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

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