Senate Bill sb0472

    Florida Senate - 2007                                   SB 472

    By Senator Baker





    20-487-07

  1                      A bill to be entitled

  2         An act relating to employment requirements for

  3         law enforcement personnel; amending s. 943.13,

  4         F.S.; revising the presumption of disability

  5         for certain law enforcement, correctional, and

  6         correctional probation officers; amending s.

  7         943.137, F.S.; authorizing an agency that

  8         employs law enforcement personnel to establish

  9         tobacco-use standards; providing an effective

10         date.

11  

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

13  

14         Section 1.  Subsection (6) of section 943.13, Florida

15  Statutes, is amended to read:

16         943.13  Officers' minimum qualifications for employment

17  or appointment.--On or after October 1, 1984, any person

18  employed or appointed as a full-time, part-time, or auxiliary

19  law enforcement officer or correctional officer; on or after

20  October 1, 1986, any person employed as a full-time,

21  part-time, or auxiliary correctional probation officer; and on

22  or after October 1, 1986, any person employed as a full-time,

23  part-time, or auxiliary correctional officer by a private

24  entity under contract to the Department of Corrections, to a

25  county commission, or to the Department of Management Services

26  shall:

27         (6)  Have passed a physical examination by a licensed

28  physician, physician assistant, or certified advanced

29  registered nurse practitioner, based on specifications

30  established by the commission. In order to be eligible for the

31  presumption set forth in s. 112.18 while employed with an

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






    Florida Senate - 2007                                   SB 472
    20-487-07




 1  employing agency, a law enforcement officer, correctional

 2  officer, or correctional probation officer must have

 3  successfully passed the physical examination required by

 4  paragraph (a) upon entering into service as a law enforcement

 5  officer, correctional officer, or correctional probation

 6  officer with the employing agency, which examination must have

 7  failed to reveal any evidence of tuberculosis, heart disease,

 8  or hypertension. A law enforcement officer, correctional

 9  officer, or correctional probation officer may not use a

10  physical examination from a former employing agency for

11  purposes of claiming the presumption set forth in s. 112.18

12  against the current employing agency.

13         Section 2.  Subsection (1) of section 943.137, Florida

14  Statutes, is amended to read:

15         943.137  Establishment of qualifications and standards

16  above the minimum.--

17         (1)  Nothing herein may be construed to preclude an

18  employing agency from establishing qualifications and

19  standards for employment, appointment, training, or promotion

20  of officers that exceed the minimum requirements set by ss.

21  943.13 and 943.17, including establishing tobacco-use

22  standards.

23         Section 3.  This act shall take effect October 1, 2007.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Requires a law enforcement officer, correctional officer,
      or correctional probation officer to have successfully
28    passed a physical examination in order to presumptively
      claim that his or her tuberculosis, heart disease, or
29    hypertension resulting in total or partial disability or
      death was accidental and suffered in the line of duty.
30    Authorizes an agency that employs law enforcement
      personnel to establish standards regarding the use of
31    tobacco.

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