FL
Florida House Bill H0339

Florida 2023 Regular Session

Florida House Bill H0339 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to education of dependents of deceased 2
1616 or disabled servicemembers, prisoners of war, and 3
1717 persons missing in action; amending s. 295.01, F.S.; 4
1818 defining the terms "Armed Forces" and "servicemember"; 5
1919 revising eligibility requirements for educational 6
2020 benefits provided by the state to a spouse or 7
2121 dependent child of a deceased or disabled 8
2222 servicemember; amending s. 295.015, F.S.; revising 9
2323 eligibility requirements for educational benefits 10
2424 provided by the state to a dependent child of a 11
2525 prisoner of war or a person missing in action; 12
2626 amending ss. 295.016, 295.017, 295.0185, and 295.0195, 13
2727 F.S.; revising eligibility requirements for 14
2828 educational benefits pro vided by the state to a 15
2929 dependent child of a deceased or disabled 16
3030 servicemember who participated in certain military 17
3131 operations; amending s. 295.02, F.S.; conforming 18
3232 cross-references; providing an effective date. 19
3333 20
3434 Be It Enacted by the Legislature of th e State of Florida: 21
3535 22
3636 Section 1. Section 295.01, Florida Statutes, is amended to 23
3737 read: 24
3838 295.01 Children of deceased or disabled veterans; Spouses 25
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4747 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
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5151 and dependent children of deceased or disabled servicemembers; 26
5252 education.— 27
5353 (1) As used in this section, the terms "Armed Forces" and 28
5454 "servicemember" shall have the same meanings as provided in s. 29
5555 250.01. 30
5656 (2)(a)(1) It is the policy of the state to provide 31
5757 educational opportunity at state expense for a dependent child, 32
5858 as defined in s. 1009.21(1), of a serv icemember who children 33
5959 either of whose parents entered the Armed Forces and : 34
6060 1.(a) Died as a result of service -connected injuries, 35
6161 disease, or disability sustained while on active duty; or 36
6262 2.(b) Has been: 37
6363 a.1. Determined by the United States Departme nt of 38
6464 Veterans Affairs or its predecessor to have a service -connected 39
6565 100-percent total and permanent disability rating for 40
6666 compensation; 41
6767 b.2. Determined to have a service -connected total and 42
6868 permanent disability rating of 100 percent and is in receipt o f 43
6969 disability retirement pay from any branch of the United States 44
7070 Armed Forces Services; or 45
7171 c.3. Issued a valid identification card by the Department 46
7272 of Veterans' Affairs in accordance with s. 295.17 , 47
7373 48
7474 when the parents of such children have been residents of the 49
7575 state for 1 year immediately preceding the death or the 50
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8484 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
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8888 occurrence of such disability, and subject to the rules, 51
8989 restrictions, and limitations set forth in this section . 52
9090 (b) The dependent child of a deceased servicemember is 53
9191 eligible for educatio nal benefits under this section if: 54
9292 1. Immediately preceding the death of the servicemember, 55
9393 Florida was listed as the servicemember's official home of 56
9494 record in the Defense Enrollment Eligibility Reporting System 57
9595 (DEERS) database; or 58
9696 2. The child qualifies as a resident for tuition purposes 59
9797 under s. 1009.21. 60
9898 (c) The dependent child of a disabled servicemember is 61
9999 eligible for educational benefits under this section if: 62
100100 1. Immediately preceding the occurrence of the 63
101101 servicemember's disability, Fl orida was listed as the 64
102102 servicemember's official home of record in the Defense 65
103103 Enrollment Eligibility Reporting System (DEERS) database; or 66
104104 2. The child qualifies as a resident for tuition purposes 67
105105 under s. 1009.21 and the servicemember is a resident of this 68
106106 state. 69
107107 70
108108 All rules, restrictions, and limitations set forth in this 71
109109 section shall apply. 72
110110 (3)(2) It is also the declared policy of the this state to 73
111111 provide educational opportunity at state expense for spouses of 74
112112 deceased or disabled servicemembers. 75
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121121 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
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125125 (a) The unremarried spouse of a deceased servicemember is 76
