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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 09/04
STATE OF FLORIDA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital Statistics,
P. O. Box 210, Jacksonville, FL 32231, phone (904) 359-6900.
LAW ENFORCEMENT OFFICERS AND
CORRECTIONAL OFFICERS DEATH BENEFITS
STATE DEATH BENEFITS
F.S. 112. 19 (Increased in 2002.) Paid to beneficiary designated by officer during life and
delivered by state.
A. $50,000 if death is accidental.
B. $50,000 if death is accidental and officer was in "fresh pursuit" or
responding to an emergency.
C. $150,000 if unlawfully and intentionally killed.
If your death occurs in the line of duty, your surviving spouse is eligible for all benefits due even if
you named someone else as your beneficiary. Regardless of your length of service, your spouse is
entitled to a lifetime monthly benefit equal to one-half of your last monthly salary. If you leave no
surviving spouse or if your spouse should die, the benefit will be paid on behalf of your unmarried
children until the youngest attains age 18.
If you are vested at the time of your death your spouse could choose, instead of the benefit
described above, a monthly benefit calculated as if you had retired under option 3 (a reduced
monthly benefit payable to you for your lifetime). Upon your death, your joint annuitant (spouse, a
natural or legally adopted child who is either a minor or physically or mentally incapable of selfsupport,
or any other person who is receiving one-half or more of his support from the member or is
eligible to be claimed as a dependent on the federal income tax return of the member), if living, will
receive a lifetime monthly benefit payment in the same amount as you were receiving. No further
benefits are payable after both you and your joint annuitant are deceased), provided that your
spouse is your designated beneficiary.
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STATE PENSION BENEFITS
PAID BY THE EMPLOYER OF THE
DECEASED LAW ENFORCEMENT OFFICER
Chapter 121(121.091(7)(d) Florida Retirement System Benefit. Retirement benefits equaling
50% of the deceased's officers salary to surviving spouse for the rest of the spouse's lifetime, or the
surviving children until 18 years of age.
Upon the death of an officer, the employer may present the uniform, badge and handgun to the
surviving spouse upon request. The award of the handgun is retroactive. It further permits the
reinstatement of retirement benefits to surviving spouses when such payments were terminated
because of remarriage. This legislation reinstates such lost benefits as of July 1, 1994, and will
outlaw remarriage penalties under such municipal retirement systems.
PAID BY FLORIDA RETIREMENT SYSTEM
Chapter 440(440.16 (1) (a) & (b) Workers' Compensation
Compensation benefits up to $100,000 for surviving spouse and dependent children (in some cases
includes mother/father, brother, sister, grandchildren, etc.).
Contacting the Division of Retirement: Include your full name printed and signed, return address,
telephone number, and your Social Security number. Address your correspondence to: Division of
Retirement, 2639-C N. Monroe Street, Tallahassee, Florida 32399-15 60, (850) 488-6491.
COST OF LIVING ADJUSTMENT
You will receive a 3% cost-of-living increase on July 1 of each year. The increase will be
included in the benefit payment you receive at the end of July. The increase is based on the June
benefit, excluding the health insurance subsidy.
REMARRIAGE
Notwithstanding any other provision of law to the contrary, the surviving spouse of any municipal
police officer killed in the line of duty shall not lose pension benefits if the spouse remarries. The
surviving spouse of such deceased member of a pension plan whose benefit terminated because of
remarriage shall have the benefit reinstated as of July 1, 1994, at an amount that would have been
payable had such benefit not been terminated. This paragraph shall apply to all municipalities
which receive state excise tax moneys.
EDUCATIONAL BENEFIT
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Any dependent child of a special risk member who was accidentally killed on or after June 22,
1990, or unlawfully and intentionally killed on or after July 1, 1980, is entitled to a full waiver of
tuition and matriculation and registration fees for a total of 120 credit hours at state
community colleges or state universities, or full waiver of student fees at any area vocationaltechnical
post-secondary school, in accordance with sections 112. 19 and 112.191, F.S.
Benefits are limited to 12 quarters, 8 semesters, or 8 trimesters. The child may attend on either a
full-time or part-time basis. The child must be under 25 years of age and will be required to meet
regular admission requirements. The waiver can be obtained from the registrar of the school the
child attends.
440.16(1)(c) Educational benefits to the surviving spouse (payment of student fees), must be
used within seven (7) years of death. Up to 1800 classroom hours Vocational-Technical School,
or up to 80 semester hours in a Community College.
Upon failure of any child benefited by the provisions of this section to comply with the ordinary and
minimum requirements of the institution attended, both as to discipline and scholarship, the
benefits thereof shall be withdrawn as to him and no further moneys expended for his benefits so
long as such failure or delinquency continues. For information call Florida Department of Labor,
Division of Workers Compensation 800-342-1741.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement Education
(OPCLEE), within the Office of Justice Programs, US Department of Justice, in partnership with
participating States that have submitted an approved State Plan. Information can be found at
www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who agree to
work in a State or local police force for at least four years. Students must pursue an undergraduate
or graduate degree in a course of study which, in the judgment of the State or local police force to
which the participant will be assigned, includes appropriate preparation for police service. Police
Corps funds cover education expenses (including tuition, fees, books, supplies, transportation, room
and board, and miscellaneous expenses) up to $7,500 per academic year, with a limit on total
payments to any student of $30,000.
Police Corps scholarship funds are also available to children of law enforcement officers
killed in the line of duty if the death occurred within the state after that state was approved to
participate in the Police Corps program. In Florida, the death must have occurred since
September 1998. These scholarships may be applied to any course of study, without any
service or repayment obligation.
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Rev. 09/04
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: Steve Richardson, phone 877-863-6731, fax 904-713-4828,
email 3203sar@jaxsheriff.com, or visit www.floridapolicecorps.com.
HEALTH BENEFITS
State Group Insurance Program
Definitions: Surviving spouse means the widow or widower of a deceased state officer, full-time
state employee, or retiree if such widow or widower was covered as a dependent under the state
group health insurance plan or health maintenance organization plan established pursuant to this
section at the time of the death of the deceased officer , employee, or retiree. "Surviving spouse"
also means any widow or widower who is receiving or eligible to receive a monthly state warrant
from a state retirement system as the beneficiary of a state officer, full-time state employee, or
retiree who died prior to July 1, 1979. For the purposes of this section, any such widow or
widower shall cease to be a surviving spouse upon his or her remarriage.
Health Insurance Premium Waiver, F.S. 110.123. If officer is killed pursuant to act of violence
of an other, state pays health insurance premiums for survivors.
Double indemnity insurance is paid for accidental death under employee-paid state insurance
plan. A provision has been passed which provides health insurance coverage to the surviving
spouses and children of fulltime state police, corrections, and correctional probation officers who
are killed in the line of duty as the result of an "act of violence by another person." The employer
of such state officer must pay the group health insurance premiums for the surviving spouse until
remarriage and the surviving children until age 18 or later if the children attend college.
Health Insurance for Non-State-Employed Officers
In May, 1996, a law was signed which requires any employer of a full-time law enforcement,
correctional, or correctional probation officer to provide the same health insurance benefits as
described above for state employees. The catastrophic injury must be suffered in the line of duty on
or after January 1, 1995, and must have occurred as the result of the officer’s response to fresh
pursuit, the officer’s response to what is reasonably believed to be an emergency, or an unlawful act
perpetrated by another. Health insurance benefits payable from any other source shall reduce
benefits payable under this section of the law.
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WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers with 4 or more employees in Florida.
Accidental Death, F.S. 440.16. Spouse receives 50% of officer's pay, plus 16 2/3% of officer's
pay if there are minor children, until a total of $100,000 is received. Receives up to $2,500 in
funeral expense payments.
Widow(er) receives a lump sum compensation of 26 weeks upon remarriage and weekly benefits
cease. Children receive benefits until age 18, or beyond age 18 if physically or mentally disabled, or
until age 22 if full-time students.
Contact the Division of Workers' Compensation, Department of Labor and Employment Security,
301 Forrest Building, 2728 Centerview Drive, Tallahassee, FL 32399-0680, telephone (904) 488-
2514.
To receive workers' compensation benefits the surviving spouse must take the initiative and file a
workers’ compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by the
Workers' Compensation Appeals Board.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution: Real (other than homestead) and personal property of intestate descends
and is distributed as follows:
(1) In absence of lineal descendants of surviving spouse;
(2) If all surviving lineal decedents are lineal descents of surviving spouse,
first $20,000 plus one-half of balance of estate to surviving spouse and
other one-half of balance to lineal descendants;
(3) If any of surviving lineal descendants is not lineal descendant of surviving
spouse, one-half to surviving spouse and one-half to lineal descendants;
(4) If no surviving spouse, entire estate to lineal descendants, or if none;
(5) To brothers and sisters;
(6) If none of foregoing, one-half each to paternal and maternal kindred in
following course: (a) Grandfather and grandmother equally, or survivor,
(b) uncles and aunts and descendants of those kindred as survive in order
aforesaid
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Rev. 09/04
(7) If no kindred of either part, then to kindred of last deceased spouse as if
said spouse survived decedent and then died intestate entitled to estate.
ADDITIONAL BENEFITS
Check with the local F.O.P. lodge to see if they offer any type of insurance and check to see if any
other FOP policies were issued. Current National F.O.P. Insurance Agents are Republic
Underwriter at (313) 649-5800. Current Florida F.O.P. Insurance Agent is John Cipolla at
800-733-5131.
Police Benevolent Association: The PBA offers a cash donation to families of PBA members
killed in the line of duty. For more information or to check on a donation contact your local Police
Benevolent Association.
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families of law
enforcement officers killed in the line of duty. COPS has become a "lifeline" to police survivors
nationwide.
There are three chartered COPS chapters and one forming chapter in the state of Florida. Central
Florida reaches out to the survivors in Brevard, Lake, Marion, Orange, Osceola, Polk, Seminole,
Sumter, and Volusia Counties. Survivors in these counties can contact Tom Gillan, Chapter
Director, PO Box 5773, Winter Springs, FL 32793, (407) 658-1818, e-mail:
tgillan@ccorlando.org.
Serving the area to the south of Central Florida COPS is South Florida COPS. Contact Mr. John
Roper, President, 290 SW 167 Avenue, Hollywood, FL 33027, telephone (954)430-1053, email:
jroperx2@worldnet.att.net
Serving the counties in northeast Florida is Northeast Florida COPS, Charles Shinholser,
Director, 8827 Marlee Road, Jacksonville, FL 32222, (904)771-1827, email
crshinholser@hotmail.com.
A chapter is organizing to serve West Central FL in and around Tampa. Contact Gerri Matheny,
13562 Lake Magdalene Drive, Tampa, FL 33613, 813-962-7261, email
gomtampa@hotmail.com.
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Rev. 09/04
STATE BENEFIT CONTACT
Florida Department of Law Enforcement
P.O.Box 1489
Tallahassee, FL 32302
(904) 487-4808
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller