| 1 | A bill to be entitled |
| 2 | An act relating to veterans' affairs; amending s. 1.01, |
| 3 | F.S.; expanding the definition of the term "veteran" for |
| 4 | purposes of construction of the Florida Statutes; amending |
| 5 | s. 295.0185, F.S.; providing educational opportunity at |
| 6 | state expense for dependent children of military personnel |
| 7 | who die or suffer certain disability in specified military |
| 8 | operations; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (14) of section 1.01, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 1.01 Definitions.-In construing these statutes and each |
| 15 | and every word, phrase, or part hereof, where the context will |
| 16 | permit: |
| 17 | (14) The term "veteran" means a person who served in the |
| 18 | active military, naval, or air service and who was discharged or |
| 19 | released therefrom under honorable conditions only or who later |
| 20 | received an upgraded discharge under honorable conditions, |
| 21 | notwithstanding any action by the United States Department of |
| 22 | Veterans Affairs on individuals discharged or released with |
| 23 | other than honorable discharges. To receive benefits as a |
| 24 | wartime veteran, a veteran must have served in a campaign or |
| 25 | expedition for which a campaign badge has been authorized or a |
| 26 | veteran must have served during one of the following periods of |
| 27 | wartime service: |
| 28 | (a) Spanish-American War: April 21, 1898, to July 4, 1902, |
| 29 | and including the Philippine Insurrection and the Boxer |
| 30 | Rebellion. |
| 31 | (b) Mexican Border Period: May 9, 1916, to April 5, 1917, |
| 32 | in the case of a veteran who during such period served in |
| 33 | Mexico, on the borders thereof, or in the waters adjacent |
| 34 | thereto. |
| 35 | (c) World War I: April 6, 1917, to November 11, 1918; |
| 36 | extended to April 1, 1920, for those veterans who served in |
| 37 | Russia; also extended through July 1, 1921, for those veterans |
| 38 | who served after November 11, 1918, and before July 2, 1921, |
| 39 | provided such veterans had at least 1 day of service between |
| 40 | April 5, 1917, and November 12, 1918. |
| 41 | (d) World War II: December 7, 1941, to December 31, 1946. |
| 42 | (e) Korean Conflict: June 27, 1950, to January 31, 1955. |
| 43 | (f) Vietnam Era: February 28, 1961, to May 7, 1975. |
| 44 | (g) Persian Gulf War: August 2, 1990, to January 2, 1992. |
| 45 | (h) Operation Enduring Freedom: October 7, 2001, and |
| 46 | ending on the date thereafter prescribed by presidential |
| 47 | proclamation or by law. |
| 48 | (i) Operation Iraqi Freedom: March 19, 2003, to September |
| 49 | 1, 2010 and ending on the date thereafter prescribed by |
| 50 | presidential proclamation or by law. |
| 51 | (j) Operation New Dawn: September 1, 2010, and ending on |
| 52 | the date thereafter prescribed by presidential proclamation or |
| 53 | by law. |
| 54 | Section 2. Section 295.0185, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 295.0185 Children of deceased or disabled military |
| 57 | personnel who die or become disabled in Operation Enduring |
| 58 | Freedom, or Operation Iraqi Freedom, or Operation New Dawn; |
| 59 | educational opportunity.- |
| 60 | (1)(a) It is declared to be the policy of the state to |
| 61 | provide educational opportunity at state expense for the |
| 62 | dependent children of those military personnel who die or suffer |
| 63 | a service-connected 100-percent total and permanent disability |
| 64 | rating for compensation as determined by the United States |
| 65 | Department of Veterans Affairs, or who are determined to have a |
| 66 | service-connected total and permanent disability rating of 100 |
| 67 | percent and are in receipt of disability retirement pay from any |
| 68 | branch of the United States Armed Services, while participating |
| 69 | in any of the following military operations, if such military |
| 70 | personnel have been residents of the state during the period of |
| 71 | military action: |
| 72 | 1. Operation Enduring Freedom, which began on October 7, |
| 73 | 2001;, or while participating in |
| 74 | 2. Operation Iraqi Freedom, which began on March 19, 2003, |
| 75 | and ended August 31, 2010; or |
| 76 | 3. Operation New Dawn, which began on September 1, 2010 |
| 77 | if such military personnel have been residents of the state |
| 78 | during the period of military action. |
| 79 | (b) Any of the following constitutes prima facie evidence |
| 80 | that the dependent children of military personnel under |
| 81 | paragraph (a) are eligible for educational benefits: |
| 82 | 1. A certified copy of a death certificate;, |
| 83 | 2. A valid identification card issued in accordance with |
| 84 | the provisions of s. 295.17;, |
| 85 | 3. A letter certifying the service-connected 100-percent |
| 86 | total and permanent disability rating for compensation from the |
| 87 | United States Department of Veterans Affairs;, or |
| 88 | 4. A letter certifying the service-connected total and |
| 89 | permanent disability rating of 100 percent for retirement pay |
| 90 | from any branch of the United States Armed Services is prima |
| 91 | facie evidence that the dependent children of such military |
| 92 | personnel are eligible for educational benefits. |
| 93 | (2) Sections 295.03, 295.04, 295.05, and 1009.40 apply. |
| 94 | Section 3. This act shall take effect July 1, 2011. |