HB 1189

CS

CHAMBER ACTION

1	The Military & Veteran Affairs Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6
7	A bill to be entitled
8	An act relating to the education of children of deceased
9	or disabled veterans; amending s. 295.01, F.S.; extending
10	the opportunity to receive postsecondary educational
11	benefits at state expense to the dependent children of
12	certain dead or disabled veterans who were Florida
13	residents when the death or disability occurred;
14	decreasing the minimum required length of the parent's
15	residency; amending s. 295.0185, F.S.; providing
16	educational opportunity at state expense for dependent
17	children of military personnel who die or suffer a
18	specified disability in Operation Iraqi Freedom; amending
19	s. 295.02, F.S.; authorizing the use of funds for
20	educational opportunities for the children of certain
21	deceased and disabled veterans; providing an effective
22	date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 295.01, Florida Statutes, is amended to
27	read:
28	295.01  Children of deceased or disabled veterans;
29	education.--
30	(1)  It is hereby declared to be the policy of the state to
31	provide educational opportunity at state expense for dependent
32	children either of whose parents was a resident of the state at
33	the time such parent entered the Armed Forces and:
34	(a)  Died as a result of service-connected injuries,
35	disease, or disability sustained while on active duty; or
36	(b)  Has been:
37	1.  Determined by the United States Department of Veterans
38	Affairs or its predecessor to have a service-connected 100-
39	percent total and permanent disability rating for compensation;
40	2.  Determined to have a service-connected total and
41	permanent disability rating of 100 percent and is in receipt of
42	disability retirement pay from any branch of the United States
43	Armed Services; or
44	3.  Issued a valid identification card by the Department of
45	Veterans' Affairs in accordance with s. 295.17,
46
47	when the parents of such children have been bona fide residents
48	of the state for 1 year immediately 5 years next preceding the
49	death or occurrence of such disability their application for the
50	benefits hereof, and subject to the rules, restrictions, and
51	limitations set forth in this section hereof.
52	(2)  Sections The provisions of ss. 295.03, 295.04, 295.05,
53	and 1009.40 shall apply.
54	(3)  The State Board of Education shall adopt rules for
55	administering this section.
56	Section 2.  Section 295.0185, Florida Statutes, is amended
57	to read:
58	295.0185  Children of deceased or disabled military
59	personnel who die or become disabled in Operation Enduring
60	Freedom; or Operation Iraqi Freedom; educational opportunity.--
61	(1)  It is declared to be the policy of the state to
62	provide educational opportunity at state expense for the
63	dependent children of those military personnel who die or suffer
64	a service-connected 100-percent total and permanent disability
65	rating for compensation as determined by the United States
66	Department of Veterans Affairs, or who are determined
67	to have a service-connected total and permanent disability
68	rating of 100 percent and are in receipt of disability
69	retirement pay from any branch of the United States Armed
70	Services, while participating in Operation Enduring Freedom,
71	which began on October 7, 2001, or while participating in
72	Operation Iraqi Freedom, which began on March 19, 2003, if such
73	military personnel have been residents of the state during the
74	period of military action. A certified copy of a death
75	certificate, a valid identification card issued in accordance
76	with the provisions of s. 295.17, a letter certifying the
77	service-connected 100-percent total and permanent disability
78	rating for compensation from the United States Department of
79	Veterans Affairs, or a letter certifying the service-connected
80	total and permanent disability rating of 100 percent for
81	retirement pay from any branch of the United States Armed
82	Services is prima facie evidence that the dependent children of
83	such military personnel are eligible for educational benefits.
84	(2)  Sections The provisions of ss. 295.03, 295.04, 295.05,
85	and 1009.40 apply.
86	Section 3.  Section 295.02, Florida Statutes, is amended to
87	read:
88	295.02  Use of funds; age, etc.--All sums appropriated and
89	expended under this chapter shall be used to pay tuition and
90	registration fees, board, and room rent and to buy books and
91	supplies for the children of deceased or disabled veterans or
92	service members, as defined and limited in s. 295.01, s.
93	295.016, s. 295.017, s. 295.018, s. 295.0185, or s. 295.0195, or
94	of parents classified as prisoners of war or missing in action,
95	as defined and limited in s. 295.015, who are between the ages
96	of 16 and 22 years and who are in attendance at a state-
97	supported institution of higher learning, including a community
98	college or career center. Any child having entered upon a course
99	of training or education under the provisions of this chapter,
100	consisting of a course of not more than 4 years, and arriving at
101	the age of 22 years before the completion of such course may
102	continue the course and receive all benefits of the provisions
103	of this chapter until the course is completed. The Department of
104	Education shall administer this educational program subject to
105	regulations of the department.
106	Section 4.  This act shall take effect July 1, 2005.

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