Florida 2022 Regular Session

Florida House Bill H0645 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 645 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0645-00
9	9	Page 1 of 4
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to law enforcement, correctional, and 2
16	16	correctional probation officers' death benefits; 3
17	17	amending s. 112.19, F.S.; requiring the employer of a 4
18	18	full-time law enforcement, correctional, or 5
19	19	correctional probation officer to extend paid health 6
20	20	insurance benefits to the officer's surviving spouse 7
21	21	and each of the officer's dependent children if the 8
22	22	officer dies in the line of duty as a result of 9
23	23	exposure to a pandemic disease that is the subject of 10
24	24	a public health emergency; providing applicability; 11
25	25	providing retroactive application; providing a 12
26	26	declaration of important state interest; providing an 13
27	27	effective date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Paragraph (h) of subsection (2) of section 18
32	32	112.19, Florida Statutes, is amended to read: 19
33	33	112.19 Law enforcement, correctional, and correctional 20
34	34	probation officers; death benefits. — 21
35	35	(2) 22
36	36	(h)1. Any employer who e mploys a full-time law 23
37	37	enforcement, correctional, or correctional probation officer 24
38	38	who, on or after January 1, 1995, suffers a catastrophic injury, 25
39	39
40	40	HB 645 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0645-00
46	46	Page 2 of 4
47	47	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
48	48
49	49
50	50
51	51	as defined in s. 440.02, Florida Statutes 2002, in the line of 26
52	52	duty shall pay the entire premium of the emp loyer's health 27
53	53	insurance plan for the injured employee, the injured employee's 28
54	54	spouse, and for each dependent child of the injured employee 29
55	55	until the child reaches the age of majority or until the end of 30
56	56	the calendar year in which the child reaches the age of 25 if 31
57	57	the child continues to be dependent for support, or the child is 32
58	58	a full-time or part-time student and is dependent for support. 33
59	59	Any employer who employed a full -time law enforcement, 34
60	60	correctional, or correctional probation officer who was exposed 35
61	61	in the line of duty to a pandemic disease that was the subject 36
62	62	of a declared public health emergency and who died from such 37
63	63	disease on or after March 1, 2020, shall pay the entire premium 38
64	64	of the employer's health insurance plan for the employee's 39
65	65	surviving spouse and for each surviving dependent child of the 40
66	66	deceased employee until the child reaches the age of majority or 41
67	67	until the end of the calendar year in which the child reaches 42
68	68	the age of 25, if the child continues to be dependent for 43
69	69	support, or if the child is a full-time or part-time student and 44
70	70	is dependent for support. The term "health insurance plan" does 45
71	71	not include supplemental benefits that are not part of the basic 46
72	72	group health insurance plan. If the injured employee 47
73	73	subsequently dies, the em ployer shall continue to pay the entire 48
74	74	health insurance premium for the surviving spouse until 49
75	75	remarried, and for the dependent children, under the conditions 50
76	76
77	77	HB 645 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0645-00
83	83	Page 3 of 4
84	84	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
85	85
86	86
87	87
88	88	outlined in this paragraph. However: 51
89	89	a. Health insurance benefits payable from any other sourc e 52
90	90	shall reduce benefits payable under this section. 53
91	91	b. It is unlawful for a person to willfully and knowingly 54
92	92	make, or cause to be made, or to assist, conspire with, or urge 55
93	93	another to make, or cause to be made, any false, fraudulent, or 56
94	94	misleading oral or written statement to obtain health insurance 57
95	95	coverage as provided under this paragraph. A person who violates 58
96	96	this sub-subparagraph commits a misdemeanor of the first degree, 59
97	97	punishable as provided in s. 775.082 or s. 775.083. 60
98	98	c. In addition to any ap plicable criminal penalty, upon 61
99	99	conviction for a violation as described in sub -subparagraph b., 62
100	100	a law enforcement, correctional, or correctional probation 63
101	101	officer or other beneficiary who receives or seeks to receive 64
102	102	health insurance benefits under this pa ragraph shall forfeit the 65
103	103	right to receive such health insurance benefits, and shall 66
104	104	reimburse the employer for all benefits paid due to the fraud or 67
105	105	other prohibited activity. For purposes of this sub -68
106	106	subparagraph, the term "conviction" means a determinat ion of 69
107	107	guilt that is the result of a plea or trial, regardless of 70
108	108	whether adjudication is withheld. 71
109	109	2. In the case of catastrophic injury, in order for the 72
110	110	officer, spouse, and dependent children to be eligible for such 73
111	111	insurance coverage, the injury mus t have occurred as the result 74
112	112	of the officer's response to fresh pursuit, the officer's 75
113	113
114	114	HB 645 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0645-00
120	120	Page 4 of 4
121	121	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
122	122
123	123
124	124
125	125	response to what is reasonably believed to be an emergency, or 76
126	126	an unlawful act perpetrated by another. In the case of illness, 77
127	127	in order for the surviving spouse and dep endent children to be 78
128	128	eligible for such insurance coverage, the illness must have been 79
129	129	contracted in the line of duty. Except as otherwise provided 80
130	130	herein, this paragraph may not be construed to limit health 81
131	131	insurance coverage for which the officer, spouse , or dependent 82
132	132	children may otherwise be eligible, except that a person who 83
133	133	qualifies under this section is not eligible for the health 84
134	134	insurance subsidy provided under chapter 121, chapter 175, or 85
135	135	chapter 185. 86
136	136	Section 2. The amendments made by this ac t to s. 112.19, 87
137	137	Florida Statutes, are intended to apply retroactively to the 88
138	138	surviving spouse and dependent children of a law enforcement 89
139	139	officer, correctional officer, or correctional probation officer 90
140	140	who was exposed in the line of duty to a pandemic dis ease that 91
141	141	was the subject of a declared public health emergency and who 92
142	142	died from such disease on or after March 1, 2020. 93
143	143	Section 3. The Legislature determines and declares that 94
144	144	this act fulfills an important state interest. 95
145	145	Section 4. This act sha ll take effect upon becoming a law. 96