HB 259

1	A bill to be entitled
2	An act relating to firefighter death benefits; amending s.
3	112.191, F.S.; revises provisions providing death benefits
4	for firefighters; expanding activities entitling
5	firefighters to death benefits to include participation in
6	training exercises; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Paragraphs (b), (c), (f), and (g) of subsection
11	(2) of section 112.191, Florida Statutes, are amended to read:
12	112.191  Firefighters; death benefits.--
13	(2)
14	(b)  The sum of $50,000, as adjusted pursuant to paragraph
15	(i), shall be paid as provided in this section if a firefighter
16	is accidentally killed as specified in paragraph (a) and the
17	accidental death occurs as a result of the firefighter's
18	response to what is reasonably believed to be an emergency
19	involving the protection of life or property or the
20	firefighter's participation in a training exercise. This sum
21	shall be in addition to any sum provided for in paragraph (a).
22	Notwithstanding any other provision of law, in no case shall the
23	amount payable under this subsection be less than the actual
24	amount stated therein.
25	(c)  If a firefighter, while engaged in the performance of
26	his or her firefighter duties, is unlawfully and intentionally
27	killed, is injured and dies as a result of such injury, dies as
28	a result of a fire which has been determined to have been caused
29	by an act of arson, or subsequently dies as a result of injuries
30	sustained therefrom, the sum of $150,000, as adjusted pursuant
31	to paragraph (i), shall be paid as provided in this section.
32	Notwithstanding any other provision of law, in no case shall the
33	amount payable under this subsection be less than the actual
34	amount stated therein.
35	(f)  Any political subdivision of the state that employs a
36	full-time firefighter who is killed in the line of duty on or
37	after July 1, 1993, as a result of an act of violence inflicted
38	by another person while the firefighter is engaged in the
39	performance of firefighter duties, as a result of a fire which
40	has been determined to have been caused by an act of arson, or
41	as a result of an assault against the firefighter under riot
42	conditions shall pay the entire premium of the political
43	subdivision's health insurance plan for the employee's surviving
44	spouse until remarried, and for each dependent child of the
45	employee until the child reaches the age of majority or until
46	the end of the calendar year in which the child reaches the age
47	of 25 if:
48	1.  At the time of the employee's death, the child is
49	dependent upon the employee for support; and
50	2.  The surviving child continues to be dependent for
51	support, or the surviving child is a full-time or part-time
52	student and is dependent for support.
53	(g)1.  Any employer who employs a full-time firefighter
54	who, on or after January 1, 1995, suffers a catastrophic injury,
55	as defined in s. 440.02, Florida Statutes 2002, in the line of
56	duty shall pay the entire premium of the employer's health
57	insurance plan for the injured employee, the injured employee's
58	spouse, and for each dependent child of the injured employee
59	until the child reaches the age of majority or until the end of
60	the calendar year in which the child reaches the age of 25 if
61	the child continues to be dependent for support, or the child is
62	a full-time or part-time student and is dependent for support.
63	The term "health insurance plan" does not include supplemental
64	benefits that are not part of the basic group health insurance
65	plan. If the injured employee subsequently dies, the employer
66	shall continue to pay the entire health insurance premium for
67	the surviving spouse until remarried, and for the dependent
68	children, under the conditions outlined in this paragraph.
69	However:
70	a.  Health insurance benefits payable from any other source
71	shall reduce benefits payable under this section.
72	b.  It is unlawful for a person to willfully and knowingly
73	make, or cause to be made, or to assist, conspire with, or urge
74	another to make, or cause to be made, any false, fraudulent, or
75	misleading oral or written statement to obtain health insurance
76	coverage as provided under this paragraph. A person who violates
77	this sub-subparagraph commits a misdemeanor of the first degree,
78	punishable as provided in s. 775.082 or s. 775.083.
79	c.  In addition to any applicable criminal penalty, upon
80	conviction for a violation as described in sub-subparagraph b.,
81	a firefighter or other beneficiary who receives or seeks to
82	receive health insurance benefits under this paragraph shall
83	forfeit the right to receive such health insurance benefits, and
84	shall reimburse the employer for all benefits paid due to the
85	fraud or other prohibited activity. For purposes of this sub-
86	subparagraph, "conviction" means a determination of guilt that
87	is the result of a plea or trial, regardless of whether
88	adjudication is withheld.
89	2.  In order for the firefighter, spouse, and dependent
90	children to be eligible for such insurance coverage, the injury
91	must have been work related occurred as the result of the
92	firefighter's response to what is reasonably believed to be an
93	emergency involving the protection of life or property, or an
94	unlawful act perpetrated by another. Except as otherwise
95	provided herein, nothing in this paragraph shall be construed to
96	limit health insurance coverage for which the firefighter,
97	spouse, or dependent children may otherwise be eligible, except
98	that a person who qualifies for benefits under this section
99	shall not be eligible for the health insurance subsidy provided
100	under chapter 121, chapter 175, or chapter 185.
101
102	Notwithstanding any provision of this section to the contrary,
103	the death benefits provided in paragraphs (b), (c), and (f)
104	shall also be applicable and paid in cases where a firefighter
105	received bodily injury prior to July 1, 1993, and subsequently
106	died on or after July 1, 1993, as a result of such in-line-of-
107	duty injury.
108	Section 2.  This act shall take effect July 1, 2009.

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