THE BILL ITSELF
HB 739
Disability Provisions for Firefighters and Law Enforcement and Correctional Officers
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A bill to be entitled
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An act relating to disability provisions for
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firefighters and law enforcement and correctional
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officers; amending s. 112.18, F.S.; providing and
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revising definitions; providing that a previous
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medical examination revealing no evidence of
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tuberculosis, heart disease, or hypertension will
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satisfy the preemployment physical examination
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requirement; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 112.18, Florida Statutes, is amended to
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read:
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112.18 Firefighters and law enforcement or correctional
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officers; special provisions relative to disability.—
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(1) As used in this section, the term:
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(a) "Correctional officer" has the same meaning as in s.
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943.10(2).
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(b) "Correctional probation officer" has the same meaning
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as in s. 943.10(3).
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(c) "Fire service provider" has the same meaning as in s.
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633.102.
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(d) "Heart disease" means any organic, mechanical, or
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functional abnormality of the heart, its structures, or the
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coronary arteries.
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(e) "Law enforcement officer" has the same meaning as in
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s. 943.10(1).
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(f) "Medical specialist" means a physician licensed under
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chapter 458 or chapter 459 who has a board certification in a
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medical specialty inclusive of care and treatment of
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tuberculosis, heart disease, or hypertension.
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(g) "Prescribed course of treatment" means prescribed
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medical courses of action and prescribed medicines for the
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specific disease or diseases claimed, as documented by the
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prescribing physician in the patient's medical records.
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(2)(a)(1)(a) Any condition or impairment of health of any
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Florida state, municipal, county, port authority, special tax
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district, or fire control district firefighter or any law
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enforcement officer, correctional officer, or correctional
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probation officer as defined in s. 943.10(1), (2), or (3) caused
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by tuberculosis, heart disease, or hypertension resulting in
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total or partial disability or death shall be presumed to have
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been accidental and to have been suffered in the line of duty
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unless the contrary be shown by competent evidence. However, any
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such firefighter, law enforcement officer, correctional officer,
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or correctional probation officer must have successfully passed
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a physical examination upon entering into any such service as a
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firefighter, law enforcement officer, correctional officer, or
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correctional probation officer, which examination failed to
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reveal any evidence of any such condition. Such presumption does
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not apply to benefits payable under or granted in a policy of
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life insurance or disability insurance, unless the insurer and
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insured have negotiated for such additional benefits to be
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included in the policy contract.
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(b)1. If a firefighter did not undergo a preemployment
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physical examination, the medical examination required by s.
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633.412(5) is shall be deemed to satisfy the physical
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examination requirement under paragraph (a), if the medical
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examination completed pursuant to s. 633.412(5) failed to reveal
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any evidence of tuberculosis, heart disease, or hypertension.
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2. If a law enforcement officer did not undergo a
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preemployment physical examination, the medical examination
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required by s. 943.13 is deemed to satisfy the physical
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examination requirement under paragraph (a), if the medical
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examination completed pursuant to s. 943.13 failed to reveal any
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evidence of tuberculosis, heart disease, or hypertension.
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3.2. If a firefighter underwent a preemployment physical
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examination, the employing fire service provider, as defined in
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s. 633.102, must maintain records of the physical examination
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for at least 5 years after the employee's separation from the
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employing fire service provider. If the employing fire service
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provider fails to maintain the records of the physical
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examination for the 5-year period after the employee's
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separation, it is presumed that the employee has met the
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requirements of paragraph (a).
