House Bill 2293

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 2293

        By Representative Villalobos






  1                      A bill to be entitled

  2         An act relating to educational benefits for

  3         children of slain law enforcement officers;

  4         amending s. 112.19, F.S.; providing for

  5         graduate or postbaccalaureate professional

  6         educational expenses to be waived for children

  7         of officers killed in the line of duty;

  8         providing for the waiver to apply to a child

  9         who attends a state institution as a full-time

10         or part-time student; providing an effective

11         date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 112.19, Florida Statutes, is

16  amended to read:

17         112.19  Law enforcement, correctional, and correctional

18  probation officers; death benefits.--

19         (1)  Whenever used in this section, the term:

20         (a)  "Employer" means a state board, commission,

21  department, division, bureau, or agency, or a county,

22  municipality, or other political subdivision of the state,

23  which employs, appoints, or otherwise engages the services of

24  law enforcement, correctional, or correctional probation

25  officers.

26         (b)  "Law enforcement, correctional, or correctional

27  probation officer" means any officer as defined in s.

28  943.10(14) or employee of the state or any political

29  subdivision of the state, including any law enforcement

30  officer, correctional officer, correctional probation officer,

31  state attorney investigator, or public defender investigator,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  whose duties require such officer or employee to investigate,

  2  pursue, apprehend, arrest, transport, or maintain custody of

  3  persons who are charged with, suspected of committing, or

  4  convicted of a crime; and the term includes any member of a

  5  bomb disposal unit whose primary responsibility is the

  6  location, handling, and disposal of explosive devices.  The

  7  term also includes any full-time officer or employee of the

  8  state or any political subdivision of the state, certified

  9  pursuant to chapter 943, whose duties require such officer to

10  serve process or to attend terms of circuit or county court as

11  bailiff.

12         (c)  "Insurance" means insurance procured from a stock

13  company or mutual company or association or exchange

14  authorized to do business as an insurer in this state.

15         (d)  "Fresh pursuit" means the pursuit of a person who

16  has committed or is reasonably suspected of having committed a

17  felony, misdemeanor, traffic infraction, or violation of a

18  county or municipal ordinance.  The term does not imply

19  instant pursuit, but pursuit without unreasonable delay.

20         (2)(a)  The sum of $25,000 shall be paid as provided in

21  this section when a law enforcement, correctional, or

22  correctional probation officer, while engaged in the

23  performance of the officer's law enforcement duties, is

24  accidentally killed or receives accidental bodily injury which

25  results in the loss of the officer's life, provided that such

26  killing is not the result of suicide and that such bodily

27  injury is not intentionally self-inflicted.

28         (b)  The sum of $25,000 shall be paid as provided in

29  this section if a law enforcement, correctional, or

30  correctional probation officer is accidentally killed as

31  specified in paragraph (a) and the accidental death occurs as

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  a result of the officer's response to fresh pursuit or to the

  2  officer's response to what is reasonably believed to be an

  3  emergency.  This sum is in addition to any sum provided for in

  4  paragraph (a).

  5         (c)  If a law enforcement, correctional, or

  6  correctional probation officer, while engaged in the

  7  performance of the officer's law enforcement duties, is

  8  unlawfully and intentionally killed or dies as a result of

  9  such unlawful and intentional act, the sum of $75,000 shall be

10  paid as provided in this section.

11         (d)  Such payments, pursuant to the provisions of

12  paragraphs (a), (b), and (c), whether secured by insurance or

13  not, shall be made to the beneficiary designated by such law

14  enforcement, correctional, or correctional probation officer

15  in writing, signed by the officer and delivered to the

16  employer during the officer's lifetime.  If no such

17  designation is made, then it shall be paid to the officer's

18  surviving child or children and spouse in equal portions, and

19  if there is no surviving child or spouse, then to the

20  officer's parent or parents.  If a beneficiary is not

21  designated and there is no surviving child, spouse, or parent,

22  then it shall be paid to the officer's estate.

23         (e)  Such payments, pursuant to the provisions of

24  paragraphs (a), (b), and (c), are in addition to any workers'

25  compensation or pension benefits and are exempt from the

26  claims and demands of creditors of such law enforcement,

27  correctional, or correctional probation officer.

