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




    302-1803-02

  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.

  7

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

  9

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
    302-1803-02




  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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    Florida Senate - 2002                            CS for SB 422
    302-1803-02




  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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    Florida Senate - 2002                            CS for SB 422
    302-1803-02




  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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    Florida Senate - 2002                            CS for SB 422
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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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