Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 280430
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
04/20/2009 .
.
Floor: 3/RS/2R .
04/30/2009 11:25 AM .
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The Committee on Transportation and Economic Development
Appropriations (Fasano) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (7), (8), and (9) of section 250.10,
6 Florida Statutes, are amended to read:
7 250.10 Appointment and duties of the Adjutant General.—
8 (7) The Adjutant General, the Board of Governors of the
9 State University System, and the State Board of Education shall
10 develop an education assistance program programs for members in
11 good standing of the active Florida National Guard who enroll in
12 an authorized course of study at a public or nonpublic
13 institution of higher learning in the state which has been
14 accredited by an accrediting body recognized by the United
15 States Department of Education. This program shall be known as
16 the Educational Dollars for Duty program (EDD).
17 (a) The program programs shall set forth application
18 requirements, including, but not limited to, requirements that
19 the applicant:
20 1. Be 17 years of age or older.
21 2. Be presently domiciled in the state.
22 3. Be an active drilling a member and in good standing in
23 the active Florida National Guard at the beginning of and
24 throughout the entire academic term for which benefits are
25 received.
26 4. Maintain continuous satisfactory participation in the
27 active Florida National Guard for any school term for which
28 exemption benefits are received.
29 5. Upon enrollment in the a program specified in subsection
30 (8) or subsection (9), complete a memorandum of agreement to
31 comply with the rules of the program and serve in the active
32 Florida National Guard for the period specified in the member’s
33 enlistment or reenlistment contract 3 years after completion of
34 the studies for which an exemption is granted or tuition and
35 fees are paid.
36 (b) The program programs shall define those members of the
37 active Florida National Guard who are ineligible to participate
38 in the program and those courses of study which are not
39 authorized for the program.
40 1. Ineligible Such members include, but are not limited
41 to,:
42 a. any member, commissioned officer, warrant officer, or
43 enlisted person who has obtained a master’s degree using the
44 program a baccalaureate degree.
45 b. Any member who has 15 years or more of total military
46 service creditable toward retirement.
47 c. Any member who has not completed basic military
48 training.
49 2. Courses not authorized include noncredit courses,
50 courses that do not meet degree requirements, or courses that do
51 not meet requirements for completion of career training, or
52 other courses as determined by program definitions.
53 3. College-preparatory courses are authorized for the
54 program.
55 (c) The Adjutant General, together with the Board of
56 Governors of the State University System and the State Board of
57 Education, shall adopt rules for the overall policy, guidance,
58 administration, implementation, and proper use utilization of
59 the program. Such rules must include, but not be limited to,
60 guidelines for certification by the Adjutant General of a guard
61 member’s eligibility, procedures for notification to an
62 institution of a guard member’s termination of eligibility, and
63 procedures for restitution when a guard member fails to comply
64 with the penalties described in this section.
65 (8) The Department of Military Affairs may administer a
66 tuition exemption program, known as the State Tuition Exemption
67 Program (STEP), for members of the Florida National Guard who
68 qualify pursuant to subsection (7).
69 (a) Members of the Florida National Guard are exempt from
70 payment of one-half of tuition and fees, subject to the
71 following limitations:
72 1. A member may not participate in the STEP Program for
73 more than 10 years following the date of enrollment in the
74 tuition assistance program.
75 2. Florida National Guard members shall be admitted on a
76 space-available basis.
77 (b) Notwithstanding paragraph (a) and subject to
78 appropriations, the Department of Military Affairs may pay one
79 half the cost of tuition and fees for required courses for
80 members of the Florida National Guard if a member is unable to
81 obtain admittance on a space-available basis and, at least on
82 one previous occasion, the member was denied admission to the
83 required course.
84 (c) Courses not authorized include noncredit courses,
85 courses that do not meet degree requirements, or courses that do
86 not meet requirements for completing career training.
87 (d) Penalties for noncompliance with program requirements
88 include, but are not limited to:
89 1. If a member of the active Florida National Guard
90 receives an exemption from tuition and fees for any academic
91 term and fails to maintain satisfactory participation in the
92 Florida National Guard during that academic term, the member
93 forfeits his or her exemption and shall pay the institution
94 granting the exemption all tuition charges and student fees for
95 the academic term for which the exemption was granted.
96 2. If a member of the active Florida National Guard leaves
97 the Florida National Guard during the 3-year period the member
98 has agreed to serve after completing the courses for which an
99 exemption was granted, the member shall reimburse the
100 institution granting the exemption for all tuition charges and
101 student fees for which the member received an exemption, unless
102 the Adjutant General finds that there are justifiable
103 extenuating circumstances.
104 3. If the service of a member of the active Florida
105 National Guard is terminated or the member is placed on
106 scholastic probation while receiving an exemption, the exemption
107 shall be immediately forfeited and the member shall pay the
108 institution granting the exemption all tuition charges and
109 student fees for the academic term for which the exemption was
110 granted.
111 4. If a member defaults on any repayment made under this
112 paragraph, the institution may charge the member the maximum
113 interest rate authorized by law.
114 (8)(9) Subject to appropriations, the Department of
115 Military Affairs may pay the full cost of tuition and fees for
116 required courses for current members of the Florida National
117 Guard who enlist after June 30, 1997. Members are eligible to
118 use the program upon enlistment in the Florida National Guard.