126126 eligible for educational , as defined in s. 250.01, qualifies for 77
127127 the benefits under this section : 78
128128 1. If the servicemember and his or her spouse had been 79
129129 residents of the state for 1 year immediat ely preceding the 80
130130 servicemember's death and the servicemember's death occurred 81
131131 under the circumstances provided in subsection (1); and 82
132132 2. if the unremarried spouse applies to use the benefit 83
133133 within 5 years after the servicemember's death and: 84
134134 1. Immediately preceding the servicemember's death, 85
135135 Florida was listed as the servicemember's official home of 86
136136 record in the Defense Enrollment Eligibility Reporting System 87
137137 (DEERS) database; or 88
138138 2. The spouse qualifies as a resident for tuition purposes 89
139139 under s. 1009.21. 90
140140 (b) The dependent spouse of a disabled servicemember is 91
141141 eligible for educational , as defined in s. 250.01, qualifies for 92
142142 the benefits under this section : 93
143143 1. if the servicemember and his or her spouse have been 94
144144 married to each other for 1 year ; and: 95
145145 1.2. If the servicemember and his or her spouse have been 96
146146 residents of the state for 1 year Immediately preceding the 97
147147 occurrence of the servicemember's disability , Florida was listed 98
148148 as the servicemember's official home of record in the Defense 99
149149 Enrollment Eligibility Reporting System (DEERS) database; or 100
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158158 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
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162162 2. The spouse qualifies as a resident for tuition purposes 101
163163 under s. 1009.21 and the servicemember is a resident of this 102
164164 state. and the disability meets the criteria set forth in 103
165165 subsection (1); and 104
166166 (c)3. The eligibility for educational benefits under 105
167167 paragraph (b) applies only during the duration of the marriage 106
168168 and up to the point of termination of the marriage by 107
169169 dissolution or annulment. 108
170170 109
171171 All rules, restrictions, and limitations set forth in t his 110
172172 section shall apply. 111
173173 (4)(3) Sections 295.03-295.05 and 1009.40 shall apply. 112
174174 (5)(4) The State Board of Education shall adopt rules for 113
175175 administering this section. 114
176176 (6)(5) A child or spouse of a servicemember may receive 115
177177 benefits under either this s ection or s. 295.061. 116
178178 Section 2. Section 295.015, Florida Statutes, is amended 117
179179 to read: 118
180180 295.015 Children of prisoners of war and persons missing 119
181181 in action; education. — 120
182182 (1) It is hereby declared to be the policy of the state to 121
183183 provide educational o pportunity at state expense for a dependent 122
184184 child of a parent who children either of whose parents has been 123
185185 classified as a prisoner of war or missing in action in the 124
186186 service of the United States Armed Forces of the United States 125
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195195 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
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199199 or in the capacity of civ ilian personnel captured while serving 126
200200 with the consent or authorization of the United States 127
201201 Government. Such educational opportunity shall be provided until 128
202202 such time as the parent so classified is returned alive or the 129
203203 parent's remains are recovered . 130
204204 (2) A dependent child is eligible for educational benefits 131
205205 under this section if: 132
206206 (a) Immediately; provided that, in order to be eligible, 133
207207 the parents of such children must have been residents of the 134
208208 state for 1 year preceding the event that led to the p arent's 135
209209 classification as a prisoner of war or missing in action by the 136
210210 United States Government , Florida was listed as the parent's 137
211211 official home of record in the Defense Enrollment Eligibility 138
212212 Reporting System (DEERS) database; or 139
213213 (b) The child qualifi es as a resident for tuition purposes 140
214214 under s. 1009.21 and the parent is a resident of this state . 141
215215 (3)(2) Sections 295.03-295.05 The provisions of ss. 142
216216 295.03-295.05 and 1009.40 shall apply. 143
217217 Section 3. Section 295.016, Florida Statutes, is amended 144
218218 to read: 145
219219 295.016 Children of servicemembers who died or became 146
220220 disabled in Operation Eagle Claw ; education.— 147
