House Bill hb0649e1

                                           HB 649, First Engrossed



  1                      A bill to be entitled

  2         An act relating to law enforcement officers'

  3         disabilities; amending s. 112.18, F.S.;

  4         including county and municipal law enforcement

  5         officers, correctional officers, and

  6         correctional probation officers within special

  7         provisions creating a presumption relating to

  8         causes of certain disabilities; providing a

  9         declaration of important state interest;

10         providing an effective date.

11

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

13

14         Section 1.  Section 112.18, Florida Statutes, is

15  amended to read:

16         112.18  Firefighters, correctional officers, and state,

17  county, or municipal law enforcement officers; special

18  provisions relative to disability.--

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

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

21  district, or fire control district firefighter, correctional

22  officer as defined in s. 943.10(2) and (3), or state, county,

23  or municipal law enforcement officer caused by tuberculosis,

24  heart disease, or hypertension resulting in total or partial

25  disability or death shall be presumed to have been accidental

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

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

28  firefighter, correctional officer, or state, county, or

29  municipal law enforcement officer shall have successfully

30  passed a physical examination upon entering into any such

31  service as a firefighter, correctional officer, or state,


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






                                           HB 649, First Engrossed



  1  county, or municipal law enforcement officer, which

  2  examination failed to reveal any evidence of any such

  3  condition.  Such presumption shall not apply to benefits

  4  payable under or granted in a policy of life insurance or

  5  disability insurance, unless the insurer and insured have

  6  negotiated for such additional benefits to be included in the

  7  policy contract.

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

  9  above governmental entities to negotiate policy contracts for

10  life and disability insurance to include accidental death

11  benefits or double indemnity coverage which shall include the

12  presumption that any condition or impairment of health of any

13  firefighter caused by tuberculosis, heart disease, or

14  hypertension resulting in total or partial disability or death

15  was accidental and suffered in the line of duty, unless the

16  contrary be shown by competent evidence.

17         Section 2.  The Legislature finds that a proper and

18  legitimate state purpose is served when county and municipal

19  law enforcement officers, correctional officers, and

20  correctional probation officers are included in the class that

21  benefits from the presumption that tuberculosis, heart

22  disease, or hypertension resulting in total or partial

23  disability or death is accidental and suffered in the line of

24  duty unless the contrary is shown by competent evidence.

25  Therefore, the Legislature determines and declares that this

26  act fulfills an important state interest.

27         Section 3.  This act shall take effect upon becoming a

28  law.

29

30

31


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