Senate Bill sb0176c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                            CS for SB 176

    By the Committee on Appropriations; and Senator Silver





    309-1997-02

  1                      A bill to be entitled

  2         An act relating to educational benefits for

  3         children of slain law enforcement officers and

  4         firefighters; amending ss. 112.19, 112.191,

  5         F.S.; providing for graduate or

  6         postbaccalaureate educational expenses to be

  7         waived for children of officers or firefighters

  8         killed in the line of duty; providing for the

  9         waiver to apply to a state resident who attends

10         a state institution as a full-time or part-time

11         student until a specified age; amending s.

12         240.552, F.S.; providing for scholarships

13         through the Florida College Savings Program to

14         pay fees for children of law enforcement,

15         correctional, or correctional probation

16         officers and firefighters in obtaining a

17         graduate or postbaccalaureate degree; providing

18         for eligibility; requiring the Department of

19         Education to obtain a certain percentage of

20         funds from private-sector entities; providing

21         an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 112.19, Florida Statutes, is

26  amended to read:

27         112.19  Law enforcement, correctional, and correctional

28  probation officers; death benefits.--

29         (1)  Whenever used in this section, the term:

30         (a)  "Employer" means a state board, commission,

31  department, division, bureau, or agency, or a county,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  municipality, or other political subdivision of the state,

  2  which employs, appoints, or otherwise engages the services of

  3  law enforcement, correctional, or correctional probation

  4  officers.

  5         (b)  "Law enforcement, correctional, or correctional

  6  probation officer" means any officer as defined in s.

  7  943.10(14) or employee of the state or any political

  8  subdivision of the state, including any law enforcement

  9  officer, correctional officer, correctional probation officer,

10  state attorney investigator, or public defender investigator,

11  whose duties require such officer or employee to investigate,

12  pursue, apprehend, arrest, transport, or maintain custody of

13  persons who are charged with, suspected of committing, or

14  convicted of a crime; and the term includes any member of a

15  bomb disposal unit whose primary responsibility is the

16  location, handling, and disposal of explosive devices.  The

17  term also includes any full-time officer or employee of the

18  state or any political subdivision of the state, certified

19  pursuant to chapter 943, whose duties require such officer to

20  serve process or to attend terms of circuit or county court as

21  bailiff.

22         (c)  "Insurance" means insurance procured from a stock

23  company or mutual company or association or exchange

24  authorized to do business as an insurer in this state.

25         (d)  "Fresh pursuit" means the pursuit of a person who

26  has committed or is reasonably suspected of having committed a

27  felony, misdemeanor, traffic infraction, or violation of a

28  county or municipal ordinance.  The term does not imply

29  instant pursuit, but pursuit without unreasonable delay.

30         (2)(a)  The sum of $25,000 shall be paid as provided in

31  this section when a law enforcement, correctional, or

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  correctional probation officer, while engaged in the

  2  performance of the officer's law enforcement duties, is

  3  accidentally killed or receives accidental bodily injury which

  4  results in the loss of the officer's life, provided that such

  5  killing is not the result of suicide and that such bodily

  6  injury is not intentionally self-inflicted.

  7         (b)  The sum of $25,000 shall be paid as provided in

  8  this section if a law enforcement, correctional, or

  9  correctional probation officer is accidentally killed as

10  specified in paragraph (a) and the accidental death occurs as

11  a result of the officer's response to fresh pursuit or to the

12  officer's response to what is reasonably believed to be an

13  emergency.  This sum is in addition to any sum provided for in

14  paragraph (a).

15         (c)  If a law enforcement, correctional, or

16  correctional probation officer, while engaged in the

17  performance of the officer's law enforcement duties, is

18  unlawfully and intentionally killed or dies as a result of

19  such unlawful and intentional act, the sum of $75,000 shall be

20  paid as provided in this section.

21         (d)  Such payments, pursuant to the provisions of

22  paragraphs (a), (b), and (c), whether secured by insurance or

23  not, shall be made to the beneficiary designated by such law

24  enforcement, correctional, or correctional probation officer

25  in writing, signed by the officer and delivered to the

26  employer during the officer's lifetime.  If no such

27  designation is made, then it shall be paid to the officer's

28  surviving child or children and spouse in equal portions, and

29  if there is no surviving child or spouse, then to the

30  officer's parent or parents.  If a beneficiary is not

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  designated and there is no surviving child, spouse, or parent,

  2  then it shall be paid to the officer's estate.

