Florida Senate - 2009                                     SB 442
       
       
       
       By Senator Fasano
       
       
       
       
       11-00454A-09                                           2009442__
    1                        A bill to be entitled                      
    2         An act relating to the Education Dollars for Duty
    3         program; amending s. 250.10, F.S.; revising provisions
    4         relating to the duties of the Adjutant General;
    5         removing the duties of the Board of Governors and the
    6         State Board of Education for the Education Dollars for
    7         Duty program; providing for education assistance for
    8         members of the Florida National Guard who enroll in a
    9         private institution; revising the application
   10         requirements for the program to include active
   11         drilling members; requiring that a member serve in the
   12         guard for the period specified in the member's
   13         enlistment or reenlistment contract; providing that a
   14         member who has obtained a master's degree is
   15         ineligible to participate in the program; providing
   16         that college preparatory courses are authorized for
   17         the program; deleting provisions relating to the State
   18         Tuition Exemption Program; authorizing the Department
   19         of Military Affairs to pay tuition and fees for
   20         current members; providing that members are eligible
   21         to use the program upon enlistment; requiring that the
   22         department pay the tuition and fees for a member
   23         enrolled in a nonpublic postsecondary institution
   24         which are equal to the amount required to pay for
   25         tuition and fees at a public postsecondary education
   26         institution; amending s. 1009.21, F.S.; revising a
   27         provision relating to the classification of members of
   28         the Florida National Guard as residents for tuition
   29         purposes to conform to changes made by the act;
   30         amending s. 1009.26, F.S.; conforming a cross
   31         reference; providing an effective date.
   32         
   33  Be It Enacted by the Legislature of the State of Florida:
   34         
   35         Section 1. Subsections (7), (8), and (9) of section 250.10,
   36  Florida Statutes, are amended to read:
   37         250.10 Appointment and duties of the Adjutant General.—
   38         (7) The Adjutant General, the Board of Governors of the
   39  State University System, and the State Board of Education shall
   40  develop an education assistance program programs for members in
   41  good standing of the active Florida National Guard who enroll in
   42  a public or private institution of higher learning in the state,
   43  which has been accredited by the Commission on Colleges of the
   44  Southern Association of Colleges and Schools.
   45         (a) The program programs shall set forth application
   46  requirements, including, but not limited to, requirements that
   47  the applicant:
   48         1. Be 17 years of age or older.
   49         2. Be presently domiciled in the state.
   50         3. Be an active drilling a member and in good standing in
   51  the active Florida National Guard at the beginning of and
   52  throughout the entire academic term for which benefits are
   53  received.
   54         4. Maintain continuous satisfactory participation in the
   55  active Florida National Guard for any school term for which
   56  exemption benefits are received.
   57         5. Upon enrollment in the a program specified in subsection
   58  (8) or subsection (9), complete a memorandum of agreement to
   59  comply with the rules of the program and serve in the active
   60  Florida National Guard for the period specified in the member's
   61  enlistment or reenlistment contract 3 years after completion of
   62  the studies for which an exemption is granted or tuition and
   63  fees are paid.
   64         (b) The program programs shall define those members of the
   65  active Florida National Guard who are ineligible to participate
   66  in the program and those courses of study which are not
   67  authorized for the program.
   68         1. Ineligible members include Such members include, but are
   69  not limited to,:
   70         a. any member, commissioned officer, warrant officer, or
   71  enlisted person who has obtained a master's degree using the
   72  program specified in subsection (8) a baccalaureate degree.
   73         b.Any member who has 15 years or more of total military
   74  service creditable toward retirement.
   75         c.Any member who has not completed basic military
   76  training.
   77         2. Courses not authorized include noncredit courses,
   78  courses that do not meet degree requirements, or courses that do
   79  not meet requirements for completion of career training.
   80         3.College-preparatory courses are authorized for the
   81  program.
   82         (c) The Adjutant General, together with the Board of
   83  Governors of the State University System and the State Board of
   84  Education, shall adopt rules for the overall policy, guidance,
   85  administration, implementation, and proper use utilization of
   86  the program. Such rules must include, but not be limited to,
   87  guidelines for certification by the Adjutant General of a guard
   88  member's eligibility, procedures for notification to an
   89  institution of a guard member's termination of eligibility, and
   90  procedures for restitution when a guard member fails to comply
   91  with the penalties described in this section.
   92         (8)The Department of Military Affairs may administer a
   93  tuition exemption program, known as the State Tuition Exemption
   94  Program (STEP), for members of the Florida National Guard who
   95  qualify pursuant to subsection (7).
   96         (a)Members of the Florida National Guard are exempt from
   97  payment of one-half of tuition and fees, subject to the
   98  following limitations:
   99         1.A member may not participate in the STEP Program for
  100  more than 10 years following the date of enrollment in the
  101  tuition assistance program.
  102         2.Florida National Guard members shall be admitted on a
  103  space-available basis.
  104         (b)Notwithstanding paragraph (a) and subject to
