Florida 2025 Regular Session

Florida House Bill H0269 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 269 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to disability provisions for 2
16	16	firefighters and law enforcement and correctional 3
17	17	officers; amending s. 112.18, F.S.; providing and 4
18	18	revising definitions relating to certain disabilities 5
19	19	of firefighters and law enforcement and correctional 6
20	20	officers; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Section 112.18, Florida Statutes, is ame nded to 11
25	25	read: 12
26	26	112.18 Firefighters and law enforcement or correctional 13
27	27	officers; special provisions relative to disability. — 14
28	28	(1) As used in this section, the term: 15
29	29	(a) "Correctional officer" has the same meaning as in s. 16
30	30	943.10(2). 17
31	31	(b) "Correctional probation officer" has the same meaning 18
32	32	as in s. 943.10(3). 19
33	33	(c) "Fire service provider" has the same meaning as in s. 20
34	34	633.102(13). 21
35	35	(d) "Heart disease" means any organic, mechanical, or 22
36	36	functional abnormality of the heart, its structures, or the 23
37	37	coronary arteries. 24
38	38	(e) "Law enforcement officer" has the same meaning as in 25
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40	40	HB 269 2025
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb269-00
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47	47	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
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49	49
50	50
51	51	s. 943.10(1). 26
52	52	(f) "Medical specialist" means a physician licensed under 27
53	53	chapter 458 or chapter 459 who has a board certification in a 28
54	54	medical speciality inclusive of care and treatme nt of 29
55	55	tuberculosis, heart disease, or hypertension. 30
56	56	(g) "Prescribed course of treatment" means prescribed 31
57	57	medical courses of action and prescribed medicines for the 32
58	58	specific disease or diseases claimed, as documented by the 33
59	59	prescribing physician in the p atient's medical records. 34
60	60	(2)(a)(1)(a) Any condition or impairment of health of any 35
61	61	Florida state, municipal, county, port authority, special tax 36
62	62	district, or fire control district firefighter or any law 37
63	63	enforcement officer, correctional officer, or corr ectional 38
64	64	probation officer as defined in s. 943.10(1), (2), or (3) caused 39
65	65	by tuberculosis, heart disease, or hypertension resulting in 40
66	66	total or partial disability or death shall be presumed to have 41
67	67	been accidental and to have been suffered in the line of d uty 42
68	68	unless the contrary be shown by competent evidence. However, any 43
69	69	such firefighter, law enforcement officer, correctional officer, 44
70	70	or correctional probation officer must have successfully passed 45
71	71	a physical examination upon entering into any such service as a 46
72	72	firefighter, law enforcement officer, correctional officer, or 47
73	73	correctional probation officer, which examination failed to 48
74	74	reveal any evidence of any such condition. Such presumption does 49
75	75	not apply to benefits payable under or granted in a policy of 50
76	76
77	77	HB 269 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb269-00
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84	84	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
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86	86
87	87
88	88	life insurance or disability insurance, unless the insurer and 51
89	89	insured have negotiated for such additional benefits to be 52
90	90	included in the policy contract. 53
91	91	(b)1. If a firefighter did not undergo a preemployment 54
92	92	physical examination, the medical examinatio n required by s. 55
93	93	633.412(5) is shall be deemed to satisfy the physical 56
94	94	examination requirement under paragraph (a), if the medical 57
95	95	examination completed pursuant to s. 633.412(5) failed to reveal 58
96	96	any evidence of tuberculosis, heart disease, or hypertension . 59
97	97	2. If a firefighter underwent a preemployment physical 60
98	98	examination, the employing fire service provider , as defined in 61
99	99	s. 633.102, must maintain records of the physical examination 62
100	100	for at least 5 years after the employee's separation from the 63
101	101	employing fire service provider. If the employing fire service 64
102	102	provider fails to maintain the records of the physical 65
103	103	examination for the 5 -year period after the employee's 66
104	104	separation, it is presumed that the employee has met the 67
105	105	requirements of paragraph (a). 68
106	106	(c)1. For any workers' compensation claim filed under this 69
107	107	section and chapter 440 occurring on or after July 1, 2010, a 70
108	108	law enforcement officer, correctional officer, or correctional 71
109	109	probation officer as defined in s. 943.10(1), (2), or (3) 72
110	110	suffering from tuberculosis, heart disease, or hypertension is 73
111	111	presumed not to have incurred such disease in the line of duty 74
112	112	as provided in this sect ion if the law enforcement officer, 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	correctional officer, or correctional probation officer: 76
126	126	a. Departed in a material fashion from the prescribed 77
127	127	course of treatment of his or her personal physician and the 78
128	128	departure is demonstrated to have resulted in a significant 79
129	129	aggravation of the tuberculosis, heart disease, or hypertension 80
130	130	resulting in disability or increasing the disability or need for 81
131	131	medical treatment; or 82
132	132	b. Was previously compensated pursuant to this section and 83
133	133	chapter 440 for tuberculosis, heart disease, or hypertension and 84
134	134	thereafter sustains and reports a new compensable workers' 85
135	135	compensation claim under this section and chapter 440, and the 86
