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:
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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)  "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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    Florida House of Representatives - 2002                  HB 47
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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.
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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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    Florida House of Representatives - 2002                  HB 47
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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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    Florida House of Representatives - 2002                  HB 47
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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.
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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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