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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0171 Detail]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
2An act relating to veterans' affairs; amending s. 1.01,
3F.S.; expanding the definition of the term "veteran" for
4purposes of construction of the Florida Statutes; amending
5s. 295.0185, F.S.; providing educational opportunity at
6state expense for dependent children of military personnel
7who die or suffer certain disability in specified military
8operations; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (14) of section 1.01, Florida
13Statutes, is amended to read:
14     1.01  Definitions.-In construing these statutes and each
15and every word, phrase, or part hereof, where the context will
16permit:
17     (14)  The term "veteran" means a person who served in the
18active military, naval, or air service and who was discharged or
19released therefrom under honorable conditions only or who later
20received an upgraded discharge under honorable conditions,
21notwithstanding any action by the United States Department of
22Veterans Affairs on individuals discharged or released with
23other than honorable discharges. To receive benefits as a
24wartime veteran, a veteran must have served in a campaign or
25expedition for which a campaign badge has been authorized or a
26veteran must have served during one of the following periods of
27wartime service:
28     (a)  Spanish-American War: April 21, 1898, to July 4, 1902,
29and including the Philippine Insurrection and the Boxer
30Rebellion.
31     (b)  Mexican Border Period: May 9, 1916, to April 5, 1917,
32in the case of a veteran who during such period served in
33Mexico, on the borders thereof, or in the waters adjacent
34thereto.
35     (c)  World War I: April 6, 1917, to November 11, 1918;
36extended to April 1, 1920, for those veterans who served in
37Russia; also extended through July 1, 1921, for those veterans
38who served after November 11, 1918, and before July 2, 1921,
39provided such veterans had at least 1 day of service between
40April 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
46ending on the date thereafter prescribed by presidential
47proclamation or by law.
48     (i)  Operation Iraqi Freedom: March 19, 2003, to September
491, 2010 and ending on the date thereafter prescribed by
50presidential proclamation or by law.
51     (j)  Operation New Dawn: September 1, 2010, and ending on
52the date thereafter prescribed by presidential proclamation or
53by law.
54     Section 2.  Section 295.0185, Florida Statutes, is amended
55to read:
56     295.0185  Children of deceased or disabled military
57personnel who die or become disabled in Operation Enduring
58Freedom, or Operation Iraqi Freedom, or Operation New Dawn;
59educational opportunity.-
60     (1)(a)  It is declared to be the policy of the state to
61provide educational opportunity at state expense for the
62dependent children of those military personnel who die or suffer
63a service-connected 100-percent total and permanent disability
64rating for compensation as determined by the United States
65Department of Veterans Affairs, or who are determined to have a
66service-connected total and permanent disability rating of 100
67percent and are in receipt of disability retirement pay from any
68branch of the United States Armed Services, while participating
69in any of the following military operations, if such military
70personnel have been residents of the state during the period of
71military action:
72     1.  Operation Enduring Freedom, which began on October 7,
732001;, or while participating in
74     2.  Operation Iraqi Freedom, which began on March 19, 2003,
75and ended August 31, 2010; or
76     3.  Operation New Dawn, which began on September 1, 2010
77if such military personnel have been residents of the state
78during the period of military action.
79     (b)  Any of the following constitutes prima facie evidence
80that the dependent children of military personnel under
81paragraph (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
84the provisions of s. 295.17;,
85     3.  A letter certifying the service-connected 100-percent
86total and permanent disability rating for compensation from the
87United States Department of Veterans Affairs;, or
88     4.  A letter certifying the service-connected total and
89permanent disability rating of 100 percent for retirement pay
90from any branch of the United States Armed Services is prima
91facie evidence that the dependent children of such military
92personnel 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.
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