Senate Bill sb0108c2

    Florida Senate - 2002                     CS for CS for SB 108

    By the Committees on Appropriations; Banking and Insurance;
    and Senator Smith




    309-1873-02

  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 firefighters,

  5         emergency medical technicians, and paramedics

  6         are considered to be acting within the scope of

  7         their employment so as to qualify for workers'

  8         compensation benefits; providing a declaration

  9         of important state interest; providing an

10         effective date.

11

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

13

14         Section 1.  Section 440.091, Florida Statutes, is

15  amended to read:

16         440.091  Law enforcement officer, firefighter,

17  emergency medical technician, or paramedic; when acting within

18  the course of employment.--

19         (1)  If an employee:

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

21  a municipality, the state, or any political subdivision and is

22  vested with authority to bear arms and make arrests and the

23  employee's primary responsibility is the prevention or

24  detection of crime or the enforcement of the penal, criminal,

25  traffic, or highway laws of the state;

26         (b)(2)  Was discharging that primary responsibility

27  within the state in a place and under circumstances reasonably

28  consistent with that primary responsibility; and

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

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

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






    Florida Senate - 2002                     CS for CS for SB 108
    309-1873-02




  1  her public employer had no agreement providing for workers'

  2  compensation coverage for that private employment;

  3

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

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

  6  in this subsection section includes all certified supervisory

  7  and command personnel whose duties include, in whole or in

  8  part, responsibilities for the supervision, training,

  9  guidance, and management of full-time law enforcement

10  officers, part-time law enforcement officers, or auxiliary law

11  enforcement officers but does not include support personnel

12  employed by the employing agency.

13         (2)  If a firefighter as defined by s. 112.191(1)(b) is

14  engaged in extinguishing a fire, or protecting and saving life

15  or property due to a fire in this state in an emergency, and

16  such activities would be considered to be within the course of

17  his or her employment as a firefighter and covered by the

18  employer's workers' compensation coverage except for the fact

19  that the firefighter was off duty or that the location of the

20  fire was outside the employer's jurisdiction or area of

21  responsibility, such activities are considered to be within

22  the course of employment. This subsection does not apply if

23  the firefighter is performing activities for which he or she

24  is paid by another employer or contractor.

25         (3)  If an emergency medical technician or paramedic

26  certified under chapter 401 is providing basic life support or

27  advanced life support services, as defined in s. 401.23, in an

28  emergency situation in this state, and such activities would

29  be considered to be within the course of his or her employment

30  as an emergency medical technician or paramedic and covered by

31  the employer's workers' compensation coverage except for the

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    Florida Senate - 2002                     CS for CS for SB 108
    309-1873-02




  1  fact that the location of the emergency was outside of the

  2  employer's jurisdiction or area of responsibility, such

  3  activities are considered to be within the course of

  4  employment. The provisions of this subsection do not apply if

  5  the emergency medical technician or paramedic is performing

  6  activities for which he or she is paid by another employer or

  7  contractor.

  8         Section 2.  It is declared by the Legislature that

  9  firefighters perform state and municipal functions, that it is

10  their duty to protect life and property at their own risk and

11  peril, and that their activities are vital to the public

12  safety. Therefore, the Legislature declares that it fulfills

13  an important state interest to provide workers' compensation

14  coverage to firefighters while engaged in extinguishing a

15  fire, or protecting and saving life or property due to a fire

16  in this state while off duty or engaging in such activities at

17  a fire located outside the employer's jurisdiction or area of

18  responsibility. Pursuant to Section 18, Article VII of the

19  State Constitution, the Legislature determines and declares

20  that the provisions of this act fulfill an important state

21  interest.

22         Section 3.  This act shall take effect July 1, 2002.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                        CS/Senate Bill 108

26

27  The committee substitute for the committee substitute expands
    the type of employee covered by workers' compensation in the
28  event of an emergency within the state but outside the
    employer's jurisdiction, to include not only firefighters, but
29  medical technicians, and paramedics.

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