April 22, 2019
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       Florida Senate - 2010                       CS for CS for SB 212
       
       
       
       By the Committees on Banking and Insurance; and Criminal
       Justice; and Senator Oelrich
       
       
       
       597-04850-10                                           2010212c2
    1                        A bill to be entitled                      
    2         An act relating to claims by law enforcement and
    3         correctional officers; amending s. 30.2905, F.S.;
    4         providing for interpretation of provisions relating to
    5         workers’ compensation benefits for certain services
    6         performed by off-duty deputy sheriffs; providing for
    7         recovery by sheriffs of increased workers’
    8         compensation expenses due to off-duty employment of
    9         deputy sheriffs; amending s. 112.18, F.S.; providing
   10         conditions under which a law enforcement officer,
   11         correctional officer, or correctional probation
   12         officer who suffers from a specified medical condition
   13         and has materially departed from the prescribed
   14         treatment for that condition shall lose a specified
   15         presumption for workers’ compensation claims made on
   16         or after a specified date; defining the term
   17         “prescribed course of treatment”; providing for
   18         independent medical examinations in certain
   19         situations; providing that only claims made before
   20         leaving employment are eligible for a specified
   21         presumption; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (2) of section 30.2905, Florida
   26  Statutes, is amended to read:
   27         30.2905 Program to contract for employment of off-duty
   28  deputies for security services.—
   29         (2)(a) Any such public or private employer of a deputy
   30  sheriff shall be responsible for the acts or omissions of the
   31  deputy sheriff while performing services for that employer while
   32  off duty, including workers’ compensation benefits.
   33         (b) However, for the workers’ compensation purposes of this
   34  section:,
   35         1. A deputy sheriff so employed who sustains an injury
   36  while enforcing the criminal, traffic, or penal laws of this
   37  state shall be regarded as working on duty.
   38         2. The term “enforcing the criminal, traffic, or penal laws
   39  of this state” shall be interpreted to include providing
   40  security, patrol, or traffic direction for a private employer.
   41         3. A sheriff may recover from a private or public employer
   42  of an off-duty deputy sheriff, who is regarded as working on
   43  duty under this paragraph, any increase in the sheriff’s
   44  workers’ compensation expenses which results directly from the
   45  off-duty employment.
   46         Section 2. Section 112.18, Florida Statutes, is amended to
   47  read:
   48         112.18 Firefighters and law enforcement or correctional
   49  officers; special provisions relative to disability.—
   50         (1)(a) Any condition or impairment of health of any Florida
   51  state, municipal, county, port authority, special tax district,
   52  or fire control district firefighter or any law enforcement
   53  officer, or correctional officer, or correctional probation
   54  officer as defined in s. 943.10(1), (2), or (3) caused by
   55  tuberculosis, heart disease, or hypertension resulting in total
   56  or partial disability or death shall be presumed to have been
   57  accidental and to have been suffered in the line of duty unless
   58  the contrary be shown by competent evidence. However, any such
   59  firefighter or law enforcement officer must shall have
   60  successfully passed a physical examination upon entering into
   61  any such service as a firefighter or law enforcement officer,
   62  which examination failed to reveal any evidence of any such
   63  condition. Such presumption does shall not apply to benefits
   64  payable under or granted in a policy of life insurance or
   65  disability insurance, unless the insurer and insured have
   66  negotiated for such additional benefits to be included in the
   67  policy contract.
   68         (b)1. For any workers’ compensation claim filed under this
   69  section and chapter 440 occurring on or after July 1, 2010, a
   70  law enforcement officer, correctional officer, or correctional
   71  probation officer as defined in s. 943.10(1), (2), or (3)
   72  suffering from tuberculosis, heart disease, or hypertension is
   73  presumed not to have incurred such disease in the line of duty
   74  as provided in this section if the law enforcement officer,
   75  correctional officer, or correctional probation officer:
   76         a. Departed in a material fashion from the prescribed
   77  course of treatment of his or her personal physician and the
   78  departure is demonstrated to have resulted in a significant
   79  aggravation of the tuberculosis, heart disease, or hypertension
   80  resulting in disability or increasing the disability or need for
   81  medical treatment; or
   82         b. Was previously compensated pursuant to this section and
   83  chapter 440 for tuberculosis, heart disease, or hypertension and
   84  thereafter sustains and reports a new compensable workers’
   85  compensation claim under this section and chapter 440, and the
   86  law enforcement officer, correctional officer, or correctional
   87  probation officer has departed in a material fashion from the
   88  prescribed course of treatment of an authorized physician for
   89  the preexisting workers’ compensation claim and the departure is
   90  demonstrated to have resulted in a significant aggravation of
   91  the tuberculosis, heart disease, or hypertension resulting in
   92  disability or increasing the disability or need for medical
   93  treatment.
   94         2. As used in this paragraph, “prescribed course of
   95  treatment” means prescribed medical courses of action and
   96  prescribed medicines for the specific disease or diseases
   97  claimed and as documented in the prescribing physician’s medical
   98  records.
   99         3. If there is a dispute as to the appropriateness of the
  100  course of treatment prescribed by a physician under sub
  101  subparagraph 1.a. or sub-subparagraph 1.b. or whether a
  102  departure in a material fashion from the prescribed course of
  103  treatment is demonstrated to have resulted in a significant
  104  aggravation of the tuberculosis, heart disease, or hypertension
  105  resulting in disability or increasing the disability or need for
  106  medical treatment, the law enforcement officer, correctional
  107  officer, or correctional probation officer is entitled to seek
  108  an independent medical examination pursuant to s. 440.13(5).
  109         4. A law enforcement officer, correctional officer, or
  110  correctional probation officer is not entitled to the
  111  presumption provided in this section unless a claim for benefits
  112  is made prior to leaving the employment of the employing agency.
  113         (2) This section authorizes each governmental entity
  114  specified in subsection (1) shall be construed to authorize the
  115  above governmental entities to negotiate policy contracts for
  116  life and disability insurance to include accidental death
  117  benefits or double indemnity coverage which shall include the
  118  presumption that any condition or impairment of health of any
  119  firefighter, law enforcement officer, or correctional officer
  120  caused by tuberculosis, heart disease, or hypertension resulting
  121  in total or partial disability or death was accidental and
  122  suffered in the line of duty, unless the contrary be shown by
  123  competent evidence.
  124         Section 3. This act shall take effect July 1, 2010.

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