Florida Senate - 2012 CS for SB 922
By the Committee on Military Affairs, Space, and Domestic
Security; and Senators Bennett, Detert, Jones, Gaetz, and Fasano
583-01765-12 2012922c1
1 A bill to be entitled
2 An act relating to current and former military
3 personnel; creating s. 220.1893, F.S.; providing a tax
4 credit program for eligible business that hire certain
5 national guard members; providing definitions;
6 providing credits against specified taxes for
7 certified businesses; providing guidelines for
8 becoming a certified business; requiring the
9 Department of Economic Opportunity to certify
10 qualified businesses; providing criteria for the
11 certification; limiting the total amount of tax
12 credits; providing for certain tax credits to be
13 carried forward; providing penalties for fraudulent
14 claims; authorizing the Department of Economic
15 Opportunity and the Department of Revenue to adopt
16 rules; providing for future expiration of the tax
17 credit program; amending s. 265.003, F.S.; creating
18 the Florida Veterans’ Hall of Fame Council; providing
19 for membership and terms of appointment; providing for
20 the appointment of a chair; providing for meetings, a
21 quorum, and voting; providing for reimbursement of
22 travel expenses; providing for the removal of an
23 appointee; providing for the Florida Veterans’ Hall of
24 Fame Council rather than the Department of Veterans’
25 Affairs to select nominees for induction into the
26 Florida Veterans’ Hall of Fame and to establish the
27 criteria for selection; requiring that the Governor
28 and Cabinet annually select a specified number of
29 nominees for induction; amending s. 295.187, F.S.;
30 revising legislative intent; renaming and revising the
31 Florida Service-Disabled Veteran Business Enterprise
32 Opportunity Act to expand the vendor preference in
33 state contracting to include certain businesses owned
34 and operated by wartime veterans or veterans of a
35 period of war; amending s. 320.089, F.S.; providing
36 for the issuance of a Combat Infantry Badge license
37 plate; providing qualifications and requirements for
38 the plate; providing for the use of proceeds from the
39 sale of the plate; providing for issuance of a Vietnam
40 War Veterans’ license plate; providing qualifications
41 and requirements for the plate; creating s. 683.146,
42 F.S.; designating August 7 of each year as “Purple
43 Heart Day”; providing a short title; creating s.
44 921.00242, F.S.; providing that a person who alleges
45 that he or she committed a criminal offense as a
46 result of posttraumatic stress disorder, traumatic
47 brain injury, substance use disorder, or psychological
48 problems stemming from service in a combat theater in
49 the United States military may have a hearing on that
50 issue before sentencing; providing that a defendant
51 who is eligible for probation or community control may
52 be placed in a treatment program in certain
53 circumstances; providing for sentence credit for a
54 defendant placed in treatment who would have otherwise
55 been incarcerated; providing a preference for
56 treatment programs that have histories of successfully
57 treating such combat veterans; amending s. 948.08,
58 F.S.; creating a pretrial veterans’ treatment
59 intervention program; providing requirements for a
60 defendant to be voluntarily admitted to the pretrial
61 program; providing certain exceptions to such
62 admission; providing for the disposition of pending
63 charges following a defendant’s completion of the
64 pretrial intervention program; providing for the
65 charges to be expunged under certain circumstances;
66 amending s. 948.16, F.S.; creating a misdemeanor
67 pretrial veterans’ treatment intervention program;
68 providing requirements for voluntary admission to the
69 misdemeanor pretrial program; providing for the
70 misdemeanor charges to be expunged under certain
71 circumstances; exempting treatment services provided
72 by the Department of Veterans’ Affairs or the United
73 States Department of Veterans Affairs from certain
74 contract requirements; amending s. 1003.05, F.S.;
75 requiring that a school board provide an option to
76 school-aged dependents of military personnel to choose
77 certain schools if the student is reassigned as a
78 result of school rezoning; creating s. 1004.075, F.S.;
79 requiring certain Florida College System institutions
80 and state universities to provide priority course
81 registration for veterans; providing eligibility
82 requirements; creating s. 1005.09, F.S.; encouraging
83 certain independent postsecondary educational
84 institutions to provide priority course registration
85 for veterans; amending s. 1009.21, F.S.; providing
86 that veterans of the Armed Services of the United
87 States, including reserve components thereof, who
88 attend the physical location of a public college,
89 university, or institution of higher learning within
90 the state are residents for tuition purposes;
91 requiring that any veteran who meets specified
92 criteria be admitted to any Florida College System
93 institution or state university of the veteran’s
94 choice; providing effective dates.
95
96 Be It Enacted by the Legislature of the State of Florida:
97
98 Section 1. Section 220.1893, Florida Statutes, is created
99 to read:
100 220.1893 National Guard Employment Tax Credit Program.—
101 (1) As used in this section, the term:
102 (a) “Department” means the Department of Economic
103 Opportunity.
104 (b) “Eligible business” means any business that is
105 operating and authorized to do business in this state.
106 (c) “Qualified employee” means a person:
107 1. Who is a current Florida National Guard member in good
108 standing, as verified by the Adjutant General of the Florida
109 National Guard, and has been unemployed for more than 6 months
110 or is returning from duty abroad;
111 2. Who was hired by an eligible business on or after July
112 1, 2012, and had not previously been employed by the eligible
113 business or its parent or an affiliated corporation;
114 3. Who performed duties connected to the operations of the
115 eligible business on a regular, full-time basis for an average
116 of at least 36 hours per week and for at least 3 months before
117 an eligible business is awarded a tax credit; and
118 4. Whose employment by the eligible business has not formed
119 the basis for any other claim to a credit pursuant to this
120 chapter.
