HB 1065

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


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