  3         (e)  Such payments, pursuant to the provisions of

  4  paragraphs (a), (b), and (c), are in addition to any workers'

  5  compensation or pension benefits and are exempt from the

  6  claims and demands of creditors of such law enforcement,

  7  correctional, or correctional probation officer.

  8         (f)  If a full-time law enforcement, correctional, or

  9  correctional probation officer who is employed by a state

10  agency is killed in the line of duty as a result of an act of

11  violence inflicted by another person while the officer is

12  engaged in the performance of law enforcement duties or as a

13  result of an assault against the officer under riot

14  conditions, the sum of $1,000 shall be paid, as provided for

15  in paragraph (d), toward the funeral and burial expenses of

16  such officer.  Such benefits are in addition to any other

17  benefits which employee beneficiaries and dependents are

18  entitled to under the provisions of the Workers' Compensation

19  Law or any other state or federal statutes.

20         (g)  Any political subdivision of the state that

21  employs a full-time law enforcement officer as defined in s.

22  943.10(1) or a full-time correctional officer as defined in s.

23  943.10(2) who is killed in the line of duty on or after July

24  1, 1993, as a result of an act of violence inflicted by

25  another person while the officer is engaged in the performance

26  of law enforcement duties or as a result of an assault against

27  the officer under riot conditions shall pay the entire premium

28  of the political subdivision's health insurance plan for the

29  employee's surviving spouse until remarried, and for each

30  dependent child of the employee until the child reaches the

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  age of majority or until the end of the calendar year in which

  2  the child reaches the age of 25 if:

  3         1.  At the time of the employee's death, the child is

  4  dependent upon the employee for support; and

  5         2.  The surviving child continues to be dependent for

  6  support, or the surviving child is a full-time or part-time

  7  student and is dependent for support.

  8         (h)1.  Any employer who employs a full-time law

  9  enforcement, correctional, or correctional probation officer

10  who, on or after January 1, 1995, suffers a catastrophic

11  injury, as defined in s. 440.02(37), in the line of duty shall

12  pay the entire premium of the employer's health insurance plan

13  for the injured employee, the injured employee's spouse, and

14  for each dependent child of the injured employee until the

15  child reaches the age of majority or until the end of the

16  calendar year in which the child reaches the age of 25 if the

17  child continues to be dependent for support, or the child is a

18  full-time or part-time student and is dependent for support.

19  The term "health insurance plan" does not include supplemental

20  benefits that are not part of the basic group health insurance

21  plan.  If the injured employee subsequently dies, the employer

22  shall continue to pay the entire health insurance premium for

23  the surviving spouse until remarried, and for the dependent

24  children, under the conditions outlined in this paragraph.

25  However:

26         a.  Health insurance benefits payable from any other

27  source shall reduce benefits payable under this section.

28         b.  It is unlawful for a person to willfully and

29  knowingly make, or cause to be made, or to assist, conspire

30  with, or urge another to make, or cause to be made, any false,

31  fraudulent, or misleading oral or written statement to obtain

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  health insurance coverage as provided under this paragraph.  A

  2  person who violates this sub-subparagraph commits a

  3  misdemeanor of the first degree, punishable as provided in s.

  4  775.082 or s. 775.083.

  5         c.  In addition to any applicable criminal penalty,

  6  upon conviction for a violation as described in

  7  sub-subparagraph b., a law enforcement, correctional, or

  8  correctional probation officer or other beneficiary who

  9  receives or seeks to receive health insurance benefits under

10  this paragraph shall forfeit the right to receive such health

11  insurance benefits, and shall reimburse the employer for all

12  benefits paid due to the fraud or other prohibited activity.

13  For purposes of this sub-subparagraph, "conviction" means a

14  determination of guilt that is the result of a plea or trial,

15  regardless of whether adjudication is withheld.

16         2.  In order for the officer, spouse, and dependent

17  children to be eligible for such insurance coverage, the

18  injury must have occurred as the result of the officer's

19  response to fresh pursuit, the officer's response to what is

20  reasonably believed to be an emergency, or an unlawful act

21  perpetrated by another.  Except as otherwise provided herein,

22  nothing in this paragraph shall be construed to limit health

23  insurance coverage for which the officer, spouse, or dependent

24  children may otherwise be eligible, except that a person who

25  qualifies under this section shall not be eligible for the

26  health insurance subsidy provided under chapter 121, chapter

27  175, or chapter 185.

