Florida Survivor Benefits

Updated July 2018

ONE-TIME DEATH BENEFIT

Volunteer and full-time firefighters: There are three levels of benefits based upon the circumstances leading to the death.

The sum of $50,000 shall be paid as provided when a firefighter, while engaged in the performance of his or her firefighter duties, is accidentally killed or receives accidental bodily injury which subsequently results in the loss of the firefighter’s life, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted. Notwithstanding any other provision of law, in no case shall the amount payable under this subsection be less than the actual amount stated therein. The sum of $50,000 shall be paid as provided if a firefighter is accidentally killed as specified previously, and the accidental death occurs as a result of the firefighter’s response to what is reasonably believed to be an emergency involving the protection of life or property or the firefighter’s participation in a training exercise. This sum is in addition to any sum provided initially. Notwithstanding any other provision of law, the amount payable under this subsection may not be less than the actual amount stated therein. If a firefighter, while engaged in the performance of his or her firefighter duties, is unlawfully and intentionally killed, is injured by an unlawful and intentional act of another person and dies as a result of such injury, dies as a result of a fire which has been determined to have been caused by an act of arson, or subsequently dies as a result of injuries sustained therefrom, the sum of $150,000, shall be paid as provided. Notwithstanding any other provision of law, the amount payable under this subsection may not be less than the actual amount stated.

Any payments made shall consist of the statutory amount (listed above) adjusted to show price level changes in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor since July 1, 2002. The Division of State Fire Marshal, using the most recent month for which Consumer Price Index data is available, shall, on June 15 of each year, calculate and publish on the division’s Internet website the amount resulting from the adjustments to the statutory amounts. The adjusted statutory amounts shall be effective on July 1 of each year.
In order In order for the firefighter, spouse, and dependent children to be eligible for continuous insurance coverage, the injury must have occurred as the result of the firefighter’s response to what is reasonably believed to be an emergency involving the protection of life or property, or an unlawful act perpetrated by another. Except as otherwise provided herein, nothing in this paragraph shall be construed to limit health insurance coverage for which the firefighter, spouse, or dependent children may otherwise be eligible, except that a person who qualifies for benefits under this section shall not be eligible for the health insurance subsidy provided under chapter 121, chapter 175, or chapter 18.
In 2017, legislation failed to provide presumptive cancers covered as a line-of-duty death. The Bill was reintroduced again in 2018 and did not pass.

These benefits are paid in addition to any worker’s compensation or pension benefits.

Contact:

Assistant Director
Florida State Fire Marshal
Department of Financial Services
200 East Gaines Street
Tallahassee, FL 32399-0340
Phone: (850) 413-3600
Toll-Free: (800) 342-1741
Website: www.myfloridacfo.com/division/sfm/

(Reference: Florida Statutes (2018) 112.191)

WORKERS’ COMPENSATION

Benefit is 50% of average weekly wage to spouse 16 2/3% additional if there are dependent children. Spouse receives lump sum compensation equal to 26 weeks upon remarriage and weekly benefits cease. Children receive benefit longer if disabled and incapable of self-support and until age 22 if full-time student. If there is no spouse, each child receives 33 1/3%. If there are no spouse or children, benefit go to parents, siblings or grandchildren in that order.

Under certain conditions, off-duty firefighters or firefighters outside their employer’s jurisdiction or area of responsibility may be covered under the state’s workers’ compensation. This coverage may be applicable if a firefighter is engaged in extinguishing a fire or protecting and saving life or property due to a fire during an emergency, and such activities would be considered to be within the course of his or her employment as a firefighter and covered by workers’ compensation. Similar coverage applies to fulltime emergency medical technicians and paramedics who provide basic life support or advanced life support services. This would not apply to a firefighter performing activities for which he or she is paid by another employer or contractor.

Volunteer firefighters: Definition of employment includes volunteer firefighters responding to or assisting with fire or medical emergencies whether or not the firefighters are on duty.

