Bill Text: FL H0171 | 2011 | Regular Session | Comm Sub

---

Bill Title: Veterans' Affairs

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0171 Detail]

Download: Florida-2011-H0171-Comm_Sub.html

---

CS/HB 171

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
10	Be It Enacted by the Legislature of the State of Florida:
11
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.

CODING: Words stricken are deletions; words underlined are additions.