House Bill hb0249c1

    Florida House of Representatives - 2001              CS/HB 249

        By the Committee on Crime Prevention, Corrections & Safety
    and Representative Kilmer





  1                      A bill to be entitled

  2         An act relating to disability in the line of

  3         duty; amending s. 112.18, F.S.; expanding the

  4         provisions of law with respect to disability in

  5         the line of duty to include all law enforcement

  6         officers and certain correctional officers and

  7         correctional probation officers; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 112.18, Florida Statutes, is

13  amended to read:

14         112.18  Firefighters and state law enforcement

15  officers; special provisions relative to disability.--

16         (1)  Any condition or impairment of health of any

17  Florida state, municipal, county, port authority, special tax

18  district, or fire control district firefighter or any state

19  law enforcement officer, correctional officer, or correctional

20  probation officer as defined in s. 943.10(1), (2), or (3),

21  respectively, caused by tuberculosis, heart disease, or

22  hypertension resulting in total or partial disability or death

23  shall be presumed to have been accidental and to have been

24  suffered in the line of duty unless the contrary be shown by

25  competent evidence. However, any such firefighter or state law

26  enforcement officer shall have successfully passed a physical

27  examination upon entering into any such service as a

28  firefighter or state law enforcement officer, correctional

29  officer, or correctional probation officer, which examination

30  failed to reveal any evidence of any such condition.  Such

31  presumption shall not apply to benefits payable under or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 249

    189-910-01






  1  granted in a policy of life insurance or disability insurance,

  2  unless the insurer and insured have negotiated for such

  3  additional benefits to be included in the policy contract.

  4         (2)  This section shall be construed to authorize the

  5  above governmental entities to negotiate policy contracts for

  6  life and disability insurance to include accidental death

  7  benefits or double indemnity coverage which shall include the

  8  presumption that any condition or impairment of health of any

  9  firefighter, law enforcement officer, correctional officer, or

10  correctional probation officer caused by tuberculosis, heart

11  disease, or hypertension resulting in total or partial

12  disability or death was accidental and suffered in the line of

13  duty, unless the contrary be shown by competent evidence.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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CODING: Words stricken are deletions; words underlined are additions.