Senate Bill sb1622

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    Florida Senate - 2004                                  SB 1622

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senators Fasano, Clary, Crist,
    Siplin, Lynn, Wasserman Schultz and Haridopolos



    301-1205A-04

  1                      A bill to be entitled

  2         An act relating to military families; amending

  3         s. 295.01, F.S.; revising certain requirements

  4         relating to scholarships for children of

  5         deceased veterans; amending s. 445.007, F.S.;

  6         providing for the appointment of a military

  7         representative to certain regional workforce

  8         boards; amending s. 464.009, F.S.; providing

  9         for licensure by endorsement of certain nurses

10         licensed in another state that is a member of

11         the Nurse Licensure Compact; amending s.

12         464.022, F.S.; providing that certain nurses

13         relocating to this state may perform nursing

14         services for a period of 120 days after

15         submitting application for licensure; amending

16         s. 1002.39, F.S.; revising eligibility

17         requirements for military dependents applying

18         for a John M. McKay Scholarship; amending s.

19         1003.05, F.S.; directing the Department of

20         Education to assist in the development of

21         memoranda of agreement between school districts

22         and military installations; creating s.

23         1008.221, F.S.; providing for alternate

24         assessments for the grade 10 FCAT for certain

25         military dependents; amending s. 1009.21, F.S.;

26         classifying certain liaison officers and their

27         spouses and dependent children as residents for

28         tuition purposes; directing Workforce Florida,

29         Inc., to establish an employment advocacy and

30         assistance program targeting military spouses

31         and dependents; directing the Florida Housing

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    Florida Senate - 2004                                  SB 1622
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 1         Finance Corporation to assess the housing needs

 2         of Florida's military families; requiring a

 3         report; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsection (1) of section 295.01, Florida

 8  Statutes, is amended to read:

 9         295.01  Children of deceased or disabled veterans;

10  education.--

11         (1)  It is hereby declared to be the policy of the

12  state to provide educational opportunity at state expense for

13  dependent children either of whose parents was a resident of

14  the state at the time such parent entered the Armed Forces

15  and:

16         (a)  Died while on active duty as a result of

17  service-connected injuries, disease, or disability; in that

18  service or from injuries sustained or disease contracted

19  during a period of wartime service as defined in s. 1.01(14)

20  or has died since or may hereafter die from diseases or

21  disability resulting from such war service, or

22         (b)  Has been:

23         1.  Determined by the United States Department of

24  Veterans Affairs or its predecessor to have a

25  service-connected 100-percent total and permanent disability

26  rating for compensation;,

27         2.  Determined to have a service-connected total and

28  permanent disability rating of 100 percent and is in receipt

29  of disability retirement pay from any branch of the United

30  States Armed Services;, or

31  

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    Florida Senate - 2004                                  SB 1622
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 1         3.  Issued a valid identification card by the

 2  Department of Veterans' Affairs in accordance with s. 295.17,

 3  

 4  when the parents of such children have been bona fide

 5  residents of the state for 5 years next preceding their

 6  application for the benefits hereof, and subject to the rules,

 7  restrictions, and limitations hereof.

 8         Section 2.  Subsection (1) of section 445.007, Florida

 9  Statutes, is amended to read:

10         445.007  Regional workforce boards; exemption from

11  public meetings law.--

12         (1)  One regional workforce board shall be appointed in

13  each designated service delivery area and shall serve as the

14  local workforce investment board pursuant to Pub. L. No.

15  105-220. The membership of the board shall be consistent with

16  Pub. L. No. 105-220, Title I, s. 117(b), and contain one

17  representative from a nonpublic postsecondary educational

18  institution that is an authorized individual training account

19  provider within the region and confers certificates and

20  diplomas, one representative from a nonpublic postsecondary

21  educational institution that is an authorized individual

22  training account provider within the region and confers

23  degrees, and three representatives of organized labor. The

24  board shall include one representative from a military

25  installation if a military installation is located within the

26  region. Individuals serving as members of regional workforce

27  development boards or local WAGES coalitions, as of June 30,

28  2000, are eligible for appointment to regional workforce

29  boards, pursuant to this section. It is the intent of the

30  Legislature that, whenever possible and to the greatest extent

31  practicable, membership of a regional workforce board include

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 1  persons who are current or former recipients of welfare

 2  transition assistance as defined in s. 445.002(3) or workforce

 3  services as provided in s. 445.009(1), or that such persons be

 4  included as ex officio members of the board or of committees

 5  organized by the board. The importance of minority and gender

 6  representation shall be considered when making appointments to

 7  the board. If the regional workforce board enters into a

 8  contract with an organization or individual represented on the

 9  board of directors, the contract must be approved by a

10  two-thirds vote of the entire board, and the board member who

11  could benefit financially from the transaction must abstain

12  from voting on the contract. A board member must disclose any

13  such conflict in a manner that is consistent with the

14  procedures outlined in s. 112.3143.

