Florida Senate - 2022 SB 992
By Senator Book
32-00154-22 2022992__
1 A bill to be entitled
2 An act relating to death benefits; amending s. 112.19,
3 F.S.; requiring the employer of a full-time law
4 enforcement, correctional, or correctional probation
5 officer to extend paid health insurance benefits to
6 the officer’s surviving spouse and each of the
7 officer’s dependent children if the officer dies in
8 the line of duty as a result of exposure to a pandemic
9 disease that is the subject of a public health
10 emergency; providing applicability; providing
11 retroactive application; providing a declaration of
12 important state interest; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (h) of subsection (2) of section
17 112.19, Florida Statutes, is amended to read:
18 112.19 Law enforcement, correctional, and correctional
19 probation officers; death benefits.—
20 (2)
21 (h)1. Any employer who employs a full-time law enforcement,
22 correctional, or correctional probation officer who, on or after
23 January 1, 1995, suffers a catastrophic injury, as defined in s.
24 440.02, Florida Statutes 2002, in the line of duty shall pay the
25 entire premium of the employer’s health insurance plan for the
26 injured employee, the injured employee’s spouse, and for each
27 dependent child of the injured employee until the child reaches
28 the age of majority or until the end of the calendar year in
29 which the child reaches the age of 25 if the child continues to
30 be dependent for support, or the child is a full-time or part
31 time student and is dependent for support. Any employer who
32 employed a full-time law enforcement, correctional, or
33 correctional probation officer who was exposed in the line of
34 duty to a pandemic disease that was the subject of a declared
35 public health emergency and who died from such disease on or
36 after March 1, 2020, shall pay the entire premium of the
37 employer’s health insurance plan for the employee’s surviving
38 spouse and for each surviving dependent child of the deceased
39 employee until the child reaches the age of majority or until
40 the end of the calendar year in which the child reaches the age
41 of 25, if the child continues to be dependent for support, or if
42 the child is a full-time or part-time student and is dependent
43 for support. The term “health insurance plan” does not include
44 supplemental benefits that are not part of the basic group
45 health insurance plan. If the injured employee subsequently
46 dies, the employer shall continue to pay the entire health
47 insurance premium for the surviving spouse until remarried, and
48 for the dependent children, under the conditions outlined in
49 this paragraph. However:
50 a. Health insurance benefits payable from any other source
51 shall reduce benefits payable under this section.
52 b. It is unlawful for a person to willfully and knowingly
53 make, or cause to be made, or to assist, conspire with, or urge
54 another to make, or cause to be made, any false, fraudulent, or
55 misleading oral or written statement to obtain health insurance
56 coverage as provided under this paragraph. A person who violates
57 this sub-subparagraph commits a misdemeanor of the first degree,
58 punishable as provided in s. 775.082 or s. 775.083.
59 c. In addition to any applicable criminal penalty, upon
60 conviction for a violation as described in sub-subparagraph b.,
61 a law enforcement, correctional, or correctional probation
62 officer or other beneficiary who receives or seeks to receive
63 health insurance benefits under this paragraph shall forfeit the
64 right to receive such health insurance benefits, and shall
65 reimburse the employer for all benefits paid due to the fraud or
66 other prohibited activity. For purposes of this sub
67 subparagraph, the term “conviction” means a determination of
68 guilt that is the result of a plea or trial, regardless of
69 whether adjudication is withheld.
70 2. In the case of catastrophic injury, in order for the
71 officer, spouse, and dependent children to be eligible for such
72 insurance coverage, the injury must have occurred as the result
73 of the officer’s response to fresh pursuit, the officer’s
74 response to what is reasonably believed to be an emergency, or
75 an unlawful act perpetrated by another. In the case of illness,
76 in order for the surviving spouse and dependent children to be
77 eligible for such insurance coverage, the illness must have been
78 contracted in the line of duty. Except as otherwise provided
79 herein, this paragraph may not be construed to limit health
80 insurance coverage for which the officer, spouse, or dependent
81 children may otherwise be eligible, except that a person who
82 qualifies under this section is not eligible for the health
83 insurance subsidy provided under chapter 121, chapter 175, or
84 chapter 185.
85 Section 2. The amendments made by this act to s. 112.19,
86 Florida Statutes, are intended to apply retroactively to the
87 surviving spouse and dependent children of a law enforcement
88 officer, correctional officer, or correctional probation officer
89 who was exposed in the line of duty to a pandemic disease that
90 was the subject of a declared public health emergency and who
91 died from such disease on or after March 1, 2020.
92 Section 3. The Legislature determines and declares that
93 this act fulfills an important state interest.
94 Section 4. This act shall take effect upon becoming a law.