House Bill hb0249

    Florida House of Representatives - 2001                 HB 249

        By Representative Kilmer






  1                      A bill to be entitled

  2         An act relating to disability in the line of

  3         duty; amending s. 112.18, F.S.; expanding the

  4         provisions of law with respect to disability in

  5         the line of duty to include all law enforcement

  6         officers and certain correctional officers;

  7         providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 112.18, Florida Statutes, is

12  amended to read:

13         112.18  Firefighters and state law enforcement

14  officers; special provisions relative to disability.--

15         (1)  Any condition or impairment of health of any

16  Florida state, municipal, county, port authority, special tax

17  district, or fire control district firefighter or any state

18  law enforcement officer or correctional officer as defined in

19  s. 943.10(1), (2), or (3) caused by tuberculosis, heart

20  disease, or hypertension resulting in total or partial

21  disability or death shall be presumed to have been accidental

22  and to have been suffered in the line of duty unless the

23  contrary be shown by competent evidence. However, any such

24  firefighter or state law enforcement officer shall have

25  successfully passed a physical examination upon entering into

26  any such service as a firefighter or state law enforcement

27  officer, which examination failed to reveal any evidence of

28  any such condition.  Such presumption shall not apply to

29  benefits payable under or granted in a policy of life

30  insurance or disability insurance, unless the insurer and

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    Florida House of Representatives - 2001                 HB 249

    718-126-01






  1  insured have negotiated for such additional benefits to be

  2  included in the policy contract.

  3         (2)  This section shall be construed to authorize the

  4  above governmental entities to negotiate policy contracts for

  5  life and disability insurance to include accidental death

  6  benefits or double indemnity coverage which shall include the

  7  presumption that any condition or impairment of health of any

  8  firefighter, law enforcement officer, or correctional officer

  9  caused by tuberculosis, heart disease, or hypertension

10  resulting in total or partial disability or death was

11  accidental and suffered in the line of duty, unless the

12  contrary be shown by competent evidence.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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17                          HOUSE SUMMARY

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      Expands a provision of law with respect to disability in
19    the line of duty to include all law enforcement officers
      rather than only state law enforcement officers and to
20    include correctional officers. See bill for details.

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