Bill Text: FL S1548 | 2019 | Regular Session | Introduced


Bill Title: Death Benefits

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-13 - Introduced [S1548 Detail]

Download: Florida-2019-S1548-Introduced.html
       Florida Senate - 2019                                    SB 1548
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00731-19                                           20191548__
    1                        A bill to be entitled                      
    2         An act relating to death benefits; providing
    3         legislative intent; reenacting and amending ss. 112.19
    4         and 112.191, F.S., relating to death benefits for law
    5         enforcement, correctional, and correctional probation
    6         officers, and firefighters, respectively; revising the
    7         payment amounts of death benefits; deleting the
    8         provision requiring annual adjustment of the death
    9         benefit amount; modifying eligibility for the waiver
   10         for specified educational expenses; creating s.
   11         112.1912, F.S.; establishing a death benefit for
   12         emergency medical technicians and paramedics to
   13         conform to s. 31, Art. X of the State Constitution;
   14         providing definitions; specifying eligibility and
   15         payment amounts for such death benefits; prescribing
   16         the procedure by which an emergency medical technician
   17         or paramedic designates a beneficiary; specifying that
   18         such death benefits are supplementary and exempt from
   19         creditors’ demands or claims; requiring the state to
   20         waive certain educational expenses of a child or
   21         spouse of a deceased emergency medical technician or
   22         paramedic; specifying conditions and requirements;
   23         specifying the financial responsibility of employing
   24         agencies as to the payment of benefits; authorizing
   25         the State Board of Education and the Board of
   26         Governors, respectively, to adopt rules, regulations,
   27         and procedures; amending s. 250.34, F.S.; modifying
   28         eligibility for death benefits for a deceased member
   29         of the Florida National Guard, to conform to the State
   30         Constitution; reenacting and amending s. 295.01, F.S.;
   31         modifying provisions governing educational expense
   32         waivers for surviving children and spouses of deceased
   33         servicemembers, to conform to the State Constitution;
   34         creating s. 295.061, F.S.; establishing a death
   35         benefit for active duty members of the United States
   36         Armed Forces, to conform to s. 31, Art. X of the State
   37         Constitution; specifying eligibility and other
   38         requirements for entitlement to such benefits;
   39         specifying that the state-funded benefit is in
   40         addition to any federal benefit; requiring the benefit
   41         be paid from moneys in the General Revenue Fund;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. It is the intent of the Legislature to implement
   47  s. 31, Article X of the State Constitution through the enactment
   48  of this act to provide for the payment of death benefits to the
   49  survivors of first responders and military members.
   50         Section 2. Section 112.19, Florida Statutes, is reenacted
   51  and amended to read:
   52         112.19 Law enforcement, correctional, and correctional
   53  probation officers; death benefits.—
   54         (1) As Whenever used in this section, the term:
   55         (a) “Employer” means a state board, commission, department,
   56  division, bureau, or agency, or a county, municipality, or other
   57  political subdivision of the state, which employs, appoints, or
   58  otherwise engages the services of law enforcement, correctional,
   59  or correctional probation officers.
   60         (b) “Law enforcement, correctional, or correctional
   61  probation officer” means any officer as defined in s. 943.10(14)
   62  or employee of the state or any political subdivision of the
   63  state, including any law enforcement officer, correctional
   64  officer, correctional probation officer, state attorney
   65  investigator, or public defender investigator, whose duties
   66  require such officer or employee to investigate, pursue,
   67  apprehend, arrest, transport, or maintain custody of persons who
   68  are charged with, suspected of committing, or convicted of a
   69  crime; and the term includes any member of a bomb disposal unit
   70  whose primary responsibility is the location, handling, and
   71  disposal of explosive devices. The term also includes any full
   72  time officer or employee of the state or any political
   73  subdivision of the state, certified pursuant to chapter 943,
   74  whose duties require such officer to serve process or to attend
   75  a session of a circuit or county court as bailiff.
   76         (c) “Insurance” means insurance procured from a stock
   77  company or mutual company or association or exchange authorized
   78  to do business as an insurer in this state.
   79         (d) “Fresh pursuit” means the pursuit of a person who has
   80  committed or is reasonably suspected of having committed a
   81  felony, misdemeanor, traffic infraction, or violation of a
   82  county or municipal ordinance. The term does not imply instant
   83  pursuit, but pursuit without unreasonable delay.
   84         (2)(a) The sum of $75,000 must $50,000, as adjusted
   85  pursuant to paragraph (j), shall be paid as provided in this
   86  section when a law enforcement, correctional, or correctional
   87  probation officer, while engaged in the performance of the
   88  officer’s law enforcement duties, is accidentally killed or
   89  receives accidental bodily injury which results in the loss of
   90  the officer’s life, provided that such killing is not the result
   91  of suicide and that such bodily injury is not intentionally
   92  self-inflicted. Notwithstanding any other provision of law, in
   93  no case shall the amount payable under this subsection be less
   94  than the actual amount stated therein.
