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HB 739 2026
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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 disability provisions for 2
firefighters and law enforcement and correctional 3
officers; amending s. 112.18, F.S.; providing and 4
revising definitions; providing that a previous 5
medical examination revealing no evidence of 6
tuberculosis, heart disease, or hypertension will 7
satisfy the preemployment physical examination 8
requirement; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 112.18, Florida Statutes, is amended to 13
read: 14
112.18 Firefighters and law enforcement or correctional 15
officers; special provisions relative to disability.— 16
(1) As used in this section, the term: 17
(a) "Correctional officer" has the same meaning as in s. 18
943.10(2). 19
(b) "Correctional probation officer" has the same meaning 20
as in s. 943.10(3). 21
(c) "Fire service provider" has the same meaning as in s. 22
633.102. 23
(d) "Heart disease" means any organic, mechanical, or 24
functional abnormality of the heart, its structures, or the 25
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coronary arteries. 26
(e) "Law enforcement officer" has the same meaning as in 27
s. 943.10(1). 28
(f) "Medical specialist" means a physician licensed under 29
chapter 458 or chapter 459 who has a board certification in a 30
medical specialty inclusive of care and treatment of 31
tuberculosis, heart disease, or hypertension. 32
(g) "Prescribed course of treatment" means prescribed 33
medical courses of action and prescribed medicines for the 34
specific disease or diseases claimed, as documented by the 35
prescribing physician in the patient's medical records. 36
(2)(a)(1)(a) Any condition or impairment of health of any 37
Florida state, municipal, county, port authority, special tax 38
district, or fire control district firefighter or any law 39
enforcement officer, correctional officer, or correctional 40
probation officer as defined in s. 943.10(1), (2), or (3) caused 41
by tuberculosis, heart disease, or hypertension resulting in 42
total or partial disability or death shall be presumed to have 43
been accidental and to have been suffered in the line of duty 44
unless the contrary be shown by competent evidence. However, any 45
such firefighter, law enforcement officer, correctional officer, 46
or correctional probation officer must have successfully passed 47
a physical examination upon entering into any such service as a 48
firefighter, law enforcement officer, correctional officer, or 49
correctional probation officer, which examination failed to 50
HB 739 2026
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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
reveal any evidence of any such condition. Such presumption does 51
not apply to benefits payable under or granted in a policy of 52
life insurance or disability insurance, unless the insurer and 53
insured have negotiated for such additional benefits to be 54
included in the policy contract. 55
(b)1. If a firefighter did not undergo a preemployment 56
physical examination, the medical examination required by s. 57
633.412(5) is shall be deemed to satisfy the physical 58
examination requirement under paragraph (a), if the medical 59
examination completed pursuant to s. 633.412(5) failed to reveal 60
any evidence of tuberculosis, heart disease, or hypertension. 61
2. If a law enforcement officer did not undergo a 62
preemployment physical examination, the medical examination 63
required by s. 943.13 is deemed to satisfy the physical 64
examination requirement under paragraph (a), if the medical 65
examination completed pursuant to s. 943.13 failed to reveal any 66
evidence of tuberculosis, heart disease, or hypertension. 67
3.2. If a firefighter underwent a preemployment physical 68
examination, the employing fire service provider, as defined in 69
s. 633.102, must maintain records of the physical examination 70
for at least 5 years after the employee's separation from the 71
employing fire service provider. If the employing fire service 72
provider fails to maintain the records of the physical 73
examination for the 5-year period after the employee's 74
separation, it is presumed that the employee has met the 75
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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
requirements of paragraph (a). 76
(c)1. For any workers' compensation claim filed under this 77
section and chapter 440 occurring on or after July 1, 2010, a 78
law enforcement officer, correctional officer, or correctional 79
probation officer as defined in s. 943.10(1), (2), or (3) 80
suffering from tuberculosis, heart disease, or hypertension is 81
presumed not to have incurred such disease in the line of duty 82
as provided in this section if the law enforcement officer, 83
correctional officer, or correctional probation officer: 84
a. Departed in a material fashion from the prescribed 85
course of treatment of his or her personal physician and the 86
departure is demonstrated to have resulted in a significant 87