28         (i)  The Bureau of Crime Prevention and Training within

29  the Department of Legal Affairs shall adopt rules necessary to

30  implement paragraphs (a), (b), and (c).

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1         (3)  If a law enforcement, correctional, or

  2  correctional probation officer is accidentally killed as

  3  specified in paragraph (2)(b) on or after June 22, 1990, or

  4  unlawfully and intentionally killed as specified in paragraph

  5  (2)(c) on or after July 1, 1980, the state shall waive certain

  6  educational expenses that which children of the deceased

  7  officer incur while obtaining a vocational-technical

  8  certificate, or an undergraduate education, or a graduate or

  9  postbaccalaureate professional degree. The amount waived by

10  the state shall be an amount equal to the cost of tuition, and

11  matriculation, and other statutorily authorized registration

12  fees for a total of 120 credit hours for a

13  vocational-technical certificate or an undergraduate

14  education. For a child pursuing a graduate or

15  postbaccalaureate professional degree, the amount waived shall

16  equal the cost of matriculation and other statutorily

17  authorized fees incurred while the child continues to fulfill

18  the professional requirements associated with the graduate or

19  postbaccalaureate professional degree program, and eligibility

20  continues until the child's 29th birthday. The child may

21  attend a state vocational-technical school, a state community

22  college, or a state university.  The child may attend any or

23  all of the institutions specified in this subsection, on

24  either a full-time or part-time basis. For a child pursuing a

25  vocational-technical certificate or an undergraduate

26  education, the benefits provided under this subsection shall

27  continue to the child until the child's 25th birthday. To be

28  eligible for the benefits provided under this subsection for

29  enrollment in a graduate or postbaccalaureate professional

30  degree program, the child must be a state resident, as defined

31  in s. 240.1201, at the time of enrollment.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1         (a)  Upon failure of any child benefited by the

  2  provisions of this section to comply with the ordinary and

  3  minimum requirements of the institution attended, both as to

  4  discipline and scholarship, the benefits shall be withdrawn as

  5  to the child and no further moneys may be expended for the

  6  child's benefits so long as such failure or delinquency

  7  continues.

  8         (b)  Only a student in good standing in his or her

  9  respective institution may receive the benefits thereof.

10         (c)  A child receiving benefits under this section must

11  be enrolled according to the customary rules and requirements

12  of the institution attended.

13         (4)(a)  The employer of such law enforcement,

14  correctional, or correctional probation officer is liable for

15  the payment of the sums specified in this section and is

16  deemed self-insured, unless it procures and maintains, or has

17  already procured and maintained, insurance to secure such

18  payments. Any such insurance may cover only the risks

19  indicated in this section, in the amounts indicated in this

20  section, or it may cover those risks and additional risks and

21  may be in larger amounts.  Any such insurance shall be placed

22  by such employer only after public bid of such insurance

23  coverage which coverage shall be awarded to the carrier making

24  the lowest best bid.

25         (b)  Payment of benefits to beneficiaries of state

26  employees, or of the premiums to cover the risk, under the

27  provisions of this section shall be paid from existing funds

28  otherwise appropriated to the department employing the law

29  enforcement, correctional, or correctional probation officers.

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1         (5)  The Department of Education shall adopt rules and

  2  procedures as are necessary to implement the educational

  3  benefits provisions of this section.

  4         (6)  Notwithstanding any provision of this section to

  5  the contrary, the death benefits provided in paragraphs (2)(c)

  6  and (g) shall also be applicable and paid in cases where an

  7  officer received bodily injury prior to July 1, 1993, and

  8  subsequently died on or after July 1, 1993, as a result of

  9  such in-line-of-duty injury attributable to an unlawful and

10  intentional act, or an act of violence inflicted by another,

11  or an assault on the officer under riot conditions.  Payment

12  of such benefits shall be in accordance with provisions of

13  this section.  Nothing in this provision shall be construed to

14  limit death benefits for which those individuals listed in

15  paragraph (2)(d) may otherwise be eligible.

