Florida Senate - 2009 SB 792
By Senator Baker
20-00858-09 2009792__
1 A bill to be entitled
2 An act relating to firefighter death benefits;
3 amending s. 112.191, F.S.; revises provisions
4 providing death benefits for firefighters; expanding
5 activities entitling firefighters to death benefits to
6 include participation in training exercises; providing
7 an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraphs (b), (c), (f), and (g) of subsection
12 (2) of section 112.191, Florida Statutes, are amended to read:
13 112.191 Firefighters; death benefits.—
14 (2)
15 (b) The sum of $50,000, as adjusted pursuant to paragraph
16 (i), shall be paid as provided in this section if a firefighter
17 is accidentally killed as specified in paragraph (a) and the
18 accidental death occurs as a result of the firefighter's
19 response to what is reasonably believed to be an emergency
20 involving the protection of life or property or the
21 firefighter's participation in a training exercise. This sum
22 shall be in addition to any sum provided for in paragraph (a).
23 Notwithstanding any other provision of law, in no case shall the
24 amount payable under this subsection be less than the actual
25 amount stated therein.
26 (c) If a firefighter, while engaged in the performance of
27 his or her firefighter duties, is unlawfully and intentionally
28 killed, is injured and dies as a result of such injury, dies as
29 a result of a fire which has been determined to have been caused
30 by an act of arson, or subsequently dies as a result of injuries
31 sustained therefrom, the sum of $150,000, as adjusted pursuant
32 to paragraph (i), shall be paid as provided in this section.
33 Notwithstanding any other provision of law, in no case shall the
34 amount payable under this subsection be less than the actual
35 amount stated therein.
36 (f) Any political subdivision of the state that employs a
37 full-time firefighter who is killed in the line of duty on or
38 after July 1, 1993, as a result of an act of violence inflicted
39 by another person while the firefighter is engaged in the
40 performance of firefighter duties, as a result of a fire which
41 has been determined to have been caused by an act of arson, or
42 as a result of an assault against the firefighter under riot
43 conditions shall pay the entire premium of the political
44 subdivision's health insurance plan for the employee's surviving
45 spouse until remarried, and for each dependent child of the
46 employee until the child reaches the age of majority or until
47 the end of the calendar year in which the child reaches the age
48 of 25 if:
49 1. At the time of the employee's death, the child is
50 dependent upon the employee for support; and
51 2. The surviving child continues to be dependent for
52 support, or the surviving child is a full-time or part-time
53 student and is dependent for support.
54 (g)1. Any employer who employs a full-time firefighter who,
55 on or after January 1, 1995, suffers a catastrophic injury, as
56 defined in s. 440.02, Florida Statutes 2002, in the line of duty
57 shall pay the entire premium of the employer's health insurance
58 plan for the injured employee, the injured employee's spouse,
59 and for each dependent child of the injured employee until the
60 child reaches the age of majority or until the end of the
61 calendar year in which the child reaches the age of 25 if the
62 child continues to be dependent for support, or the child is a
63 full-time or part-time student and is dependent for support. The
64 term “health insurance plan” does not include supplemental
65 benefits that are not part of the basic group health insurance
66 plan. If the injured employee subsequently dies, the employer
67 shall continue to pay the entire health insurance premium for
68 the surviving spouse until remarried, and for the dependent
69 children, under the conditions outlined in this paragraph.
70 However:
71 a. Health insurance benefits payable from any other source
72 shall reduce benefits payable under this section.
73 b. It is unlawful for a person to willfully and knowingly
74 make, or cause to be made, or to assist, conspire with, or urge
75 another to make, or cause to be made, any false, fraudulent, or
76 misleading oral or written statement to obtain health insurance
77 coverage as provided under this paragraph. A person who violates
78 this sub-subparagraph commits a misdemeanor of the first degree,
79 punishable as provided in s. 775.082 or s. 775.083.
80 c. In addition to any applicable criminal penalty, upon
81 conviction for a violation as described in sub-subparagraph b.,
82 a firefighter or other beneficiary who receives or seeks to
83 receive health insurance benefits under this paragraph shall
84 forfeit the right to receive such health insurance benefits, and
85 shall reimburse the employer for all benefits paid due to the
86 fraud or other prohibited activity. For purposes of this sub
87 subparagraph, “conviction” means a determination of guilt that
88 is the result of a plea or trial, regardless of whether
89 adjudication is withheld.
90 2. In order for the firefighter, spouse, and dependent
91 children to be eligible for such insurance coverage, the injury
92 must have been work related occurred as the result of the
93 firefighter's response to what is reasonably believed to be an
94 emergency involving the protection of life or property, or an
95 unlawful act perpetrated by another. Except as otherwise
96 provided herein, nothing in this paragraph shall be construed to
97 limit health insurance coverage for which the firefighter,
98 spouse, or dependent children may otherwise be eligible, except
99 that a person who qualifies for benefits under this section
100 shall not be eligible for the health insurance subsidy provided
101 under chapter 121, chapter 175, or chapter 185.
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.