Senate Bill sb1622c2

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    Florida Senate - 2004                    CS for CS for SB 1622

    By the Committees on Health, Aging, and Long-Term Care;
    Education; Military and Veterans' Affairs, Base Protection,
    and Spaceports; and Senators Fasano, Clary, Crist, Siplin,
    Lynn, Wasserman Schultz, Haridopolos, Miller and Bullard


    317-2294-04

  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; requiring the

19         State Board of Education to adopt rules;

20         amending s. 1003.05, F.S.; directing the

21         Department of Education to assist in the

22         development of memoranda of agreement between

23         school districts and military installations;

24         providing that qualifying military dependents

25         receive priority admission to certain special

26         academic programs; creating s. 1008.221, F.S.;

27         providing for alternate assessments for the

28         grade 10 FCAT for certain military dependents;

29         amending s. 1009.21, F.S.; classifying certain

30         liaison officers and their spouses and

31         dependent children as residents for tuition

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 1         purposes; directing Workforce Florida, Inc., to

 2         establish an employment advocacy and assistance

 3         program targeting military spouses and

 4         dependents; directing the Florida Housing

 5         Finance Corporation to assess the housing needs

 6         of Florida's military families; requiring a

 7         report; providing an effective date.

 8  

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

10  

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

12  Statutes, is amended to read:

13         295.01  Children of deceased or disabled veterans;

14  education.--

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

16  state to provide educational opportunity at state expense for

17  dependent children either of whose parents was a resident of

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

19  and:

20         (a)  Died as a result of service-connected injuries,

21  disease, or disability sustained while on active duty; in that

22  service or from injuries sustained or disease contracted

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

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

25  disability resulting from such war service, or

26         (b)  Has been:

27         1.  Determined by the United States Department of

28  Veterans Affairs or its predecessor to have a

29  service-connected 100-percent total and permanent disability

30  rating for compensation;,

31  

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

 2  permanent disability rating of 100 percent and is in receipt

 3  of disability retirement pay from any branch of the United

 4  States Armed Services;, or

 5         3.  Issued a valid identification card by the

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

 7  

 8  when the parents of such children have been bona fide

 9  residents of the state for 5 years next preceding their

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

11  restrictions, and limitations hereof.

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

13  Statutes, is amended to read:

14         445.007  Regional workforce boards; exemption from

15  public meetings law.--

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

17  each designated service delivery area and shall serve as the

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

19  105-220. The membership of the board shall be consistent with

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

21  representative from a nonpublic postsecondary educational

22  institution that is an authorized individual training account

23  provider within the region and confers certificates and

24  diplomas, one representative from a nonpublic postsecondary

25  educational institution that is an authorized individual

26  training account provider within the region and confers

27  degrees, and three representatives of organized labor. The

28  board shall include one representative from a military

29  installation if a military installation is located within the

30  region. Individuals serving as members of regional workforce

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

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 1  2000, are eligible for appointment to regional workforce

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

 3  Legislature that, whenever possible and to the greatest extent

 4  practicable, membership of a regional workforce board include

 5  persons who are current or former recipients of welfare

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

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

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

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

10  representation shall be considered when making appointments to

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

12  contract with an organization or individual represented on the

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

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

15  could benefit financially from the transaction must abstain

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

17  such conflict in a manner that is consistent with the

18  procedures outlined in s. 112.3143.

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

20  section 464.009, Florida Statutes, are redesignated as

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

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

23         464.009  Licensure by endorsement.--

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

25  relocating to this state pursuant to his or her

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

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

28  Licensure Compact shall be deemed to have satisfied the

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

30  by endorsement upon submission of the appropriate application

31  

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 1  and fees and completion of the criminal background check

 2  required under subsection (4).

