The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Military and Veterans Affairs, Space, and Domestic Security
BILL: CS/SB 550
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Burgess
SUBJECT: Education of Dependents of Deceased or Disabled Servicemembers, Prisoners of War,
and Persons Missing in Action
DATE: March 29, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Proctor MS Fav/CS
2. AED
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 550 changes a requirement for qualification of certain educational benefits provided to a
dependent child or spouse of a disabled or deceased servicemember through the
Children/Spouses of Deceased or Disabled Veterans scholarship program (CSDDV) and expands
availability of this benefit to include spouses and dependent children of a member of the Florida
National Guard or the United States Reserve Forces.
The bill shortens the requirement of a 1-year residency to 6 months and adds other factors. These
factors are that Florida was listed as the servicemember’s official home of record in the Defense
Enrollment Eligibility Reporting System (DEERS) database immediately preceding the death or
disability of the servicemember, or that the child or spouse qualifies as a resident for tuition
purposes (RFTP). Qualifying as a RFTP means that the child or spouse is a dependent for
purposes of tax filings as is the basis for RFTP.
The bill may have an indeterminate negative fiscal impact to the Department of Education
(DOE) should the number of applicants to the CSDDV increase. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2023.
REVISED: BILL: CS/SB 550 Page 2
II. Present Situation:
Residency for Tuition Purposes
Students are classified as residents or nonresidents for the purpose of assessing tuition in
postsecondary educational programs at charter technical career centers or career centers operated
by school districts, Florida College System institutions, and state universities.
1
A dependent child is a person, whether or not living with a parent, who is eligible to be claimed
by a parent as a dependent under the federal income tax code.
2
Educational Benefits to Dependent Children and Spouses of Servicemembers
The CSDDV provides a higher education benefit to a qualifying child or spouse of a member of
the Armed Forces.
3
As defined in the CSDDV, a member of the Armed Forces means a member
of the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
4
If a dependent child or a spouse of a servicemember of the Armed Forces is enrolled at a public
institution, and qualifies, the child is eligible for full payment of tuition and registration fees.
5
CSDDV recipients may also use the award for room and board, and books and supplies.
6
If the
dependent is enrolled at a private qualifying institution, the award is based on the average of the
cost required at a public institution for tuition and registration fees.
7
A dependent enrolled part
time shall receive a reduced award by either one-half or three-fourths of the maximum award,
depending on the level of fees assessed.
8
The DOE must, if funds are insufficient to award all
eligible applicants, prorate awards.
9
In addition, the DOE must notify students and institutions of the student’s award eligibility.
10
Contingent upon funding through the General Appropriations Act, the award is available to:
Children or spouses of deceased or severely disabled veterans or servicemembers if the
child’s parents have been residents of the state for 1 year immediately preceding the death or
disability of the servicemember;
11
Children of prisoners of war or persons missing in action if the child’s parents had been
residents of the state for 1 year;
12
1
Section 1009.21(1), F.S.
2
Section 1009.21(1)(a), F.S.
3
Florida Dep’t of Veterans Affairs, Children and Spouses of Deceased or Disabled Veterans (CSDDV) Scholarship
Program, PowerPoint, available at https://floridavets.org/wp-content/uploads/2020/11/FDVA-CSDDV-Slides-004.pdf (last
visited Mar. 23, 2023).
4
Section 250.01(4), F.S.
5
Section 295.04(3)(a), F.S.
6
Section 295.02(1), F.S.
7
Section 295.04(3)b), F.S.
8
Fla. Admin Code R 6A-20.019(6) (2008), available at https://www.flrules.org/gateway/ruleno.asp?id=6A-
20.019&Section=0 (last visited Mar. 24, 2023).
9
Id.
10
Id.
11
Section 295.01, F.S.; ch. 20966, s. 1, Laws of Fla.
12
Section 295.015, F.S.; ch. 72-346, s. 2, Laws of Fla. BILL: CS/SB 550 Page 3
Children of servicemembers who died or became disabled in Operation Eagle Claw
13
Children of servicemembers who died or became disabled in the Lebanon and Grenada
military arenas;
14
Children of servicemembers who died in the Newfoundland air tragedy;
15
Children of deceased or disabled military personnel who died or became disabled in
Operation Enduring Freedom or Operation Iraqi Freedom;
16
Children of servicemembers who died in U.S.S. Stark Attack;
17
and
Children of servicemembers who died or became disabled in the Mideast Persian Gulf
military arena during hostilities with Iraq or in the military action in Panama known as
Operation Just Cause.
