Senate Bill sb0422c1
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Florida Senate - 2002 CS for SB 422
By the Committee on Governmental Oversight and Productivity;
and Senator Mitchell
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1 A bill to be entitled
2 An act relating to school district employees;
3 amending s. 112.1915, F.S.; extending the
4 benefits of the Barry Grunow Act to specified
5 school district employees; providing an
6 effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 112.1915, Florida Statutes, is
11 amended to read:
12 112.1915 Specified school district employees Teachers
13 and school administrators; death benefits.--Any other
14 provision of law to the contrary notwithstanding:
15 (1) As used in this section, the term:
16 (a) "Employee" means any educational support employee
17 as defined in s. 228.041(38), but does not include any
18 individual under contract with an entity that provides
19 services to the school district.
20 (b)(a) "Employer" means the district school board.
21 (c)(b) "Teacher" means any instructional staff
22 personnel as defined described in s. 228.041(9).
23 (d)(c) "School administrator" means any school
24 administrator as described in s. 228.041(10)(c).
25 (e)(d) "Teaching Duties" means the actual performance
26 of duties required by an employee's, a teacher's, or a school
27 administrator's employment during his or her regularly
28 scheduled working hours or irregular working hours as required
29 or assigned by the employer.
30 (e) "School administrator duties" means the actual
31 performance of duties required by a school administrator's
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Florida Senate - 2002 CS for SB 422
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1 employment during his or her regularly scheduled working hours
2 or irregular working hours as required or assigned by the
3 employer.
4 (f) "Beneficiary" means the person designated by the
5 employee, teacher, or school administrator in writing, signed
6 by the employee, teacher, or school administrator and
7 delivered to the employer during the employee's, teacher's, or
8 school administrator's lifetime. If a beneficiary is not
9 designated, the beneficiary is the employee's, teacher's, or
10 school administrator's estate.
11 (2) The benefits described in subsection (3) shall be
12 provided when an employee, a teacher, or a school
13 administrator is killed or injured and dies as a result of an
14 unlawful and intentional act, provided that such killing or
15 injury and death is the result of an act of violence inflicted
16 by another person, and provided that:
17 (a) Such act is inflicted upon the employee, teacher,
18 or school administrator while he or she is engaged in the
19 performance of his or her teaching duties or school
20 administrator duties; or
21 (b) The motivation for such act is related in whole or
22 in part to the fact that the individual is an employee, a
23 teacher, or a school administrator.
24 (3) If an employee, a teacher, or a school
25 administrator dies under the conditions in subsection (2),
26 benefits shall be provided as follows:
27 (a) The sum of $75,000 shall be paid, whether secured
28 by insurance or not, to the beneficiary. The payment shall be
29 in addition to any other insurance, workers' compensation, or
30 pension benefits or other benefits that employee's, teacher's,
31 or school administrator's teacher or school administrator
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1 beneficiaries and dependents are entitled to under state or
2 federal statutes and shall be exempt from the claims and
3 demands of creditors of such employee, teacher, or school
4 administrator, pursuant to s. 732.402(2)(d).
5 (b) The sum of $1,000 shall be paid, whether secured
6 by insurance or not, to the beneficiary toward the funeral and
7 burial expenses of such employee, teacher, or school
8 administrator. The payment shall be in addition to any
9 workers' compensation or pension benefits or other benefits
10 that employee's, teacher's, or school administrator's teacher
11 or school administrator beneficiaries and dependents are
12 entitled to under state or federal statutes and shall be
13 exempt from the claims and demands of creditors of such
14 employee, teacher, or school administrator, pursuant to s.
15 732.402(2)(d).
16 (c) Payment of the entire health insurance premium for
17 the school district's health insurance plan shall continue for
18 the employee's, teacher's, or school administrator's surviving
19 spouse until remarried, and for each dependent child of the
20 employee, teacher, or school administrator until the child
21 reaches the age of majority or until the end of the calendar
22 year in which the child reaches the age of 25 if:
23 1. At the time of the employee's, teacher's, or school
24 administrator's death, the child is dependent upon the
25 employee, teacher, or school administrator for support; and
26 2. The surviving child continues to be dependent for
27 support, or the surviving child is a full-time or part-time
28 student and is dependent for support.
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30 The district school board that employed the employee, teacher,
31 or school administrator who is killed shall pay the health
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1 insurance premiums. The district school board shall report
2 annually to the Department of Education the amount of premiums
3 paid pursuant to this paragraph. The Department of Education
4 shall provide reimbursement to the district for the premium
5 payments.
6 (d) Waiver of certain educational expenses which
7 children of the deceased employee, teacher, or school
8 administrator incur while obtaining a vocational-technical
9 certificate or an undergraduate education shall be according
10 to conditions set forth in this paragraph. The amount waived
11 by the state shall be an amount equal to the cost of tuition
12 and matriculation and registration fees for a total of 120
13 credit hours at a university. The child may attend a state
14 vocational-technical school, a state community college, or a
15 state university. The child may attend any or all of the
16 institutions specified in this paragraph, on either a
17 full-time or part-time basis. The benefits provided under
18 this paragraph shall continue to the child until the child's
19 25th birthday.
20 1. Upon failure of any child benefited by the
21 provisions of this paragraph to comply with the ordinary and
22 minimum requirements of the institution attended, both as to
23 discipline and scholarship, the benefits shall be withdrawn as
24 to the child and no further moneys may be expended for the
25 child's benefits so long as such failure or delinquency
26 continues.
27 2. A student who becomes eligible for benefits under
28 the provisions of this paragraph while enrolled in an
29 institution must be in good standing with the institution to
30 receive the benefits provided herein.
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1 3. A child receiving benefits under this paragraph
2 must be enrolled according to the customary rules and
3 requirements of the institution attended.
4 (4) The State Board of Education shall adopt rules and
5 procedures necessary to implement the provisions of this
6 section, pursuant to ss. 120.536(1), and 120.54, and 120.541.
7 (5) State funding shall be provided annually in the
8 General Appropriations Act.
9 Section 2. This act shall take effect July 1, 2002.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bill 422
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14 The Committee Substitute expands coverage of the Barry Grunow
Act to include instructional support employees defined in s.
15 228.041(38), F.S. and disclaims coverage for employees of
contract providers.
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