HB 645 2022
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hb0645-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to law enforcement, correctional, and 2
correctional probation officers' death benefits; 3
amending s. 112.19, F.S.; requiring the employer of a 4
full-time law enforcement, correctional, or 5
correctional probation officer to extend paid health 6
insurance benefits to the officer's surviving spouse 7
and each of the officer's dependent children if the 8
officer dies in the line of duty as a result of 9
exposure to a pandemic disease that is the subject of 10
a public health emergency; providing applicability; 11
providing retroactive application; providing a 12
declaration of important state interest; providing an 13
effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Paragraph (h) of subsection (2) of section 18
112.19, Florida Statutes, is amended to read: 19
112.19 Law enforcement, correctional, and correctional 20
probation officers; death benefits. — 21
(2) 22
(h)1. Any employer who e mploys a full-time law 23
enforcement, correctional, or correctional probation officer 24
who, on or after January 1, 1995, suffers a catastrophic injury, 25
HB 645 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0645-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as defined in s. 440.02, Florida Statutes 2002, in the line of 26
duty shall pay the entire premium of the emp loyer's health 27
insurance plan for the injured employee, the injured employee's 28
spouse, and for each dependent child of the injured employee 29
until the child reaches the age of majority or until the end of 30
the calendar year in which the child reaches the age of 25 if 31
the child continues to be dependent for support, or the child is 32
a full-time or part-time student and is dependent for support. 33
Any employer who employed a full -time law enforcement, 34
correctional, or correctional probation officer who was exposed 35
in the line of duty to a pandemic disease that was the subject 36
of a declared public health emergency and who died from such 37
disease on or after March 1, 2020, shall pay the entire premium 38
of the employer's health insurance plan for the employee's 39
surviving spouse and for each surviving dependent child of the 40
deceased employee until the child reaches the age of majority or 41
until the end of the calendar year in which the child reaches 42
the age of 25, if the child continues to be dependent for 43
support, or if the child is a full-time or part-time student and 44
is dependent for support. The term "health insurance plan" does 45
not include supplemental benefits that are not part of the basic 46
group health insurance plan. If the injured employee 47
subsequently dies, the em ployer shall continue to pay the entire 48
health insurance premium for the surviving spouse until 49
remarried, and for the dependent children, under the conditions 50
HB 645 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
outlined in this paragraph. However: 51
a. Health insurance benefits payable from any other sourc e 52
shall reduce benefits payable under this section. 53
b. It is unlawful for a person to willfully and knowingly 54
make, or cause to be made, or to assist, conspire with, or urge 55
another to make, or cause to be made, any false, fraudulent, or 56
misleading oral or written statement to obtain health insurance 57
coverage as provided under this paragraph. A person who violates 58
this sub-subparagraph commits a misdemeanor of the first degree, 59
punishable as provided in s. 775.082 or s. 775.083. 60
c. In addition to any ap plicable criminal penalty, upon 61
conviction for a violation as described in sub -subparagraph b., 62
a law enforcement, correctional, or correctional probation 63
officer or other beneficiary who receives or seeks to receive 64
health insurance benefits under this pa ragraph shall forfeit the 65
right to receive such health insurance benefits, and shall 66
reimburse the employer for all benefits paid due to the fraud or 67
other prohibited activity. For purposes of this sub -68
subparagraph, the term "conviction" means a determinat ion of 69
guilt that is the result of a plea or trial, regardless of 70
whether adjudication is withheld. 71
2. In the case of catastrophic injury, in order for the 72
officer, spouse, and dependent children to be eligible for such 73
insurance coverage, the injury mus t have occurred as the result 74
of the officer's response to fresh pursuit, the officer's 75
HB 645 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
response to what is reasonably believed to be an emergency, or 76
an unlawful act perpetrated by another. In the case of illness, 77
in order for the surviving spouse and dep endent children to be 78
eligible for such insurance coverage, the illness must have been 79
contracted in the line of duty. Except as otherwise provided 80
herein, this paragraph may not be construed to limit health 81
insurance coverage for which the officer, spouse , or dependent 82
children may otherwise be eligible, except that a person who 83
qualifies under this section is not eligible for the health 84
insurance subsidy provided under chapter 121, chapter 175, or 85
chapter 185. 86
Section 2. The amendments made by this ac t to s. 112.19, 87
Florida Statutes, are intended to apply retroactively to the 88
surviving spouse and dependent children of a law enforcement 89
officer, correctional officer, or correctional probation officer 90
who was exposed in the line of duty to a pandemic dis ease that 91
was the subject of a declared public health emergency and who 92
died from such disease on or after March 1, 2020. 93
Section 3. The Legislature determines and declares that 94
this act fulfills an important state interest. 95
Section 4. This act sha ll take effect upon becoming a law. 96