HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 1 of 6
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 survivor benefits; amending s. 2
121.091, F.S.; requiring the benefits of a Florida 3
Retirement System member killed in the line of duty to 4
be paid to the member's parent if certain conditions 5
exist; declaring that the act fulfills an important 6
state interest; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraphs (d) and (i) of subs ection (7) of 11
section 121.091, Florida Statutes, are amended to read: 12
121.091 Benefits payable under the system. —Benefits may 13
not be paid under this section unless the member has terminated 14
employment as provided in s. 121.021(39)(a) or begun 15
participation in the Deferred Retirement Option Program as 16
provided in subsection (13), and a proper application has been 17
filed in the manner prescribed by the department. The department 18
may cancel an application for retirement benefits when the 19
member or beneficiary fails to timely provide the information 20
and documents required by this chapter and the department's 21
rules. The department shall adopt rules establishing procedures 22
for application for retirement benefits and for the cancellation 23
of such application when t he required information or documents 24
are not received. 25
HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 2 of 6
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
(7) DEATH BENEFITS. — 26
(d) Notwithstanding any other provision in this chapter to 27
the contrary, with the exception of the Deferred Retirement 28
Option Program, as provided in subsection (13): 29
1. The surviving spouse of any member killed in the line 30
of duty may receive a monthly pension equal to one -half of the 31
monthly salary being received by the member at the time of death 32
for the rest of the surviving spouse's lifetime or, if the 33
member was vested, such surviving spouse may elect to receive a 34
benefit as provided in paragraph (b). Benefits provided by this 35
paragraph shall supersede any other distribution that may have 36
been provided by the member's designation of beneficiary. 37
2. If the surviving spou se of a member killed in the line 38
of duty dies, the monthly payments that would have been payable 39
to such surviving spouse had such surviving spouse lived shall 40
be paid for the use and benefit of such member's child or 41
children under 18 years of age and un married until the 18th 42
birthday of the member's youngest child. Beginning July 1, 2016, 43
such payments may be extended, for the surviving child of a 44
member in the Special Risk Class at the time he or she was 45
killed in the line of duty on or after July 1, 20 13, until the 46
25th birthday of any child of the member if the child is 47
unmarried and enrolled as a full -time student. Beginning July 1, 48
2017, such payments may be extended, for the surviving child of 49
a member in the Special Risk Class at the time he or she was 50
HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 3 of 6
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
killed in the line of duty on or after July 1, 2002, until the 51
25th birthday of any child of the member if the child is 52
unmarried and enrolled as a full -time student. 53
3. If a member killed in the line of duty leaves no 54
surviving spouse but is surviv ed by a child or children under 18 55
years of age, the benefits provided by subparagraph 1., normally 56
payable to a surviving spouse, shall be paid for the use and 57
benefit of such member's child or children under 18 years of age 58
and unmarried until the 18th b irthday of the member's youngest 59
child. Beginning July 1, 2016, such monthly payments may be 60
extended, for the surviving child of a member in the Special 61
Risk Class at the time he or she was killed in the line of duty 62
on or after July 1, 2013, until the 25 th birthday of any child 63
of the member if the child is unmarried and enrolled as a full -64
time student. Beginning July 1, 2017, such monthly payments may 65
be extended, for the surviving child of a member in the Special 66
Risk Class at the time he or she was kil led in the line of duty 67
on or after July 1, 2002, until the 25th birthday of any child 68
of the member if the child is unmarried and enrolled as a full -69
time student. 70
4. The surviving spouse of a member whose benefit 71
terminated because of remarriage shall h ave the benefit 72
reinstated beginning July 1, 1993, at an amount that would have 73
been payable had the benefit not been terminated. 74
5. Beginning July 1, 2023, if a member killed in the line 75
HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 4 of 6
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
of duty leaves no surviving spouse and leaves no unmarried child 76
or children under 18 years of age, or under 25 years of age if 77
the child is unmarried and enrolled as a full -time student, the 78
benefits provided pursuant to subparagraph 1. must be paid for 79
the use and benefit of such member's surviving parent or parents 80
in equal shares until the death of both parents or for 10 years, 81
whichever occurs first. For the purposes of this subparagraph, 82
the term "parent" means a member's biological or adoptive 83
parent. 84
(i) Notwithstanding any provision in this chapter to the 85
contrary, if a member in the Special Risk Class, other than a 86
participant in the Deferred Retirement Option Program under 87
subsection (13), is killed in the line of duty on or after July 88
1, 2002, the following benefits are payable in addition to the 89
benefits provided in paragraph (d): 90
1. The surviving spouse may receive a monthly pension 91
equal to one-half of the monthly salary being received by the 92
member at the time of the member's death for the rest of the 93
surviving spouse's lifetime or, if the member was ves ted, such 94
surviving spouse may elect to receive a benefit as provided in 95
paragraph (b). Benefits provided by this paragraph supersede any 96
other distribution that may have been provided by the member's 97
designation of beneficiary. 98
2. If the surviving spous e dies, the monthly payments that 99
otherwise would have been payable to such surviving spouse shall 100
HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 5 of 6
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
be paid for the use and benefit of the member's child or 101
children under 18 years of age and unmarried until the 18th 102
birthday of the member's youngest child. Such monthly payments 103
may be extended until the 25th birthday of the member's child if 104
the child is unmarried and enrolled as a full -time student. 105
3. If the member leaves no surviving spouse but is 106
survived by a child or children under 18 years of age, the 107
benefits provided by subparagraph 1., normally payable to a 108
surviving spouse, shall be paid for the use and benefit of such 109
member's child or children under 18 years of age and unmarried 110
until the 18th birthday of the member's youngest child. Such 111
monthly payments may be extended until the 25th birthday of any 112
of the member's children if the child is unmarried and enrolled 113
as a full-time student. 114
4. Beginning July 1, 2023, if a member killed in the line 115
of duty leaves no surviving spouse and leaves no unmarried child 116
or children under 18 years of age, or under 25 years of age if 117
the child is unmarried and enrolled as a full -time student, the 118
benefits provided pursuant to subparagraph 1. must be paid for 119
the use and benefit of such member's surviving pa rent or parents 120
in equal shares until the death of both parents or for 10 years, 121
whichever occurs first. For purposes of this subparagraph, the 122
term "parent" means a member's biological or adoptive parent. 123
Section 2. The Legislature finds that a proper and 124
legitimate state purpose is served when employees and retirees 125
HB 1311 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 6 of 6
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
of the state and of its political subdivisions, and the 126
dependents, survivors, and beneficiaries of such employees and 127
retirees, are extended the basic protections afforded by 128
governmental retirement systems that provide fair and adequate 129
benefits that are managed, administered, and funded in an 130
actuarially sound manner, as required by s. 14, Article X of the 131
State Constitution and part VII of chapter 112, Florida 132
Statutes. Therefore, the L egislature determines and declares 133
that this act fulfills an important state interest. 134
Section 3. This act shall take effect July 1, 2023. 135