Senate Bill sb1208c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
By the Committee on Governmental Oversight and Productivity;
and Senators Geller and Smith
302-2298-02
1 A bill to be entitled
2 An act prescribing death benefits for
3 dependents and beneficiaries of a law
4 enforcement, correctional, or correctional
5 probation officer or firefighter; amending ss.
6 112.19, 112.191, F.S.; increasing specified
7 death benefits; providing for periodic
8 adjustments to the amount of such benefits;
9 providing for the state to waive specified
10 vocational-technical, undergraduate, and
11 postgraduate educational expenses for spouses
12 and children at certain public educational
13 institutions under specified circumstances;
14 declaring the Legislature's intent that the act
15 fulfills an important state interest; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 112.19, Florida Statutes, is
21 amended to read:
22 112.19 Law enforcement, correctional, and correctional
23 probation officers; death benefits.--
24 (1) Whenever used in this section, the term:
25 (a) "Employer" means a state board, commission,
26 department, division, bureau, or agency, or a county,
27 municipality, or other political subdivision of the state,
28 which employs, appoints, or otherwise engages the services of
29 law enforcement, correctional, or correctional probation
30 officers.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 (b) "Law enforcement, correctional, or correctional
2 probation officer" means any officer as defined in s.
3 943.10(14) or employee of the state or any political
4 subdivision of the state, including any law enforcement
5 officer, correctional officer, correctional probation officer,
6 state attorney investigator, or public defender investigator,
7 whose duties require such officer or employee to investigate,
8 pursue, apprehend, arrest, transport, or maintain custody of
9 persons who are charged with, suspected of committing, or
10 convicted of a crime; and the term includes any member of a
11 bomb disposal unit whose primary responsibility is the
12 location, handling, and disposal of explosive devices. The
13 term also includes any full-time officer or employee of the
14 state or any political subdivision of the state, certified
15 pursuant to chapter 943, whose duties require such officer to
16 serve process or to attend terms of circuit or county court as
17 bailiff.
18 (c) "Insurance" means insurance procured from a stock
19 company or mutual company or association or exchange
20 authorized to do business as an insurer in this state.
21 (d) "Fresh pursuit" means the pursuit of a person who
22 has committed or is reasonably suspected of having committed a
23 felony, misdemeanor, traffic infraction, or violation of a
24 county or municipal ordinance. The term does not imply
25 instant pursuit, but pursuit without unreasonable delay.
26 (2)(a) The sum of $50,000, as adjusted pursuant to
27 paragraph (j), $25,000 shall be paid as provided in this
28 section when a law enforcement, correctional, or correctional
29 probation officer, while engaged in the performance of the
30 officer's law enforcement duties, is accidentally killed or
31 receives accidental bodily injury which results in the loss of
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 the officer's life, provided that such killing is not the
2 result of suicide and that such bodily injury is not
3 intentionally self-inflicted. Notwithstanding any other
4 provision of law, in no case shall the amount payable under
5 this subsection be less than the actual amount stated therein.
6 (b) The sum of $50,000, as adjusted pursuant to
7 paragraph (j), $25,000 shall be paid as provided in this
8 section if a law enforcement, correctional, or correctional
9 probation officer is accidentally killed as specified in
10 paragraph (a) and the accidental death occurs as a result of
11 the officer's response to fresh pursuit or to the officer's
12 response to what is reasonably believed to be an emergency.
13 This sum is in addition to any sum provided for in paragraph
14 (a). Notwithstanding any other provision of law, in no case
15 shall the amount payable under this subsection be less than
16 the actual amount stated therein.
17 (c) If a law enforcement, correctional, or
18 correctional probation officer, while engaged in the
19 performance of the officer's law enforcement duties, is
20 unlawfully and intentionally killed or dies as a result of
21 such unlawful and intentional act, the sum of $150,000, as
22 adjusted pursuant to paragraph (j), $75,000 shall be paid as
23 provided in this section. Notwithstanding any other provision
24 of law, in no case shall the amount payable under this
25 subsection be less than the actual amount stated therein.