15         Section 3.  Present subsections (3), (4), and (5) of

16  section 464.009, Florida Statutes, are redesignated as

17  subsections (4), (5), and (6), respectively, and a new

18  subsection (3) is added to that section to read:

19         464.009  Licensure by endorsement.--

20         (3)  An applicant for licensure by endorsement who is

21  relocating to this state pursuant to his or her

22  military-connected spouse's official military orders and who

23  is licensed in another state that is a member of the Nurse

24  Licensure Compact shall be deemed to have satisfied the

25  requirements of subsection (1) and shall be issued a license

26  by endorsement upon submission of the appropriate application

27  and fees and completion of the criminal background check

28  required under subsection (4).

29         Section 4.  Subsection (8) of section 464.022, Florida

30  Statutes, is amended to read:

31  

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    Florida Senate - 2004                                  SB 1622
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 1         464.022  Exceptions.--No provision of this part shall

 2  be construed to prohibit:

 3         (8)  Any nurse currently licensed in another state or

 4  territory of the United States from performing nursing

 5  services in this state for a period of 60 days after

 6  furnishing to the employer satisfactory evidence of current

 7  licensure in another state or territory and having submitted

 8  proper application and fees to the board for licensure prior

 9  to employment. If the nurse licensed in another state or

10  territory is relocating to this state pursuant to his or her

11  military-connected spouse's official military orders, this

12  period shall be 120 days after furnishing to the employer

13  satisfactory evidence of current licensure in another state or

14  territory and having submitted proper application and fees to

15  the board for licensure prior to employment.  The board may

16  extend this time for administrative purposes when necessary.

17         Section 5.  Subsection (2) of section 1002.39, Florida

18  Statutes, is amended to read:

19         1002.39  The John M. McKay Scholarships for Students

20  with Disabilities Program.--There is established a program

21  that is separate and distinct from the Opportunity Scholarship

22  Program and is named the John M. McKay Scholarships for

23  Students with Disabilities Program, pursuant to this section.

24         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

25  school student with a disability who is dissatisfied with the

26  student's progress may request and receive from the state a

27  John M. McKay Scholarship for the child to enroll in and

28  attend a private school in accordance with this section if:

29         (a)  By assigned school attendance area or by special

30  assignment, the student has spent the prior school year in

31  attendance at a Florida public school. Prior school year in

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    Florida Senate - 2004                                  SB 1622
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 1  attendance means that the student was enrolled and reported by

 2  a school district for funding during the preceding October and

 3  February Florida Education Finance Program surveys in

 4  kindergarten through grade 12. However, this paragraph does

 5  not apply to a dependent child of a member of the United

 6  States Armed Forces who transfers to a school in this state

 7  from out of state or from a foreign country pursuant to a

 8  parent's permanent change of station orders.

 9         (b)  The parent has obtained acceptance for admission

10  of the student to a private school that is eligible for the

11  program under subsection (4) and has notified the school

12  district of the request for a scholarship at least 60 days

13  prior to the date of the first scholarship payment. The

14  parental notification must be through a communication directly

15  to the district or through the Department of Education to the

16  district in a manner that creates a written or electronic

17  record of the notification and the date of receipt of the

18  notification.

19  

20  This section does not apply to a student who is enrolled in a

21  school operating for the purpose of providing educational

22  services to youth in Department of Juvenile Justice commitment

23  programs. For purposes of continuity of educational choice,

24  the scholarship shall remain in force until the student

25  returns to a public school or graduates from high school.

26  However, at any time, the student's parent may remove the

27  student from the private school and place the student in

28  another private school that is eligible for the program under

29  subsection (4) or in a public school as provided in subsection

30  (3).

