This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0339e.SAC
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 339 Education of Dependents of Deceased or Disabled Servicemembers, Prisoners of
War, and Persons Missing in Action
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Yarkosky
TIED BILLS: IDEN./SIM. BILLS: SB 550
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
17 Y, 0 N, As CS Burgess Darden
2) Higher Education Appropriations Subcommittee 13 Y, 0 N Peters Smith
3) State Affairs Committee 17 Y, 0 N Burgess Williamson
SUMMARY ANALYSIS
Florida provides educational opportunities for spouses and dependent children of servicemembers who die or
are disabled as a result of service-connected injuries, disease, or disability sustained while on active duty. 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.
Qualified children and spouses of servicemembers may access these benefits by applying for the Children and
Spouses of Deceased or Disabled Veterans (CSDDV) state scholarship program. The Florida Department of
Veterans’ Affairs determines eligibility for the CSDDV and the Florida Department of Education disburses the
funds.
The bill defines the terms “Armed Forces,” “dependent child,” and “servicemember” to ensure the terms are
consistent for purposes of the educational programs for spouses and dependent children of servicemembers
who died or were disabled as a result of their service. The bill replaces the one-year residency requirement for
the CSDDV scholarship program with two methods to prove eligibility by using either the Defense Enrollment
Eligibility Reporting System 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 persons who died or were disabled during certain military operations.
The bill has an indeterminate fiscal impact on state government but does not appear to have a fiscal impact on
local governments.
STORAGE NAME: h0339e.SAC PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
State Veteran Education Benefits
Florida provides educational opportunities 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 U.S. 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 must 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 federal government or
during certain date ranges 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 determines the funds
disbursements. The CSDDV recipients may use the award to cover tuition and registration fees, board
and room rent, as well as books and supplies.
7
For a veteran’s dependents to be eligible for the
CSDDV scholarship, the veteran must have been a Florida resident for 12 months immediately
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.
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
S. 295.02, F.S. STORAGE NAME: h0339e.SAC PAGE: 3
DATE: 3/23/2023
preceding the disability award date.
8
In Fiscal Year (FY) 2021-2022, $11,454,532 was disbursed to
2,756 CSDDV-qualified students, with an average award amount of $4,156.
9
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).
10
The DEERS
database contains detailed personnel eligibility information for benefits and entitlements distribution to
uniformed services
11
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 servicemember (also known as the sponsor in DEERS) and his or her
family is divided into five major categories:
12
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); and
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 defines the terms “Armed Forces” and “servicemember” by cross-referencing the definition
provided in s. 250.01, F.S., and ensures these terms are used consistently throughout the sections of
law pertaining to the education benefits for spouses and dependent children of servicemembers who
die or are disabled as a result of service-connected injuries, disease, or disability sustained while on
active duty. The bill clarifies that 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.
13
The bill replaces the one-year residency 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 DEERS; 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.
8
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 Mar. 15, 2023).
9
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 Mar. 15, 2023).
10
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 Mar. 15, 2023).
11
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.
12
Defense Manpower Data Center, About DEERS, available at https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-
About_DEERS (last visited Mar. 15, 2023).
13
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) and (3)(c), F.S. STORAGE NAME: h0339e.SAC PAGE: 4
DATE: 3/23/2023
The bill makes similar conforming changes to provisions concerning dependent children of prisoners of
war, persons missing in action, or persons who died or were disabled during certain military operations.
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:
By expanding CSDDV eligibility, the bill will provide qualifying students increased access to
postsecondary education opportunities at reduced costs.
STORAGE NAME: h0339e.SAC PAGE: 5
DATE: 3/23/2023
D. FISCAL COMMENTS:
The bill has an indeterminate fiscal impact. On February 22, 2023, the Education Estimating
Conference on Student Financial Aid projected there will be 3,897 CSDDV scholarship recipients
utilizing the program in FY 2023-2024, at an estimated total cost of $16.7 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 affect county or municipal governments.
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:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 22, 2023, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The amendment revised a definition by
cross-referencing the definition of “Armed Forces” and “servicemember” with the definitions provided in s.
250.01, F.S.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs &
Special Districts Subcommittee.