CS/CS/HB 123

1	A bill to be entitled
2	An act relating to claims by law enforcement and
3	correctional officers; amending s. 30.2905, F.S.;
4	providing for interpretation of provisions relating to
5	workers' compensation benefits for certain services
6	performed by off-duty deputy sheriffs; amending s. 112.18,
7	F.S.; providing conditions under which a law enforcement
8	officer, correctional officer, or correctional probation
9	officer who suffers from a specified medical condition and
10	has materially departed from the prescribed treatment for
11	that condition shall lose a specified presumption for
12	workers' compensation claims made on or after a specified
13	date; defining the term "prescribed course of treatment";
14	providing for independent medical examinations in certain
15	situations; providing that only claims made before leaving
16	employment are eligible for a specified presumption;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (2) of section 30.2905, Florida
22	Statutes, is amended to read:
23	30.2905  Program to contract for employment of off-duty
24	deputies for security services.-
25	(2)(a)  Any such public or private employer of a deputy
26	sheriff shall be responsible for the acts or omissions of the
27	deputy sheriff while performing services for that employer while
28	off duty, including workers' compensation benefits.
29	(b)  However, for the workers' compensation purposes of
30	this section:,
31	1.  A deputy sheriff so employed who sustains an injury
32	while enforcing the criminal, traffic, or penal laws of this
33	state shall be regarded as working on duty.
34	2.  The term "enforcing the criminal, traffic, or penal
35	laws of this state" shall be interpreted broadly and includes,
36	but is not limited to, providing security, patrol, or traffic
37	direction for a private employer.
38	Section 2.  Section 112.18, Florida Statutes, is amended to
39	read:
40	112.18  Firefighters and law enforcement or correctional
41	officers; special provisions relative to disability.-
42	(1)(a)  Any condition or impairment of health of any
43	Florida state, municipal, county, port authority, special tax
44	district, or fire control district firefighter or any law
45	enforcement officer, or correctional officer, or correctional
46	probation officer as defined in s. 943.10(1), (2), or (3) caused
47	by tuberculosis, heart disease, or hypertension resulting in
48	total or partial disability or death shall be presumed to have
49	been accidental and to have been suffered in the line of duty
50	unless the contrary be shown by competent evidence. However, any
51	such firefighter or law enforcement officer must shall have
52	successfully passed a physical examination upon entering into
53	any such service as a firefighter or law enforcement officer,
54	which examination failed to reveal any evidence of any such
55	condition. Such presumption does shall not apply to benefits
56	payable under or granted in a policy of life insurance or
57	disability insurance, unless the insurer and insured have
58	negotiated for such additional benefits to be included in the
59	policy contract.
60	(b)1.  For any workers' compensation claim filed under this
61	section and chapter 440 occurring on or after July 1, 2010, a
62	law enforcement officer, correctional officer, or correctional
63	probation officer as defined in s. 943.10(1), (2), or (3)
64	suffering from tuberculosis, heart disease, or hypertension is
65	presumed not to have incurred such disease in the line of duty
66	as provided in this section if the law enforcement officer,
67	correctional officer, or correctional probation officer:
68	a.  Departed in a material fashion from the prescribed
69	course of treatment of his or her personal physician and the
70	departure is demonstrated to have resulted in a significant
71	aggravation of the tuberculosis, heart disease, or hypertension
72	resulting in disability or increasing the disability or need for
73	medical treatment; or
74	b.  Was previously compensated pursuant to this section and
75	chapter 440 for tuberculosis, heart disease, or hypertension and
76	thereafter sustains and reports a new compensable workers'
77	compensation claim under this section and chapter 440, and the
78	law enforcement officer, correctional officer, or correctional
79	probation officer has departed in a material fashion from the
80	prescribed course of treatment of an authorized physician for
81	the preexisting workers' compensation claim and the departure is
82	demonstrated to have resulted in a significant aggravation of
83	the tuberculosis, heart disease, or hypertension resulting in
84	disability or increasing the disability or need for medical
85	treatment.
86	2.  As used in this paragraph, "prescribed course of
87	treatment" means prescribed medical courses of action and
88	prescribed medicines for the specific disease or diseases
89	claimed and as documented in the prescribing physician's medical
90	records.
91	3.  If there is a dispute as to the appropriateness of the
92	course of treatment prescribed by a physician under sub-
93	subparagraph 1.a. or sub-subparagraph 1.b. or whether a
94	departure in a material fashion from the prescribed course of
95	treatment is demonstrated to have resulted in a significant
96	aggravation of the tuberculosis, heart disease, or hypertension
97	resulting in disability or increasing the disability or need for
98	medical treatment, the law enforcement officer, correctional
99	officer, or correctional probation officer is entitled to seek
100	an independent medical examination pursuant to s. 440.13(5).
101	4.  A law enforcement officer, correctional officer, or
102	correctional probation officer is not entitled to the
103	presumption provided in this section unless a claim for benefits
104	is made prior to leaving the employment of the employing agency.
105	(2)  This section authorizes each governmental entity
106	specified in subsection (1) shall be construed to authorize the
107	above governmental entities to negotiate policy contracts for
108	life and disability insurance to include accidental death
109	benefits or double indemnity coverage which shall include the
110	presumption that any condition or impairment of health of any
111	firefighter, law enforcement officer, or correctional officer
112	caused by tuberculosis, heart disease, or hypertension resulting
113	in total or partial disability or death was accidental and
114	suffered in the line of duty, unless the contrary be shown by
115	competent evidence.
116	Section 3.  This act shall take effect July 1, 2010.

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