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



                                                   HOUSE AMENDMENT

    hbd-032                                    Bill No. CS/HB 1121

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Fasano and Kilmer offered the following:

12

13         Amendment (with title amendment) 

14         On page 4, before line 1,

15

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

                                  1

    File original & 9 copies    03/13/02
    hbd0022                     11:33 am         01121-0045-633545




                                                   HOUSE AMENDMENT

    hbd-032                                    Bill No. CS/HB 1121

    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.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                  2

    File original & 9 copies    03/13/02
    hbd0022                     11:33 am         01121-0045-633545




                                                   HOUSE AMENDMENT

    hbd-032                                    Bill No. CS/HB 1121

    Amendment No. ___ (for drafter's use only)





  1         On page 1, line 9, after the semicolon,

  2  remove:

  3

  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;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

    File original & 9 copies    03/13/02
    hbd0022                     11:33 am         01121-0045-633545