HB 1065

CS

CHAMBER ACTION

1	The Education Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to educational opportunities for children
8	and spouses of deceased or disabled veterans and
9	servicemembers; amending s. 295.01, F.S.; providing that
10	it is the declared policy of the state to provide
11	educational opportunity at state expense for spouses of
12	deceased or disabled servicemembers; providing criteria
13	for qualification for such benefits for unremarried
14	spouses of deceased servicemembers and dependent spouses
15	of disabled servicemembers; amending s. 295.02, F.S.;
16	specifying uses of funds appropriated for such educational
17	opportunities; amending s. 295.03, F.S., relating to
18	withdrawal of benefits upon failure to comply with minimum
19	educational requirements; revising terminology; amending
20	s. 295.05, F.S., relating to enrollment as a prerequisite
21	to receipt of benefits; revising terminology; amending s.
22	295.015, F.S.; removing a limitation with respect to the
23	provision of educational opportunity at state expense for
24	dependent children either of whose parents became
25	classified as prisoners of war or missing in action in the
26	service of the Armed Forces of the United States or
27	civilian personnel captured while serving with the consent
28	or authorization of the United States Government;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 295.01, Florida Statutes, is amended to
34	read:
35	295.01  Children of deceased or disabled veterans; spouses
36	of deceased or disabled servicemembers; education.--
37	(1)  It is hereby declared to be the policy of the state to
38	provide educational opportunity at state expense for dependent
39	children either of whose parents entered the Armed Forces and:
40	(a)  Died as a result of service-connected injuries,
41	disease, or disability sustained while on active duty; or
42	(b)  Has been:
43	1.  Determined by the United States Department of Veterans
44	Affairs or its predecessor to have a service-connected 100-
45	percent total and permanent disability rating for compensation;
46	2.  Determined to have a service-connected total and
47	permanent disability rating of 100 percent and is in receipt of
48	disability retirement pay from any branch of the United States
49	Armed Services; or
50	3.  Issued a valid identification card by the Department of
51	Veterans' Affairs in accordance with s. 295.17,
52
53	when the parents of such children have been bona fide residents
54	of the state for 1 year immediately preceding the death or
55	occurrence of such disability, and subject to the rules,
56	restrictions, and limitations set forth in this section.
57	(2)  It is also the declared policy of the state to provide
58	educational opportunity at state expense for spouses of deceased
59	or disabled servicemembers.
60	(a)  The unremarried spouse of a deceased servicemember, as
61	defined in s. 250.01, qualifies for the benefits under this
62	section:
63	1.  If the servicemember and his or her spouse had been
64	residents of the state for 1 year immediately preceding the
65	servicemember's death and the servicemember's death occurred
66	under the circumstances provided in subsection (1); and
67	2.  If the unremarried spouse applies to use the benefit
68	within 5 years after the servicemember's death.
69	(b)  The dependent spouse of a disabled servicemember, as
70	defined in s. 250.01, qualifies for the benefits under this
71	section:
72	1.  If the servicemember and his or her spouse have been
73	married to each other for 1 year; and
74	2.  If the servicemember and his or her spouse have been
75	residents of the state for 1 year immediately preceding the
76	occurrence of the servicemember's disability and the disability
77	meets the criteria set forth in subsection (1); and
78	3.  Only during the duration of the marriage and up to the
79	point of termination of the marriage by dissolution or
80	annulment.
81
82	All rules, restrictions, and limitations set forth in this
83	section shall apply.
84	(3)(2)  Sections 295.03, 295.04, 295.05, and 1009.40 shall
85	apply.
86	(4)(3)  The State Board of Education shall adopt rules for
87	administering this section.
88	Section 2.  Section 295.02, Florida Statutes, is amended to
89	read:
90	295.02  Use of funds; age, etc.--
91	(1)  All Sums appropriated and expended to carry out the
92	provisions of s. 295.01(1) under this chapter shall be used to
93	pay tuition and registration fees, board, and room rent and to
94	buy books and supplies for the children of deceased or disabled
95	veterans or service members, as defined and limited in s.
96	295.01, s. 295.016, s. 295.017, s. 295.018, s. 295.0185, or s.
97	295.0195, or of parents classified as prisoners of war or
98	missing in action, as defined and limited in s. 295.015, who are
99	between the ages of 16 and 22 years and who are in attendance at
100	a state-supported institution of higher learning, including a
101	community college or career center. Any child having entered
102	upon a course of training or education under the provisions of
103	this chapter, consisting of a course of not more than 4 years,
104	and arriving at the age of 22 years before the completion of
105	such course may continue the course and receive all benefits of
106	the provisions of this chapter until the course is completed.
107	(2)  Sums appropriated and expended to carry out the
108	provisions of s. 295.01(2) shall be used to pay tuition and
109	registration fees for the spouses of deceased or disabled
110	veterans or servicemembers, as defined and limited in s. 295.01,
111	who are enrolled at a state-supported institution of higher
112	learning, including a community college or career center.
113	Notwithstanding the benefits disbursement provision in s.
114	295.04, such funds shall be applicable for up to 110 percent of
115	the number of required credit hours of an initial baccalaureate
116	degree or certificate program for which the spouse is enrolled.
117	(3)  The Department of Education shall administer this
118	educational program subject to regulations of the department.
119	Section 3.  Section 295.03, Florida Statutes, is amended to
120	read:
121	295.03  Minimum requirements.--Upon failure of any student
122	child benefited by the provisions of this chapter to comply with
123	the ordinary and minimum requirements of the institution
124	attended, both as to discipline and scholarship, the benefits
125	thereof shall be withdrawn as to the student child and no
126	further moneys expended for his or her benefits so long as such
127	failure or delinquency continues.
128	Section 4.  Section 295.05, Florida Statutes, is amended to
129	read:
130	295.05  Admission; enrollment.--Eligibility for admission
131	is not affected by this chapter, but all students children
132	receiving benefits under this chapter shall be enrolled
133	according to the customary rules and requirements of the
134	institution attended.
135	Section 5.  Section 295.015, Florida Statutes, is amended
136	to read:
137	295.015  Children of prisoners of war and persons missing
138	in action; education.--
139	(1)  It is hereby declared to be the policy of the state to
140	provide educational opportunity at state expense for dependent
141	children either of whose parents became classified as prisoners
142	of war or missing in action in the service of the Armed Forces
143	of the United States during the Korean Conflict or during the
144	Vietnam Era, as defined in s. 1.01(14), or civilian personnel
145	captured while serving with the consent or authorization of the
146	United States Government. Such educational opportunity shall be
147	provided until such time as the parent so classified is returned
148	alive or the parent's remains are recovered; provided that, in
149	order to be eligible, the parents of such children must have
150	been bona fide residents of the state for 5 years next preceding
151	their application for the benefits hereof and must be permanent
152	residents of the state on the effective date of this act.
153	(2)  The provisions of ss. 295.03, 295.04, 295.05, and
154	1009.40 shall apply.
155	Section 6.  This act shall take effect July 1, 2006.

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