For purposes of this rule chapter, the following words or
terms found in this rule chapter or in section
112.191, F.S., have the
following definitions.
(1)
"Department" means the Department of Financial Services.
(2) "Division" means the Division of State
Fire Marshal.
(3) "Engaged in the
performance of his or her firefighter duties" means that the firefighter is or
was in the process of, or in the act of:
(a)
Engaging in any activity which is within the firefighter's job or position
description or scope of employment, regardless of whether the firefighter was
actually "on duty" at his or her place of employment or not; or
(b) Responding to any emergency or reasonably
believing that he or she is responding to an emergency; or
(c) Fighting a fire or engaging in any
emergency life or property saving activity; or
(d) Returning from responding to any
emergency or from having reasonably believed that he or she was responding to
an emergency.
(4) "In the
line of duty" means engaged in the performance of his or her firefighter
duties, as defined in this section.
(5) "Which has been determined to have been
caused by an act of arson" means that the Division of State Fire Marshal or any
other investigating agency having jurisdiction to investigate fires and arson
such as the local law enforcement authority or the local fire department has
made a determination that the fire was caused by an act of arson, as
contemplated by Section
806.01, F.S. It is not necessary
to prove beyond a reasonable doubt in a court of law that an act of arson was
committed, or was committed by a specific person.
Nothing in this rule chapter is intended to, or does, limit
any portion of section
112.191, F.S., in any manner
with respect to benefits payable under any other standard set forth
therein.