  105  appropriations, the Department of Military Affairs may pay one
  106  half the cost of tuition and fees for required courses for
  107  members of the Florida National Guard if a member is unable to
  108  obtain admittance on a space-available basis and, at least on
  109  one previous occasion, the member was denied admission to the
  110  required course.
  111         (c)Courses not authorized include noncredit courses,
  112  courses that do not meet degree requirements, or courses that do
  113  not meet requirements for completing career training.
  114         (d)Penalties for noncompliance with program requirements
  115  include, but are not limited to:
  116         1.If a member of the active Florida National Guard
  117  receives an exemption from tuition and fees for any academic
  118  term and fails to maintain satisfactory participation in the
  119  Florida National Guard during that academic term, the member
  120  forfeits his or her exemption and shall pay the institution
  121  granting the exemption all tuition charges and student fees for
  122  the academic term for which the exemption was granted.
  123         2.If a member of the active Florida National Guard leaves
  124  the Florida National Guard during the 3-year period the member
  125  has agreed to serve after completing the courses for which an
  126  exemption was granted, the member shall reimburse the
  127  institution granting the exemption for all tuition charges and
  128  student fees for which the member received an exemption, unless
  129  the Adjutant General finds that there are justifiable
  130  extenuating circumstances.
  131         3.If the service of a member of the active Florida
  132  National Guard is terminated or the member is placed on
  133  scholastic probation while receiving an exemption, the exemption
  134  shall be immediately forfeited and the member shall pay the
  135  institution granting the exemption all tuition charges and
  136  student fees for the academic term for which the exemption was
  137  granted.
  138         4.If a member defaults on any repayment made under this
  139  paragraph, the institution may charge the member the maximum
  140  interest rate authorized by law.
  141         (8)(9) Subject to appropriations, the Department of
  142  Military Affairs may pay the full cost of tuition and fees for
  143  required courses for current members of the Florida National
  144  Guard who enlist after June 30, 1997. Members are eligible to
  145  use the program upon enlistment in the Florida National Guard.
  146  This program shall be known as the Educational Dollars for Duty
  147  program (EDD) and is the primary program for these members. If a
  148  member is enrolled in a nonpublic postsecondary education
  149  institution, the Department of Military Affairs shall pay an
  150  amount equal to the amount that would be required to pay for the
  151  average tuition and fees at a public postsecondary education
  152  institution.
  153         (a) A member may participate in the program if he or she
  154  maintains satisfactory participation and is an active drilling
  155  member of the Florida National Guard. Inactive members of the
  156  Florida National Guard and members of the Individual Ready
  157  Reserve (IRR) are not eligible to participate in the program. A
  158  member may not participate in the EDD program for more than 5
  159  years following the date of eligibility for the program.
  160         (b)Courses not authorized include noncredit courses,
  161  courses that do not meet the degree requirements, or courses
  162  that do not meet requirements for completing career training.
  163         (c)College preparatory classes are authorized courses.
  164         (b)(d) Penalties for noncompliance with program
  165  requirements include, but are not limited to:
  166         1. If a member of the active Florida National Guard
  167  receives payment of tuition and fees for any academic term and
  168  fails to maintain satisfactory participation in the Florida
  169  National Guard during that academic term, the member shall
  170  reimburse the Department of Military Affairs all tuition charges
  171  and student fees for the academic term for which the member
  172  received payment.
  173         2. If a member of the active Florida National Guard leaves
  174  the Florida National Guard during the 3-year period specified in
  175  the member's enlistment or reenlistment contract the member has
  176  agreed to serve after completing the courses for which payments
  177  were made, the member shall reimburse the Department of Military
  178  Affairs all tuition charges and student fees for which the
  179  member received payments, unless the Adjutant General finds that
  180  there are justifiable extenuating circumstances.
  181         3. If the service of a member of the active Florida
  182  National Guard is terminated or the member is placed on
  183  scholastic probation while receiving payments, the member shall
  184  reimburse the Department of Military Affairs all tuition charges
  185  and student fees for the academic term for which the member
  186  received payment.
  187         4. If a member defaults on any reimbursement made under
  188  this paragraph, the department may charge the member the maximum
  189  interest rate authorized by law.
  190         Section 2. Paragraph (a) of subsection (10) of section
  191  1009.21, Florida Statutes, is amended to read:
  192         1009.21 Determination of resident status for tuition
  193  purposes.—Students shall be classified as residents or
  194  nonresidents for the purpose of assessing tuition in community
  195  colleges and state universities.
  196         (10) The following persons shall be classified as residents
  197  for tuition purposes:
  198         (a) Active duty members of the Armed Services of the United
  199  States residing or stationed in this state, their spouses, and
  200  dependent children, and active drilling members of the Florida
  201  National Guard who qualify under s. 250.10(7) and (8) for the
  202  tuition assistance program.
  203         Section 3. Subsection (8) of section 1009.26, Florida
  204  Statutes, is amended to read:
  205         1009.26 Fee waivers.—
  206         (8) Fees shall be waived for certain members of the active
  207  Florida National Guard pursuant to s. 250.10(8).
  208         Section 4. This act shall take effect July 1, 2009.