121 (2) A certified business shall receive a $10,000 tax credit
122 for each qualified employee, subject to limitation in subsection
123 (5). The credit may be taken against:
124 (a) Corporate income taxes under chapter 220.
125 (b) Insurance premium tax under s. 624.509.
126 (c) Taxes on sales, use, and other transactions under
127 chapter 212.
128 (d) Intangible personal property taxes under chapter 199.
129 (e) Excise taxes on documents under chapter 201.
130 (f) Ad valorem taxes paid, as defined in s. 220.03(1).
131 (g) State communications services taxes administered under
132 chapter 202. This paragraph does not apply to the gross receipts
133 tax imposed under chapter 203 and administered under chapter 202
134 or the local communications services tax authorized under s.
135 202.19.
136 (3)(a) To become a certified business, an officer of an
137 eligible business must file under oath with the Department of
138 Economic Opportunity an application that includes:
139 1. The name, address, and NAICS identifying code of the
140 eligible business. As used in this subsection, “NAICS” means
141 those classifications contained in the North American Industry
142 Classification System, as published in 2007 by the Office of
143 Management and Budget, Executive Office of the President.
144 2. Relevant employment information.
145 3. A sworn affidavit, signed by each employee for whom the
146 eligible business is seeking credits under this section,
147 attesting to his or her previous unemployment.
148 4. Verification that the wages paid by the eligible
149 business to each of its qualified employees exceeds the wage
150 eligibility levels for Medicaid and other public assistance
151 programs.
152 5. Any other information necessary to process the
153 application.
154 (b) The Department of Economic Opportunity shall process
155 applications to certify a business in the order in which the
156 applications are received, without regard as to whether the
157 applicant is a new or an existing business. The department shall
158 review and approve or deny an application within 10 days after
159 receiving a completed application. The department shall notify
160 the applicant in writing as to the department’s decision.
161 (c)1. The department shall submit a copy of the letter of
162 certification to the Department of Revenue within 10 days after
163 the department issues the letter of certification to the
164 applicant.
165 2. If the application of an eligible business is not
166 sufficient to certify the applicant business, the department
167 must deny the application and issue a notice of denial to the
168 applicant.
169 3. If the application of an eligible business does not
170 contain sufficient documentation of the number of qualified
171 employees, the department shall approve the application with
172 respect to the employees for whom the department determines are
173 qualified employees. The department must deny the application
174 with respect to persons for whom the department determines are
175 not qualified employees or for whom insufficient documentation
176 has been provided. A business may not submit a revised
177 application for certification or for the determination of a
178 person as a qualified employee more than 3 months after the
179 issuance of a notice of denial with respect to the business or a
180 particular person as a qualified employee.
181 (4) The applicant for a tax credit under this section has
182 the responsibility to affirmatively demonstrate to the
183 satisfaction of the department and the Department of Revenue
184 that the applicant and the persons claimed as qualified
185 employees meet the requirements of this section.
186 (5) The total amount of tax credits under this section
187 which may be approved by the department for all applicants is $5
188 million per fiscal year.
189 (6) A tax credit amount that is granted under this section
190 which is not fully used in the first year for which it becomes
191 available may be carried forward to the subsequent taxable year.
192 The carryover credit may be used in the subsequent year if the
193 tax imposed by this chapter for such year exceeds the credit for
194 such year under this section after applying the other credits
195 and unused credit carryovers in the order provided in s.
196 220.02(8).
197 (7) A person who fraudulently claims a credit under this
198 section is liable for repayment of the credit plus a mandatory
199 penalty of 100 percent of the credit. Such person also commits a
200 misdemeanor of the second degree, punishable as provided in s.
201 775.082 or s. 775.083.
202 (8) The department may adopt rules governing the manner and
203 form of applications for the tax credit. The department may
204 establish guidelines for making an affirmative showing of
205 qualification for the tax credit under this section.
206 (9) The Department of Revenue may adopt rules to administer
207 this section, including rules relating to the creation of forms
208 to claim a tax credit and examination and audit procedures
209 required to administer this section.
210 (10) This section expires July 1, 2014. However, a taxpayer
211 that is awarded a tax credit in the second year of the program
212 may carry forward any unused credit amount to the subsequent tax
213 reporting period. Rules adopted by the Department of Revenue to
214 administer this section shall remain valid as long as a taxpayer
215 may use a credit against its corporate income tax liability.
216 Section 2. Section 265.003, Florida Statutes, is amended to
217 read:
218 265.003 Florida Veterans’ Hall of Fame.—
219 (1) It is the intent of the Legislature to recognize and
220 honor those military veterans who, through their works and lives
221 during or after military service, have made a significant
222 contribution to the State of Florida.
223 (2) There is established the Florida Veterans’ Hall of
224 Fame.
225 (a) The Florida Veterans’ Hall of Fame is administered by
226 the Florida Department of Veterans’ Affairs without
227 appropriation of state funds.
228 (b) The Department of Management Services shall set aside
229 an area on the Plaza Level of the Capitol Building along the
230 northeast front wall and shall consult with the Department of
231 Veterans’ Affairs regarding the design and theme of the area.
232 (c) Each person who is inducted into the Florida Veterans’
233 Hall of Fame shall have his or her name placed on a plaque
234 displayed in the designated area of the Capitol Building.
