Florida Senate - 2022 CS for SB 1736 By the Committee on Criminal Justice; and Senator Hooper 591-02278-22 20221736c1 1 A bill to be entitled 2 An act relating to records of physical examinations; 3 amending s. 112.18, F.S.; authorizing a specified 4 medical examination to serve as a certain required 5 physical examination for firefighters; making 6 technical changes; amending s. 943.13, F.S.; requiring 7 an employing agency to maintain records of employee 8 physical examinations for a specified period of time 9 after employee separation from the agency; creating a 10 presumption that applies to employees whose records 11 are not maintained for that period of time; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (a) of subsection (1) of section 17 112.18, Florida Statutes, is amended to read: 18 112.18 Firefighters and law enforcement or correctional 19 officers; special provisions relative to disability.— 20 (1)(a) Any condition or impairment of health of any Florida 21 state, municipal, county, port authority, special tax district, 22 or fire control district firefighter or any law enforcement 23 officer, correctional officer, or correctional probation officer 24 as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, 25 heart disease, or hypertension resulting in total or partial 26 disability or death shall be presumed to have been accidental 27 and to have been suffered in the line of duty unless the 28 contrary be shown by competent evidence. However, any such 29 firefighter,
orlaw enforcement officer, correctional officer, 30 or correctional probation officer must have successfully passed 31 a physical examination upon entering into any such service as a 32 firefighter, orlaw enforcement officer, correctional officer, 33 or correctional probation officer, which examination failed to 34 reveal any evidence of any such condition. The medical 35 examination required by s. 633.412(5) may serve as a physical 36 examination upon entering service for a firefighter if the 37 employer did not retain or conduct a physical examination upon 38 entering service. Such presumption does not apply to benefits 39 payable under or granted in a policy of life insurance or 40 disability insurance, unless the insurer and insured have 41 negotiated for such additional benefits to be included in the 42 policy contract. 43 Section 2. Subsection (6) of section 943.13, Florida 44 Statutes, is amended to read: 45 943.13 Officers’ minimum qualifications for employment or 46 appointment.—On or after October 1, 1984, any person employed or 47 appointed as a full-time, part-time, or auxiliary law 48 enforcement officer or correctional officer; on or after October 49 1, 1986, any person employed as a full-time, part-time, or 50 auxiliary correctional probation officer; and on or after 51 October 1, 1986, any person employed as a full-time, part-time, 52 or auxiliary correctional officer by a private entity under 53 contract to the Department of Corrections, to a county 54 commission, or to the Department of Management Services shall: 55 (6) Have passed a physical examination by a licensed 56 physician, physician assistant, or licensed advanced practice 57 registered nurse, based on specifications established by the 58 commission. In order to be eligible for the presumption set 59 forth in s. 112.18 while employed with an employing agency, a 60 law enforcement officer, correctional officer, or correctional 61 probation officer must have successfully passed the physical 62 examination required by this subsection upon entering into 63 service as a law enforcement officer, correctional officer, or 64 correctional probation officer with the employing agency, which 65 examination must have failed to reveal any evidence of 66 tuberculosis, heart disease, or hypertension. A law enforcement 67 officer, correctional officer, or correctional probation officer 68 may not use a physical examination from a former employing 69 agency for purposes of claiming the presumption set forth in s. 70 112.18 against the current employing agency. An employing agency 71 shall maintain records of the physical examination required 72 under this subsection for at least 5 years after the employee’s 73 separation from that agency. If an employing agency fails to 74 maintain such records for the required period of time, it is 75 presumed that the law enforcement officer, correctional officer, 76 or correctional probation officer satisfied the requirement of 77 this subsection of having passed a physical examination. 78 Section 3. This act shall take effect July 1, 2022.