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

 4  Statutes, is amended to read:

 5         464.022  Exceptions.--No provision of this part shall

 6  be construed to prohibit:

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

 8  territory of the United States from performing nursing

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

10  furnishing to the employer satisfactory evidence of current

11  licensure in another state or territory and having submitted

12  proper application and fees to the board for licensure prior

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

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

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

16  period shall be 120 days after furnishing to the employer

17  satisfactory evidence of current licensure in another state or

18  territory and having submitted proper application and fees to

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

20  extend this time for administrative purposes when necessary.

21         Section 5.  Subsections (2) and (8) of section 1002.39,

22  Florida Statutes, are amended to read:

23         1002.39  The John M. McKay Scholarships for Students

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

25  that is separate and distinct from the Opportunity Scholarship

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

27  Students with Disabilities Program, pursuant to this section.

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

29  school student with a disability who is dissatisfied with the

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

31  

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

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

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

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

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

 6  attendance means that the student was enrolled and reported by

 7  a school district for funding during the preceding October and

 8  February Florida Education Finance Program surveys in

 9  kindergarten through grade 12. However, this paragraph does

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

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

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

13  parent's permanent change of station orders. A dependent child

14  of a member of the United States Armed Forces who transfers to

15  a school in this state from out of state or from a foreign

16  country pursuant to a parent's permanent change of station

17  orders must meet all other eligibility requirements to

18  participate in the program.

19         (b)  The parent has obtained acceptance for admission

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

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

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

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

24  parental notification must be through a communication directly

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

26  district in a manner that creates a written or electronic

27  record of the notification and the date of receipt of the

28  notification.

29  

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

31  school operating for the purpose of providing educational

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 1  services to youth in Department of Juvenile Justice commitment

 2  programs. For purposes of continuity of educational choice,

 3  the scholarship shall remain in force until the student

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

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

 6  student from the private school and place the student in

 7  another private school that is eligible for the program under

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

 9  (3).

10         (8)  RULES.--The State Board of Education shall may

11  adopt rules pursuant to ss. 120.536(1) and 120.54 to

12  administer this section, including rules that school districts

13  must use to expedite the development of a matrix of services

14  based on a current individual education plan from another

15  state or a foreign country for a transferring student with a

16  disability who is a dependent child of a member of the United

17  States Armed Forces. The rules must identify the appropriate

18  school district personnel who must complete the matrix of

19  services.  For purposes of these rules, a transferring

20  student with a disability is one who was previously enrolled

21  as a student with a disability in an out-of-state or an

22  out-of-country public or private school or agency program and

23  who is transferring from out of state or from a foreign

24  country pursuant to a parent's permanent change of station

25  orders. However, the inclusion of eligible private schools

26  within options available to Florida public school students

27  does not expand the regulatory authority of the state, its

28  officers, or any school district to impose any additional

29  regulation of private schools beyond those reasonably

30  necessary to enforce requirements expressly set forth in this

31  section.

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 1         Section 6.  Subsection (2) of section 1003.05, Florida

 2  Statutes, is amended, and subsection (3) is added to that

 3  section to read:

 4         1003.05  Assistance to transitioning students from

 5  military families.--

 6         (2)  The Department of Education shall facilitate the

 7  development and implementation of memoranda of agreement

 8  between school districts and military installations which

 9  address strategies for assisting students who are the children

10  of active-duty military personnel in the transition to Florida

11  schools. identify its efforts and strategies for assisting

12  military-connected students in transitioning to the Florida

13  school system, including the identification of acceptable

14  equivalence for curriculum and graduation requirements, and

15  report its findings to the Governor, the President of the

16  Senate, and the Speaker of the House of Representatives by

17  October 1, 2003.

18         (3)  Dependent children of active-duty military

19  personnel who otherwise meet the eligibility criteria for

20  special academic programs offered through public schools shall

21  be given first preference for admission to such programs even

22  if the program is being offered through a public school other

23  than the school to which the student would generally be

24  assigned and the school at which the program is being offered

25  has reached its maximum enrollment.  If such a program is

26  offered through a public school other than the school to which

27  the student would generally be assigned, the parent or

28  guardian of the student must assume responsibility for

29  transporting the student to that school.  For purposes of this

30  subsection special academic programs include charter schools,

31  

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 1  magnet schools, advanced studies programs, advanced placement,

 2  dual enrollment, and International Baccalaureate.

