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