Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 550
       
       
       
       
       
       
                                Ì756988tÎ756988                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2023           .                                
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 311
    4  and insert:
    5         (1)As used in this section, the terms “Armed Forces” and
    6  “servicemember” shall have the same meanings as provided in s.
    7  250.01.
    8         (2)(a)(1) It is the policy of the state to provide
    9  educational opportunity at state expense for a dependent child,
   10  as defined in s. 1009.21(1), of a servicemember who children
   11  either of whose parents entered the Armed Forces and:
   12         1.(a) Died as a result of service-connected injuries,
   13  disease, or disability sustained while on active duty; or
   14         2.(b) Has been:
   15         a.1. Determined by the United States Department of Veterans
   16  Affairs or its predecessor to have a service-connected 100
   17  percent total and permanent disability rating for compensation;
   18         b.2. Determined to have a service-connected total and
   19  permanent disability rating of 100 percent and is in receipt of
   20  disability retirement pay from any branch of the United States
   21  Armed Forces Services; or
   22         c.3. Issued a valid identification card by the Department
   23  of Veterans’ Affairs in accordance with s. 295.17,
   24  
   25  when the parents of such children have been residents of the
   26  state for 1 year immediately preceding the death or the
   27  occurrence of such disability, and subject to the rules,
   28  restrictions, and limitations set forth in this section.
   29         (b)The dependent child of a deceased servicemember is
   30  eligible for educational benefits under this section if:
   31         1.Immediately preceding the death of the servicemember,
   32  Florida was listed as the servicemember’s official home of
   33  record in the Defense Enrollment Eligibility Reporting System
   34  (DEERS) database for at least 6 months; or
   35         2.The child qualifies as a resident for tuition purposes
   36  under s. 1009.21.
   37         (c)The dependent child of a disabled servicemember is
   38  eligible for educational benefits under this section if:
   39         1.Immediately preceding the occurrence of the
   40  servicemember’s disability, Florida was listed as the
   41  servicemember’s official home of record in the Defense
   42  Enrollment Eligibility Reporting System (DEERS) database for at
   43  least 6 months; or
   44         2.The child qualifies as a resident for tuition purposes
   45  under s. 1009.21 and the servicemember has been a resident of
   46  this state for at least 6 months.
   47  
   48  All rules, restrictions, and limitations set forth in this
   49  section shall apply.
   50         (3)(2) It is also the declared policy of the this state to
   51  provide educational opportunity at state expense for spouses of
   52  deceased or disabled servicemembers.
   53         (a) The unremarried spouse of a deceased servicemember is
   54  eligible for educational, as defined in s. 250.01, qualifies for
   55  the benefits under this section:
   56         1.If the servicemember and his or her spouse had been
   57  residents of the state for 1 year immediately preceding the
   58  servicemember’s death and the servicemember’s death occurred
   59  under the circumstances provided in subsection (1); and
   60         2. if the unremarried spouse applies to use the benefit
   61  within 5 years after the servicemember’s death and:
   62         1.Immediately preceding the servicemember’s death, Florida
   63  was listed as the servicemember’s official home of record in the
   64  Defense Enrollment Eligibility Reporting System (DEERS) database
   65  for at least 6 months; or
   66         2.The spouse qualifies as a resident for tuition purposes
   67  under s. 1009.21.
   68         (b) The dependent spouse of a disabled servicemember is
   69  eligible for educational, as defined in s. 250.01, qualifies for
   70  the benefits under this section:
   71         1. if the servicemember and his or her spouse have been
   72  married to each other for 1 year; and:
   73         1.2.If the servicemember and his or her spouse have been
   74  residents of the state for 1 year Immediately preceding the
   75  occurrence of the servicemember’s disability, Florida was listed
   76  as the servicemember’s official home of record in the Defense
   77  Enrollment Eligibility Reporting System (DEERS) database for at
   78  least 6 months; or
   79         2.The spouse qualifies as a resident for tuition purposes
   80  under s. 1009.21 and the servicemember has been a resident of
   81  this state for at least 6 months. and the disability meets the
   82  criteria set forth in subsection (1); and
   83         (c)3.The eligibility for educational benefits under
   84  paragraph (b) applies only during the duration of the marriage
   85  and up to the point of termination of the marriage by
   86  dissolution or annulment.
   87  
   88  All rules, restrictions, and limitations set forth in this
   89  section shall apply.
   90         (4)(3) Sections 295.03-295.05 and 1009.40 shall apply.
   91         (5)(4) The State Board of Education shall adopt rules for
   92  administering this section.
   93         (6)(5) A child or spouse of a servicemember may receive
   94  benefits under either this section or s. 295.061.
