The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/HB 339
INTRODUCER: Local Administration, Federal Affairs & Special Districts Subcommittee and
Representative Yarkosky and others
SUBJECT: Education of Dependents of Deceased or Disabled Servicemembers, Prisoners of War,
and Persons Missing in Action
DATE: April 24, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Yeatman FP Pre-meeting
I. Summary:
CS/HB 339 changes a requirement for qualification of certain educational benefits provided to a
dependent child or spouse of a disabled or deceased servicemember through the
Children/Spouses of Deceased or Disabled Veterans scholarship program (CSDDV) and expands
availability of this benefit to include spouses and dependent children of a member of the Florida
National Guard or the United States Reserve Forces.
The bill removes the requirement of a 1-year residency and substitutes other factors, which
include Florida being listed as the servicemember’s official home of record in the Defense
Enrollment Eligibility Reporting System (DEERS) database immediately preceding the death or
disability of the servicemember, or that the child or spouse qualifies as a resident for tuition
purposes (RFTP). Qualifying as a RFTP means that the child or spouse is a dependent for
purposes of tax filings as is the basis for RFTP.
The bill may have an indeterminate negative fiscal impact to the Department of Education
(DOE) should the number of applicants to the CSDDV increase. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Residency for Tuition Purposes
Students are classified as residents or nonresidents for the purpose of assessing tuition in
postsecondary educational programs at charter technical career centers or career centers operated
by school districts, Florida College System institutions, and state universities.
1
1
Section 1009.21(1), F.S.
REVISED: BILL: CS/HB 339 Page 2
A dependent child is a person, whether or not living with a parent, who is eligible to be claimed
by a parent as a dependent under the federal income tax code.
2
Educational Benefits to Dependent Children and Spouses of Servicemembers
The CSDDV provides a higher education benefit to a qualifying child or spouse of a member of
the Armed Forces.
3
As defined in the CSDDV, a member of the Armed Forces means a member
of the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
4
If a dependent child or a spouse of a servicemember of the Armed Forces is enrolled at a public
institution, and qualifies, the child is eligible for full payment of tuition and registration fees.
5
CSDDV recipients may also use the award for room and board, and books and supplies.
6
If the
dependent is enrolled at a private qualifying institution, the award is based on the average of the
cost required at a public institution for tuition and registration fees.
7
A dependent enrolled part
time shall receive a reduced award by either one-half or three-fourths of the maximum award,
depending on the level of fees assessed.
8
The DOE must, if funds are insufficient to award all
eligible applicants, prorate awards.
9
In addition, the DOE must notify students and institutions of the student’s award eligibility.
10
Contingent upon funding through the General Appropriations Act, the award is available to:
Children or spouses of deceased or severely disabled veterans or servicemembers if the
child’s parents have been residents of the state for 1 year immediately preceding the death or
disability of the servicemember;
11
Children of prisoners of war or persons missing in action if the child’s parents had been
residents of the state for 1 year;
12
Children of servicemembers who died or became disabled in Operation Eagle Claw
13
Children of servicemembers who died or became disabled in the Lebanon and Grenada
military arenas;
14
Children of servicemembers who died in the Newfoundland air tragedy;
15
2
Section 1009.21(1)(a), F.S.
3
Florida Dep’t of Veterans Affairs, Children and Spouses of Deceased or Disabled Veterans (CSDDV) Scholarship
Program, PowerPoint, available at https://floridavets.org/wp-content/uploads/2020/11/FDVA-CSDDV-Slides-004.pdf (last
visited April 24, 2023).
4
Section 250.01(4), F.S.
5
Section 295.04(3)(a), F.S.
6
Section 295.02(1), F.S.
7
Section 295.04(3)b), F.S.
8
Fla. Admin Code R 6A-20.019(6) (2008), available at https://www.flrules.org/gateway/ruleno.asp?id=6A-
20.019&Section=0 (last visited Mar. 24, 2023).
9
Id.
10
Id.
11
Section 295.01, F.S.; ch. 20966, s. 1, Laws of Fla.
12
Section 295.015, F.S.; ch. 72-346, s. 2, Laws of Fla.
13
Section 295.016, F.S.; ch. 81-275, s. 1, Laws of Fla.
14
Section 295.017, F.S.; ch. 86-177, s. 1, Laws of Fla.
15
Section 295.018, F.S.; ch. 86-177, s. 2, Laws of Fla. BILL: CS/HB 339 Page 3
Children of deceased or disabled military personnel who died or became disabled in
Operation Enduring Freedom or Operation Iraqi Freedom;
16
Children of servicemembers who died in U.S.S. Stark Attack;
17
and
Children of servicemembers who died or became disabled in the Mideast Persian Gulf
military arena during hostilities with Iraq or in the military action in Panama known as
Operation Just Cause.
18
CSDDV Historical Participation and Funding
Fiscal Year Participants Total Disbursed
(millions)
2020-21 2,301 $ 9.6
19
2021-22 2,756 $ 11.4
20
2022-23 3,376 $ 13.5
21
2023-24 (Estimate) 3,897
22
To Be Determined
Defense Enrollment Eligibility Reporting System
The DEERS database, maintained by the United States Department of Defense (DoD) provides
personal information on each active duty or former servicemember, a member of a reserve
component, a DoD contractor, or a person otherwise connected to the military and their family
members.
