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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to communicable and infectious 2
diseases; providing a short title; amending s. 3
112.181, F.S.; revising and providing definitions; 4
providing a presumption to specified workers that an 5
impairment of health caused by COVID -19 or an 6
infectious disease happened in the line of duty; 7
requiring certain actions in order to be entitled to 8
the presumption; requiring emergency rescue or public 9
safety workers to file an incident or accident report 10
under certain conditions; providing applicability; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. This act may be cited as the "Sergeant Justin 16
White Act." 17
Section 2. Subsections (1), (2), and (5) and paragraph (a) 18
of subsection (6) of section 112.181, Florida Statutes, are 19
amended to read: 20
112.181 Firefighters, paramedics, emergency medical 21
technicians, law enforcement officers, correctional officers ; 22
special provisions relative to certain communicable and 23
infectious diseases.— 24
(1) DEFINITIONS.—As used in this section, the term: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) "Body fluids" means blood and body fluids containing 26
visible blood and other body fluids to which universal 27
precautions for prevention of occupational transmission of 28
blood-borne pathogens, as established by the Centers for Disease 29
Control and Prevention, apply. For purposes of potential 30
transmission of COVID-19, meningococcal meningitis , or 31
tuberculosis, the term "body fluids" includes respiratory, 32
salivary, and sinus fluids, including droplets, sputum, and 33
saliva, mucous, and other fluids through which infectious 34
airborne organisms can be transmitted between persons. 35
(b) "COVID-19" has the same meaning as in s. 768.3 81(1). 36
(c)(b) "Emergency rescue or public safety worker" means 37
any person employed full time by the state or any political 38
subdivision of the state as a firefighter, paramedic, emergency 39
medical technician, law enforcement officer, or correctional 40
officer who, in the course of employment, runs a high risk of 41
occupational exposure to hepatitis, meningococcal meningitis, or 42
tuberculosis, COVID-19, or an infectious disease and who is not 43
employed elsewhere in a similar capacity. However, the term 44
"emergency rescue or public safety worker" does not include any 45
person employed by a public hospital licensed under chapter 395 46
or any person employed by a subsidiary thereof. 47
(d)(c) "Hepatitis" means hepatitis A, hepatitis B, 48
hepatitis non-A, hepatitis non-B, hepatitis C, or any other 49
strain of hepatitis generally recognized by the medical 50
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community. 51
(e)(d) "High risk of occupational exposure" means that 52
risk that is incurred because a person subject to the provisions 53
of this section, in performing the basic duti es associated with 54
his or her employment: 55
1. Provides emergency medical treatment in a non -health-56
care setting where there is a potential for transfer of body 57
fluids between persons; 58
2. At the site of an accident, fire, or other rescue or 59
public safety operation, or in an emergency rescue or public 60
safety vehicle, handles body fluids in or out of containers or 61
works with or otherwise handles needles or other sharp 62
instruments exposed to body fluids; 63
3. Engages in the pursuit, apprehension, and arrest of law 64
violators or suspected law violators and, in performing such 65
duties, may be exposed to body fluids; or 66
4. Is responsible for the custody, and physical restraint 67
when necessary, of prisoners or inmates within a prison, jail, 68
or other criminal detention facility, while on work detail 69
outside the facility, or while being transported and, in 70
performing such duties, may be exposed to body fluids. 71
(f) "Infectious disease" means any condition or impairment 72
of health caused by a disease that has bee n declared a public 73
health emergency in accordance with s. 381.00315. 74
(g)(e) "Occupational exposure," in the case of hepatitis, 75
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meningococcal meningitis, or tuberculosis, COVID-19, or an 76
infectious disease, means an exposure that occurs during the 77
performance of job duties that may place a worker at risk of 78
infection. 79
(2) PRESUMPTION; ELIGIBILITY CONDITIONS. —Any emergency 80
rescue or public safety worker who suffers a condition or 81
impairment of health that is caused by hepatitis, meningococcal 82
meningitis, or tuberculosis, COVID-19, or an infectious disease, 83
that requires medical treatment, and that results in total or 84
partial disability or death is shall be presumed to have a 85
disability suffered in the line of duty, unless the contrary is 86
shown by competent evidence; however, in order to be entitled to 87
the presumption, the emergency rescue or public safety worker 88
must, by written affidavit as provided in s. 92.50, verify by 89
written declaration that, to the best of his or her knowledge 90
and belief: 91
(a) In the case of a medical condition caused by or 92
derived from hepatitis, he or she has not: 93
1. Been exposed, through transfer of bodily fluids, to any 94
person known to have sickness or medical conditions derived from 95
hepatitis, outside the scope of his or her employment; 96
2. Had a transfusion of blood or blood components, other 97
than a transfusion arising out of an accident or injury 98
happening in connection with his or her present employment, or 99
received any blood products for the treatment of a coagulation 100
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disorder since last undergoing medical tests for hepatitis, 101
which tests failed to indicate the presence of hepatitis; 102
3. Engaged in unsafe sexual practices or other high -risk 103
behavior, as identified by the Centers for Disease Control and 104
Prevention or the Surgeon General of the United States, or had 105
sexual relations with a person known to him or her to have 106
engaged in such unsafe sexual practices or other high -risk 107
behavior; or 108
4. Used intravenous drugs not prescribed by a physician. 109
(b) In the case of m eningococcal meningitis, in the 10 110
days immediately preceding diagnosis he or she was not exposed, 111
outside the scope of his or her employment, to any person known 112
to have meningococcal meningitis or known to be an asymptomatic 113
carrier of the disease. 114
(c) In the case of tuberculosis, in the period of time 115
since the worker's last negative tuberculosis skin test, he or 116
she has not been exposed, outside the scope of his or her 117
employment, to any person known by him or her to have 118
tuberculosis. 119
(d) In the case of COVID-19, in the 14 days immediately 120
preceding diagnosis he or she was not exposed, outside the scope 121
of his or her employment, to any person known to have COVID -19. 122
(e) In the case of an infectious disease, he or she 123
contracted the infectious dise ase during a public health 124
emergency declared in accordance with s. 381.00315 and was not 125
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exposed, outside of the scope of his or her employment, to any 126
person known to have the infectious disease. 127
(5) RECORD OF EXPOSURES. —The employing agency shall 128
maintain a record of any known or reasonably suspected exposure 129
of an emergency rescue or public safety worker in its employ to 130
the diseases described in this section and shall immediately 131
notify the employee of such exposure. An emergency rescue or 132
public safety worker shall file an incident or accident report 133
with his or her employer of each instance of known or suspected 134
occupational exposure to hepatitis infection, meningococcal 135
meningitis, or tuberculosis, COVID-19, or an infectious disease . 136
(6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL. —In 137
order to be entitled to the presumption provided by this 138
section: 139
(a) An emergency rescue or public safety worker must, 140
prior to diagnosis, have undergone standard, medically 141
acceptable tests for evidence of the communicable disease for 142
which the presumption is sought, or evidence of medical 143
conditions derived therefrom, which tests fail to indicate the 144
presence of infection. This paragraph does not apply in the case 145
of meningococcal meningitis , COVID-19, or an infectious disease. 146
Section 3. This act shall take effect upon becoming a law. 147