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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to education of dependents of deceased 2
or disabled servicemembers, prisoners of war, and 3
persons missing in action; amending s. 295.01, F.S.; 4
defining the terms "Armed Forces" and "servicemember"; 5
revising eligibility requirements for educational 6
benefits provided by the state to a spouse or 7
dependent child of a deceased or disabled 8
servicemember; amending s. 295.015, F.S.; revising 9
eligibility requirements for educational benefits 10
provided by the state to a dependent child of a 11
prisoner of war or a person missing in action; 12
amending ss. 295.016, 295.017, 295.0185, and 295.0195, 13
F.S.; revising eligibility requirements for 14
educational benefits pro vided by the state to a 15
dependent child of a deceased or disabled 16
servicemember who participated in certain military 17
operations; amending s. 295.02, F.S.; conforming 18
cross-references; providing an effective date. 19
20
Be It Enacted by the Legislature of th e State of Florida: 21
22
Section 1. Section 295.01, Florida Statutes, is amended to 23
read: 24
295.01 Children of deceased or disabled veterans; Spouses 25
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and dependent children of deceased or disabled servicemembers; 26
education.— 27
(1) As used in this section, the terms "Armed Forces" and 28
"servicemember" shall have the same meanings as provided in s. 29
250.01. 30
(2)(a)(1) It is the policy of the state to provide 31
educational opportunity at state expense for a dependent child, 32
as defined in s. 1009.21(1), of a serv icemember who children 33
either of whose parents entered the Armed Forces and : 34
1.(a) Died as a result of service -connected injuries, 35
disease, or disability sustained while on active duty; or 36
2.(b) Has been: 37
a.1. Determined by the United States Departme nt of 38
Veterans Affairs or its predecessor to have a service -connected 39
100-percent total and permanent disability rating for 40
compensation; 41
b.2. Determined to have a service -connected total and 42
permanent disability rating of 100 percent and is in receipt o f 43
disability retirement pay from any branch of the United States 44
Armed Forces Services; or 45
c.3. Issued a valid identification card by the Department 46
of Veterans' Affairs in accordance with s. 295.17 , 47
48
when the parents of such children have been residents of the 49
state for 1 year immediately preceding the death or the 50
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occurrence of such disability, and subject to the rules, 51
restrictions, and limitations set forth in this section . 52
(b) The dependent child of a deceased servicemember is 53
eligible for educatio nal benefits under this section if: 54
1. Immediately preceding the death of the servicemember, 55
Florida was listed as the servicemember's official home of 56
record in the Defense Enrollment Eligibility Reporting System 57
(DEERS) database; or 58
2. The child qualifies as a resident for tuition purposes 59
under s. 1009.21. 60
(c) The dependent child of a disabled servicemember is 61
eligible for educational benefits under this section if: 62
1. Immediately preceding the occurrence of the 63
servicemember's disability, Fl orida was listed as the 64
servicemember's official home of record in the Defense 65
Enrollment Eligibility Reporting System (DEERS) database; or 66
2. The child qualifies as a resident for tuition purposes 67
under s. 1009.21 and the servicemember is a resident of this 68
state. 69
70
All rules, restrictions, and limitations set forth in this 71
section shall apply. 72
(3)(2) It is also the declared policy of the this state to 73
provide educational opportunity at state expense for spouses of 74
deceased or disabled servicemembers. 75
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(a) The unremarried spouse of a deceased servicemember is 76
eligible for educational , as defined in s. 250.01, qualifies for 77
the benefits under this section : 78
1. If the servicemember and his or her spouse had been 79
residents of the state for 1 year immediat ely preceding the 80
servicemember's death and the servicemember's death occurred 81
under the circumstances provided in subsection (1); and 82
2. if the unremarried spouse applies to use the benefit 83
within 5 years after the servicemember's death and: 84
1. Immediately preceding the servicemember's death, 85
Florida was listed as the servicemember's official home of 86
record in the Defense Enrollment Eligibility Reporting System 87
(DEERS) database; or 88
2. The spouse qualifies as a resident for tuition purposes 89
under s. 1009.21. 90
(b) The dependent spouse of a disabled servicemember is 91
eligible for educational , as defined in s. 250.01, qualifies for 92
the benefits under this section : 93
1. if the servicemember and his or her spouse have been 94