Contact:

Florida Department of Financial Services
Division of Workers’ Compensation
200 East Gaines Street
Tallahassee, FL 32390-0318
Phone: (850) 413-1601
Toll-Free: (800) 742-2214
Website: www.myfloridacfo.com/division/wc/

(Reference: Florida Statutes (2018) Title 21: 440.16)

FUNERAL BENEFIT

Maximum of up to $7,500 for burial expenses.

Contact:

Florida Department of Financial Services
Division of Workers’ Compensation
200 East Gaines Street
Tallahassee, FL 32390-0318
Phone: (850) 413-1601
Toll-Free: (800) 742-2214
Website: www.myfloridacfo.com/division/wc/

(Reference: Florida Statutes (2018) Title 21: 440.16)

RETIREMENT/PENSION PLAN

Most full-time and volunteer municipal and special district firefighters covered under Firefighters Pension Trust Fund. Check with your local municipality.

In 2016, Senate Bill (SB) 7012, Death Benefits under the Florida Retirement System (FRS) was signed into law. The legislation increases retirement benefits available to families of fallen law enforcement, corrections and probation officers as well as firefighters, paramedics and other members of the Special Risk Class within the FRS.

This bill primarily makes two changes to the Florida Retirement System (FRS). First, the bill increases the monthly survivor benefits available to the spouses and children of FRS pension plan members in the Special Risk Class when killed in the line of duty from 50 percent of the member’s monthly salary at the time of death to 100 percent of the member’s monthly salary at the time of death. These new benefits are funded through additional employer-paid contributions relating to the FRS pension plan.

Second, the bill permits the surviving spouse or children of an investment plan member in the Special Risk Class when killed in the line of duty to opt into the FRS investment plan survivor benefits program in lieu of receiving normal retirement benefits under the FRS investment plan. By participating in the survivor benefits program, the surviving spouse and children are eligible to receive annuitized benefits much like the survivor benefits (described above) afforded to Special Risk Class members of the FRS pension plan. The investment plan survivor benefits program is funded by additional employer-paid contributions to the survivor benefits account of the FRS Trust Fund.
Adjusted annually on July 1.

Any condition or impairment of health of a firefighter caused by tuberculosis, hypertension, or heart disease resulting in total or partial disability or death shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence, provided that such firefighter shall have successfully passed a physical examination before entering into the service, which examination failed to reveal any evidence of such condition.

Several Florida jurisdictions have supplementary retirement/pension plans or annuities for firefighters. Check with the jurisdiction of employment for any existing annuity plans.

Contact:

Municipal Police Officers’ and Firefighters’ Retirement Trust Funds Office
Division of Retirement
Office of the Secretary
4050 Esplande Way
Tallahassee, FL 32399-0950
Phone: (850) 488-6800
Website: https://www.dms.myflorida.com/
Reference:

(Reference: FL Code 175 sub sections 185-186)

EDUCATION BENEFIT – CHILDREN

Education fees waived for dependent children of firefighters killed in emergency response or in arson fire. Children seeking an undergraduate education, vocational-technical certificate, or a post-graduate degree will have the cost of tuition, matriculation and other statutorily authorized fees waived. May attend a state community college, state university, or a vocational-technical school, full- or part-time for up to 120 credit hours. Children eligible until age 25 for undergraduate or vocational study and up to age 29 for post-graduate programs.

Contact:

Florida Department of Education
Office of the Commissioner
Turlington Building, Suite 1514
325 West Gaines Street
Tallahassee FL 32399
Phone: (850) 245-0505
Fax: (850) 245-9667
Website: www.fldoe.org

(Reference: Florida Statute 112.19)

EDUCATION BENEFIT – SPOUSE

Same as listed above for children except no age cap. However, spouse must start education benefits within seven years after the firefighter’s death.