   95         Section 2. Section 295.015, Florida Statutes, is amended to
   96  read:
   97         295.015 Children of prisoners of war and persons missing in
   98  action; education.—
   99         (1) It is hereby declared to be the policy of the state to
  100  provide educational opportunity at state expense for a dependent
  101  child of a parent who children either of whose parents has been
  102  classified as a prisoner of war or missing in action in the
  103  service of the United States Armed Forces of the United States
  104  or in the capacity of civilian personnel captured while serving
  105  with the consent or authorization of the United States
  106  Government. Such educational opportunity shall be provided until
  107  such time as the parent so classified is returned alive or the
  108  parent’s remains are recovered.
  109         (2)A dependent child is eligible for educational benefits
  110  under this section if:
  111         (a)Immediately; provided that, in order to be eligible,
  112  the parents of such children must have been residents of the
  113  state for 1 year preceding the event that led to the parent’s
  114  classification as a prisoner of war or missing in action by the
  115  United States Government, Florida was listed as the parent’s
  116  official home of record in the Defense Enrollment Eligibility
  117  Reporting System (DEERS) database for at least 6 months; or
  118         (b)The child qualifies as a resident for tuition purposes
  119  under s. 1009.21 and the parent has been a resident of this
  120  state for at least 6 months.
  121         (3)(2)Sections 295.03-295.05 The provisions of ss. 295.03
  122  295.05 and 1009.40 shall apply.
  123         Section 3. Section 295.016, Florida Statutes, is amended to
  124  read:
  125         295.016 Children of servicemembers who died or became
  126  disabled in Operation Eagle Claw; education.—
  127         (1) It is the hereby declared to be a policy of the state
  128  to provide educational opportunity at state expense for a the
  129  dependent child children of a any servicemember who died or
  130  suffered a service-connected 100-percent total and permanent
  131  disability rating for compensation as determined by the United
  132  States Department of Veterans Affairs, or who has been
  133  determined to have a service-connected total and permanent
  134  disability rating of 100 percent and is in receipt of disability
  135  retirement pay from any branch of the United States Armed Forces
  136  Services, while participating in the Iranian rescue mission
  137  known as Operation Eagle Claw, which servicemember was residing
  138  in the state on April 25, 1980.
  139         (a) A certified copy of a death certificate, a valid
  140  identification card issued by the Department of Veterans’
  141  Affairs in accordance with s. 295.17, a letter certifying the
  142  service-connected 100-percent total and permanent disability
  143  rating for compensation from the United States Department of
  144  Veterans Affairs, or a letter certifying the service-connected
  145  total and permanent disability rating of 100 percent for
  146  retirement pay from any branch of the United States Armed Forces
  147  is Services shall be prima facie evidence of the fact that the
  148  dependent child children of the servicemember is are eligible
  149  for educational such benefits.
  150         (b)In addition to the requirement provided in paragraph
  151  (a), a dependent child is eligible for educational benefits
  152  under this section if:
  153         1.On April 25, 1980, Florida was listed as the
  154  servicemember’s official home of record in the Defense
  155  Enrollment Eligibility Reporting System (DEERS) database; or
  156         2.The child qualifies as a resident for tuition purposes
  157  under s. 1009.21 and the servicemember, if living, has been a
  158  resident of this state for at least 6 months.
  159         (2) Sections 295.03-295.05 The provisions of ss. 295.03
  160  295.05 and 1009.40 shall apply.
  161         Section 4. Section 295.017, Florida Statutes, is amended to
  162  read:
  163         295.017 Children of servicemembers who died or became
  164  disabled in the Lebanon and Grenada military arenas; education
  165  educational opportunity.—
  166         (1) It is hereby declared to be the policy of the state to
  167  provide educational opportunity at state expense for a the
  168  dependent child children of a any servicemember who died or
  169  suffered a service-connected 100-percent total and permanent
  170  disability rating for compensation as determined by the United
  171  States Department of Veterans Affairs, or who has been
  172  determined to have a service-connected total and permanent
  173  disability rating of 100 percent and is in receipt of disability
  174  retirement pay from any branch of the United States Armed Forces
  175  Services, while participating in a Multinational Peace Keeping
  176  Force in Lebanon during the period from September 17, 1982,
  177  through February 3, 1984, inclusive, or while participating as a
  178  participant in Operation Urgent Fury in Grenada during the
  179  period from October 23, 1983, through November 2, 1983,
  180  inclusive, which servicemember was residing in the state during
  181  those periods of military action.
  182         (a) A certified copy of a death certificate, a valid
  183  identification card issued by the Department of Veterans’
  184  Affairs in accordance with the provisions of s. 295.17, a letter
  185  certifying the service-connected 100-percent total and permanent
  186  disability rating for compensation from the United States
  187  Department of Veterans Affairs, or a letter certifying the
  188  service-connected total and permanent disability rating of 100
  189  percent for retirement pay from any branch of the United States
  190  Armed Forces is Services shall be prima facie evidence of the
  191  fact that the dependent child children of the servicemember is
  192  are eligible for educational such benefits.
