Florida 2025 2025 Regular Session

Florida Senate Bill S1202 Introduced / Bill

Filed 02/25/2025

 Florida Senate - 2025 SB 1202  By Senator McClain 9-01668-25 20251202__ 1 A bill to be entitled 2 An act relating to benefits for firefighters injured 3 during training exercises; amending s. 112.191, F.S.; 4 providing that a firefighter and his or her spouse and 5 dependent children are eligible for certain insurance 6 coverage if the firefighter is totally and permanently 7 disabled during an official training exercise; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1.Paragraph (g) of subsection (2) of section 13 112.191, Florida Statutes, is amended to read: 14 112.191Firefighters; death benefits. 15 (2) 16 (g)1.Any employer who employs a full-time firefighter who, 17 on or after January 1, 1995, suffers a catastrophic injury, as 18 defined in s. 440.02, Florida Statutes 2002, in the line of duty 19 shall pay the entire premium of the employers health insurance 20 plan for the injured employee, the injured employees spouse, 21 and for each dependent child of the injured employee until the 22 child reaches the age of majority or until the end of the 23 calendar year in which the child reaches the age of 25 if the 24 child continues to be dependent for support, or the child is a 25 full-time or part-time student and is dependent for support. The 26 term health insurance plan does not include supplemental 27 benefits that are not part of the basic group health insurance 28 plan. If the injured employee subsequently dies, the employer 29 shall continue to pay the entire health insurance premium for 30 the surviving spouse until remarried, and for the dependent 31 children, under the conditions outlined in this paragraph. 32 However: 33 a.Health insurance benefits payable from any other source 34 shall reduce benefits payable under this section. 35 b.It is unlawful for a person to willfully and knowingly 36 make, or cause to be made, or to assist, conspire with, or urge 37 another to make, or cause to be made, any false, fraudulent, or 38 misleading oral or written statement to obtain health insurance 39 coverage as provided under this paragraph. A person who violates 40 this sub-subparagraph commits a misdemeanor of the first degree, 41 punishable as provided in s. 775.082 or s. 775.083. 42 c.In addition to any applicable criminal penalty, upon 43 conviction for a violation as described in sub-subparagraph b., 44 a firefighter or other beneficiary who receives or seeks to 45 receive health insurance benefits under this paragraph shall 46 forfeit the right to receive such health insurance benefits, and 47 shall reimburse the employer for all benefits paid due to the 48 fraud or other prohibited activity. For purposes of this sub 49 subparagraph, the term conviction means a determination of 50 guilt that is the result of a plea or trial, regardless of 51 whether adjudication is withheld. 52 2.In order for the firefighter, spouse, and dependent 53 children to be eligible for such insurance coverage, the injury 54 must have occurred as the result of the firefighters response 55 to what is reasonably believed to be an emergency involving the 56 protection of life or property, or an unlawful act perpetrated 57 by another, or the injury must have occurred during an official 58 training exercise in which the firefighter became totally and 59 permanently disabled. Except as otherwise provided herein, this 60 paragraph may not be construed to limit health insurance 61 coverage for which the firefighter, spouse, or dependent 62 children may otherwise be eligible, except that a person who 63 qualifies for benefits under this section is not eligible for 64 the health insurance subsidy provided under chapter 121, chapter 65 175, or chapter 185. 66 67 Notwithstanding any provision of this section to the contrary, 68 the death benefits provided in paragraphs (b), (c), and (f) 69 shall also be applicable and paid in cases where a firefighter 70 received bodily injury prior to July 1, 1993, and subsequently 71 died on or after July 1, 1993, as a result of such in-line-of 72 duty injury. 73 Section 2.This act shall take effect July 1, 2025.