October 20, 2019
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_h0123c2
CS/CS/HB 123

1
A bill to be entitled
2An act relating to claims by law enforcement and
3correctional officers; amending s. 30.2905, F.S.;
4providing for interpretation of provisions relating to
5workers' compensation benefits for certain services
6performed by off-duty deputy sheriffs; amending s. 112.18,
7F.S.; providing conditions under which a law enforcement
8officer, correctional officer, or correctional probation
9officer who suffers from a specified medical condition and
10has materially departed from the prescribed treatment for
11that condition shall lose a specified presumption for
12workers' compensation claims made on or after a specified
13date; defining the term "prescribed course of treatment";
14providing for independent medical examinations in certain
15situations; providing that only claims made before leaving
16employment are eligible for a specified presumption;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (2) of section 30.2905, Florida
22Statutes, is amended to read:
23     30.2905  Program to contract for employment of off-duty
24deputies for security services.-
25     (2)(a)  Any such public or private employer of a deputy
26sheriff shall be responsible for the acts or omissions of the
27deputy sheriff while performing services for that employer while
28off duty, including workers' compensation benefits.
29     (b)  However, for the workers' compensation purposes of
30this section:,
31     1.  A deputy sheriff so employed who sustains an injury
32while enforcing the criminal, traffic, or penal laws of this
33state shall be regarded as working on duty.
34     2.  The term "enforcing the criminal, traffic, or penal
35laws of this state" shall be interpreted broadly and includes,
36but is not limited to, providing security, patrol, or traffic
37direction for a private employer.
38     Section 2.  Section 112.18, Florida Statutes, is amended to
39read:
40     112.18  Firefighters and law enforcement or correctional
41officers; special provisions relative to disability.-
42     (1)(a)  Any condition or impairment of health of any
43Florida state, municipal, county, port authority, special tax
44district, or fire control district firefighter or any law
45enforcement officer, or correctional officer, or correctional
46probation officer as defined in s. 943.10(1), (2), or (3) caused
47by tuberculosis, heart disease, or hypertension resulting in
48total or partial disability or death shall be presumed to have
49been accidental and to have been suffered in the line of duty
50unless the contrary be shown by competent evidence. However, any
51such firefighter or law enforcement officer must shall have
52successfully passed a physical examination upon entering into
53any such service as a firefighter or law enforcement officer,
54which examination failed to reveal any evidence of any such
55condition. Such presumption does shall not apply to benefits
56payable under or granted in a policy of life insurance or
57disability insurance, unless the insurer and insured have
58negotiated for such additional benefits to be included in the
59policy contract.
60     (b)1.  For any workers' compensation claim filed under this
61section and chapter 440 occurring on or after July 1, 2010, a
62law enforcement officer, correctional officer, or correctional
63probation officer as defined in s. 943.10(1), (2), or (3)
64suffering from tuberculosis, heart disease, or hypertension is
65presumed not to have incurred such disease in the line of duty
66as provided in this section if the law enforcement officer,
67correctional officer, or correctional probation officer:
68     a.  Departed in a material fashion from the prescribed
69course of treatment of his or her personal physician and the
70departure is demonstrated to have resulted in a significant
71aggravation of the tuberculosis, heart disease, or hypertension
72resulting in disability or increasing the disability or need for
73medical treatment; or
74     b.  Was previously compensated pursuant to this section and
75chapter 440 for tuberculosis, heart disease, or hypertension and
76thereafter sustains and reports a new compensable workers'
77compensation claim under this section and chapter 440, and the
78law enforcement officer, correctional officer, or correctional
79probation officer has departed in a material fashion from the
80prescribed course of treatment of an authorized physician for
81the preexisting workers' compensation claim and the departure is
82demonstrated to have resulted in a significant aggravation of
83the tuberculosis, heart disease, or hypertension resulting in
84disability or increasing the disability or need for medical
85treatment.
86     2.  As used in this paragraph, "prescribed course of
87treatment" means prescribed medical courses of action and
88prescribed medicines for the specific disease or diseases
89claimed and as documented in the prescribing physician's medical
90records.
91     3.  If there is a dispute as to the appropriateness of the
92course of treatment prescribed by a physician under sub-
93subparagraph 1.a. or sub-subparagraph 1.b. or whether a
94departure in a material fashion from the prescribed course of
95treatment is demonstrated to have resulted in a significant
96aggravation of the tuberculosis, heart disease, or hypertension
97resulting in disability or increasing the disability or need for
98medical treatment, the law enforcement officer, correctional
99officer, or correctional probation officer is entitled to seek
100an independent medical examination pursuant to s. 440.13(5).
101     4.  A law enforcement officer, correctional officer, or
102correctional probation officer is not entitled to the
103presumption provided in this section unless a claim for benefits
104is made prior to leaving the employment of the employing agency.
105     (2)  This section authorizes each governmental entity
106specified in subsection (1) shall be construed to authorize the
107above governmental entities to negotiate policy contracts for
108life and disability insurance to include accidental death
109benefits or double indemnity coverage which shall include the
110presumption that any condition or impairment of health of any
111firefighter, law enforcement officer, or correctional officer
112caused by tuberculosis, heart disease, or hypertension resulting
113in total or partial disability or death was accidental and
114suffered in the line of duty, unless the contrary be shown by
115competent evidence.
116     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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