Senate Bill sb1484c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1484

    By the Committee on Governmental Oversight and Productivity;
    and Senator Lawson




    302-2146-03

  1                      A bill to be entitled

  2         An act relating to district school board

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

  4         definitions; extending special death benefits

  5         to certain district school board employees;

  6         amending a state funding provision; providing

  7         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)  "Beneficiary" means the person designated by the

18  employee in a writing signed by the employee and delivered to

19  the employer during the employee's lifetime. If a beneficiary

20  is not designated, the beneficiary is the employee's estate.

21         (a)  "Employer" means the district school board.

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

23  as described in s. 1012.01(2).

24         (c)  "School administrator" means any school

25  administrator as described in s. 1012.01(3).

26         (b)(d)  "Teaching "Duties" means the employee's actual

27  performance of duties required by his or her a teacher's

28  employment during his or her regularly scheduled working hours

29  or irregular working hours as required or assigned by the

30  employer.

31  

                                  1

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






    Florida Senate - 2003                           CS for SB 1484
    302-2146-03




 1         (c)  "Employee" means a district school board employee,

 2  but does not include an independent contractor or a person who

 3  is employed by an entity other than the district school board

 4  to provide services to a district school board pursuant to

 5  contract.

 6         (d)  "Employer" means the district school board.

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

 8  performance of duties required by a school administrator's

 9  employment during his or her regularly scheduled working hours

10  or irregular working hours as required or assigned by the

11  employer.

12         (f)  "Beneficiary" means the person designated by the

13  teacher or school administrator in writing, signed by the

14  teacher or school administrator and delivered to the employer

15  during the teacher's or school administrator's lifetime. If a

16  beneficiary is not designated, the beneficiary is the

17  teacher's or school administrator's estate.

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

19  provided when an employee a teacher or school administrator is

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

21  intentional act, provided that such killing or injury and

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

23  person, and provided that:

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

25  school administrator while he or she is engaged in the

26  performance of his or her teaching duties or school

27  administrator duties; or

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

29  in part to the fact that the individual is an employee a

30  teacher or school administrator.

31  

                                  2

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






    Florida Senate - 2003                           CS for SB 1484
    302-2146-03




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

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

 3  provided as follows:

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

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

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

 7  pension benefits or other benefits that the employee's teacher

 8  or school administrator beneficiaries and dependents are

 9  entitled to under state or federal statutes and shall be

10  exempt from the claims and demands of creditors of such

11  employee teacher or school administrator, pursuant to s.

12  732.402(2)(d).

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

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

15  burial expenses of such employee teacher or school

16  administrator. The payment shall be in addition to any

17  workers' compensation or pension benefits or other benefits

18  that the employee's teacher or school administrator

19  beneficiaries and dependents are entitled to under state or

20  federal statutes and shall be exempt from the claims and

21  demands of creditors of such employee teacher or school

22  administrator, pursuant to s. 732.402(2)(d).

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

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

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

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

27  employee teacher or school administrator until the child

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

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

30  

31  

                                  3

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






    Florida Senate - 2003                           CS for SB 1484
    302-2146-03




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

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

 3  employee teacher or school administrator for support; and

 4         2.  The surviving child continues to be dependent for

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

 6  student and is dependent for support.

 7  

 8  The district school board that employed the deceased employee

 9  teacher or school administrator who is killed shall pay the

10  health insurance premiums.  The district school board shall

11  report annually to the Department of Education the amount of

12  premiums paid pursuant to this paragraph.  The Department of

13  Education shall provide reimbursement to the district for the

14  premium payments.

15         (d)  Waiver of certain educational expenses that which

16  children of the deceased employee teacher or school

17  administrator incur while obtaining a vocational-technical

18  certificate or an undergraduate education shall be according

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

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

21  and matriculation and registration fees for a total of 120

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

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

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

25  institutions specified in this paragraph, on either a

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

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

28  25th birthday.

29         1.  Upon failure of any child benefited by the

30  provisions of this paragraph to comply with the ordinary and

31  minimum requirements of the institution attended, both as to

                                  4

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






    Florida Senate - 2003                           CS for SB 1484
    302-2146-03




 1  discipline and scholarship, the benefits shall be withdrawn as

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

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

 4  continues.

 5         2.  A student who becomes eligible for benefits under

 6  the provisions of this paragraph while enrolled in an

 7  institution must be in good standing with the institution to

 8  receive the benefits provided herein.

 9         3.  A child receiving benefits under this paragraph

10  must be enrolled according to the customary rules and

11  requirements of the institution attended.

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

13  procedures necessary to implement the provisions of this

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

15         (5)  State funding shall be as provided annually in the

16  General Appropriations Act.

17         Section 2.  This act shall take effect July 1, 2003.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 1484

21                                 

22  Amends s. 112.1915, F.S., to extend death benefits to
    specified district school board employees, rather than
23  creating a new section of law. Defines two new terms,
    "Employees" and "Duties." Strikes definitions for "teacher"
24  and "school administrator." Makes conforming changes
    throughout section. Provides that funding shall be "as"
25  provided annually in the General Appropriations Act.

26  

27  

28  

29  

30  

31  

                                  5

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