   95         (b) The sum of $75,000 must $50,000, as adjusted under
   96  paragraph (j), shall be paid as provided in this section if a
   97  law enforcement, correctional, or correctional probation officer
   98  is accidentally killed as specified in paragraph (a) and the
   99  accidental death occurs:
  100         1. As a result of the officer’s response to fresh pursuit;
  101         2. As a result of the officer’s response to what is
  102  reasonably believed to be an emergency;
  103         3. At the scene of a traffic accident to which the officer
  104  has responded; or
  105         4. While the officer is enforcing what is reasonably
  106  believed to be a traffic law or ordinance.
  107  
  108  This sum is in addition to any sum provided for in paragraph
  109  (a). Notwithstanding any other provision of law, in no case
  110  shall the amount payable under this subsection be less than the
  111  actual amount stated therein.
  112         (c) If a law enforcement, correctional, or correctional
  113  probation officer, while engaged in the performance of the
  114  officer’s law enforcement duties, is unlawfully and
  115  intentionally killed or dies as a result of such unlawful and
  116  intentional act, the sum of $200,000 must $150,000, as adjusted
  117  pursuant to paragraph (j), shall be paid as provided in this
  118  section. Notwithstanding any other provision of law, in no case
  119  shall the amount payable under this subsection be less than the
  120  actual amount stated therein.
  121         (d) Such payments, pursuant to the provisions of paragraphs
  122  (a), (b), and (c), whether secured by insurance or not, must
  123  shall be made to the beneficiary designated by such law
  124  enforcement, correctional, or correctional probation officer in
  125  writing, signed by the officer and delivered to the employer
  126  during the officer’s lifetime. If no such designation is made,
  127  then the payments must it shall be paid to the officer’s
  128  surviving child or children and spouse in equal portions, and if
  129  there is no surviving child or spouse, then to the officer’s
  130  parent or parents. If a beneficiary is not designated and there
  131  is no surviving child, spouse, or parent, then the sum must it
  132  shall be paid to the officer’s estate.
  133         (e) Such payments, pursuant to the provisions of paragraphs
  134  (a), (b), and (c), are in addition to any workers’ compensation
  135  or pension benefits and are exempt from the claims and demands
  136  of creditors of such law enforcement, correctional, or
  137  correctional probation officer.
  138         (f) If a full-time law enforcement, correctional, or
  139  correctional probation officer who is certified pursuant to
  140  chapter 943 and employed by a state agency is killed in the line
  141  of duty while the officer is engaged in the performance of law
  142  enforcement duties or as a result of an assault against the
  143  officer under riot conditions:
  144         1. The sum of $1,000 must shall be paid, as provided for in
  145  paragraph (d), toward the funeral and burial expenses of such
  146  officer. Such benefits are in addition to any other benefits to
  147  which employee beneficiaries and dependents are entitled under
  148  the Workers’ Compensation Law or any other state or federal
  149  statutes; and
  150         2. The officer’s employing agency may pay up to $5,000
  151  directly toward the venue expenses associated with the funeral
  152  and burial services of such officer.
  153         (g) Any political subdivision of the state that employs a
  154  full-time law enforcement officer as defined in s. 943.10(1) or
  155  a full-time correctional officer as defined in s. 943.10(2) who
  156  is killed in the line of duty on or after July 1, 1993, as a
  157  result of an act of violence inflicted by another person while
  158  the officer is engaged in the performance of law enforcement
  159  duties or as a result of an assault against the officer under
  160  riot conditions shall pay the entire premium of the political
  161  subdivision’s health insurance plan for the employee’s surviving
  162  spouse until remarried, and for each dependent child of the
  163  employee until the child reaches the age of majority or until
  164  the end of the calendar year in which the child reaches the age
  165  of 25 if:
  166         1. At the time of the employee’s death, the child is
  167  dependent upon the employee for support; and
  168         2. The surviving child continues to be dependent for
  169  support, or the surviving child is a full-time or part-time
  170  student and is dependent for support.
  171         (h)1. Any employer who employs a full-time law enforcement,
  172  correctional, or correctional probation officer who, on or after
  173  January 1, 1995, suffers a catastrophic injury, as defined in s.
  174  440.02, Florida Statutes 2002, in the line of duty shall pay the
  175  entire premium of the employer’s health insurance plan for the
  176  injured employee, the injured employee’s spouse, and for each
  177  dependent child of the injured employee until the child reaches
  178  the age of majority or until the end of the calendar year in
  179  which the child reaches the age of 25 if the child continues to
  180  be dependent for support, or the child is a full-time or part
  181  time student and is dependent for support. The term “health
  182  insurance plan” does not include supplemental benefits that are
  183  not part of the basic group health insurance plan. If the
  184  injured employee subsequently dies, the employer shall continue
  185  to pay the entire health insurance premium for the surviving
  186  spouse until remarried, and for the dependent children, under
  187  the conditions outlined in this paragraph. However:
  188         a. Health insurance benefits payable from any other source
  189  shall reduce benefits payable under this section.
