| 21 | | - | during an official training exercise; providing a 8 |
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| 22 | | - | declaration of important state interest; providing an 9 |
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| 23 | | - | effective date. 10 |
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| 24 | | - | 11 |
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| 25 | | - | Be It Enacted by the Legislature of the State of Florida: 12 |
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| 26 | | - | 13 |
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| 27 | | - | Section 1. This act may be cited as the "Captain Anthony 14 |
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| 28 | | - | Gillan Act." 15 |
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| 29 | | - | Section 2. Paragraph (g) of subsection (2) of section 16 |
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| 30 | | - | 112.191, Florida Statutes, is amended to read: 17 |
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| 31 | | - | 112.191 Firefighters; death benefits. — 18 |
|---|
| 32 | | - | (2) 19 |
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| 33 | | - | (g)1. Any employer who employs a full -time firefighter 20 |
|---|
| 34 | | - | who, on or after January 1, 1995, suffers a catastrophic injury, 21 |
|---|
| 35 | | - | as defined in s. 440.02, Florida Statutes 2002, in the line of 22 |
|---|
| 36 | | - | duty shall pay the entire prem ium of the employer's health 23 |
|---|
| 37 | | - | insurance plan for the injured employee, the injured employee's 24 |
|---|
| 38 | | - | spouse, and for each dependent child of the injured employee 25 |
|---|
| 21 | + | during an official training exercise; providing an 8 |
|---|
| 22 | + | effective date. 9 |
|---|
| 23 | + | 10 |
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| 24 | + | Be It Enacted by the Legislature of the State of Florida: 11 |
|---|
| 25 | + | 12 |
|---|
| 26 | + | Section 1. This act may be cited as the "Captain Anthony 13 |
|---|
| 27 | + | Gillan Act." 14 |
|---|
| 28 | + | Section 2. Paragraph (g) of subsection (2) of section 15 |
|---|
| 29 | + | 112.191, Florida Statutes, is amended to read: 16 |
|---|
| 30 | + | 112.191 Firefighters; death benefits. — 17 |
|---|
| 31 | + | (2) 18 |
|---|
| 32 | + | (g)1. Any employer who employs a full -time firefighter 19 |
|---|
| 33 | + | who, on or after January 1, 1995, suffers a catastrophic injury, 20 |
|---|
| 34 | + | as defined in s. 440.02, Florida Statutes 2002, in the line of 21 |
|---|
| 35 | + | duty shall pay the entire premium of the employer's health 22 |
|---|
| 36 | + | insurance plan for the i njured employee, the injured employee's 23 |
|---|
| 37 | + | spouse, and for each dependent child of the injured employee 24 |
|---|
| 38 | + | until the child reaches the age of majority or until the end of 25 |
|---|
| 51 | | - | until the child reaches the age of majority or until the end of 26 |
|---|
| 52 | | - | the calendar year in which the child r eaches the age of 25 if 27 |
|---|
| 53 | | - | the child continues to be dependent for support, or the child is 28 |
|---|
| 54 | | - | a full-time or part-time student and is dependent for support. 29 |
|---|
| 55 | | - | The term "health insurance plan" does not include supplemental 30 |
|---|
| 56 | | - | benefits that are not part of the basic g roup health insurance 31 |
|---|
| 57 | | - | plan. If the injured employee subsequently dies, the employer 32 |
|---|
| 58 | | - | shall continue to pay the entire health insurance premium for 33 |
|---|
| 59 | | - | the surviving spouse until remarried, and for the dependent 34 |
|---|
| 60 | | - | children, under the conditions outlined in this pa ragraph. 35 |
|---|
| 61 | | - | However: 36 |
|---|
| 62 | | - | a. Health insurance benefits payable from any other source 37 |
|---|
| 63 | | - | shall reduce benefits payable under this section. 38 |
|---|
| 64 | | - | b. It is unlawful for a person to willfully and knowingly 39 |
|---|
| 65 | | - | make, or cause to be made, or to assist, conspire with, or urge 40 |
|---|
| 66 | | - | another to make, or cause to be made, any false, fraudulent, or 41 |
|---|
| 67 | | - | misleading oral or written statement to obtain health insurance 42 |
|---|
| 68 | | - | coverage as provided under this paragraph. A person who violates 43 |
|---|
| 69 | | - | this sub-subparagraph commits a misdemeanor of the first degree, 44 |
|---|
| 70 | | - | punishable as provided in s. 775.082 or s. 775.083. 45 |
|---|
| 71 | | - | c. In addition to any applicable criminal penalty, upon 46 |
|---|
| 72 | | - | conviction for a violation as described in sub -subparagraph b., 47 |
|---|
| 73 | | - | a firefighter or other beneficiary who receives or seeks to 48 |
|---|
| 74 | | - | receive health insuranc e benefits under this paragraph shall 49 |
|---|
| 75 | | - | forfeit the right to receive such health insurance benefits, and 50 |
|---|
| 51 | + | the calendar year in which the child reaches the age of 25 if 26 |
|---|
| 52 | + | the child continues to be dep endent for support, or the child is 27 |
|---|
| 53 | + | a full-time or part-time student and is dependent for support. 28 |
|---|
| 54 | + | The term "health insurance plan" does not include supplemental 29 |
|---|
| 55 | + | benefits that are not part of the basic group health insurance 30 |
|---|
| 56 | + | plan. If the injured employee s ubsequently dies, the employer 31 |
|---|
| 57 | + | shall continue to pay the entire health insurance premium for 32 |
|---|
| 58 | + | the surviving spouse until remarried, and for the dependent 33 |
|---|
| 59 | + | children, under the conditions outlined in this paragraph. 34 |
|---|
| 60 | + | However: 35 |
|---|
| 61 | + | a. Health insurance benefits paya ble from any other source 36 |
|---|
| 62 | + | shall reduce benefits payable under this section. 37 |
|---|
| 63 | + | b. It is unlawful for a person to willfully and knowingly 38 |
|---|
| 64 | + | make, or cause to be made, or to assist, conspire with, or urge 39 |
|---|
| 65 | + | another to make, or cause to be made, any false, fraudul ent, or 40 |
|---|
| 66 | + | misleading oral or written statement to obtain health insurance 41 |
|---|
| 67 | + | coverage as provided under this paragraph. A person who violates 42 |
|---|
| 68 | + | this sub-subparagraph commits a misdemeanor of the first degree, 43 |
|---|
| 69 | + | punishable as provided in s. 775.082 or s. 775.083. 44 |
|---|
| 70 | + | c. In addition to any applicable criminal penalty, upon 45 |
|---|
| 71 | + | conviction for a violation as described in sub -subparagraph b., 46 |
|---|
| 72 | + | a firefighter or other beneficiary who receives or seeks to 47 |
|---|
| 73 | + | receive health insurance benefits under this paragraph shall 48 |
|---|
| 74 | + | forfeit the right to receive such health insurance benefits, and 49 |
|---|
| 75 | + | shall reimburse the employer for all benefits paid due to the 50 |
|---|
| 88 | | - | shall reimburse the employer for all benefits paid due to the 51 |
|---|
| 89 | | - | fraud or other prohibited activity. For purposes of this sub -52 |
|---|
| 90 | | - | subparagraph, the term "convic tion" means a determination of 53 |
|---|
| 91 | | - | guilt that is the result of a plea or trial, regardless of 54 |
|---|
| 92 | | - | whether adjudication is withheld. 55 |
|---|
| 93 | | - | 2. In order for the firefighter, spouse, and dependent 56 |
|---|
| 94 | | - | children to be eligible for such insurance coverage, the injury 57 |
|---|
| 95 | | - | must have occurred as the result of the firefighter's response 58 |
|---|
| 96 | | - | to what is reasonably believed to be an emergency involving the 59 |
|---|
| 97 | | - | protection of life or property , or an unlawful act perpetrated 60 |
|---|
| 98 | | - | by another, or the injury must have occurred during an official 61 |
|---|
| 99 | | - | training exercise in which the firefighter became totally and 62 |
|---|
| 100 | | - | permanently disabled . Except as otherwise provided herein, this 63 |
|---|
| 101 | | - | paragraph may not be construed to limit health insurance 64 |
|---|
| 102 | | - | coverage for which the firefighter, spouse, or dependent 65 |
|---|
| 103 | | - | children may otherwise be eli gible, except that a person who 66 |
|---|
| 104 | | - | qualifies for benefits under this section is not eligible for 67 |
|---|
| 105 | | - | the health insurance subsidy provided under chapter 121, chapter 68 |
|---|
| 106 | | - | 175, or chapter 185. 69 |
|---|
| 107 | | - | 70 |
|---|
| 108 | | - | Notwithstanding any provision of this section to the contrary, 71 |
|---|
| 109 | | - | the death benefits provided in paragraphs (b), (c), and (f) 72 |
|---|
| 110 | | - | shall also be applicable and paid in cases where a firefighter 73 |
|---|
| 111 | | - | received bodily injury prior to July 1, 1993, and subsequently 74 |
|---|
| 112 | | - | died on or after July 1, 1993, as a result of such in -line-of-75 |
|---|
| 88 | + | fraud or other prohibited activity. For purposes of this sub -51 |
|---|
| 89 | + | subparagraph, the term "conviction" means a determination of 52 |
|---|
| 90 | + | guilt that is the resu lt of a plea or trial, regardless of 53 |
|---|
| 91 | + | whether adjudication is withheld. 54 |
|---|
| 92 | + | 2. In order for the firefighter, spouse, and dependent 55 |
|---|
| 93 | + | children to be eligible for such insurance coverage, the injury 56 |
|---|
| 94 | + | must have occurred as the result of the firefighter's response 57 |
|---|
| 95 | + | to what is reasonably believed to be an emergency involving the 58 |
|---|
| 96 | + | protection of life or property , or an unlawful act perpetrated 59 |
|---|
| 97 | + | by another, or the injury must have occurred during an official 60 |
|---|
| 98 | + | training exercise in which the firefighter became totally and 61 |
|---|
| 99 | + | permanently disabled. Except as otherwise provided herein, this 62 |
|---|
| 100 | + | paragraph may not be construed to limit health insurance 63 |
|---|
| 101 | + | coverage for which the firefighter, spouse, or dependent 64 |
|---|
| 102 | + | children may otherwise be eligible, except that a person who 65 |
|---|
| 103 | + | qualifies for benefit s under this section is not eligible for 66 |
|---|
| 104 | + | the health insurance subsidy provided under chapter 121, chapter 67 |
|---|
| 105 | + | 175, or chapter 185. 68 |
|---|
| 106 | + | 69 |
|---|
| 107 | + | Notwithstanding any provision of this section to the contrary, 70 |
|---|
| 108 | + | the death benefits provided in paragraphs (b), (c), and (f) 71 |
|---|
| 109 | + | shall also be applicable and paid in cases where a firefighter 72 |
|---|
| 110 | + | received bodily injury prior to July 1, 1993, and subsequently 73 |
|---|
| 111 | + | died on or after July 1, 1993, as a result of such in -line-of-74 |
|---|
| 112 | + | duty injury. 75 |
|---|