Senate Bill sb1484c1
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Florida Senate - 2003 CS for SB 1484
By the Committee on Governmental Oversight and Productivity;
and Senator Lawson
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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.
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9 Be It Enacted by the Legislature of the State of Florida:
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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.
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Florida Senate - 2003 CS for SB 1484
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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.
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Florida Senate - 2003 CS for SB 1484
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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:
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Florida Senate - 2003 CS for SB 1484
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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.
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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
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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.
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19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 1484
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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.
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