  190         b. It is unlawful for a person to willfully and knowingly
  191  make, or cause to be made, or to assist, conspire with, or urge
  192  another to make, or cause to be made, any false, fraudulent, or
  193  misleading oral or written statement to obtain health insurance
  194  coverage as provided under this paragraph. A person who violates
  195  this sub-subparagraph commits a misdemeanor of the first degree,
  196  punishable as provided in s. 775.082 or s. 775.083.
  197         c. In addition to any applicable criminal penalty, upon
  198  conviction for a violation as described in sub-subparagraph b.,
  199  a law enforcement, correctional, or correctional probation
  200  officer or other beneficiary who receives or seeks to receive
  201  health insurance benefits under this paragraph shall forfeit the
  202  right to receive such health insurance benefits, and shall
  203  reimburse the employer for all benefits paid due to the fraud or
  204  other prohibited activity. For purposes of this sub
  205  subparagraph, “conviction” means a determination of guilt that
  206  is the result of a plea or trial, regardless of whether
  207  adjudication is withheld.
  208         2. In order for the officer, spouse, and dependent children
  209  to be eligible for such insurance coverage, the injury must have
  210  occurred as the result of the officer’s response to fresh
  211  pursuit, the officer’s response to what is reasonably believed
  212  to be an emergency, or an unlawful act perpetrated by another.
  213  Except as otherwise provided herein, nothing in this paragraph
  214  shall be construed to limit health insurance coverage for which
  215  the officer, spouse, or dependent children may otherwise be
  216  eligible, except that a person who qualifies under this section
  217  shall not be eligible for the health insurance subsidy provided
  218  under chapter 121, chapter 175, or chapter 185.
  219         (i) The Bureau of Crime Prevention and Training within the
  220  Department of Legal Affairs shall adopt rules necessary to
  221  implement paragraphs (a), (b), and (c).
  222         (j) Any payments made pursuant to paragraph (a), paragraph
  223  (b), or paragraph (c) shall consist of the statutory amount
  224  adjusted to reflect price level changes since the effective date
  225  of this act. The Bureau of Crime Prevention and Training shall
  226  by rule adjust the statutory amount based on the Consumer Price
  227  Index for All Urban Consumers published by the United States
  228  Department of Labor. Adjustment shall be made July 1 of each
  229  year using the most recent month for which data are available at
  230  the time of the adjustment.
  231         (3) If a law enforcement, correctional, or correctional
  232  probation officer is accidentally killed as specified in
  233  paragraph (2)(a) or paragraph (2)(b) on or after June 22, 1990,
  234  or unlawfully and intentionally killed as specified in paragraph
  235  (2)(c) on or after July 1, 1980, the state must shall waive
  236  certain educational expenses that the child or spouse of the
  237  deceased officer incurs while obtaining a career certificate, an
  238  undergraduate education, or a postgraduate education. The amount
  239  waived by the state must shall be in an amount equal to the cost
  240  of tuition and matriculation and registration fees for a total
  241  of 120 credit hours. The child or spouse may attend a state
  242  career center, a Florida College System institution, or a state
  243  university. The child or spouse may attend any or all of the
  244  institutions specified in this subsection, on either a full-time
  245  or part-time basis. The benefits provided to a child under this
  246  subsection shall continue until the child’s 25th birthday. The
  247  benefits provided to a spouse under this subsection must
  248  commence within 5 years after the death occurs, and entitlement
  249  thereto shall continue until the 10th anniversary of that death.
  250         (a) Upon failure of any child or spouse who receives a
  251  waiver in accordance with benefited by the provisions of this
  252  subsection to comply with the ordinary and minimum requirements
  253  regarding discipline and scholarship of the institution
  254  attended, such both as to discipline and scholarship, the
  255  benefits must shall be withdrawn as to the child or spouse and
  256  no further moneys may be expended for the child’s or spouse’s
  257  benefits so long as such failure or delinquency continues.
  258         (b) Only a student in good standing in his or her
  259  respective institution may receive the benefits provided in this
  260  subsection thereof.
  261         (c) A child or spouse receiving benefits under this
  262  subsection must be enrolled according to the customary rules and
  263  requirements of the institution attended.
