Florida 2023 Regular Session

Florida House Bill H0621 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~ENROLLED~~
3		-	CS/HB 621 2023 ~~Legislature~~
	2	+
	3	+	CS/HB 621 2023
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0621-~~02-er~~
	8	+	hb0621-01-c1
9	9		Page 1 of 5
10	10		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
11	11
12	12
13	13
14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to death benefits for active duty 2
16	16		servicemembers; amending s. 295.061, F.S.; revising 3
17	17		the amount and conditions of payment of death 4
18	18		benefits; requiring payment to be made to the 5
19	19		beneficiary through the process set out by the 6
20	20		Department of Military Affairs; removing provisions 7
21	21		relating to payment when a beneficiary is not 8
22	22		designated; requiring proof of residency or duty post 9
23	23		to be provided to the department; requiring the 10
24	24		department to request the Chief Financial Officer to 11
25	25		draw a warrant for payment of benefits from the 12
26	26		General Revenue Fund; requiring the Department of 13
27	27		Military Affairs and the Department of Financial 14
28	28		Services to adopt certain rul es and procedures; 15
29	29		providing an effective date. 16
30	30		17
31	31		Be It Enacted by the Legislature of the State of Florida: 18
32	32		19
33	33		Section 1. Section 295.061, Florida Statutes, is amended 20
34	34		to read: 21
35	35		295.061 Active duty servicemembers; death benefits. — 22
36	36		(1) As used in this section, the term: 23
37	37		(a) "Active duty" has the same meaning as provided in s. 24
38	38		250.01. 25
39		-	~~ENROLLED~~
40		-	CS/HB 621 2023 ~~Legislature~~
	39	+
	40	+	CS/HB 621 2023
41	41
42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0621-~~02-er~~
	45	+	hb0621-01-c1
46	46		Page 2 of 5
47	47		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
48	48
49	49
50	50
51	51		(b) "United States Armed Forces" means the United States 26
52	52		Army, Navy, Air Force, Marine Corps, Space Force, and Coast 27
53	53		Guard. 28
54	54		(2) The sum of $75,000 must be paid by the state if a 29
55	55		member of the United States Armed Forces, while on active duty 30
56	56		and engaged in the performance of his or her official duties , is 31
57	57		killed or sustains receives a bodily injury that results in the 32
58	58		loss of the member's life, provided that such kil ling is not the 33
59	59		result of suicide and that such bodily injury is not 34
60	60		intentionally self-inflicted. 35
61	61		(3) The sum of $25,000 must be paid by the state if a 36
62	62		member of the United States Armed Forces, while on active duty, 37
63	63		is killed other than as specified in subsection (2), provided 38
64	64		that the killing is not the result of suicide and that such 39
65	65		bodily injury is not intentionally self -inflicted. 40
66	66		(3)(4) Payment of benefits made under subsection (2) or 41
67	67		subsection (3) must be made paid to the beneficiary designated 42
68	68		by such member through the process set out by in writing and 43
69	69		delivered to the Department of Military Affairs during the 44
70	70		member's lifetime. If no such designation is made, then the 45
71	71		payments must be paid to the member's surviving child or 46
72	72		children and to his or her surviving spouse in equal portions, 47
73	73		or if there is no surviving child or spouse, must be made to the 48
74	74		member's parent or parents. If a beneficiary is not designated 49
75	75		and there is no surviving child, spouse, or parent, then the sum 50
76		-	~~ENROLLED~~
77		-	CS/HB 621 2023 ~~Legislature~~
	76	+
	77	+	CS/HB 621 2023
78	78
79	79
80	80
81	81		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0621-~~02-er~~
	82	+	hb0621-01-c1
83	83		Page 3 of 5
84	84		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
85	85
86	86
87	87
88	88		must be paid to the member's estate. 51
89	89		(4)(5) To qualify for the benefits provided in this 52
90	90		section, the deceased military member must have been a resident 53
91	91		of this state, or his or her duty post must have been within 54
92	92		this state, at the time of death. Proof of residency or du ty 55
93	93		post must be provided to the Department of Military Affairs in 56