16         Section 2.  Section 112.191, Florida Statutes, is

17  amended to read:

18         112.191  Firefighters; death benefits.--

19         (1)  Whenever used in this act:

20         (a)  The term "employer" means a state board,

21  commission, department, division, bureau or agency, or a

22  county, municipality, or other political subdivision of the

23  state.

24         (b)  The term "firefighter" means any full-time duly

25  employed uniformed firefighter employed by an employer, whose

26  primary duty is the prevention and extinguishing of fires, the

27  protection of life and property therefrom, the enforcement of

28  municipal, county, and state fire prevention codes, as well as

29  the enforcement of any law pertaining to the prevention and

30  control of fires, who is certified pursuant to s. 633.35, and

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  who is a member of a duly constituted fire department of such

  2  employer or who is a volunteer firefighter.

  3         (c)  The term "insurance" means insurance procured from

  4  a stock company or mutual company or association or exchange

  5  authorized to do business as an insurer in this state.

  6         (2)(a)  The sum of $25,000 shall be paid as hereinafter

  7  provided when a firefighter, while engaged in the performance

  8  of his or her firefighter duties, is accidentally killed or

  9  receives accidental bodily injury which subsequently results

10  in the loss of the firefighter's life, provided that such

11  killing is not the result of suicide and that such bodily

12  injury is not intentionally self-inflicted.

13         (b)  The sum of $25,000 shall be paid as hereinafter

14  provided if a firefighter is accidentally killed as specified

15  in paragraph (a) and the accidental death occurs as a result

16  of the firefighter's response to what is reasonably believed

17  to be an emergency involving the protection of life or

18  property.  This sum shall be in addition to any sum provided

19  for in paragraph (a).

20         (c)  If a firefighter, while engaged in the performance

21  of his or her firefighter duties, is unlawfully and

22  intentionally killed, dies as a result of a fire which has

23  been determined to have been caused by an act of arson, or

24  subsequently dies as a result of injuries sustained therefrom,

25  the sum of $75,000 shall be paid as hereinafter provided.

26         (d)  Such payments, pursuant to paragraphs (a), (b),

27  and (c), whether secured by insurance or not, shall be made to

28  the beneficiary designated by such firefighter in writing,

29  signed by the firefighter and delivered to the employer during

30  the firefighter's lifetime.  If no such designation is made,

31  then it shall be paid to the firefighter's surviving child or

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  children and spouse in equal portions, and if there be no

  2  surviving child or spouse, then to the firefighter's parent or

  3  parents.  If a beneficiary designation is not made and there

  4  is no surviving child, spouse, or parent, then it shall be

  5  paid to the firefighter's estate.

  6         (e)  Such payments, pursuant to the provisions of

  7  paragraphs (a), (b), and (c), shall be in addition to any

  8  workers' compensation or pension benefits and shall be exempt

  9  from the claims and demands of creditors of such firefighter.

10         (f)  Any political subdivision of the state that

11  employs a full-time firefighter who is killed in the line of

12  duty on or after July 1, 1993, as a result of an act of

13  violence inflicted by another person while the firefighter is

14  engaged in the performance of firefighter duties, as a result

15  of a fire which has been determined to have been caused by an

16  act of arson, or as a result of an assault against the

17  firefighter under riot conditions shall pay the entire premium

18  of the political subdivision's health insurance plan for the

19  employee's surviving spouse until remarried, and for each

20  dependent child of the employee until the child reaches the

21  age of majority or until the end of the calendar year in which

22  the child reaches the age of 25 if:

23         1.  At the time of the employee's death, the child is

24  dependent upon the employee for support; and

25         2.  The surviving child continues to be dependent for

26  support, or the surviving child is a full-time or part-time

27  student and is dependent for support.

28         (g)1.  Any employer who employs a full-time firefighter

29  who, on or after January 1, 1995, suffers a catastrophic

30  injury, as defined in s. 440.02(37), in the line of duty shall

31  pay the entire premium of the employer's health insurance plan

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  for the injured employee, the injured employee's spouse, and

  2  for each dependent child of the injured employee until the

  3  child reaches the age of majority or until the end of the

  4  calendar year in which the child reaches the age of 25 if the

  5  child continues to be dependent for support, or the child is a

  6  full-time or part-time student and is dependent for support.

  7  The term "health insurance plan" does not include supplemental

  8  benefits that are not part of the basic group health insurance

  9  plan.  If the injured employee subsequently dies, the employer

10  shall continue to pay the entire health insurance premium for

11  the surviving spouse until remarried, and for the dependent

12  children, under the conditions outlined in this paragraph.

