Florida Senate - 2026                                     SB 330
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00561A-26                                            2026330__
    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 terms
    5         “employing agency” and “heart disease”; revising
    6         definitions; providing that a certain previously
    7         conducted physical examination satisfies a requirement
    8         for a presumption; deleting obsolete language; making
    9         technical changes; amending s. 943.13, F.S.;
   10         authorizing law enforcement officers, correctional
   11         officers, and correctional probation officers, under a
   12         specified condition, to use a physical examination
   13         from a former employer for the purpose of claiming a
   14         specified presumption; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 112.18, Florida Statutes, is amended to
   19  read:
   20         112.18 Firefighters and law enforcement or correctional
   21  officers; special provisions relative to disability.—
   22         (1) As used in this section, the term:
   23         (a) “Correctional officer” has the same meaning as in s.
   24  943.10(2).
   25         (b) “Correctional probation officer” has the same meaning
   26  as in s. 943.10(3).
   27         (c) “Employing agency” has the same meaning as in s.
   28  943.10(4).
   29         (d) “Fire service provider” has the same meaning as in s.
   30  633.102(13).
   31         (e) “Heart disease” means any organic, mechanical, or
   32  functional abnormality of the heart or its structures or of the
   33  coronary arteries.
   34         (f) “Law enforcement officer” has the same meaning as in s.
   35  943.10(1).
   36         (g) “Medical specialist” means a physician licensed under
   37  chapter 458 or chapter 459 who has a board certification in a
   38  medical specialty inclusive of care and treatment of
   39  tuberculosis, heart disease, or hypertension.
   40         (h) “Prescribed course of treatment” means prescribed
   41  medical courses of action and prescribed medicines for the
   42  specific disease or diseases claimed, as documented by the
   43  prescribing physician in the patient’s medical records.
   44         (2)(a)(1)(a) Any condition or impairment of health of any
   45  Florida state, municipal, county, port authority, special tax
   46  district, or fire control district firefighter or any law
   47  enforcement officer, correctional officer, or correctional
   48  probation officer as defined in s. 943.10(1), (2), or (3) caused
   49  by tuberculosis, heart disease, or hypertension resulting in
   50  total or partial disability or death shall be presumed to have
   51  been accidental and to have been suffered in the line of duty
   52  unless the contrary be shown by competent evidence. However, any
   53  such firefighter, law enforcement officer, correctional officer,
   54  or correctional probation officer must have successfully passed
   55  a physical examination upon entering into any such service as a
   56  firefighter, law enforcement officer, correctional officer, or
   57  correctional probation officer, which examination failed to
   58  reveal any evidence of any such condition. Such presumption does
   59  not apply to benefits payable under or granted in a policy of
   60  life insurance or disability insurance, unless the insurer and
   61  insured have negotiated for such additional benefits to be
   62  included in the policy contract.
   63         (b)1. If a firefighter did not undergo a preemployment
   64  physical examination, the medical examination required by s.
   65  633.412(5) is shall be deemed to satisfy the physical
   66  examination requirement under paragraph (a), if the medical
   67  examination completed pursuant to s. 633.412(5) failed to reveal
   68  any evidence of tuberculosis, heart disease, or hypertension.
   69         2. If a firefighter underwent a preemployment physical
   70  examination, the employing fire service provider, as defined in
   71  s. 633.102, must maintain records of the physical examination
   72  for at least 5 years after the employee’s separation from the
   73  employing fire service provider. If the employing fire service
   74  provider fails to maintain the records of the physical
   75  examination for the 5-year period after the employee’s
   76  separation, it is presumed that the employee has met the
   77  requirements of paragraph (a).
   78         (c) If a current law enforcement officer, correctional
   79  officer, or correctional probation officer did not undergo a
   80  preemployment physical examination upon entering service with
   81  his or her current employing agency, but such officer underwent
   82  a medical examination as required by s. 943.13(6) upon entering
   83  service with his or her former employing agency, the previously
   84  conducted medical examination conducted pursuant to s. 943.13(6)
   85  is deemed to satisfy the physical examination requirement under
   86  paragraph (a), if such examination was completed and failed to
   87  reveal any evidence of tuberculosis, heart disease, or
   88  hypertension.
   89         (d)1. For any workers’ compensation claim filed under this
   90  section and chapter 440 occurring on or after July 1, 2010, a
   91  law enforcement officer, correctional officer, or correctional
   92  probation officer as defined in s. 943.10(1), (2), or (3)
   93  suffering from tuberculosis, heart disease, or hypertension is
   94  presumed not to have incurred such disease in the line of duty
   95  as provided in this section if the law enforcement officer,
   96  correctional officer, or correctional probation officer:
   97         a. Departed in a material fashion from the prescribed
   98  course of treatment of his or her personal physician and the
   99  departure is demonstrated to have resulted in a significant
  100  aggravation of the tuberculosis, heart disease, or hypertension
  101  resulting in disability or increasing the disability or need for
  102  medical treatment; or
  103         b. Was previously compensated pursuant to this section and
  104  chapter 440 for tuberculosis, heart disease, or hypertension and
  105  thereafter sustains and reports a new compensable workers’
  106  compensation claim under this section and chapter 440, and the
  107  law enforcement officer, correctional officer, or correctional
  108  probation officer has departed in a material fashion from the
  109  prescribed course of treatment of an authorized physician for
  110  the preexisting workers’ compensation claim and the departure is
  111  demonstrated to have resulted in a significant aggravation of
  112  the tuberculosis, heart disease, or hypertension resulting in
  113  disability or increasing the disability or need for medical
  114  treatment.