28         (f)  If a full-time law enforcement, correctional, or

29  correctional probation officer who is employed by a state

30  agency is killed in the line of duty as a result of an act of

31  violence inflicted by another person while the officer is

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  engaged in the performance of law enforcement duties or as a

  2  result of an assault against the officer under riot

  3  conditions, the sum of $1,000 shall be paid, as provided for

  4  in paragraph (d), toward the funeral and burial expenses of

  5  such officer.  Such benefits are in addition to any other

  6  benefits which employee beneficiaries and dependents are

  7  entitled to under the provisions of the Workers' Compensation

  8  Law or any other state or federal statutes.

  9         (g)  Any political subdivision of the state that

10  employs a full-time law enforcement officer as defined in s.

11  943.10(1) or a full-time correctional officer as defined in s.

12  943.10(2) who is killed in the line of duty on or after July

13  1, 1993, as a result of an act of violence inflicted by

14  another person while the officer is engaged in the performance

15  of law enforcement duties or as a result of an assault against

16  the officer under riot conditions shall pay the entire premium

17  of the political subdivision's health insurance plan for the

18  employee's surviving spouse until remarried, and for each

19  dependent child of the employee until the child reaches the

20  age of majority or until the end of the calendar year in which

21  the child reaches the age of 25 if:

22         1.  At the time of the employee's death, the child is

23  dependent upon the employee for support; and

24         2.  The surviving child continues to be dependent for

25  support, or the surviving child is a full-time or part-time

26  student and is dependent for support.

27         (h)1.  Any employer who employs a full-time law

28  enforcement, correctional, or correctional probation officer

29  who, on or after January 1, 1995, suffers a catastrophic

30  injury, as defined in s. 440.02(37), in the line of duty shall

31  pay the entire premium of the employer's health insurance plan

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  for the injured employee, the injured employee's spouse, and

  2  for each dependent child of the injured employee until the

  3  child reaches the age of majority or until the end of the

  4  calendar year in which the child reaches the age of 25 if the

  5  child continues to be dependent for support, or the child is a

  6  full-time or part-time student and is dependent for support.

  7  The term "health insurance plan" does not include supplemental

  8  benefits that are not part of the basic group health insurance

  9  plan.  If the injured employee subsequently dies, the employer

10  shall continue to pay the entire health insurance premium for

11  the surviving spouse until remarried, and for the dependent

12  children, under the conditions outlined in this paragraph.

13  However:

14         a.  Health insurance benefits payable from any other

15  source shall reduce benefits payable under this section.

16         b.  It is unlawful for a person to willfully and

17  knowingly make, or cause to be made, or to assist, conspire

18  with, or urge another to make, or cause to be made, any false,

19  fraudulent, or misleading oral or written statement to obtain

20  health insurance coverage as provided under this paragraph.  A

21  person who violates this sub-subparagraph commits a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         c.  In addition to any applicable criminal penalty,

25  upon conviction for a violation as described in

26  sub-subparagraph b., a law enforcement, correctional, or

27  correctional probation officer or other beneficiary who

28  receives or seeks to receive health insurance benefits under

29  this paragraph shall forfeit the right to receive such health

30  insurance benefits, and shall reimburse the employer for all

31  benefits paid due to the fraud or other prohibited activity.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  For purposes of this sub-subparagraph, "conviction" means a

  2  determination of guilt that is the result of a plea or trial,

  3  regardless of whether adjudication is withheld.

  4         2.  In order for the officer, spouse, and dependent

  5  children to be eligible for such insurance coverage, the

  6  injury must have occurred as the result of the officer's

  7  response to fresh pursuit, the officer's response to what is

  8  reasonably believed to be an emergency, or an unlawful act

  9  perpetrated by another.  Except as otherwise provided herein,

10  nothing in this paragraph shall be construed to limit health

11  insurance coverage for which the officer, spouse, or dependent

12  children may otherwise be eligible, except that a person who

13  qualifies under this section shall not be eligible for the

14  health insurance subsidy provided under chapter 121, chapter

15  175, or chapter 185.

