HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Goodlette offered the following:
13
14	Amendment (with title amendment)
15	Between line(s) 5607 & 5608, insert:
16	Section 46. Paragraph (h) of subsection (2) of section
17	112.19, Florida Statutes, is amended to read:
18	112.19 Law enforcement, correctional, and correctional
19	probation officers; death benefits.--
20	(2)
21	(h)1. Any employer who employs a full-time law
22	enforcement, correctional, or correctional probation officer
23	who, on or after January 1, 1995, suffers a catastrophic injury,
24	as defined in s. 440.02, Florida Statutes 2002,in the line of
25	duty shall pay the entire premium of the employer's health
26	insurance plan for the injured employee, the injured employee's
27	spouse, and for each dependent child of the injured employee
28	until the child reaches the age of majority or until the end of
29	the calendar year in which the child reaches the age of 25 if
30	the child continues to be dependent for support, or the child is
31	a full-time or part-time student and is dependent for support.
32	The term "health insurance plan" does not include supplemental
33	benefits that are not part of the basic group health insurance
34	plan. If the injured employee subsequently dies, the employer
35	shall continue to pay the entire health insurance premium for
36	the surviving spouse until remarried, and for the dependent
37	children, under the conditions outlined in this paragraph.
38	However:
39	a. Health insurance benefits payable from any other source
40	shall reduce benefits payable under this section.
41	b. It is unlawful for a person to willfully and knowingly
42	make, or cause to be made, or to assist, conspire with, or urge
43	another to make, or cause to be made, any false, fraudulent, or
44	misleading oral or written statement to obtain health insurance
45	coverage as provided under this paragraph. A person who violates
46	this sub-subparagraph commits a misdemeanor of the first degree,
47	punishable as provided in s. 775.082 or s. 775.083.
48	c. In addition to any applicable criminal penalty, upon
49	conviction for a violation as described in sub-subparagraph b.,
50	a law enforcement, correctional, or correctional probation
51	officer or other beneficiary who receives or seeks to receive
52	health insurance benefits under this paragraph shall forfeit the
53	right to receive such health insurance benefits, and shall
54	reimburse the employer for all benefits paid due to the fraud or
55	other prohibited activity. For purposes of this sub-
56	subparagraph, "conviction" means a determination of guilt that
57	is the result of a plea or trial, regardless of whether
58	adjudication is withheld.
59	2. In order for the officer, spouse, and dependent
60	children to be eligible for such insurance coverage, the injury
61	must have occurred as the result of the officer's response to
62	fresh pursuit, the officer's response to what is reasonably
63	believed to be an emergency, or an unlawful act perpetrated by
64	another. Except as otherwise provided herein, nothing in this
65	paragraph shall be construed to limit health insurance coverage
66	for which the officer, spouse, or dependent children may
67	otherwise be eligible, except that a person who qualifies under
68	this section shall not be eligible for the health insurance
69	subsidy provided under chapter 121, chapter 175, or chapter 185.
70	Section 47. Paragraph (g) of subsection (2) of section
71	112.191, Florida Statutes, is amended to read:
72	112.191 Firefighters; death benefits.--
73	(2)
74	(g)1. Any employer who employs a full-time firefighter
75	who, on or after January 1, 1995, suffers a catastrophic injury,
76	as defined in s. 440.02, Florida Statutes 2002,in the line of
77	duty shall pay the entire premium of the employer's health
78	insurance plan for the injured employee, the injured employee's
79	spouse, and for each dependent child of the injured employee
80	until the child reaches the age of majority or until the end of
81	the calendar year in which the child reaches the age of 25 if
82	the child continues to be dependent for support, or the child is
83	a full-time or part-time student and is dependent for support.
84	The term "health insurance plan" does not include supplemental
85	benefits that are not part of the basic group health insurance
86	plan. If the injured employee subsequently dies, the employer
87	shall continue to pay the entire health insurance premium for
88	the surviving spouse until remarried, and for the dependent
89	children, under the conditions outlined in this paragraph.
90	However:
91	a. Health insurance benefits payable from any other source
92	shall reduce benefits payable under this section.
93	b. It is unlawful for a person to willfully and knowingly
94	make, or cause to be made, or to assist, conspire with, or urge
95	another to make, or cause to be made, any false, fraudulent, or
96	misleading oral or written statement to obtain health insurance
97	coverage as provided under this paragraph. A person who violates
98	this sub-subparagraph commits a misdemeanor of the first degree,
99	punishable as provided in s. 775.082 or s. 775.083.
100	c. In addition to any applicable criminal penalty, upon
101	conviction for a violation as described in sub-subparagraph b.,
102	a firefighter or other beneficiary who receives or seeks to
103	receive health insurance benefits under this paragraph shall
104	forfeit the right to receive such health insurance benefits, and
105	shall reimburse the employer for all benefits paid due to the
106	fraud or other prohibited activity. For purposes of this sub-
107	subparagraph, "conviction" means a determination of guilt that
108	is the result of a plea or trial, regardless of whether
109	adjudication is withheld.
110	2. In order for the firefighter, spouse, and dependent
111	children to be eligible for such insurance coverage, the injury
112	must have occurred as the result of the firefighter's response
113	to what is reasonably believed to be an emergency involving the
114	protection of life or property, or an unlawful act perpetrated
115	by another. Except as otherwise provided herein, nothing in this
116	paragraph shall be construed to limit health insurance coverage
117	for which the firefighter, spouse, or dependent children may
118	otherwise be eligible, except that a person who qualifies for
119	benefits under this section shall not be eligible for the health
120	insurance subsidy provided under chapter 121, chapter 175, or
121	chapter 185.
122
123
124	================= T I T L E A M E N D M E N T =================
125	Remove line(s) 120, and insert:
126	improvement or permanent impairment disputes; amending ss.
127	112.19 and 112.191, F.S., to conform references to changes made
128	by the act; providing