18
CSDDV Historical Participation and Funding
Fiscal Year Participants Total Disbursed
(millions)
2020-21 2,301 $ 9.6
19
2021-22 2,756 $ 11.4
20
2022-23 3,376 $ 13.5
21
2023-24 (Estimate) 3,897
22
To Be Determined
Defense Enrollment Eligibility Reporting System
The DEERS database, maintained by the United States Department of Defense (DoD) provides
personal information on each active duty or former servicemember, a member of a reserve
component, a DoD contractor, or a person otherwise connected to the military and their family
13
Section 295.016, F.S.; ch. 81-275, s. 1, Laws of Fla.
14
Section 295.017, F.S.; ch. 86-177, s. 1, Laws of Fla.
15
Section 295.018, F.S.; ch. 86-177, s. 2, Laws of Fla.
16
Section 295.0185, F.S.; ch. 2002-279, s.1, Laws of Fla.
17
Section 295.019, F.S.; ch. 88-290, s. 32, Laws of Fla.
18
Section 295.0195, F.S.; ch. 91-166, s. 2, Laws of Fla.
19
Florida Dep’t of Education, Office of Student Financial Assistance, End of Year Report 2020-21, Scholarships for
Children/Spouses of Deceased or Disabled Veterans (CSDDV), available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/CSDDV_2020_2021.pdf (last visited Mar. 24, 2023).
20
Florida Dep’t of Education, Office of Student Financial Assistance, End of Year Report 2021-22, Scholarships for
Children/Spouses of Deceased or Disabled Veterans (CSDDV), available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/CSDDV_2021_2022.pdf (last visited Mar. 24, 2023).
21
Office of Economic and Demographic Research, Florida Legislature, Education Estimating Conference on Student
Financial Aid, Executive Summary (Feb. 17, 2023), available at
http://edr.state.fl.us/Content/conferences/financialaid/ExecSummary.pdf (last visited Mar. 24, 2023). Line 66, 2022-2023
GAA.
22
Office of Economic and Demographic Research, Florida Legislature, Education Estimating Conference on Student
Financial Aid, Executive Summary (Feb. 17, 2023), available at
http://edr.state.fl.us/Content/conferences/financialaid/ExecSummary.pdf (last visited Mar. 24, 2023). BILL: CS/SB 550 Page 4
members.
23
Information maintained on DEERS includes name, gender, date of birth, social
security number, names of family members, and official home of record.
24
The ability to change your home of record in DEERS is very limited. In most cases, individuals
will not be allowed to change their home of record. However, a change is allowed if:
The home of record was originally recorded incorrectly; or
A servicemember is reinstated, reappointed, or reenlisted if there is a break in service of
more than 1 full day.
25
If the home of record was originally recorded incorrectly, a change can be authorized. The
individual must provide supporting documentation to justify the change, and in every case the
burden is on the individual to justify a change to the home of record to file.
26
State of Legal Residence vs. Home of Record
A servicemember's home of record in DEERS is the place from which he or she entered the
military. It is not necessarily where the servicemember says he or she is from. For example, if a
servicemember is from Maryland, but went to college in Florida and entered the military in
Florida, then Florida would be the home of record. Home of records don't change unless
information was entered incorrectly, or a servicemember leaves the military and then rejoins with
a break in service. Homes of record are used for certain travel allowances, particularly when
leaving military service.
27
A state of legal residence, or domicile or legal domicile, is the place where the servicemember
thinks of as home, the state where he or she intends to live after leaving the military. A state of
legal residence may change throughout a servicemember’s life.
Effect of Proposed Changes:
CS/SB 550 defines the terms "Armed Forces" and "servicemember" to have the same meaning as
provided in s. 250.01, F.S.
28
In addition, the bill changes a requirement for qualification of certain educational benefits
provided to a dependent child or spouse of a disabled or deceased servicemember through the
23
Dep’t of Defense, Defense Manpower Data Center, About DEERS, available at
https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-About_DEERS (last visited Mar. 23, 2023).
24
Dep’t of Defense, Defense Manpower Data Center, Updating and Correcting DEERS Data, available at
https://milconnect.dmdc.osd.mil/milconnect/public/faq/DEERS-Updating_and_Correcting_DEERS_Data (last visited Mar.
24, 2023).