married to each other for 1 year ; and: 95
1.2. If the servicemember and his or her spouse have been 96
residents of the state for 1 year Immediately preceding the 97
occurrence of the servicemember's disability , Florida was listed 98
as the servicemember's official home of record in the Defense 99
Enrollment Eligibility Reporting System (DEERS) database; or 100
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2. The spouse qualifies as a resident for tuition purposes 101
under s. 1009.21 and the servicemember is a resident of this 102
state. and the disability meets the criteria set forth in 103
subsection (1); and 104
(c)3. The eligibility for educational benefits under 105
paragraph (b) applies only during the duration of the marriage 106
and up to the point of termination of the marriage by 107
dissolution or annulment. 108
109
All rules, restrictions, and limitations set forth in t his 110
section shall apply. 111
(4)(3) Sections 295.03-295.05 and 1009.40 shall apply. 112
(5)(4) The State Board of Education shall adopt rules for 113
administering this section. 114
(6)(5) A child or spouse of a servicemember may receive 115
benefits under either this s ection or s. 295.061. 116
Section 2. Section 295.015, Florida Statutes, is amended 117
to read: 118
295.015 Children of prisoners of war and persons missing 119
in action; education. — 120
(1) It is hereby declared to be the policy of the state to 121
provide educational o pportunity at state expense for a dependent 122
child of a parent who children either of whose parents has been 123
classified as a prisoner of war or missing in action in the 124
service of the United States Armed Forces of the United States 125
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or in the capacity of civ ilian personnel captured while serving 126
with the consent or authorization of the United States 127
Government. Such educational opportunity shall be provided until 128
such time as the parent so classified is returned alive or the 129
parent's remains are recovered . 130
(2) A dependent child is eligible for educational benefits 131
under this section if: 132
(a) Immediately; provided that, in order to be eligible, 133
the parents of such children must have been residents of the 134
state for 1 year preceding the event that led to the p arent's 135
classification as a prisoner of war or missing in action by the 136
United States Government , Florida was listed as the parent's 137
official home of record in the Defense Enrollment Eligibility 138
Reporting System (DEERS) database; or 139
(b) The child qualifi es as a resident for tuition purposes 140
under s. 1009.21 and the parent is a resident of this state . 141
(3)(2) Sections 295.03-295.05 The provisions of ss. 142
295.03-295.05 and 1009.40 shall apply. 143
Section 3. Section 295.016, Florida Statutes, is amended 144
to read: 145
295.016 Children of servicemembers who died or became 146
disabled in Operation Eagle Claw ; education.— 147
(1) It is the hereby declared to be a policy of the state 148
to provide educational opportunity at state expense for a the 149
dependent child children of a any servicemember who died or 150
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suffered a service-connected 100-percent total and permanent 151
disability rating for compensation as determined by the United 152
States Department of Veterans Affairs, or who has been 153
determined to have a service -connected total and permanent 154
disability rating of 100 percent and is in receipt of disability 155
retirement pay from any branch of the United States Armed Forces 156
Services, while participating in the Iranian rescue mission 157
known as Operation Eagle Claw , which servicemember was residing 158
in the state on April 25, 1980 . 159
(a) A certified copy of a death certificate, a valid 160
identification card issued by the Department of Veterans' 161
Affairs in accordance with s. 295.17, a letter certifying the 162
service-connected 100-percent total and permanent disability 163
rating for compensation from the United States Department of 164
Veterans Affairs, or a letter certifying the service -connected 165
total and permanent disability rating of 100 percent for 166
retirement pay from any branch of the United Stat es Armed Forces 167
is Services shall be prima facie evidence of the fact that the 168
dependent child children of the servicemember is are eligible 169
for educational such benefits. 170
(b) In addition to the requirement provided in paragraph 171
(a), a dependent child is eligible for educational benefits 172
under this section if: 173
1. On April 25, 1980, Florida was listed as the 174
servicemember's official home of record in the Defense 175
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Enrollment Eligibility Reporting System (DEERS) database; or 176
2. The child qualifies as a re sident for tuition purposes 177
