Bill Text: FL S7098 | 2019 | Regular Session | Enrolled
Bill Title: Death Benefits
Spectrum: Committee Bill
Status: (Passed) 2019-05-13 - Chapter No. 2019-24 [S7098 Detail]
Download: Florida-2019-S7098-Enrolled.html
ENROLLED 2019 Legislature CS for SB 7098 20197098er 1 2 An act relating to death benefits; reenacting and 3 amending ss. 112.19 and 112.191, F.S., relating to 4 death benefits for law enforcement, correctional, and 5 correctional probation officers and for firefighters, 6 respectively; revising definitions; revising the 7 payment amounts of death benefits; deleting the 8 provision requiring annual adjustment of the death 9 benefit amount; conforming provisions regarding the 10 waiver for specified educational expenses to changes 11 made by the act; creating s. 112.1911, F.S.; 12 establishing a death benefit for emergency medical 13 technicians and paramedics to conform to s. 31, Art. X 14 of the State Constitution; providing definitions; 15 specifying eligibility and payment amounts for such 16 death benefits; prescribing the procedure by which an 17 emergency medical technician or a paramedic designates 18 a beneficiary; specifying that such death benefits are 19 supplementary and exempt from creditors’ demands or 20 claims; specifying the financial responsibility of 21 employing agencies as to the payment of benefits; 22 creating s. 112.1912, F.S.; defining the term “first 23 responder”; providing a death benefit for certain 24 educational expenses for the surviving spouse and 25 children of certain first responders; authorizing a 26 specified number of hours to be waived by certain 27 educational institutions; providing requirements to 28 receive such benefit; requiring the State Board of 29 Education and the Board of Governors to adopt rules 30 and regulations, respectively; amending s. 250.34, 31 F.S.; modifying eligibility for certain death benefits 32 for a deceased member of the Florida National Guard, 33 to conform to s. 31, Art. X of the State Constitution; 34 reenacting and amending s. 295.01, F.S.; modifying 35 provisions governing educational expense waivers for 36 the child or spouse of a servicemember; creating s. 37 295.061, F.S.; providing definitions; establishing a 38 death benefit for active duty members of the United 39 States Armed Forces, to conform to s. 31, Art. X of 40 the State Constitution; specifying eligibility and 41 other requirements for entitlement to such benefits; 42 specifying the payment amount of such benefits; 43 prescribing the procedure by which an active duty 44 member designates a beneficiary; specifying that the 45 state-funded benefit is in addition to any federal 46 benefit; providing for funding of the death benefit; 47 requiring the state to waive certain educational 48 expenses of a child or spouse of a deceased active 49 duty member of the United States Armed Forces; 50 specifying conditions and requirements for the waiver; 51 authorizing the State Board of Education and the Board 52 of Governors to adopt rules and regulations, 53 respectively; providing an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Section 112.19, Florida Statutes, is reenacted 58 and amended to read: 59 112.19 Law enforcement, correctional, and correctional 60 probation officers; death benefits.— 61 (1) AsWheneverused in this section, the term: 62 (a) “Employer” means a state board, commission, department, 63 division, bureau, or agency, or a county, municipality, or other 64 political subdivision of the state, which employs, appoints, or 65 otherwise engages the services of law enforcement, correctional, 66 or correctional probation officers. 67 (b) “Law enforcement, correctional, or correctional 68 probation officer” means any officer as defined in s. 943.10(14) 69 or employee of the state or any political subdivision of the 70 state, including any law enforcement officer, correctional 71 officer, correctional probation officer, state attorney 72 investigator, or public defender investigator, whose duties 73 require such officer or employee to investigate, pursue, 74 apprehend, arrest, transport, or maintain custody of persons who 75 are charged with, suspected of committing, or convicted of a 76 crime; and the term includes any member of a bomb disposal unit 77 whose primary responsibility is the location, handling, and 78 disposal of explosive devices. The term also includes any full 79 time officer or employee of the state or any political 80 subdivision of the state, certified pursuant to chapter 943, 81 whose duties require such officer to serve process or to attend 82 a session of a circuit or county court as bailiff. 83 (c) “Insurance” means insurance procured from a stock 84 company or mutual company or association or exchange authorized 85 to do business as an insurer in this state. 86 (d) “Fresh pursuit” means the pursuit of a person who has 87 committed or is reasonably suspected of having committed a 88 felony, misdemeanor, traffic infraction, or violation of a 89 county or municipal ordinance. The term does not imply instant 90 pursuit, but pursuit without unreasonable delay. 91 (2)(a) The sum of $75,000 must$50,000, as adjusted92pursuant to paragraph (j), shallbe paid as provided in this 93 section when a law enforcement, correctional, or correctional 94 probation officer, while engaged in the performance of the 95 officer’s law enforcement duties, is accidentally killed or 96 receives accidental bodily injury which results in the loss of 97 the officer’s life, provided that such killing is not the result 98 of suicide and that such bodily injury is not intentionally 99 self-inflicted.Notwithstanding any other provision of law, in100no case shall the amount payable under this subsection be less101than the actual amount stated therein.102 (b) The sum of $75,000 must$50,000, as adjusted under103paragraph (j), shallbe paid as provided in this section if a 104 law enforcement, correctional, or correctional probation officer 105 is accidentally killed as specified in paragraph (a) and the 106 accidental death occurs: 107 1. As a result of the officer’s response to fresh pursuit; 108 2. As a result of the officer’s response to what is 109 reasonably believed to be an emergency; 110 3. At the scene of a traffic accident to which the officer 111 has responded; or 112 4. While the officer is enforcing what is reasonably 113 believed to be a traffic law or ordinance. 