Florida Senate - 2023 SB 1094
By Senator Martin
33-01363A-23 20231094__
1 A bill to be entitled
2 An act relating to death benefits for active duty
3 servicemembers; amending s. 295.061, F.S.; revising
4 the amount and conditions of payment of death
5 benefits; requiring that payment be made to the
6 beneficiary through the process set out by the
7 Department of Military Affairs; removing provisions
8 relating to payment when a beneficiary is not
9 designated; requiring that proof of residency or duty
10 post be provided to the department; requiring the
11 department to request the Chief Financial Officer to
12 draw a warrant for payment of benefits from the
13 General Revenue Fund; requiring the Department of
14 Military Affairs and the Department of Financial
15 Services to adopt certain rules and procedures;
16 removing provisions relating to an appropriation to
17 the Department of Financial Services for payment of
18 death benefits; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 295.061, Florida Statutes, is amended to
23 read:
24 295.061 Active duty servicemembers; death benefits.—
25 (1) As used in this section, the term:
26 (a) “Active duty” has the same meaning as provided in s.
27 250.01.
28 (b) “United States Armed Forces” means the United States
29 Army, Navy, Air Force, Marine Corps, Space Force, and Coast
30 Guard.
31 (2) The sum of $75,000 must be paid by the state if a
32 member of the United States Armed Forces, while on active duty
33 and engaged in the performance of his or her official duties, is
34 killed or sustains receives a bodily injury that results in the
35 loss of the member’s life, provided that such killing is not the
36 result of suicide and that such bodily injury is not
37 intentionally self-inflicted.
38 (3) The sum of $25,000 must be paid by the state if a
39 member of the United States Armed Forces, while on active duty,
40 is killed other than as specified in subsection (2), provided
41 that the killing is not the result of suicide and that such
42 bodily injury is not intentionally self-inflicted.
43 (3)(4) Payment of benefits made under subsection (2) or
44 subsection (3) must be made paid to the beneficiary designated
45 by such member through the process set out by in writing and
46 delivered to the Department of Military Affairs during the
47 member’s lifetime. If no such designation is made, then the
48 payments must be paid to the member’s surviving child or
49 children and to his or her surviving spouse in equal portions,
50 or if there is no surviving child or spouse, must be made to the
51 member’s parent or parents. If a beneficiary is not designated
52 and there is no surviving child, spouse, or parent, then the sum
53 must be paid to the member’s estate.
54 (4)(5) To qualify for the benefits provided in this
55 section, the deceased military member must have been a resident
56 of this state, or his or her duty post must have been within
57 this state, at the time of death. Proof of residency or duty
58 post must be provided to the Department of Military Affairs in
59 the manner prescribed by the department.
60 (5)(6) Any benefits provided pursuant to this section are
61 in addition to any other benefits provided under the
62 Servicemembers’ Group Life Insurance program or any other
63 federal program. Benefits granted pursuant to this section are
64 exempt from the claims and demands of creditors of such member.
65 (6)(7) Benefits provided under subsection (2) or subsection
66 (3) shall be paid from the General Revenue Fund. The department
67 shall request the Chief Financial Officer to draw a warrant from
68 the General Revenue Fund for the payment of the benefit in the
69 amount specified in this section.
70 (7) The Department of Military Affairs and the Department
71 of Financial Services shall adopt rules and procedures as
72 appropriate and necessary to implement subsections (1)-(6)
73 Beginning in the 2019-2020 fiscal year and continuing each
74 fiscal year thereafter, a sum sufficient to pay such benefits is
75 appropriated from the General Revenue Fund to the Department of
76 Financial Services for the purposes of paying such benefits.
77 (8)(a) If an active duty member is killed as specified in
78 subsection (2) or subsection (3), the state must waive certain
79 educational expenses that the child or the spouse of the
80 deceased member incurs while obtaining a career certificate, an
81 undergraduate education, or a postgraduate education. The amount
82 waived by the state must be in an amount equal to the cost of
83 tuition and matriculation and registration fees for a total of
84 120 credit hours. The child or the spouse may attend a state
85 career center, a Florida College System institution, or a state
86 university on either a full-time or part-time basis. The
87 benefits provided to a child under this subsection must continue
88 until the child’s 25th birthday. The benefits provided to a
89 spouse under this subsection must commence within 5 years after
90 the death occurs and may continue until the 10th anniversary of
91 that death.
92 (b) Upon failure of any child or spouse who receives a
93 waiver in accordance with this subsection to comply with the
94 ordinary and minimum requirements regarding discipline and
95 scholarship of the institution attended, such benefits to the
96 child or the spouse must be withdrawn and no further moneys may
97 be expended for the child’s or spouse’s benefits so long as such
98 failure or delinquency continues.
99 (c) Only a student in good standing in his or her
100 respective institution may receive the benefits provided in this
101 subsection.
102 (d) A child or spouse who is receiving benefits under this
103 subsection shall be enrolled according to the customary rules
104 and requirements of the institution attended.
105 (e) A child or spouse of a member may receive benefits
106 under either this subsection or s. 295.01.
107 (f) The State Board of Education shall adopt rules and
108 procedures, and the Board of Governors shall adopt regulations
109 and procedures, as are appropriate and necessary to implement
110 this subsection.
111 Section 2. This act shall take effect July 1, 2023.