235 (3)(a) The Florida Veterans’ Hall of Fame Council is
236 created within the Department of Veterans’ Affairs as an
237 advisory body, as defined in s. 20.03(7), consisting of seven
238 members who shall all be honorably discharged veterans, and at
239 least four of whom must be members of a congressionally
240 chartered veterans service organization. The Governor, the
241 Attorney General, the Chief Financial Officer, the Commissioner
242 of Agriculture, the President of the Senate, the Speaker of the
243 House of Representatives, and the executive director of the
244 Department of Veterans’ Affairs shall each appoint one member.
245 For the purposes of ensuring staggered terms, the council
246 members appointed by the Governor, the Attorney General, the
247 Chief Financial Officer, and the Commissioner of Agriculture
248 shall be appointed to 4-year terms beginning on January 1 of the
249 year of appointment, and the council members appointed by the
250 President of the Senate, the Speaker of the House of
251 Representatives, and the executive director of the Department of
252 Veterans’ Affairs shall be appointed to 2-year terms beginning
253 on January 1 of the year of appointment. After the initial
254 appointments, all appointees shall be appointed to 4-year terms.
255 A member whose term expires shall continue to serve on the
256 council until such time as a replacement is appointed.
257 (b) The members shall annually elect a chair from among
258 their number. The council shall meet at the call of its chair,
259 at the request of the executive director of the Department of
260 Veterans’ Affairs, or at such times as may be prescribed by the
261 council. A majority of the members of the council currently
262 appointed constitutes a quorum, and a meeting may not be held
263 unless a quorum is present. The affirmative vote of a majority
264 of the members of the council present is necessary for any
265 official action by the council.
266 (c) Members of the council may not receive compensation or
267 honorarium for their services, but members are entitled to
268 reimbursement for travel expenses incurred in the performance of
269 their duties as provided in s. 112.061.
270 (d) The original appointing authority may remove his or her
271 appointee from the council for misconduct or malfeasance in
272 office, neglect of duty, incompetence, or permanent inability to
273 perform official duties or if the member is adjudicated guilty
274 of a felony.
275 (4)(3)(a) The Florida Veterans’ Hall of Fame Council
276 Department of Veterans’ Affairs shall annually accept
277 nominations of persons to be considered for induction into the
278 Florida Veterans’ Hall of Fame and shall then transmit a list of
279 up to 20 nominees its recommendations to the Department of
280 Veterans’ Affairs for submission to the Governor and the Cabinet
281 who will select four persons from the list of the nominees to be
282 inducted.
283 (b) In selecting its nominees for submission making its
284 recommendations to the Governor and the Cabinet, the Florida
285 Veterans’ Hall of Fame Council Department of Veterans’ Affairs
286 shall give preference to veterans who were born in Florida or
287 adopted Florida as their home state or base of operation and who
288 have made a significant contribution to the state in civic,
289 business, public service, or other pursuits.
290 (5)(4) The Florida Veterans’ Hall of Fame Council
291 Department of Veterans’ Affairs may establish criteria and set
292 specific time periods for acceptance of nominations and for the
293 process of selection of nominees for membership and establish a
294 formal induction ceremony to coincide with the annual
295 commemoration of Veterans’ Day.
296 Section 3. Section 295.187, Florida Statutes, is amended to
297 read:
298 295.187 Florida Service-Disabled Veteran Business
299 Enterprise Opportunity Act.—
300 (1) SHORT TITLE.—This section may be cited as the “Florida
301 Service-Disabled Veteran Business Enterprise Opportunity Act.”
302 (2) INTENT.—It is the intent of the Legislature to rectify
303 the economic disadvantage of service-disabled veterans, who are
304 statistically the least likely to be self-employed when compared
305 to the veteran population as a whole and who have made
306 extraordinary sacrifices on behalf of the nation, the state, and
307 the public, by providing opportunities for service-disabled
308 veteran business enterprises as set forth in this section. The
309 Legislature also intends to recognize wartime veterans and
310 veterans of a period of war for their sacrifices as set forth in
311 this section.
312 (3) DEFINITIONS.—For the purpose of this section, the term:
313 (a) “Certified service-disabled veteran business
314 enterprise” means a business that has been certified by the
315 Department of Management Services to be a service-disabled
316 veteran business enterprise as defined in paragraph (c).
317 (b) “Service-disabled veteran” means a veteran who is a
318 permanent Florida resident with a service-connected disability
319 as determined by the United States Department of Veterans
320 Affairs or who has been terminated from military service by
321 reason of disability by the United States Department of Defense.
322 (c) “Service-disabled Veteran business enterprise” means an
323 independently owned and operated business that:
324 1. Employs 200 or fewer permanent full-time employees;
325 2. Together with its affiliates has a net worth of $5
326 million or less or, if a sole proprietorship, has a net worth of
327 $5 million or less including both personal and business
328 investments;
329 3. Is organized to engage in commercial transactions;
330 4. Is domiciled in this state;
331 5. Is at least 51 percent owned by one or more wartime
332 veterans or service-disabled veterans; and
333 6. The management and daily business operations of which
334 are controlled by one or more wartime veterans or service
335 disabled veterans or, for a service-disabled veteran having with
336 a permanent and total disability, by the spouse or permanent
337 caregiver of the veteran.
