Florida Senate - 2025                                     SB 366
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00449-25                                            2025366__
    1                        A bill to be entitled                      
    2         An act relating to disability provisions for
    3         firefighters and law enforcement and correctional
    4         officers; amending s. 112.18, F.S.; defining the term
    5         “heart disease”; revising definitions; deleting
    6         obsolete language; making technical changes; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 112.18, Florida Statutes, is amended to
   12  read:
   13         112.18 Firefighters and law enforcement or correctional
   14  officers; special provisions relative to disability.—
   15         (1) As used in this section, unless the context indicates
   16  otherwise, the term:
   17         (a) “Correctional officer” has the same meaning as in s.
   18  943.10.
   19         (b)Correctional probation officer” has the same meaning
   20  as in s. 943.10.
   21         (c)“Fire service provider” has the same meaning as in s.
   22  633.102.
   23         (d)“Heart disease” means any organic, mechanical, or
   24  functional abnormality of the heart, its structures, or the
   25  coronary arteries.
   26         (e)“Law enforcement officer” has the same meaning as in s.
   27  943.10.
   28         (f)“Medical specialist” means a physician licensed under
   29  chapter 458 or chapter 459 who has a board certification in a
   30  medical specialty inclusive of care and treatment of
   31  tuberculosis, heart disease, or hypertension.
   32         (g)“Prescribed course of treatment” means prescribed
   33  medical courses of action and prescribed medicines for the
   34  specific disease or diseases claimed, as documented by the
   35  prescribing physician in the patient’s medical records.
   36         (2)(a) Any condition or impairment of health of any Florida
   37  state, municipal, county, port authority, special tax district,
   38  or fire control district firefighter or any law enforcement
   39  officer, correctional officer, or correctional probation officer
   40  as defined in s. 943.10(1), (2), or (3) caused by tuberculosis,
   41  heart disease, or hypertension resulting in total or partial
   42  disability or death shall be presumed to have been accidental
   43  and to have been suffered in the line of duty unless the
   44  contrary be shown by competent evidence. However, any such
   45  firefighter, law enforcement officer, correctional officer, or
   46  correctional probation officer must have successfully passed a
   47  physical examination upon entering into any such service as a
   48  firefighter, law enforcement officer, correctional officer, or
   49  correctional probation officer, which examination failed to
   50  reveal any evidence of any such condition. Such presumption does
   51  not apply to benefits payable under or granted in a policy of
   52  life insurance or disability insurance, unless the insurer and
   53  insured have negotiated for such additional benefits to be
   54  included in the policy contract.
   55         (b)1. If a firefighter did not undergo a preemployment
   56  physical examination, the medical examination required by s.
   57  633.412(5) shall be deemed to satisfy the physical examination
   58  requirement under paragraph (a), if the medical examination
   59  completed pursuant to s. 633.412(5) failed to reveal any
   60  evidence of tuberculosis, heart disease, or hypertension.
   61         2. If a firefighter underwent a preemployment physical
   62  examination, the employing fire service provider, as defined in
   63  s. 633.102, must maintain records of the physical examination
   64  for at least 5 years after the employee’s separation from the
   65  employing fire service provider. If the employing fire service
   66  provider fails to maintain the records of the physical
   67  examination for the 5-year period after the employee’s
   68  separation, it is presumed that the employee has met the
   69  requirements of paragraph (a).
   70         (c)1. For any workers’ compensation claim filed under this
   71  section and chapter 440 occurring on or after July 1, 2010, a
   72  law enforcement officer, correctional officer, or correctional
   73  probation officer as defined in s. 943.10(1), (2), or (3)
   74  suffering from tuberculosis, heart disease, or hypertension is
   75  presumed not to have incurred such disease in the line of duty
   76  as provided in this section if the law enforcement officer,
   77  correctional officer, or correctional probation officer:
   78         a. Departed in a material fashion from the prescribed
   79  course of treatment of his or her personal physician and the
   80  departure is demonstrated to have resulted in a significant
   81  aggravation of the tuberculosis, heart disease, or hypertension
   82  resulting in disability or increasing the disability or need for
   83  medical treatment; or
   84         b. Was previously compensated pursuant to this section and
   85  chapter 440 for tuberculosis, heart disease, or hypertension and
   86  thereafter sustains and reports a new compensable workers’
   87  compensation claim under this section and chapter 440, and the
   88  law enforcement officer, correctional officer, or correctional
   89  probation officer has departed in a material fashion from the
   90  prescribed course of treatment of an authorized physician for
   91  the preexisting workers’ compensation claim and the departure is
   92  demonstrated to have resulted in a significant aggravation of
   93  the tuberculosis, heart disease, or hypertension resulting in
   94  disability or increasing the disability or need for medical
   95  treatment.