136	136	law enforcement officer, correctional officer, or correctional 87
137	137	probation officer has departed in a material fashion from the 88
138	138	prescribed course of treatment of an authorized physician for 89
139	139	the preexisting workers' compensation claim and the departure is 90
140	140	demonstrated to have resulted in a significant aggravation of 91
141	141	the tuberculosis, heart disease, or hyper tension resulting in 92
142	142	disability or increasing the disability or need for medical 93
143	143	treatment. 94
144	144	2. As used in this paragraph, "prescribed course of 95
145	145	treatment" means prescribed medical courses of action and 96
146	146	prescribed medicines for the specific disease or dis eases 97
147	147	claimed and as documented in the prescribing physician's medical 98
148	148	records. 99
149	149	2.3. If there is a dispute as to the appropriateness of 100
150	150
151	151	HB 269 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb269-00
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158	158	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
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162	162	the course of treatment prescribed by a physician under sub -101
163	163	subparagraph 1.a. or sub -subparagraph 1.b. or whether a 102
164	164	departure in a material fashion from the prescribed course of 103
165	165	treatment is demonstrated to have resulted in a significant 104
166	166	aggravation of the tuberculosis, heart disease, or hypertension 105
167	167	resulting in disability or increasing the disability or need for 106
168	168	medical treatment, the law enforcement officer, correctional 107
169	169	officer, or correctional probation officer is entitled to seek 108
170	170	an independent medical examination pursuant to s. 440.13(5). 109
171	171	3.4. A law enforcement officer, correctional officer, or 110
172	172	correctional probation officer is not entitled to the 111
173	173	presumption provided in this section unless a claim for benefits 112
174	174	is made prior to or within 180 days after leaving the employment 113
175	175	of the employing agency. 114
176	176	(3)(2) This section authorizes each governmental entity 115
177	177	specified in subsection (2) (1) to negotiate policy contracts 116
178	178	for life and disability insurance to include accidental death 117
179	179	benefits or double indemnity coverage which includes shall 118
180	180	include the presumption that any condition or impairment of 119
181	181	health of any firefig hter, law enforcement officer, or 120
182	182	correctional officer caused by tuberculosis, heart disease, or 121
183	183	hypertension resulting in total or partial disability or death 122
184	184	was accidental and suffered in the line of duty, unless the 123
185	185	contrary be shown by competent evide nce. 124
186	186	(4)(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter, 125
187	187
188	188	HB 269 2025
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb269-00
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195	195	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
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197	197
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199	199	law enforcement officer, correctional officer, or correctional 126
200	200	probation officer requiring medical treatment for a compensable 127
201	201	presumptive condition listed in subsection (2) (1) may be 128
202	202	treated by a medical specialist. Except in emergency situations, 129
203	203	a firefighter, law enforcement officer, correctional officer, or 130
204	204	correctional probation officer entitled to access a medical 131
205	205	specialist under this subsection must provide written notice of 132
206	206	his or her selection of a medical specialist to the 133
207	207	firefighter's or officer's workers' compensation carrier, self -134
208	208	insured employer, or third -party administrator, and the carrier, 135
209	209	self-insured employer, or third -party administrator must 136
210	210	authorize the selected medi cal specialist or authorize an 137
211	211	alternative medical specialist with the same or greater 138
212	212	qualifications. Within 5 business days after receipt of the 139
213	213	written notice, the workers' compensation carrier, self -insured 140
214	214	employer, or third-party administrator must a uthorize treatment 141
215	215	and schedule an appointment, which must be held within 30 days 142
216	216	after receipt of the written notice, with the selected medical 143
217	217	specialist or the alternative medical specialist. If the 144
218	218	workers' compensation carrier, self -insured employer, or third-145
219	219	party administrator fails to authorize an alternative medical 146
220	220	specialist within 5 business days after receipt of the written 147
221	221	notice, the medical specialist selected by the firefighter or 148
222	222	officer is authorized. The continuing care and treatment by a 149
223	223	medical specialist must be reasonable, necessary, and related to 150
224	224
225	225	HB 269 2025
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb269-00
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232	232	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
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236	236	tuberculosis, heart disease, or hypertension; be reimbursed at 151
237	237	no more than 200 percent of the Medicare rate for a selected 152
238	238	medical specialist; and be authorized by the firefighter's or 153
239	239	officer's workers' compensation carrier, self -insured employer, 154
240	240	or third-party administrator. 155
241	241	(b) For purposes of this subsection, the term "medical 156
242	242	specialist" means a physician licensed under chapter 458 or 157
243	243	chapter 459 who has board certification in a med ical specialty 158
244	244	inclusive of care and treatment of tuberculosis, heart disease, 159
245	245	or hypertension. 160
246	246	Section 2. This act shall take effect July 1, 2025. 161