Purpose and effect for both Rules 70-2.001 and 70.2.002, F.A.C., is to implement provisions of Section 250.10, F.S. relating to education assistance programs.

DEPARTMENT OF MILITARY AFFAIRS

RULE NO: RULE TITLE
70-2.001: Application for Educational Assistance Programs
70-2.002: Noncompliance with Educational Assistance Programs
PURPOSE AND EFFECT: Purpose and effect for both Rules 70-2.001 and 70.2.002, F.A.C., is to implement provisions of Section 250.10, F.S. relating to education assistance programs.
SUMMARY: In both Rules 70-2.001 and 70.2.002, F.A.C., provisions of Section 250.10, F.S. relating to education assistance programs are implemented.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency determined the proposed rule will not have an impact on small business. No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 250.10(7), (8) FS.
LAW IMPLEMENTED: 250.10(7), (8), (9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lieutenant Colonel Elizabeth C. Masters, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

70-2.001 Application for Educational Assistance Programs.

(1) To be eligible for the Educational Dollars for Duty program (EDD) or the State Tuition Exemption Program (STEP), collectively Education Assistance Programs, defined in Sections 250.10(7) and (8), Florida Statutes, a person must:

(a) Be at least 17 years of age;

(b) Be domiciled in the state of Florida;

(c) Be a member in good standing in the active Florida National Guard at the beginning of and throughout the entire academic term for which benefits are received;

(d) Maintain continuous satisfactory participation in the Florida National Guard for any school term for which exemption benefits are received; and

(e) Not have a baccalaureate degree.

(2) A person can not participate in the STEP program for more than ten (10) years following the date of enrollment in the program. A person may not participate in the EDD program for more than five (5) years following the date of eligibility for the program.

(3) The EDD program is only available for members of the Florida National Guard who have enlisted after June 30, 1997.

(4) An applicant for an Educational Assistance Program must fill out Form FLNG Form 704 (effective April 17, 2008) incorporated herein by reference. The form may be obtained from the State Education Program Administrator, Florida Department of Military Affairs, DCSPER-STEP/EDD, P. O. Box 1008, St. Augustine, Florida 32085-1008; or from the applicant’s military unit training clerk or NCO. Along with the Form FLNG Form 704 the applicant must submit:

(a) The course of study for the degree or certificate the member is seeking, and

(b) A list of courses the member is taking in the applicable term.

(5) Completed applications must be submitted to: State Education Program Administrator, Florida Department of Military Affairs, DCSPER-STEP/EDD, P. O. Box 1008, St. Augustine, Florida 32085-1008 at least 90 days prior to the beginning of the school term for which educational assistance is sought. A new application is required for each semester or enrollment period.

(6) The applicant’s grades must be submitted after each term and the applicant must maintain the grade point average set forth in paragraph 70-2.002(1)(d), Florida Administrative Code.

Specific Authority 250.10(7), (8) FS. Law Implemented 250.10(7), (8) FS. History–New________.

 

70-2.002 Noncompliance with Educational Assistance Programs.

(1) A member in the State Tuition Exemption Program (STEP) or Educational Dollars for Duty program (EDD) is in noncompliance with these programs, if:

(a) A member fails to maintain satisfactory participation in the Florida National Guard during the academic term where benefits are given, including failing to maintain weight control, failing physical examinations, or not satisfactorily performing military duties as determined by the Unit Commander;

(b) A member fails to serve in the Florida National Guard during the three (3) year period the member is required to serve after benefits are received;

(c) A member is terminated or placed on academic or scholastic probation while receiving benefits; or

(d) A member fails to maintain a minimum 2.0 grade point average.

(2) Benefits under the education assistance programs will not be paid for courses that a member drops prior to completion; or for courses that a member has repeated and benefits had been paid for the course the first time the member had taken it.

(3) If a member is in noncompliance pursuant to this rule, the member must reimburse the Department of Military Affairs for all tuition charges and student fees for which the member received payments within thirty (30) days of being notified by the Department that such fees are owed. A member in noncompliance can request in writing to the Department of Military Affairs, to make payments in installments. If approved, the time for repayment shall not exceed 36 months. If the member fails to repay the amount owed, the Department may submit the matter for collections.

Specific Authority 250.10(7), (8) FS. Law Implemented 250.10(7), (8), (9) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Department of Military Affairs
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Military Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 3, 2008