Florida Senate - 2023 CS for SB 550 By the Committee on Military and Veterans Affairs, Space, and Domestic Security; and Senator Burgess 583-03300-23 2023550c1 1 A bill to be entitled 2 An act relating to education of dependents of deceased 3 or disabled servicemembers, prisoners of war, and 4 persons missing in action; amending s. 295.01, F.S.; 5 defining terms; revising eligibility requirements for 6 educational benefits provided by the state to a spouse 7 or dependent child of a deceased or disabled 8 servicemember; amending s. 295.015, F.S.; revising 9 eligibility requirements for educational benefits 10 provided by the state to a dependent child of a 11 prisoner of war or a person missing in action; 12 amending ss. 295.016, 295.017, 295.0185, and 295.0195, 13 F.S.; revising eligibility requirements for 14 educational benefits provided by the state to a 15 dependent child of a deceased or disabled 16 servicemember who participated in certain military 17 operations; amending s. 295.02, F.S.; conforming 18 cross-references; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1.Section 295.01, Florida Statutes, is amended to 23 read: 24 295.01Children of deceased or disabled veterans; Spouses 25 and dependent children of deceased or disabled servicemembers; 26 education. 27 (1)As used in this section, the terms Armed Forces and 28 servicemember shall have the same meanings as provided in s. 29 250.01. 30 (2)(a)(1)It is the policy of the state to provide 31 educational opportunity at state expense for a dependent child, 32 as defined in s. 1009.21(1), of a servicemember who children 33 either of whose parents entered the Armed Forces and: 34 1.(a)Died as a result of service-connected injuries, 35 disease, or disability sustained while on active duty; or 36 2.(b)Has been: 37 a.1.Determined by the United States Department of Veterans 38 Affairs or its predecessor to have a service-connected 100 39 percent total and permanent disability rating for compensation; 40 b.2.Determined to have a service-connected total and 41 permanent disability rating of 100 percent and is in receipt of 42 disability retirement pay from any branch of the United States 43 Armed Forces Services; or 44 c.3.Issued a valid identification card by the Department 45 of Veterans Affairs in accordance with s. 295.17, 46 47 when the parents of such children have been residents of the 48 state for 1 year immediately preceding the death or the 49 occurrence of such disability, and subject to the rules, 50 restrictions, and limitations set forth in this section. 51 (b)The dependent child of a deceased servicemember is 52 eligible for educational benefits under this section if: 53 1.Immediately preceding the death of the servicemember, 54 Florida was listed as the servicemembers official home of 55 record in the Defense Enrollment Eligibility Reporting System 56 (DEERS) database for at least 6 months; or 57 2.The child qualifies as a resident for tuition purposes 58 under s. 1009.21. 59 (c)The dependent child of a disabled servicemember is 60 eligible for educational benefits under this section if: 61 1.Immediately preceding the occurrence of the 62 servicemembers disability, Florida was listed as the 63 servicemembers official home of record in the Defense 64 Enrollment Eligibility Reporting System (DEERS) database for at 65 least 6 months; or 66 2.The child qualifies as a resident for tuition purposes 67 under s. 1009.21 and the servicemember has been a resident of 68 this state for at least 6 months. 69 70 All rules, restrictions, and limitations set forth in this 71 section shall apply. 72 (3)(2)It is also the declared policy of the this state to 73 provide educational opportunity at state expense for spouses of 74 deceased or disabled servicemembers. 75 (a)The unremarried spouse of a deceased servicemember is 76 eligible for educational, as defined in s. 250.01, qualifies for 77 the benefits under this section: 78 1.If the servicemember and his or her spouse had been 79 residents of the state for 1 year immediately preceding the 80 servicemembers death and the servicemembers death occurred 81 under the circumstances provided in subsection (1); and 82 2.if the unremarried spouse applies to use the benefit 83 within 5 years after the servicemembers death and: 84 1.Immediately preceding the servicemembers death, Florida 85 was listed as the servicemembers official home of record in the 86 Defense Enrollment Eligibility Reporting System (DEERS) database 87 for at least 6 months; or 88 2.The spouse qualifies as a resident for tuition purposes 89 under s. 1009.21. 