26 (d) Such payments, pursuant to the provisions of
27 paragraphs (a), (b), and (c), whether secured by insurance or
28 not, shall be made to the beneficiary designated by such law
29 enforcement, correctional, or correctional probation officer
30 in writing, signed by the officer and delivered to the
31 employer during the officer's lifetime. If no such
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 designation is made, then it shall be paid to the officer's
2 surviving child or children and spouse in equal portions, and
3 if there is no surviving child or spouse, then to the
4 officer's parent or parents. If a beneficiary is not
5 designated and there is no surviving child, spouse, or parent,
6 then it shall be paid to the officer's estate.
7 (e) Such payments, pursuant to the provisions of
8 paragraphs (a), (b), and (c), are in addition to any workers'
9 compensation or pension benefits and are exempt from the
10 claims and demands of creditors of such law enforcement,
11 correctional, or correctional probation officer.
12 (f) If a full-time law enforcement, correctional, or
13 correctional probation officer who is employed by a state
14 agency is killed in the line of duty as a result of an act of
15 violence inflicted by another person while the officer is
16 engaged in the performance of law enforcement duties or as a
17 result of an assault against the officer under riot
18 conditions, the sum of $1,000 shall be paid, as provided for
19 in paragraph (d), toward the funeral and burial expenses of
20 such officer. Such benefits are in addition to any other
21 benefits which employee beneficiaries and dependents are
22 entitled to under the provisions of the Workers' Compensation
23 Law or any other state or federal statutes.
24 (g) Any political subdivision of the state that
25 employs a full-time law enforcement officer as defined in s.
26 943.10(1) or a full-time correctional officer as defined in s.
27 943.10(2) who is killed in the line of duty on or after July
28 1, 1993, as a result of an act of violence inflicted by
29 another person while the officer is engaged in the performance
30 of law enforcement duties or as a result of an assault against
31 the officer under riot conditions shall pay the entire premium
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 of the political subdivision's health insurance plan for the
2 employee's surviving spouse until remarried, and for each
3 dependent child of the employee until the child reaches the
4 age of majority or until the end of the calendar year in which
5 the child reaches the age of 25 if:
6 1. At the time of the employee's death, the child is
7 dependent upon the employee for support; and
8 2. The surviving child continues to be dependent for
9 support, or the surviving child is a full-time or part-time
10 student and is dependent for support.
11 (h)1. Any employer who employs a full-time law
12 enforcement, correctional, or correctional probation officer
13 who, on or after January 1, 1995, suffers a catastrophic
14 injury, as defined in s. 440.02(37), in the line of duty shall
15 pay the entire premium of the employer's health insurance plan
16 for the injured employee, the injured employee's spouse, and
17 for each dependent child of the injured employee until the
18 child reaches the age of majority or until the end of the
19 calendar year in which the child reaches the age of 25 if the
20 child continues to be dependent for support, or the child is a
21 full-time or part-time student and is dependent for support.
22 The term "health insurance plan" does not include supplemental
23 benefits that are not part of the basic group health insurance
24 plan. If the injured employee subsequently dies, the employer
25 shall continue to pay the entire health insurance premium for
26 the surviving spouse until remarried, and for the dependent
27 children, under the conditions outlined in this paragraph.
28 However:
29 a. Health insurance benefits payable from any other
30 source shall reduce benefits payable under this section.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 b. It is unlawful for a person to willfully and
2 knowingly make, or cause to be made, or to assist, conspire
3 with, or urge another to make, or cause to be made, any false,
4 fraudulent, or misleading oral or written statement to obtain
5 health insurance coverage as provided under this paragraph. A
6 person who violates this sub-subparagraph commits a
7 misdemeanor of the first degree, punishable as provided in s.
8 775.082 or s. 775.083.
9 c. In addition to any applicable criminal penalty,
10 upon conviction for a violation as described in
11 sub-subparagraph b., a law enforcement, correctional, or
12 correctional probation officer or other beneficiary who
13 receives or seeks to receive health insurance benefits under
14 this paragraph shall forfeit the right to receive such health
15 insurance benefits, and shall reimburse the employer for all
16 benefits paid due to the fraud or other prohibited activity.