119 If a member is enrolled in a nonpublic postsecondary education
120 institution or a nonpublic vocational-technical program, the
121 Department of Military Affairs shall pay an amount equal to the
122 amount that would be required to pay for the average tuition and
123 fees at a public postsecondary education institution or public
124 vocational-technical program. This program shall be known as the
125 Educational Dollars for Duty program (EDD) and is the primary
126 program for these members.
127 (a) A member may participate in the program if he or she
128 maintains satisfactory participation in, and is an active
129 drilling member of, the Florida National Guard. Inactive members
130 of the Florida National Guard and members of the Individual
131 Ready Reserve (IRR) are not eligible to participate in the
132 program. A member may not participate in the EDD program for
133 more than 5 years following the date of eligibility for the
134 program.
135 (b) Courses not authorized include noncredit courses,
136 courses that do not meet the degree requirements, or courses
137 that do not meet requirements for completing career training.
138 (c) College preparatory classes are authorized courses.
139 (b)(d) Penalties for noncompliance with program
140 requirements include, but are not limited to, the following:
141 1. If a member of the active Florida National Guard
142 receives payment of tuition and fees for any academic term and
143 fails to maintain satisfactory participation in the Florida
144 National Guard during that academic term, the member shall
145 reimburse the Department of Military Affairs all tuition charges
146 and student fees for the academic term for which the member
147 received payment.
148 2. If a member of the active Florida National Guard leaves
149 the Florida National Guard during the 3-year period specified in
150 the member’s enlistment or reenlistment contract the member has
151 agreed to serve after completing the courses for which payments
152 were made, the member shall reimburse the Department of Military
153 Affairs all tuition charges and student fees for which the
154 member received payments, regardless of whether the obligation
155 to reimburse the department was incurred before, on, or after
156 July 1, 2009, unless the Adjutant General finds that there are
157 justifiable extenuating circumstances.
158 3. If the service of a member of the active Florida
159 National Guard is terminated or the member is placed on
160 scholastic probation while receiving payments, the member shall
161 reimburse the Department of Military Affairs all tuition charges
162 and student fees for the academic term for which the member
163 received payment.
164 4. If a member defaults on any reimbursement made under
165 this paragraph, the department may charge the member the maximum
166 interest rate authorized by law.
167 Section 2. Paragraph (a) of subsection (10) of section
168 1009.21, Florida Statutes, is amended to read:
169 1009.21 Determination of resident status for tuition
170 purposes.—Students shall be classified as residents or
171 nonresidents for the purpose of assessing tuition in community
172 colleges and state universities.
173 (10) The following persons shall be classified as residents
174 for tuition purposes:
175 (a) Active duty members of the Armed Services of the United
176 States residing or stationed in this state, their spouses, and
177 dependent children, and active drilling members of the Florida
178 National Guard who qualify under s. 250.10(7) and (8) for the
179 tuition assistance program.
180 Section 3. Subsection (8) of section 1009.26, Florida
181 Statutes, is amended, and subsections (9) and (10) of that
182 section are renumbered as subsections (8) and (9), respectively,
183 to read:
184 1009.26 Fee waivers.—
185 (8) Fees shall be waived for certain members of the active
186 Florida National Guard pursuant to s. 250.10(8).
187 Section 4. This act shall take effect July 1, 2009.
188
189 ================= T I T L E A M E N D M E N T ================
190 And the title is amended as follows:
191 Delete everything before the enacting clause
192 and insert:
193 A bill to be entitled
194 An act relating to the Educational Dollars for Duty
195 program; amending s. 250.10, F.S.; revising provisions
196 relating to the duties of the Adjutant General;
197 removing the duties of the Board of Governors of the
198 State University System and the State Board of
199 Education with respect to the Educational Dollars for
200 Duty program; providing for education assistance for
201 members of the Florida National Guard who enroll in an
202 authorized course of study at a public or nonpublic
203 institution of higher learning; revising the
204 application requirements for the program to include
205 active drilling members; requiring that a member serve
206 in the guard for the period specified in the member’s
207 enlistment or reenlistment contract; providing that a
208 member who has obtained a master’s degree is
209 ineligible to participate in the program; revising
210 courses not authorized for the program; providing that
211 college preparatory courses are authorized for the
212 program; deleting provisions relating to the State
213 Tuition Exemption Program; authorizing the Department
214 of Military Affairs to pay tuition and fees for
215 current members; providing that members are eligible
216 to use the program upon enlistment; requiring that the
217 department pay the tuition and fees for a member
218 enrolled in a nonpublic postsecondary institution or a
219 nonpublic vocational-technical program which are equal
220 to the amount required to pay for tuition and fees at
221 a public postsecondary education institution or public
222 vocational-technical program; prohibiting
223 participation by certain members; providing for
224 applicability of a requirement to reimburse the
225 department for tuition charges and student fees under
226 specified circumstances; amending s. 1009.21, F.S.;
227 revising a provision relating to the classification of
228 members of the Florida National Guard as residents for
229 tuition purposes; amending s. 1009.26, F.S.;
230 eliminating a reference to educational fee waivers for
231 certain members of the Florida National Guard;
232 providing an effective date.