   96         2. As used in this paragraph, “prescribed course of
   97  treatment” means prescribed medical courses of action and
   98  prescribed medicines for the specific disease or diseases
   99  claimed and as documented in the prescribing physician’s medical
  100  records.
  101         3. If there is a dispute as to the appropriateness of the
  102  course of treatment prescribed by a physician under sub
  103  subparagraph 1.a. or sub-subparagraph 1.b. or whether a
  104  departure in a material fashion from the prescribed course of
  105  treatment is demonstrated to have resulted in a significant
  106  aggravation of the tuberculosis, heart disease, or hypertension
  107  resulting in disability or increasing the disability or need for
  108  medical treatment, the law enforcement officer, correctional
  109  officer, or correctional probation officer is entitled to seek
  110  an independent medical examination pursuant to s. 440.13(5).
  111         3.4. A law enforcement officer, correctional officer, or
  112  correctional probation officer is not entitled to the
  113  presumption provided in this section unless a claim for benefits
  114  is made prior to or within 180 days after leaving the employment
  115  of the employing agency.
  116         (3)(2) This section authorizes each governmental entity
  117  specified in subsection (2) (1) to negotiate policy contracts
  118  for life and disability insurance to include accidental death
  119  benefits or double indemnity coverage which shall include the
  120  presumption that any condition or impairment of health of any
  121  firefighter, law enforcement officer, or correctional officer
  122  caused by tuberculosis, heart disease, or hypertension resulting
  123  in total or partial disability or death was accidental and
  124  suffered in the line of duty, unless the contrary be shown by
  125  competent evidence.
  126         (4)(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter,
  127  law enforcement officer, correctional officer, or correctional
  128  probation officer requiring medical treatment for a compensable
  129  presumptive condition listed in subsection (2) (1) may be
  130  treated by a medical specialist. Except in emergency situations,
  131  a firefighter, law enforcement officer, correctional officer, or
  132  correctional probation officer entitled to access a medical
  133  specialist under this subsection must provide written notice of
  134  his or her selection of a medical specialist to the
  135  firefighter’s or officer’s workers’ compensation carrier, self
  136  insured employer, or third-party administrator, and the carrier,
  137  self-insured employer, or third-party administrator must
  138  authorize the selected medical specialist or authorize an
  139  alternative medical specialist with the same or greater
  140  qualifications. Within 5 business days after receipt of the
  141  written notice, the workers’ compensation carrier, self-insured
  142  employer, or third-party administrator must authorize treatment
  143  and schedule an appointment, which must be held within 30 days
  144  after receipt of the written notice, with the selected medical
  145  specialist or the alternative medical specialist. If the
  146  workers’ compensation carrier, self-insured employer, or third
  147  party administrator fails to authorize an alternative medical
  148  specialist within 5 business days after receipt of the written
  149  notice, the medical specialist selected by the firefighter or
  150  officer is authorized. The continuing care and treatment by a
  151  medical specialist must be reasonable, necessary, and related to
  152  tuberculosis, heart disease, or hypertension; be reimbursed at
  153  no more than 200 percent of the Medicare rate for a selected
  154  medical specialist; and be authorized by the firefighter’s or
  155  officer’s workers’ compensation carrier, self-insured employer,
  156  or third-party administrator.
  157         (b) For purposes of this subsection, the term “medical
  158  specialist” means a physician licensed under chapter 458 or
  159  chapter 459 who has board certification in a medical specialty
  160  inclusive of care and treatment of tuberculosis, heart disease,
  161  or hypertension.
  162         Section 2. This act shall take effect July 1, 2025.