114 115 This sum is in addition to any sum provided for in paragraph 116 (a).Notwithstanding any other provision of law, in no case117shall the amount payable under this subsection be less than the118actual amount stated therein.119 (c) If a law enforcement, correctional, or correctional 120 probation officer, while engaged in the performance of the 121 officer’s law enforcement duties, is unlawfully and 122 intentionally killed or dies as a result of such unlawful and 123 intentional act, the sum of $225,000 must$150,000, as adjusted124pursuant to paragraph (j), shallbe paid as provided in this 125 section.Notwithstanding any other provision of law, in no case126shall the amount payable under this subsection be less than the127actual amount stated therein.128 (d) Such payments, pursuant tothe provisions ofparagraphs 129 (a), (b), and (c), whether secured by insurance or not, must 130shallbe made to the beneficiary designated by such law 131 enforcement, correctional, or correctional probation officer in 132 writing, signed by the officer and delivered to the employer 133 during the officer’s lifetime. If no such designation is made, 134 then the payments mustit shallbe paid to the officer’s 135 surviving child or children and to the officer’s surviving 136 spouse in equal portions, and if there is no surviving child or 137 spouse, then to the officer’s parent or parents. If a 138 beneficiary is not designated and there is no surviving child, 139 spouse, or parent, then the sum mustit shallbe paid to the 140 officer’s estate. 141 (e) Such payments, pursuant tothe provisions ofparagraphs 142 (a), (b), and (c), are in addition to any workers’ compensation 143 or retirement planpensionbenefits and are exempt from the 144 claims and demands of creditors of such law enforcement, 145 correctional, or correctional probation officer. 146 (f) If a full-time law enforcement, correctional, or 147 correctional probation officer who is certified pursuant to 148 chapter 943 and employed by a state agency is killed in the line 149 of duty while the officer is engaged in the performance of law 150 enforcement duties or as a result of an assault against the 151 officer under riot conditions: 152 1. The sum of $1,000 mustshallbe paid, as provided for in 153 paragraph (d), toward the funeral and burial expenses of such 154 officer. Such benefits are in addition to any other benefits to 155 which employee beneficiaries and dependents are entitled under 156 the Workers’ Compensation Law or any other state or federal 157 statutes; and 158 2. The officer’s employing agency may pay up to $5,000 159 directly toward the venue expenses associated with the funeral 160 and burial services of such officer. 161 (g) Any political subdivision of the state that employs a 162 full-time law enforcement officer as defined in s. 943.10(1) or 163 a full-time correctional officer as defined in s. 943.10(2) who 164 is killed in the line of duty on or after July 1, 1993, as a 165 result of an act of violence inflicted by another person while 166 the officer is engaged in the performance of law enforcement 167 duties or as a result of an assault against the officer under 168 riot conditions shall pay the entire premium of the political 169 subdivision’s health insurance plan for the employee’s surviving 170 spouse until remarried, and for each dependent child of the 171 employee until the child reaches the age of majority or until 172 the end of the calendar year in which the child reaches the age 173 of 25 if: 174 1. At the time of the employee’s death, the child is 175 dependent upon the employee for support; and 176 2. The surviving child continues to be dependent for 177 support, or the surviving child is a full-time or part-time 178 student and is dependent for support. 179 (h)1. Any employer who employs a full-time law enforcement, 180 correctional, or correctional probation officer who, on or after 181 January 1, 1995, suffers a catastrophic injury, as defined in s. 182 440.02, Florida Statutes 2002, in the line of duty shall pay the 183 entire premium of the employer’s health insurance plan for the 184 injured employee, the injured employee’s spouse, and for each 185 dependent child of the injured employee until the child reaches 186 the age of majority or until the end of the calendar year in 187 which the child reaches the age of 25 if the child continues to 188 be dependent for support, or the child is a full-time or part 189 time student and is dependent for support. The term “health 190 insurance plan” does not include supplemental benefits that are 191 not part of the basic group health insurance plan. If the 192 injured employee subsequently dies, the employer shall continue 193 to pay the entire health insurance premium for the surviving 194 spouse until remarried, and for the dependent children, under 195 the conditions outlined in this paragraph. However: 196 a. Health insurance benefits payable from any other source 197 shall reduce benefits payable under this section. 