Senate Bill sb1208

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    Florida Senate - 2002                                  SB 1208

    By Senator Geller





    29-439B-02

  1                      A bill to be entitled

  2         An act prescribing death benefits for

  3         dependents and beneficiaries of a law

  4         enforcement, correctional, or correctional

  5         probation officer or firefighter; amending ss.

  6         112.19, 112.191, F.S.; increasing specified

  7         death benefits; providing for periodic

  8         adjustments to the amount of such benefits;

  9         providing for the state to waive specified

10         educational expenses for spouses and children

11         at certain public educational institutions

12         under specified circumstances; declaring that

13         the act fulfills an important state interest;

14         providing an effective date.

15

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

17

18         Section 1.  Section 112.19, Florida Statutes, is

19  amended to read:

20         112.19  Law enforcement, correctional, and correctional

21  probation officers; death benefits.--

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

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

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

25  municipality, or other political subdivision of the state,

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

27  law enforcement, correctional, or correctional probation

28  officers.

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

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

31  943.10(14) or employee of the state or any political

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  1  subdivision of the state, including any law enforcement

  2  officer, correctional officer, correctional probation officer,

  3  state attorney investigator, or public defender investigator,

  4  whose duties require such officer or employee to investigate,

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

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

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

  8  bomb disposal unit whose primary responsibility is the

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

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

11  state or any political subdivision of the state, certified

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

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

14  bailiff.

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

16  company or mutual company or association or exchange

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

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

19  has committed or is reasonably suspected of having committed a

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

21  county or municipal ordinance.  The term does not imply

22  instant pursuit, but pursuit without unreasonable delay.

23         (2)(a)  The sum of $36,000, as adjusted pursuant to

24  paragraph (j), $25,000 shall be paid as provided in this

25  section when a law enforcement, correctional, or correctional

26  probation officer, while engaged in the performance of the

27  officer's law enforcement duties, is accidentally killed or

28  receives accidental bodily injury which results in the loss of

29  the officer's life, provided that such killing is not the

30  result of suicide and that such bodily injury is not

31  intentionally self-inflicted.

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  1         (b)  The sum of $36,000, as adjusted pursuant to

  2  paragraph (j), $25,000 shall be paid as provided in this

  3  section if a law enforcement, correctional, or correctional

  4  probation officer is accidentally killed as specified in

  5  paragraph (a) and the accidental death occurs as a result of

  6  the officer's response to fresh pursuit or to the officer's

  7  response to what is reasonably believed to be an emergency.

  8  This sum is in addition to any sum provided for in paragraph

  9  (a).

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

11  correctional probation officer, while engaged in the

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

13  unlawfully and intentionally killed or dies as a result of

14  such unlawful and intentional act, the sum of $107,000, as

15  adjusted pursuant to paragraph (j), $75,000 shall be paid as

16  provided in this section.

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

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

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

20  enforcement, correctional, or correctional probation officer

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

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

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

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

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

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

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

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

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

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

31  compensation or pension benefits and are exempt from the

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  1  claims and demands of creditors of such law enforcement,

  2  correctional, or correctional probation officer.

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

  4  correctional probation officer who is employed by a state

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

  6  violence inflicted by another person while the officer is

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

  8  result of an assault against the officer under riot

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

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

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

12  benefits which employee beneficiaries and dependents are

13  entitled to under the provisions of the Workers' Compensation

14  Law or any other state or federal statutes.

15         (g)  Any political subdivision of the state that

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

17  943.10(1) or a full-time correctional officer as defined in s.

18  943.10(2) who is killed in the line of duty on or after July

19  1, 1993, as a result of an act of violence inflicted by

20  another person while the officer is engaged in the performance

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

22  the officer under riot conditions shall pay the entire premium

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

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

25  dependent child of the employee until the child reaches the

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

27  the child reaches the age of 25 if:

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

29  dependent upon the employee for support; and

30

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  1         2.  The surviving child continues to be dependent for

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

  3  student and is dependent for support.

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

  5  enforcement, correctional, or correctional probation officer

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

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

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

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

10  for each dependent child of the injured employee until the

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

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

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

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

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

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

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

18  shall continue to pay the entire health insurance premium for

19  the surviving spouse until remarried, and for the dependent

20  children, under the conditions outlined in this paragraph.

