Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1232
       
       
       
       
       
       
                                Ì181490&Î181490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (2) of section
    6  112.19, Florida Statutes, is amended to read:
    7         112.19 Law enforcement, correctional, and correctional
    8  probation officers; death benefits.—
    9         (2)
   10         (h)1. Any employer who employs a full-time law enforcement,
   11  correctional, or correctional probation officer who, on or after
   12  January 1, 1995, suffers a catastrophic injury, as defined in s.
   13  440.02, Florida Statutes 2002, in the line of duty shall pay the
   14  entire premium of the employer’s health insurance plan for the
   15  injured employee, the injured employee’s spouse, and for each
   16  dependent child of the injured employee until the child reaches
   17  the age of majority or until the end of the calendar year in
   18  which the child reaches the age of 25 if the child continues to
   19  be dependent for support, or the child is a full-time or part
   20  time student and is dependent for support. Any employer who
   21  employed a full-time law enforcement, correctional, or
   22  correctional probation officer who was exposed in the line of
   23  duty to a pandemic disease that was the subject of a declared
   24  public health emergency and who died from such disease on or
   25  after March 1, 2020, shall pay the entire premium of the
   26  employer’s health insurance plan for the employee’s surviving
   27  spouse and for each surviving dependent child of the deceased
   28  employee until the child reaches the age of majority or until
   29  the end of the calendar year in which the child reaches the age
   30  of 25, if the child continues to be dependent for support, or if
   31  the child is a full-time or part-time student and is dependent
   32  for support. The term “health insurance plan” does not include
   33  supplemental benefits that are not part of the basic group
   34  health insurance plan. If the injured employee subsequently
   35  dies, the employer shall continue to pay the entire health
   36  insurance premium for the surviving spouse until remarried, and
   37  for the dependent children, under the conditions outlined in
   38  this paragraph. However:
   39         a. Health insurance benefits payable from any other source
   40  shall reduce benefits payable under this section.
   41         b. It is unlawful for a person to willfully and knowingly
   42  make, or cause to be made, or to assist, conspire with, or urge
   43  another to make, or cause to be made, any false, fraudulent, or
   44  misleading oral or written statement to obtain health insurance
   45  coverage as provided under this paragraph. A person who violates
   46  this sub-subparagraph commits a misdemeanor of the first degree,
   47  punishable as provided in s. 775.082 or s. 775.083.
   48         c. In addition to any applicable criminal penalty, upon
   49  conviction for a violation as described in sub-subparagraph b.,
   50  a law enforcement, correctional, or correctional probation
   51  officer or other beneficiary who receives or seeks to receive
   52  health insurance benefits under this paragraph shall forfeit the
   53  right to receive such health insurance benefits, and shall
   54  reimburse the employer for all benefits paid due to the fraud or
   55  other prohibited activity. For purposes of this sub
   56  subparagraph, the term “conviction” means a determination of
   57  guilt that is the result of a plea or trial, regardless of
   58  whether adjudication is withheld.
   59         2. In the case of catastrophic injury, in order for the
   60  officer, spouse, and dependent children to be eligible for such
   61  insurance coverage, the injury must have occurred as the result
   62  of the officer’s response to fresh pursuit, the officer’s
   63  response to what is reasonably believed to be an emergency, or
   64  an unlawful act perpetrated by another. In the case of illness,
   65  in order for the surviving spouse and dependent children to be
   66  eligible for such insurance coverage, the illness must have been
   67  contracted in the line of duty. Except as otherwise provided
   68  herein, this paragraph may not be construed to limit health
   69  insurance coverage for which the officer, spouse, or dependent
   70  children may otherwise be eligible, except that a person who
   71  qualifies under this section is not eligible for the health
   72  insurance subsidy provided under chapter 121, chapter 175, or
   73  chapter 185.
   74         Section 2. The amendments made by this act to s. 112.19,
   75  Florida Statutes, are intended to apply retroactively to the
   76  surviving spouse and dependent children of a law enforcement
   77  officer, correctional officer, or a correctional probation
   78  officer who was exposed in the line of duty to a pandemic
   79  disease that was the subject of a declared public health
   80  emergency and who died from such disease on or after March 1,
   81  2020.
   82         Section 3. The Legislature determines and declares that
   83  this act fulfills an important state interest.
   84         Section 4. This act shall take effect upon becoming a law.
   85  
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete everything before the enacting clause
   89  and insert:
   90                        A bill to be entitled                      
   91         An act relating to death benefits; amending s. 112.19,
   92         F.S.; requiring an employer of law enforcement,
   93         correctional, or correctional probation officers to
   94         extend paid health insurance benefits to a surviving
   95         spouse and each dependent child as a result of the
   96         death of the officer from a pandemic disease that is
   97         the subject of a declared public health emergency if
   98         that officer was exposed in the line of duty;
   99         providing applicability; providing retroactive
  100         application; providing a declaration of an important
  101         state interest; providing an effective date.