94	94		the manner prescribed by the department. 57
95	95		(5)(6) Any benefits provided pursuant to this section are 58
96	96		in addition to any other benefits provided under the 59
97	97		Servicemembers' Group Life Insurance program or any other 60
98	98		federal program. Benefits granted pursuant to this section are 61
99	99		exempt from the claims and demands of creditors of such member. 62
100	100		(6)(7) Benefits provided under subsection (2) or 63
101	101		subsection (3) shall be paid from the General Revenue Fu nd. The 64
102	102		department shall request the Chief Financial Officer to draw a 65
103	103		warrant from the General Revenue Fund for the payment of the 66
104	104		benefit in the amount specified in this section. Beginning in 67
105	105		the 2019-2020 fiscal year and continuing each fiscal year 68
106	106		thereafter, a sum sufficient to pay such benefits is 69
107	107		appropriated from the General Revenue Fund to the Department of 70
108	108		Financial Services for the purposes of paying such benefits. 71
109	109		(7) The Department of Military Affairs and the Department 72
110	110		of Financial Services shall adopt rules and procedures as 73
111	111		appropriate and necessary to implement subsections (1) -(6). 74
112	112		(8)(a) If an active duty member is killed as specified in 75
113		-	~~ENROLLED~~
114		-	CS/HB 621 2023 ~~Legislature~~
	113	+
	114	+	CS/HB 621 2023
115	115
116	116
117	117
118	118		CODING: Words stricken are deletions; words underlined are additions.
119		-	hb0621-~~02-er~~
	119	+	hb0621-01-c1
120	120		Page 4 of 5
121	121		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
122	122
123	123
124	124
125	125		subsection (2) or subsection (3), the state must waive certain 76
126	126		educational expenses that the child or the spouse of the 77
127	127		deceased member incurs while obtaining a career certificate, an 78
128	128		undergraduate education, or a postgraduate education. The amount 79
129	129		waived by the state must be in an amount equal to the cost of 80
130	130		tuition and matriculation and registration f ees for a total of 81
131	131		120 credit hours. The child or the spouse may attend a state 82
132	132		career center, a Florida College System institution, or a state 83
133	133		university on either a full -time or part-time basis. The 84
134	134		benefits provided to a child under this subsection must continue 85
135	135		until the child's 25th birthday. The benefits provided to a 86
136	136		spouse under this subsection must commence within 5 years after 87
137	137		the death occurs and may continue until the 10th anniversary of 88
138	138		that death. 89
139	139		(b) Upon failure of any child or spouse who receives a 90
140	140		waiver in accordance with this subsection to comply with the 91
141	141		ordinary and minimum requirements regarding discipline and 92
142	142		scholarship of the institution attended, such benefits to the 93
143	143		child or the spouse must be withdrawn and no further moneys may 94
144	144		be expended for the child's or spouse's benefits so long as such 95
145	145		failure or delinquency continues. 96
146	146		(c) Only a student in good standing in his or her 97
147	147		respective institution may receive the benefits provided in this 98
148	148		subsection. 99
149	149		(d) A child or spouse who is receiving benefits under this 100
150		-	~~ENROLLED~~
151		-	CS/HB 621 2023 ~~Legislature~~
	150	+
	151	+	CS/HB 621 2023
152	152
153	153
154	154
155	155		CODING: Words stricken are deletions; words underlined are additions.
156		-	hb0621-~~02-er~~
	156	+	hb0621-01-c1
157	157		Page 5 of 5
158	158		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
159	159
160	160
161	161
162	162		subsection shall be enrolled according to the customary rules 101
163	163		and requirements of the institution attended. 102
164	164		(e) A child or spouse of a member may receive benefits 103
165	165		under either this subsection or s. 295.01. 104
166	166		(f) The State Board of Education shall adopt rules and 105
167	167		procedures, and the Board of Governors shall adopt regulations 106
168	168		and procedures, as are appropriate and necessary to implement 107
169	169		this subsection. 108
170	170		Section 2. This act shall take effect July 1, 2023. 109