198 b. It is unlawful for a person to willfully and knowingly 199 make, or cause to be made, or to assist, conspire with, or urge 200 another to make, or cause to be made, any false, fraudulent, or 201 misleading oral or written statement to obtain health insurance 202 coverage as provided under this paragraph. A person who violates 203 this sub-subparagraph commits a misdemeanor of the first degree, 204 punishable as provided in s. 775.082 or s. 775.083. 205 c. In addition to any applicable criminal penalty, upon 206 conviction for a violation as described in sub-subparagraph b., 207 a law enforcement, correctional, or correctional probation 208 officer or other beneficiary who receives or seeks to receive 209 health insurance benefits under this paragraph shall forfeit the 210 right to receive such health insurance benefits, and shall 211 reimburse the employer for all benefits paid due to the fraud or 212 other prohibited activity. For purposes of this sub 213 subparagraph, the term “conviction” means a determination of 214 guilt that is the result of a plea or trial, regardless of 215 whether adjudication is withheld. 216 2. In order for the officer, spouse, and dependent children 217 to be eligible for such insurance coverage, the injury must have 218 occurred as the result of the officer’s response to fresh 219 pursuit, the officer’s response to what is reasonably believed 220 to be an emergency, or an unlawful act perpetrated by another. 221 Except as otherwise provided herein,nothing inthis paragraph 222 may notshallbe construed to limit health insurance coverage 223 for which the officer, spouse, or dependent children may 224 otherwise be eligible, except that a person who qualifies under 225 this section isshallnotbeeligible for the health insurance 226 subsidy provided under chapter 121, chapter 175, or chapter 185. 227 (i) The Bureau of Crime Prevention and Training within the 228 Department of Legal Affairs shall adopt rules necessary to 229 implement paragraphs (a), (b), and (c). 230(j) Any payments made pursuant to paragraph (a), paragraph231(b), or paragraph (c) shall consist of the statutory amount232adjusted to reflect price level changes since the effective date233of this act. The Bureau of Crime Prevention and Training shall234by rule adjust the statutory amount based on the Consumer Price235Index for All Urban Consumers published by the United States236Department of Labor. Adjustment shall be made July 1 of each237year using the most recent month for which data are available at238the time of the adjustment.239 (3) If a law enforcement, correctional, or correctional 240 probation officer is accidentally killed as specified in 241 paragraph (2)(b) on or after June 22, 1990, but before July 1, 242 2019, or unlawfully and intentionally killed as specified in 243 paragraph (2)(c) on or after July 1, 1980, but before July 1, 244 2019, the state mustshallwaive certain educational expenses 245 that the child or spouse of the deceased officer incurs while 246 obtaining a career certificate, an undergraduate education, or a 247 postgraduate education. The amount waived by the state must 248shallbe in an amount equal to the cost of tuition and 249 matriculation and registration fees for a total of 120 credit 250 hours. The child or spouse may attend a state career center, a 251 Florida College System institution, or a state university. The252child or spouse may attend any or all of the institutions253specified in this subsection,on either a full-time or part-time 254 basis. The benefits provided to a child under this subsection 255 shall continue until the child’s 25th birthday. The benefits 256 provided to a spouse under this subsection must commence within 257 5 years after the death occurs, and entitlement thereto shall 258 continue until the 10th anniversary of that death. 259 (a) Upon failure of any child or spouse who receives a 260 waiver in accordance withbenefited by the provisions ofthis 261 subsection to comply with the ordinary and minimum requirements 262 regarding discipline and scholarship of the institution 263 attended, suchboth as to discipline and scholarship, the264 benefits mustshallbe withdrawn as to the child or spouse and 265 no further moneys may be expended for the child’s or spouse’s 266 benefits so long as such failure or delinquency continues. 267 (b) Only a student in good standing in his or her 268 respective institution may receive the benefits provided in this 269 subsectionthereof. 270 (c) A child or spouse receiving benefits under this 271 subsection must be enrolled according to the customary rules and 272 requirements of the institution attended. 273 (4)(a) The employer of such law enforcement, correctional, 274 or correctional probation officer is liable for the payment of 275 the sums specified in this section and is deemed self-insured, 276 unless it procures and maintains, or has already procured and 277 maintained, insurance to secure such payments. Any such 278 insurance may cover only the risks indicated in this section, in 279 the amounts indicated in this section, or it may cover those 280 risks and additional risks and may be in larger amounts. Any 281 such insurance mustshallbe placed by such employer only after 282 public bid of such insurance coverage which mustcoverage shall283 be awarded to the carrier making the lowest best bid. 284 (b) Payment of benefits to beneficiaries of state 285 employees, or of the premiums to cover the risk, underthe286provisions ofthis section mustshallbe paid from existing 287 funds otherwise appropriated to the department employing the law 288 enforcement, correctional, or correctional probation officers. 289 (5) The State Board of Education shall adopt rules and 290 procedures, and the Board of Governors shall adopt regulations 291 and procedures, as are appropriate and necessary to implement 292 the educational benefits provisions of this section. 293 (6) Notwithstanding any provision of this section to the 294 contrary, the death benefits provided in paragraphs (2)(c) and 295 (g) shall also be applicable and paid in cases where an officer 296 received bodily injury beforeprior toJuly 1, 1993, and 297 subsequently died on or after July 1, 1993, as a result of such 298 in-line-of-duty injury attributable to an unlawful and 299 intentional act, or an act of violence inflicted by another, or 300 an assault on the officer under riot conditions. Payment of such 301 benefits mustshallbe in accordance withprovisions ofthis 302 section.Nothing inThis subsection may notprovision shallbe 303 construed to limit death benefits for which those individuals 304 listed in paragraph (2)(d) may otherwise be eligible. 305 Section 2. Section 112.191, Florida Statutes, is reenacted 306 and amended to read: 307 112.191 Firefighters; death benefits.— 308 (1) AsWheneverused in this section, the termact: 309 (a)The term“Employer” means a state board, commission, 310 department, division, bureau, or agency, or a county, 311 municipality, or other political subdivision of the state. 312 (b)The term“Firefighter” means anyfull-timeduly 313 employed uniformed firefighter employed by an employer, whose 314 primary duty is the prevention and extinguishing of fires, the 315 protection of life and property therefrom, the enforcement of 316 municipal, county, and state fire prevention codes, as well as 317 the enforcement of any law pertaining to the prevention and 318 control of fires, who is certified pursuant to s. 633.408 and 319 who is a member of a duly constituted fire department of such 320 employer or who is a volunteer firefighter. 321 (c)The term“Insurance” means insurance procured from a 322 stock company or mutual company or association or exchange 323 authorized to do business as an insurer in this state. 324 (2)(a) The sum of $75,000 must$50,000, as adjusted325pursuant to paragraph (i), shallbe paid as provided in this 326 section when a firefighter, while engaged in the performance of 327 his or her firefighter duties, is accidentally killed or 328 receives accidental bodily injury which subsequently results in 329 the loss of the firefighter’s life, provided that such killing 330 is not the result of suicide and that such bodily injury is not 331 intentionally self-inflicted.Notwithstanding any other332provision of law, in no case shall the amount payable under this333subsection be less than the actual amount stated therein.334 (b) The sum of $75,000 must$50,000, as adjusted pursuant335to paragraph (i), shallbe paid as provided in this section if a 336 firefighter is accidentally killed as specified in paragraph (a) 337 and the accidental death occurs as a result of the firefighter’s 338 response to what is reasonably believed to be an emergency 339 involving the protection of life or property or the 340 firefighter’s participation in a training exercise. This sum is 341 in addition to any sum provided in paragraph (a). 342Notwithstanding any other provision of law, the amount payable343under this subsection may not be less than the actual amount344stated therein.345 (c) If a firefighter, while engaged in the performance of 346 his or her firefighter duties, is unlawfully and intentionally 347 killed, is injured by an unlawful and intentional act of another 348 person and dies as a result of such injury, dies as a result of 349 a fire which has been determined to have been caused by an act 350 of arson, or subsequently dies as a result of injuries sustained 351 therefrom, the sum of $225,000 must$150,000, as adjusted352pursuant to paragraph (i), shallbe paid as provided in this 353 section.Notwithstanding any other provision of law, the amount354payable under this subsection may not be less than the actual355amount stated therein.356 (d) Such payments, pursuant to paragraphs (a), (b), and 357 (c), whether secured by insurance or not, mustshallbe made to 358 the beneficiary designated by such firefighter in writing, 359 signed by the firefighter and delivered to the employer during 360 the firefighter’s lifetime. If no such designation is made, then 361 the payment mustit shallbe paid to the firefighter’s surviving 362 child or children and to the firefighter’s surviving spouse in 363 equal portions, and if there be no surviving child or spouse, 364 then to the firefighter’s parent or parents. If a beneficiary 365 designation is not made and there is no surviving child, spouse, 366 or parent, then the sum mustit shallbe paid to the 367 firefighter’s estate. 368 (e) Such payments, pursuant tothe provisions ofparagraphs 369 (a), (b), and (c), areshall bein addition to any workers’ 370 compensation or retirement planpensionbenefits and areshall371beexempt from the claims and demands of creditors of such 372 firefighter. 373 (f) Any political subdivision of the state that employs a 374 full-time firefighter who is killed in the line of duty on or 375 after July 1, 1993, as a result of an act of violence inflicted 376 by another person while the firefighter is engaged in the 377 performance of firefighter duties, as a result of a fire which 378 has been determined to have been caused by an act of arson, or 379 as a result of an assault against the firefighter under riot 380 conditions shall pay the entire premium of the political 381 subdivision’s health insurance plan for the employee’s surviving 382 spouse until remarried, and for each dependent child of the 383 employee until the child reaches the age of majority or until 384 the end of the calendar year in which the child reaches the age 385 of 25 if: 386 1. At the time of the employee’s death, the child is 387 dependent upon the employee for support; and 388 2. The surviving child continues to be dependent for 389 support, or the surviving child is a full-time or part-time 390 student and is dependent for support. 391 (g)1. Any employer who employs a full-time firefighter who, 392 on or after January 1, 1995, suffers a catastrophic injury, as 393 defined in s. 440.02, Florida Statutes 2002, in the line of duty 394 shall pay the entire premium of the employer’s health insurance 395 plan for the injured employee, the injured employee’s spouse, 396 and for each dependent child of the injured employee until the 397 child reaches the age of majority or until the end of the 398 calendar year in which the child reaches the age of 25 if the 399 child continues to be dependent for support, or the child is a 400 full-time or part-time student and is dependent for support. The 401 term “health insurance plan” does not include supplemental 402 benefits that are not part of the basic group health insurance 403 plan. If the injured employee subsequently dies, the employer 404 shall continue to pay the entire health insurance premium for 405 the surviving spouse until remarried, and for the dependent 406 children, under the conditions outlined in this paragraph. 407 However: 408 a. Health insurance benefits payable from any other source 409 shall reduce benefits payable under this section. 410 b. It is unlawful for a person to willfully and knowingly 411 make, or cause to be made, or to assist, conspire with, or urge 412 another to make, or cause to be made, any false, fraudulent, or 413 misleading oral or written statement to obtain health insurance 414 coverage as provided under this paragraph. A person who violates 415 this sub-subparagraph commits a misdemeanor of the first degree, 416 punishable as provided in s. 775.082 or s. 775.083. 417 c. In addition to any applicable criminal penalty, upon 418 conviction for a violation as described in sub-subparagraph b., 419 a firefighter or other beneficiary who receives or seeks to 420 receive health insurance benefits under this paragraph shall 421 forfeit the right to receive such health insurance benefits, and 422 shall reimburse the employer for all benefits paid due to the 423 fraud or other prohibited activity. For purposes of this sub 424 subparagraph, the term “conviction” means a determination of 425 guilt that is the result of a plea or trial, regardless of 426 whether adjudication is withheld. 427 2. In order for the firefighter, spouse, and dependent 428 children to be eligible for such insurance coverage, the injury 429 must have occurred as the result of the firefighter’s response 430 to what is reasonably believed to be an emergency involving the 431 protection of life or property, or an unlawful act perpetrated 432 by another. Except as otherwise provided herein,nothing inthis 433 paragraph may notshallbe construed to limit health insurance 434 coverage for which the firefighter, spouse, or dependent 435 children may otherwise be eligible, except that a person who 436 qualifies for benefits under this section isshallnotbe437 eligible for the health insurance subsidy provided under chapter 438 121, chapter 175, or chapter 185. 439 440 Notwithstanding any provision of this section to the contrary, 441 the death benefits provided in paragraphs (b), (c), and (f) 442 shall also be applicable and paid in cases where a firefighter 443 received bodily injury prior to July 1, 1993, and subsequently 444 died on or after July 1, 1993, as a result of such in-line-of 445 duty injury. 446 (h) The Division of the State Fire Marshal within the 447 Department of Financial Services shall adopt rules necessary to 448 implement this section. 449(i) Any payments made pursuant to paragraph (a), paragraph450(b), or paragraph (c) shall consist of the statutory amount451adjusted to show price level changes in the Consumer Price Index452for All Urban Consumers published by the United States453Department of Labor since July 1, 2002. The Division of State454Fire Marshal, using the most recent month for which Consumer455Price Index data is available, shall, on June 15 of each year,456calculate and publish on the division’s Internet website the457amount resulting from the adjustments to the statutory amounts.458The adjusted statutory amounts shall be effective on July 1 of459each year.460 (3) If a firefighter is accidentally killed as specified in 461 paragraph (2)(b) on or after June 22, 1990, but before July 1, 462 2019, or unlawfully and intentionally killed as specified in 463 paragraph (2)(c), on or after July 1, 1980, but before July 1, 464 2019, the state mustshallwaive certain educational expenses 465 that the child or spouse of the deceased firefighter incurs 466 while obtaining a career certificate, an undergraduate 467 education, or a postgraduate education. The amount waived by the 468 state mustshallbe in an amount equal to the cost of tuition 469 and matriculation and registration fees for a total of 120 470 credit hours. The child or spouse may attend a state career 471 center, a Florida College System institution, or a state 472 university. The child or spouse may attend any or all of the473institutions specified in this subsection,on either a full-time 474 or part-time basis. The benefits provided to a child under this 475 subsection shall continue until the child’s 25th birthday. The 476 benefits provided to a spouse under this subsection must 477 commence within 5 years after the death occurs, and entitlement 478 thereto shall continue until the 10th anniversary of that death. 479 (a) Upon failure of any child or spouse who receives a 480 waiver in accordance withbenefited by the provisions ofthis 481 subsection to comply with the ordinary and minimum requirements 482 regarding discipline and scholarship of the institution 483 attended, suchboth as to discipline and scholarship, the484 benefits mustthereof shallbe withdrawn as to the child or 485 spouse and no further moneys expended for the child’s or 486 spouse’s benefits so long as such failure or delinquency 487 continues. 