This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0621.LFS
DATE: 3/16/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 621 Death Benefits for Active Duty Servicemembers
SPONSOR(S): Barnaby
TIED BILLS: IDEN./SIM. BILLS: SB 1094
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Mwakyanjala Darden
2) Appropriations Committee
3) State Affairs Committee
SUMMARY ANALYSIS
The State requires the payment of death benefits to the survivors of first responders, Florida National Guard
(FLNG) members, and active duty
members of the United States Armed Forces. Servicemembers in the United
States Armed Forces receive a death benefit of $75,000 if the member is killed or receives bodily injury that
results in the loss of the servicemember’s life while on active duty and engaged in the performance of official
duties. Servicemembers who are killed while on active duty, but not in the context of their official duties, are
eligible for a death benefit of $25,000. These benefits are paid to a beneficiary designated by the
servicemember in writing to the Department of Military Affairs (DMA). If a servicemember has not designated a
beneficiary, the benefits are paid according to a priority order set in statute.
The bill consolidates the death benefit for active duty servicemembers to provide a benefit of $75,000,
regardless of whether the servicemember was killed in the performance of official duties. The bill revises the
process for designating a beneficiary to allow DMA to establish a process for designation. The bill clarifies the
mechanism by which the death benefit is paid by requiring DMA to request the Chief Financial Officer to draw a
warrant from the General Revenue Fun for payment of the benefit. The bill grants DMA and the Department of
Financial Services rulemaking authority to adopt rules and procedures appropriate and necessary to implement
the regulation and distribution of death benefits of active duty servicemembers.
STORAGE NAME: h0621.LFS PAGE: 2
DATE: 3/16/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Death Benefits Required by the State Constitution
Florida Constitutional Amendment 7 (Amendment 7) was approved by the voters in November 2018
requires the payment of death benefits to the survivors of first responders,
1
Florida National Guard
(FLNG) members, and active duty
2
servicemembers of the United States Armed Forces.
3
The
employing agency is required to pay the benefit when the first responder or FLNG member, while
engaged in the performance of his or her official duties, is:
Accidentally killed or receives accidental bodily injury that results in the loss of the individual’s
life, provided that such killing is not the result of suicide and such bodily injury is not intentionally
self-inflicted; or
Unlawfully and intentionally killed or dies because of such unlawful and intentional act or is
killed during active duty.
4
For servicemembers in the United States Armed Force, the benefit must be paid from the General
Revenue Fund when the member is killed or receives bodily injury that results in the loss of the
member’s life, so long as such death is not the result of suicide and such bodily injury is not
intentionally self-inflicted.
5
Amendment 7 also requires the state to waive certain educational expenses that the child or spouse of
the deceased first responder, FLNG member, or active duty member of the U.S. Armed Forces incurs
while obtaining a career certificate, an undergraduate education, or a postgraduate education.
To be eligible for the benefits provided under the constitution, an eligible member of the U.S. Armed
Forces must have been a resident of the state or his or her duty post must have been within the state at
the time of death.
Death Benefits for Active Duty Servicemembers
Current law provides that servicemembers of the United States Armed Forces who are killed or receive
a bodily injury that results in the loss of member’s life while on active duty and engaged in performance
of their official duties are eligible for death benefit of $75,000 paid by the state.
6
Servicemembers who
are killed while on active duty, not in performance of their official duties, are eligible for death benefit of
$25,000 paid by the state.
7
Servicemembers are not eligible for these benefits if the killing or bodily
injury is the result of suicide or was otherwise intentionally self-inflicted. The death benefit is paid to the
beneficiary designated by the servicemember in writing and delivered to the Department of Military
Affairs (DMA) during the servicemember’s lifetime.
8
1
For purposes of the amendment, “first responder” includes firefighters, paramedics, emergency medical technicians, and
law enforcement, correctional, and correctional probation officers.
2
S. 250.01(1), F.S., defines the term “active duty” to mean full-time duty in active military service of the United States. The
term includes federal duty such as full-time training, annual training, and attendance while a person is in active military
service or in a school designated as a service school by law or by the secretary of the applicable military department. The
term does not include full-time duty in the National Guard. The term also includes the period during which a person in
active military service is absent from duty because of illness, being wounded, being on leave, or other lawful cause.
3
Art. X, s. 31, Fla. Const.
4
Art, X, s. 31(a), Fla. Const.
5
Art. X, s. 31(b), Fla. Const.
6
S. 295.061(2), F.S.
7
S. 295.061(3), F.S.
8
S. 295.061(4), F.S. STORAGE NAME: h0621.LFS PAGE: 3
DATE: 3/16/2023
If no designation is made, then the payments are made to the servicemember’s surviving child or
children and to the servicemember’s surviving spouse in equal portions.
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If the servicemember does
not have a surviving child or spouse, the payment is made to the servicemember’s parent or parents. If
no designation is made and the servicemember has no surviving child, spouse, or parent, then the sum
must be paid to the servicemember’s estate.
The spouse or child of an active duty service is also eligible for the waiver of certain educational
expenses incurred while obtaining a career certificate, an undergraduate education, or a postgraduate
education.
10
The waiver amount is equal to the cost of 120 credit hours of tuition and registration fees.
The benefit must be used by a child before turning 25 years of age, while the spousal benefit must be
commenced within five years of the death and completed within ten years of the death. These benefits
may only be received by students in good standing.
Effect of Proposed Changes
The bill revises the death benefit for active duty servicemembers who are killed while on active duty to
provide a benefit of $75,000 paid by the state, regardless of whether the death occurred in the
performance of the servicemember’s official duties. The bill maintains current law providing that a
servicemember is not eligible for the benefit in event of suicide or otherwise intentionally self-inflicted
injury.
The bill provides that a servicemember may designate a beneficiary in a process set out by DMA. The
bill requires that proof of residency or duty post of the deceased servicemember at the time of the
member’s death must be provided to DMA, in a manner prescribed by the department, in order to
qualify for benefits.
The bill clarifies the payment process for the benefit by requiring DMA to request that the Chief
Financial Officer (CFO)
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draw warrants from the General Revenue Fund for the payment of benefits.
The bill grants DMA and the Department of Financial Services rulemaking authority to adopt rules and
procedures appropriate and necessary to implement the regulation and distribution of death benefits of
active duty servicemembers.
B. SECTION DIRECTORY:
Section 1: Amends s. 295.061, providing for the regulation and distribution of death benefits of
active duty servicemembers.
Section 2: 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:
The bill may have a negative, but likely insignificant, fiscal impact on state expenditures to the
extent servicemembers who are killed while on active duty outside of the performance of their
official duties will receive an increase death benefit.
9
Id.
10
S. 295.061(8), F.S.
11
Art. IV, s. 4(c), F.S., provides that a CFO shall serve, within the cabinet, as the chief fiscal officer of the state. The CFO
settles and approves accounts against the state and keeps all state funds and securities. STORAGE NAME: h0621.LFS PAGE: 4
DATE: 3/16/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
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 grants DMA and the Department of Financial Services rulemaking authority in order to adopt
rules and procedures appropriate and necessary to implement the regulation and distribution of death
benefits of active duty servicemembers.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.