13  However:

14         a.  Health insurance benefits payable from any other

15  source shall reduce benefits payable under this section.

16         b.  It is unlawful for a person to willfully and

17  knowingly make, or cause to be made, or to assist, conspire

18  with, or urge another to make, or cause to be made, any false,

19  fraudulent, or misleading oral or written statement to obtain

20  health insurance coverage as provided under this paragraph.  A

21  person who violates this sub-subparagraph commits a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         c.  In addition to any applicable criminal penalty,

25  upon conviction for a violation as described in

26  sub-subparagraph b., a firefighter or other beneficiary who

27  receives or seeks to receive health insurance benefits under

28  this paragraph shall forfeit the right to receive such health

29  insurance benefits, and shall reimburse the employer for all

30  benefits paid due to the fraud or other prohibited activity.

31  For purposes of this sub-subparagraph, "conviction" means a

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  determination of guilt that is the result of a plea or trial,

  2  regardless of whether adjudication is withheld.

  3         2.  In order for the firefighter, spouse, and dependent

  4  children to be eligible for such insurance coverage, the

  5  injury must have occurred as the result of the firefighter's

  6  response to what is reasonably believed to be an emergency

  7  involving the protection of life or property, or an unlawful

  8  act perpetrated by another.  Except as otherwise provided

  9  herein, nothing in this paragraph shall be construed to limit

10  health insurance coverage for which the firefighter, spouse,

11  or dependent children may otherwise be eligible, except that a

12  person who qualifies for benefits under this section shall not

13  be eligible for the health insurance subsidy provided under

14  chapter 121, chapter 175, or chapter 185.

15

16  Notwithstanding any provision of this section to the contrary,

17  the death benefits provided in paragraphs (b), (c), and (f)

18  shall also be applicable and paid in cases where a firefighter

19  received bodily injury prior to July 1, 1993, and subsequently

20  died on or after July 1, 1993, as a result of such

21  in-line-of-duty injury.

22         (h)  The Division of the State Fire Marshal within the

23  Department of Insurance is directed to promulgate rules as are

24  necessary to implement the provisions of this section.

25         (3)  If a firefighter is accidentally killed as

26  specified in paragraph (2)(b) on or after June 22, 1990, or

27  unlawfully and intentionally killed as specified in paragraph

28  (2)(c), on or after July 1, 1980, the state shall waive

29  certain educational expenses that which children of the

30  deceased firefighter incur while obtaining a

31  vocational-technical certificate, or an undergraduate

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  education, or a graduate or postbaccalaureate professional

  2  degree. The amount waived by the state shall be an amount

  3  equal to the cost of tuition, and matriculation, and other

  4  statutorily authorized registration fees for a total of 120

  5  credit hours for a vocational-technical certificate or an

  6  undergraduate education. For a child pursuing a graduate or

  7  postbaccalaureate professional degree, the amount waived shall

  8  equal the cost of matriculation and other statutorily

  9  authorized fees incurred while the child continues to fulfill

10  the professional requirements associated with the graduate or

11  postbaccalaureate professional degree program, and eligibility

12  continues until the child's 29th birthday. The child may

13  attend a state vocational-technical school, a state community

14  college, or a state university.  The child may attend any or

15  all of the institutions specified in this subsection, on

16  either a full-time or part-time basis. For a child pursuing a

17  vocational-technical certificate or an undergraduate

18  education, the benefits provided under this subsection shall

19  continue to such a child until the child's 25th birthday. To

20  be eligible for the benefits provided under this subsection

21  for enrollment in a graduate or postbaccalaureate professional

22  degree program, the child must be a state resident, as defined

23  in s. 240.1201, at the time of enrollment.

24         (a)  Upon failure of any child benefited by the

25  provisions of this section to comply with the ordinary and

26  minimum requirements of the institution attended, both as to

27  discipline and scholarship, the benefits thereof shall be

28  withdrawn as to the child and no further moneys expended for

29  the child's benefits so long as such failure or delinquency

30  continues.

31

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1         (b)  Only students in good standing in their respective

  2  institutions shall receive the benefits thereof.

  3         (c)  All children receiving benefits under this section

  4  shall be enrolled according to the customary rules and

  5  requirements of the institution attended.

