Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 136
       
       
       
       
       
                               Ì218244%Î218244                          
       
       585-01209A-15                                                   
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending ss. 112.19 and 112.191, F.S.; specifying
    4         eligibility of a monthly death benefit payment to the
    5         surviving spouse, child, or joint annuitant of a law
    6         enforcement officer, correctional officer,
    7         correctional probation officer, or firefighter
    8         employed by a state agency; providing an annual
    9         appropriation; specifying applicability; authorizing
   10         political subdivisions to offer a monthly death
   11         benefit; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (4) of section 112.19, Florida
   16  Statutes, is amended, present subsection (6) of that section is
   17  redesignated as subsection (8), and a new subsection (6) and
   18  subsection (7) are added to that section, to read:
   19         112.19 Law enforcement, correctional, and correctional
   20  probation officers; death benefits.—
   21         (4)(a) The employer of such law enforcement, correctional,
   22  or correctional probation officer is liable for the payment of
   23  the sums specified in subsection (2) this section and is deemed
   24  self-insured, unless it procures and maintains, or has already
   25  procured and maintained, insurance to secure such payments. Any
   26  such insurance may cover only the risks indicated in subsection
   27  (2) this section, in the amounts indicated in subsection (2)
   28  this section, or it may cover those risks and additional risks
   29  and may be in larger amounts. Any such insurance shall be placed
   30  by such employer only after public bid of such insurance
   31  coverage which coverage shall be awarded to the carrier making
   32  the lowest best bid.
   33         (b) Payment of benefits to beneficiaries of state
   34  employees, or of the premiums to cover the risk, under
   35  subsection (2) the provisions of this section shall be paid from
   36  existing funds otherwise appropriated to the department
   37  employing the law enforcement, correctional, or correctional
   38  probation officers.
   39         (6)(a)If a law enforcement, correctional, or correctional
   40  probation officer who is employed by a state agency is killed in
   41  the line of duty; is killed when off-duty while acting in an
   42  official capacity to prevent injury, death, or loss of property;
   43  or is otherwise killed by reason of his or her employment as a
   44  law enforcement, correctional, or correctional probation
   45  officer, the following benefits shall be paid:
   46         1. The surviving spouse shall receive a monthly payment
   47  equal to 50 percent of the monthly salary received by the law
   48  enforcement, correctional, or correctional probation officer at
   49  the time of death for the lesser of the surviving spouse’s
   50  lifetime or 300 months.
   51         2. If the surviving spouse of the law enforcement,
   52  correctional, or correctional probation officer dies before
   53  receiving 300 monthly payments, the monthly payment that would
   54  have been payable to the surviving spouse had the spouse lived
   55  shall be paid for the use and benefit of the child or children
   56  of such law enforcement, correctional, or correctional probation
   57  officer until the later of:
   58         a. The 21st birthday of the youngest child of the law
   59  enforcement, correctional, or correctional probation officer.
   60         b. The 25th birthday of any child of the law enforcement,
   61  correctional, or correctional probation officer as long as the
   62  child is enrolled for a minimum of 12 credit hours per semester
   63  or academic term at an eligible educational institution, as
   64  defined in s. 1009.97(3).
   65         c. The day a child of the law enforcement, correctional, or
   66  correctional probation officer who is physically disabled or
   67  mentally disabled and incapable of self-support is no longer
   68  disabled. The Department of Management Services may require
   69  proof of disability or continued disability in the same manner
   70  as is provided for a person seeking or receiving a disability
   71  retirement benefit under s. 121.091(4).
   72         3. If the law enforcement, correctional, or correctional
   73  probation officer does not have a surviving spouse but is
   74  survived by a child or children younger than 25 years of age,
   75  the benefits provided under subparagraph 1., normally payable to
   76  a surviving spouse, shall be paid for the use and benefit of the
   77  child or children of such law enforcement, correctional, or
   78  correctional probation officer under the same terms and
   79  conditions provided in subparagraph 2.
   80         4. If a law enforcement, correctional, or correctional
   81  probation officer does not have a surviving spouse or surviving
   82  child but is survived by a joint annuitant receiving benefits
   83  under chapter 121, the benefits provided under subparagraph 1.,
   84  normally payable to a surviving spouse, shall be paid for the
   85  use and benefit of the joint annuitant, as defined in s.
   86  121.021, of such law enforcement, correctional, or correctional
   87  probation officer for the same time period as the joint
   88  annuitant receives benefits under chapter 121, not to exceed 300
   89  months.
   90         (b) There is annually appropriated from the General Revenue