  264         (4)(a) The employer of such law enforcement, correctional,
  265  or correctional probation officer is liable for the payment of
  266  the sums specified in this section and is deemed self-insured,
  267  unless it procures and maintains, or has already procured and
  268  maintained, insurance to secure such payments. Any such
  269  insurance may cover only the risks indicated in this section, in
  270  the amounts indicated in this section, or it may cover those
  271  risks and additional risks and may be in larger amounts. Any
  272  such insurance shall be placed by such employer only after
  273  public bid of such insurance coverage which must coverage shall
  274  be awarded to the carrier making the lowest best bid.
  275         (b) Payment of benefits to beneficiaries of state
  276  employees, or of the premiums to cover the risk, under the
  277  provisions of this section shall be paid from existing funds
  278  otherwise appropriated to the department employing the law
  279  enforcement, correctional, or correctional probation officers.
  280         (5) The State Board of Education shall adopt rules and
  281  procedures, and the Board of Governors shall adopt regulations
  282  and procedures, as are appropriate and necessary to implement
  283  the educational benefits provisions of this section.
  284         (6) Notwithstanding any provision of this section to the
  285  contrary, the death benefits provided in paragraphs (2)(c) and
  286  (g) shall also be applicable and paid in cases where an officer
  287  received bodily injury before prior to July 1, 1993, and
  288  subsequently died on or after July 1, 1993, as a result of such
  289  in-line-of-duty injury attributable to an unlawful and
  290  intentional act, or an act of violence inflicted by another, or
  291  an assault on the officer under riot conditions. Payment of such
  292  benefits must shall be in accordance with provisions of this
  293  section. Nothing in This subsection may not provision shall be
  294  construed to limit death benefits for which those individuals
  295  listed in paragraph (2)(d) may otherwise be eligible.
  296         Section 3. Section 112.191, Florida Statutes, is reenacted
  297  and amended to read:
  298         112.191 Firefighters; death benefits.—
  299         (1) As Whenever used in this section, the term act:
  300         (a) The term “Employer” means a state board, commission,
  301  department, division, bureau or agency, or a county,
  302  municipality, or other political subdivision of the state.
  303         (b) The term “Firefighter” means any full-time duly
  304  employed uniformed firefighter employed by an employer, whose
  305  primary duty is the prevention and extinguishing of fires, the
  306  protection of life and property therefrom, the enforcement of
  307  municipal, county, and state fire prevention codes, as well as
  308  the enforcement of any law pertaining to the prevention and
  309  control of fires, who is certified pursuant to s. 633.408 and
  310  who is a member of a duly constituted fire department of such
  311  employer or who is a volunteer firefighter.
  312         (c) The term “Insurance” means insurance procured from a
  313  stock company or mutual company or association or exchange
  314  authorized to do business as an insurer in this state.
  315         (2)(a) The sum of $75,000 must $50,000, as adjusted
  316  pursuant to paragraph (i), shall be paid as provided in this
  317  section when a firefighter, while engaged in the performance of
  318  his or her firefighter duties, is accidentally killed or
  319  receives accidental bodily injury which subsequently results in
  320  the loss of the firefighter’s life, provided that such killing
  321  is not the result of suicide and that such bodily injury is not
  322  intentionally self-inflicted. Notwithstanding any other
  323  provision of law, in no case shall the amount payable under this
  324  subsection be less than the actual amount stated therein.
  325         (b) The sum of $75,000 must $50,000, as adjusted pursuant
  326  to paragraph (i), shall be paid as provided in this section if a
  327  firefighter is accidentally killed as specified in paragraph (a)
  328  and the accidental death occurs as a result of the firefighter’s
  329  response to what is reasonably believed to be an emergency
  330  involving the protection of life or property or the
  331  firefighter’s participation in a training exercise. This sum is
  332  in addition to any sum provided in paragraph (a).
  333  Notwithstanding any other provision of law, the amount payable
  334  under this subsection may not be less than the actual amount
  335  stated therein.
  336         (c) If a firefighter, while engaged in the performance of
  337  his or her firefighter duties, is unlawfully and intentionally
  338  killed, is injured by an unlawful and intentional act of another
  339  person and dies as a result of such injury, dies as a result of
  340  a fire which has been determined to have been caused by an act
  341  of arson, or subsequently dies as a result of injuries sustained
  342  therefrom, the sum of $200,000 must $150,000, as adjusted
  343  pursuant to paragraph (i), shall be paid as provided in this
  344  section. Notwithstanding any other provision of law, the amount
  345  payable under this subsection may not be less than the actual
  346  amount stated therein.
  347         (d) Such payments, pursuant to paragraphs (a), (b), and
  348  (c), whether secured by insurance or not, must shall be made to
  349  the beneficiary designated by such firefighter in writing,
  350  signed by the firefighter and delivered to the employer during
  351  the firefighter’s lifetime. If no such designation is made, then
  352  the payment must it shall be paid to the firefighter’s surviving
  353  child or children and spouse in equal portions, and if there be
  354  no surviving child or spouse, then to the firefighter’s parent
  355  or parents. If a beneficiary designation is not made and there
  356  is no surviving child, spouse, or parent, then the sum must it
  357  shall be paid to the firefighter’s estate.