338 (d) “Wartime veteran” means:
339 1. A wartime veteran as defined in s. 1.01(14); or
340 2. A veteran of a period of war, as used in 38 U.S.C. s.
341 1521, who served in the active military, naval, or air service:
342 a. For 90 days or more during a period of war;
343 b. During a period of war and was discharged or released
344 from such service for a service-connected disability;
345 c. For a period of 90 consecutive days or more and such
346 period began or ended during a period of war; or
347 d. For an aggregate of 90 days or more in two or more
348 separate periods of service during more than one period of war.
349 (4) VENDOR PREFERENCE.—
350 (a) A state agency, when considering two or more bids,
351 proposals, or replies for the procurement of commodities or
352 contractual services, at least one of which is from a certified
353 service-disabled veteran business enterprise, which that are
354 equal with respect to all relevant considerations, including
355 price, quality, and service, shall award such procurement or
356 contract to the certified service-disabled veteran business
357 enterprise.
358 (b) Notwithstanding s. 287.057(11), if a service-disabled
359 veteran business enterprise entitled to the vendor preference
360 under this section and one or more businesses entitled to this
361 preference or another vendor preference provided by law submit
362 bids, proposals, or replies for procurement of commodities or
363 contractual services which that are equal with respect to all
364 relevant considerations, including price, quality, and service,
365 then the state agency shall award the procurement or contract to
366 the business having the smallest net worth.
367 (c) Political subdivisions of the state are encouraged to
368 offer a similar consideration to businesses certified under this
369 section.
370 (5) CERTIFICATION PROCEDURE.—
371 (a) The application for certification as a service-disabled
372 veteran business enterprise must, at a minimum, include:
373 1. The name of the business enterprise applying for
374 certification and the name of the service-disabled veteran
375 submitting the application on behalf of the business enterprise.
376 2. The names of all owners of the business enterprise,
377 including owners who are wartime veterans, service-disabled
378 veterans, and owners who are not a wartime veteran or a service
379 disabled veteran veterans, and the percentage of ownership
380 interest held by each owner.
381 3. The names of all persons involved in both the management
382 and daily operations of the business, including the spouse or
383 permanent caregiver of a veteran who has with a permanent and
384 total disability.
385 4. The service-connected disability rating of all persons
386 listed under subparagraphs 1., 2., and 3., as applicable, with
387 supporting documentation from the United States Department of
388 Veterans Affairs or the United States Department of Defense.
389 5. Documentation of the wartime service of all persons
390 listed under subparagraphs 1., 2., and 3., as applicable, from
391 the United States Department of Veterans Affairs or the United
392 States Department of Defense.
393 6.5. The number of permanent full-time employees.
394 7.6. The location of the business headquarters.
395 8.7. The total net worth of the business enterprise and its
396 affiliates. In the case of a sole proprietorship, the net worth
397 includes personal and business investments.
398 (b) To maintain certification, a service-disabled veteran
399 business enterprise shall renew its certification biennially.
400 (c) The provisions of Chapter 120, relating to application,
401 denial, and revocation procedures, applies shall apply to
402 certifications under this section.
403 (d) A certified service-disabled veteran business
404 enterprise must notify the Department of Management Services
405 within 30 business days after any event that may significantly
406 affect the certification of the business, including, but not
407 limited to, a change in ownership or change in management and
408 daily business operations.
409 (e) The certification of a service-disabled veteran
410 business enterprise shall be revoked for 12 months if the
411 Department of Management Services determines that the business
412 enterprise violated paragraph (d). An owner of a certified
413 service-disabled veteran business enterprise whose certification
414 is revoked may is not permitted to reapply for certification
415 under this section as an owner of any business enterprise during
416 the 12-month revocation period.
417 1. During the 12-month revocation period, a service
418 disabled veteran business enterprise whose certification has
419 been revoked may bid on state contracts but is not eligible for
420 any preference available under this section.
421 2. A service-disabled veteran business enterprise whose
422 certification has been revoked may apply for certification at
423 the conclusion of the 12-month revocation period by complying
424 with requirements applicable to initial certifications.
425 (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
426 department shall:
427 (a) Assist the Department of Management Services in
428 establishing a certification procedure, which shall be reviewed
429 biennially and updated as necessary.
430 (b) Identify eligible service-disabled veteran business
431 enterprises by any electronic means, including electronic mail
432 or Internet website, or by any other reasonable means.
433 (c) Encourage and assist eligible service-disabled veteran
434 business enterprises to apply for certification under this
435 section.
436 (d) Provide information regarding services that are
437 available from the Office of Veterans’ Business Outreach of the
438 Florida Small Business Development Center to service-disabled
439 veteran business enterprises.
440 (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
441 department shall:
442 (a) With assistance from the Department of Veterans’
443 Affairs, establish a certification procedure, which shall be
444 reviewed biennially and updated as necessary.
445 (b) Grant, deny, or revoke the certification of a service
446 disabled veteran business enterprise under this section.
447 (c) Maintain an electronic directory of certified service
448 disabled veteran business enterprises for use by the state,
449 political subdivisions of the state, and the public.
450 (8) REPORT.—The Small Business Development Center shall
451 include in its report required by s. 288.705 the percentage of
452 certified service-disabled veteran business enterprises using
453 the statewide contracts register.
