HB 685

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

CODING: Words stricken are deletions; words underlined are additions.