This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0339.LFS
DATE: 2/15/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 339 Education of Dependents of Deceased or Disabled Servicemembers, Prisoners of
War, and Persons Missing in Action
SPONSOR(S): Yarkosky
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Burgess Darden
2) Higher Education Appropriations Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Florida provides educational opportunity for those dependent children whose parent entered the Armed Forces
and died as a result of service-connected injuries, disease, or disability sustained while on active duty.
Disability determinations are made by the United States Department of Veterans Affairs enabling certain
qualifying servicemembers to receive, among other benefits, an identification card from the Florida Department
of Veterans’ Affairs (FDVA).
Qualified children and spouses of servicemembers may apply for the Children and Spouses of Deceased or
Disabled Veterans (CSDDV) state scholarship program. FDVA determines eligibility for the CSDDV and the
Florida Department of Education (FDOE) disburses the funds.
The bill revises the use of several terms related to educational programs for spouses and dependent children of
servicemembers who died or were disabled as a result of their service. The bill replaces the specific requirement
for one-year residency for the CSDDV scholarship program, and replaces it with verifying eligibility using the
Defense Enrollment Eligibility Reporting System (DEERS) or requiring the child or spouse to qualify as a resident
for tuition purposes. The bill also makes similar conforming changes to provisions concerning dependent children
of prisoners of war, persons missing in action, or who died or were disabled during certain military operations.
STORAGE NAME: h0339.LFS PAGE: 2
DATE: 2/15/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
State Veteran Education Benefits
Florida provides educational opportunity at the state’s expense for spouses and dependent children of
servicemembers who either die or are disabled as a result of service-connected injuries, disease, or
disability sustained while on active duty.
1
To qualify, the servicemember must have been a resident of
the state for one year immediately preceding the death or the occurrence of the qualifying disability.
2
Establishing a qualifying disability requires showing the servicemember was:
Determined by the United States Department of Veterans Affairs (VA) or its predecessor to
have a service-connected 100-percent total and permanent disability rating for compensation;
Determined to have a service-connected total and permanent disability rating of 100 percent
and is in receipt of disability retirement pay from any branch of the United States Armed
Services; or
Issued a valid identification card by the Florida Department of Veterans’ Affairs (FDVA).
3
In addition to these requirements, the spouse of a servicemember must have also been a resident of
the state for one year immediately preceding the death or occurrence of the qualifying disability. If the
spouse claims the benefit on the basis of a deceased servicemember, the spouse be unmarried at the
time of claiming the benefit and make the claim within five years of the servicemember’s death. If the
spouse claims the benefit on the basis of a disabled servicemember, the spouse and the
servicemember must have been married for at least one year prior to the occurrence of the qualifying
disability. The spouse is eligible for the benefit only if the marriage has not been terminated by
dissolution or annulment.
4
Florida provides educational benefits to dependent children of prisoners of war, persons missing in
action, or who died or were disabled during certain military operations.
5
To be eligible, the
servicemember parent must have been a resident of the state for one year preceding the event that led
to the parent’s classification as a prisoner of war or missing in action by the United States Government
or during certain date rates for those who died or were disabled during certain military operations or
incidents.
6
Qualified children and spouses of servicemembers may access these benefits through applying for the
Children and Spouses of Deceased or Disabled Veterans (CSDDV) state scholarship program. FDVA
determines eligibility for the CSDDV and the Florida Department of Education (FDOE) determines the
funds disbursements. For a veteran’s dependents to be eligible for the CSDDV scholarship, the veteran
must have been a Florida resident 12 months immediately preceding the disability award date.
7
Last
1
S. 295.01, F.S.
2
S. 295.01(1), F.S.
3
S. 295.01(1)(b), F.S. FDVA issues identification cards to veterans who are residents of the state and S. 295.17, F.S.
4
S. 295.01(2)(b), F.S.
5
S. 290.015, F.S. (prisoners of war and persons missing in action) and ss. 295.016-295.0195, F.S. (providing benefits for children of
servicemembers who died or were disabled in six different military operations).
6
S. 295.015(1), F.S.
7
To illustrate, if the veteran is awarded 100% permanent and total disability with an eligibility date of January 15, 2020, the veteran is
required to be a Florida resident from January 15, 2019 through January 15, 2020. Veterans cannot receive disability starting January
15, 2020 and wait a year to claim Florida residency for the purpose of the CSDDV scholarship. Residency must be obtained prior to the
disability award. FDVA, Children and Spouses of Deceased or Disabled Veterans (CSDDV) Scholarship Program – Academic Year
2021-22, available at https://floridavets.org/wp-content/uploads/2020/11/FDVA-CSDDV-Slides-004.pdf (last visited February 9, 2023). STORAGE NAME: h0339.LFS PAGE: 3
DATE: 2/15/2023
year, $11,454,532.22 in scholarship funds were disbursed for children and spouses qualified to receive
funding.
8
Defense Enrollment Eligibility Reporting System
The Defense Enrollment Eligibility Reporting System (DEERS) serves as the centralized database
housing personnel and medical information for the Department of Defense (DoD).