488 (b) Only students in good standing in their respective 489 institutions mayshallreceive the benefits provided in this 490 subsectionthereof. 491 (c) A child or spouse receiving benefits under this 492 subsection must be enrolled according to the customary rules and 493 requirements of the institution attended. 494 (4)(a) The employer of such firefighter isshall beliable 495 for the payment of thesaidsums specified in this section and 496 isshall bedeemed self-insured, unless it procures and 497 maintains, or has already procured and maintained, insurance to 498 secure such payments. Any such insurance may cover only the 499 risks indicated in this section, in the amounts indicated in 500 this section, or it may cover those risks and additional risks 501 and may be in larger amounts. Any such insurance mustshallbe 502 placed by such employer only after public bid of such insurance 503 coverage which mustcoverage shallbe awarded to the carrier 504 making the lowest best bid. 505 (b) Payment of benefits to beneficiaries of state 506 employees, or of the premiums to cover the risk, underthe507provisions ofthis section, mustshallbe paid from existing 508 funds otherwise appropriated for the department. 509 (5) The State Board of Education shall adopt rules and 510 procedures, and the Board of Governors shall adopt regulations 511 and procedures, as are appropriate and necessary to implement 512 the educational benefits provisions of this section. 513 Section 3. Section 112.1911, Florida Statutes, is created 514 to read: 515 112.1911 Emergency medical technicians and paramedics; 516 death benefits.— 517 (1) As used in this section, the term: 518 (a) “Emergency medical technician” means a person who is 519 certified by the Department of Health to perform basic life 520 support pursuant to part III of chapter 401, who is employed by 521 an employer, and whose primary duties and responsibilities 522 include on-the-scene emergency medical care. 523 (b) “Employer” means a state board, commission, department, 524 division, bureau, or agency, or a county, municipality, or other 525 political subdivision of the state. 526 (c) “Insurance” means insurance procured from a stock 527 company or mutual company, or an association or exchange 528 authorized to do business as an insurer in this state. 529 (d) “Paramedic” means a person who is certified by the 530 Department of Health to perform basic and advanced life support 531 pursuant to part III of chapter 401, who is employed by an 532 employer, and whose primary duties and responsibilities include 533 on-the-scene emergency medical care. 534 (2)(a) The sum of $75,000 must be paid as provided in this 535 section when an emergency medical technician or a paramedic, 536 while engaged in the performance of his or her official duties, 537 is accidentally killed or receives an accidental bodily injury 538 that subsequently results in the loss of the individual’s life, 539 provided that such killing is not the result of suicide and that 540 such bodily injury is not intentionally self-inflicted. 541 (b) The sum of $75,000 must be paid as provided in this 542 section if an emergency medical technician or a paramedic is 543 accidentally killed as specified in paragraph (a) and the 544 accidental death occurs as a result of the emergency medical 545 technician’s or paramedic’s response to what is reasonably 546 believed to be an emergency involving the protection of life. 547 This sum is in addition to any sum provided under paragraph (a). 548 (c) If an emergency medical technician or a paramedic, 549 while engaged in the performance of his or her official duties, 550 is unlawfully and intentionally killed or is injured by an 551 unlawful and intentional act of another person and dies as a 552 result of such injury, the sum of $225,000 must be paid as 553 provided in this section. 554 (d) Such payments, pursuant to paragraphs (a), (b), and 555 (c), whether secured by insurance or not, must be made to the 556 beneficiary designated by such emergency medical technician or 557 paramedic in a written and signed form, which must be delivered 558 to the employer during the emergency medical technician’s or 559 paramedic’s lifetime. If no such designation is made, then the 560 payments must be made to the emergency medical technician’s or 561 paramedic’s surviving child or children and to his or her 562 surviving spouse in equal portions, or if there is no surviving 563 child or spouse, must be made to the emergency medical 564 technician’s or paramedic’s parent or parents. If a beneficiary 565 is not designated and there is no surviving child, spouse, or 566 parent, then the sum must be paid to the emergency medical 567 technician’s or paramedic’s estate. 568 (e) Such payments, pursuant to paragraphs (a), (b), and 569 (c), are in addition to any workers’ compensation or retirement 570 plan benefits and are exempt from the claims and demands of 571 creditors of such emergency medical technician or paramedic. 572 (3)(a) The employer of an emergency medical technician or a 573 paramedic is liable for the payment of the benefits specified in 574 this section and is deemed self-insured, unless it procures and 575 maintains, or has already procured and maintained, insurance to 576 cover such payments. Any such insurance may cover only the risks 577 indicated in this section, in the amounts indicated in this 578 section, or it may cover those risks and additional risks and 579 may be in larger amounts. Any such insurance must be placed by 580 such employer only after public bid of such insurance coverage, 581 which must be awarded to the carrier making the lowest best bid. 582 (b) Payment of benefits to beneficiaries of state 583 employees, or of the premiums to cover the risk, under this 584 section, must be paid from existing funds otherwise appropriated 585 to the agency that employed the emergency medical technician or 586 paramedic. 