Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
An important piece of legislation was passed in Florida last month, and signed into law on June 1, 2010 to close a loophole in Florida law that treated the death of a firefighter during training as not “in the line of duty”.
This issue came into prominence in 2007 when Volusia County Firefighter John Curry died during a wildland fire training exercise. Personnel were cutting a tree that fell in an unexpected direction, landing on FF Curry, who was 30 years old at the time. His wife and young son were ineligible for state death benefits and her health benefits were also terminated because the training death was inexplicably not considered to be a line of duty death under Florida law.
Oddly enough the law at the time provided line of duty death benefits for a firefighter killed while engaged in firefighting activities, or one who was otherwise acting within the scope of employment of a firefighter, yet somehow that description was interpreted to not include training. (One can only wonder…..)
The new law clarifies the loophole, and was enacted after years of intense lobbying by John Curry’s widow, his IAFF local, and other public safety organizations. The amendment was approved without opposition by both the House and the Senate and was made retroactive to November 1, 2007. John Curry died on November 27, 2007, so his family will be eligible.