23
Information maintained on DEERS includes name, gender, date of birth, social
security number, names of family members, and official home of record.
24
The ability to change your home of record in DEERS is very limited. In most cases, individuals
will not be allowed to change their home of record. However, a change is allowed if:
The home of record was originally recorded incorrectly; or
16
Section 295.0185, F.S.; ch. 2002-279, s.1, Laws of Fla.
17
Section 295.019, F.S.; ch. 88-290, s. 32, Laws of Fla.
18
Section 295.0195, F.S.; ch. 91-166, s. 2, Laws of Fla.
19
Florida Dep’t of Education, Office of Student Financial Assistance, End of Year Report 2020-21, Scholarships for
Children/Spouses of Deceased or Disabled Veterans (CSDDV), available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/CSDDV_2020_2021.pdf (last visited April 24, 2023).
20
Florida Dep’t of Education, Office of Student Financial Assistance, End of Year Report 2021-22, Scholarships for
Children/Spouses of Deceased or Disabled Veterans (CSDDV), available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/CSDDV_2021_2022.pdf (last visited April 24, 2023).
21
Office of Economic and Demographic Research, Florida Legislature, Education Estimating Conference on Student
Financial Aid, Executive Summary (Feb. 17, 2023), available at
http://edr.state.fl.us/Content/conferences/financialaid/ExecSummary.pdf (last visited April 24, 2023). Line 66, 2022-2023
GAA.
22
Office of Economic and Demographic Research, Florida Legislature, Education Estimating Conference on Student
Financial Aid, Executive Summary (Feb. 17, 2023), available at
http://edr.state.fl.us/Content/conferences/financialaid/ExecSummary.pdf (last visited April 24, 2023).
23
Dep’t of Defense, Defense Manpower Data Center, About DEERS, available at
https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-About_DEERS (last visited April 24, 2023).
24
Dep’t of Defense, Defense Manpower Data Center, Updating and Correcting DEERS Data, available at
https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-Updating_and_Correcting_DEERS_Data (last visited April
24, 2023). BILL: CS/HB 339 Page 4
A servicemember is reinstated, reappointed, or reenlisted if there is a break in service of
more than 1 full day.
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If the home of record was originally recorded incorrectly, a change can be authorized. The
individual must provide supporting documentation to justify the change, and in every case the
burden is on the individual to justify a change to the home of record to file.
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State of Legal Residence vs. Home of Record
A servicemember's home of record in DEERS is the place from which he or she entered the
military. It is not necessarily where the servicemember says he or she is from. For example, if a
servicemember is from Maryland, but went to college in Florida and entered the military in
Florida, then Florida would be the home of record. Home of records don't change unless
information was entered incorrectly, or a servicemember leaves the military and then rejoins with
a break in service. Homes of record are used for certain travel allowances, particularly when
leaving military service.
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A state of legal residence, or domicile or legal domicile, is the place where the servicemember
thinks of as home, the state where he or she intends to live after leaving the military. A state of
legal residence may change throughout a servicemember’s life.
III. 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. In addition, the bill changes a requirement for qualification
of certain educational benefits provided to a dependent child or spouse of a disabled or deceased
servicemember through the CSDDV scholarship program and expands availability of this benefit
to include family of a member of the Florida National Guard or the United States Reserve
Forces.
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.
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.
25
7
th
Army Training Command, 7th Army Training Command Legal Assistance Information – Home of Record Change,
available at https://www.7atc.army.mil/Portals/17/Documents/SJA/Home_of_Record_Change_NEW.pdf (last visited April
24, 2023).
26
Id.
27
Military.com, Residence vs. Home of Record, available at https://www.military.com/paycheck-
chronicles/2015/02/27/residence-vs-home-record (last visited April 24, 2023). BILL: CS/HB 339 Page 5
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 the
military operations of Operation Eagle Claw, Operation Urgent Fury, Operation Enduring
Freedom, Operation Iraqi Freedom, Operation Desert Shield, or Operation Just Cause.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. This bill does not appear to affect county or municipal governments.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
By expanding CSDDV eligibility, the bill will provide qualifying students increased
access to postsecondary education opportunities at reduced costs.
C. Government Sector Impact:
The bill has an indeterminate fiscal impact. On February 17, 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, which is an increase of
recipients by 15.7 percent. To the extent the provisions of the bill expand eligibility for BILL: CS/HB 339 Page 6
the program, additional funding may be required, or, if insufficient, the Department of
Education will have to prorate awards.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 295.01, 295.015,
295.016, 295.017, 295.0185, 295.0195, and 295.02.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
28
Office of Economic and Demographic Research, Florida Legislature, Education Estimating Conference on Student
Financial Aid, Executive Summary (Feb. 17, 2023), available at
http://edr.state.fl.us/Content/conferences/financialaid/ExecSummary.pdf (last visited April 24, 2023). The proration of
awards is specified in administrative rule. Fla. Admin Code R 6A-20.019(7) (2008), available at
https://www.flrules.org/gateway/ruleno.asp?id=6A-20.019&Section=0 (last visited April 24, 2023).