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



                                                   HOUSE AMENDMENT

    791-112AX-38                                  Bill No. HB 2017

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Richardson offered the following:

12

13         Amendment (with title amendment) 

14         On page 1775, between 8 and 9, of the bill

15

16  insert:

17         Section 1052.  Effective upon this act becoming a law,

18  section 112.1916, Florida Statutes, is created to read:

19         112.1916  District school board employees; death

20  benefits.--Any other provision of law to the contrary

21  notwithstanding:

22         (1)  As used in this section, the term:

23         (a)  "Employee" means an employee of a district school

24  board but does not include independent contractors, personnel

25  employed by another entity who provide services to the

26  district school board pursuant to contract, instructional

27  staff personnel as described in s. 1012.01(2), or school

28  administrators as described in s. 1012.01(3)(c).

29         (b)  "Employer" means the district school board.

30         (c)  "Duties" means the actual performance of duties

31  required by an employee's employment during his or her

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                                                   HOUSE AMENDMENT

    791-112AX-38                                  Bill No. HB 2017

    Amendment No. 2 (for drafter's use only)





  1  regularly scheduled working hours or irregular working hours

  2  as required by the employer.

  3         (d)  "Beneficiary" means the person designated by the

  4  employee in writing, signed by the employee, and delivered to

  5  the employer during the employee's lifetime.  If a beneficiary

  6  is not designated, the beneficiary is the employee's estate.

  7         (2)  The benefits described in subsection (3) shall be

  8  provided when an employee is killed or injured and dies as a

  9  result of an unlawful and intentional act, provided that such

10  killing or injury and death is the result of an act of

11  violence inflicted by another person, and provided that such

12  act is inflicted upon the employee while he or she is engaged

13  in the performance of the employee's duties.

14         (3)  If an employee dies under the conditions in

15  subsection (2), benefits shall be provided as follows:

16         (a)  The sum of $75,000 shall be paid, whether secured

17  by insurance or not, to the beneficiary.  The payment shall be

18  in addition to any other insurance, workers' compensation, or

19  pension benefits or other benefits that employee beneficiaries

20  and dependents are entitled to under state or federal statutes

21  and shall be exempt from the claims and demands of creditors

22  of such employee, pursuant to s. 732.402(2)(d).

23         (b)  The sum of $1,000 shall be paid, whether secured

24  by insurance or not, to the beneficiary toward the funeral and

25  burial expenses of such employee.  The payment shall be in

26  addition to any workers' compensation or pension benefits or

27  other benefits that employee beneficiaries and dependents are

28  entitled to under state or federal statutes and shall be

29  exempt from the claims and demands of creditors of such

30  employee, pursuant to s. 732.402(2)(d).

31         (c)  Payment of the entire health insurance premium for

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                                                   HOUSE AMENDMENT

    791-112AX-38                                  Bill No. HB 2017

    Amendment No. 2 (for drafter's use only)





  1  the school district's health insurance plan shall continue for

  2  the 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

12  The district school board that employed the employee who is

13  killed shall pay the health insurance premiums.  The district

14  school board shall report annually to the Department of

15  Education the amount of premiums paid pursuant to this

16  paragraph.  The Department of Education shall provide

17  reimbursement to the district for the premium payments.

18         (d)  Waiver of certain educational expenses which

19  children of the deceased employee incur while obtaining a

20  vocational-technical certificate or an undergraduate education

21  shall be according to conditions set forth in this paragraph.

22  The amount waived by the state shall be an amount equal to the

23  cost of tuition and matriculation and registration fees for a

24  total of 120 credit hours at a university.  The child may

25  attend a state vocational-technical school, a community

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

27  all of the institutions specified in this paragraph, on either

28  a full-time or part-time basis.  The benefits provided under

29  this paragraph shall continue to the child until the child's

30  25th birthday.

31         1.  Upon failure of any child benefited by the

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                                                   HOUSE AMENDMENT

    791-112AX-38                                  Bill No. HB 2017

    Amendment No. 2 (for drafter's use only)





  1  provisions of this paragraph to comply with the ordinary and

  2  minimum requirements of the institution attended, both as to

  3  discipline and scholarship, the benefits shall be withdrawn as

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

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

  6  continues.

  7         2.  A student who becomes eligible for benefits under

  8  the provisions of this paragraph while enrolled in an

  9  institution must be in good standing with the institution to

10  receive the benefits provided herein.

11         3.  A child receiving benefits under this paragraph

12  must be enrolled according to the customary rules and

13  requirements of the institution attended.

14         (4)  The State Board of Education shall adopt rules and

15  procedures necessary to implement the provisions of this

16  section, pursuant to ss. 120.536(1), 120.54, and 120.541.

17         (5)  State funding shall be as provided annually in the

18  General Appropriations Act.

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20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 5, line 11, after "references;"

24

25  insert:

26         creating s. 112.1916, F.S.; extending special

27         death benefits to certain district school board

28         employees who provide indirect services to

29         students;

30

31

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