Florida Senate - 2022                                    SB 1736
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-01154-22                                           20221736__
    1                        A bill to be entitled                      
    2         An act relating to records of physical examinations of
    3         officers; amending s. 943.13, F.S.; requiring an
    4         employing agency to maintain records of employee
    5         physical examinations for a specified period of time
    6         after employee separation from the agency; creating a
    7         presumption that applies to employees whose records
    8         are not maintained for that period of time; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (6) of section 943.13, Florida
   14  Statutes, is amended to read:
   15         943.13 Officers’ minimum qualifications for employment or
   16  appointment.—On or after October 1, 1984, any person employed or
   17  appointed as a full-time, part-time, or auxiliary law
   18  enforcement officer or correctional officer; on or after October
   19  1, 1986, any person employed as a full-time, part-time, or
   20  auxiliary correctional probation officer; and on or after
   21  October 1, 1986, any person employed as a full-time, part-time,
   22  or auxiliary correctional officer by a private entity under
   23  contract to the Department of Corrections, to a county
   24  commission, or to the Department of Management Services shall:
   25         (6) Have passed a physical examination by a licensed
   26  physician, physician assistant, or licensed advanced practice
   27  registered nurse, based on specifications established by the
   28  commission. In order to be eligible for the presumption set
   29  forth in s. 112.18 while employed with an employing agency, a
   30  law enforcement officer, correctional officer, or correctional
   31  probation officer must have successfully passed the physical
   32  examination required by this subsection upon entering into
   33  service as a law enforcement officer, correctional officer, or
   34  correctional probation officer with the employing agency, which
   35  examination must have failed to reveal any evidence of
   36  tuberculosis, heart disease, or hypertension. A law enforcement
   37  officer, correctional officer, or correctional probation officer
   38  may not use a physical examination from a former employing
   39  agency for purposes of claiming the presumption set forth in s.
   40  112.18 against the current employing agency. An employing agency
   41  shall maintain records of the physical examination required
   42  under this subsection for at least 5 years after the employee’s
   43  separation from that agency. If an employing agency fails to
   44  maintain such records for the required period of time, it is
   45  presumed that the law enforcement officer, correctional officer,
   46  or correctional probation officer satisfied the requirement of
   47  this subsection of having passed a physical examination.
   48         Section 2. This act shall take effect July 1, 2022.