454 (9) RULES.—The Department of Veterans’ Affairs and the
455 Department of Management Services, as appropriate, may adopt
456 rules as necessary to administer this section.
457 Section 4. Effective October 1, 2012, section 320.089,
458 Florida Statutes, is amended to read:
459 320.089 Members of National Guard and active United States
460 Armed Forces reservists; former prisoners of war; survivors of
461 Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
462 Freedom and Operation Enduring Freedom Veterans; Combat Infantry
463 Badge recipients; Vietnam War Veterans; special license plates;
464 fee.—
465 (1)(a) Each owner or lessee of an automobile or truck for
466 private use or recreational vehicle as specified in s.
467 320.08(9)(c) or (d), which is not used for hire or commercial
468 use, who is a resident of the state and an active or retired
469 member of the Florida National Guard, a survivor of the attack
470 on Pearl Harbor, a recipient of the Purple Heart medal, or an
471 active or retired member of any branch of the United States
472 Armed Forces Reserve, or a recipient of the Combat Infantry
473 Badge shall, upon application to the department, accompanied by
474 proof of active membership or retired status in the Florida
475 National Guard, proof of membership in the Pearl Harbor
476 Survivors Association or proof of active military duty in Pearl
477 Harbor on December 7, 1941, proof of being a Purple Heart medal
478 recipient, or proof of active or retired membership in any
479 branch of the Armed Forces Reserve, or proof of membership in
480 the Combat Infantrymen’s Association, Inc., or other proof of
481 being a recipient of the Combat Infantry Badge, and upon payment
482 of the license tax for the vehicle as provided in s. 320.08, be
483 issued a license plate as provided by s. 320.06, upon which, in
484 lieu of the serial numbers prescribed by s. 320.06, shall be
485 stamped the words “National Guard,” “Pearl Harbor Survivor,”
486 “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
487 Badge,” as appropriate, followed by the serial number of the
488 license plate. Additionally, the Purple Heart plate may have the
489 words “Purple Heart” stamped on the plate and the likeness of
490 the Purple Heart medal appearing on the plate.
491 (b) Notwithstanding any other provision of law to the
492 contrary, beginning with fiscal year 2002-2003 and annually
493 thereafter, the first $100,000 in general revenue generated from
494 the sale of license plates issued under this section shall be
495 deposited into the Grants and Donations Trust Fund, as described
496 in s. 296.38(2), to be used for the purposes established by law
497 for that trust fund. Any additional general revenue generated
498 from the sale of such plates shall be deposited into the State
499 Homes for Veterans Trust Fund and used solely to construct,
500 operate, and maintain domiciliary and nursing homes for
501 veterans, subject to the requirements of chapter 216.
502 (c) Notwithstanding any provisions of law to the contrary,
503 an applicant for a Pearl Harbor Survivor license plate or a
504 Purple Heart license plate who also qualifies for a disabled
505 veteran’s license plate under s. 320.084 shall be issued the
506 appropriate special license plate without payment of the license
507 tax imposed by s. 320.08.
508 (2) Each owner or lessee of an automobile or truck for
509 private use, truck weighing not more than 7,999 pounds, or
510 recreational vehicle as specified in s. 320.08(9)(c) or (d),
511 which is not used for hire or commercial use, who is a resident
512 of the state and who is a former prisoner of war, or their
513 unremarried surviving spouse, shall, upon application therefor
514 to the department, be issued a license plate as provided in s.
515 320.06, on which license plate are stamped the words “Ex-POW”
516 followed by the serial number. Each application shall be
517 accompanied by proof that the applicant meets the qualifications
518 specified in paragraph (a) or paragraph (b).
519 (a) A citizen of the United States who served as a member
520 of the Armed Forces of the United States or the armed forces of
521 a nation allied with the United States who was held as a
522 prisoner of war at such time as the Armed Forces of the United
523 States were engaged in combat, or their unremarried surviving
524 spouse, may be issued the special license plate provided for in
525 this subsection without payment of the license tax imposed by s.
526 320.08.
527 (b) A person who was serving as a civilian with the consent
528 of the United States Government, or a person who was a member of
529 the Armed Forces of the United States who was not a United
530 States citizen and was held as a prisoner of war when the Armed
531 Forces of the United States were engaged in combat, or their
532 unremarried surviving spouse, may be issued the special license
533 plate provided for in this subsection upon payment of the
534 license tax imposed by s. 320.08.
535 (3) Each owner or lessee of an automobile or truck for
536 private use, truck weighing not more than 7,999 pounds, or
537 recreational vehicle as specified in s. 320.08(9)(c) or (d),
538 which is not used for hire or commercial use, who is a resident
539 of this state and who is the unremarried surviving spouse of a
540 recipient of the Purple Heart medal shall, upon application
541 therefor to the department, with the payment of the required
542 fees, be issued a license plate as provided in s. 320.06, on
543 which license plate are stamped the words “Purple Heart” and the
544 likeness of the Purple Heart medal followed by the serial
545 number. Each application shall be accompanied by proof that the
546 applicant is the unremarried surviving spouse of a recipient of
547 the Purple Heart medal.
548 (4) The owner or lessee of an automobile or truck for
549 private use, a truck weighing not more than 7,999 pounds, or a
550 recreational vehicle as specified in s. 320.08(9)(c) or (d)
551 which automobile, truck, or recreational vehicle is not used for
552 hire or commercial use who is a resident of the state and a
553 current or former member of the United States military who was
554 deployed and served in Iraq during Operation Iraqi Freedom or in
555 Afghanistan during Operation Enduring Freedom shall, upon
556 application to the department, accompanied by proof of active
557 membership or former active duty status during one of these
558 operations, and upon payment of the license tax for the vehicle
559 as provided in s. 320.08, be issued a license plate as provided
560 by s. 320.06 upon which, in lieu of the registration license
561 number prescribed by s. 320.06, shall be stamped the words
562 “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as
563 appropriate, followed by the registration license number of the
564 plate.
565 (5) The owner or lessee of an automobile or truck for
566 private use, a truck weighing not more than 7,999 pounds, or a
567 recreational vehicle as specified in s. 320.08(9)(c) or (d)
568 which automobile, truck, or recreational vehicle is not used for
569 hire or commercial use, who is a resident of the state and a
570 current or former member of the United States military, and who
571 was deployed and served in Vietnam during United States military
572 deployment in Indochina shall, upon application to the
573 department, accompanied by proof of active membership or former
574 active duty status during these operations, and upon payment of
575 the license tax for the vehicle as provided in s. 320.08, be
576 issued a license plate as provided by s. 320.06 upon which, in
577 lieu of the registration license number prescribed by s. 320.06,
578 shall be stamped the words “Vietnam War Veteran,” followed by
579 the registration license number of the plate.
580 Section 5. Section 683.146, Florida Statutes, is created to
581 read:
582 683.146 Purple Heart Day.—
583 (1) August 7 of each year is designated as “Purple Heart
584 Day.”
585 (2) The Governor may annually issue a proclamation
586 designating August 7 as “Purple Heart Day.” Public officials,
587 schools, private organizations, and all residents of the state
588 are encouraged to commemorate Purple Heart Day and honor those
589 wounded or killed while serving in any branch of the United
590 States Armed Services.
591 Section 6. Sections 7 through 9 of this act may be cited as
592 the “T. Patt Maney Veterans’ Treatment Intervention Act.”
593 Section 7. Section 921.00242, Florida Statutes, is created
594 to read:
595 921.00242 Convicted military veterans; posttraumatic stress
596 disorder, traumatic brain injury, substance use disorder, or
597 psychological problems from service; treatment services.—
598 (1) The court must hold a veterans’ status hearing prior to
599 sentencing for a criminal offense if the defendant has alleged
600 that he or she committed the offense as a result of
601 posttraumatic stress disorder, traumatic brain injury, substance
602 use disorder, or psychological problems stemming from service in
603 a combat theater in the United States military.
604 (2) At a veterans’ status hearing conducted as required by
605 subsection (1), the court shall determine whether the defendant
606 was a member of the military forces of the United States who
607 served in a combat theater and assess whether the defendant
608 suffers from posttraumatic stress disorder, traumatic brain
609 injury, substance use disorder, or psychological problems as a
610 result of that service. The defendant shall bear the burden of
611 proof at the hearing.
612 (3) If the court concludes that the defendant is a person
613 described in subsection (2) who is eligible for probation or
614 community control and the court places the defendant on county
615 or state probation or into community control, the court may
616 order the defendant into a local, state, federal, or private
617 nonprofit treatment program as a condition of probation or
618 community control if the defendant agrees to participate in the
619 program and the court determines that an appropriate treatment
620 program exists.
621 (4) A defendant who is placed on county or state probation
622 or into community control and committed to a residential
623 treatment program under this section shall earn sentence credits
624 for the actual time he or she serves in the residential
625 treatment program if the court makes a written finding that it
626 would otherwise have sentenced the defendant to incarceration
627 except for the fact that the defendant is a person described in
628 subsection (2).
629 (5) In making an order under this section to commit a
630 defendant to a treatment program, whenever possible the court
631 shall place the defendant in a treatment program that has a
632 history of successfully treating combat veterans who suffer from
633 posttraumatic stress disorder, traumatic brain injury, substance
634 use disorder, or psychological problems as a result of that
635 service. The court shall give preference to treatment programs
636 for which the veteran is eligible through the United States
637 Department of Veterans Affairs or the Department of Veterans’
638 Affairs.
639 Section 8. Present subsection (7) of section 948.08,
640 Florida Statutes, is renumbered as subsection (8), and a new
641 subsection (7) is added to that section, to read:
642 948.08 Pretrial intervention program.—
643 (7)(a) A person who is charged with a felony, other than a
644 felony listed in s. 948.06(8)(c), and identified as a member or
645 former member of the military forces of the United States who
646 served in a combat theater and who suffers from posttraumatic
647 stress disorder, traumatic brain injury, substance use disorder,
648 or psychological problems as a result of that service is
649 eligible for voluntary admission into a pretrial veterans’
650 treatment intervention program approved by the chief judge of
651 the circuit, upon motion of either party or the court’s own
652 motion, except:
653 1. If a defendant was previously offered admission to a
654 pretrial veterans’ treatment intervention program at any time
655 prior to trial and the defendant rejected that offer on the
656 record, the court may deny the defendant’s admission to such a
657 program.
658 2. If a defendant previously entered a court-ordered
659 veterans’ treatment program, the court may deny the defendant’s
660 admission into the pretrial veterans’ treatment program.