17 For purposes of this sub-subparagraph, "conviction" means a
18 determination of guilt that is the result of a plea or trial,
19 regardless of whether adjudication is withheld.
20 2. In order for the officer, spouse, and dependent
21 children to be eligible for such insurance coverage, the
22 injury must have occurred as the result of the officer's
23 response to fresh pursuit, the officer's response to what is
24 reasonably believed to be an emergency, or an unlawful act
25 perpetrated by another. Except as otherwise provided herein,
26 nothing in this paragraph shall be construed to limit health
27 insurance coverage for which the officer, spouse, or dependent
28 children may otherwise be eligible, except that a person who
29 qualifies under this section shall not be eligible for the
30 health insurance subsidy provided under chapter 121, chapter
31 175, or chapter 185.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 (i) The Bureau of Crime Prevention and Training within
2 the Department of Legal Affairs shall adopt rules necessary to
3 implement paragraphs (a), (b), and (c).
4 (j) Any payments made pursuant to paragraph (a),
5 paragraph (b), or paragraph (c) shall consist of the statutory
6 amount adjusted to reflect price level changes since the
7 effective date of this act. The Bureau of Crime Prevention and
8 Training shall by rule adjust the statutory amount based on
9 the Consumer Price Index for all urban consumers published by
10 the United States Department of Labor. Adjustment shall be
11 made July 1 of each year using the most recent month for which
12 data are available at the time of the adjustment.
13 (3) If a law enforcement, correctional, or
14 correctional probation officer is accidentally killed as
15 specified in paragraph (2)(b) on or after June 22, 1990, or
16 unlawfully and intentionally killed as specified in paragraph
17 (2)(c) on or after July 1, 1980, the state shall waive certain
18 educational expenses that the child or spouse which children
19 of the deceased officer incurs incur while obtaining a
20 vocational-technical certificate, or an undergraduate
21 education, or a postgraduate education. The amount waived by
22 the state shall be an amount equal to the cost of tuition, and
23 matriculation, and other statutorily authorized registration
24 fees for a total of 120 credit hours for a
25 vocational-technical certificate or an undergraduate
26 education. For a child or spouse pursuing a postgraduate
27 degree, the amount waived must equal the cost of tuition,
28 matriculation, and other statutorily authorized fees while the
29 child or spouse continues to fulfill the postgraduate program
30 requirements. The child or spouse may attend a state
31 vocational-technical school, a state community college, or a
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 state university. The child or spouse may attend any or all
2 of the institutions specified in this subsection, on either a
3 full-time or part-time basis. The benefits provided to a child
4 under this subsection shall continue to the child until the
5 child's 25th birthday. The benefits provided to a spouse under
6 this subsection must commence within 5 years after the death
7 occurs, and entitlement thereto shall continue until the 10th
8 anniversary of that death.
9 (a) Upon failure of any child or spouse benefited by
10 the provisions of this subsection section to comply with the
11 ordinary and minimum requirements of the institution attended,
12 both as to discipline and scholarship, the benefits shall be
13 withdrawn as to the child or spouse and no further moneys may
14 be expended for the child's or spouse's benefits so long as
15 such failure or delinquency continues.
16 (b) Only a student in good standing in his or her
17 respective institution may receive the benefits thereof.
18 (c) A child or spouse receiving benefits under this
19 subsection section must be enrolled according to the customary
20 rules and requirements of the institution attended.
21 (4)(a) The employer of such law enforcement,
22 correctional, or correctional probation officer is liable for
23 the payment of the sums specified in this section and is
24 deemed self-insured, unless it procures and maintains, or has
25 already procured and maintained, insurance to secure such
26 payments. Any such insurance may cover only the risks
27 indicated in this section, in the amounts indicated in this
28 section, or it may cover those risks and additional risks and
29 may be in larger amounts. Any such insurance shall be placed
30 by such employer only after public bid of such insurance
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 coverage which coverage shall be awarded to the carrier making
2 the lowest best bid.
3 (b) Payment of benefits to beneficiaries of state
4 employees, or of the premiums to cover the risk, under the
5 provisions of this section shall be paid from existing funds
6 otherwise appropriated to the department employing the law
7 enforcement, correctional, or correctional probation officers.