90 (b)The dependent spouse of a disabled servicemember is 91 eligible for educational, as defined in s. 250.01, qualifies for 92 the benefits under this section: 93 1.if the servicemember and his or her spouse have been 94 married to each other for 1 year; and: 95 1.2.If the servicemember and his or her spouse have been 96 residents of the state for 1 year Immediately preceding the 97 occurrence of the servicemembers disability, Florida was listed 98 as the servicemembers official home of record in the Defense 99 Enrollment Eligibility Reporting System (DEERS) database for at 100 least 6 months; or 101 2.The spouse qualifies as a resident for tuition purposes 102 under s. 1009.21 and the servicemember has been a resident of 103 this state for at least 6 months. and the disability meets the 104 criteria set forth in subsection (1); and 105 (c)3.The eligibility for educational benefits under 106 paragraph (b) applies only during the duration of the marriage 107 and up to the point of termination of the marriage by 108 dissolution or annulment. 109 110 All rules, restrictions, and limitations set forth in this 111 section shall apply. 112 (4)(3)Sections 295.03-295.05 and 1009.40 shall apply. 113 (5)(4)The State Board of Education shall adopt rules for 114 administering this section. 115 (6)(5)A child or spouse of a servicemember may receive 116 benefits under either this section or s. 295.061. 117 Section 2.Section 295.015, Florida Statutes, is amended to 118 read: 119 295.015Children of prisoners of war and persons missing in 120 action; education. 121 (1)It is hereby declared to be the policy of the state to 122 provide educational opportunity at state expense for a dependent 123 child of a parent who children either of whose parents has been 124 classified as a prisoner of war or missing in action in the 125 service of the United States Armed Forces of the United States 126 or in the capacity of civilian personnel captured while serving 127 with the consent or authorization of the United States 128 Government. Such educational opportunity shall be provided until 129 such time as the parent so classified is returned alive or the 130 parents remains are recovered. 131 (2)A dependent child is eligible for educational benefits 132 under this section if: 133 (a)Immediately; provided that, in order to be eligible, 134 the parents of such children must have been residents of the 135 state for 1 year preceding the event that led to the parents 136 classification as a prisoner of war or missing in action by the 137 United States Government, Florida was listed as the parents 138 official home of record in the Defense Enrollment Eligibility 139 Reporting System (DEERS) database for at least 6 months; or 140 (b)The child qualifies as a resident for tuition purposes 141 under s. 1009.21 and the parent has been a resident of this 142 state for at least 6 months. 143 (3)(2)Sections 295.03-295.05 The provisions of ss. 295.03 144 295.05 and 1009.40 shall apply. 145 Section 3.Section 295.016, Florida Statutes, is amended to 146 read: 147 295.016Children of servicemembers who died or became 148 disabled in Operation Eagle Claw; education. 149 (1)It is the hereby declared to be a policy of the state 150 to provide educational opportunity at state expense for a the 151 dependent child children of a any servicemember who died or 152 suffered a service-connected 100-percent total and permanent 153 disability rating for compensation as determined by the United 154 States Department of Veterans Affairs, or who has been 155 determined to have a service-connected total and permanent 156 disability rating of 100 percent and is in receipt of disability 157 retirement pay from any branch of the United States Armed Forces 158 Services, while participating in the Iranian rescue mission 159 known as Operation Eagle Claw, which servicemember was residing 160 in the state on April 25, 1980. 161 (a)A certified copy of a death certificate, a valid 162 identification card issued by the Department of Veterans 163 Affairs in accordance with s. 295.17, a letter certifying the 164 service-connected 100-percent total and permanent disability 165 rating for compensation from the United States Department of 166 Veterans Affairs, or a letter certifying the service-connected 167 total and permanent disability rating of 100 percent for 168 retirement pay from any branch of the United States Armed Forces 169 is Services shall be prima facie evidence of the fact that the 170 dependent child children of the servicemember is are eligible 171 for educational such benefits. 172 (b)In addition to the requirement provided in paragraph 173 (a), a dependent child is eligible for educational benefits 174 under this section if: 175 1.On April 25, 1980, Florida was listed as the 176 servicemembers official home of record in the Defense 177 Enrollment Eligibility Reporting System (DEERS) database; or 178 2.The child qualifies as a resident for tuition purposes 179 under s. 1009.21 and the servicemember, if living, has been a 180 resident of this state for at least 6 months. 181 (2)Sections 295.03-295.05 The provisions of ss. 295.03 182 295.05 and 1009.40 shall apply. 183 Section 4.Section 295.017, Florida Statutes, is amended to 184 read: 185 295.017Children of servicemembers who died or became 186 disabled in the Lebanon and Grenada military arenas; education 187 educational opportunity. 188 (1)It is hereby declared to be the policy of the state to 189 provide educational opportunity at state expense for a the 190 dependent child children of a any servicemember who died or 191 suffered a service-connected 100-percent total and permanent 192 disability rating for compensation as determined by the United 193 States Department of Veterans Affairs, or who has been 194 determined to have a service-connected total and permanent 195 disability rating of 100 percent and is in receipt of disability 196 retirement pay from any branch of the United States Armed Forces 197 Services, while participating in a Multinational Peace Keeping 198 Force in Lebanon during the period from September 17, 1982, 199 through February 3, 1984, inclusive, or while participating as a 200 participant in Operation Urgent Fury in Grenada during the 201 period from October 23, 1983, through November 2, 1983, 202 inclusive, which servicemember was residing in the state during 203 those periods of military action. 204 (a)A certified copy of a death certificate, a valid 205 identification card issued by the Department of Veterans 206 Affairs in accordance with the provisions of s. 295.17, a letter 207 certifying the service-connected 100-percent total and permanent 208 disability rating for compensation from the United States 209 Department of Veterans Affairs, or a letter certifying the 210 service-connected total and permanent disability rating of 100 211 percent for retirement pay from any branch of the United States 212 Armed Forces is Services shall be prima facie evidence of the 213 fact that the dependent child children of the servicemember is 214 are eligible for educational such benefits. 215 (b)In addition to the requirement provided in paragraph 216 (a), a dependent child is eligible for educational benefits 217 under this section if: 218 1.During either period of military action, Florida was 219 listed as the servicemembers official home of record in the 220 Defense Enrollment Eligibility Reporting System (DEERS) 221 database; or 222 2.The child qualifies as a resident for tuition purposes 223 under s. 1009.21 and the servicemember, if living, has been a 224 resident of this state for at least 6 months. 225 (2)Sections 295.03-295.05 The provisions of ss. 295.03 226 295.05 and 1009.40 shall apply. 227 Section 5.Section 295.0185, Florida Statutes, is amended 228 to read: 229 295.0185Children of servicemembers who died or became 230 deceased or disabled military personnel who die or become 231 disabled in Operation Enduring Freedom or Operation Iraqi 232 Freedom; education educational opportunity. 233 (1)It is declared to be the policy of the state to provide 234 educational opportunity at state expense for a the dependent 235 child children of a servicemember who died or suffered those 236 military personnel who die or suffer a service-connected 100 237 percent total and permanent disability rating for compensation 238 as determined by the United States Department of Veterans 239 Affairs, or who has been are determined to have a service 240 connected total and permanent disability rating of 100 percent 241 and is are in receipt of disability retirement pay from any 242 branch of the United States Armed Forces Services, while 243 participating in Operation Enduring Freedom, which began on 244 October 7, 2001, or while participating in Operation Iraqi 245 Freedom, which began on March 19, 2003, if such military 246 personnel have been residents of the state during the period of 247 military action. 248 (a)A certified copy of a death certificate, a valid 249 identification card issued by the Department of Veterans 250 Affairs in accordance with the provisions of s. 295.17, a letter 251 certifying the service-connected 100-percent total and permanent 252 disability rating for compensation from the United States 253 Department of Veterans Affairs, or a letter certifying the 254 service-connected total and permanent disability rating of 100 255 percent for retirement pay from any branch of the United States 256 Armed Forces Services is prima facie evidence that the dependent 257 child children of such servicemember is military personnel are 258 eligible for educational benefits. 