661 3. If the state attorney believes that the facts and
662 circumstances of the case suggest the defendant’s involvement in
663 the selling of controlled substances, the court shall hold a
664 preadmission hearing. If the state attorney establishes, by a
665 preponderance of the evidence at such hearing, that the
666 defendant was involved in the selling of controlled substances,
667 the court shall deny the defendant’s admission into a pretrial
668 intervention program.
669 (b) While enrolled in a pretrial intervention program
670 authorized by this subsection, the participant shall be subject
671 to a coordinated strategy developed by a veterans’ treatment
672 intervention team. The coordinated strategy should be modeled
673 after the therapeutic jurisprudence principles and key
674 components in s. 397.334(4), with treatment specific to the
675 needs of veterans. The coordinated strategy may include a
676 protocol of sanctions that may be imposed upon the participant
677 for noncompliance with program rules. The protocol of sanctions
678 may include, but need not be limited to, placement in a
679 treatment program offered by a licensed service provider or in a
680 jail-based treatment program or serving a period of
681 incarceration within the time limits established for contempt of
682 court. The coordinated strategy must be provided in writing to
683 the participant before the participant agrees to enter into a
684 pretrial veterans’ treatment intervention program or other
685 pretrial intervention program. Any person whose charges are
686 dismissed after successful completion of the pretrial veterans’
687 treatment intervention program, if otherwise eligible, may have
688 his or her arrest record and plea of nolo contendere to the
689 dismissed charges expunged under s. 943.0585.
690 (c) At the end of the pretrial intervention period, the
691 court shall consider the recommendation of the administrator
692 pursuant to subsection (5) and the recommendation of the state
693 attorney as to disposition of the pending charges. The court
694 shall determine, by written finding, whether the defendant has
695 successfully completed the pretrial intervention program. If the
696 court finds that the defendant has not successfully completed
697 the pretrial intervention program, the court may order the
698 person to continue in education and treatment, which may include
699 treatment programs offered by licensed service providers or
700 jail-based treatment programs, or order that the charges revert
701 to normal channels for prosecution. The court shall dismiss the
702 charges upon a finding that the defendant has successfully
703 completed the pretrial intervention program.
704 Section 9. Section 948.16, Florida Statutes, is amended to
705 read:
706 948.16 Misdemeanor pretrial substance abuse education and
707 treatment intervention program; misdemeanor pretrial veterans’
708 treatment intervention program.—
709 (1)(a) A person who is charged with a misdemeanor for
710 possession of a controlled substance or drug paraphernalia under
711 chapter 893, and who has not previously been convicted of a
712 felony nor been admitted to a pretrial program, is eligible for
713 voluntary admission into a misdemeanor pretrial substance abuse
714 education and treatment intervention program, including a
715 treatment-based drug court program established pursuant to s.
716 397.334, approved by the chief judge of the circuit, for a
717 period based on the program requirements and the treatment plan
718 for the offender, upon motion of either party or the court’s own
719 motion, except, if the state attorney believes the facts and
720 circumstances of the case suggest the defendant is involved in
721 dealing and selling controlled substances, the court shall hold
722 a preadmission hearing. If the state attorney establishes, by a
723 preponderance of the evidence at such hearing, that the
724 defendant was involved in dealing or selling controlled
725 substances, the court shall deny the defendant’s admission into
726 the pretrial intervention program.
727 (b) While enrolled in a pretrial intervention program
728 authorized by this section, the participant is subject to a
729 coordinated strategy developed by a drug court team under s.
730 397.334(4). The coordinated strategy may include a protocol of
731 sanctions that may be imposed upon the participant for
732 noncompliance with program rules. The protocol of sanctions may
733 include, but is not limited to, placement in a substance abuse
734 treatment program offered by a licensed service provider as
735 defined in s. 397.311 or in a jail-based treatment program or
736 serving a period of incarceration within the time limits
737 established for contempt of court. The coordinated strategy must
738 be provided in writing to the participant before the participant
739 agrees to enter into a pretrial treatment-based drug court
740 program or other pretrial intervention program. Any person whose
741 charges are dismissed after successful completion of the
742 treatment-based drug court program, if otherwise eligible, may
743 have his or her arrest record and plea of nolo contendere to the
744 dismissed charges expunged under s. 943.0585.
745 (2)(a) A member or former member of the military forces of
746 the United States who served in a combat theater and who suffers
747 from posttraumatic stress disorder, traumatic brain injury,
748 substance use disorder, or psychological problems as a result of
749 that service who is charged with a misdemeanor is eligible for
750 voluntary admission into a misdemeanor pretrial veterans’
751 treatment intervention program approved by the chief judge of
752 the circuit, for a period based on the program requirements and
753 the treatment plan for the offender, upon motion of either party
754 or the court’s own motion. However, the court may deny the
755 defendant admission into a misdemeanor pretrial veterans’
756 treatment intervention program if the defendant has previously
757 entered a court-ordered veterans’ treatment program.