8 (5) The Department of Education shall adopt rules and
9 procedures as are necessary to implement the educational
10 benefits provisions of this section.
11 (6) Notwithstanding any provision of this section to
12 the contrary, the death benefits provided in paragraphs (2)(c)
13 and (g) shall also be applicable and paid in cases where an
14 officer received bodily injury prior to July 1, 1993, and
15 subsequently died on or after July 1, 1993, as a result of
16 such in-line-of-duty injury attributable to an unlawful and
17 intentional act, or an act of violence inflicted by another,
18 or an assault on the officer under riot conditions. Payment
19 of such benefits shall be in accordance with provisions of
20 this section. Nothing in this provision shall be construed to
21 limit death benefits for which those individuals listed in
22 paragraph (2)(d) may otherwise be eligible.
23 Section 2. Section 112.191, Florida Statutes, is
24 amended to read:
25 112.191 Firefighters; death benefits.--
26 (1) Whenever used in this act:
27 (a) The term "employer" means a state board,
28 commission, department, division, bureau or agency, or a
29 county, municipality, or other political subdivision of the
30 state.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 (b) The term "firefighter" means any full-time duly
2 employed uniformed firefighter employed by an employer, whose
3 primary duty is the prevention and extinguishing of fires, the
4 protection of life and property therefrom, the enforcement of
5 municipal, county, and state fire prevention codes, as well as
6 the enforcement of any law pertaining to the prevention and
7 control of fires, who is certified pursuant to s. 633.35, and
8 who is a member of a duly constituted fire department of such
9 employer or who is a volunteer firefighter.
10 (c) The term "insurance" means insurance procured from
11 a stock company or mutual company or association or exchange
12 authorized to do business as an insurer in this state.
13 (2)(a) The sum of $50,000, as adjusted pursuant to
14 paragraph (i), $25,000 shall be paid as hereinafter provided
15 in this section when a firefighter, while engaged in the
16 performance of his or her firefighter duties, is accidentally
17 killed or receives accidental bodily injury which subsequently
18 results in the loss of the firefighter's life, provided that
19 such killing is not the result of suicide and that such bodily
20 injury is not intentionally self-inflicted. Notwithstanding
21 any other provision of law, in no case shall the amount
22 payable under this subsection be less than the actual amount
23 stated therein.
24 (b) The sum of $50,000, as adjusted pursuant to
25 paragraph (i), $25,000 shall be paid as hereinafter provided
26 in this section if a firefighter is accidentally killed as
27 specified in paragraph (a) and the accidental death occurs as
28 a result of the firefighter's response to what is reasonably
29 believed to be an emergency involving the protection of life
30 or property. This sum shall be in addition to any sum
31 provided for in paragraph (a). Notwithstanding any other
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 provision of law, in no case shall the amount payable under
2 this subsection be less than the actual amount stated therein.
3 (c) If a firefighter, while engaged in the performance
4 of his or her firefighter duties, is unlawfully and
5 intentionally killed, dies as a result of a fire which has
6 been determined to have been caused by an act of arson, or
7 subsequently dies as a result of injuries sustained therefrom,
8 the sum of $150,000, as adjusted pursuant to paragraph (i),
9 $75,000 shall be paid as hereinafter provided in this section.
10 Notwithstanding any other provision of law, in no case shall
11 the amount payable under this subsection be less than the
12 actual amount stated therein.
13 (d) Such payments, pursuant to paragraphs (a), (b),
14 and (c), whether secured by insurance or not, shall be made to
15 the beneficiary designated by such firefighter in writing,
16 signed by the firefighter and delivered to the employer during
17 the firefighter's lifetime. If no such designation is made,
18 then it shall be paid to the firefighter's surviving child or
19 children and spouse in equal portions, and if there be no
20 surviving child or spouse, then to the firefighter's parent or
21 parents. If a beneficiary designation is not made and there
22 is no surviving child, spouse, or parent, then it shall be
23 paid to the firefighter's estate.
