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Florida Statute 185.34 | Lawyer Caselaw & Research
F.S. 185.34 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 185.34

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 185
MUNICIPAL POLICE PENSIONS
View Entire Chapter
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.

F.S. 185.34 on Google Scholar

F.S. 185.34 on Casetext

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 from cite.case.law:

CITY OF JACKSONVILLE v. RATLIFF,, 217 So. 3d 183 (Fla. Dist. Ct. App. 2017)

. . . 438 (Fla. 1979), addressed for the first time the presumption of sections 112.18 (firefighters) and 185.34 . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . interpreting section 112.18(1), Florida Statutes (1975)); Brasher, 132 So.2d at 443 (interpreting section 185.34 . . . which examination fails to reveal any evidence of such condition. 132 So.2d at 443 n. 2 (quoting § 185.34 . . .

DABBS v. CITY OF TAMPA,, 50 Fla. Supp. 2d 82 (Fla. Cir. Ct. 1991)

. . . (Tr. of hearing, Pg- 42) In making this determination the Court has not overlooked section 185.34, Fla . . . is evident that the Petitioner is not entitled to the benefit of the presumption created by section 185.34 . . . Nor does the application of section 185.34, as amended, to Petitioner’s case violate the constitutional . . . Section 185.34, Fla. . . .

CITY OF MIAMI, a v. FRATERNAL ORDER OF POLICE, MIAMI LODGE HEALTH INSURANCE TRUST,, 559 So. 2d 627 (Fla. Dist. Ct. App. 1990)

. . . the instant declaratory judgment action against the City, asking the court to declare that Section 185.34 . . . In its answer, the City asserted that Section 185.34 (and its presumption that any condition or impairment . . . would have no reason for being included unless it was intended that the language of Section 185.34, . . . and, furthermore, the Trust urges us to apply the Section 185.34 presumption to Chapter 440 claims as . . . We find that the language of Section 185.34 is clear and can only have one meaning. . . .

BOARD OF TRUSTEES, TOWN OF PALM BEACH EMPLOYEES RETIREMENT SYSTEM, v. F. CONNOR,, 453 So. 2d 910 (Fla. Dist. Ct. App. 1984)

. . . the right of appellee, a municipal police officer, to the statutory presumption contained in section 185.34 . . .

E. PFEIFFER, v. STATE DEPARTMENT OF NATURAL RESOURCES, 436 So. 2d 350 (Fla. Dist. Ct. App. 1983)

. . . Pfeiffer also contends that, pursuant to Section 185.34, Florida Statutes (1979), he is entitled to a . . . Second, Section 185.34 expressly provides that it is not to be construed to extend to or otherwise affect . . .

F. CONNOR, v. TOWN OF PALM BEACH, 398 So. 2d 952 (Fla. Dist. Ct. App. 1981)

. . . The officer’s attorney argued that Section 185.34, Florida Statutes (1977) entitled his client to a presumption . . . Town attorney prepared a written legal opinion to the Board on July 14, 1977, which said that Section 185.34 . . .

E. CALDWELL, v. DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION,, 372 So. 2d 438 (Fla. 1979)

. . . Section 185.34, Florida Statutes (1961), provided that any impairment of health of police officers caused . . . contrary to Florida law and would also have the effect of negating the presumption granted by section 185.34 . . .

CITY OF CORAL GABLES, a v. P. BRASHER,, 132 So. 2d 442 (Fla. Dist. Ct. App. 1961)

. . . The court upheld the validity of section 185.34, Fla.Stat., F.S.A., but remanded the cause with directions . . . contrary to Florida law and would also have the effect of negating the presumption granted by section 185.34 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN COUNTY OF LEWIS AND CLARK, STATE OF MONTANA UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN COUNTY OF LEWIS AND CLARK, STATE OF MONTANA H., 189 F. Supp. 845 (D. Mont. 1960)

. . . UNITED STATES of America, Plaintiff, v. 185.34 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF LEWIS AND . . .

CITY OF CORAL GABLES, a v. P. BRASHER,, 120 So. 2d 5 (Fla. 1960)

. . . . § 185.34; (2) that if so entitled, the said statute was unconstitutional for the reason that it was . . . Appellant points out that § 185.34 of Chapter 185 provides, among other things, that the benefits of . . . Chapter 185, Brasher is not entitled to the presumption provided in Chapter 57-340, Laws of 1957, § 185.34 . . .

RODRIGUEZ, v. GERONTAS COMPANIA DE NAVEGACION, S. A. THE SS GERONTAS,, 150 F. Supp. 715 (S.D.N.Y. 1957)

. . . Crediting Rodriguez with only three hours’ work on Sunday reduces his claim for the first period to $185.34 . . .

FOSTER v. UNITED STATES, 85 F. Supp. 447 (S.D. Tex. 1949)

. . . .-16 with interest from October 10, 1947 for J 943; and $185.34 with interest from March 15, 1945, and . . .

SHEPARD v. NORTHERN PAC. RY. CO. KENNEDY v. GREAT NORTHERN RY. CO. JAMES v. SAME SHILLABER v. MINNEAPOLIS ST. L. R. CO., 184 F. 765 (C.C.D. Minn. 1911)

. . . of merchandise covered thereby, would have been $952,644.83, or a total loss on freight of $1,151,-185.34 . . .