Contact:

Florida Department of Education
Office of the Commissioner
Turlington Building, Suite 1514
325 West Gaines Street
Tallahassee FL 32399
Phone: (850) 245-0505
Fax: (850) 245-9667
Website: www.fldoe.org

(Reference: Florida Statute 440.16(c))

NON-PROFIT OR PRIVATE ORGANIZATIONS

Provides financial aid to students who lack economic ability to continue education beyond high school or to further college education. To be eligible, survivors must have been eligible for Workers’ Compensation benefits.

Friends of 440 Scholarship Fund, Inc.

One Datran Center
9100 South Dadeland Blvd., Suite 1010
Miami, FL 33156-7800
Phone: (305) 423-8710
Fax: (305) 670-0716
Website: www.440scholarship.org

Florida State Firefighter’s Association

2450 US 27 South
Avon Park, FL 33825
Phone: (800) 883-4817
Website: www.floridastatefirefightersassociation.com

Offers $2,500 death benefit.

The International Association of Fire Fighters

1750 New York Avenue, N.W.
Washington, D.C. 20006
Website: client.prod.iaff.org/#contentid=1743

The W. H. “Howie” McClennan scholarship provides financial assistance for sons, daughters or legally adopted children of IAFF Union Members killed in the line of duty planning to attend a university, accredited college or other institution of higher learning. Scholarship amount is $2,500 per year, renewable up to 4 consecutive years.

FUNERAL & CREMATION BENEFITS

Dignity Memorial

Phone: (800) 343-4464
Website: www.dignitymemorial.com

Dignity Memorial is a consortium of funeral, cremation and cemetery providers across the United States and Canada. They have a Public Servants Program for first responders and emergency services workers. Dignity provides these services, at no cost, for career and volunteer firefighters who are killed in the line of duty. There is a location finder per state on the website, and funeral directors are encouraged to contact Dignity regarding the first responder program.

Wilbert Funeral Services, Inc.

2913 Gardner Road
Broadview, IL 50155
Phone: 708-681-7040 (Terry Whitlock)
Website: www.wilbert.com

Wilbert provides complimentary burial vaults (including urns vaults) for fallen law enforcement officers and firefighters through 193 licensee locations. Funeral directors should contact Wilbert for information on obtaining vaults.

HOMESTEAD EXEMPTION

This exemption is provided for the spouse of a first responder who died in the line of duty and provides that the spouse can be 100% exempt, annually, from property tax on his or her homestead.

A first responder is defined as a full time paid, part-time paid or unpaid volunteer law enforcement officer, correctional officer, firefighter, emergency medical technician or paramedic.

The first responder must have been employed by the State of Florida, or a member of any political subdivision of the state to include authorities or special districts.

The first responder and the spouse must have been permanent residents of Florida as of January 1 of the year the first responder died.
To qualify for this annual exemption, the surviving spouse must provide to their county property appraisers office, a letter from the first responder’s employer, and any addtional documentation, which recognizes and certifies that the first responder died in the line of duty while employed as a first responder. This must be submitted no later than March 1.

This new exemption is the result of Amendment 9 to the Florida Constitution, approved by Florida voters in November 2012.
For questions or to make application, contact your local County Property Appraisers office. For a list of property appraiser’s office contacts.

Contact:

Florida Department of Revenue
P.O. Box 6668
Tallahassee, FL 32314-6668
Phone: (850) 488-6800
Website: www.floridarevenue.com

COUNTY & LOCAL JURISDICTION BENEFITS

Disclaimer: The material contained in the National Fallen Firefighters Foundation Survivor Benefits website is not the result of legal research, but rather is based on a scan of public documents. We have made every effort to be accurate and timely, but errors may exist. The material on this website is advisory only and should not be cited as evidence or proof that a benefit exists or that our facts are accurate. Always consult the decedent’s fire department for benefits assistance, or a benefits’ attorney. If, in the course of your own research, you see errors of fact, or new benefit information, please pass this information along to the National Fallen Firefighters Foundation.