Senate Bill sb0422

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 422

    By Senator Mitchell





    4-538-02                                            See HB 265

  1                      A bill to be entitled

  2         An act relating to district school board

  3         employees; amending s. 112.1915, F.S.;

  4         extending the benefits of the Barry Grunow Act

  5         to certain district school board employees and

  6         certain noninstructional personnel who provide

  7         indirect services to students, in addition to

  8         teachers and school administrators; providing

  9         an effective date.

10

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

12

13         Section 1.  Section 112.1915, Florida Statutes, is

14  amended to read:

15         112.1915  District school board employees, excluding

16  certain noncertified noninstructional personnel and contract

17  workers Teachers and school administrators; death

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

19  notwithstanding:

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

21         (a)  "Employee" means a secretary, cafeteria worker,

22  janitor, school bus driver, or other employee of a district

23  school board, but does not include a noncertified

24  noninstructional employee or a contract worker.

25         (b)(a)  "Employer" means the district school board.

26         (b)  "Teacher" means any instructional staff personnel

27  as described in s. 228.041(9).

28         (c)  "School administrator" means any school

29  administrator as described in s. 228.041(10)(c).

30         (c)(d)  "Teaching Duties" means the actual performance

31  of duties required by an employee's a teacher's employment

                                  1

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






    Florida Senate - 2002                                   SB 422
    4-538-02                                            See HB 265




  1  during his or her regularly scheduled working hours or

  2  irregular working hours as required or assigned by the

  3  employer.

  4         (e)  "School administrator duties" means the actual

  5  performance of duties required by a school administrator's

  6  employment during his or her regularly scheduled working hours

  7  or irregular working hours as required or assigned by the

  8  employer.

  9         (d)(f)  "Beneficiary" means the person designated by

10  the employee teacher or school administrator in writing,

11  signed by the employee teacher or school administrator and

12  delivered to the employer during the employee's teacher's or

13  school administrator's lifetime. If a beneficiary is not

14  designated, the beneficiary is the employee's teacher's or

15  school administrator's estate.

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

17  provided when an employee a teacher or school administrator is

18  killed or injured and dies as a result of an unlawful and

19  intentional act, provided that such killing or injury and

20  death is the result of an act of violence inflicted by another

21  person, and provided that:

22         (a)  Such act is inflicted upon the employee teacher or

23  school administrator while he or she is engaged in the

24  performance of the employee's teaching duties or school

25  administrator duties; or

26         (b)  The motivation for such act is related in whole or

27  in part to the fact that the individual is an employee of the

28  district school board a teacher or school administrator.

29         (3)  If an employee a teacher or school administrator

30  dies under the conditions in subsection (2), benefits shall be

31  provided as follows:

                                  2

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






    Florida Senate - 2002                                   SB 422
    4-538-02                                            See HB 265




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

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

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

  4  pension benefits or other benefits that employee teacher or

  5  school administrator beneficiaries and dependents are entitled

  6  to under state or federal statutes and shall be exempt from

  7  the claims and demands of creditors of such employee teacher

  8  or school administrator, pursuant to s. 732.402(2)(d).

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

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

11  burial expenses of such employee teacher or school

12  administrator. The payment shall be in addition to any

13  workers' compensation or pension benefits or other benefits

14  that employee teacher or school administrator beneficiaries

15  and dependents are entitled to under state or federal statutes

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

17  of such employee teacher or school administrator, pursuant to

18  s. 732.402(2)(d).

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

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

21  the employee's teacher's or school administrator's surviving

22  spouse until remarried, and for each dependent child of the

23  employee teacher or school administrator until the child

24  reaches the age of majority or until the end of the calendar

25  year in which the child reaches the age of 25 if:

26         1.  At the time of the employee's teacher's or school

27  administrator's death, the child is dependent upon the

28  employee teacher or school administrator for support; and

29         2.  The surviving child continues to be dependent for

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

31  student and is dependent for support.

                                  3

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






    Florida Senate - 2002                                   SB 422
    4-538-02                                            See HB 265




  1

  2  The district school board that employed the employee teacher

  3  or school administrator who is killed shall pay the health

  4  insurance premiums.  The district school board shall report

  5  annually to the Department of Education the amount of premiums

  6  paid pursuant to this paragraph.  The Department of Education

  7  shall provide reimbursement to the district for the premium

  8  payments.

  9         (d)  Waiver of certain educational expenses which

10  children of the deceased employee teacher or school

11  administrator incur while obtaining a vocational-technical

12  certificate or an undergraduate education shall be according

13  to conditions set forth in this paragraph. The amount waived

14  by the state shall be an amount equal to the cost of tuition

15  and matriculation and registration fees for a total of 120

16  credit hours at a university. The child may attend a state

17  vocational-technical school, a state community college, or a

18  state university.  The child may attend any or all of the

19  institutions specified in this paragraph, on either a

20  full-time or part-time basis.  The benefits provided under

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

22  25th birthday.

23         1.  Upon failure of any child benefited by the

24  provisions of this paragraph to comply with the ordinary and

25  minimum requirements of the institution attended, both as to

26  discipline and scholarship, the benefits shall be withdrawn as

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

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

29  continues.

30         2.  A student who becomes eligible for benefits under

31  the provisions of this paragraph while enrolled in an

                                  4

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






    Florida Senate - 2002                                   SB 422
    4-538-02                                            See HB 265




  1  institution must be in good standing with the institution to

  2  receive the benefits provided herein.

  3         3.  A child receiving benefits under this paragraph

  4  must be enrolled according to the customary rules and

  5  requirements of the institution attended.

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

  7  procedures necessary to implement the provisions of this

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

  9         (5)  State funding shall be provided annually in the

10  General Appropriations Act.

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

12

13            *****************************************

14                       LEGISLATIVE SUMMARY

15
      Extends the benefits of the Barry Grunow Act to specified
16    district school board employees rather than just teachers
      and school administrators. (See bill for details.)
17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

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