112.19 Law enforcement, correctional, and correctional probation officers; death benefits.—
(1) As used in this section, the term:
(a) “Employer” means a state board, commission, department, division, bureau, or agency, or a county, municipality, or other political subdivision of the state, which employs, appoints, or otherwise engages the services of law enforcement, correctional, or correctional probation officers.
(b) “Fresh pursuit” means the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance. The term does not imply instant pursuit, but pursuit without unreasonable delay.
(c) “Insurance” means insurance procured from a stock company or mutual company or association or exchange authorized to do business as an insurer in this state.
(d) “Law enforcement, correctional, or correctional probation officer” means any officer as defined in s. 943.10(14) or employee of the state or any political subdivision of the state, including any law enforcement officer, correctional officer, correctional probation officer, state attorney investigator, public defender investigator, or criminal conflict and civil regional counsel investigator, whose duties require such officer or employee to investigate, pursue, apprehend, arrest, transport, or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime; and the term includes any member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices. The term also includes any full-time officer or employee of the state or any political subdivision of the state, certified pursuant to chapter 943, whose duties require such officer to serve process or to attend a session of a circuit or county court as bailiff.
(2)(a) The sum of $75,000 must be paid as provided in this section when a law enforcement, correctional, or correctional probation officer, while engaged in the performance of the officer’s law enforcement duties, is accidentally killed or receives accidental bodily injury which results in the loss of the officer’s life, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted.
(b) The sum of $75,000 must be paid as provided in this section if a law enforcement, correctional, or correctional probation officer is accidentally killed as specified in paragraph (a) and the accidental death occurs:
1. As a result of the officer’s response to fresh pursuit;
2. As a result of the officer’s response to what is reasonably believed to be an emergency;
3. At the scene of a traffic accident to which the officer has responded; or
4. While the officer is enforcing what is reasonably believed to be a traffic law or ordinance.
This sum is in addition to any sum provided for in paragraph (a).
(c) If a law enforcement, correctional, or correctional probation officer, while engaged in the performance of the officer’s law enforcement duties, is unlawfully and intentionally killed or dies as a result of such unlawful and intentional act, the sum of $225,000 must be paid as provided in this section.
(d) Such payments, pursuant to paragraphs (a), (b), and (c), whether secured by insurance or not, must be made to the beneficiary designated by such law enforcement, correctional, or correctional probation officer in writing, signed by the officer and delivered to the employer during the officer’s lifetime. If no such designation is made, then the payments must be paid to the officer’s surviving child or children and to the officer’s surviving spouse in equal portions, and if there is no surviving child or spouse, then to the officer’s parent or parents. If a beneficiary is not designated and there is no surviving child, spouse, or parent, then the sum must be paid to the officer’s estate.
(e) Such payments, pursuant to paragraphs (a), (b), and (c), are in addition to any workers’ compensation or retirement plan benefits and are exempt from the claims and demands of creditors of such law enforcement, correctional, or correctional probation officer.
(f) If a full-time law enforcement, correctional, or correctional probation officer who is certified pursuant to chapter 943 and employed by a state agency is killed in the line of duty while the officer is engaged in the performance of law enforcement duties or as a result of an assault against the officer under riot conditions:
1. The sum of $10,000 must be paid, as provided for in paragraph (d), toward the funeral and burial expenses of such officer. Such benefits are in addition to any other benefits to which employee beneficiaries and dependents are entitled under the Workers’ Compensation Law or any other state or federal statutes; and
2. The officer’s employing agency may pay up to $5,000 directly toward the venue expenses associated with the funeral and burial services of such officer.
(g) Any political subdivision of the state that employs a full-time law enforcement officer as defined in s. 943.10(1) or a full-time correctional officer as defined in s. 943.10(2) who is killed in the line of duty on or after July 1, 1993, as a result of an act of violence inflicted by another person while the officer is engaged in the performance of law enforcement duties or as a result of an assault against the officer under riot conditions shall pay the entire premium of the political subdivision’s health insurance plan for the employee’s surviving spouse until remarried, and for each dependent child of the employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if:
1. At the time of the employee’s death, the child is dependent upon the employee for support; and
2. The surviving child continues to be dependent for support, or the surviving child is a full-time or part-time student and is dependent for support.
