HB 1189

1
A bill to be entitled
2An act relating to the education of children of deceased
3or disabled veterans; amending s. 295.01, F.S.; extending
4the opportunity to receive postsecondary educational
5benefits at state expense to the dependent children of
6certain dead or disabled veterans who were Florida
7residents when the death or disability occurred;
8decreasing the minimum required length of the parent's
9residency; amending s. 295.0185, F.S.; providing
10educational opportunity at state expense for dependent
11children of military personnel who die or suffer a
12specified disability in Operation Iraqi Freedom; amending
13s. 295.02, F.S.; authorizing the use of funds for
14educational opportunities for the children of certain
15deceased and disabled veterans; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 295.01, Florida Statutes, is amended to
21read:
22     295.01  Children of deceased or disabled veterans;
23education.--
24     (1)  It is hereby declared to be the policy of the state to
25provide educational opportunity at state expense for dependent
26children either of whose parents was a resident of the state at
27the time such parent entered the Armed Forces and:
28     (a)  Died as a result of service-connected injuries,
29disease, or disability sustained while on active duty; or
30     (b)  Has been:
31     1.  Determined by the United States Department of Veterans
32Affairs or its predecessor to have a service-connected 100-
33percent total and permanent disability rating for compensation;
34     2.  Determined to have a service-connected total and
35permanent disability rating of 100 percent and is in receipt of
36disability retirement pay from any branch of the United States
37Armed Services; or
38     3.  Issued a valid identification card by the Department of
39Veterans' Affairs in accordance with s. 295.17,
40
41when the parents of such children have been bona fide residents
42of the state for 1 year immediately 5 years next preceding the
43death or occurrence of such disability their application for the
44benefits hereof, and subject to the rules, restrictions, and
45limitations set forth in this section hereof.
46     (2)  Sections The provisions of ss. 295.03, 295.04, 295.05,
47and 1009.40 shall apply.
48     (3)  The State Board of Education shall adopt rules for
49administering this section.
50     Section 2.  Section 295.0185, Florida Statutes, is amended
51to read:
52     295.0185  Children of deceased or disabled military
53personnel who die or become disabled in Operation Enduring
54Freedom; or Operation Iraqi Freedom; educational opportunity.--
55     (1)  It is declared to be the policy of the state to
56provide educational opportunity at state expense for the
57dependent children of those military personnel who die or suffer
58a service-connected 100-percent total and permanent disability
59rating for compensation as determined by the United States
60Department of Veterans Affairs, or who are determined
61to have a service-connected total and permanent disability
62rating of 100 percent and are in receipt of disability
63retirement pay from any branch of the United States Armed
64Services, while participating in Operation Enduring Freedom,
65which began on October 7, 2001, or while participating in
66Operation Iraqi Freedom, which began on March 19, 2003, if such
67military personnel have been residents of the state during the
68period of military action. A certified copy of a death
69certificate, a valid identification card issued in accordance
70with the provisions of s. 295.17, a letter certifying the
71service-connected 100-percent total and permanent disability
72rating for compensation from the United States Department of
73Veterans Affairs, or a letter certifying the service-connected
74total and permanent disability rating of 100 percent for
75retirement pay from any branch of the United States Armed
76Services is prima facie evidence that the dependent children of
77such military personnel are eligible for educational benefits.
78     (2)  Sections The provisions of ss. 295.03, 295.04, 295.05,
79and 1009.40 apply.
80     Section 3.  Section 295.02, Florida Statutes, is amended to
81read:
82     295.02  Use of funds; age, etc.--All sums appropriated and
83expended under this chapter shall be used to pay tuition and
84registration fees, board, and room rent and to buy books and
85supplies for the children of deceased or disabled veterans or
86service members, as defined and limited in s. 295.01, s.
87295.016, s. 295.017, s. 295.018, s. 295.0185, or s. 295.0195, or
88of parents classified as prisoners of war or missing in action,
89as defined and limited in s. 295.015, who are between the ages
90of 16 and 22 years and who are in attendance at a state-
91supported institution of higher learning, including a community
92college or career center. Any child having entered upon a course
93of training or education under the provisions of this chapter,
94consisting of a course of not more than 4 years, and arriving at
95the age of 22 years before the completion of such course may
96continue the course and receive all benefits of the provisions
97of this chapter until the course is completed. The Department of
98Education shall administer this educational program subject to
99regulations of the department.
100     Section 4.  This act shall take effect July 1, 2005.


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