21  However:

22         a.  Health insurance benefits payable from any other

23  source shall reduce benefits payable under this section.

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

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

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

27  fraudulent, or misleading oral or written statement to obtain

28  health insurance coverage as provided under this paragraph.  A

29  person who violates this sub-subparagraph commits a

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

31  775.082 or s. 775.083.

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  1         c.  In addition to any applicable criminal penalty,

  2  upon conviction for a violation as described in

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

  4  correctional probation officer or other beneficiary who

  5  receives or seeks to receive health insurance benefits under

  6  this paragraph shall forfeit the right to receive such health

  7  insurance benefits, and shall reimburse the employer for all

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

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

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

11  regardless of whether adjudication is withheld.

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

13  children to be eligible for such insurance coverage, the

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

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

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

17  perpetrated by another.  Except as otherwise provided herein,

18  nothing in this paragraph shall be construed to limit health

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

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

21  qualifies under this section shall not be eligible for the

22  health insurance subsidy provided under chapter 121, chapter

23  175, or chapter 185.

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

25  the Department of Legal Affairs shall adopt rules necessary to

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

27         (j)  Beginning July 1, 2003, the Bureau of Crime

28  Prevention and Training shall by rule adjust, on July 1 of

29  each year, the amount payable under paragraphs (a), (b), and

30  (c) by the percentage by which the Consumer Price Index, as

31

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  1  reported by the United States Department of Labor, Bureau of

  2  Labor Statistics, increased since July 1, 2002.

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

  4  correctional probation officer is accidentally killed as

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

  6  unlawfully and intentionally killed as specified in paragraph

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

  8  educational expenses that the child or spouse which children

  9  of the deceased officer incurs incur while obtaining a

10  vocational-technical certificate, or an undergraduate

11  education, or a postgraduate education. The amount waived by

12  the state shall be an amount equal to the cost of tuition and

13  matriculation and registration fees for a total of 120 credit

14  hours. The child or spouse may attend a state

15  vocational-technical school, a state community college, or a

16  state university.  The child or spouse may attend any or all

17  of the institutions specified in this subsection, on either a

18  full-time or part-time basis. The benefits provided to a child

19  under this subsection shall continue to the child until the

20  child's 25th birthday. The benefits provided to a spouse under

21  this subsection must commence within 5 years after the death

22  occurs, and entitlement thereto shall continue until the 10th

23  anniversary of that death.

24         (a)  Upon failure of any child or spouse benefited by

25  the provisions of this subsection section to comply with the

26  ordinary and minimum requirements of the institution attended,

27  both as to discipline and scholarship, the benefits shall be

28  withdrawn as to the child or spouse and no further moneys may

29  be expended for the child's or spouse's benefits so long as

30  such failure or delinquency continues.

31

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

  2  respective institution may receive the benefits thereof.

  3         (c)  A child or spouse receiving benefits under this

  4  subsection section must be enrolled according to the customary

  5  rules and requirements of the institution attended.

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

  7  correctional, or correctional probation officer is liable for

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

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

10  already procured and maintained, insurance to secure such

11  payments. Any such insurance may cover only the risks

12  indicated in this section, in the amounts indicated in this

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

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

15  by such employer only after public bid of such insurance

16  coverage which coverage shall be awarded to the carrier making

17  the lowest best bid.

18         (b)  Payment of benefits to beneficiaries of state

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

20  provisions of this section shall be paid from existing funds

21  otherwise appropriated to the department employing the law

22  enforcement, correctional, or correctional probation officers.

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

24  procedures as are necessary to implement the educational

25  benefits provisions of this section.

26         (6)  Notwithstanding any provision of this section to

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

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

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

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

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

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

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

  3  of such benefits shall be in accordance with provisions of

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

  5  limit death benefits for which those individuals listed in

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

  7         Section 2.  Section 112.191, Florida Statutes, is

  8  amended to read:

  9         112.191  Firefighters; death benefits.--

10         (1)  Whenever used in this act:

11         (a)  The term "employer" means a state board,

12  commission, department, division, bureau or agency, or a

13  county, municipality, or other political subdivision of the

14  state.

