House Bill hb0265c1

    Florida House of Representatives - 2002              CS/HB 265

        By the Committee on General Education and Representatives
    Richardson, Pickens, Justice, Wiles, Fields, Jordan and Gannon





  1                      A bill to be entitled

  2         An act relating to district school board

  3         employees; creating s. 112.1916, F.S.;

  4         extending special death benefits to certain

  5         district school board employees who provide

  6         indirect services to students; providing an

  7         effective date.

  8

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

10

11         Section 1.  Section 112.1916, Florida Statutes, is

12  created to read:

13         112.1916  District school board employees; death

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

15  notwithstanding:

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

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

18  board but does not include independent contractors, personnel

19  employed by another entity who provide services to the

20  district school board pursuant to contract, instructional

21  staff personnel as described in s. 228.041(9), or school

22  administrators as described in s. 228.041(10)(c).

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

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

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

26  regularly scheduled working hours or irregular working hours

27  as required by the employer.

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

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

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

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

                                  1

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






    Florida House of Representatives - 2002              CS/HB 265

    185-735-02






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

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

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

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

  5  violence inflicted by another person, and provided that such

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

  7  in the performance of the employee's duties.

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

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

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

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

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

13  pension benefits or other benefits that employee beneficiaries

14  and dependents are entitled to under state or federal statutes

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

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

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

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

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

20  addition to any workers' compensation or pension benefits or

21  other benefits that employee beneficiaries and dependents are

22  entitled to under state or federal statutes and shall be

23  exempt from the claims and demands of creditors of such

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

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

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

27  the employee's surviving spouse until remarried, and for each

28  dependent child of the employee until the child reaches the

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

30  the child reaches the age of 25 if:

31

                                  2

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






    Florida House of Representatives - 2002              CS/HB 265

    185-735-02






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

  2  dependent upon the employee for support; and

  3         2.  The surviving child continues to be dependent for

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

  5  student and is dependent for support.

  6

  7  The district school board that employed the employee who is

  8  killed shall pay the health insurance premiums.  The district

  9  school board shall report annually to the Department of

10  Education the amount of premiums paid pursuant to this

11  paragraph.  The Department of Education shall provide

12  reimbursement to the district for the premium payments.

13         (d)  Waiver of certain educational expenses which

14  children of the deceased employee incur while obtaining a

15  vocational-technical certificate or an undergraduate education

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

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

18  cost of tuition and matriculation and registration fees for a

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

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

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

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

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

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

25  25th birthday.

26         1.  Upon failure of any child benefited by the

27  provisions of this paragraph to comply with the ordinary and

28  minimum requirements of the institution attended, both as to

29  discipline and scholarship, the benefits shall be withdrawn as

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

31

                                  3

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






    Florida House of Representatives - 2002              CS/HB 265

    185-735-02






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

  2  continues.

  3         2.  A student who becomes eligible for benefits under

  4  the provisions of this paragraph while enrolled in an

  5  institution must be in good standing with the institution to

  6  receive the benefits provided herein.

  7         3.  A child receiving benefits under this paragraph

  8  must be enrolled according to the customary rules and

  9  requirements of the institution attended.

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

11  procedures necessary to implement the provisions of this

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

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

14  General Appropriations Act.

15         Section 2.  This act shall take effect July 1, 2002.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

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