under s. 1009.21 and the servicemember, if living, is a resident 178
of this state. 179
(2) Sections 295.03-295.05 The provisions of ss. 295.03 -180
295.05 and 1009.40 shall apply. 181
Section 4. Section 295.017, Florida Statutes, is amen ded 182
to read: 183
295.017 Children of servicemembers who died or became 184
disabled in the Lebanon and Grenada military arenas; education 185
educational opportunity .— 186
(1) It is hereby declared to be the policy of the state to 187
provide educational opportunity at st ate expense for a the 188
dependent child children of a any servicemember who died or 189
suffered a service-connected 100-percent total and permanent 190
disability rating for compensation as determined by the United 191
States Department of Veterans Affairs, or who has been 192
determined to have a service -connected total and permanent 193
disability rating of 100 percent and is in receipt of disability 194
retirement pay from any branch of the United States Armed Forces 195
Services, while participating in a Multinational Peace Keeping 196
Force in Lebanon during the period from September 17, 1982, 197
through February 3, 1984, inclusive, or while participating as a 198
participant in Operation Urgent Fury in Grenada during the 199
period from October 23, 1983, through November 2, 1983, 200
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inclusive, which servicemember was residing in the state during 201
those periods of military action . 202
(a) A certified copy of a death certificate, a valid 203
identification card issued by the Department of Veterans' 204
Affairs in accordance with the provisions of s. 295.17, a letter 205
certifying the service -connected 100-percent total and permanent 206
disability rating for compensation from the United States 207
Department of Veterans Affairs, or a letter certifying the 208
service-connected total and permanent disability rating of 100 209
percent for retirement pay from any branch of the United States 210
Armed Forces is Services shall be prima facie evidence of the 211
fact that the dependent child children of the servicemember is 212
are eligible for educational such benefits. 213
(b) In addition to the requirement provided in paragraph 214
(a), a dependent child is eligible for educational benefits 215
under this section if: 216
1. During either period of military action, Florida was 217
listed as the servicemember's official home of record in the 218
Defense Enrollment E ligibility Reporting System (DEERS) 219
database; or 220
2. The child qualifies as a resident for tuition purposes 221
under s. 1009.21 and the servicemember, if living, is a resident 222
of this state. 223
(2) Sections 295.03-295.05 The provisions of ss. 295.03 -224
295.05 and 1009.40 shall apply. 225
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Section 5. Section 295.0185, Florida Statutes, is amended 226
to read: 227
295.0185 Children of servicemembers who died or became 228
deceased or disabled military personnel who die or become 229
disabled in Operation Enduring Freedom or Opera tion Iraqi 230
Freedom; education educational opportunity .— 231
(1) It is declared to be the policy of the state to 232
provide educational opportunity at state expense for a the 233
dependent child children of a servicemember who died or suffered 234
those military personn el who die or suffer a service-connected 235
100-percent total and permanent disability rating for 236
compensation as determined by the United States Department of 237
Veterans Affairs, or who has been are determined to have a 238
service-connected total and permanent di sability rating of 100 239
percent and is are in receipt of disability retirement pay from 240
any branch of the United States Armed Forces Services, while 241
participating in Operation Enduring Freedom, which began on 242
October 7, 2001, or while participating in Opera tion Iraqi 243
Freedom, which began on March 19, 2003 , if such military 244
personnel have been residents of the state during the period of 245
military action. 246
(a) A certified copy of a death certificate, a valid 247
identification card issued by the Department of Vete rans' 248
Affairs in accordance with the provisions of s. 295.17, a letter 249
certifying the service -connected 100-percent total and permanent 250
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disability rating for compensation from the United States 251
Department of Veterans Affairs, or a letter certifying the 252
service-connected total and permanent disability rating of 100 253
percent for retirement pay from any branch of the United States 254
Armed Forces Services is prima facie evidence that the dependent 255
child children of such servicemember is military personnel are 256
eligible for educational benefits. 257
(b) In addition to the requirement provided in paragraph 258
(a), a dependent child is eligible for educational benefits 259
