22 | | - | engaged in an official training exercise; pro viding a 9 |
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23 | | - | declaration of important state interest; providing an 10 |
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24 | | - | effective date. 11 |
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25 | | - | 12 |
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26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
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27 | | - | 14 |
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28 | | - | Section 1. This act may be cited as the "Deputy Andy 15 |
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29 | | - | Lahera Act." 16 |
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30 | | - | Section 2. Paragraph (h) of subsection (2) of section 17 |
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31 | | - | 112.19, Florida Statutes, is amended to read: 18 |
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32 | | - | 112.19 Law enforcement, correctional, and correctional 19 |
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33 | | - | probation officers; death benefits. — 20 |
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34 | | - | (2) 21 |
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35 | | - | (h)1. Any employer who employs a full -time law 22 |
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36 | | - | enforcement, correctional, or correctional prob ation officer 23 |
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37 | | - | who, on or after January 1, 1995, suffers a catastrophic injury, 24 |
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38 | | - | as defined in s. 440.02, Florida Statutes 2002, in the line of 25 |
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| 22 | + | engaged in an official training exercise; pro viding 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 "Deputy Andy 14 |
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| 28 | + | Lahera Act." 15 |
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| 29 | + | Section 2. Paragraph (h) of subsection (2) of section 16 |
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| 30 | + | 112.19, Florida Statutes, is amended t o read: 17 |
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| 31 | + | 112.19 Law enforcement, correctional, and correctional 18 |
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| 32 | + | probation officers; death benefits. — 19 |
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| 33 | + | (2) 20 |
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| 34 | + | (h)1. Any employer who employs a full -time law 21 |
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| 35 | + | enforcement, correctional, or correctional probation officer 22 |
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| 36 | + | who, on or after January 1, 1995, suffe rs a catastrophic injury, 23 |
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| 37 | + | as defined in s. 440.02, Florida Statutes 2002, in the line of 24 |
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| 38 | + | duty shall pay the entire premium of the employer's health 25 |
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51 | | - | duty shall pay the entire premium of the employer's health 26 |
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52 | | - | insurance plan for the injured employee, the injured em ployee's 27 |
---|
53 | | - | spouse, and for each dependent child of the injured employee 28 |
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54 | | - | until the child reaches the age of majority or until the end of 29 |
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55 | | - | the calendar year in which the child reaches the age of 25 if 30 |
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56 | | - | the child continues to be dependent for support, or the chil d is 31 |
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57 | | - | a full-time or part-time student and is dependent for support. 32 |
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58 | | - | The term "health insurance plan" does not include supplemental 33 |
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59 | | - | benefits that are not part of the basic group health insurance 34 |
---|
60 | | - | plan. If the injured employee subsequently dies, the employer 35 |
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61 | | - | shall continue to pay the entire health insurance premium for 36 |
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62 | | - | the surviving spouse until remarried, and for the dependent 37 |
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63 | | - | children, under the conditions outlined in this paragraph. 38 |
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64 | | - | However: 39 |
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65 | | - | a. Health insurance benefits payable from any other source 40 |
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66 | | - | shall reduce benefits payable under this section. 41 |
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67 | | - | b. It is unlawful for a person to willfully and knowingly 42 |
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68 | | - | make, or cause to be made, or to assist, conspire with, or urge 43 |
---|
69 | | - | another to make, or cause to be made, any false, fraudulent, or 44 |
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70 | | - | misleading oral or writ ten statement to obtain health insurance 45 |
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71 | | - | coverage as provided under this paragraph. A person who violates 46 |
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72 | | - | this sub-subparagraph commits a misdemeanor of the first degree, 47 |
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73 | | - | punishable as provided in s. 775.082 or s. 775.083. 48 |
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74 | | - | c. In addition to any applicabl e criminal penalty, upon 49 |
