| 1 | A bill to be entitled |
| 2 | An act relating to current and former military |
| 3 | personnel; amending s. 295.187, F.S.; revising |
| 4 | legislative intent; renaming and revising the Florida |
| 5 | Service-Disabled Veteran Business Enterprise |
| 6 | Opportunity Act to expand the vendor preference in |
| 7 | state contracting to include certain businesses owned |
| 8 | and operated by wartime veterans or veterans of a |
| 9 | period of war; amending s. 320.089, F.S.; providing |
| 10 | for the issuance of a Combat Infantry Badge license |
| 11 | plate and a Vietnam War Veterans license plate; |
| 12 | providing qualifications and requirements for the |
| 13 | plates; providing for the use of proceeds from the |
| 14 | sale of the plates; creating s. 683.146, F.S.; |
| 15 | designating August 7 of each year as "Purple Heart |
| 16 | Day"; providing a short title; creating s. 921.00242, |
| 17 | F.S.; providing that a person who alleges that he or |
| 18 | she committed a criminal offense as a result of |
| 19 | posttraumatic stress disorder, traumatic brain injury, |
| 20 | substance use disorder, or psychological problems |
| 21 | stemming from service in a combat theater in the |
| 22 | United States military may have a hearing on that |
| 23 | issue before sentencing; providing that a defendant |
| 24 | who is eligible for probation or community control may |
| 25 | be placed in a treatment program in certain |
| 26 | circumstances; providing for sentence credit for a |
| 27 | defendant placed in treatment who would have otherwise |
| 28 | been incarcerated; providing a preference for |
| 29 | treatment programs that have histories of successfully |
| 30 | treating such combat veterans; amending s. 948.08, |
| 31 | F.S.; creating a pretrial veterans' treatment |
| 32 | intervention program; providing requirements for a |
| 33 | defendant to be voluntarily admitted to the pretrial |
| 34 | program; providing certain exceptions to such |
| 35 | admission; providing for the disposition of pending |
| 36 | charges following a defendant's completion of the |
| 37 | pretrial intervention program; providing for the |
| 38 | charges to be expunged under certain circumstances; |
| 39 | amending s. 948.16, F.S.; creating a misdemeanor |
| 40 | pretrial veterans' treatment intervention program; |
| 41 | providing requirements for voluntary admission to the |
| 42 | misdemeanor pretrial program; providing for the |
| 43 | misdemeanor charges to be expunged under certain |
| 44 | circumstances; exempting treatment services provided |
| 45 | by the Department of Veterans' Affairs or the United |
| 46 | States Department of Veterans Affairs from certain |
| 47 | contract requirements; amending s. 1003.05, F.S.; |
| 48 | requiring that a school board provide an option to |
| 49 | school-aged dependents of military personnel to choose |
| 50 | certain schools if the student is reassigned as a |
| 51 | result of school rezoning; creating s. 1004.075, F.S.; |
| 52 | requiring certain Florida College System institutions |
| 53 | and state universities to provide priority course |
| 54 | registration for veterans; providing eligibility |
| 55 | requirements; creating s. 1005.09, F.S.; encouraging |
| 56 | certain independent postsecondary educational |
| 57 | institutions to provide priority course registration |
| 58 | for veterans; amending s. 1009.21, F.S.; providing |
| 59 | that veterans of the Armed Services of the United |
| 60 | States, including reserve components thereof, who |
| 61 | attend the physical location of a public college, |
| 62 | university, or institution of higher learning within |
| 63 | the state are residents for tuition purposes; |
| 64 | requiring that any veteran who meets specified |
| 65 | criteria be admitted to any Florida College System |
| 66 | institution or state university of the veteran's |
| 67 | choice; providing effective dates. |
| 68 |
|
| 69 | Be It Enacted by the Legislature of the State of Florida: |
| 70 |
|
| 71 | Section 1. Section 295.187, Florida Statutes, is amended |
| 72 | to read: |
| 73 | 295.187 Florida Service-Disabled Veteran Business |
| 74 | Enterprise Opportunity Act.- |
| 75 | (1) SHORT TITLE.-This section may be cited as the "Florida |
| 76 | Service-Disabled Veteran Business Enterprise Opportunity Act." |
| 77 | (2) INTENT.-It is the intent of the Legislature to rectify |
| 78 | the economic disadvantage of service-disabled veterans, who are |
| 79 | statistically the least likely to be self-employed when compared |
| 80 | to the veteran population as a whole and who have made |
| 81 | extraordinary sacrifices on behalf of the nation, the state, and |
| 82 | the public, by providing opportunities for service-disabled |
| 83 | veteran business enterprises as set forth in this section. The |
| 84 | Legislature also intends to recognize wartime veterans and |
| 85 | veterans of a period of war for their sacrifices as set forth in |
| 86 | this section. |
