To provide educational death benefits to eligible spouses and dependents of firefighters, paramedics, emergency medical technicians, law enforcement officers, correctional officers, correctional probation officers and members of the Florida National ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.0306Death Benefits for Survivors of First Responders and Military Members

PURPOSE AND EFFECT: To provide educational death benefits to eligible spouses and dependents of firefighters, paramedics, emergency medical technicians, law enforcement officers, correctional officers, correctional probation officers and members of the Florida National Guard and United States Armed Forces who are killed while performing official duties.

SUMMARY: Florida College System (FCS) institutions, school district career centers and charter technical career centers currently offer tuition waivers to spouses and dependents of deceased law enforcement, correctional and correctional probation officers identified in section 112.19(3), F.S., and firefighters identified in section 112.191(3), F.S. In 2019, Senate Bill 7098 (Chapter No. 2019-24, Laws of Florida) amended those statutes and expanded those benefits to include spouses or dependents of deceased first responders and members of the Florida National Guard and United States Armed Forces.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: No requirement for SERC was triggered under s. 120.541(1), F.S., and based on past experiences with waivers there would be no economic impact from this rule and the adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes, nor is expected to require legislative ratification.

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.

RULEMAKING AUTHORITY: 112.19(3), 112.191(3), 112.1912(2), 295.061(8), F.S.

LAW IMPLEMENTED: 112.19, 112.191, 112.1912, 250.34, 295.061, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 15, 2020, 9:00 a.m.

PLACE: Strawberry Crest High School, 4691 Gallagher Rd. Dover, FL 33527.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shanna Autry, Director of Student Affairs, Division of Florida Colleges [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.0306 Death Benefits for Survivors of First Responders and Military Members.

(1) Waiver. Each Florida College System institution’s board of trustees, each district school board with a career center authorized under section 1001.44, F.S., and each board of directors for a charter technical career center authorized under section 1002.34, F.S., shall adopt and implement policies or procedures to ensure that the educational expenses of an eligible child or spouse of the following individuals are waived while obtaining an undergraduate education:

(a) A deceased law enforcement, correctional, or correctional probation officer as provided in ss. 112.19 and 112.1912, F.S.;

(b) A deceased firefighter as provided in ss. 112.191 and 112.1912, F.S.;

(c) A deceased emergency medical technician or paramedic as provided in ss. 112.1911 and 112.1912, F.S.;

(d) A deceased active duty United States Armed Forces member as provided in s. 295.061, F.S.; and

(e) A deceased Florida National Guard member as provided in ss. 250.34, 112.19, and 112.1912, F.S.

(2) Waived Educational Expenses. The amount waived by the institution must be equal to the cost of tuition,  matriculation and registration fees for a total of 120 credit hours or the equivalent of 3,600 clock hours.

(3) Eligibility.

(a) Each institution must determine and verify student eligibility, including any necessary documentation to prove marriage, kinship, employment or military status, death, and death in the line of duty. Evidence of eligibility may include:

1. Birth and marriage certificates;

2. Notarized statement from the deceased’s employer; military documentation, such as AF Form 348 and DD Form 261; documentation showing receipt of death benefits, including but not limited to, insurance, workers’ compensation, and the Florida Retirement System;

3. Death certificate; and

4. Other documentation set forth in the institution’s policies and procedures.

(b) The child or spouse may attend on either a full-time or part-time basis. The benefits provided to a child under this rule shall continue until the child's 25th birthday. The benefits provided to a spouse under this rule must commence within five (5) years after the death occurs and entitlement thereto shall continue until the 10th anniversary of that death.

(c) Upon failure of any child or spouse who receives a waiver in accordance with this rule to comply with the ordinary and minimum requirements regarding discipline and scholarship of the institution attended, such waiver must be withdrawn from the child or spouse and no further moneys may be expended for the child's or spouse's benefit so long as such failure or delinquency continues.

(d) Only a student in good standing in his or her respective institution may receive the benefits provided in this rule.

(e) A child or spouse receiving benefits under this rule must be enrolled according to the customary rules and requirements of the institution attended.

Rulemaking Authority 112.19(3), 112.191(3), 112.1912(2), 295.061(8), FS. Law Implemented 112.19, 112.191, 112.1912, 250.34, 295.061, FS. History‒New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shanna Autry, Director of Student Affairs, Division of Florida Colleges.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 10, 2020