  358         (e) Such payments, pursuant to the provisions of paragraphs
  359  (a), (b), and (c), are shall be in addition to any workers’
  360  compensation or pension benefits and shall be exempt from the
  361  claims and demands of creditors of such firefighter.
  362         (f) Any political subdivision of the state that employs a
  363  full-time firefighter who is killed in the line of duty on or
  364  after July 1, 1993, as a result of an act of violence inflicted
  365  by another person while the firefighter is engaged in the
  366  performance of firefighter duties, as a result of a fire which
  367  has been determined to have been caused by an act of arson, or
  368  as a result of an assault against the firefighter under riot
  369  conditions shall pay the entire premium of the political
  370  subdivision’s health insurance plan for the employee’s surviving
  371  spouse until remarried, and for each dependent child of the
  372  employee until the child reaches the age of majority or until
  373  the end of the calendar year in which the child reaches the age
  374  of 25 if:
  375         1. At the time of the employee’s death, the child is
  376  dependent upon the employee for support; and
  377         2. The surviving child continues to be dependent for
  378  support, or the surviving child is a full-time or part-time
  379  student and is dependent for support.
  380         (g)1. Any employer who employs a full-time firefighter who,
  381  on or after January 1, 1995, suffers a catastrophic injury, as
  382  defined in s. 440.02, Florida Statutes 2002, in the line of duty
  383  shall pay the entire premium of the employer’s health insurance
  384  plan for the injured employee, the injured employee’s spouse,
  385  and for each dependent child of the injured employee until the
  386  child reaches the age of majority or until the end of the
  387  calendar year in which the child reaches the age of 25 if the
  388  child continues to be dependent for support, or the child is a
  389  full-time or part-time student and is dependent for support. The
  390  term “health insurance plan” does not include supplemental
  391  benefits that are not part of the basic group health insurance
  392  plan. If the injured employee subsequently dies, the employer
  393  shall continue to pay the entire health insurance premium for
  394  the surviving spouse until remarried, and for the dependent
  395  children, under the conditions outlined in this paragraph.
  396  However:
  397         a. Health insurance benefits payable from any other source
  398  shall reduce benefits payable under this section.
  399         b. It is unlawful for a person to willfully and knowingly
  400  make, or cause to be made, or to assist, conspire with, or urge
  401  another to make, or cause to be made, any false, fraudulent, or
  402  misleading oral or written statement to obtain health insurance
  403  coverage as provided under this paragraph. A person who violates
  404  this sub-subparagraph commits a misdemeanor of the first degree,
  405  punishable as provided in s. 775.082 or s. 775.083.
  406         c. In addition to any applicable criminal penalty, upon
  407  conviction for a violation as described in sub-subparagraph b.,
  408  a firefighter or other beneficiary who receives or seeks to
  409  receive health insurance benefits under this paragraph shall
  410  forfeit the right to receive such health insurance benefits, and
  411  shall reimburse the employer for all benefits paid due to the
  412  fraud or other prohibited activity. For purposes of this sub
  413  subparagraph, “conviction” means a determination of guilt that
  414  is the result of a plea or trial, regardless of whether
  415  adjudication is withheld.
  416         2. In order for the firefighter, spouse, and dependent
  417  children to be eligible for such insurance coverage, the injury
  418  must have occurred as the result of the firefighter’s response
  419  to what is reasonably believed to be an emergency involving the
  420  protection of life or property, or an unlawful act perpetrated
  421  by another. Except as otherwise provided herein, nothing in this
  422  paragraph shall be construed to limit health insurance coverage
  423  for which the firefighter, spouse, or dependent children may
  424  otherwise be eligible, except that a person who qualifies for
  425  benefits under this section shall not be eligible for the health
  426  insurance subsidy provided under chapter 121, chapter 175, or
  427  chapter 185.
  428  
  429  Notwithstanding any provision of this section to the contrary,
  430  the death benefits provided in paragraphs (b), (c), and (f)
  431  shall also be applicable and paid in cases where a firefighter
  432  received bodily injury prior to July 1, 1993, and subsequently
  433  died on or after July 1, 1993, as a result of such in-line-of
  434  duty injury.
  435         (h) The Division of the State Fire Marshal within the
  436  Department of Financial Services shall adopt rules necessary to
  437  implement this section.
  438         (i) Any payments made pursuant to paragraph (a), paragraph
  439  (b), or paragraph (c) shall consist of the statutory amount
  440  adjusted to show price level changes in the Consumer Price Index
  441  for All Urban Consumers published by the United States
  442  Department of Labor since July 1, 2002. The Division of State
  443  Fire Marshal, using the most recent month for which Consumer
  444  Price Index data is available, shall, on June 15 of each year,
  445  calculate and publish on the division’s Internet website the
  446  amount resulting from the adjustments to the statutory amounts.
