Florida Senate - 2021 CS for SB 1232 By the Committee on Governmental Oversight and Accountability; and Senator Book 585-03336-21 20211232c1 1 A bill to be entitled 2 An act relating to death benefits; amending s. 112.19, 3 F.S.; requiring an employer of a law enforcement, 4 correctional, or correctional probation officer to 5 extend paid health insurance benefits to a surviving 6 spouse and each dependent child if the officer dies as 7 a result of exposure in the line of duty to a pandemic 8 disease that is the subject of a public health 9 emergency; providing applicability; providing 10 retroactive application; providing a declaration of 11 important state interest; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (h) of subsection (2) of section 16 112.19, Florida Statutes, is amended to read: 17 112.19 Law enforcement, correctional, and correctional 18 probation officers; death benefits.— 19 (2) 20 (h)1. Any employer who employs a full-time law enforcement, 21 correctional, or correctional probation officer who, on or after 22 January 1, 1995, suffers a catastrophic injury, as defined in s. 23 440.02, Florida Statutes 2002, in the line of duty shall pay the 24 entire premium of the employer’s health insurance plan for the 25 injured employee, the injured employee’s spouse, and for each 26 dependent child of the injured employee until the child reaches 27 the age of majority or until the end of the calendar year in 28 which the child reaches the age of 25 if the child continues to 29 be dependent for support, or the child is a full-time or part 30 time student and is dependent for support. Any employer who 31 employed a full-time law enforcement, correctional, or 32 correctional probation officer who was exposed in the line of 33 duty to a pandemic disease that was the subject of a declared 34 public health emergency and who died from such disease on or 35 after March 1, 2020, shall pay the entire premium of the 36 employer’s health insurance plan for the employee’s surviving 37 spouse and for each surviving dependent child of the deceased 38 employee until the child reaches the age of majority or until 39 the end of the calendar year in which the child reaches the age 40 of 25, if the child continues to be dependent for support, or if 41 the child is a full-time or part-time student and is dependent 42 for support. The term “health insurance plan” does not include 43 supplemental benefits that are not part of the basic group 44 health insurance plan. If the injured employee subsequently 45 dies, the employer shall continue to pay the entire health 46 insurance premium for the surviving spouse until remarried, and 47 for the dependent children, under the conditions outlined in 48 this paragraph. However: 49 a. Health insurance benefits payable from any other source 50 shall reduce benefits payable under this section. 51 b. It is unlawful for a person to willfully and knowingly 52 make, or cause to be made, or to assist, conspire with, or urge 53 another to make, or cause to be made, any false, fraudulent, or 54 misleading oral or written statement to obtain health insurance 55 coverage as provided under this paragraph. A person who violates 56 this sub-subparagraph commits a misdemeanor of the first degree, 57 punishable as provided in s. 775.082 or s. 775.083. 58 c. In addition to any applicable criminal penalty, upon 59 conviction for a violation as described in sub-subparagraph b., 60 a law enforcement, correctional, or correctional probation 61 officer or other beneficiary who receives or seeks to receive 62 health insurance benefits under this paragraph shall forfeit the 63 right to receive such health insurance benefits, and shall 64 reimburse the employer for all benefits paid due to the fraud or 65 other prohibited activity. For purposes of this sub 66 subparagraph, the term “conviction” means a determination of 67 guilt that is the result of a plea or trial, regardless of 68 whether adjudication is withheld. 69 2. In the case of catastrophic injury, in order for the 70 officer, spouse, and dependent children to be eligible for such 71 insurance coverage, the injury must have occurred as the result 72 of the officer’s response to fresh pursuit, the officer’s 73 response to what is reasonably believed to be an emergency, or 74 an unlawful act perpetrated by another. In the case of illness, 75 in order for the surviving spouse and dependent children to be 76 eligible for such insurance coverage, the illness must have been 77 contracted in the line of duty. Except as otherwise provided 78 herein, this paragraph may not be construed to limit health 79 insurance coverage for which the officer, spouse, or dependent 80 children may otherwise be eligible, except that a person who 81 qualifies under this section is not eligible for the health 82 insurance subsidy provided under chapter 121, chapter 175, or 83 chapter 185. 84 Section 2. The amendments made by this act to s. 112.19, 85 Florida Statutes, are intended to apply retroactively to the 86 surviving spouse and dependent children of a law enforcement 87 officer, correctional officer, or correctional probation officer 88 who was exposed in the line of duty to a pandemic disease that 89 was the subject of a declared public health emergency and who 90 died from such disease on or after March 1, 2020. 91 Section 3. The Legislature determines and declares that 92 this act fulfills an important state interest. 93 Section 4. This act shall take effect upon becoming a law.