Florida Senate - 2019                                     SB 914
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00940-19                                            2019914__
    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 the
    4         Educational Dollars for Duty program; revising the
    5         ineligibility criteria for members of the Florida
    6         National Guard; providing that guard members who have
    7         earned certain college degrees before becoming a guard
    8         member are eligible for the program; limiting the
    9         tuition and fees that the program may cover for
   10         doctoral and professional degree programs; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraphs (b), (c), and (d) of subsection (7)
   16  and subsection (8) of section 250.10, Florida Statutes, are
   17  amended to read:
   18         250.10 Appointment and duties of the Adjutant General.—
   19         (7) The Adjutant General shall develop an education
   20  assistance program for members in good standing of the Florida
   21  National Guard who enroll in an authorized course of study at a
   22  public or nonpublic postsecondary institution or technical
   23  center in the state which has been accredited by an accrediting
   24  body recognized by the United States Department of Education or
   25  licensed by the Commission for Independent Education. Education
   26  assistance also may be used for training to obtain industry
   27  certifications approved by the Department of Education pursuant
   28  to s. 1008.44 and continuing education to maintain license
   29  certifications. The education assistance program shall be known
   30  as the Educational Dollars for Duty program (EDD).
   31         (b) The program shall define those members of the Florida
   32  National Guard who are ineligible to participate in the program
   33  and those courses of study which are not authorized for the
   34  program.
   35         1. Ineligible members include, but are not limited to, a
   36  member, commissioned officer, warrant officer, or enlisted
   37  person who has obtained a doctoral or professional master’s
   38  degree using the program.
   39         2. Inactive members of the Florida National Guard and
   40  members of the Individual Ready Reserve are not eligible to
   41  participate in the program.
   42         3. Courses not authorized include noncredit courses,
   43  courses that do not meet degree requirements, courses that do
   44  not meet requirements for completion of career training, or
   45  other courses as determined by program definitions.
   46         4. The program may not pay repeat course fees.
   47         (c) The program may include, but is not limited to:
   48         1. Courses at a public or nonpublic postsecondary
   49  institution or technical center in the state which is accredited
   50  by an accrediting body recognized by the United States
   51  Department of Education or licensed by the Commission for
   52  Independent Education.
   53         2. Training to obtain industry certifications, limited to
   54  certifications approved by the Department of Education under s.
   55  1008.44.
   56         3. Continuing education to maintain a license or
   57  certification. Notwithstanding subparagraph (b)1., members who
   58  have obtained a doctoral or professional master’s degree using
   59  the program are eligible for funding under this subparagraph.
   60         4. Licensing and industry certification examination fees.
   61  Notwithstanding subparagraph (b)1., members who have obtained a
   62  doctoral or professional master’s degree using the program are
   63  eligible for funding under this subparagraph.
   64         5. Notwithstanding subparagraph (b)3., developmental
   65  educational courses.
   66         (d) The Adjutant General shall adopt rules for the overall
   67  policy, guidance, administration, implementation, and proper use
   68  of the program. Such rules must include, but need not be limited
   69  to:
   70         1. Guidelines for certification by the Adjutant General of
   71  a guard member’s eligibility. Such guidelines must specify that
   72  a guard member who has earned an associate, bachelor’s, or
   73  master’s degree through the program or before becoming a member
   74  of the Florida National Guard is still eligible to participate
   75  in the program.
   76         2. Procedures for notification to a postsecondary
   77  institution or technical center of a guard member’s termination
   78  of eligibility.
   79         3. Guidelines for approving courses of study that are
   80  authorized for the program, including online courses, industry
   81  certification training, doctoral and professional courses for
   82  such programs, and continuing education to maintain license
   83  certifications.
   84         4. Guidelines for approving the use of program funds for
   85  licensing and industry certification examination fees.
   86         5. Procedures for restitution when a guard member fails to
   87  comply with the penalties described in this section.
   88         6. Procedures that require a public or nonpublic
   89  postsecondary institution or technical center that receives
   90  funding from the program to provide information regarding course
   91  enrollment, course withdrawal, course cancellation, course
   92  completion, course failure, and grade verification of enrolled
   93  members to the education service office of the Department of
   94  Military Affairs.
   95         7. Guidelines for the payment of tuition and fees, not to
   96  exceed the highest in-state tuition rate charged by a public
   97  postsecondary institution in the state.
   98         (8) Subject to appropriations, the Department of Military
   99  Affairs may pay the full cost of tuition and fees for required
  100  courses for current members of the Florida National Guard.
  101  However, the department may only pay the tuition and fees for up
  102  to 50 percent of the required courses for a doctoral or
  103  professional degree program for current members of the Florida
  104  National Guard. Members are eligible to use the program upon
  105  enlistment in the Florida National Guard. If a member is
  106  enrolled in a nonpublic postsecondary education institution or a
  107  nonpublic vocational-technical program, the Department of
  108  Military Affairs shall pay an amount that may not exceed the
  109  rate of the highest in-state tuition and fees at a public
  110  postsecondary education institution or public vocational
  111  technical program.
  112         (a) The Adjutant General shall give preference and priority
  113  to eligible members who have deployed on federal military orders
  114  while a member of the Florida National Guard.
  115         (b) The Department of Military Affairs may reimburse a
  116  member for student textbook and instructional material costs in
  117  accordance with limits set each fiscal year based on funding
  118  availability and regardless of the source of tuition funding,
  119  but only after tuition and fees for all eligible members are
  120  paid for that fiscal year.
  121         (c) Penalties for noncompliance with program requirements
  122  include, but are not limited to, the following:
  123         1. If a member of the Florida National Guard receives
  124  payment of tuition and fees for an academic term and fails to
  125  maintain satisfactory participation in the Florida National
  126  Guard during that academic term, the member shall reimburse the
  127  Department of Military Affairs all tuition charges and student
  128  fees for the academic term for which the member received
  129  payment.
  130         2. If a member of the Florida National Guard leaves the
  131  Florida National Guard during the period specified in the
  132  member’s enlistment or reenlistment contract, the member shall
  133  reimburse the Department of Military Affairs all tuition charges
  134  and student fees for which the member received payments,
  135  regardless of whether the obligation to reimburse the department
  136  was incurred before, on, or after July 1, 2009, unless the
  137  Adjutant General finds that there are justifiable extenuating
  138  circumstances.
  139         3. If the service of a member of the Florida National Guard
  140  is terminated or the member is placed on scholastic probation
  141  while receiving payments, the member shall reimburse the
  142  Department of Military Affairs all tuition charges and student
  143  fees for the academic term for which the member received
  144  payment.
  145         4. If a member defaults on any reimbursement made under
  146  this paragraph, the department may charge the member the maximum
  147  interest rate authorized by law.
  148         Section 2. This act shall take effect July 1, 2019.