Bill Text: FL S1094 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Death Benefits for Active Duty Servicemembers

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 621 (Ch. 2023-163) [S1094 Detail]

Download: Florida-2023-S1094-Introduced.html

---

       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.