House Bill hb0005

    Florida House of Representatives - 2002                   HB 5

        By Representative Kilmer






  1                      A bill to be entitled

  2         An act relating to disability in the line of

  3         duty; amending s. 112.18, F.S.; expanding the

  4         provisions of law with respect to disability in

  5         the line of duty to include all law enforcement

  6         officers and certain correctional officers;

  7         providing a finding of important state

  8         interest; providing an effective date.

  9

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

11

12         Section 1.  Section 112.18, Florida Statutes, is

13  amended to read:

14         112.18  Firefighters and state law enforcement

15  officers; special provisions relative to disability.--

16         (1)  Any condition or impairment of health of any

17  Florida state, municipal, county, port authority, special tax

18  district, or fire control district firefighter or any state

19  law enforcement officer or correctional officer as defined in

20  s. 943.10(1), (2), or (3) caused by tuberculosis, heart

21  disease, or hypertension resulting in total or partial

22  disability or death shall be presumed to have been accidental

23  and to have been suffered in the line of duty unless the

24  contrary be shown by competent evidence. However, any such

25  firefighter or state law enforcement officer shall have

26  successfully passed a physical examination upon entering into

27  any such service as a firefighter or state law enforcement

28  officer, which examination failed to reveal any evidence of

29  any such condition.  Such presumption shall not apply to

30  benefits payable under or granted in a policy of life

31  insurance or disability insurance, unless the insurer and

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






    Florida House of Representatives - 2002                   HB 5

    718-126B-02






  1  insured have negotiated for such additional benefits to be

  2  included in the policy contract.

  3         (2)  This section shall be construed to authorize the

  4  above governmental entities to negotiate policy contracts for

  5  life and disability insurance to include accidental death

  6  benefits or double indemnity coverage which shall include the

  7  presumption that any condition or impairment of health of any

  8  firefighter, law enforcement officer, or correctional officer

  9  caused by tuberculosis, heart disease, or hypertension

10  resulting in total or partial disability or death was

11  accidental and suffered in the line of duty, unless the

12  contrary be shown by competent evidence.

13         Section 2.  The Legislature finds that a proper and

14  legitimate state purpose is served when law enforcement

15  officers, correctional officers, and correctional probation

16  officers are included in the class that benefits from the

17  presumption that tuberculosis, heart disease, or hypertension

18  resulting in total or partial disability or death is

19  accidental and suffered in the line of duty unless the

20  contrary be shown by competent evidence. Therefore, the

21  Legislature determines and declares that this act fulfills an

22  important state interest.

23         Section 3.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Expands a provision of law with respect to disability in
29    the line of duty to include all law enforcement officers
      rather than only state law enforcement officers and to
30    include correctional officers. See bill for details.

31

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