259 (b)In addition to the requirement provided in paragraph 260 (a), a dependent child is eligible for educational benefits 261 under this section if: 262 1.During either period of military action, Florida was 263 listed as the servicemembers official home of record in the 264 Defense Enrollment Eligibility Reporting System (DEERS) 265 database; or 266 2.The dependent child qualifies as a resident for tuition 267 purposes under s. 1009.21 and the servicemember, if living, has 268 been a resident of this state for at least 6 months. 269 (2)Sections 295.03-295.05 and 1009.40 shall apply. 270 Section 6.Section 295.0195, Florida Statutes, is amended 271 to read: 272 295.0195Children of servicemembers deceased or disabled 273 military personnel who died or became disabled in the Mideast 274 Persian Gulf military arena during hostilities with Iraq or in 275 the military action in Panama known as Operation Just Cause; 276 education. 277 (1)It is hereby declared to be the policy of the state to 278 provide educational opportunity at state expense for a the 279 dependent child children of a servicemember those military 280 personnel who died or suffered a service-connected 100-percent 281 total and permanent disability rating for compensation as 282 determined by the United States Department of Veterans Affairs, 283 or who has have been determined to have a service-connected 284 total and permanent disability rating of 100 percent and is are 285 in receipt of disability retirement pay from any branch of the 286 United States Armed Forces, while participating in the Mideast 287 Persian Gulf arena during hostilities with Iraq, which began as 288 Operation Desert Shield on August 5, 1990, through cessation of 289 those hostilities, inclusive, or while participating in the 290 military action in Panama known as Operation Just Cause during 291 December 1989, if such military personnel were residents of the 292 state during the period of military action. 293 (a)A certified copy of a death certificate, a valid 294 identification card issued by the Department of Veterans 295 Affairs in accordance with the provisions of s. 295.17, a letter 296 certifying the service-connected 100-percent total and permanent 297 disability rating for compensation from the United States 298 Department of Veterans Affairs, or a letter certifying the 299 service-connected total and permanent disability rating of 100 300 percent for retirement pay from any branch of the United States 301 Armed Forces is shall be prima facie evidence of the fact that 302 the dependent child children of such servicemember is military 303 personnel are eligible for educational benefits. 304 (b)In addition to the requirement provided in paragraph 305 (a), a dependent child is eligible for educational benefits 306 under this section if: 307 1.During either period of military action, Florida was 308 listed as the servicemembers official home of record in the 309 Defense Enrollment Eligibility Reporting System (DEERS) 310 database; or 311 2.The child qualifies as a resident for tuition purposes 312 under s. 1009.21 and the servicemember, if living, has been a 313 resident of this state for at least 6 months. 314 (2)Sections 295.03-295.05 The provisions of ss. 295.03 315 295.05 and 1009.40 shall apply. 316 Section 7.Subsections (1) and (2) of section 295.02, 317 Florida Statutes, are amended to read: 318 295.02Use of funds; age, etc. 319 (1)Sums appropriated and expended to carry out the 320 provisions of s. 295.01(2) s. 295.01(1) may be used to pay 321 tuition and registration fees, board, and room rent and to buy 322 books and supplies for the children of deceased or disabled 323 veterans or servicemembers, as defined and limited in s. 295.01, 324 s. 295.016, s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or 325 s. 295.0195, or of parents classified as prisoners of war or 326 missing in action, as defined and limited in s. 295.015, who are 327 between the ages of 16 and 22 years and who are in attendance at 328 an eligible postsecondary education institution as defined in s. 329 295.04. Any child having entered upon a course of training or 330 education under the provisions of this chapter, consisting of a 331 course of not more than 4 years, and arriving at the age of 22 332 years before the completion of such course may continue the 333 course and receive all benefits of the provisions of this 334 chapter until the course is completed. 335 (2)Sums appropriated and expended to carry out the 336 provisions of s. 295.01(3) s. 295.01(2) may be used to pay 337 tuition and registration fees, board, and room rent and to buy 338 books and supplies for the spouses of deceased or disabled 339 veterans or servicemembers, as defined and limited in s. 295.01, 340 who are enrolled at an eligible postsecondary education 341 institution as defined in s. 295.04. 342 Section 8.This act shall take effect July 1, 2023.