  6         (4)(a)  The employer of such firefighter shall be

  7  liable for the payment of said sums specified in this section

  8  and shall be deemed self-insured, unless it procures and

  9  maintains, or has already procured and maintained, insurance

10  to secure such payments. Any such insurance may cover only the

11  risks indicated in this section, in the amounts indicated in

12  this section, or it may cover those risks and additional risks

13  and may be in larger amounts.  Any such insurance shall be

14  placed by such employer only after public bid of such

15  insurance coverage which coverage shall be awarded to the

16  carrier making the lowest best bid.

17         (b)  Payment of benefits to beneficiaries of state

18  employees, or of the premiums to cover the risk, under the

19  provisions of this section, shall be paid from existing funds

20  otherwise appropriated for the department.

21         (5)  The Department of Education shall adopt is

22  directed to promulgate rules and procedures as are necessary

23  to implement the educational benefits provisions of this

24  section.

25         Section 3.  Notwithstanding subsection (7) of section 3

26  of chapter 2000-321, Laws of Florida, section 240.552, Florida

27  Statutes, shall not stand repealed January 7, 2003, as

28  scheduled by that law, but that section is reenacted and

29  amended to read:

30         240.552  Florida Prepaid Tuition Scholarship

31  Program.--The Florida Prepaid Tuition Scholarship Program is

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1  hereby established with the intent to provide economically

  2  disadvantaged youth with prepaid postsecondary tuition

  3  scholarships and to provide scholarships through the Florida

  4  College Savings Program for children of law enforcement

  5  officers or firefighters killed in the line of duty. The

  6  direct-support organization established pursuant to s. 240.551

  7  shall administer the program with the assistance and

  8  cooperation of the Department of Education to achieve the

  9  following objectives:

10         (1)  Provide an incentive for economically

11  disadvantaged youth to improve school attendance and academic

12  performance in order to graduate and pursue a postsecondary

13  education.

14         (2)  Obtain the commitment and involvement of private

15  sector entities by virtue of funding matches with a ratio of

16  50 percent provided by the private sector and 50 percent

17  provided by the state.

18         (3)  Purchase prepaid tuition scholarships for students

19  certified by the Department of Education to the direct-support

20  organization who meet minimum economic and school requirements

21  and remain drug free and crime free.

22         (a)  For the purpose of this subsection, "drug free"

23  means not being convicted of, or adjudicated delinquent for,

24  any violation of chapter 893 after being designated a

25  recipient of a Florida prepaid tuition scholarship.

26         (b)  For the purpose of this subsection, "crime free"

27  means not being convicted of, or adjudicated delinquent for,

28  any felony or first degree misdemeanor as defined in ss.

29  775.08 and 775.081 after being designated a recipient of a

30  Florida prepaid tuition scholarship.

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 176
    309-1997-02




  1         (4)  Provide scholarships through the Florida College

  2  Savings Program authorized in s. 240.553 to cover the cost of

  3  tuition, matriculation, and other statutorily authorized fees

  4  for obtaining a graduate or postbaccalaureate degree for

  5  children of law enforcement, correctional, or correctional

  6  probation officers who are eligible for the waiver of

  7  undergraduate tuition, matriculation, and statutorily

  8  authorized fees under s. 112.19(3) and for children of

  9  firefighters who are eligible for the waiver of undergraduate

10  tuition, matriculation, and statutorily authorized fees under

11  s. 112.191(3). The scholarships are available for such

12  children until the child's 29th birthday. To be eligible for a

13  scholarship, the child must be a state resident, as defined in

14  s. 240.1201, at the time of enrollment. The Department of

15  Education shall obtain the commitment and involvement of

16  private-sector entities by virtue of funding matches with a

17  ratio of 25 percent provided by the private sector and 75

18  percent provided by the state for the scholarship authorized

19  under this subsection.

20         Section 4.  This act shall take effect July 1, 2002.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 176

24

25  CS/SB 176 deletes the term "tuition" from the list of fees to
    be waived for graduate and post-baccalaureate in-state
26  students, because tuition is charged only to out of state
    students.
27
    CS/SB 176 also allows the Prepaid Tuition Scholarship Program
28  to share in the fee costs of graduate and post baccalaureate
    education at state institutions, for children of a public
29  safety officer or a firefighter who has been killed in the
    line of duty.
30

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.