The Florida Senate

250.34  Injury or death in active service.--

(1)  Every member of the organized militia who shall be injured or disabled while in the active military service of the state under competent orders shall be furnished medical attention and necessary hospitalization at the expense of the state, and shall be continued in a pay status in the active service of the state until such time as a board of inquiry, appointed by the Adjutant General, may determine that the disability no longer justifies such pay, hospitalization or medical attention; provided that in no instance will such pay, hospitalization or medical attention be provided for a period extending more than 1 year from the date that such injury or disability was incurred; and provided further, that such injury or disability was incurred in line of duty and not due to the misconduct of such individual so injured or disabled, as determined by a line of duty board appointed by the Adjutant General.

(2)  The pay such individual shall be entitled to during the period of 1 year from the date of injury or disability shall be either the full military pay and allowances to which such individual would be entitled if on full-time state active service or the amount of compensation provided under ss. 440.14 [F. S. 1973] and 440.15 [F. S. 1973], based on such individual's average weekly wages in his or her civilian occupation or employment at the time of entry into active service of the state during which such injury arose, whichever amount is greater. If a person receiving pay under this subsection obtains gainful employment, whether part time or full time, the pay that he or she is entitled to under this subsection shall be reduced during the duration of that gainful employment by an amount equal to the amount earned from that gainful employment.

(3)  After the expiration of 1 year from the date of injury or disability, such individual shall be provided hospitalization, medical services and supplies, and compensation for wages and compensation for disability based on the average weekly wages of such injured individual on pay status in the active service of the state or in his or her civilian occupation or employment, whichever is greater, in amounts provided under chapter 440 [F. S. 1973], as if such individual were covered under the Workers' Compensation Law, except that payments made during the first year after such injury shall not be duplicated after the expiration of that year. The Division of Risk Management of the Department of Insurance is responsible for processing all claims for benefits under this subsection.

(4)  Every member of the organized militia who shall be killed, or who shall die as the result of injuries incurred, while in active military service of the state under competent orders shall qualify for benefits as a law enforcement officer pursuant to the provisions of s. 112.19 or any successor statute providing for death benefits for law enforcement officers, and the decedent's survivors or estate shall be entitled to the death benefits provided therein. However, nothing in this section shall prohibit survivors or the estate of any such decedent from presenting a claim bill for approval of the Legislature in addition to the death benefits provided in this section.

(5)  Benefits may not be provided under this section for any injury or disability incurred by a member of the organized militia during the period when the member was continued in a pay status in the active service of the state pursuant to subsection (1).

History.--s. 39, ch. 8502, 1921; CGL 2051; s. 3, ch. 14761, 1931; CGL 1936 Supp. 2051, 2053(1); s. 8, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 1, ch. 73-319; s. 66, ch. 79-40; s. 109, ch. 95-148; s. 2, ch. 95-422; s. 10, ch. 97-96.

Note.--Former s. 250.45.