221221 (1) It is the hereby declared to be a policy of the state 148
222222 to provide educational opportunity at state expense for a the 149
223223 dependent child children of a any servicemember who died or 150
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232232 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
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234234
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236236 suffered a service-connected 100-percent total and permanent 151
237237 disability rating for compensation as determined by the United 152
238238 States Department of Veterans Affairs, or who has been 153
239239 determined to have a service -connected total and permanent 154
240240 disability rating of 100 percent and is in receipt of disability 155
241241 retirement pay from any branch of the United States Armed Forces 156
242242 Services, while participating in the Iranian rescue mission 157
243243 known as Operation Eagle Claw , which servicemember was residing 158
244244 in the state on April 25, 1980 . 159
245245 (a) A certified copy of a death certificate, a valid 160
246246 identification card issued by the Department of Veterans' 161
247247 Affairs in accordance with s. 295.17, a letter certifying the 162
248248 service-connected 100-percent total and permanent disability 163
249249 rating for compensation from the United States Department of 164
250250 Veterans Affairs, or a letter certifying the service -connected 165
251251 total and permanent disability rating of 100 percent for 166
252252 retirement pay from any branch of the United Stat es Armed Forces 167
253253 is Services shall be prima facie evidence of the fact that the 168
254254 dependent child children of the servicemember is are eligible 169
255255 for educational such benefits. 170
256256 (b) In addition to the requirement provided in paragraph 171
257257 (a), a dependent child is eligible for educational benefits 172
258258 under this section if: 173
259259 1. On April 25, 1980, Florida was listed as the 174
260260 servicemember's official home of record in the Defense 175
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269269 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
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273273 Enrollment Eligibility Reporting System (DEERS) database; or 176
274274 2. The child qualifies as a re sident for tuition purposes 177
275275 under s. 1009.21 and the servicemember, if living, is a resident 178
276276 of this state. 179
277277 (2) Sections 295.03-295.05 The provisions of ss. 295.03 -180
278278 295.05 and 1009.40 shall apply. 181
279279 Section 4. Section 295.017, Florida Statutes, is amen ded 182
280280 to read: 183
281281 295.017 Children of servicemembers who died or became 184
282282 disabled in the Lebanon and Grenada military arenas; education 185
283283 educational opportunity .— 186
284284 (1) It is hereby declared to be the policy of the state to 187
285285 provide educational opportunity at st ate expense for a the 188
286286 dependent child children of a any servicemember who died or 189
287287 suffered a service-connected 100-percent total and permanent 190
288288 disability rating for compensation as determined by the United 191
289289 States Department of Veterans Affairs, or who has been 192
290290 determined to have a service -connected total and permanent 193
291291 disability rating of 100 percent and is in receipt of disability 194
292292 retirement pay from any branch of the United States Armed Forces 195
293293 Services, while participating in a Multinational Peace Keeping 196
294294 Force in Lebanon during the period from September 17, 1982, 197
295295 through February 3, 1984, inclusive, or while participating as a 198
296296 participant in Operation Urgent Fury in Grenada during the 199
297297 period from October 23, 1983, through November 2, 1983, 200
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306306 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
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310310 inclusive, which servicemember was residing in the state during 201
311311 those periods of military action . 202
312312 (a) A certified copy of a death certificate, a valid 203
313313 identification card issued by the Department of Veterans' 204
314314 Affairs in accordance with the provisions of s. 295.17, a letter 205
315315 certifying the service -connected 100-percent total and permanent 206
316316 disability rating for compensation from the United States 207
317317 Department of Veterans Affairs, or a letter certifying the 208
318318 service-connected total and permanent disability rating of 100 209