(h)1. Any employer who employs a full-time law enforcement, correctional, or correctional probation officer who, on or after January 1, 1995, suffers a catastrophic injury, as defined in s. 440.02, Florida Statutes 2002, in the line of duty shall pay the entire premium of the employer’s health insurance plan for the injured employee, the injured employee’s spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term “health insurance plan” does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children, under the conditions outlined in this paragraph. However:
a. Health insurance benefits payable from any other source shall reduce benefits payable under this section.
b. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement to obtain health insurance coverage as provided under this paragraph. A person who violates this sub-subparagraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
c. In addition to any applicable criminal penalty, upon conviction for a violation as described in sub-subparagraph b., a law enforcement, correctional, or correctional probation officer or other beneficiary who receives or seeks to receive health insurance benefits under this paragraph shall forfeit the right to receive such health insurance benefits, and shall reimburse the employer for all benefits paid due to the fraud or other prohibited activity. For purposes of this sub-subparagraph, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
2. In order for the officer, spouse, and dependent children to be eligible for such insurance coverage, the injury must have occurred while the officer was in the line of duty or engaged in an official training exercise. Except as otherwise provided herein, this paragraph may not be construed to limit health insurance coverage for which the officer, spouse, or dependent children may otherwise be eligible, except that a person who qualifies under this section is not eligible for the health insurance subsidy provided under chapter 121, chapter 175, or chapter 185.
(i) The Bureau of Crime Prevention and Training within the Department of Legal Affairs shall adopt rules necessary to implement paragraphs (a), (b), and (c).
(3) If a law enforcement, correctional, or correctional probation officer is accidentally killed as specified in paragraph (2)(b) on or after June 22, 1990, but before July 1, 2019, or unlawfully and intentionally killed as specified in paragraph (2)(c) on or after July 1, 1980, but before July 1, 2019, the state must waive certain educational expenses that the child or spouse of the deceased officer incurs while obtaining a career certificate, an undergraduate education, or a postgraduate education. The amount waived by the state must be in an amount equal to the cost of tuition and matriculation and registration fees for a total of 120 credit hours. The child or spouse may attend a state career center, a Florida College System institution, or a state university on either a full-time or part-time basis. The benefits provided to a child under this subsection shall continue until the child’s 25th birthday. The benefits provided to a spouse under this subsection must commence within 5 years after the death occurs, and entitlement thereto shall continue until the 10th anniversary of that death.
(a) Upon failure of any child or spouse who receives a waiver in accordance with this subsection to comply with the ordinary and minimum requirements regarding discipline and scholarship of the institution attended, such benefits must be withdrawn as to the child or spouse and no further moneys may be expended for the child’s or spouse’s benefits so long as such failure or delinquency continues.
(b) Only a student in good standing in his or her respective institution may receive the benefits provided in this subsection.
(c) A child or spouse receiving benefits under this subsection must be enrolled according to the customary rules and requirements of the institution attended.
(4)(a) The employer of such law enforcement, correctional, or correctional probation officer is liable for the payment of the sums specified in this section and is deemed self-insured, unless it procures and maintains, or has already procured and maintained, insurance to secure such payments. Any such insurance may cover only the risks indicated in this section, in the amounts indicated in this section, or it may cover those risks and additional risks and may be in larger amounts. Any such insurance must be placed by such employer only after public bid of such insurance coverage which must be awarded to the carrier making the lowest best bid.
(b) Payment of benefits to beneficiaries of state employees, or of the premiums to cover the risk, under this section must be paid from existing funds otherwise appropriated to the department employing the law enforcement, correctional, or correctional probation officers.
(5) The State Board of Education shall adopt rules and procedures, and the Board of Governors shall adopt regulations and procedures, as are appropriate and necessary to implement the educational benefits provisions of this section.
(6) Notwithstanding any provision of this section to the contrary, the death benefits provided in paragraphs (2)(c) and (g) shall also be applicable and paid in cases where an officer received bodily injury before July 1, 1993, and subsequently died on or after July 1, 1993, as a result of such in-line-of-duty injury attributable to an unlawful and intentional act, or an act of violence inflicted by another, or an assault on the officer under riot conditions. Payment of such benefits must be in accordance with this section. This subsection may not be construed to limit death benefits for which those individuals listed in paragraph (2)(d) may otherwise be eligible.
...specifically states that the death benefits “shall . . . be applicable and paid in
cases where an officer received bodily injury before July 1, 1993, and
subsequently died on or after July 1, 1993, as a result of such in-line-of-duty
injury[.]” § 112.19(6), Fla....
...Littky-Rubin of Clark, Fountain, La Vista, Prather, Keen &
Littky-Rubin, LLP, West Palm Beach, and Ryan J. Wynne of Slinkman,
Slinkman & Wynne, P.A., Jupiter, for appellants.
Glen J. Torcivia and Matthew L. Ransdell of Torcivia, Donlon, Goddeau
& Ansay, P.A., West Palm Beach, for appellee.
GROSS, J.
Section 112.19, Florida Statutes (2015), provides benefits to certain
officers connected with law enforcement. Appellant Joseph Viera, a former
law enforcement officer with the City of Lake Worth, sought section
112.19(2)(h)1. benefits from the City. The circuit court dismissed his case
on the ground that the statute of limitations barred his claim. Because
section 112.19(2)(h)1. creates a statutory entitlement to benefits to be paid
out periodically over time, we hold that the trial court erred in dismissing
the portion of his claim that accrued after January 8, 2006.
Section 112.19 provides benefits to law enforcement officers who are
killed or injured in the line of duty. Section 112.19(2)(h)1....
...subparagraph b., a law enforcement, correctional, or
correctional probation officer or other beneficiary who
receives or seeks to receive health insurance benefits
under this paragraph shall forfeit the right to receive
1 Section 112.19(1)(a) defines employer as meaning
a state board, commission, department, division, bureau, or
agency, or a county, municipality, or other political subdivision of
the state, which employs, appoints, or other...
...Viera reached a workers’ compensation settlement with the City
in 2008. 2
On January 8, 2010, Viera, along with his dependent children, filed a
declaratory relief action seeking (1) a declaration that the City did not
perform its statutory duty of paying for health insurance coverage under
section 112.19(2)(h)1., Florida Statutes; (2) an order directing the City to
pay for future health insurance coverage; and (3) an award of damages for
the money appellant had to pay for health insurance coverage from
December 2002 plus interest.
T...
...The circuit court granted the City’s motion for summary judgment on
statute of limitations grounds. The court expressly declined to reach the
City’s sovereign immunity argument.
Nothing in the record suggests that the City would have satisfied its
section 112.19(2)(h)1....
...Government health
2 For the purpose of the summary judgment, the City accepts the statement of
these facts in the light most favorable to Viera.
-3-
insurance benefits are typically paid periodically over time; section
112.19(2)(h)1....
...2014) (applying “continuing violation principle” to a
restrictive covenant running with the land).
Applying Bishop, Tucker, and Lee to this case, a separate cause of
action accrued each time the City failed to make a periodic payment
required by section 112.19(2)(h)1.
Viera filed his case on January 8, 2010....
...While the four year statute of
limitations had run on any loss prior to January 8, 2006, the statute did
not bar any claims arising thereafter.
We reject Viera’s argument that the City had an obligation to notify him
of the benefits available to him under section 112.19(2)(h)1. Nothing in
section 112.19 imposes a duty on the employer to notify an employee of
his or her rights under the statute.
We do not reach the issue of the City’s sovereign immunity because the
circuit judge did not rule on that basis....
...Appellant was informed by letter on November 9, 1984, that appellee would no longer pay the insurance premiums which had previously been paid for his investiga-. tors. Appellant sought a declaratory judgment to determine whether appellee was responsible for paying the premiums pursuant to § 112.19, Florida Statutes (1983), and § 112.1904, Florida Statutes (1984 Supp.). Section 112.19(l)(c) provides: 112.19 Law enforcement officers; death benefits.— (c) The term ‘law enforcement officer’ means a full-time officer, deputy, agent or employee of an employer, whether elected at the polls, appointed or employed, whose duties require him to enforce criminal laws, make investigations relating thereto, apprehend and arrest violators thereof or transport, handle or guard persons arrested for, charged with or convicted of violations thereof, (emphasis supplied) Section 112.1904(1) provides: 112.1904 Law enforcement officers unlawfully and intentionally killed in performance of duties; death benefits.— (1) As used in this section, the term ‘law enforcement officer’ means a full-time officer or employee of the state or any political...
outside employment at issue. Question One (B) Section 112.19, F.S., provides in pertinent part, as follows:
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