| 87 | (3) DEFINITIONS.-For the purpose of this section, the |
| 88 | term: |
| 89 | (a) "Certified service-disabled veteran business |
| 90 | enterprise" means a business that has been certified by the |
| 91 | Department of Management Services to be a service-disabled |
| 92 | veteran business enterprise as defined in paragraph (c). |
| 93 | (b) "Service-disabled veteran" means a veteran who is a |
| 94 | permanent Florida resident with a service-connected disability |
| 95 | as determined by the United States Department of Veterans |
| 96 | Affairs or who has been terminated from military service by |
| 97 | reason of disability by the United States Department of Defense. |
| 98 | (c) "Service-disabled Veteran business enterprise" means |
| 99 | an independently owned and operated business that: |
| 100 | 1. Employs 200 or fewer permanent full-time employees; |
| 101 | 2. Together with its affiliates has a net worth of $5 |
| 102 | million or less or, if a sole proprietorship, has a net worth of |
| 103 | $5 million or less including both personal and business |
| 104 | investments; |
| 105 | 3. Is organized to engage in commercial transactions; |
| 106 | 4. Is domiciled in this state; |
| 107 | 5. Is at least 51 percent owned by one or more wartime |
| 108 | veterans or service-disabled veterans; and |
| 109 | 6. The management and daily business operations of which |
| 110 | are controlled by one or more wartime veterans or service- |
| 111 | disabled veterans or, for a service-disabled veteran having with |
| 112 | a permanent and total disability, by the spouse or permanent |
| 113 | caregiver of the veteran. |
| 114 | (d) "Wartime veteran" means: |
| 115 | 1. A wartime veteran as defined in s. 1.01(14); or |
| 116 | 2. A veteran of a period of war, as used in 38 U.S.C. s. |
| 117 | 1521, who served in the active military, naval, or air service: |
| 118 | a. For 90 days or more during a period of war; |
| 119 | b. During a period of war and was discharged or released |
| 120 | from such service for a service-connected disability; |
| 121 | c. For a period of 90 consecutive days or more and such |
| 122 | period began or ended during a period of war; or |
| 123 | d. For an aggregate of 90 days or more in two or more |
| 124 | separate periods of service during more than one period of war. |
| 125 | (4) VENDOR PREFERENCE.- |
| 126 | (a) A state agency, when considering two or more bids, |
| 127 | proposals, or replies for the procurement of commodities or |
| 128 | contractual services, at least one of which is from a certified |
| 129 | service-disabled veteran business enterprise, which that are |
| 130 | equal with respect to all relevant considerations, including |
| 131 | price, quality, and service, shall award such procurement or |
| 132 | contract to the certified service-disabled veteran business |
| 133 | enterprise. |
| 134 | (b) Notwithstanding s. 287.057(11), if a service-disabled |
| 135 | veteran business enterprise entitled to the vendor preference |
| 136 | under this section and one or more businesses entitled to this |
| 137 | preference or another vendor preference provided by law submit |
| 138 | bids, proposals, or replies for procurement of commodities or |
| 139 | contractual services which that are equal with respect to all |
| 140 | relevant considerations, including price, quality, and service, |
| 141 | then the state agency shall award the procurement or contract to |
| 142 | the business having the smallest net worth. |
| 143 | (c) Political subdivisions of the state are encouraged to |
| 144 | offer a similar consideration to businesses certified under this |
| 145 | section. |
| 146 | (5) CERTIFICATION PROCEDURE.- |
| 147 | (a) The application for certification as a service- |
| 148 | disabled veteran business enterprise must, at a minimum, |
| 149 | include: |
| 150 | 1. The name of the business enterprise applying for |
| 151 | certification and the name of the service-disabled veteran |
| 152 | submitting the application on behalf of the business enterprise. |
| 153 | 2. The names of all owners of the business enterprise, |
| 154 | including owners who are wartime veterans, service-disabled |
| 155 | veterans, and owners who are not a wartime veteran or a service- |
| 156 | disabled veteran veterans, and the percentage of ownership |
| 157 | interest held by each owner. |
| 158 | 3. The names of all persons involved in both the |
| 159 | management and daily operations of the business, including the |
| 160 | spouse or permanent caregiver of a veteran who has with a |
| 161 | permanent and total disability. |
| 162 | 4. The service-connected disability rating of all persons |
| 163 | listed under subparagraphs 1., 2., and 3., as applicable, with |
| 164 | supporting documentation from the United States Department of |
| 165 | Veterans Affairs or the United States Department of Defense. |
| 166 | 5. Documentation of the wartime service of all persons |
| 167 | listed under subparagraphs 1., 2., and 3., as applicable, from |