9
The DEERS
database contains detailed personnel eligibility information for benefits and entitlements distribution to
Uniformed Services
10
members, U.S. sponsored Foreign Military members, DoD and Uniformed
Services civilians, other personnel as directed by the DoD, and their eligible family members. Key
information DEERS captures about the sponsor and family is divided into five major categories:
11
Personal (social security number, date of birth, sex, marital status)
Personnel (organization, pay grade, occupation)
Service-Related (Service, unit identification code)
Benefits (eligibility status, including medical, dental and the Montgomery GI Bill education
benefits for Active Duty, Guard/Reserve, retired and separated Service members)
Geographic (State, ZIP code, address)
Active duty and retired servicemembers are automatically registered in DEERS, but they must register
their family members and ensure the information is correct. Once registered in DEERS,
servicemembers must keep information updated as personal eligibility information changes. This
includes addresses and family status (marriage, divorce, birth, adoption, etc.). To grant access to
DEERS records, an authorization form must be completed.
Effect of Proposed Changes
The bill revises the use of several terms relating to educational programs for spouses and dependent
children of servicemembers who died or were disabled as a result of their service. For consistency, the
bill defines the term “servicemember” as, “a person serving as a member of the United States Armed
Forces on active duty or state active duty and all members of the Florida National Guard and United
States Reserve Forces,” proposes conforming language with the use of the term “servicemember” in
lieu of “military personnel,” and replaces the phrase “Armed Forces” in lieu of “Armed Services.” The bill
clarifies the definition of “dependent child” for the purpose of the scholarship program is the same as
the definition of a dependent child for tuition purposes.
12
The bill replaces the specific one-year residence eligibility requirement with two methods to prove
residency, by showing either:
Immediately preceding the occurrence of the servicemember's death or disability, Florida was
listed as the servicemember's official home of record in the Defense Enrollment Eligibility
Reporting System (DEERS) database; or
The child or spouse qualifies as a resident for tuition purposes under s. 1009.21, F.S. and the
servicemember is a resident of this state.
The bill makes similar conforming changes to provisions concerning dependent children of prisoners of
war, persons missing in action, or who died or were disabled during certain military operations.
8
The Office of Student Financial Assistance, CSDDV End-of-Year Report, available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/CSDDV_2021_2022.pdf (last visited February 8, 2023).
9
Department of Defense, TRICARE Systems Manual 7950, 4-M, Chapter 3, April 6, 2021 (Updated with Revisions through December
5, 2022), available at https://manuals.health.mil/ (last visited on February 7, 2023).
10
The eight Uniformed Services are: Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Public Health Service, and the
National Oceanic and Atmospheric Administration Commissioned Corps, as well as the National Guard and Reserve components of
those services. See id.
11
Defense Manpower Data Center, About DEERS, available at https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-
About_DEERS (last visited February 7, 2023).
12
Current law defines a “resident for tuition purposes” as a student or, if the student is a dependent, their parent or parents, who must
have established legal residence in this state and must have maintained legal residence in this state for at least 12 consecutive months
immediately prior to enrolling in a postsecondary institution. Each postsecondary institution is required to determine whether an
applicant meets the residency requirements at the time of initial enrollment. S. 1009.21(2)(a), (3)(c), F.S. STORAGE NAME: h0339.LFS PAGE: 4
DATE: 2/15/2023
B. SECTION DIRECTORY:
Section 1: Amends s. 295.01, F.S., revising eligibility requirements for educational benefits the
state provides to a spouse or dependent child of a deceased or disabled
servicemember.
Section 2: Amends s. 295.015, F.S., revising eligibility requirements for educational benefits the
state provides to a dependent child of a prisoner of war or a person missing in action.
Section 3: Amends s. 295.016, F.S., revising eligibility requirements for educational benefits the
state provides to a dependent child of a deceased or disabled servicemember who
participated in Operation Eagle Claw.
Section 4: Amends s. 295.017, F.S., revising eligibility requirements for educational benefits the
state provides to a dependent child of a deceased or disabled servicemember who
participated in the Lebanon and Grenada military operations.
Section 5: Amends s. 295.0185, F.S., revising eligibility requirements for educational benefits the
state provides to a dependent child of a deceased or disabled servicemember who
participated in Operation Enduring Freedom or Operation Iraqi Freedom.
Section 6: Amends s. 295.0195, F.S., revising eligibility requirements for educational benefits the
state provides to a dependent child of a deceased or disabled servicemember who
participated in the Mideast Persian Gulf military operations or in the military action in
Panama known as Operation Just Cause.
Section 7: Amends 295.02, F.S., conforms cross-references.
Section 8: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None. STORAGE NAME: h0339.LFS PAGE: 5
DATE: 2/15/2023
D. FISCAL COMMENTS:
On August 11, 2022, the Revenue Estimating Conference projected there will be 208 CSDDV
scholarship recipients utilizing the program and estimated the total funding needed for the 2023-24
fiscal year to be $14.4 million. To the extent the provisions of the bill expand eligibility for the program,
additional funding may be required.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The definition of servicemember in the bill is the same definition found in s. 250.01, F.S.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES