Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 442
       
       
       
       
       
       
                                Barcode 638720                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 4/AD/2R         .                                
             04/30/2009 11:25 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Fasano moved the following:
       
    1         Senate Substitute for Amendment (280430) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (7), (8), and (9) of section 250.10,
    7  Florida Statutes, are amended to read:
    8         250.10 Appointment and duties of the Adjutant General.—
    9         (7) The Adjutant General, the Board of Governors of the
   10  State University System, and the State Board of Education shall
   11  develop an education assistance program programs for members in
   12  good standing of the active Florida National Guard who enroll in
   13  an authorized course of study at a public or nonpublic
   14  institution of higher learning in the state which has been
   15  accredited by the Commission on Colleges of the Southern
   16  Association of Colleges and Schools. This program shall be known
   17  as the Educational Dollars for Duty program (EDD).
   18         (a) The program programs shall set forth application
   19  requirements, including, but not limited to, requirements that
   20  the applicant:
   21         1. Be 17 years of age or older.
   22         2. Be presently domiciled in the state.
   23         3. Be an active drilling a member and in good standing in
   24  the active Florida National Guard at the beginning of and
   25  throughout the entire academic term for which benefits are
   26  received.
   27         4. Maintain continuous satisfactory participation in the
   28  active Florida National Guard for any school term for which
   29  exemption benefits are received.
   30         5. Upon enrollment in the a program specified in subsection
   31  (8) or subsection (9), complete a memorandum of agreement to
   32  comply with the rules of the program and serve in the active
   33  Florida National Guard for the period specified in the member’s
   34  enlistment or reenlistment contract 3 years after completion of
   35  the studies for which an exemption is granted or tuition and
   36  fees are paid.
   37         (b) The program programs shall define those members of the
   38  active Florida National Guard who are ineligible to participate
   39  in the program and those courses of study which are not
   40  authorized for the program.
   41         1. Ineligible Such members include, but are not limited
   42  to,:
   43         a. any member, commissioned officer, warrant officer, or
   44  enlisted person who has obtained a master’s degree using the
   45  program a baccalaureate degree.
   46         b.Any member who has 15 years or more of total military
   47  service creditable toward retirement.
   48         c.Any member who has not completed basic military
   49  training.
   50         2. Courses not authorized include noncredit courses,
   51  courses that do not meet degree requirements, or courses that do
   52  not meet requirements for completion of career training, or
   53  other courses as determined by program definitions.
   54         3.College-preparatory courses are authorized for the
   55  program.
   56         (c) The Adjutant General, together with the Board of
   57  Governors of the State University System and the State Board of
   58  Education, shall adopt rules for the overall policy, guidance,
   59  administration, implementation, and proper use utilization of
   60  the program. Such rules must include, but not be limited to,
   61  guidelines for certification by the Adjutant General of a guard
   62  member’s eligibility, procedures for notification to an
   63  institution of a guard member’s termination of eligibility, and
   64  procedures for restitution when a guard member fails to comply
   65  with the penalties described in this section.
   66         (8)The Department of Military Affairs may administer a
   67  tuition exemption program, known as the State Tuition Exemption
   68  Program (STEP), for members of the Florida National Guard who
   69  qualify pursuant to subsection (7).
   70         (a)Members of the Florida National Guard are exempt from
   71  payment of one-half of tuition and fees, subject to the
   72  following limitations:
   73         1.A member may not participate in the STEP Program for
   74  more than 10 years following the date of enrollment in the
   75  tuition assistance program.
   76         2.Florida National Guard members shall be admitted on a
   77  space-available basis.
   78         (b)Notwithstanding paragraph (a) and subject to
   79  appropriations, the Department of Military Affairs may pay one
   80  half the cost of tuition and fees for required courses for
   81  members of the Florida National Guard if a member is unable to
   82  obtain admittance on a space-available basis and, at least on
   83  one previous occasion, the member was denied admission to the
   84  required course.
   85         (c)Courses not authorized include noncredit courses,
   86  courses that do not meet degree requirements, or courses that do
   87  not meet requirements for completing career training.
   88         (d)Penalties for noncompliance with program requirements
   89  include, but are not limited to:
   90         1.If a member of the active Florida National Guard
   91  receives an exemption from tuition and fees for any academic
   92  term and fails to maintain satisfactory participation in the
   93  Florida National Guard during that academic term, the member
   94  forfeits his or her exemption and shall pay the institution
   95  granting the exemption all tuition charges and student fees for
   96  the academic term for which the exemption was granted.
   97         2.If a member of the active Florida National Guard leaves
   98  the Florida National Guard during the 3-year period the member
   99  has agreed to serve after completing the courses for which an
  100  exemption was granted, the member shall reimburse the
  101  institution granting the exemption for all tuition charges and
  102  student fees for which the member received an exemption, unless
  103  the Adjutant General finds that there are justifiable
  104  extenuating circumstances.
  105         3.If the service of a member of the active Florida
  106  National Guard is terminated or the member is placed on
  107  scholastic probation while receiving an exemption, the exemption
  108  shall be immediately forfeited and the member shall pay the
  109  institution granting the exemption all tuition charges and
  110  student fees for the academic term for which the exemption was
  111  granted.
  112         4.If a member defaults on any repayment made under this
  113  paragraph, the institution may charge the member the maximum
  114  interest rate authorized by law.
  115         (8)(9) Subject to appropriations, the Department of
  116  Military Affairs may pay the full cost of tuition and fees for
  117  required courses for current members of the Florida National
  118  Guard who enlist after June 30, 1997. Members are eligible to
  119  use the program upon enlistment in the Florida National Guard.
  120  If a member is enrolled in a nonpublic postsecondary education
  121  institution or a nonpublic vocational-technical program, the
  122  Department of Military Affairs shall pay an amount equal to the
  123  amount that would be required to pay for the average tuition and
  124  fees at a public postsecondary education institution or public
  125  vocational-technical program. This program shall be known as the
  126  Educational Dollars for Duty program (EDD) and is the primary
  127  program for these members.
  128         (a) A member may participate in the program if he or she
  129  maintains satisfactory participation in, and is an active
  130  drilling member of, the Florida National Guard. Inactive members
  131  of the Florida National Guard and members of the Individual
  132  Ready Reserve (IRR) are not eligible to participate in the
  133  program. A member may not participate in the EDD program for
  134  more than 5 years following the date of eligibility for the
  135  program.
  136         (b)Courses not authorized include noncredit courses,
  137  courses that do not meet the degree requirements, or courses
  138  that do not meet requirements for completing career training.
  139         (c)College preparatory classes are authorized courses.
  140         (b)(d) Penalties for noncompliance with program
  141  requirements include, but are not limited to, the following:
  142         1. If a member of the active Florida National Guard
  143  receives payment of tuition and fees for any academic term and
  144  fails to maintain satisfactory participation in the Florida
  145  National Guard during that academic term, the member shall
  146  reimburse the Department of Military Affairs all tuition charges
  147  and student fees for the academic term for which the member
  148  received payment.
  149         2. If a member of the active Florida National Guard leaves
  150  the Florida National Guard during the 3-year period specified in
  151  the member’s enlistment or reenlistment contract the member has
  152  agreed to serve after completing the courses for which payments
  153  were made, the member shall reimburse the Department of Military
  154  Affairs all tuition charges and student fees for which the
  155  member received payments, regardless of whether the obligation
  156  to reimburse the department was incurred before, on, or after
  157  July 1, 2009, unless the Adjutant General finds that there are
  158  justifiable extenuating circumstances.
  159         3. If the service of a member of the active Florida
  160  National Guard is terminated or the member is placed on
  161  scholastic probation while receiving payments, the member shall
  162  reimburse the Department of Military Affairs all tuition charges
  163  and student fees for the academic term for which the member
  164  received payment.
  165         4. If a member defaults on any reimbursement made under
  166  this paragraph, the department may charge the member the maximum
  167  interest rate authorized by law.
  168         Section 2. Paragraph (a) of subsection (10) of section
  169  1009.21, Florida Statutes, is amended to read:
  170         1009.21 Determination of resident status for tuition
  171  purposes.—Students shall be classified as residents or
  172  nonresidents for the purpose of assessing tuition in community
  173  colleges and state universities.
  174         (10) The following persons shall be classified as residents
  175  for tuition purposes:
  176         (a) Active duty members of the Armed Services of the United
  177  States residing or stationed in this state, their spouses, and
  178  dependent children, and active drilling members of the Florida
  179  National Guard who qualify under s. 250.10(7) and (8) for the
  180  tuition assistance program.
  181         Section 3. Subsection (8) of section 1009.26, Florida
  182  Statutes, is amended, and subsections (9) and (10) of that
  183  section are renumbered as subsections (8) and (9), respectively,
  184  to read:
  185         1009.26 Fee waivers.—
  186         (8)Fees shall be waived for certain members of the active
  187  Florida National Guard pursuant to s. 250.10(8).
  188         Section 4. This act shall take effect July 1, 2009.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191         And the title is amended as follows:
  192         Delete everything before the enacting clause
  193  and insert:
  194                        A bill to be entitled                      
  195         An act relating to the Educational Dollars for Duty
  196         program; amending s. 250.10, F.S.; revising provisions
  197         relating to the duties of the Adjutant General;
  198         removing the duties of the Board of Governors of the
  199         State University System and the State Board of
  200         Education with respect to the Educational Dollars for
  201         Duty program; providing for education assistance for
  202         members of the Florida National Guard who enroll in an
  203         authorized course of study at a specified public or
  204         nonpublic institution of higher learning; revising the
  205         application requirements for the program to include
  206         active drilling members; requiring that a member serve
  207         in the guard for the period specified in the member’s
  208         enlistment or reenlistment contract; providing that a
  209         member who has obtained a master’s degree is
  210         ineligible to participate in the program; revising
  211         courses not authorized for the program; providing that
  212         college preparatory courses are authorized for the
  213         program; deleting provisions relating to the State
  214         Tuition Exemption Program; authorizing the Department
  215         of Military Affairs to pay tuition and fees for
  216         current members; providing that members are eligible
  217         to use the program upon enlistment; requiring that the
  218         department pay the tuition and fees for a member
  219         enrolled in a nonpublic postsecondary institution or a
  220         nonpublic vocational-technical program which are equal
  221         to the amount required to pay for tuition and fees at
  222         a public postsecondary education institution or public
  223         vocational-technical program; prohibiting
  224         participation by certain members; providing for
  225         applicability of a requirement to reimburse the
  226         department for tuition charges and student fees under
  227         specified circumstances; amending s. 1009.21, F.S.;
  228         revising a provision relating to the classification of
  229         members of the Florida National Guard as residents for
  230         tuition purposes; amending s. 1009.26, F.S.;
  231         eliminating a reference to educational fee waivers for
  232         certain members of the Florida National Guard;
  233         providing an effective date.