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. (1) “Department” means the Department of Financial Services.
2. (2) “Division” means the Division of State Fire Marshal.

3. (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:

   1. (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
   2. (b) Responding to any emergency or reasonably believing that he or she is responding to an emergency; or
   3. (c) Fighting a fire or engaging in any emergency life or property saving activity; or
   4. (d) Returning from responding to any emergency or from having reasonably believed that he or she was responding to an emergency.
4. (4) “In the line of duty” means engaged in the performance of his or her firefighter duties, as defined in this section.

5. (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.

Rulemaking Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.002.