| 1 | A bill to be entitled |
| 2 | An act relating to educational opportunities for children |
| 3 | and spouses of deceased or disabled veterans and |
| 4 | servicemembers; amending s. 295.01, F.S.; providing that |
| 5 | it is the declared policy of the state to provide |
| 6 | educational opportunity at state expense for spouses of |
| 7 | deceased or disabled servicemembers; providing criteria |
| 8 | for qualification for such benefits for unremarried |
| 9 | spouses of deceased servicemembers and dependent spouses |
| 10 | of disabled servicemembers; specifying uses of funds |
| 11 | appropriated for such educational opportunities; amending |
| 12 | s. 295.03, F.S., relating to withdrawal of benefits upon |
| 13 | failure to comply with minimum educational requirements; |
| 14 | revising terminology; amending s. 295.05, F.S., relating |
| 15 | to enrollment as a prerequisite to receipt of benefits; |
| 16 | revising terminology; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 295.01, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 295.01 Children of deceased or disabled veterans; spouses |
| 23 | of deceased or disabled servicemembers; education.-- |
| 24 | (1) It is hereby declared to be the policy of the state to |
| 25 | provide educational opportunity at state expense for dependent |
| 26 | children either of whose parents entered the Armed Forces and: |
| 27 | (a) Died as a result of service-connected injuries, |
| 28 | disease, or disability sustained while on active duty; or |
| 29 | (b) Has been: |
| 30 | 1. Determined by the United States Department of Veterans |
| 31 | Affairs or its predecessor to have a service-connected 100- |
| 32 | percent total and permanent disability rating for compensation; |
| 33 | 2. Determined to have a service-connected total and |
| 34 | permanent disability rating of 100 percent and is in receipt of |
| 35 | disability retirement pay from any branch of the United States |
| 36 | Armed Services; or |
| 37 | 3. Issued a valid identification card by the Department of |
| 38 | Veterans' Affairs in accordance with s. 295.17, |
| 39 |
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| 40 | when the parents of such children have been bona fide residents |
| 41 | of the state for 1 year immediately preceding the death or |
| 42 | occurrence of such disability, and subject to the rules, |
| 43 | restrictions, and limitations set forth in this section. |
| 44 | (2) It is also the declared policy of the state to provide |
| 45 | educational opportunity at state expense for spouses of deceased |
| 46 | or disabled servicemembers. |
| 47 | (a) The unremarried spouse of a deceased servicemember, as |
| 48 | defined in s. 250.01, qualifies for the benefits under this |
| 49 | section: |
| 50 | 1. If the servicemember and his or her spouse had been |
| 51 | residents of the state for 1 year immediately preceding the |
| 52 | servicemember's death and the servicemember's death occurred |
| 53 | under the circumstances provided in subsection (1); and |
| 54 | 2. If the unremarried spouse applies to use the benefit |
| 55 | within 5 years after the servicemember's death. |
| 56 | (b) The dependent spouse of a disabled servicemember, as |
| 57 | defined in s. 250.01, qualifies for the benefits under this |
| 58 | section: |
| 59 | 1. If the servicemember and his or her spouse have been |
| 60 | married to each other for 1 year; and |
| 61 | 2. If the servicemember and his or her spouse have been |
| 62 | residents of the state for 1 year immediately preceding the |
| 63 | occurrence of the servicemember's disability and the disability |
| 64 | meets the criteria set forth in subsection (1); and |
| 65 | 3. Only during the duration of the marriage and up to the |
| 66 | point of termination of the marriage by dissolution or |
| 67 | annulment. |
| 68 |
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| 69 | Notwithstanding s. 295.02, funds appropriated to carry out the |
| 70 | provisions of this subsection may only be used for tuition and |
| 71 | registration fees at state-supported institutions of higher |
| 72 | learning, including community colleges and career centers. All |
| 73 | rules, restrictions, and limitations set forth in this section |
| 74 | shall apply. |
| 75 | (3)(2) Sections 295.03, 295.04, 295.05, and 1009.40 shall |
| 76 | apply. |
| 77 | (4)(3) The State Board of Education shall adopt rules for |
| 78 | administering this section. |
| 79 | Section 2. Section 295.03, Florida Statutes, is amended to |
| 80 | read: |
| 81 | 295.03 Minimum requirements.--Upon failure of any student |
| 82 | child benefited by the provisions of this chapter to comply with |
| 83 | the ordinary and minimum requirements of the institution |
| 84 | attended, both as to discipline and scholarship, the benefits |
| 85 | thereof shall be withdrawn as to the student child and no |
| 86 | further moneys expended for his or her benefits so long as such |
| 87 | failure or delinquency continues. |
| 88 | Section 3. Section 295.05, Florida Statutes, is amended to |
| 89 | read: |
| 90 | 295.05 Admission; enrollment.--Eligibility for admission |
| 91 | is not affected by this chapter, but all students children |
| 92 | receiving benefits under this chapter shall be enrolled |
| 93 | according to the customary rules and requirements of the |
| 94 | institution attended. |
| 95 | Section 4. This act shall take effect July 1, 2006. |