Florida Statute 185.34 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 185
MUNICIPAL POLICE PENSIONS

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F.S. 185.34

185.34 Disability in line of duty.—For any municipality, chapter plan, local law municipality, or local law plan under this chapter, any condition or impairment of health of any and all police officers employed in the state caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total or partial disability or death, shall be presumed to be accidental and suffered in line of duty unless the contrary be shown by competent evidence. Any condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the police officer, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such police officer shall have successfully passed a physical examination upon entering such service, which physical examination including electrocardiogram failed to reveal any evidence of such condition, and, further, that such presumption shall not apply to benefits payable under or granted in a policy of life insurance or disability insurance. This section shall be applicable to all police officers only with reference to pension and retirement benefits under this chapter.

History.—ss. 1, 2, ch. 57-340; s. 1, ch. 67-580; s. 62, ch. 79-40; s. 21, ch. 86-42; s. 72, ch. 99-1.

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Amendments to 185.34

Arrestable Offenses / Crimes under Fla. Stat. 185.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 185.34.

Annotations, Discussions, Cases:

Cases Citing Statute 185.34

Total Results: 11

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: presumption of sections 112.18 (firefighters) and 185.34 (police officers) and application of the presumptions

Universal Insurance Co. of North America v. Warfel

Court: Supreme Court of Florida | Date Filed: 2012-01-26

Citation: 82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Snippet: Brasher, 132 So.2d at 443 (interpreting section 185.34, Florida Statutes (1957)). As discussed above,

City of Miami v. Fraternal Order of Police, Miami Lodge 20, Health Insurance Trust

Court: District Court of Appeal of Florida | Date Filed: 1990-02-13

Citation: 559 So. 2d 627, 1990 Fla. App. LEXIS 863, 1990 WL 11818

Snippet: City, asking the court to declare that Section 185.34, Florida Statutes (Supp.1986),1 applied to claims

Board of Trustees, Town of Palm Beach Employees Retirement System v. Connor

Court: District Court of Appeal of Florida | Date Filed: 1984-08-08

Citation: 453 So. 2d 910, 9 Fla. L. Weekly 1728, 1984 Fla. App. LEXIS 14611

Snippet: the statutory presumption contained in section 185.34, Florida Statutes (1983). Any condition or impairment

Pfeiffer v. State, Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1983-08-16

Citation: 436 So. 2d 350, 1983 Fla. App. LEXIS 20110

Snippet: Pfeiffer also contends that, pursuant to Section 185.34, Florida Statutes (1979), he is entitled to a presumption

Connor v. Town of Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 1981-05-13

Citation: 398 So. 2d 952, 1981 Fla. App. LEXIS 19799

Snippet: present. The officer’s attorney argued that Section 185.34, Florida Statutes (1977) entitled his client to

Caldwell v. DIVISION OF RETIREMENT, ETC.

Court: Supreme Court of Florida | Date Filed: 1979-06-14

Citation: 372 So. 2d 438

Snippet: discharge of his duties as a police captain. Section 185.34, Florida Statutes (1961), provided that any impairment

City of Coral Gables v. Brasher

Court: District Court of Appeal of Florida | Date Filed: 1961-08-03

Citation: 132 So. 2d 442

Snippet: here. The court upheld the validity of section 185.34, Fla.Stat., F.S.A.,2 but remanded the cause with

City of Coral Gables v. Brasher

Court: Supreme Court of Florida | Date Filed: 1960-01-27

Citation: 120 So. 2d 5

Snippet: statute, Chapter 57-340, Laws of 1957, F.S.A. § 185.34; (2) that if so entitled, the said statute was

State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad

Court: Supreme Court of Florida | Date Filed: 1919-04-08

Citation: 77 Fla. 366

Snippet: Ry. Co. v. United States, 234 U. S. 167, text 185, 34 Sup. Ct. Rep. 867; Louisville & N. R. Co. v. United

State ex rel. Railroad Commissioners v. Florida East Coast Railway Co.

Court: Supreme Court of Florida | Date Filed: 1916-04-05

Citation: 71 Fla. 433

Snippet: Ry. Co. v. United States, 234 U. S. 167, text 185, 34 Sup. Ct. Rep. 867; Louisville & N. R. Co. v. United