587 Section 4. Section 112.1912, Florida Statutes, is created 588 to read: 589 112.1912 First responders; death benefits for educational 590 expenses.— 591 (1) As used in this section, the term “first responder” 592 means: 593 (a) A law enforcement, correctional, or correctional 594 probation officer as defined in s. 112.19(1) who is killed as 595 provided in s. 112.19(2) on or after July 1, 2019; 596 (b) A firefighter as defined in s. 112.191(1) who is killed 597 as provided in s. 112.191(2) on or after July 1, 2019; or 598 (c) An emergency medical technician or a paramedic, as 599 defined in s. 112.1911(1), who is killed as provided in s. 600 112.1911(2) on or after July 1, 2019. 601 (2)(a) The state shall waive certain educational expenses 602 that the child or spouse of a deceased first responder incurs 603 while obtaining a career certificate, an undergraduate 604 education, or a postgraduate education. The amount waived by the 605 state must be in an amount equal to the cost of tuition and 606 matriculation and registration fees for a total of 120 credit 607 hours. The child or the spouse may attend a state career center, 608 a Florida College System institution, or a state university on 609 either a full-time or part-time basis. The benefits provided to 610 a child under this subsection must continue until the child’s 611 25th birthday. The benefits provided to a spouse under this 612 subsection must commence within 5 years after the first 613 responder’s death occurs and may continue until the 10th 614 anniversary of that death. 615 (b) Upon failure of any child or spouse who receives a 616 waiver in accordance with this subsection to comply with the 617 ordinary and minimum requirements regarding discipline and 618 scholarship of the institution attended, such benefits to the 619 child or the spouse must be withdrawn and no further moneys may 620 be expended for the child’s or spouse’s benefits so long as such 621 failure or delinquency continues. 622 (c) Only a student in good standing in his or her 623 respective institution may receive the benefits provided in this 624 subsection. 625 (d) A child or spouse receiving benefits under this 626 subsection must be enrolled according to the customary rules and 627 requirements of the institution attended. 628 (e) The State Board of Education shall adopt rules and 629 procedures, and the Board of Governors shall adopt regulations 630 and procedures, as are appropriate and necessary to implement 631 this subsection. 632 Section 5. Subsection (4) of section 250.34, Florida 633 Statutes, is amended to read: 634 250.34 Injury or death on state active duty.— 635 (4) Each member of the Florida National Guard who is 636 killed, or who dies as the result of injuries incurred, while on 637 state active duty under competent orders and while engaged in 638 the performance of the member’s official duties qualifies for 639 benefits as a law enforcement officer under ss.pursuant tos.640 112.19 and 112.1912 or any successor statute providing for death 641 benefits for law enforcement officers, and the decedent’s 642 survivors or estate are entitled to the death benefits provided 643 in ss.s.112.19 and 112.1912. However, this section does not 644 prohibit survivors or the estate of the decedent from presenting 645 a claim bill for approval by the Legislature in addition to the 646 death benefits provided in this section. Each member of the 647 Florida National Guard who is killed, or who dies as the result 648 of injuries incurred, while on active duty qualifies for 649 benefits as a member of the United States Armed Forces under s. 650 295.061, and the decedent’s survivors or estate are entitled to 651 the death benefits provided in s. 295.061. 652 Section 6. Section 295.01, Florida Statutes, is reenacted 653 and amended to read: 654 295.01 Children of deceased or disabled veterans; spouses 655 of deceased or disabled servicemembers; education.— 656 (1) It ishereby declared to bethe policy of the state to 657 provide educational opportunity at state expense for dependent 658 children either of whose parents entered the Armed Forces and: 659 (a) Died as a result of service-connected injuries, 660 disease, or disability sustained while on active duty; or 661 (b) Has been: 662 1. Determined by the United States Department of Veterans 663 Affairs or its predecessor to have a service-connected 100 664 percent total and permanent disability rating for compensation; 665 2. Determined to have a service-connected total and 666 permanent disability rating of 100 percent and is in receipt of 667 disability retirement pay from any branch of the United States 668 Armed Services; or 669 3. Issued a valid identification card by the Department of 670 Veterans’ Affairs in accordance with s. 295.17, 671 672 when the parents of such children have been residents of the 673 state for 1 year immediately preceding the death or the 674 occurrence of such disability, and subject to the rules, 675 restrictions, and limitations set forth in this section. 676 (2) It is also the declared policy of this state to provide 677 educational opportunity at state expense for spouses of deceased 678 or disabled servicemembers. 679 (a) The unremarried spouse of a deceased servicemember, as 680 defined in s. 250.01, qualifies for the benefits under this 681 section: 682 1. If the servicemember and his or her spouse had been 683 residents of the state for 1 year immediately preceding the 684 servicemember’s death and the servicemember’s death occurred 685 under the circumstances provided in subsection (1); and 686 2. If the unremarried spouse applies to use the benefit 687 within 5 years after the servicemember’s death. 