Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 136
       
       
       
       
       
       
                                Ì979716LÎ979716                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2015           .                                
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       The Committee on Community Affairs (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 44 - 185
    4  and insert:
    5         (6)(a)If payments relating to a law enforcement,
    6  correctional, or correctional probation officer employed by a
    7  state agency are made pursuant to subsection (2), the following
    8  additional benefits shall be paid:
    9         1. The surviving spouse shall receive a payment equal to 50
   10  percent of the monthly salary received by the law enforcement,
   11  correctional, or correctional probation officer at the time of
   12  death for the lesser of the surviving spouse’s lifetime or 300
   13  months.
   14         2. If the surviving spouse of the law enforcement,
   15  correctional, or correctional probation officer dies before
   16  receiving 300 monthly payments, the monthly payment that would
   17  have been payable to the surviving spouse had the spouse lived
   18  shall be paid for the use and benefit of the child or children
   19  of the law enforcement, correctional, or correctional probation
   20  officer until the later of:
   21         a. The 21st birthday of the youngest child of the law
   22  enforcement, correctional, or correctional probation officer.
   23         b. The 25th birthday of any child of the law enforcement,
   24  correctional, or correctional probation officer as long as the
   25  child is enrolled for a minimum of 12 credit hours per semester
   26  or academic term at an eligible educational institution, as
   27  defined in s. 1009.97(3).
   28         c. The day a law enforcement, correctional, or correctional
   29  probation officer’s surviving child who has been physically
   30  disabled or mentally disabled and who has been incapable of
   31  self-support is no longer disabled. The Department of Management
   32  Services may require proof of disability or continued disability
   33  in the same manner as is provided for a person seeking or
   34  receiving a disability retirement benefit under s. 121.091(4).
   35         3. If the law enforcement, correctional, or correctional
   36  probation officer does not have a surviving spouse but is
   37  survived by a child or children younger than 25 years of age,
   38  the benefits payable to a surviving spouse under subparagraph 1.
   39  shall be paid for the use and benefit of the child or children
   40  of the law enforcement, correctional, or correctional probation
   41  officer under the same terms and conditions provided in
   42  subparagraph 2.
   43         4. If a law enforcement, correctional, or correctional
   44  probation officer does not have a surviving spouse or surviving
   45  child but is survived by a joint annuitant receiving benefits
   46  under chapter 121, the benefits payable to a surviving spouse
   47  under subparagraph 1. shall be paid for the use and benefit of
   48  the joint annuitant, as defined in s. 121.021, of the law
   49  enforcement, correctional, or correctional probation officer for
   50  the same time period as the joint annuitant receives benefits
   51  under chapter 121, not to exceed 300 months.
   52         (b) The benefits under this subsection shall be paid by the
   53  State Risk Management Trust Fund through a separate account
   54  maintained by the trust fund within the Department of Financial
   55  Services. Benefits paid pursuant to this subsection are not
   56  insurance benefits but are considered insurance benefit payments
   57  on behalf of state agencies and state universities covered by
   58  the trust fund for the purpose of calculating the annual funding
   59  needed for all benefit costs. After the first year that benefits
   60  are paid from the trust fund, the costs of the benefit payments,
   61  including any legal or other costs related to the administration
   62  of benefits, are retroactively charged as premium assessments
   63  against covered state agencies and state universities in the
   64  same manner as such state agencies and state universities are
   65  charged for workers’ compensation insurance coverage under
   66  chapter 284. Benefit payments are payable in monthly
   67  installments and must commence 60 days after the Department of
   68  Management Services has notified the Division of Risk Management
   69  of the death of a law enforcement, correctional, or correctional
   70  probation officer and the names and addresses of surviving
   71  beneficiaries and their relationship to the decedent. The
   72  Department of Management Services and the state agency or state
   73  university employing the decedent shall coordinate with the
   74  Division of Risk Management in determining the entitlement of
   75  surviving family members to benefits and may provide any
   76  information necessary to the division to assist in ensuring that
   77  qualified surviving family members receive benefits under this
   78  subsection in a timely manner. The Department of Financial
   79  Services may adopt rules as authorized under s. 284.39 for the
   80  proper management and maintenance of the trust fund, including
   81  rules regarding the administration of benefits authorized by
   82  this subsection.
   83         (c) The benefits under this subsection are in addition to
   84  all other benefits authorized under this section, chapter 121,
   85  or chapter 440.
   86         (d) The benefits apply only to the surviving beneficiaries
   87  of law enforcement, correctional, and correctional probation
   88  officers killed on or after July 1, 2015.
   89         (7) This section does not limit the authority of a
   90  municipality or a charter county to provide death benefits to
   91  its employees or their beneficiaries pursuant to its
   92  constitutional home rule powers. Any other political subdivision
   93  of the state may offer, at its expense, death benefits to law
   94  enforcement, correctional, or correctional probation officers
   95  employed by the political subdivision which do not exceed
   96  benefits payable pursuant to subsection (6).
   97         Section 2. Subsection (4) of section 112.191, Florida
   98  Statutes, is amended, present subsection (5) of that section is
   99  redesignated as subsection (7), and a new subsection (5) and
  100  subsection (6) are added to that section, to read:
  101         112.191 Firefighters; death benefits.—
  102         (4)(a) The employer of such firefighter shall be liable for
  103  the payment of said sums specified in subsection (2) this
  104  section and shall be deemed self-insured, unless it procures and
  105  maintains, or has already procured and maintained, insurance to
  106  secure such payments. Any such insurance may cover only the