25
7
th
Army Training Command, 7th Army Training Command Legal Assistance Information – Home of Record Change,
available at https://www.7atc.army.mil/Portals/17/Documents/SJA/Home_of_Record_Change_NEW.pdf (last visited Mar.
24, 2023).
26
Id.
27
Military.com, Residence vs. Home of Record, available at https://www.military.com/paycheck-
chronicles/2015/02/27/residence-vs-home-record (last visited Mar. 24, 2023).
28
Armed forces means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
Servicemember means any person serving as a member of the United States Armed Forces on active duty or state active duty
and all members of the Florida National Guard and United States Reserve Forces. BILL: CS/SB 550 Page 5
CSDDV scholarship program and expands availability of this benefit to include family of a
member of the Florida National Guard or the United States Reserve Forces.
The bill shortens the requirement of a 1-year residency in some provisions, and imposes
additional factors. These factors are that for at least 6 months Florida was listed as the
servicemember’s official home of record in the DEERS database immediately preceding the
death of a servicemember, or that the child or spouse qualifies as a RFTP. For a disabled
servicemember, Florida must have been the home of record in DEERS for at least 6 months, and
if the child qualifies as a RFTP, the servicemember must have been a resident for at least six
months. Qualifying as a RFTP means that the child or spouse is a dependent for purposes of tax
filings as is the basis for residency for tuition purposes.
For a dependent child of a servicemember who is a prisoner of war or missing in action, the
servicemember’s home of record in DEERS must have been Florida for at least 6 months or if
the child qualifies as a RFTP, the servicemember must have been a resident of this state for at
least 6 months.
For a dependent child of a servicemember who died or was disabled during Operation Eagle
Claw, Florida must have been listed in DEERS as the servicemember’s official home of record
on April 25, 1980, or the dependent child must qualify as a RFTP and the servicemember, if
living, for at least 6 months is a resident of this state.
For a dependent child of a servicemember who died or was disabled during Operation Urgent
Fury, Operation Enduring Freedom, Operation Iraqi Freedom, Operation Desert Shield, or
Operation Just Cause, Florida must have been listed in DEERS as the servicemember’s official
home of record during the period of military action, or the dependent child must qualify as a
RFTP and the servicemember, if living, for at least 6 months is a resident of this state.
The bill takes effect July 1, 2023.
III. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 550 Page 6
E. Other Constitutional Issues:
None identified.
IV. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
In changing the requirements for qualification for the CSDDV and expanding the
program to include a servicemember of the Florida National Guard or the United States
Reserve Forces, additional dependents and spouses may be eligible for the CSDDV.
C. Government Sector Impact:
Any potential increase in applicants as a result of the revised qualification requirements
to the CSDDV under this bill is unknown. The bill may have an indeterminate negative
fiscal impact to the DOE should the number of applicants increase; however, the DOE
must, if appropriated funds are insufficient to award all eligible applicants, prorate
awards.
29
V. Technical Deficiencies:
None.
VI. Related Issues:
None.
VII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 295.01, 295.015,
295.016, 295.017, 295.0185, 295.0195, and 295.02.
VIII. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Military and Veterans Affairs, Space, and Domestic Security on March 29,
2023:
The committee substitute:
Adds the following conditions for the educational benefit:
29
Fla. Admin Code R 6A-20.019(7) (2008), available at https://www.flrules.org/gateway/ruleno.asp?id=6A-
20.019&Section=0 (last visited Mar. 24, 2023). BILL: CS/SB 550 Page 7
o For a dependent child or spouse of a deceased servicemember, adds the time
requirement that Florida was listed as the servicemember's home of record in
DEERS for at least 6 months and for a disabled servicemember, adds either the
time requirement in DEERS of at least 6 months, or if the child qualifies as a
Resident for Tuition Purposes, that the servicemember is a Florida resident for at
least 6 months.
o For a dependent child of a servicemember who is a prisoner of war or missing,
adds either the DEERS 6 month time requirement or that if the child qualifies as a
RFTP, the servicemember has been a Florida resident for at least 6 months.
o For the educational benefit for a dependent child of a servicemember who died or
was disabled during Operation Urgent Fury, Operation Enduring Freedom,
Operation Iraqi Freedom, Operation Desert Shield, or Operation Just Cause, adds
the time requirement that if the dependent child qualifies as a RFTP, the
servicemember, if living must have been a resident of the state for at least 6
months.
• Provides a technical change in defining the terms "Armed Forces" and "servicemember"
pursuant to s. 250.01, F.S.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.