Florida Statute 112.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

View Entire Chapter

F.S. 112.18

112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability.—

(1)(a) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. However, any such firefighter, law enforcement officer, correctional officer, or correctional probation officer must have successfully passed a physical examination upon entering into any such service as a firefighter, law enforcement officer, correctional officer, or correctional probation officer, which examination failed to reveal any evidence of any such condition. Such presumption does not apply to benefits payable under or granted in a policy of life insurance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract.

(b)1. If a firefighter did not undergo a preemployment physical examination, the medical examination required by s. 633.412(5) shall be deemed to satisfy the physical examination requirement under paragraph (a), if the medical examination completed pursuant to s. 633.412(5) failed to reveal any evidence of tuberculosis, heart disease, or hypertension.

2. If a firefighter underwent a preemployment physical examination, the employing fire service provider, as defined in s. 633.102, must maintain records of the physical examination for at least 5 years after the employee’s separation from the employing fire service provider. If the employing fire service provider fails to maintain the records of the physical examination for the 5-year period after the employee’s separation, it is presumed that the employee has met the requirements of paragraph (a).

(c)1. For any workers’ compensation claim filed under this section and chapter 440 occurring on or after July 1, 2010, a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) suffering from tuberculosis, heart disease, or hypertension is presumed not to have incurred such disease in the line of duty as provided in this section if the law enforcement officer, correctional officer, or correctional probation officer:

a. Departed in a material fashion from the prescribed course of treatment of his or her personal physician and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment; or

b. Was previously compensated pursuant to this section and chapter 440 for tuberculosis, heart disease, or hypertension and thereafter sustains and reports a new compensable workers’ compensation claim under this section and chapter 440, and the law enforcement officer, correctional officer, or correctional probation officer has departed in a material fashion from the prescribed course of treatment of an authorized physician for the preexisting workers’ compensation claim and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment.

2. As used in this paragraph, “prescribed course of treatment” means prescribed medical courses of action and prescribed medicines for the specific disease or diseases claimed and as documented in the prescribing physician’s medical records.

3. If there is a dispute as to the appropriateness of the course of treatment prescribed by a physician under sub-subparagraph 1.a. or sub-subparagraph 1.b. or whether a departure in a material fashion from the prescribed course of treatment is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment, the law enforcement officer, correctional officer, or correctional probation officer is entitled to seek an independent medical examination pursuant to s. 440.13(5).

4. A law enforcement officer, correctional officer, or correctional probation officer is not entitled to the presumption provided in this section unless a claim for benefits is made prior to or within 180 days after leaving the employment of the employing agency.

(2) This section authorizes each governmental entity specified in subsection (1) to negotiate policy contracts for life and disability insurance to include accidental death benefits or double indemnity coverage which shall include the presumption that any condition or impairment of health of any firefighter, law enforcement officer, or correctional officer caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.

(3)(a) Notwithstanding s. 440.13(2)(c), a firefighter, law enforcement officer, correctional officer, or correctional probation officer requiring medical treatment for a compensable presumptive condition listed in subsection (1) may be treated by a medical specialist. Except in emergency situations, a firefighter, law enforcement officer, correctional officer, or correctional probation officer entitled to access a medical specialist under this subsection must provide written notice of his or her selection of a medical specialist to the firefighter’s or officer’s workers’ compensation carrier, self-insured employer, or third-party administrator, and the carrier, self-insured employer, or third-party administrator must authorize the selected medical specialist or authorize an alternative medical specialist with the same or greater qualifications. Within 5 business days after receipt of the written notice, the workers’ compensation carrier, self-insured employer, or third-party administrator must authorize treatment and schedule an appointment, which must be held within 30 days after receipt of the written notice, with the selected medical specialist or the alternative medical specialist. If the workers’ compensation carrier, self-insured employer, or third-party administrator fails to authorize an alternative medical specialist within 5 business days after receipt of the written notice, the medical specialist selected by the firefighter or officer is authorized. The continuing care and treatment by a medical specialist must be reasonable, necessary, and related to tuberculosis, heart disease, or hypertension; be reimbursed at no more than 200 percent of the Medicare rate for a selected medical specialist; and be authorized by the firefighter’s or officer’s workers’ compensation carrier, self-insured employer, or third-party administrator.

(b) For purposes of this subsection, the term “medical specialist” means a physician licensed under chapter 458 or chapter 459 who has board certification in a medical specialty inclusive of care and treatment of tuberculosis, heart disease, or hypertension.

History.—s. 1, ch. 65-480; s. 1, ch. 73-125; s. 32, ch. 77-104; s. 692, ch. 95-147; s. 21, ch. 99-392; s. 3, ch. 2002-236; s. 2, ch. 2010-175; s. 1, ch. 2022-114; s. 1, ch. 2024-209.

F.S. 112.18 on Google Scholar

F.S. 112.18 on Casetext

Amendments to 112.18

Arrestable Offenses / Crimes under Fla. Stat. 112.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.18.