758 (b) While enrolled in a pretrial intervention program
759 authorized by this section, the participant shall be subject to
760 a coordinated strategy developed by a veterans’ treatment
761 intervention team. The coordinated strategy should be modeled
762 after the therapeutic jurisprudence principles and key
763 components in s. 397.334(4), with treatment specific to the
764 needs of veterans. The coordinated strategy may include a
765 protocol of sanctions that may be imposed upon the participant
766 for noncompliance with program rules. The protocol of sanctions
767 may include, but need not be limited to, placement in a
768 treatment program offered by a licensed service provider or in a
769 jail-based treatment program or serving a period of
770 incarceration within the time limits established for contempt of
771 court. The coordinated strategy must be provided in writing to
772 the participant before the participant agrees to enter into a
773 misdemeanor pretrial veterans’ treatment intervention program or
774 other pretrial intervention program. Any person whose charges
775 are dismissed after successful completion of the misdemeanor
776 pretrial veterans’ treatment intervention program, if otherwise
777 eligible, may have his or her arrest record and plea of nolo
778 contendere to the dismissed charges expunged under s. 943.0585.
779 (3)(2) At the end of the pretrial intervention period, the
780 court shall consider the recommendation of the treatment program
781 and the recommendation of the state attorney as to disposition
782 of the pending charges. The court shall determine, by written
783 finding, whether the defendant successfully completed the
784 pretrial intervention program. Notwithstanding the coordinated
785 strategy developed by a drug court team pursuant to s.
786 397.334(4) or by the veterans’ treatment intervention team, if
787 the court finds that the defendant has not successfully
788 completed the pretrial intervention program, the court may order
789 the person to continue in education and treatment or return the
790 charges to the criminal docket for prosecution. The court shall
791 dismiss the charges upon finding that the defendant has
792 successfully completed the pretrial intervention program.
793 (4)(3) Any public or private entity providing a pretrial
794 substance abuse education and treatment program under this
795 section shall contract with the county or appropriate
796 governmental entity. The terms of the contract shall include,
797 but not be limited to, the requirements established for private
798 entities under s. 948.15(3). This requirement does not apply to
799 services provided by the Department of Veterans’ Affairs or the
800 United States Department of Veterans Affairs.
801 Section 10. Subsection (1) of section 1003.05, Florida
802 Statutes, is amended to read:
803 1003.05 Assistance to transitioning students from military
804 families.—
805 (1) The Legislature finds that school-aged dependents of
806 military personnel, otherwise known as military students, are
807 faced with numerous transitions during their formative years and
808 that moves during the high school years provide special
809 challenges to learning and future achievement.
810 (a) Recognizing the challenges faced by military students
811 and the importance of military families to our community and
812 economy, the Department of Education shall assist the transition
813 of these students by improving the timely transfer of records,
814 developing systems to ease student transition during the first 2
815 weeks of enrollment, promoting practices which foster access to
816 extracurricular programs, establishing procedures to lessen the
817 adverse impact of moves from the end of the junior year as well
818 as before and during the senior year, encouraging or continuing
819 partnerships between the military base and the school system,
820 providing services for transitioning students when applying to
821 and finding funding for postsecondary study, and providing other
822 assistance as identified by department, school, and military
823 personnel.
824 (b) If a local school board adjusts school zones within its
825 boundaries, military students shall be given the option of
826 remaining at the school they are currently attending or may
827 attend the school assigned as a result of the rezoning.
828 Section 11. Section 1004.075, Florida Statutes, is created
829 to read:
830 1004.075 Priority course registration for veterans.—Each
831 Florida College System institution and state university that
832 offers priority course registration for a segment of the student
833 population, or upon implementation of priority course
834 registration for a segment of the student population, shall
835 provide priority course registration for each veteran of the
836 United States Armed Forces. Priority registration shall be given
837 to the spouse or a dependent child of the veteran to whom GI
838 Bill educational benefits have been transferred. Each eligible
839 veteran shall be granted priority for course registration for
840 the duration of his or her attendance at a Florida College
841 System institution and state university if priority registration
842 is offered. A spouse or dependent child shall also be granted
843 priority for registration until the expiration of the GI Bill
844 educational benefits.
845 Section 12. Section 1005.09, Florida Statutes, is created
846 to read:
847 1005.09 Priority course registration for veterans.—Each
848 independent postsecondary educational institution that is under
849 the jurisdiction of the commission or is exempt from the
850 jurisdiction of the commission and that offers priority course
851 registration for a segment of the student population, or upon
852 implementation of priority course registration for a segment of
853 the student population, is encouraged to provide priority course
854 registration for each veteran of the United States Armed Forces,
855 or his or her spouse or dependent children, who is receiving GI
856 Bill educational benefits, in accordance with s. 1004.075.
857 Section 13. Present paragraphs (c) through (k) of
858 subsection (10) of section 1009.21, Florida Statutes, are
859 redesignated as paragraphs (d) through (l), respectively, and a
860 new paragraph (c) is added to that subsection, to read:
861 1009.21 Determination of resident status for tuition
862 purposes.—Students shall be classified as residents or
863 nonresidents for the purpose of assessing tuition in
864 postsecondary educational programs offered by charter technical
865 career centers or career centers operated by school districts,
866 in Florida College System institutions, and in state
867 universities.
868 (10) The following persons shall be classified as residents
869 for tuition purposes:
870 (c) Veterans of the Armed Services of the United States,
871 including reserve components thereof, who attend the physical
872 location of a public college, university, or institution of
873 higher learning within the state.
874 Section 14. Any veteran of the United States Armed Forces
875 who was a resident of this state 4 years before entering
876 military service and who holds an associate degree or has earned
877 at least 60 college credit hours from a Florida College System
878 institution shall be admitted to any Florida College System
879 institution or state university of the veteran’s choice.
880 Section 15. Except as otherwise expressly provided in this
881 act, this act shall take effect July 1, 2012.