  107  risks indicated in subsection (2) this section, in the amounts
  108  indicated in subsection (2) this section, or it may cover those
  109  risks and additional risks and may be in larger amounts. Any
  110  such insurance shall be placed by such employer only after
  111  public bid of such insurance coverage which coverage shall be
  112  awarded to the carrier making the lowest best bid.
  113         (b) Payment of benefits to beneficiaries of state
  114  employees, or of the premiums to cover the risk, under
  115  subsection (2) the provisions of this section, shall be paid
  116  from existing funds otherwise appropriated for the department.
  117         (5)(a)If payments relating to a firefighter employed by a
  118  state agency are made pursuant to subsection (2), the following
  119  additional benefits shall be paid:
  120         1. The surviving spouse shall receive a payment equal to 50
  121  percent of the monthly salary received by the firefighter at the
  122  time of death for the lesser of the surviving spouse’s lifetime
  123  or 300 months.
  124         2. If the surviving spouse of the firefighter dies before
  125  receiving 300 monthly payments, the payment that would have been
  126  payable to the surviving spouse had the spouse lived shall be
  127  paid for the use and benefit of the child or children of the
  128  firefighter until the later of:
  129         a. The 21st birthday of the youngest child of the
  130  firefighter.
  131         b. The 25th birthday of any child of the firefighter as
  132  long as such child is enrolled for a minimum of 12 credit hours
  133  per semester or academic term at an eligible educational
  134  institution, as defined in s. 1009.97(3).
  135         c. The day a firefighter’s surviving child who has been
  136  physically disabled or mentally disabled child and who has been
  137  incapable of self-support is no longer disabled. The Department
  138  of Management Services may require proof of disability or
  139  continued disability in the same manner as is provided for a
  140  person seeking or receiving a disability retirement benefit
  141  under s. 121.091(4).
  142         3. If the firefighter does not have a surviving spouse but
  143  is survived by a child or children younger than 25 years of age,
  144  the benefits payable to a surviving spouse under subparagraph 1.
  145  shall be paid for the use and benefit of the child or children
  146  of the firefighter under the same terms and conditions provided
  147  in subparagraph 2.
  148         4. If a firefighter does not have a surviving spouse or
  149  surviving child but is survived by a joint annuitant receiving
  150  benefits under chapter 121, the benefits payable to a surviving
  151  spouse under subparagraph 1. shall be paid for the use and
  152  benefit of the joint annuitant, as defined in s. 121.021, of the
  153  firefighter for the same time period as the joint annuitant
  154  receives benefits under chapter 121, not to exceed 300 months.
  155         (b) The benefits under this subsection shall be paid by the
  156  State Risk Management Trust Fund through a separate account
  157  maintained by the trust fund within the Department of Financial
  158  Services. Benefits paid pursuant to this subsection are not
  159  insurance benefits but are considered insurance benefit payments
  160  on behalf of state agencies and state universities covered by
  161  the trust fund for the purpose of calculating the annual funding
  162  needed for all benefit costs. After the first year that benefits
  163  are paid from the trust fund, the costs of the benefit payments,
  164  including any legal or other costs related to the administration
  165  of benefits, are retroactively charged as premium assessments
  166  against covered state agencies and state universities in the
  167  same manner as such state agencies and state universities are
  168  charged for workers’ compensation insurance coverage under
  169  chapter 284. Benefit payments are payable in monthly
  170  installments and must commence 60 days after the Department of
  171  Management Services has notified the Division of Risk Management
  172  of the death of a firefighter and the names and addresses of
  173  surviving beneficiaries and their relationship to the decedent.
  174  The Department of Management Services and the state agency or
  175  state university employing the decedent shall coordinate with
  176  the Division of Risk Management in determining the entitlement
  177  of surviving family members to benefits and may provide any
  178  information necessary to the division to assist in ensuring that
  179  qualified surviving family members receive benefits under this
  180  subsection in a timely manner. The Department of Financial
  181  Services may adopt rules as authorized under s. 284.39 for the
  182  proper management and maintenance of the trust fund, including
  183  rules regarding the administration of benefits authorized by
  184  this subsection.
  185         (c) The benefits under this subsection are in addition to
  186  all other benefits authorized under this section, chapter 121,
  187  or chapter 440.
  188         (d) The benefits apply only to the surviving beneficiaries
  189  of firefighters killed on or after July 1, 2015.
  190         (6) This section does not limit the authority of a
  191  municipality or a charter county to provide death benefits to
  192  its employees or their beneficiaries pursuant to its
  193  constitutional home rule powers. Any other political subdivision
  194  of the state may offer, at its expense, death benefits to
  195  firefighters employed by the political subdivision which do not
  196  exceed benefits payable pursuant to subsection (5).
  197  
  198  ================= T I T L E  A M E N D M E N T ================
  199  And the title is amended as follows:
  200         Delete lines 4 - 10
  201  and insert:
  202         eligibility of a death benefit payment to the
  203         surviving spouse, child, or joint annuitant of a law
  204         enforcement officer, correctional officer,
  205         correctional probation officer, or firefighter
  206         employed by a state agency; providing that benefits
  207         are paid by the State Risk Management Trust Fund;
  208         specifying the method of charging the costs of benefit
  209         payments against the state agency or state university;
  210         specifying the timeframe and frequency of benefit
  211         payments; requiring the Department of Management
  212         Services and the employing state agency or state
  213         university to coordinate with and provide necessary
  214         information to the Division of Risk Management of the
  215         Department of Financial Services; authorizing the
  216         Department of Financial Services to adopt certain
  217         rules; specifying applicability; providing for
  218         construction; authorizing specified political
  219         subdivisions to offer a death