Florida Florida Statutes

§ 175.191 — Disability retirement

FS § 175.191Ch. 175

Statute text

For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:(1) A firefighter having 10 or more years of credited service or a firefighter who becomes totally and permanently disabled in the line of duty, regardless of length of service, may retire from the service of the municipality or special fire control district under the plan if the firefighter becomes totally and permanently disabled as defined in subsection (2) by reason of any cause other than a cause set out in subsection (3) on or after the effective date of the plan. Such retirement shall herein be referred to as “disability retirement.”

(2)A firefighter will be considered totally disabled if, in the opinion of the board of trustees, he or she is wholly prevented from rendering useful and efficient service as a firefighter; and a firefighter will be considered permanently disabled if, in the opinion of the board of trustees, he or she is likely to remain so disabled continuously and permanently from a cause other than is specified in subsection (3).

(3)A firefighter will not be entitled to receive any disability retirement income if the disability is a result of:(a) Excessive and habitual use by the firefighter of drugs, intoxicants, or narcotics;

(b)Injury or disease sustained by the firefighter while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime;

(c)Injury or disease sustained by the firefighter while serving in any armed forces; or

(d)Injury or disease sustained by the firefighter after his or her employment has terminated.

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Legislative history

s. 1, ch. 63-249; s. 3, ch. 65-58; s. 2, ch. 70-129; s. 12, ch. 81-168; s. 13, ch. 86-41; s. 27, ch. 93-193; s. 925, ch. 95-147; s. 19, ch.