HB 621 2023
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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 death benefits for active duty 2
servicemembers; amending s. 295.061, F.S.; revising 3
the amount and conditions of payment of death 4
benefits; requiring payment to be made to the 5
beneficiary through the process set out by the 6
Department of Military Affairs; removing provisions 7
relating to payment when a beneficiary is not 8
designated; requiring proof of residency or duty post 9
to be provided to the department; requiring the 10
department to request the Chief Financial Officer to 11
draw a warrant for payment of benefits from the 12
General Revenue Fund; requiring the Department of 13
Military Affairs and the Department of Financial 14
Services to adopt certain rul es and procedures; 15
removing provisions relating to an appropriation to 16
the Department of Financial Services for payment of 17
death benefits; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 2 95.061, Florida Statutes, is amended 22
to read: 23
295.061 Active duty servicemembers; death benefits. — 24
(1) As used in this section, the term: 25
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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) "Active duty" has the same meaning as provided in s. 26
250.01. 27
(b) "United States Armed Forces" means the Un ited States 28
Army, Navy, Air Force, Marine Corps, Space Force, and Coast 29
Guard. 30
(2) The sum of $75,000 must be paid by the state if a 31
member of the United States Armed Forces, while on active duty 32
and engaged in the performance of his or her official duti es, is 33
killed or sustains receives a bodily injury that results in the 34
loss of the member's life, provided that such killing is not the 35
result of suicide and that such bodily injury is not 36
intentionally self-inflicted. 37
(3) The sum of $25,000 must be paid by the state if a 38
member of the United States Armed Forces, while on active duty, 39
is killed other than as specified in subsection (2), provided 40
that the killing is not the result of suicide and that such 41
bodily injury is not intentionally self -inflicted. 42
(3)(4) Payment of benefits made under subsection (2) or 43
subsection (3) must be made paid to the beneficiary designated 44
by such member through the process set out by in writing and 45
delivered to the Department of Military Affairs during the 46
member's lifetime. If no such designation is made, then the 47
payments must be paid to the member's surviving child or 48
children and to his or her surviving spouse in equal portions, 49
or if there is no surviving child or spouse, must be made to the 50
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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
member's parent or parents . If a beneficiary is not designated 51
and there is no surviving child, spouse, or parent, then the sum 52
must be paid to the member's estate . 53
(4)(5) To qualify for the benefits provided in this 54
section, the deceased military member must have been a resident 55
of this state, or his or her duty post must have been within 56
this state, at the time of death. Proof of residency or duty 57
post must be provided to the Department of Military Affairs in 58
the manner prescribed by the department. 59
(5)(6) Any benefits provide d pursuant to this section are 60
in addition to any other benefits provided under the 61
Servicemembers' Group Life Insurance program or any other 62
federal program. Benefits granted pursuant to this section are 63
exempt from the claims and demands of creditors of such member. 64
(6)(7) Benefits provided under subsection (2) or 65
subsection (3) shall be paid from the General Revenue Fund. The 66
department shall request the Chief Financial Officer to draw a 67
warrant from the General Revenue Fund for the payment of the 68
benefit in the amount specified in this section. 69
(7) The Department of Military Affairs and the Department 70
of Financial Services shall adopt rules and procedures as 71
appropriate and necessary to implement subsections (1) -(6) 72
Beginning in the 2019 -2020 fiscal year and continuing each 73
fiscal year thereafter, a sum sufficient to pay such benefits is 74
appropriated from the General Revenue Fund to the Department of 75
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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
Financial Services for the purposes of paying such benefits . 76
(8)(a) If an active duty member is kill ed as specified in 77
subsection (2) or subsection (3), the state must waive certain 78
educational expenses that the child or the spouse of the 79
deceased member incurs while obtaining a career certificate, an 80
undergraduate education, or a postgraduate education. The amount 81
waived by the state must be in an amount equal to the cost of 82
tuition and matriculation and registration fees for a total of 83
120 credit hours. The child or the spouse may attend a state 84
career center, a Florida College System institution, or a state 85
university on either a full -time or part-time basis. The 86
benefits provided to a child under this subsection must continue 87
until the child's 25th birthday. The benefits provided to a 88
spouse under this subsection must commence within 5 years after 89
the death occurs and may continue until the 10th anniversary of 90
that death. 91
(b) Upon failure of any child or spouse who receives a 92
waiver in accordance with this subsection to comply with the 93
ordinary and minimum requirements regarding discipline and 94
scholarship of the institution attended, such benefits to the 95
child or the spouse must be withdrawn and no further moneys may 96
be expended for the child's or spouse's benefits so long as such 97
failure or delinquency continues. 98
(c) Only a student in good st anding in his or her 99
respective institution may receive the benefits provided in this 100
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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
subsection. 101
(d) A child or spouse who is receiving benefits under this 102
subsection shall be enrolled according to the customary rules 103
and requirements of the institution attended. 104
(e) A child or spouse of a member may receive benefits 105
under either this subsection or s. 295.01. 106
(f) The State Board of Education shall adopt rules and 107
procedures, and the Board of Governors shall adopt regulations 108
and procedures, as are ap propriate and necessary to implement 109
this subsection. 110
Section 2. This act shall take effect July 1, 2023. 111