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(c)1. For any workers' compensation claim filed under this
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section and chapter 440 occurring on or after July 1, 2010, a
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law enforcement officer, correctional officer, or correctional
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probation officer as defined in s. 943.10(1), (2), or (3)
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suffering from tuberculosis, heart disease, or hypertension is
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presumed not to have incurred such disease in the line of duty
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as provided in this section if the law enforcement officer,
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correctional officer, or correctional probation officer:
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a. Departed in a material fashion from the prescribed
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course of treatment of his or her personal physician and the
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departure is demonstrated to have resulted in a significant
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aggravation of the tuberculosis, heart disease, or hypertension
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resulting in disability or increasing the disability or need for
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medical treatment; or
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b. Was previously compensated pursuant to this section and
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chapter 440 for tuberculosis, heart disease, or hypertension and
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thereafter sustains and reports a new compensable workers'
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compensation claim under this section and chapter 440, and the
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law enforcement officer, correctional officer, or correctional
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probation officer has departed in a material fashion from the
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prescribed course of treatment of an authorized physician for
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the preexisting workers' compensation claim and the departure is
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demonstrated to have resulted in a significant aggravation of
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the tuberculosis, heart disease, or hypertension resulting in
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disability or increasing the disability or need for medical
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treatment.
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2. As used in this paragraph, "prescribed course of
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treatment" means prescribed medical courses of action and
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prescribed medicines for the specific disease or diseases
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claimed and as documented in the prescribing physician's medical
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records.
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2.3. If there is a dispute as to the appropriateness of
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the course of treatment prescribed by a physician under sub-
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subparagraph 1.a. or sub-subparagraph 1.b. or whether a
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departure in a material fashion from the prescribed course of
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treatment is demonstrated to have resulted in a significant
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aggravation of the tuberculosis, heart disease, or hypertension
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resulting in disability or increasing the disability or need for
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medical treatment, the law enforcement officer, correctional
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officer, or correctional probation officer is entitled to seek
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an independent medical examination pursuant to s. 440.13(5).
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3.4. A law enforcement officer, correctional officer, or
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correctional probation officer is not entitled to the
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presumption provided in this section unless a claim for benefits
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is made before prior to or within 180 days after leaving the
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employment of the employing agency.
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(3)(2) This section authorizes each governmental entity
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specified in subsection (2) (1) to negotiate policy contracts
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for life and disability insurance to include accidental death
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benefits or double indemnity coverage which includes shall
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include the presumption that any condition or impairment of
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health of any firefighter, law enforcement officer, or
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correctional officer caused by tuberculosis, heart disease, or
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hypertension resulting in total or partial disability or death
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was accidental and suffered in the line of duty, unless the
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contrary be shown by competent evidence.
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(4)(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter,
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law enforcement officer, correctional officer, or correctional
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probation officer requiring medical treatment for a compensable
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presumptive condition listed in subsection (2) (1) may be
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treated by a medical specialist. Except in emergency situations,
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a firefighter, law enforcement officer, correctional officer, or
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correctional probation officer entitled to access a medical
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specialist under this subsection must provide written notice of
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his or her selection of a medical specialist to the
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firefighter's or officer's workers' compensation carrier, self-
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insured employer, or third-party administrator, and the carrier,
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self-insured employer, or third-party administrator must
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authorize the selected medical specialist or authorize an
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alternative medical specialist with the same or greater
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qualifications. Within 5 business days after receipt of the
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written notice, the workers' compensation carrier, self-insured
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employer, or third-party administrator must authorize treatment
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and schedule an appointment, which must be held within 30 days
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after receipt of the written notice, with the selected medical
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specialist or the alternative medical specialist. If the
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workers' compensation carrier, self-insured employer, or third-
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party administrator fails to authorize an alternative medical
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specialist within 5 business days after receipt of the written
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notice, the medical specialist selected by the firefighter or
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officer is authorized. The continuing care and treatment by a
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medical specialist must be reasonable, necessary, and related to
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tuberculosis, heart disease, or hypertension; be reimbursed at
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no more than 200 percent of the Medicare rate for a selected
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medical specialist; and be authorized by the firefighter's or
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officer's workers' compensation carrier, self-insured employer,
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or third-party administrator.
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(b) For purposes of this subsection, the term "medical
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specialist" means a physician licensed under chapter 458 or
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chapter 459 who has board certification in a medical specialty
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inclusive of care and treatment of tuberculosis, heart disease,
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or hypertension.
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Section 2. This act shall take effect July 1, 2026.