Florida 2025 2025 Regular Session

Florida House Bill H0749 Comm Sub / Bill

Filed 04/17/2025

                       
 
CS/HB 749  	2025 
 
 
 
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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 benefits for firefighters injured 2 
during training exercises; providing a short title; 3 
amending s. 112.191, F.S.; providing that a 4 
firefighter and his or her spouse and dependent 5 
children are eligible for certain insurance coverage 6 
if the firefighter is totally and permanently disabled 7 
during an official training exercise; providing a 8 
declaration of important state interest; providing an 9 
effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1. This act may be cited as the "Captain Anthony 14 
Gillan Act." 15 
 Section 2.  Paragraph (g) of subsection (2) of section 16 
112.191, Florida Statutes, is amended to read: 17 
 112.191  Firefighters; death benefits. — 18 
 (2) 19 
 (g)1.  Any employer who employs a full -time firefighter 20 
who, on or after January 1, 1995, suffers a catastrophic injury, 21 
as defined in s. 440.02, Florida Statutes 2002, in the line of 22 
duty shall pay the entire prem ium of the employer's health 23 
insurance plan for the injured employee, the injured employee's 24 
spouse, and for each dependent child of the injured employee 25     
 
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until the child reaches the age of majority or until the end of 26 
the calendar year in which the child r eaches the age of 25 if 27 
the child continues to be dependent for support, or the child is 28 
a full-time or part-time student and is dependent for support. 29 
The term "health insurance plan" does not include supplemental 30 
benefits that are not part of the basic g roup health insurance 31 
plan. If the injured employee subsequently dies, the employer 32 
shall continue to pay the entire health insurance premium for 33 
the surviving spouse until remarried, and for the dependent 34 
children, under the conditions outlined in this pa ragraph. 35 
However: 36 
 a.  Health insurance benefits payable from any other source 37 
shall reduce benefits payable under this section. 38 
 b.  It is unlawful for a person to willfully and knowingly 39 
make, or cause to be made, or to assist, conspire with, or urge 40 
another to make, or cause to be made, any false, fraudulent, or 41 
misleading oral or written statement to obtain health insurance 42 
coverage as provided under this paragraph. A person who violates 43 
this sub-subparagraph commits a misdemeanor of the first degree, 44 
punishable as provided in s. 775.082 or s. 775.083. 45 
 c.  In addition to any applicable criminal penalty, upon 46 
conviction for a violation as described in sub -subparagraph b., 47 
a firefighter or other beneficiary who receives or seeks to 48 
receive health insuranc e benefits under this paragraph shall 49 
forfeit the right to receive such health insurance benefits, and 50     
 
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shall reimburse the employer for all benefits paid due to the 51 
fraud or other prohibited activity. For purposes of this sub -52 
subparagraph, the term "convic tion" means a determination of 53 
guilt that is the result of a plea or trial, regardless of 54 
whether adjudication is withheld. 55 
 2.  In order for the firefighter, spouse, and dependent 56 
children to be eligible for such insurance coverage, the injury 57 
must have occurred as the result of the firefighter's response 58 
to what is reasonably believed to be an emergency involving the 59 
protection of life or property , or an unlawful act perpetrated 60 
by another, or the injury must have occurred during an official 61 
training exercise in which the firefighter became totally and 62 
permanently disabled . Except as otherwise provided herein, this 63 
paragraph may not be construed to limit health insurance 64 
coverage for which the firefighter, spouse, or dependent 65 
children may otherwise be eli gible, except that a person who 66 
qualifies for benefits under this section is not eligible for 67 
the health insurance subsidy provided under chapter 121, chapter 68 
175, or chapter 185. 69 
 70 
Notwithstanding any provision of this section to the contrary, 71 
the death benefits provided in paragraphs (b), (c), and (f) 72 
shall also be applicable and paid in cases where a firefighter 73 
received bodily injury prior to July 1, 1993, and subsequently 74 
died on or after July 1, 1993, as a result of such in -line-of-75     
 
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duty injury. 76 
 Section 3. The Legislature determines and declares that 77 
this act fulfills an important state interest. 78 
 Section 4. This act shall take effect July 1, 2025. 79