October 16, 2019
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       Florida Senate - 2010                                     SB 212
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00289A-10                                           2010212__
    1                        A bill to be entitled                      
    2         An act relating to claims by law enforcement and
    3         correctional officers; amending s. 112.18, F.S.;
    4         providing conditions under which a law enforcement
    5         officer, correctional officer, or correctional
    6         probation officer who suffers from a specified medical
    7         condition and has materially departed from the
    8         prescribed treatment for that condition shall lose a
    9         specified presumption for claims made on or after a
   10         specified date; defining the term “prescribed course
   11         of treatment”; providing for second medical opinions
   12         in certain situations; providing that only claims made
   13         before leaving employment are eligible for a specified
   14         presumption; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 112.18, Florida Statutes, is amended to
   19  read:
   20         112.18 Firefighters and law enforcement or correctional
   21  officers; special provisions relative to disability.—
   22         (1)(a) Any condition or impairment of health of any Florida
   23  state, municipal, county, port authority, special tax district,
   24  or fire control district firefighter or any law enforcement
   25  officer, or correctional officer, or correctional probation
   26  officer as defined in s. 943.10(1), (2), or (3) caused by
   27  tuberculosis, heart disease, or hypertension resulting in total
   28  or partial disability or death shall be presumed to have been
   29  accidental and to have been suffered in the line of duty unless
   30  the contrary be shown by competent evidence. However, any such
   31  firefighter or law enforcement officer must shall have
   32  successfully passed a physical examination upon entering into
   33  any such service as a firefighter or law enforcement officer,
   34  which examination failed to reveal any evidence of any such
   35  condition. Such presumption does shall not apply to benefits
   36  payable under or granted in a policy of life insurance or
   37  disability insurance, unless the insurer and insured have
   38  negotiated for such additional benefits to be included in the
   39  policy contract.
   40         (b)For any claim occurring on or after July 1, 2010, a law
   41  enforcement officer, correctional officer, or correctional
   42  probation officer as defined in s. 943.10(1), (2), or (3)
   43  suffering from tuberculosis, heart disease, or hypertension is
   44  presumed not to have incurred such disease in the line of duty
   45  as provided in this section if the law enforcement officer,
   46  correctional officer, or correctional probation officer:
   47         1.Departed in a material fashion from the prescribed
   48  course of treatment of his or her personal physician and the
   49  departure is demonstrated to have resulted in a significant
   50  aggravation of the tuberculosis, heart disease, or hypertension
   51  resulting in disability or increasing the disability or need for
   52  medical treatment; or
   53         2.Was previously compensated pursuant to this section and
   54  chapter 440 for tuberculosis, heart disease, or hypertension and
   55  thereafter sustains and reports a new compensable workers’
   56  compensation claim under this section and chapter 440, and the
   57  law enforcement officer, correctional officer, or correctional
   58  probation officer has departed in a material fashion from the
   59  prescribed course of treatment of an authorized physician for
   60  the preexisting workers’ compensation claim and the departure is
   61  demonstrated to have resulted in a significant aggravation of
   62  the tuberculosis, heart disease, or hypertension resulting in
   63  disability or increasing the disability or need for medical
   64  treatment.
   65         (c)As used in this subsection, “prescribed course of
   66  treatment” means prescribed medical courses of action and
   67  prescribed medicines for the specific disease or diseases
   68  claimed and as documented in the prescribing physician’s medical
   69  records.
   70         (d)If there is a dispute as to the appropriateness of the
   71  course of treatment prescribed by a physician under subparagraph
   72  (b)1. or subparagraph (b)2. or whether a departure in a material
   73  fashion from the prescribed course of treatment is demonstrated
   74  to have resulted in a significant aggravation of the
   75  tuberculosis, heart disease, or hypertension resulting in
   76  disability or increasing the disability or need for medical
   77  treatment, the law enforcement officer, correctional officer, or
   78  correctional probation officer is entitled to seek a second
   79  opinion from a physician pursuant to the procedure for an
   80  independent medical examination provided in s. 440.13(5).
   81         (e)A law enforcement officer, correctional officer, or
   82  correctional probation officer is not entitled to the
   83  presumption provided in this section unless a claim for benefits
   84  is made prior to leaving the employment of the employing agency.
   85         (2) This section authorizes each governmental entity
   86  specified in subsection (1) shall be construed to authorize the
   87  above governmental entities to negotiate policy contracts for
   88  life and disability insurance to include accidental death
   89  benefits or double indemnity coverage which shall include the
   90  presumption that any condition or impairment of health of any
   91  firefighter, law enforcement officer, or correctional officer
   92  caused by tuberculosis, heart disease, or hypertension resulting
   93  in total or partial disability or death was accidental and
   94  suffered in the line of duty, unless the contrary be shown by
   95  competent evidence.
   96         Section 2. This act shall take effect July 1, 2010.

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