Florida Senate - 2022 SB 992 By Senator Book 32-00154-22 2022992__ 1 A bill to be entitled 2 An act relating to death benefits; amending s. 112.19, 3 F.S.; requiring the employer of a full-time law 4 enforcement, correctional, or correctional probation 5 officer to extend paid health insurance benefits to 6 the officer’s surviving spouse and each of the 7 officer’s dependent children if the officer dies in 8 the line of duty as a result of exposure to a pandemic 9 disease that is the subject of a public health 10 emergency; providing applicability; providing 11 retroactive application; providing a declaration of 12 important state interest; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. 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 enforcement, 22 correctional, or correctional probation officer who, on or after 23 January 1, 1995, suffers a catastrophic injury, as defined in s. 24 440.02, Florida Statutes 2002, in the line of duty shall pay the 25 entire premium of the employer’s health insurance plan for the 26 injured employee, the injured employee’s spouse, and for each 27 dependent child of the injured employee until the child reaches 28 the age of majority or until the end of the calendar year in 29 which the child reaches the age of 25 if the child continues to 30 be dependent for support, or the child is a full-time or part 31 time student and is dependent for support. Any employer who 32 employed a full-time law enforcement, correctional, or 33 correctional probation officer who was exposed in the line of 34 duty to a pandemic disease that was the subject of a declared 35 public health emergency and who died from such disease on or 36 after March 1, 2020, shall pay the entire premium of the 37 employer’s health insurance plan for the employee’s surviving 38 spouse and for each surviving dependent child of the deceased 39 employee until the child reaches the age of majority or until 40 the end of the calendar year in which the child reaches the age 41 of 25, if the child continues to be dependent for support, or if 42 the child is a full-time or part-time student and is dependent 43 for support. The term “health insurance plan” does not include 44 supplemental benefits that are not part of the basic group 45 health insurance plan. If the injured employee subsequently 46 dies, the employer shall continue to pay the entire health 47 insurance premium for the surviving spouse until remarried, and 48 for the dependent children, under the conditions outlined in 49 this paragraph. However: 50 a. Health insurance benefits payable from any other source 51 shall reduce benefits payable under this section. 52 b. It is unlawful for a person to willfully and knowingly 53 make, or cause to be made, or to assist, conspire with, or urge 54 another to make, or cause to be made, any false, fraudulent, or 55 misleading oral or written statement to obtain health insurance 56 coverage as provided under this paragraph. A person who violates 57 this sub-subparagraph commits a misdemeanor of the first degree, 58 punishable as provided in s. 775.082 or s. 775.083. 59 c. In addition to any applicable criminal penalty, upon 60 conviction for a violation as described in sub-subparagraph b., 61 a law enforcement, correctional, or correctional probation 62 officer or other beneficiary who receives or seeks to receive 63 health insurance benefits under this paragraph shall forfeit the 64 right to receive such health insurance benefits, and shall 65 reimburse the employer for all benefits paid due to the fraud or 66 other prohibited activity. For purposes of this sub 67 subparagraph, the term “conviction” means a determination of 68 guilt that is the result of a plea or trial, regardless of 69 whether adjudication is withheld. 70 2. In the case of catastrophic injury, in order for the 71 officer, spouse, and dependent children to be eligible for such 72 insurance coverage, the injury must have occurred as the result 73 of the officer’s response to fresh pursuit, the officer’s 74 response to what is reasonably believed to be an emergency, or 75 an unlawful act perpetrated by another. In the case of illness, 76 in order for the surviving spouse and dependent children to be 77 eligible for such insurance coverage, the illness must have been 78 contracted in the line of duty. Except as otherwise provided 79 herein, this paragraph may not be construed to limit health 80 insurance coverage for which the officer, spouse, or dependent 81 children may otherwise be eligible, except that a person who 82 qualifies under this section is not eligible for the health 83 insurance subsidy provided under chapter 121, chapter 175, or 84 chapter 185. 85 Section 2. The amendments made by this act to s. 112.19, 86 Florida Statutes, are intended to apply retroactively to the 87 surviving spouse and dependent children of a law enforcement 88 officer, correctional officer, or correctional probation officer 89 who was exposed in the line of duty to a pandemic disease that 90 was the subject of a declared public health emergency and who 91 died from such disease on or after March 1, 2020. 92 Section 3. The Legislature determines and declares that 93 this act fulfills an important state interest. 94 Section 4. This act shall take effect upon becoming a law.