Bill Text: FL S0212 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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Florida Senate - 2010                       CS for CS for SB 212 
 
By the Committees on Banking and Insurance; and Criminal 
Justice; and Senator Oelrich 
597-04850-10                                           2010212c2 
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 providing 
40  security, patrol, or traffic direction for a private employer. 
41         3. A sheriff may recover from a private or public employer 
42  of an off-duty deputy sheriff, who is regarded as working on 
43  duty under this paragraph, any increase in the sheriff’s 
44  workers’ compensation expenses which results directly from the 
45  off-duty employment. 
46         Section 2. Section 112.18, Florida Statutes, is amended to 
47  read: 
48         112.18 Firefighters and law enforcement or correctional 
49  officers; special provisions relative to disability.— 
50         (1)(a) Any condition or impairment of health of any Florida 
51  state, municipal, county, port authority, special tax district, 
52  or fire control district firefighter or any law enforcement 
53  officer, or correctional officer, or correctional probation 
54  officer as defined in s. 943.10(1), (2), or (3) caused by 
55  tuberculosis, heart disease, or hypertension resulting in total 
56  or partial disability or death shall be presumed to have been 
57  accidental and to have been suffered in the line of duty unless 
58  the contrary be shown by competent evidence. However, any such 
59  firefighter or law enforcement officer must shall have 
60  successfully passed a physical examination upon entering into 
61  any such service as a firefighter or law enforcement officer, 
62  which examination failed to reveal any evidence of any such 
63  condition. Such presumption does shall not apply to benefits 
64  payable under or granted in a policy of life insurance or 
65  disability insurance, unless the insurer and insured have 
66  negotiated for such additional benefits to be included in the 
67  policy contract. 
68         (b)1. For any workers’ compensation claim filed under this 
69  section and chapter 440 occurring on or after July 1, 2010, a 
70  law enforcement officer, correctional officer, or correctional 
71  probation officer as defined in s. 943.10(1), (2), or (3) 
72  suffering from tuberculosis, heart disease, or hypertension is 
73  presumed not to have incurred such disease in the line of duty 
74  as provided in this section if the law enforcement officer, 
75  correctional officer, or correctional probation officer: 
76         a. Departed in a material fashion from the prescribed 
77  course of treatment of his or her personal physician and the 
78  departure is demonstrated to have resulted in a significant 
79  aggravation of the tuberculosis, heart disease, or hypertension 
80  resulting in disability or increasing the disability or need for 
81  medical treatment; or 
82         b. Was previously compensated pursuant to this section and 
83  chapter 440 for tuberculosis, heart disease, or hypertension and 
84  thereafter sustains and reports a new compensable workers’ 
85  compensation claim under this section and chapter 440, and the 
86  law enforcement officer, correctional officer, or correctional 
87  probation officer has departed in a material fashion from the 
88  prescribed course of treatment of an authorized physician for 
89  the preexisting workers’ compensation claim and the departure is 
90  demonstrated to have resulted in a significant aggravation of 
91  the tuberculosis, heart disease, or hypertension resulting in 
92  disability or increasing the disability or need for medical 
93  treatment. 
94         2. As used in this paragraph, “prescribed course of 
95  treatment” means prescribed medical courses of action and 
96  prescribed medicines for the specific disease or diseases 
97  claimed and as documented in the prescribing physician’s medical 
98  records. 
99         3. If there is a dispute as to the appropriateness of the 
100  course of treatment prescribed by a physician under sub 
101  subparagraph 1.a. or sub-subparagraph 1.b. or whether a 
102  departure in a material fashion from the prescribed course of 
103  treatment is demonstrated to have resulted in a significant 
104  aggravation of the tuberculosis, heart disease, or hypertension 
105  resulting in disability or increasing the disability or need for 
106  medical treatment, the law enforcement officer, correctional 
107  officer, or correctional probation officer is entitled to seek 
108  an independent medical examination pursuant to s. 440.13(5). 
109         4. A law enforcement officer, correctional officer, or 
110  correctional probation officer is not entitled to the 
111  presumption provided in this section unless a claim for benefits 
112  is made prior to leaving the employment of the employing agency. 
113         (2) This section authorizes each governmental entity 
114  specified in subsection (1) shall be construed to authorize the 
115  above governmental entities to negotiate policy contracts for 
116  life and disability insurance to include accidental death 
117  benefits or double indemnity coverage which shall include the 
118  presumption that any condition or impairment of health of any 
119  firefighter, law enforcement officer, or correctional officer 
120  caused by tuberculosis, heart disease, or hypertension resulting 
121  in total or partial disability or death was accidental and 
122  suffered in the line of duty, unless the contrary be shown by 
123  competent evidence. 
124         Section 3. This act shall take effect July 1, 2010.