  115         2. As used in this paragraph, “prescribed course of
  116  treatment” means prescribed medical courses of action and
  117  prescribed medicines for the specific disease or diseases
  118  claimed and as documented in the prescribing physician’s medical
  119  records.
  120         2.3. If there is a dispute as to the appropriateness of the
  121  course of treatment prescribed by a physician under sub
  122  subparagraph 1.a. or sub-subparagraph 1.b. or whether a
  123  departure in a material fashion from the prescribed course of
  124  treatment is demonstrated to have resulted in a significant
  125  aggravation of the tuberculosis, heart disease, or hypertension
  126  resulting in disability or increasing the disability or need for
  127  medical treatment, the law enforcement officer, correctional
  128  officer, or correctional probation officer is entitled to seek
  129  an independent medical examination pursuant to s. 440.13(5).
  130         3.4. A law enforcement officer, correctional officer, or
  131  correctional probation officer is not entitled to the
  132  presumption provided in this section unless a claim for benefits
  133  is made prior to or within 180 days after leaving the employment
  134  of the employing agency.
  135         (3)(2) This section authorizes each governmental entity
  136  specified in subsection (2) (1) to negotiate policy contracts
  137  for life and disability insurance to include accidental death
  138  benefits or double indemnity coverage which includes shall
  139  include the presumption that any condition or impairment of
  140  health of any firefighter, law enforcement officer, or
  141  correctional officer caused by tuberculosis, heart disease, or
  142  hypertension resulting in total or partial disability or death
  143  was accidental and suffered in the line of duty, unless the
  144  contrary be shown by competent evidence.
  145         (4)(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter,
  146  law enforcement officer, correctional officer, or correctional
  147  probation officer requiring medical treatment for a compensable
  148  presumptive condition listed in subsection (2) (1) may be
  149  treated by a medical specialist. Except in emergency situations,
  150  a firefighter, law enforcement officer, correctional officer, or
  151  correctional probation officer entitled to access a medical
  152  specialist under this subsection must provide written notice of
  153  his or her selection of a medical specialist to the
  154  firefighter’s or officer’s workers’ compensation carrier, self
  155  insured employer, or third-party administrator, and the carrier,
  156  self-insured employer, or third-party administrator must
  157  authorize the selected medical specialist or authorize an
  158  alternative medical specialist with the same or greater
  159  qualifications. Within 5 business days after receipt of the
  160  written notice, the workers’ compensation carrier, self-insured
  161  employer, or third-party administrator must authorize treatment
  162  and schedule an appointment, which must be held within 30 days
  163  after receipt of the written notice, with the selected medical
  164  specialist or the alternative medical specialist. If the
  165  workers’ compensation carrier, self-insured employer, or third
  166  party administrator fails to authorize an alternative medical
  167  specialist within 5 business days after receipt of the written
  168  notice, the medical specialist selected by the firefighter or
  169  officer is authorized. The continuing care and treatment by a
  170  medical specialist must be reasonable, necessary, and related to
  171  tuberculosis, heart disease, or hypertension; be reimbursed at
  172  no more than 200 percent of the Medicare rate for a selected
  173  medical specialist; and be authorized by the firefighter’s or
  174  officer’s workers’ compensation carrier, self-insured employer,
  175  or third-party administrator.
  176         (b) For purposes of this subsection, the term “medical
  177  specialist” means a physician licensed under chapter 458 or
  178  chapter 459 who has board certification in a medical specialty
  179  inclusive of care and treatment of tuberculosis, heart disease,
  180  or hypertension.
  181         Section 2. Subsection (6) of section 943.13, Florida
  182  Statutes, is amended to read:
  183         943.13 Officers’ minimum qualifications for employment or
  184  appointment.—On or after October 1, 1984, any person employed or
  185  appointed as a full-time, part-time, or auxiliary law
  186  enforcement officer or correctional officer; on or after October
  187  1, 1986, any person employed as a full-time, part-time, or
  188  auxiliary correctional probation officer; and on or after
  189  October 1, 1986, any person employed as a full-time, part-time,
  190  or auxiliary correctional officer by a private entity under
  191  contract to the Department of Corrections or to a county
  192  commission shall:
  193         (6) Have passed a physical examination by a licensed
  194  physician, physician assistant, or licensed advanced practice
  195  registered nurse, based on specifications established by the
  196  commission. In order to be eligible for the presumption set
  197  forth in s. 112.18 while employed with an employing agency, a
  198  law enforcement officer, correctional officer, or correctional
  199  probation officer must have successfully passed the physical
  200  examination required by this subsection upon entering into
  201  service as a law enforcement officer, correctional officer, or
  202  correctional probation officer with the employing agency, which
  203  examination must have failed to reveal any evidence of
  204  tuberculosis, heart disease, or hypertension. A law enforcement
  205  officer, correctional officer, or correctional probation officer
  206  may not use a physical examination from a former employing
  207  agency for purposes of claiming the presumption set forth in s.
  208  112.18 against the current employing agency only if the current
  209  employing agency did not require the law enforcement officer,
  210  correctional officer, or correctional probation officer to
  211  undergo a physical examination as required by this subsection.
  212  The employing agency must maintain records of the physical
  213  examination for at least 5 years after the employee’s separation
  214  from the employing agency. If the employing agency fails to
  215  maintain the records of the physical examination for the 5-year
  216  period after the employee’s separation, it is presumed that the
  217  employee has met the requirements of this subsection.
  218         Section 3. This act shall take effect July 1, 2026.