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75 | | - | conviction for a violation as described in sub -subparagraph b., 50 |
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| 51 | + | insurance plan for the injured employee, the injured employee's 26 |
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| 52 | + | spouse, and for each dependent child of the injured employee 27 |
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| 53 | + | until the child reaches the age of majority or until the end of 28 |
---|
| 54 | + | the calendar year in which the child reaches the age of 25 if 29 |
---|
| 55 | + | the child continues to be dependent for support, or the child is 30 |
---|
| 56 | + | a full-time or part-time student and is dependen t for support. 31 |
---|
| 57 | + | The term "health insurance plan" does not include supplemental 32 |
---|
| 58 | + | benefits that are not part of the basic group health insurance 33 |
---|
| 59 | + | plan. If the injured employee subsequently dies, the employer 34 |
---|
| 60 | + | shall continue to pay the entire health insurance pre mium for 35 |
---|
| 61 | + | the surviving spouse until remarried, and for the dependent 36 |
---|
| 62 | + | children, under the conditions outlined in this paragraph. 37 |
---|
| 63 | + | However: 38 |
---|
| 64 | + | a. Health insurance benefits payable from any other source 39 |
---|
| 65 | + | shall reduce benefits payable under this section. 40 |
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| 66 | + | b. It is unlawful for a person to willfully and knowingly 41 |
---|
| 67 | + | make, or cause to be made, or to assist, conspire with, or urge 42 |
---|
| 68 | + | another to make, or cause to be made, any false, fraudulent, or 43 |
---|
| 69 | + | misleading oral or written statement to obtain health insurance 44 |
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| 70 | + | coverage as provided under this paragraph. A person who violates 45 |
---|
| 71 | + | this sub-subparagraph commits a misdemeanor of the first degree, 46 |
---|
| 72 | + | punishable as provided in s. 775.082 or s. 775.083. 47 |
---|
| 73 | + | c. In addition to any applicable criminal penalty, upon 48 |
---|
| 74 | + | conviction for a violation a s described in sub-subparagraph b., 49 |
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| 75 | + | a law enforcement, correctional, or correctional probation 50 |
---|
88 | | - | a law enforcement, correctional, or correctional probation 51 |
---|
89 | | - | officer or other beneficiary who receives or seeks to receive 52 |
---|
90 | | - | health insurance benefits under this paragraph shall forfeit the 53 |
---|
91 | | - | right to receive such health insurance benefits, and shall 54 |
---|
92 | | - | reimburse the employer for all benefits paid due to the fraud or 55 |
---|
93 | | - | other prohibited activity. For purposes of this sub -56 |
---|
94 | | - | subparagraph, the term "conviction" means a determination of 57 |
---|
95 | | - | guilt that is the result of a plea or trial, regardless of 58 |
---|
96 | | - | whether adjudication is withheld. 59 |
---|
97 | | - | 2. In order for the officer, spouse, and dependent 60 |
---|
98 | | - | children to be eligible for such insurance coverage, the injury 61 |
---|
99 | | - | must have occurred while the officer was in th e line of duty or 62 |
---|
100 | | - | engaged in an official training exercise as the result of the 63 |
---|
101 | | - | officer's response to fresh pursuit, the officer's response to 64 |
---|
102 | | - | what is reasonably believed to be an emergency, or an unlawful 65 |
---|
103 | | - | act perpetrated by another . Except as otherwise pr ovided herein, 66 |
---|
104 | | - | this paragraph may not be construed to limit health insurance 67 |
---|
105 | | - | coverage for which the officer, spouse, or dependent children 68 |
---|
106 | | - | may otherwise be eligible, except that a person who qualifies 69 |
---|
107 | | - | under this section is not eligible for the health insur ance 70 |
---|
108 | | - | subsidy provided under chapter 121, chapter 175, or chapter 185. 71 |
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109 | | - | Section 3. The Legislature determines and declares that 72 |
---|
110 | | - | this act fulfills an important state interest. 73 |
---|
111 | | - | Section 4. This act shall take effect July 1, 2025. 74 |
---|
| 88 | + | officer or other beneficiary who receives or seeks to receive 51 |
---|
| 89 | + | health insurance benefits under this paragraph shall forfeit the 52 |
---|
| 90 | + | right to receive such health insur ance benefits, and shall 53 |
---|
| 91 | + | reimburse the employer for all benefits paid due to the fraud or 54 |
---|
| 92 | + | other prohibited activity. For purposes of this sub -55 |
---|
| 93 | + | subparagraph, the term "conviction" means a determination of 56 |
---|
| 94 | + | guilt that is the result of a plea or trial, regardle ss of 57 |
---|
| 95 | + | whether adjudication is withheld. 58 |
---|
| 96 | + | 2. In order for the officer, spouse, and dependent 59 |
---|
| 97 | + | children to be eligible for such insurance coverage, the injury 60 |
---|
| 98 | + | must have occurred while the officer was in the line of duty or 61 |
---|
| 99 | + | engaged in an official training exe rcise as the result of the 62 |
---|
| 100 | + | officer's response to fresh pursuit, the officer's response to 63 |
---|
| 101 | + | what is reasonably believed to be an emergency, or an unlawful 64 |
---|
| 102 | + | act perpetrated by another . Except as otherwise provided herein, 65 |
---|
| 103 | + | this paragraph may not be construed to limit health insurance 66 |
---|
| 104 | + | coverage for which the officer, spouse, or dependent children 67 |
---|
| 105 | + | may otherwise be eligible, except that a person who qualifies 68 |
---|
| 106 | + | under this section is not eligible for the health insurance 69 |
---|
| 107 | + | subsidy provided under chapter 121, chapter 175, or chapter 185. 70 |
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| 108 | + | Section 3. This act shall take effect July 1, 2025. 71 |
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