31  

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    Florida Senate - 2004                                  SB 1622
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 1         Section 6.  Subsection (2) of section 1003.05, Florida

 2  Statutes, is amended to read:

 3         1003.05  Assistance to transitioning students from

 4  military families.--

 5         (2)  The Department of Education shall facilitate the

 6  development and implementation of memoranda of agreement

 7  between school districts and military installations which

 8  address strategies for assisting military students in the

 9  transition to Florida schools. identify its efforts and

10  strategies for assisting military-connected students in

11  transitioning to the Florida school system, including the

12  identification of acceptable equivalence for curriculum and

13  graduation requirements, and report its findings to the

14  Governor, the President of the Senate, and the Speaker of the

15  House of Representatives by October 1, 2003.

16         Section 7.  Section 1008.221, Florida Statutes, is

17  created to read:

18         1008.221  Dependent children of military personnel

19  transferring to Florida schools; equivalencies for

20  standardized tests.--A dependent child of a member of the

21  United States Armed Forces who enters a public school at the

22  12th grade from out of state or from a foreign country and

23  provides satisfactory proof of attaining a score on an

24  approved alternative assessment that is concordant to a

25  passing score on the grade 10 FCAT shall satisfy the

26  assessment requirement for a standard high school diploma as

27  provided in s. 1003.43(5)(a). For purposes of this section,

28  approved alternative assessments are the SAT and ACT.

29         Section 8.  Paragraph (k) is added to subsection (10)

30  of section 1009.21, Florida Statutes, to read:

31  

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    Florida Senate - 2004                                  SB 1622
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 1         1009.21  Determination of resident status for tuition

 2  purposes.--Students shall be classified as residents or

 3  nonresidents for the purpose of assessing tuition in community

 4  colleges and state universities.

 5         (10)  The following persons shall be classified as

 6  residents for tuition purposes:

 7         (k)  Active duty members of a foreign nation's military

 8  who are serving as liaison officers and are residing or

 9  stationed in this state, and their spouses and dependent

10  children, attending a community college or state university

11  within 50 miles of the military establishment where the

12  foreign liaison officer is stationed.

13         Section 9.  (1)  The Legislature finds that military

14  families are faced with a variety of challenges, including

15  frequent relocations, recurring deployments, lengthy periods

16  of separation, and heightened anxiety and uncertainty during

17  periods of conflict.  A military spouse's ability to gain job

18  skills and maintain a career contributes to the financial

19  well-being of the family, spouse satisfaction with military

20  life, and military retention and readiness. Military spouses

21  are often required to terminate their employment in order to

22  support their spouse's highly mobile military commitment.  The

23  unemployment rate for military spouses is approximately four

24  times the civilian unemployment rate, and military spouse

25  earnings are significantly lower than those of their

26  comparably educated civilian peers.  Recognizing the

27  employment challenges faced by military spouses and the

28  importance of military families to our communities and

29  economy, the Legislature declares its intent to establish an

30  employment advocacy and assistance program to serve Florida's

31  military families.

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 1         (2)  Workforce Florida, Inc., shall establish an

 2  employment advocacy and assistance program targeting military

 3  spouses and dependents.  This program shall deliver employment

 4  assistance services through military family employment

 5  advocates colocated within selected one-stop career centers.

 6  Persons eligible for assistance through this program shall

 7  include spouses and dependents of active-duty military

 8  personnel, Florida National Guard members, and military

 9  reservists.

10         (3)  Military family employment advocates are

11  responsible for providing the following services and

12  activities:

13         (a)  Coordination of employment assistance services

14  through military base family support centers, Florida's

15  one-stop career centers, and veteran-support organizations.

16         (b)  Training to one-stop career center managers and

17  staff on the unique employment needs and skills of military

18  family members.

19         (c)  Promoting and marketing the benefits of employing

20  military family members to prospective employers.

21         (d)  Assisting employment-seeking military family

22  members through job counseling, job search and placement

23  services, the dissemination of information on educational and

24  training programs, and the availability of support services.

25         (e)  Other employment assistance services Workforce

26  Florida, Inc., deems necessary.

27         (4)  Workforce Florida, Inc., may enter into agreements

28  with public and private entities to provide services

29  authorized under this section.

30         Section 10.  The Florida Housing Finance Corporation

31  shall undertake an assessment of the needs of active duty

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    Florida Senate - 2004                                  SB 1622
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 1  military personnel and their families living in Florida for

 2  affordable housing.  The needs assessment shall provide

 3  information on the population characteristics of the service

 4  personnel and their families having total gross incomes of up

 5  to 80 percent of the local area's median income who are living

 6  off base, including, but not limited to, the number of

 7  households by family size, income, and current tenancy; the

 8  condition of existing housing; and the availability of

 9  homeowner and rental housing that is affordable to these

10  service personnel and their families.  The corporation shall

11  report its findings and recommendations to the Governor, the

12  President of the Senate, the Speaker of the House of

13  Representatives, the Senate Minority Leader, and the House

14  Minority Leader by December 31, 2004.

15         Section 11.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Provides assistance to military personnel, and families
      of military personnel, in a variety of issues, including
21    professional licensure, educational opportunities,
      employment assistance, and housing availability. (See
22    bill for details.)

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