Bill Text: FL S0212 | 2010 | Regular Session | Engrossed

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Bill Title: Claims/Law Enforcement and Correctional Officers [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/SB 2176 (Ch. 2010-175) [S0212 Detail]

Download: Florida-2010-S0212-Engrossed.html

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CS for CS for CS for SB 212                First Engrossed (ntc) 
2010212e1 
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; providing for 
7         recovery by sheriffs of increased workers’ 
8         compensation expenses due to off-duty employment of 
9         deputy sheriffs; amending s. 112.18, F.S.; providing 
10         conditions under which a law enforcement officer, 
11         correctional officer, or correctional probation 
12         officer who suffers from a specified medical condition 
13         and has materially departed from the prescribed 
14         treatment for that condition shall lose a specified 
15         presumption for workers’ compensation claims made on 
16         or after a specified date; defining the term 
17         “prescribed course of treatment”; providing for 
18         independent medical examinations in certain 
19         situations; providing that only claims made before 
20         leaving employment are eligible for a specified 
21         presumption; providing an effective date. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
25         Section 1. Subsection (2) of section 30.2905, Florida 
26  Statutes, is amended to read: 
27         30.2905 Program to contract for employment of off-duty 
28  deputies for security services.— 
29         (2)(a) Any such public or private employer of a deputy 
30  sheriff shall be responsible for the acts or omissions of the 
31  deputy sheriff while performing services for that employer while 
32  off duty, including workers’ compensation benefits. 
33         (b) However, for the workers’ compensation purposes of this 
34  section:, 
35         1. A deputy sheriff so employed who sustains an injury 
36  while enforcing the criminal, traffic, or penal laws of this 
37  state shall be regarded as working on duty. 
38         2. The term “enforcing the criminal, traffic, or penal laws 
39  of this state” shall be interpreted to include, but is not 
40  limited to, providing security, patrol, or traffic direction for 
41  a public or private employer. 
42         3. A sheriff may recover from a private or public employer 
43  of an off-duty deputy sheriff, who is regarded as working on 
44  duty under this paragraph, any increase in the sheriff’s 
45  workers’ compensation expenses which results directly from the 
46  off-duty employment. 
47         Section 2. Section 112.18, Florida Statutes, is amended to 
48  read: 
49         112.18 Firefighters and law enforcement or correctional 
50  officers; special provisions relative to disability.— 
51         (1)(a) Any condition or impairment of health of any Florida 
52  state, municipal, county, port authority, special tax district, 
53  or fire control district firefighter or any law enforcement 
54  officer, or correctional officer, or correctional probation 
55  officer as defined in s. 943.10(1), (2), or (3) caused by 
56  tuberculosis, heart disease, or hypertension resulting in total 
57  or partial disability or death shall be presumed to have been 
58  accidental and to have been suffered in the line of duty unless 
59  the contrary be shown by competent evidence. However, any such 
60  firefighter or law enforcement officer must shall have 
61  successfully passed a physical examination upon entering into 
62  any such service as a firefighter or law enforcement officer, 
63  which examination failed to reveal any evidence of any such 
64  condition. Such presumption does shall not apply to benefits 
65  payable under or granted in a policy of life insurance or 
66  disability insurance, unless the insurer and insured have 
67  negotiated for such additional benefits to be included in the 
68  policy contract. 
69         (b)1. For any workers’ compensation claim filed under this 
70  section and chapter 440 occurring on or after July 1, 2010, a 
71  law enforcement officer, correctional officer, or correctional 
72  probation officer as defined in s. 943.10(1), (2), or (3) 
73  suffering from tuberculosis, heart disease, or hypertension is 
74  presumed not to have incurred such disease in the line of duty 
75  as provided in this section if the law enforcement officer, 
76  correctional officer, or correctional probation officer: 
77         a. Departed in a material fashion from the prescribed 
78  course of treatment of his or her personal physician and the 
79  departure is demonstrated to have resulted in a significant 
80  aggravation of the tuberculosis, heart disease, or hypertension 
81  resulting in disability or increasing the disability or need for 
82  medical treatment; or 
83         b. Was previously compensated pursuant to this section and 
84  chapter 440 for tuberculosis, heart disease, or hypertension and 
85  thereafter sustains and reports a new compensable workers’ 
86  compensation claim under this section and chapter 440, and the 
87  law enforcement officer, correctional officer, or correctional 
88  probation officer has departed in a material fashion from the 
89  prescribed course of treatment of an authorized physician for 
90  the preexisting workers’ compensation claim and the departure is 
91  demonstrated to have resulted in a significant aggravation of 
92  the tuberculosis, heart disease, or hypertension resulting in 
93  disability or increasing the disability or need for medical 
94  treatment. 
95         2. As used in this paragraph, “prescribed course of 
96  treatment” means prescribed medical courses of action and 
97  prescribed medicines for the specific disease or diseases 
98  claimed and as documented in the prescribing physician’s medical 
99  records. 
100         3. If there is a dispute as to the appropriateness of the 
101  course of treatment prescribed by a physician under sub 
102  subparagraph 1.a. or sub-subparagraph 1.b. or whether a 
103  departure in a material fashion from the prescribed course of 
104  treatment is demonstrated to have resulted in a significant 
105  aggravation of the tuberculosis, heart disease, or hypertension 
106  resulting in disability or increasing the disability or need for 
107  medical treatment, the law enforcement officer, correctional 
108  officer, or correctional probation officer is entitled to seek 
109  an independent medical examination pursuant to s. 440.13(5). 
110         4. A law enforcement officer, correctional officer, or 
111  correctional probation officer is not entitled to the 
112  presumption provided in this section unless a claim for benefits 
113  is made prior to leaving the employment of the employing agency. 
114         (2) This section authorizes each governmental entity 
115  specified in subsection (1) shall be construed to authorize the 
116  above governmental entities to negotiate policy contracts for 
117  life and disability insurance to include accidental death 
118  benefits or double indemnity coverage which shall include the 
119  presumption that any condition or impairment of health of any 
120  firefighter, law enforcement officer, or correctional officer 
121  caused by tuberculosis, heart disease, or hypertension resulting 
122  in total or partial disability or death was accidental and 
123  suffered in the line of duty, unless the contrary be shown by 
124  competent evidence. 
125         Section 3. This act shall take effect July 1, 2010.