aggravation of the tuberculosis, heart disease, or hypertension 88
resulting in disability or increasing the disability or need for 89
medical treatment; or 90
b. Was previously compensated pursuant to this section and 91
chapter 440 for tuberculosis, heart disease, or hypertension and 92
thereafter sustains and reports a new compensable workers' 93
compensation claim under this section and chapter 440, and the 94
law enforcement officer, correctional officer, or correctional 95
probation officer has departed in a material fashion from the 96
prescribed course of treatment of an authorized physician for 97
the preexisting workers' compensation claim and the departure is 98
demonstrated to have resulted in a significant aggravation of 99
the tuberculosis, heart disease, or hypertension resulting in 100
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disability or increasing the disability or need for medical 101
treatment. 102
2. As used in this paragraph, "prescribed course of 103
treatment" means prescribed medical courses of action and 104
prescribed medicines for the specific disease or diseases 105
claimed and as documented in the prescribing physician's medical 106
records. 107
2.3. If there is a dispute as to the appropriateness of 108
the course of treatment prescribed by a physician under sub-109
subparagraph 1.a. or sub-subparagraph 1.b. or whether a 110
departure in a material fashion from the prescribed course of 111
treatment is demonstrated to have resulted in a significant 112
aggravation of the tuberculosis, heart disease, or hypertension 113
resulting in disability or increasing the disability or need for 114
medical treatment, the law enforcement officer, correctional 115
officer, or correctional probation officer is entitled to seek 116
an independent medical examination pursuant to s. 440.13(5). 117
3.4. A law enforcement officer, correctional officer, or 118
correctional probation officer is not entitled to the 119
presumption provided in this section unless a claim for benefits 120
is made before prior to or within 180 days after leaving the 121
employment of the employing agency. 122
(3)(2) This section authorizes each governmental entity 123
specified in subsection (2) (1) to negotiate policy contracts 124
for life and disability insurance to include accidental death 125
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benefits or double indemnity coverage which includes shall 126
include the presumption that any condition or impairment of 127
health of any firefighter, law enforcement officer, or 128
correctional officer caused by tuberculosis, heart disease, or 129
hypertension resulting in total or partial disability or death 130
was accidental and suffered in the line of duty, unless the 131
contrary be shown by competent evidence. 132
(4)(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter, 133
law enforcement officer, correctional officer, or correctional 134
probation officer requiring medical treatment for a compensable 135
presumptive condition listed in subsection (2) (1) may be 136
treated by a medical specialist. Except in emergency situations, 137
a firefighter, law enforcement officer, correctional officer, or 138
correctional probation officer entitled to access a medical 139
specialist under this subsection must provide written notice of 140
his or her selection of a medical specialist to the 141
firefighter's or officer's workers' compensation carrier, self-142
insured employer, or third-party administrator, and the carrier, 143
self-insured employer, or third-party administrator must 144
authorize the selected medical specialist or authorize an 145
alternative medical specialist with the same or greater 146
qualifications. Within 5 business days after receipt of the 147
written notice, the workers' compensation carrier, self-insured 148
employer, or third-party administrator must authorize treatment 149
and schedule an appointment, which must be held within 30 days 150
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after receipt of the written notice, with the selected medical 151
specialist or the alternative medical specialist. If the 152
workers' compensation carrier, self-insured employer, or third-153
party administrator fails to authorize an alternative medical 154
specialist within 5 business days after receipt of the written 155
notice, the medical specialist selected by the firefighter or 156
officer is authorized. The continuing care and treatment by a 157
medical specialist must be reasonable, necessary, and related to 158
tuberculosis, heart disease, or hypertension; be reimbursed at 159
no more than 200 percent of the Medicare rate for a selected 160
medical specialist; and be authorized by the firefighter's or 161
officer's workers' compensation carrier, self-insured employer, 162
or third-party administrator. 163
(b) For purposes of this subsection, the term "medical 164
specialist" means a physician licensed under chapter 458 or 165
chapter 459 who has board certification in a medical specialty 166
inclusive of care and treatment of tuberculosis, heart disease, 167
or hypertension. 168
Section 2. This act shall take effect July 1, 2026. 169