15         (b)  The term "firefighter" means any full-time duly

16  employed uniformed firefighter employed by an employer, whose

17  primary duty is the prevention and extinguishing of fires, the

18  protection of life and property therefrom, the enforcement of

19  municipal, county, and state fire prevention codes, as well as

20  the enforcement of any law pertaining to the prevention and

21  control of fires, who is certified pursuant to s. 633.35, and

22  who is a member of a duly constituted fire department of such

23  employer or who is a volunteer firefighter.

24         (c)  The term "insurance" means insurance procured from

25  a stock company or mutual company or association or exchange

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

27         (2)(a)  The sum of $36,000, as adjusted pursuant to

28  paragraph (i), $25,000 shall be paid as hereinafter provided

29  in this section when a firefighter, while engaged in the

30  performance of his or her firefighter duties, is accidentally

31  killed or receives accidental bodily injury which subsequently

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  1  results in the loss of the firefighter's life, provided that

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

  3  injury is not intentionally self-inflicted.

  4         (b)  The sum of $36,000, as adjusted pursuant to

  5  paragraph (i), $25,000 shall be paid as hereinafter provided

  6  in this section if a firefighter is accidentally killed as

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

  8  a result of the firefighter's response to what is reasonably

  9  believed to be an emergency involving the protection of life

10  or property.  This sum shall be in addition to any sum

11  provided for in paragraph (a).

12         (c)  If a firefighter, while engaged in the performance

13  of his or her firefighter duties, is unlawfully and

14  intentionally killed, dies as a result of a fire which has

15  been determined to have been caused by an act of arson, or

16  subsequently dies as a result of injuries sustained therefrom,

17  the sum of $107,000, as adjusted pursuant to paragraph (i),

18  $75,000 shall be paid as hereinafter provided in this section.

19         (d)  Such payments, pursuant to paragraphs (a), (b),

20  and (c), whether secured by insurance or not, shall be made to

21  the beneficiary designated by such firefighter in writing,

22  signed by the firefighter and delivered to the employer during

23  the firefighter's lifetime.  If no such designation is made,

24  then it shall be paid to the firefighter's surviving child or

25  children and spouse in equal portions, and if there be no

26  surviving child or spouse, then to the firefighter's parent or

27  parents.  If a beneficiary designation is not made and there

28  is no surviving child, spouse, or parent, then it shall be

29  paid to the firefighter's estate.

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

31  paragraphs (a), (b), and (c), shall be in addition to any

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  1  workers' compensation or pension benefits and shall be exempt

  2  from the claims and demands of creditors of such firefighter.

  3         (f)  Any political subdivision of the state that

  4  employs a full-time firefighter who is killed in the line of

  5  duty on or after July 1, 1993, as a result of an act of

  6  violence inflicted by another person while the firefighter is

  7  engaged in the performance of firefighter duties, as a result

  8  of a fire which has been determined to have been caused by an

  9  act of arson, or as a result of an assault against the

10  firefighter under riot conditions shall pay the entire premium

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

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

13  dependent child of the employee until the child reaches the

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

15  the child reaches the age of 25 if:

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

17  dependent upon the employee for support; and

18         2.  The surviving child continues to be dependent for

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

20  student and is dependent for support.

21         (g)1.  Any employer who employs a full-time firefighter

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

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

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

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

26  for each dependent child of the injured employee until the

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

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

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

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

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

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

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

  3  shall continue to pay the entire health insurance premium for

  4  the surviving spouse until remarried, and for the dependent

  5  children, under the conditions outlined in this paragraph.

  6  However:

  7         a.  Health insurance benefits payable from any other

  8  source shall reduce benefits payable under this section.

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

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

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

12  fraudulent, or misleading oral or written statement to obtain

13  health insurance coverage as provided under this paragraph.  A

14  person who violates this sub-subparagraph commits a

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

16  775.082 or s. 775.083.

17         c.  In addition to any applicable criminal penalty,

18  upon conviction for a violation as described in

19  sub-subparagraph b., a firefighter or other beneficiary who

20  receives or seeks to receive health insurance benefits under

21  this paragraph shall forfeit the right to receive such health

22  insurance benefits, and shall reimburse the employer for all

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

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

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

26  regardless of whether adjudication is withheld.

