House Bill hb0047

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    Florida House of Representatives - 2002                  HB 47

        By Representative Richardson






  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 all district school board employees rather

  6         than just to teachers and school

  7         administrators; providing an effective date.

  8

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

10

11         Section 1.  Section 112.1915, Florida Statutes, is

12  amended to read:

13         112.1915  District school board employees Teachers and

14  school administrators; death benefits.--Any other provision of

15  law to the contrary notwithstanding:

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

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

18  board.

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

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

21  as described in s. 228.041(9).

22         (c)  "School administrator" means any school

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

24         (d)  "Teaching duties" means the actual performance of

25  duties required by a teacher's employment during his or her

26  regularly scheduled working hours or irregular working hours

27  as required or assigned by the employer.

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

29  performance of duties required by a school administrator's

30  employment during his or her regularly scheduled working hours

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  1  or irregular working hours as required or assigned by the

  2  employer.

  3         (c)(f)  "Beneficiary" means the person designated by

  4  the employee teacher or school administrator in writing,

  5  signed by the employee teacher or school administrator and

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

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

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

  9  school administrator's estate.

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

11  provided when an employee a teacher or school administrator is

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

13  intentional act, provided that such killing or injury and

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

15  person, and provided that:

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

17  school administrator while he or she is engaged in the

18  performance of the employee's teaching duties or school

19  administrator duties; or

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

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

22  district school board a teacher or school administrator.

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

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

25  provided as follows:

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

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

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

29  pension benefits or other benefits that employee teacher or

30  school administrator beneficiaries and dependents are entitled

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

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    Florida House of Representatives - 2002                  HB 47

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  1  the claims and demands of creditors of such employee teacher

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

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

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

  5  burial expenses of such employee teacher or school

  6  administrator. The payment shall be in addition to any

  7  workers' compensation or pension benefits or other benefits

  8  that employee teacher or school administrator beneficiaries

  9  and dependents are entitled to under state or federal statutes

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

11  of such employee teacher or school administrator, pursuant to

12  s. 732.402(2)(d).

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

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

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

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

17  employee teacher or school administrator until the child

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

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

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

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

22  employee teacher or school administrator for support; and

23         2.  The surviving child continues to be dependent for

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

25  student and is dependent for support.

26

27  The district school board that employed the employee teacher

28  or school administrator who is killed shall pay the health

29  insurance premiums.  The district school board shall report

30  annually to the Department of Education the amount of premiums

31  paid pursuant to this paragraph.  The Department of Education

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  1  shall provide reimbursement to the district for the premium

  2  payments.

  3         (d)  Waiver of certain educational expenses which

  4  children of the deceased employee teacher or school

  5  administrator incur while obtaining a vocational-technical

  6  certificate or an undergraduate education shall be according

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

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

  9  and matriculation and registration fees for a total of 120

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

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

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

13  institutions specified in this paragraph, on either a

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

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

16  25th birthday.

17         1.  Upon failure of any child benefited by the

18  provisions of this paragraph to comply with the ordinary and

19  minimum requirements of the institution attended, both as to

20  discipline and scholarship, the benefits shall be withdrawn as

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

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

23  continues.

24         2.  A student who becomes eligible for benefits under

25  the provisions of this paragraph while enrolled in an

26  institution must be in good standing with the institution to

27  receive the benefits provided herein.

28         3.  A child receiving benefits under this paragraph

29  must be enrolled according to the customary rules and

30  requirements of the institution attended.

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

  2  procedures necessary to implement the provisions of this

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

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

  5  General Appropriations Act.

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

  7

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  9                          HOUSE SUMMARY

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      Extends the benefits of the Barry Grunow Act to all
11    district school board employees rather than just teachers
      and school administrators. See bill for details.
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