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) As Whenever used 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 adjusted
   92  pursuant to paragraph (j), shall be 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, in
  100  no case shall the amount payable under this subsection be less
  101  than the actual amount stated therein.
  102         (b) The sum of $75,000 must $50,000, as adjusted under
  103  paragraph (j), shall be 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 case
  117  shall the amount payable under this subsection be less than the
  118  actual 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 adjusted
  124  pursuant to paragraph (j), shall be paid as provided in this
  125  section. Notwithstanding any other provision of law, in no case
  126  shall the amount payable under this subsection be less than the
  127  actual amount stated therein.
  128         (d) Such payments, pursuant to the provisions of paragraphs
  129  (a), (b), and (c), whether secured by insurance or not, must
  130  shall be 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 must it shall be 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 must it shall be paid to the
  140  officer’s estate.
  141         (e) Such payments, pursuant to the provisions of paragraphs
  142  (a), (b), and (c), are in addition to any workers’ compensation
  143  or retirement plan pension benefits 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 must shall be 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 in this paragraph
  222  may not shall be 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 is shall not be eligible 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), paragraph
  231  (b), or paragraph (c) shall consist of the statutory amount
  232  adjusted to reflect price level changes since the effective date
  233  of this act. The Bureau of Crime Prevention and Training shall
  234  by rule adjust the statutory amount based on the Consumer Price
  235  Index for All Urban Consumers published by the United States
  236  Department of Labor. Adjustment shall be made July 1 of each
  237  year using the most recent month for which data are available at
  238  the 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 must shall waive 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
  248  shall be 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. The
  252  child or spouse may attend any or all of the institutions
  253  specified 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 with benefited by the provisions of this
  261  subsection to comply with the ordinary and minimum requirements
  262  regarding discipline and scholarship of the institution
  263  attended, such both as to discipline and scholarship, the
  264  benefits must shall be 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  subsection thereof.
  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 must shall be placed by such employer only after
  282  public bid of such insurance coverage which must coverage shall
  283  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, under the
  286  provisions of this section must shall be 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 before prior to July 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 must shall be in accordance with provisions of this
  302  section. Nothing in This subsection may not provision shall be
  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) As Whenever used in this section, the term act:
  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 any full-time duly
  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 adjusted
  325  pursuant to paragraph (i), shall be 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 other
  332  provision of law, in no case shall the amount payable under this
  333  subsection be less than the actual amount stated therein.
  334         (b) The sum of $75,000 must $50,000, as adjusted pursuant
  335  to paragraph (i), shall be 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).
  342  Notwithstanding any other provision of law, the amount payable
  343  under this subsection may not be less than the actual amount
  344  stated 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 adjusted
  352  pursuant to paragraph (i), shall be paid as provided in this
  353  section. Notwithstanding any other provision of law, the amount
  354  payable under this subsection may not be less than the actual
  355  amount stated therein.
  356         (d) Such payments, pursuant to paragraphs (a), (b), and
  357  (c), whether secured by insurance or not, must shall be 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 must it shall be 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 must it shall be paid to the
  367  firefighter’s estate.
  368         (e) Such payments, pursuant to the provisions of paragraphs
  369  (a), (b), and (c), are shall be in addition to any workers’
  370  compensation or retirement plan pension benefits and are shall
  371  be exempt 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 in this
  433  paragraph may not shall be 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 is shall not be
  437  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), paragraph
  450  (b), or paragraph (c) shall consist of the statutory amount
  451  adjusted to show price level changes in the Consumer Price Index
  452  for All Urban Consumers published by the United States
  453  Department of Labor since July 1, 2002. The Division of State
  454  Fire Marshal, using the most recent month for which Consumer
  455  Price Index data is available, shall, on June 15 of each year,
  456  calculate and publish on the division’s Internet website the
  457  amount resulting from the adjustments to the statutory amounts.
  458  The adjusted statutory amounts shall be effective on July 1 of
  459  each 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 must shall waive 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 must shall be 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 the
  473  institutions 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 with benefited by the provisions of this
  481  subsection to comply with the ordinary and minimum requirements
  482  regarding discipline and scholarship of the institution
  483  attended, such both as to discipline and scholarship, the
  484  benefits must thereof shall be 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 may shall receive the benefits provided in this
  490  subsection thereof.
  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 is shall be liable
  495  for the payment of the said sums specified in this section and
  496  is shall be deemed 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 must shall be
  502  placed by such employer only after public bid of such insurance
  503  coverage which must coverage shall be 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, under the
  507  provisions of this section, must shall be 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         112.1911Emergency 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 to s.
  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 is hereby declared to be the 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.