HB 1399 2003
1	A bill to be entitled
2	An act relating to district school board employees;
3	creating s. 112.1916, F.S.; extending special death
4	benefits to certain district school board employees who
5	provide indirect services to students; providing an
6	effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Section 112.1916, Florida Statutes, is created
11	to read:
12	112.1916 District school board employees; death
13	benefits.--Any other provision of law to the contrary
14	notwithstanding:
15	(1) As used in this section, the term:
16	(a) "Beneficiary" means the person designated by the
17	employee in writing, signed by the employee and delivered to the
18	employer during the employee's lifetime. If a beneficiary is
19	not designated, the beneficiary is the employee's estate.
20	(b) "Duties" means the actual performance of duties
21	required by an employee's employment during his or her regularly
22	scheduled working hours or irregular working hours as required
23	by the employer.
24	(c) "Employee" means an employee of a district school
25	board but does not include independent contractors, personnel
26	employed by another entity who provide services to the district
27	school board pursuant to contract, instructional staff personnel
28	as described in s. 1012.01(2), or school administrators as
29	described in s. 1012.01(3)(c).
30	(d) "Employer" means the district school board.
31	(2) The benefits described in subsection (3) shall be
32	provided when an employee is killed or injured and dies as a
33	result of an unlawful and intentional act, provided that such
34	killing or injury and death is the result of an act of violence
35	inflicted by another person, and provided that such act is
36	inflicted upon the employee while he or she is engaged in the
37	performance of the employee's duties.
38	(3) If an employee dies under the conditions described in
39	subsection (2), benefits shall be provided as follows:
40	(a) The sum of $75,000 shall be paid, whether secured by
41	insurance or not, to the beneficiary. The payment shall be in
42	addition to any other insurance, workers' compensation, or
43	pension benefits or other benefits that employee beneficiaries
44	and dependents are entitled to under state or federal statutes
45	and shall be exempt from the claims and demands of creditors of
46	such employee, pursuant to s. 732.402(2)(d).
47	(b) The sum of $1,000 shall be paid, whether secured by
48	insurance or not, to the beneficiary toward the funeral and
49	burial expenses of such employee. The payment shall be in
50	addition to any workers' compensation or pension benefits or
51	other benefits that employee beneficiaries and dependents are
52	entitled to under state or federal statutes and shall be exempt
53	from the claims and demands of creditors of such employee,
54	pursuant to s. 732.402(2)(d).
55	(c) Payment of the entire health insurance premium for the
56	school district's health insurance plan shall continue for the
57	employee's surviving spouse until remarried, and for each
58	dependent child of the employee until the child reaches the age
59	of majority or until the end of the calendar year in which the
60	child reaches the age of 25 if:
61	1. At the time of the employee's death, the child is
62	dependent upon the employee for support.
63	2. The surviving child continues to be dependent for
64	support, or the surviving child is a full-time or part-time
65	student and is dependent for support.
66
67	The district school board that employed the employee who is
68	killed shall pay the health insurance premiums. The district
69	school board shall report annually to the Department of
70	Education the amount of premiums paid pursuant to this
71	paragraph. The Department of Education shall provide
72	reimbursement to the district for the premium payments.
73	(d) Waiver of certain educational expenses which children
74	of the deceased employee incur while obtaining a vocational-
75	technical certificate or an undergraduate education shall be
76	according to conditions set forth in this paragraph. The amount
77	waived by the state shall be an amount equal to the cost of
78	tuition and matriculation and registration fees for a total of
79	120 credit hours at a university. The child may attend a state
80	vocational-technical school, a state community college, or a
81	state university. The child may attend any or all of the
82	institutions specified in this paragraph, on either a full-time
83	or part-time basis. The benefits provided under this paragraph
84	shall continue to the child until the child's 25th birthday.
85	1. Upon failure of any child benefited by the provisions
86	of this paragraph to comply with the ordinary and minimum
87	requirements of the institution attended, both as to discipline
88	and scholarship, the benefits shall be withdrawn as to the child
89	and no further moneys may be expended for the child's benefits
90	so long as such failure or delinquency continues.
91	2. A student who becomes eligible for benefits under the
92	provisions of this paragraph while enrolled in an institution
93	must be in good standing with the institution to receive the
94	benefits provided herein.
95	3. A child receiving benefits under this paragraph must be
96	enrolled according to the customary rules and requirements of
97	the institution attended.
98	(4) The State Board of Education shall adopt rules and
99	procedures necessary to implement the provisions of this
100	section, pursuant to ss. 120.536(1), 120.54, and 120.541.
101	(5) State funding shall be as provided annually in the
102	General Appropriations Act.
103	Section 2. This act shall take effect July 1, 2003.