 3         Section 7.  Section 1008.221, Florida Statutes, is

 4  created to read:

 5         1008.221  Dependent children of military personnel

 6  transferring to Florida schools; equivalencies for

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

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

 9  12th grade from out of state or from a foreign country and

10  provides satisfactory proof of attaining a score on an

11  approved alternative assessment that is concordant to a

12  passing score on the grade 10 FCAT shall satisfy the

13  assessment requirement for a standard high school diploma as

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

15  approved alternative assessments are the SAT and ACT.

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

17  of section 1009.21, Florida Statutes, to read:

18         1009.21  Determination of resident status for tuition

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

20  nonresidents for the purpose of assessing tuition in community

21  colleges and state universities.

22         (10)  The following persons shall be classified as

23  residents for tuition purposes:

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

25  who are serving as liaison officers and are residing or

26  stationed in this state, and their spouses and dependent

27  children, attending a community college or state university

28  within 50 miles of the military establishment where the

29  foreign liaison officer is stationed.

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

31  families are faced with a variety of challenges, including

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    Florida Senate - 2004                    CS for CS for SB 1622
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 1  frequent relocations, recurring deployments, lengthy periods

 2  of separation, and heightened anxiety and uncertainty during

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

 4  skills and maintain a career contributes to the financial

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

 6  life, and military retention and readiness. Military spouses

 7  are often required to terminate their employment in order to

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

 9  unemployment rate for military spouses is approximately four

10  times the civilian unemployment rate, and military spouse

11  earnings are significantly lower than those of their

12  comparably educated civilian peers.  Recognizing the

13  employment challenges faced by military spouses and the

14  importance of military families to our communities and

15  economy, the Legislature declares its intent to establish an

16  employment advocacy and assistance program to serve Florida's

17  military families.

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

19  employment advocacy and assistance program targeting military

20  spouses and dependents.  This program shall deliver employment

21  assistance services through military family employment

22  advocates colocated within selected one-stop career centers.

23  Persons eligible for assistance through this program shall

24  include spouses and dependents of active-duty military

25  personnel, Florida National Guard members, and military

26  reservists.

27         (3)  Military family employment advocates are

28  responsible for providing the following services and

29  activities:

30  

31  

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 1         (a)  Coordination of employment assistance services

 2  through military base family support centers, Florida's

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

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

 5  staff on the unique employment needs and skills of military

 6  family members.

 7         (c)  Promoting and marketing the benefits of employing

 8  military family members to prospective employers.

 9         (d)  Assisting employment-seeking military family

10  members through job counseling, job search and placement

11  services, the dissemination of information on educational and

12  training programs, and the availability of support services.

13         (e)  Other employment assistance services Workforce

14  Florida, Inc., deems necessary.

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

16  with public and private entities to provide services

17  authorized under this section.

18         Section 10.  The Florida Housing Finance Corporation

19  shall undertake an assessment of the needs of active duty

20  military personnel and their families living in Florida for

21  affordable housing.  The needs assessment shall provide

22  information on the population characteristics of the service

23  personnel and their families having total gross incomes of up

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

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

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

27  condition of existing housing; and the availability of

28  homeowner and rental housing that is affordable to these

29  service personnel and their families.  The corporation shall

30  report its findings and recommendations to the Governor, the

31  President of the Senate, the Speaker of the House of

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 1  Representatives, the Senate Minority Leader, and the House

 2  Minority Leader by December 31, 2004.

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

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                        CS for Senate 1622

 8                                 

 9  The Committee Substitute requires dependent children of
    active-duty military personnel who otherwise meet the
10  eligibility criteria for special academic programs offered
    through public schools to be given first preference for
11  admission to such programs. Special academic programs, for
    purposes of this preference, include charter schools, magnet
12  schools, advanced studies programs, advanced placement, dual
    enrollment, and International Baccalaureate.
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