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.