   91  Fund, to be paid into the State Risk Management Trust Fund
   92  within the Department of Financial Services, an amount necessary
   93  to cover the annual costs associated with payment of the
   94  benefits authorized by this subsection.
   95         (c) The benefits authorized by this subsection are in
   96  addition to all other benefits authorized by this section or
   97  chapter 121.
   98         (d) The benefits shall be paid only for law enforcement,
   99  correctional, and correctional probation officers killed on or
  100  after July 1, 2015.
  101         (7) A county, municipality, or other political subdivision
  102  of the state may offer, at its expense, benefits not to exceed
  103  the benefits specified in subsection (6) to law enforcement,
  104  correctional, or correctional probation officers employed by
  105  such entity.
  106         Section 2. Subsection (4) of section 112.191, Florida
  107  Statutes, is amended, present subsection (5) of that section is
  108  redesignated as subsection (7), and a new subsection (5) and
  109  subsection (6) are added to that section, to read:
  110         112.191 Firefighters; death benefits.—
  111         (4)(a) The employer of such firefighter shall be liable for
  112  the payment of said sums specified in subsection (2) this
  113  section and shall be deemed self-insured, unless it procures and
  114  maintains, or has already procured and maintained, insurance to
  115  secure such payments. Any such insurance may cover only the
  116  risks indicated in subsection (2) this section, in the amounts
  117  indicated in subsection (2) this section, or it may cover those
  118  risks and additional risks and may be in larger amounts. Any
  119  such insurance shall be placed by such employer only after
  120  public bid of such insurance coverage which coverage shall be
  121  awarded to the carrier making the lowest best bid.
  122         (b) Payment of benefits to beneficiaries of state
  123  employees, or of the premiums to cover the risk, under
  124  subsection (2) the provisions of this section, shall be paid
  125  from existing funds otherwise appropriated for the department.
  126         (5)(a)If a firefighter who is employed by a state agency
  127  is killed in the line of duty; is killed when off-duty while
  128  acting in an official capacity to prevent injury, death, or loss
  129  of property; or is otherwise killed by reason of his or her
  130  employment as a firefighter, the following benefits shall be
  131  paid:
  132         1. The surviving spouse shall receive a monthly payment
  133  equal to 50 percent of the monthly salary received by the
  134  firefighter at the time of death for the lesser of the surviving
  135  spouse’s lifetime or 300 months.
  136         2. If the surviving spouse of the firefighter dies before
  137  receiving 300 monthly payments, the monthly payment that would
  138  have been payable to the surviving spouse had the spouse lived
  139  shall be paid for the use and benefit of the child or children
  140  of such firefighter until the later of:
  141         a. The 21st birthday of the youngest child of the
  142  firefighter.
  143         b. The 25th birthday of any child of the firefighter as
  144  long as such child is enrolled for a minimum of 12 credit hours
  145  per semester or academic term at an eligible educational
  146  institution, as defined in s. 1009.97(3).
  147         c. The day a child of the firefighter who is physically
  148  disabled or mentally disabled child and incapable of self
  149  support is no longer disabled. The Department of Management
  150  Services may require proof of disability or continued disability
  151  in the same manner as is provided for a person seeking or
  152  receiving a disability retirement benefit under s. 121.091(4).
  153         3. If the firefighter does not have a surviving spouse but
  154  is survived by a child or children younger than 25 years of age,
  155  the benefits provided under subparagraph 1., normally payable to
  156  a surviving spouse, shall be paid for the use and benefit of the
  157  child or children of the firefighter under the same terms and
  158  conditions provided in subparagraph 2.
  159         4. If a firefighter does not have a surviving spouse or
  160  surviving child but is survived by a joint annuitant receiving
  161  benefits under chapter 121, the benefits provided under
  162  subparagraph 1., normally payable to a surviving spouse, shall
  163  be paid for the use and benefit of the joint annuitant, as
  164  defined in s. 121.021, of such firefighter for the same time
  165  period as the joint annuitant receives benefits under chapter
  166  121, not to exceed 300 months.
  167         (b) There is annually appropriated from the General Revenue
  168  Fund, to be paid into the State Risk Management Trust Fund
  169  within the Department of Financial Services, an amount necessary
  170  to cover the annual costs associated with payment of the
  171  benefits authorized by this subsection.
  172         (c) The benefits authorized by this subsection are in
  173  addition to all other benefits authorized by this section or
  174  chapter 121.
  175         (d) The benefits shall be paid only for firefighters killed
  176  on or after July 1, 2015.
  177         (6) A county, municipality, or other political subdivision
  178  of the state may offer, at its expense, benefits not to exceed
  179  the benefits specified in subsection (5) to firefighters
  180  employed by such entity.
  181         Section 3. This act shall take effect July 1, 2015.