319319 percent for retirement pay from any branch of the United States 210
320320 Armed Forces is Services shall be prima facie evidence of the 211
321321 fact that the dependent child children of the servicemember is 212
322322 are eligible for educational such benefits. 213
323323 (b) In addition to the requirement provided in paragraph 214
324324 (a), a dependent child is eligible for educational benefits 215
325325 under this section if: 216
326326 1. During either period of military action, Florida was 217
327327 listed as the servicemember's official home of record in the 218
328328 Defense Enrollment E ligibility Reporting System (DEERS) 219
329329 database; or 220
330330 2. The child qualifies as a resident for tuition purposes 221
331331 under s. 1009.21 and the servicemember, if living, is a resident 222
332332 of this state. 223
333333 (2) Sections 295.03-295.05 The provisions of ss. 295.03 -224
334334 295.05 and 1009.40 shall apply. 225
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343343 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
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345345
346346
347347 Section 5. Section 295.0185, Florida Statutes, is amended 226
348348 to read: 227
349349 295.0185 Children of servicemembers who died or became 228
350350 deceased or disabled military personnel who die or become 229
351351 disabled in Operation Enduring Freedom or Opera tion Iraqi 230
352352 Freedom; education educational opportunity .— 231
353353 (1) It is declared to be the policy of the state to 232
354354 provide educational opportunity at state expense for a the 233
355355 dependent child children of a servicemember who died or suffered 234
356356 those military personn el who die or suffer a service-connected 235
357357 100-percent total and permanent disability rating for 236
358358 compensation as determined by the United States Department of 237
359359 Veterans Affairs, or who has been are determined to have a 238
360360 service-connected total and permanent di sability rating of 100 239
361361 percent and is are in receipt of disability retirement pay from 240
362362 any branch of the United States Armed Forces Services, while 241
363363 participating in Operation Enduring Freedom, which began on 242
364364 October 7, 2001, or while participating in Opera tion Iraqi 243
365365 Freedom, which began on March 19, 2003 , if such military 244
366366 personnel have been residents of the state during the period of 245
367367 military action. 246
368368 (a) A certified copy of a death certificate, a valid 247
369369 identification card issued by the Department of Vete rans' 248
370370 Affairs in accordance with the provisions of s. 295.17, a letter 249
371371 certifying the service -connected 100-percent total and permanent 250
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380380 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
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384384 disability rating for compensation from the United States 251
385385 Department of Veterans Affairs, or a letter certifying the 252
386386 service-connected total and permanent disability rating of 100 253
387387 percent for retirement pay from any branch of the United States 254
388388 Armed Forces Services is prima facie evidence that the dependent 255
389389 child children of such servicemember is military personnel are 256
390390 eligible for educational benefits. 257
391391 (b) In addition to the requirement provided in paragraph 258
392392 (a), a dependent child is eligible for educational benefits 259
393393 under this section if: 260
394394 1. During either period of military action, Florida was 261
395395 listed as the servicememb er's official home of record in the 262
396396 Defense Enrollment Eligibility Reporting System (DEERS) 263
397397 database; or 264
398398 2. The dependent child qualifies as a resident for tuition 265
399399 purposes under s. 1009.21 and the servicemember, if living, is a 266
400400 resident of this state. 267
401401 (2) Sections 295.03 -295.05 and 1009.40 shall apply. 268
402402 Section 6. Section 295.0195, Florida Statutes, is amended 269
403403 to read: 270
404404 295.0195 Children of servicemembers deceased or disabled 271
405405 military personnel who died or became disabled in the Mideast 272
406406 Persian Gulf military arena during hostilities with Iraq or in 273
407407 the military action in Panama known as Operation Just Cause ; 274
408408 education.— 275
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417417 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
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421421 (1) It is hereby declared to be the policy of the state to 276
