(1) For the purposes of this section, the term:
(a) “Call for service” means actively performing official duties, including the identification, prevention, or enforcement of the penal, traffic, or highway laws of this state, traveling to the scene of an emergency situation, and performing those functions for which the emergency responder has been trained and certified to perform.
(b) “Emergency responder” means a law enforcement officer, a firefighter, an emergency medical technician, or a paramedic.
(c) “Emergency medical technician” has the same meaning as provided in s. 401.23.
(d) “Firefighter” has the same meaning as provided in s. 633.102.
(e) “Law enforcement officer” has the same meaning as provided in s. 943.10.
(f) “Paramedic” has the same meaning as provided in s. 401.23.
(g) “Surviving family members of an emergency responder” means the surviving spouse, children, parents or guardian, or siblings of a deceased emergency responder.
(2) Notwithstanding ss. 960.065(1) and 960.13, the department may award for any one claim up to a maximum of $50,000, to the surviving family members of an emergency responder who, as a result of a crime, is killed answering a call for service in the line of duty.
(3) In determining the amount of an award, the department shall determine whether, because of his or her conduct, the emergency responder contributed to his or her death, and the department shall reduce the amount of the award or reject the claim altogether, in accordance with such determination. However, the department may disregard the contribution of the emergency responder to his or her own death when the record shows that such contribution was attributed to efforts by the emergency responder acting as an intervenor as defined in s. 960.03.
(4) If there are two or more persons entitled to an award pursuant to this section for the same incident, the award shall be apportioned among the claimants at the discretion and direction of the department.
(5) The department may adopt rules that establish award limits below the amount set forth in subsection (2) and establish criteria governing awards pursuant to this section.
(6) An award pursuant to this section shall be reduced or denied if the department has previously approved or paid out a claim under s. 960.13 to the same claimant regarding the same incident. An award for victim compensation under s. 960.13 shall be denied if the department has previously approved or paid out an emergency responder death benefits claim under this section.
History.—s. 15, ch. 2017-155.