688 (b) The dependent spouse of a disabled servicemember, as 689 defined in s. 250.01, qualifies for the benefits under this 690 section: 691 1. If the servicemember and his or her spouse have been 692 married to each other for 1 year; and 693 2. If the servicemember and his or her spouse have been 694 residents of the state for 1 year immediately preceding the 695 occurrence of the servicemember’s disability and the disability 696 meets the criteria set forth in subsection (1); and 697 3. Only during the duration of the marriage and up to the 698 point of termination of the marriage by dissolution or 699 annulment. 700 701 All rules, restrictions, and limitations set forth in this 702 section shall apply. 703 (3) Sections 295.03, 295.04, 295.05, and 1009.40 shall 704 apply. 705 (4) The State Board of Education shall adopt rules for 706 administering this section. 707 (5) A child or spouse of a servicemember may receive 708 benefits under either this section or s. 295.061. 709 Section 7. Section 295.061, Florida Statutes, is created to 710 read: 711 295.061 Active duty servicemembers; death benefits.— 712 (1) As used in this section, the term: 713 (a) “Active duty” has the same meaning as provided in s. 714 250.01. 715 (b) “United States Armed Forces” means the United States 716 Army, Navy, Air Force, Marine Corps, and Coast Guard. 717 (2) The sum of $75,000 must be paid by the state if a 718 member of the United States Armed Forces, while on active duty 719 and engaged in the performance of his or her official duties, is 720 killed or receives a bodily injury that results in the loss of 721 the member’s life, provided that such killing is not the result 722 of suicide and that such bodily injury is not intentionally 723 self-inflicted. 724 (3) The sum of $25,000 must be paid by the state if a 725 member of the United States Armed Forces, while on active duty, 726 is killed other than as specified in subsection (2), provided 727 that the killing is not the result of suicide and that such 728 bodily injury is not intentionally self-inflicted. 729 (4) Payment of benefits made under subsection (2) or 730 subsection (3) must be paid to the beneficiary designated by 731 such member in writing and delivered to the Department of 732 Military Affairs during the member’s lifetime. If no such 733 designation is made, then the payments must be paid to the 734 member’s surviving child or children and to his or her surviving 735 spouse in equal portions, or if there is no surviving child or 736 spouse, must be made to the member’s parent or parents. If a 737 beneficiary is not designated and there is no surviving child, 738 spouse, or parent, then the sum must be paid to the member’s 739 estate. 740 (5) To qualify for the benefits provided in this section, 741 the deceased military member must have been a resident of this 742 state, or his or her duty post must have been within this state, 743 at the time of death. 744 (6) Any benefits provided pursuant to this section are in 745 addition to any other benefits provided under the 746 Servicemembers’ Group Life Insurance program or any other 747 federal program. Benefits granted pursuant to this section are 748 exempt from the claims and demands of creditors of such member. 749 (7) Benefits provided under subsection (2) or subsection 750 (3) shall be paid from the General Revenue Fund. Beginning in 751 the 2019-2020 fiscal year and continuing each fiscal year 752 thereafter, a sum sufficient to pay such benefits is 753 appropriated from the General Revenue Fund to the Department of 754 Financial Services for the purposes of paying such benefits. 755 (8)(a) If an active duty member is killed as specified in 756 subsection (2) or subsection (3), the state must waive certain 757 educational expenses that the child or the spouse of the 758 deceased member incurs while obtaining a career certificate, an 759 undergraduate education, or a postgraduate education. The amount 760 waived by the state must be in an amount equal to the cost of 761 tuition and matriculation and registration fees for a total of 762 120 credit hours. The child or the spouse may attend a state 763 career center, a Florida College System institution, or a state 764 university on either a full-time or part-time basis. The 765 benefits provided to a child under this subsection must continue 766 until the child’s 25th birthday. The benefits provided to a 767 spouse under this subsection must commence within 5 years after 768 the death occurs and may continue until the 10th anniversary of 769 that death. 770 (b) Upon failure of any child or spouse who receives a 771 waiver in accordance with this subsection to comply with the 772 ordinary and minimum requirements regarding discipline and 773 scholarship of the institution attended, such benefits to the 774 child or the spouse must be withdrawn and no further moneys may 775 be expended for the child’s or spouse’s benefits so long as such 776 failure or delinquency continues. 777 (c) Only a student in good standing in his or her 778 respective institution may receive the benefits provided in this 779 subsection. 780 (d) A child or spouse who is receiving benefits under this 781 subsection shall be enrolled according to the customary rules 782 and requirements of the institution attended. 783 (e) A child or spouse of a member may receive benefits 784 under either this subsection or s. 295.01. 785 (f) The State Board of Education shall adopt rules and 786 procedures, and the Board of Governors shall adopt regulations 787 and procedures, as are appropriate and necessary to implement 788 this subsection. 789 Section 8. This act shall take effect July 1, 2019.