  447  The adjusted statutory amounts shall be effective on July 1 of
  448  each year.
  449         (3) If a firefighter is accidentally killed as specified in
  450  paragraph (2)(a) or paragraph (2)(b) on or after June 22, 1990,
  451  or unlawfully and intentionally killed as specified in paragraph
  452  (2)(c), on or after July 1, 1980, the state shall waive certain
  453  educational expenses that the child or spouse of the deceased
  454  firefighter incurs while obtaining a career certificate, an
  455  undergraduate education, or a postgraduate education. The amount
  456  waived by the state shall be an amount equal to the cost of
  457  tuition and matriculation and registration fees for a total of
  458  120 credit hours. The child or spouse may attend a state career
  459  center, a Florida College System institution, or a state
  460  university. The child or spouse may attend any or all of the
  461  institutions specified in this subsection, on either a full-time
  462  or part-time basis. The benefits provided to a child under this
  463  subsection shall continue until the child’s 25th birthday. The
  464  benefits provided to a spouse under this subsection must
  465  commence within 5 years after the death occurs, and entitlement
  466  thereto shall continue until the 10th anniversary of that death.
  467         (a) Upon failure of any child or spouse benefited by the
  468  provisions of this subsection to comply with the ordinary and
  469  minimum requirements of the institution attended, both as to
  470  discipline and scholarship, the benefits thereof shall be
  471  withdrawn as to the child or spouse and no further moneys
  472  expended for the child’s or spouse’s benefits so long as such
  473  failure or delinquency continues.
  474         (b) Only students in good standing in their respective
  475  institutions shall receive the benefits thereof.
  476         (c) A child or spouse receiving benefits under this
  477  subsection must be enrolled according to the customary rules and
  478  requirements of the institution attended.
  479         (4)(a) The employer of such firefighter is shall be liable
  480  for the payment of the benefits said sums specified in this
  481  section and is shall be deemed self-insured, unless it procures
  482  and maintains, or has already procured and maintained, insurance
  483  to secure such payments. Any such insurance may cover only the
  484  risks indicated in this section, in the amounts indicated in
  485  this section, or it may cover those risks and additional risks
  486  and may be in larger amounts. Any such insurance must shall be
  487  placed by such employer only after public bid of such insurance
  488  coverage which must coverage shall be awarded to the carrier
  489  making the lowest best bid.
  490         (b) Payment of benefits to beneficiaries of state
  491  employees, or of the premiums to cover the risk, under the
  492  provisions of this section, must shall be paid from existing
  493  funds otherwise appropriated for the department.
  494         (5) The State Board of Education shall adopt rules and
  495  procedures, and the Board of Governors shall adopt regulations
  496  and procedures, as are appropriate and necessary to implement
  497  the educational benefits provisions of this section.
  498         Section 4. Section 112.1912, Florida Statutes, is created
  499  to read:
  500         112.1912Emergency medical technicians and paramedics;
  501  death benefits.—
  502         (1) As used in this section, the term:
  503         (a) “Emergency medical technician” means a person who is
  504  certified by the Department of Health to perform basic life
  505  support pursuant to part III of chapter 401 and who is employed
  506  by an employer.
  507         (b) “Employer” means a state board, commission, department,
  508  division, bureau or agency, or a county, municipality, or other
  509  political subdivision of this state.
  510         (c) “Insurance” means insurance procured from a stock
  511  company or mutual company, or an association or exchange
  512  authorized to do business as an insurer in this state.
  513         (d) “Paramedic” means a person who is certified by the
  514  Department of Health to perform basic and advanced life support
  515  pursuant to part III of chapter 401 and who is employed by an
  516  employer.
  517         (2)(a) The sum of $75,000 must be paid as provided in this
  518  section when an emergency medical technician or a paramedic,
  519  while engaged in the performance of his or her official duties,
  520  is accidentally killed or receives accidental bodily injury that
  521  subsequently results in the loss of the individual’s life,
  522  provided that such killing is not the result of suicide and that
  523  such bodily injury is not intentionally self-inflicted.
  524         (b) The sum of $75,000 must be paid as provided in this
  525  section if an emergency medical technician or a paramedic is
  526  accidentally killed as specified in paragraph (a) and the
  527  accidental death occurs as a result of the emergency medical
  528  technician’s or paramedic’s response to what is reasonably
  529  believed to be an emergency involving the protection of life.
  530  This sum is in addition to any sum provided under paragraph (a).
  531         (c) If an emergency medical technician or a paramedic,
  532  while engaged in the performance of his or her official duties,
  533  is unlawfully and intentionally killed or is injured by an
  534  unlawful and intentional act of another person and dies as a
  535  result of such injury, the sum of $200,000 must be paid as
  536  provided in this section.
