Senate Bill sb0108

    Florida Senate - 2002                                   SB 108

    By Senator Smith





    5-108-02

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.091, F.S.; specifying

  4         circumstances under which state-certified

  5         firefighters are considered to be acting within

  6         the scope of their employment so as to qualify

  7         for workers' compensation benefits; providing

  8         an effective date.

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

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12         Section 1.  Section 440.091, Florida Statutes, is

13  amended to read:

14         440.091  Law enforcement officer or certified

15  firefighter; when acting within the course of employment.--If

16  an employee:

17         (1)  Is elected, appointed, or employed full time by a

18  municipality, the state, or any political subdivision and:

19         (a)  Is a firefighter certified under chapter 633, or

20         (b)  Is vested with authority to bear arms and make

21  arrests and the employee's primary responsibility is the

22  prevention or detection of crime or the enforcement of the

23  penal, criminal, traffic, or highway laws of the state;

24         (2)  Was engaged in firefighting within this state or

25  was discharging that primary responsibility within the state

26  in a place and under circumstances reasonably consistent with

27  that primary responsibility; and

28         (3)  Was not engaged in services for which he or she

29  was paid by a private employer, and the employee and his or

30  her public employer had no agreement providing for workers'

31  compensation coverage for that private employment;

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






    Florida Senate - 2002                                   SB 108
    5-108-02




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  2  the employee is considered shall be deemed to have been acting

  3  within the course of employment. The term "employee" as used

  4  in this section includes all certified supervisory and command

  5  personnel whose duties include, in whole or in part,

  6  responsibilities for the supervision, training, guidance, and

  7  management of full-time law enforcement officers, part-time

  8  law enforcement officers, or auxiliary law enforcement

  9  officers, or certified firefighters but does not include

10  support personnel employed by the employing agency.

11         Section 2.  This act shall take effect July 1, 2002.

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14                          SENATE SUMMARY

15    Amends s. 440.091, F.S., to specify for circumstances
      under which certain firefighters, as well as certain law
16    enforcement officers, are acting within the course of
      their employment and, therefore, qualify for workers'
17    compensation benefits.

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