Senate Bill sb0108e1

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




    CS for CS for SB 108                     First Engrossed (ntc)



  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

31


                                  1

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






    CS for CS for SB 108                     First Engrossed (ntc)



  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 is

26  appointed or employed full time by a municipality, the state,

27  or any political subdivision, is certified under chapter 401,

28  is providing basic life support or advanced life support

29  services, as defined in s. 401.23, in an emergency situation

30  in this state, and such activities would be considered to be

31  within the course of his or her employment as an emergency


                                  2

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






    CS for CS for SB 108                     First Engrossed (ntc)



  1  medical technician or paramedic and covered by the employer's

  2  workers' compensation coverage except for the fact that the

  3  location of the emergency was outside of the employer's

  4  jurisdiction or area of responsibility, such activities are

  5  considered to be within the course of employment. The

  6  provisions of this subsection do not apply if the emergency

  7  medical technician or paramedic is performing activities for

  8  which he or she is paid by another employer or contractor.

  9         Section 2.  It is declared by the Legislature that

10  firefighters perform state and municipal functions, that it is

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

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

13  safety. Therefore, the Legislature declares that it fulfills

14  an important state interest to provide workers' compensation

15  coverage to firefighters while engaged in extinguishing a

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

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

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

19  responsibility. It is further declared by the Legislature that

20  emergency medical technicians and paramedics perform municipal

21  and state functions, that it is their duty to protect and

22  preserve life at their own risk and peril, and that their

23  activities are vital to the public health, safety, and

24  welfare.  Therefore, the Legislature declares that it fulfills

25  an important state interest to provide workers' compensation

26  coverage to emergency medical technicians and paramedics while

27  engaged in basic life support and advanced life support

28  services due to an emergency in this state that is outside of

29  their employer's jurisdiction or area of responsibility.

30  Pursuant to Section 18, Article VII of the State Constitution,

31


                                  3

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






    CS for CS for SB 108                     First Engrossed (ntc)



  1  the Legislature determines and declares that the provisions of

  2  this act fulfill an important state interest.

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

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  4

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