422422 provide educational opportunity at state expense for a the 277
423423 dependent child children of a servicemember those military 278
424424 personnel who died or suffered a service -connected 100-percent 279
425425 total and permanent disability rating for compensation as 280
426426 determined by the United States Department of Veterans Affairs, 281
427427 or who has have been determined to have a service -connected 282
428428 total and permanent disability rating of 100 percent and is are 283
429429 in receipt of disability retirement pay from any branch of the 284
430430 United States Armed Forces, while participating in the Mideast 285
431431 Persian Gulf arena du ring hostilities with Iraq, which began as 286
432432 Operation Desert Shield on August 5, 1990, through cessation of 287
433433 those hostilities, inclusive, or while participating in the 288
434434 military action in Panama known as Operation Just Cause during 289
435435 December 1989, if such military personnel were residents of the 290
436436 state during the period of military action . 291
437437 (a) A certified copy of a death certificate, a valid 292
438438 identification card issued by the Department of Veterans' 293
439439 Affairs in accordance with the provisions of s. 295.17, a letter 294
440440 certifying the service -connected 100-percent total and permanent 295
441441 disability rating for compensation from the United States 296
442442 Department of Veterans Affairs, or a letter certifying the 297
443443 service-connected total and permanent disability rating of 100 298
444444 percent for retirement pay from any branch of the United States 299
445445 Armed Forces is shall be prima facie evidence of the fact that 300
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454454 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
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458458 the dependent child children of such servicemember is military 301
459459 personnel are eligible for educational benefits. 302
460460 (b) In addition to the requirement provided in paragraph 303
461461 (a), a dependent child is eligible for educational benefits 304
462462 under this section if: 305
463463 1. During either period of military action, Florida was 306
464464 listed as the servicemember's official home of record in the 307
465465 Defense Enrollment Eligibility Reporting System (DEERS) 308
466466 database; or 309
467467 2. The child qualifies as a resident for tuition purposes 310
468468 under s. 1009.21 and the servicemember, if living, is a resident 311
469469 of this state. 312
470470 (2) Sections 295.03-295.05 The provisions of ss. 295.03 -313
471471 295.05 and 1009.40 shall apply. 314
472472 Section 7. Subsections (1) and (2) of section 295.02, 315
473473 Florida Statutes, are amended to read: 316
474474 295.02 Use of funds; age, etc. — 317
475475 (1) Sums appropriated and expended to carry out the 318
476476 provisions of s. 295.01(2) s. 295.01(1) may be used to pay 319
477477 tuition and registration fees, board, and room rent and to buy 320
478478 books and supplies for the children of deceased or disabled 321
479479 veterans or servicemembers, as defined and limited in s. 295.01, 322
480480 s. 295.016, s. 295.017, s. 295.018, s. 295.0185, s. 295. 019, or 323
481481 s. 295.0195, or of parents classified as prisoners of war or 324
482482 missing in action, as defined and limited in s. 295.015, who are 325
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491491 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
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495495 between the ages of 16 and 22 years and who are in attendance at 326
496496 an eligible postsecondary education institution as define d in s. 327
497497 295.04. Any child having entered upon a course of training or 328
498498 education under the provisions of this chapter, consisting of a 329
499499 course of not more than 4 years, and arriving at the age of 22 330
500500 years before the completion of such course may continue the 331
501501 course and receive all benefits of the provisions of this 332
502502 chapter until the course is completed. 333
503503 (2) Sums appropriated and expended to carry out the 334
504504 provisions of s. 295.01(3) s. 295.01(2) may be used to pay 335
505505 tuition and registration fees, board, and roo m rent and to buy 336
506506 books and supplies for the spouses of deceased or disabled 337
507507 veterans or servicemembers, as defined and limited in s. 295.01, 338
508508 who are enrolled at an eligible postsecondary education 339
509509 institution as defined in s. 295.04. 340
510510 Section 8. This act shall take effect July 1, 2023. 341