24 (e) Such payments, pursuant to the provisions of
25 paragraphs (a), (b), and (c), shall be in addition to any
26 workers' compensation or pension benefits and shall be exempt
27 from the claims and demands of creditors of such firefighter.
28 (f) Any political subdivision of the state that
29 employs a full-time firefighter who is killed in the line of
30 duty on or after July 1, 1993, as a result of an act of
31 violence inflicted by another person while the firefighter is
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 engaged in the performance of firefighter duties, as a result
2 of a fire which has been determined to have been caused by an
3 act of arson, or as a result of an assault against the
4 firefighter under riot conditions shall pay the entire premium
5 of the political subdivision's health insurance plan for the
6 employee's surviving spouse until remarried, and for each
7 dependent child of the employee until the child reaches the
8 age of majority or until the end of the calendar year in which
9 the child reaches the age of 25 if:
10 1. At the time of the employee's death, the child is
11 dependent upon the employee for support; and
12 2. The surviving child continues to be dependent for
13 support, or the surviving child is a full-time or part-time
14 student and is dependent for support.
15 (g)1. Any employer who employs a full-time firefighter
16 who, on or after January 1, 1995, suffers a catastrophic
17 injury, as defined in s. 440.02(37), in the line of duty shall
18 pay the entire premium of the employer's health insurance plan
19 for the injured employee, the injured employee's spouse, and
20 for each dependent child of the injured employee until the
21 child reaches the age of majority or until the end of the
22 calendar year in which the child reaches the age of 25 if the
23 child continues to be dependent for support, or the child is a
24 full-time or part-time student and is dependent for support.
25 The term "health insurance plan" does not include supplemental
26 benefits that are not part of the basic group health insurance
27 plan. If the injured employee subsequently dies, the employer
28 shall continue to pay the entire health insurance premium for
29 the surviving spouse until remarried, and for the dependent
30 children, under the conditions outlined in this paragraph.
31 However:
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 a. Health insurance benefits payable from any other
2 source shall reduce benefits payable under this section.
3 b. It is unlawful for a person to willfully and
4 knowingly make, or cause to be made, or to assist, conspire
5 with, or urge another to make, or cause to be made, any false,
6 fraudulent, or misleading oral or written statement to obtain
7 health insurance coverage as provided under this paragraph. A
8 person who violates this sub-subparagraph commits a
9 misdemeanor of the first degree, punishable as provided in s.
10 775.082 or s. 775.083.
11 c. In addition to any applicable criminal penalty,
12 upon conviction for a violation as described in
13 sub-subparagraph b., a firefighter or other beneficiary who
14 receives or seeks to receive health insurance benefits under
15 this paragraph shall forfeit the right to receive such health
16 insurance benefits, and shall reimburse the employer for all
17 benefits paid due to the fraud or other prohibited activity.
18 For purposes of this sub-subparagraph, "conviction" means a
19 determination of guilt that is the result of a plea or trial,
20 regardless of whether adjudication is withheld.
21 2. In order for the firefighter, spouse, and dependent
22 children to be eligible for such insurance coverage, the
23 injury must have occurred as the result of the firefighter's
24 response to what is reasonably believed to be an emergency
25 involving the protection of life or property, or an unlawful
26 act perpetrated by another. Except as otherwise provided
27 herein, nothing in this paragraph shall be construed to limit
28 health insurance coverage for which the firefighter, spouse,
29 or dependent children may otherwise be eligible, except that a
30 person who qualifies for benefits under this section shall not
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 be eligible for the health insurance subsidy provided under
2 chapter 121, chapter 175, or chapter 185.
3
4 Notwithstanding any provision of this section to the contrary,
5 the death benefits provided in paragraphs (b), (c), and (f)
6 shall also be applicable and paid in cases where a firefighter
7 received bodily injury prior to July 1, 1993, and subsequently
8 died on or after July 1, 1993, as a result of such
9 in-line-of-duty injury.
10 (h) The Division of the State Fire Marshal within the
11 Department of Insurance shall adopt is directed to promulgate
12 rules as are necessary to implement the provisions of this
13 section.
