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.