Senate Bill sb2034c1

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    Florida Senate - 2006                           CS for SB 2034

    By the Committee on Education Appropriations; and Senator
    Baker




    602-2151-06

  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; amending s. 295.02,

13         F.S.; specifying uses of funds appropriated for

14         such educational opportunities; amending s.

15         295.03, F.S., relating to withdrawal of

16         benefits upon failure to comply with minimum

17         educational requirements; revising terminology;

18         amending s. 295.05, F.S., relating to

19         enrollment as a prerequisite to receipt of

20         benefits; revising terminology; providing an

21         effective date.

22  

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

24  

25         Section 1.  Section 295.01, Florida Statutes, is

26  amended to read:

27         295.01  Children of deceased or disabled veterans;

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

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

30  state to provide educational opportunity at state expense for

31  

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    Florida Senate - 2006                           CS for SB 2034
    602-2151-06




 1  dependent children either of whose parents entered the Armed

 2  Forces and:

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

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

 5         (b)  Has been:

 6         1.  Determined by the United States Department of

 7  Veterans Affairs or its predecessor to have a

 8  service-connected 100-percent total and permanent disability

 9  rating for compensation;

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

11  permanent disability rating of 100 percent and is in receipt

12  of disability retirement pay from any branch of the United

13  States Armed Services; or

14         3.  Issued a valid identification card by the

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

16  

17  when the parents of such children have been bona fide

18  residents of the state for 1 year immediately preceding the

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

20  rules, restrictions, and limitations set forth in this

21  section.

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

23  provide educational opportunity at state expense for spouses

24  of deceased or disabled servicemembers.

25         (a)  The unremarried spouse of a deceased

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

27  benefits under this section:

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

29  residents of the state for 1 year immediately preceding the

30  servicemember's death and the servicemember's death occurred

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

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    Florida Senate - 2006                           CS for SB 2034
    602-2151-06




 1         2.  If the unremarried spouse applies to use the

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

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

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

 5  section:

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

 7  been married to each other for 1 year; and

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

 9  been residents of the state for 1 year immediately preceding

10  the occurrence of the servicemember's disability and the

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

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

13  the point of termination of the marriage by dissolution or

14  annulment.

15  

16  All rules, restrictions, and limitations set forth in this

17  section shall apply.

18         (3)(2)  Sections 295.03, 295.04, 295.05, and 1009.40

19  shall apply.

20         (4)(3)  The State Board of Education shall adopt rules

21  for administering this section.

22         Section 2.  Section 295.02, Florida Statutes, is

23  amended to read:

24         295.02  Use of funds; age, etc.--

25         (1)  All Sums appropriated and expended to carry out

26  the provisions of s. 295.01(1) under this chapter shall be

27  used to pay tuition and registration fees, board, and room

28  rent and to buy books and supplies for the children of

29  deceased or disabled veterans or service members, as defined

30  and limited in s. 295.01, s. 295.016, s. 295.017, s. 295.018,

31  s. 295.0185, or s. 295.0195, or of parents classified as

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    Florida Senate - 2006                           CS for SB 2034
    602-2151-06




 1  prisoners of war or missing in action, as defined and limited

 2  in s. 295.015, who are between the ages of 16 and 22 years and

 3  who are in attendance at a state-supported institution of

 4  higher learning, including a community college or career

 5  center. Any child having entered upon a course of training or

 6  education under the provisions of this chapter, consisting of

 7  a course of not more than 4 years, and arriving at the age of

 8  22 years before the completion of such course may continue the

 9  course and receive all benefits of the provisions of this

10  chapter until the course is completed.

11         (2)  Sums appropriated and expended to carry out the

12  provisions of s. 295.01(2) shall be used to pay tuition and

13  registration fees for the spouses of deceased or disabled

14  veterans or servicemembers, as defined and limited in s.

15  295.01, who are enrolled at a state-supported institution of

16  higher learning, including a community college or career

17  center. Notwithstanding the benefits-disbursement provision in

18  s. 295.04, such funds shall be applicable for up to 110

19  percent of the number of required credit hours of an initial

20  baccalaureate degree or certificate program for which the

21  spouse is enrolled.

22         (3)  The Department of Education shall administer this

23  educational program subject to regulations of the department.

24         Section 3.  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

31  

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    Florida Senate - 2006                           CS for SB 2034
    602-2151-06




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

 2  so long as such failure or delinquency continues.

 3         Section 4.  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 5.  This act shall take effect July 1, 2006.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2034

14                                 

15  The Committee Substitute for SB 2034 provides that educational
    benefits for qualifying spouses of deceased or disabled
16  veterans or service members are limited to 110% of the
    required credit hours for the initial baccalaureate or
17  certificate program in which they enroll, and clarifies that
    age limitations established in S.295.02 for children of
18  deceased or disabled veterans to participate in educational
    benefits under the existing program do not apply to qualifying
19  spouses.

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