  537         (d) Such payments, pursuant to paragraphs (a), (b), and
  538  (c), whether secured by insurance or not, must be made to the
  539  beneficiary designated by such emergency medical technician or
  540  paramedic in a written and signed form that is delivered to the
  541  employer during the emergency medical technician’s or
  542  paramedic’s lifetime. If no such designation is made, then the
  543  payments must be made to the emergency medical technician’s or
  544  paramedic’s surviving child or children and spouse in equal
  545  portions, or if there is no surviving child or spouse, must be
  546  made to the emergency medical technician’s or paramedic’s parent
  547  or parents. If a beneficiary is not designated and there is no
  548  surviving child, spouse, or parent, then the sum must be paid to
  549  the emergency medical technician’s or paramedic’s estate.
  550         (e) Such payments, pursuant to paragraphs (a), (b), and
  551  (c), are in addition to any workers’ compensation or pension
  552  benefits and are exempt from the claims and demands of creditors
  553  of such emergency medical technician or paramedic.
  554         (3) If an emergency medical technician or a paramedic is
  555  accidentally killed as specified in paragraph (2)(a) or
  556  paragraph (2)(b) or unlawfully and intentionally killed as
  557  specified in paragraph (2)(c), the state must waive certain
  558  educational expenses that the children or the spouse of the
  559  deceased emergency medical technician or paramedic incur while
  560  obtaining a career certificate, an undergraduate education, or a
  561  postgraduate education. The amount waived by the state must be
  562  an amount equal to the cost of tuition and matriculation and
  563  registration fees for a total of 120 credit hours. The child or
  564  spouse may attend a state career center, a Florida College
  565  System institution, or a state university. The child or spouse
  566  may attend any or all of the institutions specified in this
  567  subsection, on either a full-time or part-time basis. The
  568  benefits provided to a child under this subsection must continue
  569  until the child’s 25th birthday. The benefits provided to a
  570  spouse under this subsection must commence within 5 years after
  571  the death occurs, and may continue until the 10th anniversary of
  572  that death.
  573         (a) Upon failure of any child or spouse who receives a
  574  waiver in accordance with this subsection to comply with the
  575  ordinary and minimum requirements regarding discipline and
  576  scholarship of the institution attended, such benefits to such
  577  child or spouse must be withdrawn and no further moneys may be
  578  expended for the child’s or spouse’s benefits so long as such
  579  failure or delinquency continues.
  580         (b) Only students in good standing in their respective
  581  institutions shall receive the benefits provided in this
  582  subsection.
  583         (c) A child or spouse receiving benefits under this
  584  subsection shall be enrolled according to the customary rules
  585  and requirements of the institution attended.
  586         (4)(a) The employer of an emergency medical technician or a
  587  paramedic is liable for the payment of the benefits specified in
  588  this section and deemed self-insured, unless it procures and
  589  maintains, or has already procured and maintained, insurance to
  590  cover such payments. Any such insurance may cover only the risks
  591  indicated in this section, in the amounts indicated in this
  592  section, or it may cover those risks and additional risks and
  593  may be in larger amounts. Any such insurance must be placed by
  594  such employer only after public bid of such insurance coverage,
  595  which must be awarded to the carrier making the lowest best bid.
  596         (b) Payment of benefits to beneficiaries of state
  597  employees, or of the premiums to cover the risk, under this
  598  section, must be paid from existing funds otherwise appropriated
  599  to the agency who employed the emergency medical technician or
  600  paramedic.
  601         (5) The State Board of Education shall adopt rules and
  602  procedures, and the Board of Governors shall adopt regulations
  603  and procedures, as are appropriate and necessary to implement
  604  the educational benefits provisions in this section.
  605         Section 5. Subsection (4) of section 250.34, Florida
  606  Statutes, is amended to read:
  607         250.34 Injury or death on state active duty.—
  608         (4) Each member of the Florida National Guard who is
  609  accidentally killed or receives accidental bodily injury that
  610  results in the loss of the member’s life, provided that such
  611  killing is not the result of suicide and that such bodily injury
  612  is not intentionally self-inflicted, or who is unlawfully and
  613  intentionally killed or dies as a the result of such unlawful
  614  and intentional conduct or is killed during active duty injuries
  615  incurred, while engaged in the performance of his or her
  616  official duties on state active duty under competent orders
  617  qualifies for benefits as a law enforcement officer pursuant to
  618  s. 112.19 or any successor statute providing for death benefits
  619  for law enforcement officers, and the decedent’s survivors or
  620  estate are entitled to the death benefits provided in s. 112.19.