under this section if: 260
1. During either period of military action, Florida was 261
listed as the servicememb er's official home of record in the 262
Defense Enrollment Eligibility Reporting System (DEERS) 263
database; or 264
2. The dependent child qualifies as a resident for tuition 265
purposes under s. 1009.21 and the servicemember, if living, is a 266
resident of this state. 267
(2) Sections 295.03 -295.05 and 1009.40 shall apply. 268
Section 6. Section 295.0195, Florida Statutes, is amended 269
to read: 270
295.0195 Children of servicemembers deceased or disabled 271
military personnel who died or became disabled in the Mideast 272
Persian Gulf military arena during hostilities with Iraq or in 273
the military action in Panama known as Operation Just Cause ; 274
education.— 275
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(1) It is hereby declared to be the policy of the state to 276
provide educational opportunity at state expense for a the 277
dependent child children of a servicemember those military 278
personnel who died or suffered a service -connected 100-percent 279
total and permanent disability rating for compensation as 280
determined by the United States Department of Veterans Affairs, 281
or who has have been determined to have a service -connected 282
total and permanent disability rating of 100 percent and is are 283
in receipt of disability retirement pay from any branch of the 284
United States Armed Forces, while participating in the Mideast 285
Persian Gulf arena du ring hostilities with Iraq, which began as 286
Operation Desert Shield on August 5, 1990, through cessation of 287
those hostilities, inclusive, or while participating in the 288
military action in Panama known as Operation Just Cause during 289
December 1989, if such military personnel were residents of the 290
state during the period of military action . 291
(a) A certified copy of a death certificate, a valid 292
identification card issued by the Department of Veterans' 293
Affairs in accordance with the provisions of s. 295.17, a letter 294
certifying the service -connected 100-percent total and permanent 295
disability rating for compensation from the United States 296
Department of Veterans Affairs, or a letter certifying the 297
service-connected total and permanent disability rating of 100 298
percent for retirement pay from any branch of the United States 299
Armed Forces is shall be prima facie evidence of the fact that 300
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the dependent child children of such servicemember is military 301
personnel are eligible for educational benefits. 302
(b) In addition to the requirement provided in paragraph 303
(a), a dependent child is eligible for educational benefits 304
under this section if: 305
1. During either period of military action, Florida was 306
listed as the servicemember's official home of record in the 307
Defense Enrollment Eligibility Reporting System (DEERS) 308
database; or 309
2. The child qualifies as a resident for tuition purposes 310
under s. 1009.21 and the servicemember, if living, is a resident 311
of this state. 312
(2) Sections 295.03-295.05 The provisions of ss. 295.03 -313
295.05 and 1009.40 shall apply. 314
Section 7. Subsections (1) and (2) of section 295.02, 315
Florida Statutes, are amended to read: 316
295.02 Use of funds; age, etc. — 317
(1) Sums appropriated and expended to carry out the 318
provisions of s. 295.01(2) s. 295.01(1) may be used to pay 319
tuition and registration fees, board, and room rent and to buy 320
books and supplies for the children of deceased or disabled 321
veterans or servicemembers, as defined and limited in s. 295.01, 322
s. 295.016, s. 295.017, s. 295.018, s. 295.0185, s. 295. 019, or 323
s. 295.0195, or of parents classified as prisoners of war or 324
missing in action, as defined and limited in s. 295.015, who are 325
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between the ages of 16 and 22 years and who are in attendance at 326
an eligible postsecondary education institution as define d in s. 327
295.04. Any child having entered upon a course of training or 328
education under the provisions of this chapter, consisting of a 329
course of not more than 4 years, and arriving at the age of 22 330
years before the completion of such course may continue the 331
course and receive all benefits of the provisions of this 332
chapter until the course is completed. 333
(2) Sums appropriated and expended to carry out the 334
provisions of s. 295.01(3) s. 295.01(2) may be used to pay 335
tuition and registration fees, board, and roo m rent and to buy 336
books and supplies for the spouses of deceased or disabled 337
veterans or servicemembers, as defined and limited in s. 295.01, 338
who are enrolled at an eligible postsecondary education 339
institution as defined in s. 295.04. 340
Section 8. This act shall take effect July 1, 2023. 341