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       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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.