CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-032 Bill No. CS for CS for SB 108, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Fasano and Kilmer offered the following:
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13 Amendment (with title amendment)
14 On page 4, between lines 2 and 3,
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16 and insert:
17 Section 3. Section 112.18, Florida Statutes, is
18 amended to read:
19 112.18 Firefighters and state law enforcement
20 officers; special provisions relative to disability.--
21 (1) Any condition or impairment of health of any
22 Florida state, municipal, county, port authority, special tax
23 district, or fire control district firefighter or any state
24 law enforcement officer or correctional officer as defined in
25 s. 943.10(1), (2), or (3) caused by tuberculosis, heart
26 disease, or hypertension resulting in total or partial
27 disability or death shall be presumed to have been accidental
28 and to have been suffered in the line of duty unless the
29 contrary be shown by competent evidence. However, any such
30 firefighter or state law enforcement officer shall have
31 successfully passed a physical examination upon entering into
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File original & 9 copies 03/13/02
hbd0022 11:37 am 00108-0045-570665
HOUSE AMENDMENT
hbd-032 Bill No. CS for CS for SB 108, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any such service as a firefighter or state law enforcement
2 officer, which examination failed to reveal any evidence of
3 any such condition. Such presumption shall not apply to
4 benefits payable under or granted in a policy of life
5 insurance or disability insurance, unless the insurer and
6 insured have negotiated for such additional benefits to be
7 included in the 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, law enforcement officer, or correctional officer
14 caused by tuberculosis, heart disease, or hypertension
15 resulting in total or partial disability or death was
16 accidental and suffered in the line of duty, unless the
17 contrary be shown by competent evidence.
18 Section 4. The Legislature finds that a proper and
19 legitimate state purpose is served when law enforcement
20 officers, correctional officers, and correctional probation
21 officers are included in the class that benefits from the
22 presumption that tuberculosis, heart disease, or hypertension
23 resulting in total or partial disability or death is
24 accidental and suffered in the line of duty unless the
25 contrary be shown by competent evidence. Therefore, the
26 Legislature determines and declares that this act fulfills an
27 important state interest.
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31 And the title is amended as follows:
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File original & 9 copies 03/13/02
hbd0022 11:37 am 00108-0045-570665
HOUSE AMENDMENT
hbd-032 Bill No. CS for CS for SB 108, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 On page 1, line 9, after the semicolon,
2 remove:
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4 and insert:
5 amending s. 112.18, F.S.; expanding the
6 provisions of law with respect to disability in
7 the line of duty to include all law enforcement
8 officers and certain correctional officers;
9 providing a finding of important state
10 interest;
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File original & 9 copies 03/13/02
hbd0022 11:37 am 00108-0045-570665