  193         (b)In addition to the requirement provided in paragraph
  194  (a), a dependent child is eligible for educational benefits
  195  under this section if:
  196         1.During either period of military action, Florida was
  197  listed as the servicemember’s official home of record in the
  198  Defense Enrollment Eligibility Reporting System (DEERS)
  199  database; or
  200         2.The child qualifies as a resident for tuition purposes
  201  under s. 1009.21 and the servicemember, if living, has been a
  202  resident of this state for at least 6 months.
  203         (2) Sections 295.03-295.05 The provisions of ss. 295.03
  204  295.05 and 1009.40 shall apply.
  205         Section 5. Section 295.0185, Florida Statutes, is amended
  206  to read:
  207         295.0185 Children of servicemembers who died or became
  208  deceased or disabled military personnel who die or become
  209  disabled in Operation Enduring Freedom or Operation Iraqi
  210  Freedom; education educational opportunity.—
  211         (1) It is declared to be the policy of the state to provide
  212  educational opportunity at state expense for a the dependent
  213  child children of a servicemember who died or suffered those
  214  military personnel who die or suffer a service-connected 100
  215  percent total and permanent disability rating for compensation
  216  as determined by the United States Department of Veterans
  217  Affairs, or who has been are determined to have a service
  218  connected total and permanent disability rating of 100 percent
  219  and is are in receipt of disability retirement pay from any
  220  branch of the United States Armed Forces Services, while
  221  participating in Operation Enduring Freedom, which began on
  222  October 7, 2001, or while participating in Operation Iraqi
  223  Freedom, which began on March 19, 2003, if such military
  224  personnel have been residents of the state during the period of
  225  military action.
  226         (a) A certified copy of a death certificate, a valid
  227  identification card issued by the Department of Veterans’
  228  Affairs in accordance with the provisions of s. 295.17, a letter
  229  certifying the service-connected 100-percent total and permanent
  230  disability rating for compensation from the United States
  231  Department of Veterans Affairs, or a letter certifying the
  232  service-connected total and permanent disability rating of 100
  233  percent for retirement pay from any branch of the United States
  234  Armed Forces Services is prima facie evidence that the dependent
  235  child children of such servicemember is military personnel are
  236  eligible for educational benefits.
  237         (b)In addition to the requirement provided in paragraph
  238  (a), a dependent child is eligible for educational benefits
  239  under this section if:
  240         1.During either period of military action, Florida was
  241  listed as the servicemember’s official home of record in the
  242  Defense Enrollment Eligibility Reporting System (DEERS)
  243  database; or
  244         2.The dependent child qualifies as a resident for tuition
  245  purposes under s. 1009.21 and the servicemember, if living, has
  246  been a resident of this state for at least 6 months.
  247         (2) Sections 295.03-295.05 and 1009.40 shall apply.
  248         Section 6. Section 295.0195, Florida Statutes, is amended
  249  to read:
  250         295.0195 Children of servicemembers deceased or disabled
  251  military personnel who died or became disabled in the Mideast
  252  Persian Gulf military arena during hostilities with Iraq or in
  253  the military action in Panama known as Operation Just Cause;
  254  education.—
  255         (1) It is hereby declared to be the policy of the state to
  256  provide educational opportunity at state expense for a the
  257  dependent child children of a servicemember those military
  258  personnel who died or suffered a service-connected 100-percent
  259  total and permanent disability rating for compensation as
  260  determined by the United States Department of Veterans Affairs,
  261  or who has have been determined to have a service-connected
  262  total and permanent disability rating of 100 percent and is are
  263  in receipt of disability retirement pay from any branch of the
  264  United States Armed Forces, while participating in the Mideast
  265  Persian Gulf arena during hostilities with Iraq, which began as
  266  Operation Desert Shield on August 5, 1990, through cessation of
  267  those hostilities, inclusive, or while participating in the
  268  military action in Panama known as Operation Just Cause during
  269  December 1989, if such military personnel were residents of the
  270  state during the period of military action.
  271         (a) A certified copy of a death certificate, a valid
  272  identification card issued by the Department of Veterans’
  273  Affairs in accordance with the provisions of s. 295.17, a letter
  274  certifying the service-connected 100-percent total and permanent
  275  disability rating for compensation from the United States
  276  Department of Veterans Affairs, or a letter certifying the
  277  service-connected total and permanent disability rating of 100
  278  percent for retirement pay from any branch of the United States
  279  Armed Forces is shall be prima facie evidence of the fact that
  280  the dependent child children of such servicemember is military
  281  personnel are eligible for educational benefits.
  282         (b)In addition to the requirement provided in paragraph
  283  (a), a dependent child is eligible for educational benefits
  284  under this section if:
  285         1.During either period of military action, Florida was
  286  listed as the servicemember’s official home of record in the
  287  Defense Enrollment Eligibility Reporting System (DEERS)
  288  database; or
  289         2.The child qualifies as a resident for tuition purposes
  290  under s. 1009.21 and the servicemember, if living, has been a
  291  resident of this state for at least 6 months.
  292  
  293  ================= T I T L E  A M E N D M E N T ================
  294  And the title is amended as follows:
  295         Delete line 5
  296  and insert:
  297         defining terms; revising