27         2.  In order for the firefighter, spouse, and dependent

28  children to be eligible for such insurance coverage, the

29  injury must have occurred as the result of the firefighter's

30  response to what is reasonably believed to be an emergency

31  involving the protection of life or property, or an unlawful

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  1  act perpetrated by another.  Except as otherwise provided

  2  herein, nothing in this paragraph shall be construed to limit

  3  health insurance coverage for which the firefighter, spouse,

  4  or dependent children may otherwise be eligible, except that a

  5  person who qualifies for benefits under this section shall not

  6  be eligible for the health insurance subsidy provided under

  7  chapter 121, chapter 175, or chapter 185.

  8

  9  Notwithstanding any provision of this section to the contrary,

10  the death benefits provided in paragraphs (b), (c), and (f)

11  shall also be applicable and paid in cases where a firefighter

12  received bodily injury prior to July 1, 1993, and subsequently

13  died on or after July 1, 1993, as a result of such

14  in-line-of-duty injury.

15         (h)  The Division of the State Fire Marshal within the

16  Department of Insurance shall adopt is directed to promulgate

17  rules as are necessary to implement the provisions of this

18  section.

19         (i)  Beginning July 1, 2003, the Division of the State

20  Fire Marshal shall by rule adjust, on July 1 of each year, the

21  amount payable under paragraphs (a), (b), and (c) by the

22  percentage by which the Consumer Price Index, as reported by

23  the United States Department of Labor, Bureau of Labor

24  Statistics, increased since July 1, 2002.

25         (3)  If a firefighter is accidentally killed as

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

27  unlawfully and intentionally killed as specified in paragraph

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

29  certain educational expenses that the child or spouse which

30  children of the deceased firefighter incurs incur while

31  obtaining a vocational-technical certificate, or an

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  1  undergraduate education, or a postgraduate education. The

  2  amount waived by the state shall be an amount equal to the

  3  cost of tuition and matriculation and registration fees for a

  4  total of 120 credit hours.  The child or spouse may attend a

  5  state vocational-technical school, a state community college,

  6  or a state university.  The child or spouse may attend any or

  7  all of the institutions specified in this subsection, on

  8  either a full-time or part-time basis. The benefits provided

  9  to a child under this subsection shall continue to such a

10  child until the child's 25th birthday. The benefits provided

11  to a spouse under this subsection must commence within 5 years

12  after the death occurs, and entitlement thereto shall continue

13  until the 10th anniversary of that death.

14         (a)  Upon failure of any child or spouse benefited by

15  the provisions of this subsection section to comply with the

16  ordinary and minimum requirements of the institution attended,

17  both as to discipline and scholarship, the benefits thereof

18  shall be withdrawn as to the child or spouse and no further

19  moneys expended for the child's or spouse's benefits so long

20  as such failure or delinquency continues.

21         (b)  Only students in good standing in their respective

22  institutions shall receive the benefits thereof.

23         (c)  A child or spouse All children receiving benefits

24  under this subsection must section shall be enrolled according

25  to the customary rules and requirements of the institution

26  attended.

27         (4)(a)  The employer of such firefighter shall be

28  liable for the payment of said sums specified in this section

29  and shall be deemed self-insured, unless it procures and

30  maintains, or has already procured and maintained, insurance

31  to secure such payments. Any such insurance may cover only the

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  1  risks indicated in this section, in the amounts indicated in

  2  this section, or it may cover those risks and additional risks

  3  and may be in larger amounts.  Any such insurance shall be

  4  placed by such employer only after public bid of such

  5  insurance coverage which coverage shall be awarded to the

  6  carrier making the lowest best bid.

  7         (b)  Payment of benefits to beneficiaries of state

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

  9  provisions of this section, shall be paid from existing funds

10  otherwise appropriated for the department.

11         (5)  The Department of Education is directed to

12  promulgate rules and procedures as are necessary to implement

13  the educational benefits provisions of this section.

14         Section 3.  This act fulfills an important state

15  interest.

16         Section 4.  This act shall take effect July 1, 2002.

17

18            *****************************************

19                          SENATE SUMMARY

20    Increases the amounts paid to beneficiaries of certain
      law enforcement, correctional, and correctional probation
21    officers and firefighters killed in the performance of
      their duties and provides for an annual adjustment in the
22    amount of the benefits that are payable. Provides for a
      tuition waiver from specified public educational
23    institutions for the children and spouse of certain law
      enforcement, correctional, and correctional probation
24    officers and firefighters who are killed in the
      performance of their duties. (See bill for details.)
25

26

27

28

29

30

31

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