14 (i) Any payments made pursuant to paragraph (a),
15 paragraph (b), or paragraph (c) shall consist of the statutory
16 amount adjusted to reflect price level changes since the
17 effective date of the act. The Division of State Fire Marshal
18 shall by rule adjust the statutory amount based on the
19 Consumer Price Index for all urban consumers published by the
20 United States Department of Labor. Adjustment shall be made
21 July 1 of each year using the most recent month for which data
22 are available at the time of the adjustment.
23 (3) If a firefighter is accidentally killed as
24 specified in paragraph (2)(b) on or after June 22, 1990, or
25 unlawfully and intentionally killed as specified in paragraph
26 (2)(c), on or after July 1, 1980, the state shall waive
27 certain educational expenses that the child or spouse which
28 children of the deceased firefighter incurs incur while
29 obtaining a vocational-technical certificate, or an
30 undergraduate education, or a postgraduate education. The
31 amount waived by the state shall be an amount equal to the
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 cost of tuition, and matriculation, and other statutorily
2 authorized registration fees for a total of 120 credit hours
3 for a vocational-technical certificate or an undergraduate
4 education. For a child or spouse pursuing a postgraduate
5 degree, the amount waived must equal the cost of tuition,
6 matriculation, and other statutorily authorized fees while the
7 child or spouse continues to fulfill the postgraduate program
8 requirements. The child or spouse may attend a state
9 vocational-technical school, a state community college, or a
10 state university. The child or spouse may attend any or all
11 of the institutions specified in this subsection, on either a
12 full-time or part-time basis. The benefits provided to a child
13 under this subsection shall continue to such a child until the
14 child's 25th birthday. The benefits provided to a spouse under
15 this subsection must commence within 5 years after the death
16 occurs, and entitlement thereto shall continue until the 10th
17 anniversary of that death.
18 (a) Upon failure of any child or spouse benefited by
19 the provisions of this subsection section to comply with the
20 ordinary and minimum requirements of the institution attended,
21 both as to discipline and scholarship, the benefits thereof
22 shall be withdrawn as to the child or spouse and no further
23 moneys expended for the child's or spouse's benefits so long
24 as such failure or delinquency continues.
25 (b) Only students in good standing in their respective
26 institutions shall receive the benefits thereof.
27 (c) A child or spouse All children receiving benefits
28 under this subsection must section shall be enrolled according
29 to the customary rules and requirements of the institution
30 attended.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 (4)(a) The employer of such firefighter shall be
2 liable for the payment of said sums specified in this section
3 and shall be deemed self-insured, unless it procures and
4 maintains, or has already procured and maintained, insurance
5 to secure such payments. Any such insurance may cover only the
6 risks indicated in this section, in the amounts indicated in
7 this section, or it may cover those risks and additional risks
8 and may be in larger amounts. Any such insurance shall be
9 placed by such employer only after public bid of such
10 insurance coverage which coverage shall be awarded to the
11 carrier making the lowest best bid.
12 (b) Payment of benefits to beneficiaries of state
13 employees, or of the premiums to cover the risk, under the
14 provisions of this section, shall be paid from existing funds
15 otherwise appropriated for the department.
16 (5) The Department of Education is directed to
17 promulgate rules and procedures as are necessary to implement
18 the educational benefits provisions of this section.
19 Section 3. In accordance with Section 18, Article VII
20 of the State Constitution, the Legislature finds and declares
21 that this act fulfills an important state interest.
22 Section 4. This act shall take effect July 1, 2002.
23
24
25
26
27
28
29
30
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1208
302-2298-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1208
3
4 Increases the bill's death benefits from $36,000 to $50,000,
and from $107,000 to $150,000. Provides that the statutory
5 death benefit amounts are the minimums to be paid,
notwithstanding the bill's requirement that the amounts be
6 annually adjusted based on the Consumer Price Index. Clarifies
that up to 120 credit hours may be waived for undergraduate
7 studies, and provides that postgraduate fee waivers are
limited to the time in which the child or spouse is satisfying
8 the program requirements for a postgraduate degree.
Substitutes the term "statutorily authorized fees" for
9 "registration fees." Technically clarifies the important state
interest clause by citing the relevant constitutional
10 provision.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.