16         (i)  The Bureau of Crime Prevention and Training within

17  the Department of Legal Affairs shall adopt rules necessary to

18  implement paragraphs (a), (b), and (c).

19         (3)  If a law enforcement, correctional, or

20  correctional probation officer is accidentally killed as

21  specified in paragraph (2)(b) on or after June 22, 1990, or

22  unlawfully and intentionally killed as specified in paragraph

23  (2)(c) on or after July 1, 1980, the state shall waive certain

24  educational expenses which children of the deceased officer

25  incur while obtaining a vocational-technical certificate, or

26  an undergraduate education, or a graduate or postbaccalaureate

27  professional degree. The amount waived by the state shall be

28  an amount equal to the cost of tuition and matriculation and

29  registration fees for a total of 120 credit hours for a

30  vocational-technical certificate or an undergraduate

31  education. For a child pursuing a graduate or

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  postbaccalaureate professional degree, the amount waived shall

  2  equal the cost of tuition, matriculation, and registration

  3  fees incurred while the child continues to fulfill the

  4  professional requirements associated with the graduate or

  5  postbaccalaureate professional degree program. The child may

  6  attend a state vocational-technical school, a state community

  7  college, or a state university.  The child may attend any or

  8  all of the institutions specified in this subsection, on

  9  either a full-time or part-time basis.  For a child pursuing a

10  vocational-technical certificate or an undergraduate

11  education, the benefits provided under this subsection shall

12  continue to the child until the child's 25th birthday.

13         (a)  Upon failure of any child benefited by the

14  provisions of this section to comply with the ordinary and

15  minimum requirements of the institution attended, both as to

16  discipline and scholarship, the benefits shall be withdrawn as

17  to the child and no further moneys may be expended for the

18  child's benefits so long as such failure or delinquency

19  continues.

20         (b)  Only a student in good standing in his or her

21  respective institution may receive the benefits thereof.

22         (c)  A child receiving benefits under this section must

23  be enrolled according to the customary rules and requirements

24  of the institution attended.

25         (4)(a)  The employer of such law enforcement,

26  correctional, or correctional probation officer is liable for

27  the payment of the sums specified in this section and is

28  deemed self-insured, unless it procures and maintains, or has

29  already procured and maintained, insurance to secure such

30  payments. Any such insurance may cover only the risks

31  indicated in this section, in the amounts indicated in this

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1  section, or it may cover those risks and additional risks and

  2  may be in larger amounts.  Any such insurance shall be placed

  3  by such employer only after public bid of such insurance

  4  coverage which coverage shall be awarded to the carrier making

  5  the lowest best bid.

  6         (b)  Payment of benefits to beneficiaries of state

  7  employees, or of the premiums to cover the risk, under the

  8  provisions of this section shall be paid from existing funds

  9  otherwise appropriated to the department employing the law

10  enforcement, correctional, or correctional probation officers.

11         (5)  The Department of Education shall adopt rules and

12  procedures as are necessary to implement the educational

13  benefits provisions of this section.

14         (6)  Notwithstanding any provision of this section to

15  the contrary, the death benefits provided in paragraphs (2)(c)

16  and (g) shall also be applicable and paid in cases where an

17  officer received bodily injury prior to July 1, 1993, and

18  subsequently died on or after July 1, 1993, as a result of

19  such in-line-of-duty injury attributable to an unlawful and

20  intentional act, or an act of violence inflicted by another,

21  or an assault on the officer under riot conditions.  Payment

22  of such benefits shall be in accordance with provisions of

23  this section.  Nothing in this provision shall be construed to

24  limit death benefits for which those individuals listed in

25  paragraph (2)(d) may otherwise be eligible.

26         Section 2.  This act shall take effect July 1, 2000.

27

28

29

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2293

    509-180-00






  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides for graduate-level fees and tuition to be waived
      for children of law enforcement officers who are killed
  4    in the line of duty. Provides for the waiver to apply to
      expenses incurred at a state institution for as long as
  5    the child continues to fulfill the professional
      requirements associated with the graduate or
  6    postbaccalaureate professional degree program.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  9