Senate Bill sb2034

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    Florida Senate - 2006                                  SB 2034

    By Senator Baker





    20-1319-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to educational opportunities

  3         for children and spouses of deceased or

  4         disabled veterans and servicemembers; amending

  5         s. 295.01, F.S.; providing that it is the

  6         declared policy of the state to provide

  7         educational opportunity at state expense for

  8         spouses of deceased or disabled servicemembers;

  9         providing criteria for qualification for such

10         benefits for unremarried spouses of deceased

11         servicemembers and dependent spouses of

12         disabled servicemembers; specifying uses of

13         funds appropriated for such educational

14         opportunities; amending s. 295.03, F.S.,

15         relating to withdrawal of benefits upon failure

16         to comply with minimum educational

17         requirements; revising terminology; amending s.

18         295.05, F.S., relating to enrollment as a

19         prerequisite to receipt of benefits; revising

20         terminology; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 295.01, Florida Statutes, is

25  amended to read:

26         295.01  Children of deceased or disabled veterans;

27  spouses of deceased or disabled servicemembers; education.--

28         (1)  It is hereby declared to be the policy of the

29  state to provide educational opportunity at state expense for

30  dependent children either of whose parents entered the Armed

31  Forces and:

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    Florida Senate - 2006                                  SB 2034
    20-1319-06                                              See HB




 1         (a)  Died as a result of service-connected injuries,

 2  disease, or disability sustained while on active duty; or

 3         (b)  Has been:

 4         1.  Determined by the United States Department of

 5  Veterans Affairs or its predecessor to have a

 6  service-connected 100-percent total and permanent disability

 7  rating for compensation;

 8         2.  Determined to have a service-connected total and

 9  permanent disability rating of 100 percent and is in receipt

10  of disability retirement pay from any branch of the United

11  States Armed Services; or

12         3.  Issued a valid identification card by the

13  Department of Veterans' Affairs in accordance with s. 295.17,

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15  when the parents of such children have been bona fide

16  residents of the state for 1 year immediately preceding the

17  death or occurrence of such disability, and subject to the

18  rules, restrictions, and limitations set forth in this

19  section.

20         (2)  It is also the declared policy of the state to

21  provide educational opportunity at state expense for spouses

22  of deceased or disabled servicemembers.

23         (a)  The unremarried spouse of a deceased

24  servicemember, as defined in s. 250.01, qualifies for the

25  benefits under this section:

26         1.  If the servicemember and his or her spouse had been

27  residents of the state for 1 year immediately preceding the

28  servicemember's death and the servicemember's death occurred

29  under the circumstances provided in subsection (1); and

30         2.  If the unremarried spouse applies to use the

31  benefit within 5 years after the servicemember's death.

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    Florida Senate - 2006                                  SB 2034
    20-1319-06                                              See HB




 1         (b)  The dependent spouse of a disabled servicemember,

 2  as defined in s. 250.01, qualifies for the benefits under this

 3  section:

 4         1.  If the servicemember and his or her spouse have

 5  been married to each other for 1 year; and

 6         2.  If the servicemember and his or her spouse have

 7  been residents of the state for 1 year immediately preceding

 8  the occurrence of the servicemember's disability and the

 9  disability meets the criteria set forth in subsection (1); and

10         3.  Only during the duration of the marriage and up to

11  the point of termination of the marriage by dissolution or

12  annulment.

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14  Notwithstanding s. 295.02, funds appropriated to carry out the

15  provisions of this subsection may only be used for tuition and

16  registration fees at state-supported institutions of higher

17  learning, including community colleges and career centers. All

18  rules, restrictions, and limitations set forth in this section

19  shall apply.

20         (3)(2)  Sections 295.03, 295.04, 295.05, and 1009.40

21  shall apply.

22         (4)(3)  The State Board of Education shall adopt rules

23  for administering this section.

24         Section 2.  Section 295.03, Florida Statutes, is

25  amended to read:

26         295.03  Minimum requirements.--Upon failure of any

27  student child benefited by the provisions of this chapter to

28  comply with the ordinary and minimum requirements of the

29  institution attended, both as to discipline and scholarship,

30  the benefits thereof shall be withdrawn as to the student

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    Florida Senate - 2006                                  SB 2034
    20-1319-06                                              See HB




 1  child and no further moneys expended for his or her benefits

 2  so long as such failure or delinquency continues.

 3         Section 3.  Section 295.05, Florida Statutes, is

 4  amended to read:

 5         295.05  Admission; enrollment.--Eligibility for

 6  admission is not affected by this chapter, but all students

 7  children receiving benefits under this chapter shall be

 8  enrolled according to the customary rules and requirements of

 9  the institution attended.

10         Section 4.  This act shall take effect July 1, 2006.

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