Florida § 112.1911 - Emergency medical technicians and paramedics; death benefits.

§ 112.1911. Emergency medical technicians and paramedics; death benefits.

(1) As used in this section, the term: (a) “Emergency medical technician” means a person who is certified by the Department of Health to perform basic life support pursuant to part III of chapter 401, who is employed by an employer, and whose primary duties and responsibilities include on-the-scene emergency medical care. (b) “Employer” means a state board, commission, department, division, bureau, or agency, or a county, municipality, or other political subdivision of the state. (c) “Insurance” means insurance procured from a stock company or mutual company, or an association or exchange authorized to do business as an insurer in this state. (d) “Paramedic” means a person who is certified by the Department of Health to perform basic and advanced life support pursuant to part III of chapter 401, who is employed by an employer, and whose primary duties and responsibilities include on-the-scene emergency medical care. (2)(a) The sum of $75,000 must be paid as provided in this section when an emergency medical technician or a paramedic, while engaged in the performance of his or her official duties, is accidentally killed or receives an accidental bodily injury that subsequently results in the loss of the individual’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 an emergency medical technician or a paramedic is accidentally killed as specified in paragraph (a) and the accidental death occurs as a result of the emergency medical technician’s or paramedic’s response to what is reasonably believed to be an emergency involving the protection of life. This sum is in addition to any sum provided under paragraph (a). (c) If an emergency medical technician or a paramedic, while engaged in the performance of his or her official duties, is unlawfully and intentionally killed or is injured by an unlawful and intentional act of another person and dies as a result of such injury, 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 emergency medical technician or paramedic in a written and signed form, which must be delivered to the employer during the emergency medical technician’s or paramedic’s lifetime. If no such designation is made, then the payments must be made to the emergency medical technician’s or paramedic’s surviving child or children and to his or her surviving spouse in equal portions, or if there is no surviving child or spouse, must be made to the emergency medical technician’s or paramedic’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 emergency medical technician’s or paramedic’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 emergency medical technician or paramedic. (3)(a) The employer of an emergency medical technician or a paramedic is liable for the payment of the benefits specified in this section and is deemed self-insured, unless it procures and maintains, or has already procured and maintained, insurance to cover 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 agency that employed the emergency medical technician or paramedic.