House Bill hb0265

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




    Florida House of Representatives - 2002                 HB 265

        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 certain district school board employees and

  6         certain noninstructional personnel who provide

  7         indirect services to students, in addition to

  8         teachers and school administrators; providing

  9         an exception to the act; providing an effective

10         date.

11

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

13

14         Section 1.  Section 112.1915, Florida Statutes, is

15  amended to read:

16         112.1915  District school board employees excluding

17  certain noncertified noninstructional personnel and contract

18  workers Teachers and school administrators; death

19  benefits.--Any other provision of law to the contrary

20  notwithstanding:

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

22         (a)  "Employee" means a secretary, cafeteria worker,

23  janitor, school bus driver, or other employee of a district

24  school board but does not include a noncertified

25  noninstructional employee or a contract worker.

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

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

28  as described in s. 228.041(9).

29         (c)  "School administrator" means any school

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

31

                                  1

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






    Florida House of Representatives - 2002                 HB 265

    791-107A-02






  1         (c)(d)  "Teaching Duties" means the actual performance

  2  of duties required by an employee's a teacher's employment

  3  during his or her regularly scheduled working hours or

  4  irregular working hours as required or assigned by the

  5  employer.

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

  7  performance of duties required by a school administrator's

  8  employment during his or her regularly scheduled working hours

  9  or irregular working hours as required or assigned by the

10  employer.

11         (d)(f)  "Beneficiary" means the person designated by

12  the employee teacher or school administrator in writing,

13  signed by the employee teacher or school administrator and

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

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

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

17  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 the employee's 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 of the

30  district school board a teacher or school administrator.

31

                                  2

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






    Florida House of Representatives - 2002                 HB 265

    791-107A-02






  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 employee teacher or

  8  school administrator beneficiaries and dependents are entitled

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

10  the claims and demands of creditors of such employee teacher

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

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

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

14  burial expenses of such employee teacher or school

15  administrator. The payment shall be in addition to any

16  workers' compensation or pension benefits or other benefits

17  that employee teacher or school administrator beneficiaries

18  and dependents are entitled to under state or federal statutes

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

20  of such employee teacher or school administrator, pursuant to

21  s. 732.402(2)(d).

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

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

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

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

26  employee teacher or school administrator until the child

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

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

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

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

31  employee teacher or school administrator for support; and

                                  3

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






    Florida House of Representatives - 2002                 HB 265

    791-107A-02






  1         2.  The surviving child continues to be dependent for

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

  3  student and is dependent for support.

  4

  5  The district school board that employed the employee teacher

  6  or school administrator who is killed shall pay the health

  7  insurance premiums.  The district school board shall report

  8  annually to the Department of Education the amount of premiums

  9  paid pursuant to this paragraph.  The Department of Education

10  shall provide reimbursement to the district for the premium

11  payments.

12         (d)  Waiver of certain educational expenses which

13  children of the deceased employee teacher or school

14  administrator incur while obtaining a vocational-technical

15  certificate or an undergraduate education shall be according

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

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

18  and matriculation and registration fees for a total of 120

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

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

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

22  institutions specified in this paragraph, on either a

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

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

25  25th birthday.

26         1.  Upon failure of any child benefited by the

27  provisions of this paragraph to comply with the ordinary and

28  minimum requirements of the institution attended, both as to

29  discipline and scholarship, the benefits shall be withdrawn as

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

31

                                  4

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






    Florida House of Representatives - 2002                 HB 265

    791-107A-02






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

  2  continues.

  3         2.  A student who becomes eligible for benefits under

  4  the provisions of this paragraph while enrolled in an

  5  institution must be in good standing with the institution to

  6  receive the benefits provided herein.

  7         3.  A child receiving benefits under this paragraph

  8  must be enrolled according to the customary rules and

  9  requirements of the institution attended.

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

11  procedures necessary to implement the provisions of this

12  section, pursuant to ss. 120.536(1), and 120.54, and 120.541.

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

14  General Appropriations Act.

15         (6)  The provisions of this section shall not apply

16  with respect to any act of terrorism.

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

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Extends the benefits of the Barry Grunow Act to specified
22    district school board employees rather than just teachers
      and school administrators. See bill for details.
23

24

25

26

27

28

29

30

31

                                  5

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