Annotations, Discussions, Cases:

Cases Citing Statute 112.18

Total Results: 20

Sudano v. Collier County Sheriff's Office

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: 2019) (holding that the presumption in section 112.18, Florida Statutes, only applies if a preemployment

Seminole County, Florida and Johns Eastern Company, Inc. v. Braden

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: attack and subsequent heart transplant 1 § 112.18, Fla. Stat. (2021). which occurred after his diagnosis

Joshua Holcombe v. City of Naples/Johns Eastern Company, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: presumption of occupational causation provided by section 112.18, Florida Statutes (2018). For the foregoing reasons

St. Lucie FCRD and PGCS v. FMIT, Florida Municipal etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-12-10

Citation: 259 So. 3d 992

Snippet: of occupational causation set forth in section 112.18, Florida Statutes, which does not apply if the

City of Jacksonville and City of Jacksonville etc. v. Adrian O'Neal

Court: District Court of Appeal of Florida | Date Filed: 2018-03-15

Citation: 240 So. 3d 861

Snippet: correctional officer since 1995, relied on section 112.18, Florida Statutes, which provides a presumption

Ruben Rodriguez v. Tallahassee Fire Department/ City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 2018-03-15

Citation: 240 So. 3d 788

Snippet: compensable by his Employer/Carrier (E/C) under section 112.18, Florida Statutes (2013) (providing rebuttable

City of Homestead/Preferred Gov't Claims Solutions v. Foust

Court: District Court of Appeal of Florida | Date Filed: 2018-01-26

Citation: 242 So. 3d 1169

Snippet: disease and hypertension by operation of section 112.18, Florida Statutes. For the following reasons, we

City of Tavares and Gallagher Bassett etc. v. Billy Harper

Court: District Court of Appeal of Florida | Date Filed: 2017-10-30

Citation: 230 So. 3d 918

Snippet: presumption in the Heart-Lung Statute, section 112.18(1), Florida Statutes (2015). According to the

City of Tavares v. Harper

Court: District Court of Appeal of Florida | Date Filed: 2017-10-24

Citation: 230 So. 3d 918

Snippet: presumption in the Heart-Lung Statute, section 112.18(1), Florida Statutes (2015). According to the E/SA

City of Jacksonville v. Ratliff

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 183, 2017 Fla. App. LEXIS 5201

Snippet: treatment under the “heart-lung” statute, section 112.18, Florida Statutes (2014). The Claimant did not

State of Florida Department of Corr. v. Andrew Junod

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 200, 2017 Fla. App. LEXIS 5231

Snippet: benefits under the heart-lung statute, section 112.18 of the Florida Statutes. We reverse. Claimant’s

Gonzalez v. St. Lucie County-Fire District/Florida Municipal Insurance Trust-Florida League of Cities, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-03-20

Citation: 186 So. 3d 1106, 2016 WL 878822

Snippet: determination of compensable heart disease under paragraph 112.18, Florida Statutes (2013). * In the final

Thomasena Mitchell v. Miami Dade County aka MDPD (Intracoastal) etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-02-28

Citation: 186 So. 3d 65

Snippet: enforcement officer, was entitled under paragraph 112.18(l)(a), Florida Statutes (2012). See Miami-Dade

Scherer v. Volusia County Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2015-07-07

Citation: 171 So. 3d 135

Snippet: compensation claims ruling him ineligible under section 112.18(1)(b)4., Florida Statutes (2013), for the presumption

Miami-Dade County v. Thomasena Mitchell

Court: District Court of Appeal of Florida | Date Filed: 2015-02-04

Citation: 159 So. 3d 172, 2015 WL 468980

Snippet: Claimant, a law enforcement officer, under section 112.18(l)(a), Florida Statutes (2012). The Employer argues

City of Jacksonville Fire and Rescue etc. v. Johnny Battle

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 148 So. 3d 795, 2014 WL 4656586

Snippet: found Claimant was entitled to rely on section 112.18, Florida Statutes (2012), which reads: (1)(a)

Leon Smith v. City of Daytona Beach Police Dept./City of etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 143 So. 3d 436, 2014 WL 3466907

Snippet: afforded law enforcement officers under section 112.18(1), Florida Statutes. Claimant appealed the JCC’s

Johns Eastern Co. v. Bellamy

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 137 So. 3d 1058, 2014 WL 953622, 2014 Fla. App. LEXIS 3501

Snippet: and certain other employees, set out in section 112.18(l)(a), Florida Statutes (2011). Nevertheless, because

City of North Bay Village v. Guevara

Court: District Court of Appeal of Florida | Date Filed: 2013-11-06

Citation: 129 So. 3d 1100, 2013 Fla. App. LEXIS 17728, 2013 WL 5932296

Snippet: afforded law enforcement officers under section 112.18(1), Florida Statutes (2006). The JCC also noted

Pasco County Sheriff's Office v. Shaffer

Court: District Court of Appeal of Florida | Date Filed: 2013-10-23

Citation: 125 So. 3d 1051, 2013 WL 5744441, 2013 Fla. App. LEXIS 16979

Snippet: can be considered disabled pursuant to section 112.18, Florida Statutes. It is argued that because Claimant