as career professionals. A similar trend also holds true for the nationwide workforce, with at least 52% of the 1,054,500 in the country being volunteers.

These individuals often serve in rural and underresourced areas and are called to the same emergencies as their full-time counterparts. They also wear the same protective gear, deal with life-threatening conditions, and, most importantly, confront long-term health consequences, including cancer caused by PFAS exposure. 

A 2021 study by Rutgers University found that volunteer firefighters had higher levels of PFAS in their blood than career firefighters and the general population. This issue could be attributed to their extensive use of contaminated gear and AFFF to suppress fires, which has not been restricted yet in Florida. Sadly, even when volunteer firefighters develop occupational cancer, they are afforded none of the legal presumptions that would ease access to medical treatment or financial support.

Call for Comprehensive Legislation

PFAS exposure is a persistent issue affecting all walks of life. However, volunteer firefighters find themselves particularly vulnerable due to their employment status. Because they are not considered full-time employees, the law treats them differently, denying them benefits that should be based on the risks they face, not their job title. 

This is not just a simple oversight but a critical policy failure. Volunteer firefighters confront equal, or sometimes even greater, dangers than their career counterparts, so treating them as second-tier responders regarding health and safety is truly unjust. While some states have already expanded presumptive coverage to close this gap, Florida continues to operate under a fragmented system, depriving numerous volunteers of the protections they deserve.

The solution is straightforward: Florida must amend its presumptive cancer legislation to include volunteer firefighters statewide. State lawmakers must follow models from other states that have revised statutes to extend protections to all firefighters, regardless of employment status. Doing so would remove the current inequity in our healthcare system and ensure consistent standards of care.

Volunteer firefighters serve Florida communities without expectation of pay or pension. The least the state can do is provide them with the same presumptive protections when they are diagnosed with occupational cancer. Anything less is legislative negligence.

Jonathan Sharp is the Chief Financial Officer of the Environmental Litigation Group P.C., headquartered in Birmingham, Alabama. For the past 30 years, the firm has actively supported victims of environmental toxic exposure and their families.