The 2023 Florida Statutes (including Special Session C)

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

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F.S. 295.01

295.01 Spouses and dependent children of deceased or disabled servicemembers; education.—

(1) As used in this section, the terms “Armed Forces” and “servicemember” shall have the same meanings as provided in s. 250.01.

(2)(a) It is the policy of the state to provide educational opportunity at state expense for a dependent child, as defined in s. 1009.21(1), of a servicemember who:

1. Died as a result of service-connected injuries, disease, or disability sustained while on active duty; or

2. Has been:

a. Determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent total and permanent disability rating for compensation;

b. Determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Forces; or

c. Issued a valid identification card by the Department of Veterans’ Affairs in accordance with s. 295.17.

(b) The dependent child of a deceased servicemember is eligible for educational benefits under this section if:

1. Immediately preceding the death of the servicemember, Florida was listed as the servicemember’s official home of record in the Defense Enrollment Eligibility Reporting System (DEERS) database; or

2. The child qualifies as a resident for tuition purposes under s. 1009.21.

1. Immediately preceding the occurrence of the servicemember’s disability, Florida was listed as the servicemember’s official home of record in the Defense Enrollment Eligibility Reporting System (DEERS) database; or

2. The child qualifies as a resident for tuition purposes under s. 1009.21 and the servicemember is a resident of this state.

All rules, restrictions, and limitations set forth in this section shall apply.

(3) It is also the policy of the state to provide educational opportunity at state expense for spouses of deceased or disabled servicemembers.

(a) The unremarried spouse of a deceased servicemember is eligible for educational benefits under this section if the unremarried spouse applies to use the benefit within 5 years after the servicemember’s death and:

1. Immediately preceding the servicemember’s death, Florida was listed as the servicemember’s official home of record in the Defense Enrollment Eligibility Reporting System (DEERS) database; or

2. The spouse qualifies as a resident for tuition purposes under s. 1009.21.

(b) The dependent spouse of a disabled servicemember is eligible for educational benefits under this section if the servicemember and his or her spouse have been married to each other for 1 year and:

2. The spouse qualifies as a resident for tuition purposes under s. 1009.21 and the servicemember is a resident of this state.

(c) The eligibility for educational benefits under paragraph (b) applies only during the duration of the marriage and up to the point of termination of the marriage by dissolution or annulment.

All rules, restrictions, and limitations set forth in this section shall apply.

(4) Sections 295.03-295.05 and 1009.40 shall apply.

(5) The State Board of Education shall adopt rules for administering this section.

(6) A child or spouse of a servicemember may receive benefits under either this section or s. 295.061.

History.—s. 1, ch. 20966, 1941; s. 1, ch. 21655, 1943; s. 1, ch. 28195, 1953; s. 1, ch. 67-455; s. 16, ch. 69-180; s. 1, ch. 82-93; s. 2, ch. 83-71; s. 12, ch. 84-114; s. 11, ch. 87-356; s. 21, ch. 88-290; s. 25, ch. 89-207; s. 6, ch. 93-268; s. 20, ch. 95-143; s. 6, ch. 2000-294; s. 948, ch. 2002-387; s. 6, ch. 2004-230; s. 1, ch. 2005-127; s. 1, ch. 2006-244; s. 6, ch. 2019-24; s. 1, ch. 2023-279.

F.S. 295.01 on Google Scholar

F.S. 295.01 on Casetext

Amendments to 295.01

Arrestable Offenses / Crimes under Fla. Stat. 295.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 295.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE OF LOUISIANA, v. SPARKS, Jr. a k a El v. GSELL, U. S., 978 F.3d 226 (5th Cir. 1992)

. . . . §§ 295.01, 295.03(1), discussed in Schaffer, 565 F.2d at 961. . . . .

HAZARDOUS WASTE TREATMENT COUNCIL v. K. REILLY, U. S. U. S., 938 F.2d 1390 (D.C. Cir. 1991)

. . . . § 130A-295.01(b) (1989). . . .

AVILES, v. KUNKLE,, 765 F. Supp. 358 (S.D. Tex. 1991)

. . . Kunkle Farms paid them $295.01, or $.70 per hour. . . .

STATE OF NORTH CAROLINA, ENVIRONMENTAL POLICY INSTITUTE, v. ENVIRONMENTAL PROTECTION AGENCY,, 881 F.2d 1250 (4th Cir. 1989)

. . . . § 130A-295.01, unlawfully prevented construction of a large regional hazardous waste treatment facility . . .

STATE OF WISCONSIN, v. SCHAFFER,, 565 F.2d 961 (7th Cir. 1977)

. . . . §§ 295.01, 295.03(1) (1976). . . .

J. KISH J. Jr. v. COUNTY OF MILWAUKEE, E., 441 F.2d 901 (7th Cir. 1971)

. . . See, Wis.Stat.Ann. 295.01(1). . . .

YATES, v. BAIR TRANSPORT, INC. d b a Co., 249 F. Supp. 681 (S.D.N.Y. 1965)

. . . . § 295.01 (1965). . See Trinidad Rambler, Inc. v. Schneider, 203 A.2d 430 (D.C.Ct.App.1964). . . .

SPALDING E. MICHOT v. THE UNITED STATES, 31 Ct. Cl. 299 (Ct. Cl. 1896)

. . . ) hours; that his claim as stated in his petition was a correct calculation of this amount, being- $295.01 . . . arithmetical error, and reentered for the sum of two hundred and ninety-five dollars and one cent ($295.01 . . .