  621  However, this section does not prohibit survivors or the estate
  622  of the decedent from presenting a claim bill for approval by the
  623  Legislature in addition to the death benefits provided in this
  624  section.
  625         Section 6. Section 295.01, Florida Statutes, is reenacted
  626  and amended to read:
  627         295.01 Children of deceased or disabled veterans; spouses
  628  of deceased or disabled servicemembers; education.—
  629         (1) It is hereby declared to be the policy of the state to
  630  provide educational opportunity at state expense for dependent
  631  children either of whose parents entered the Armed Forces and:
  632         (a) Died as a result of service-connected injuries,
  633  disease, or disability sustained while on active duty;
  634         (b) Was accidentally killed or received accidental bodily
  635  injury resulting in the loss of life, while engaged in the
  636  performance of official duties, provided that such killing was
  637  not the result of suicide and that such bodily injury was not
  638  intentionally self-inflicted;
  639         (c) Was unlawfully and intentionally killed or died as a
  640  result of such unlawful and intentional act, while engaged in
  641  the performance of official duties, or was otherwise killed
  642  during active duty; or
  643         (d)(b) Has been:
  644         1. Determined by the United States Department of Veterans
  645  Affairs or its predecessor to have a service-connected 100
  646  percent total and permanent disability rating for compensation;
  647         2. Determined to have a service-connected total and
  648  permanent disability rating of 100 percent and is in receipt of
  649  disability retirement pay from any branch of the United States
  650  Armed Services; or
  651         3. Issued a valid identification card by the Department of
  652  Veterans’ Affairs in accordance with s. 295.17,
  653  
  654  when the parents of such children have been residents of the
  655  state or the duty post of the servicemember is within this state
  656  at the time of for 1 year immediately preceding the death or the
  657  occurrence of such disability, and subject to the rules,
  658  restrictions, and limitations set forth in this section.
  659         (2) It is also the declared policy of this state to provide
  660  educational opportunity at state expense for spouses of deceased
  661  or disabled servicemembers.
  662         (a) The unremarried spouse of a deceased servicemember, as
  663  defined in s. 250.01, qualifies for the benefits under this
  664  section:
  665         1. If the servicemember and his or her spouse had been
  666  residents of the state or the duty post of the servicemember is
  667  within this state at the time of for 1 year immediately
  668  preceding the servicemember’s death and the servicemember’s
  669  death occurred under the circumstances provided in subsection
  670  (1); and
  671         2. If the unremarried spouse applies to use the benefit
  672  within 5 years after the servicemember’s death.
  673         (b) The dependent spouse of a disabled servicemember, as
  674  defined in s. 250.01, qualifies for the benefits under this
  675  section:
  676         1. If the servicemember and his or her spouse have been
  677  married to each other for 1 year; and
  678         2. If the servicemember and his or her spouse have been
  679  residents of the state or the duty post of the servicemember is
  680  within this state at the time of for 1 year immediately
  681  preceding the occurrence of the servicemember’s disability and
  682  the disability meets the criteria set forth in subsection (1);
  683  and
  684         3. Only during the duration of the marriage and up to the
  685  point of termination of the marriage by dissolution or
  686  annulment.
  687  
  688  All rules, restrictions, and limitations set forth in this
  689  section shall apply.
  690         (3) Sections 295.03, 295.04, 295.05, and 1009.40 shall
  691  apply.
  692         (4) The State Board of Education shall adopt rules for
  693  administering this section.
  694         Section 7. Section 295.061, Florida Statutes, is created to
  695  read:
  696         295.061 Active duty servicemembers; death benefits.—
  697         (1) A death benefit must be paid by the state if an active
  698  duty member of the United States Armed Forces, while engaged in
  699  the performance of official duties, is:
  700         (a) Accidentally killed or receives accidental bodily
  701  injury that results in the loss of the member’s life, provided
  702  that such killing is not the result of suicide and that such
  703  bodily injury is not intentionally self-inflicted; or
  704         (b) Unlawfully and intentionally killed or dies as a result
  705  of such unlawful and intentional act or is otherwise killed
  706  during active duty.
  707         (2) The death benefits must be paid in the same manner as
  708  provided under s. 112.19 or any successor statute providing
  709  death benefits for law enforcement officers, except that waivers
  710  for educational expenses must be governed by the provisions of
  711  this chapter.
  712         (3) To qualify for the benefit, the deceased military
  713  member must have been a resident of this state, or his or her
  714  duty post must have been within this state, at the time of
  715  death.
  716         (4) Any benefits provided pursuant to this section are in
  717  addition to any other benefits provided under the
  718  Servicemembers’ Group Life Insurance program or any other
  719  program from the Federal Government.
  720         (5) The sum necessary to fund the benefits provided in this
  721  section shall be paid from the General Revenue Fund.
  722         Section 8. This act shall take effect July 1, 2019.

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