| 168 | the United States Department of Veterans Affairs or the United |
| 169 | States Department of Defense. |
| 170 | 6.5. The number of permanent full-time employees. |
| 171 | 7.6. The location of the business headquarters. |
| 172 | 8.7. The total net worth of the business enterprise and |
| 173 | its affiliates. In the case of a sole proprietorship, the net |
| 174 | worth includes personal and business investments. |
| 175 | (b) To maintain certification, a service-disabled veteran |
| 176 | business enterprise shall renew its certification biennially. |
| 177 | (c) The provisions of Chapter 120, relating to |
| 178 | application, denial, and revocation procedures, applies shall |
| 179 | apply to certifications under this section. |
| 180 | (d) A certified service-disabled veteran business |
| 181 | enterprise must notify the Department of Management Services |
| 182 | within 30 business days after any event that may significantly |
| 183 | affect the certification of the business, including, but not |
| 184 | limited to, a change in ownership or change in management and |
| 185 | daily business operations. |
| 186 | (e) The certification of a service-disabled veteran |
| 187 | business enterprise shall be revoked for 12 months if the |
| 188 | Department of Management Services determines that the business |
| 189 | enterprise violated paragraph (d). An owner of a certified |
| 190 | service-disabled veteran business enterprise whose certification |
| 191 | is revoked may is not permitted to reapply for certification |
| 192 | under this section as an owner of any business enterprise during |
| 193 | the 12-month revocation period. |
| 194 | 1. During the 12-month revocation period, a service- |
| 195 | disabled veteran business enterprise whose certification has |
| 196 | been revoked may bid on state contracts but is not eligible for |
| 197 | any preference available under this section. |
| 198 | 2. A service-disabled veteran business enterprise whose |
| 199 | certification has been revoked may apply for certification at |
| 200 | the conclusion of the 12-month revocation period by complying |
| 201 | with requirements applicable to initial certifications. |
| 202 | (6) DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.-The |
| 203 | department shall: |
| 204 | (a) Assist the Department of Management Services in |
| 205 | establishing a certification procedure, which shall be reviewed |
| 206 | biennially and updated as necessary. |
| 207 | (b) Identify eligible service-disabled veteran business |
| 208 | enterprises by any electronic means, including electronic mail |
| 209 | or Internet website, or by any other reasonable means. |
| 210 | (c) Encourage and assist eligible service-disabled veteran |
| 211 | business enterprises to apply for certification under this |
| 212 | section. |
| 213 | (d) Provide information regarding services that are |
| 214 | available from the Office of Veterans' Business Outreach of the |
| 215 | Florida Small Business Development Center to service-disabled |
| 216 | veteran business enterprises. |
| 217 | (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.-The |
| 218 | department shall: |
| 219 | (a) With assistance from the Department of Veterans' |
| 220 | Affairs, establish a certification procedure, which shall be |
| 221 | reviewed biennially and updated as necessary. |
| 222 | (b) Grant, deny, or revoke the certification of a service- |
| 223 | disabled veteran business enterprise under this section. |
| 224 | (c) Maintain an electronic directory of certified service- |
| 225 | disabled veteran business enterprises for use by the state, |
| 226 | political subdivisions of the state, and the public. |
| 227 | (8) REPORT.-The Small Business Development Center shall |
| 228 | include in its report required by s. 288.705 the percentage of |
| 229 | certified service-disabled veteran business enterprises using |
| 230 | the statewide contracts register. |
| 231 | (9) RULES.-The Department of Veterans' Affairs and the |
| 232 | Department of Management Services, as appropriate, may adopt |
| 233 | rules as necessary to administer this section. |
| 234 | Section 2. Effective October 1, 2012, section 320.089, |
| 235 | Florida Statutes, is amended to read: |
| 236 | 320.089 Members of National Guard and active United States |
| 237 | Armed Forces reservists; former prisoners of war; survivors of |
| 238 | Pearl Harbor; Purple Heart medal recipients; Operation Iraqi |
| 239 | Freedom and Operation Enduring Freedom Veterans; Combat Infantry |
| 240 | Badge recipients; Vietnam War Veterans; special license plates; |
| 241 | fee.- |
| 242 | (1)(a) Each owner or lessee of an automobile or truck for |
| 243 | private use or recreational vehicle as specified in s. |
| 244 | 320.08(9)(c) or (d), which is not used for hire or commercial |
| 245 | use, who is a resident of the state and an active or retired |
| 246 | member of the Florida National Guard, a survivor of the attack |
| 247 | on Pearl Harbor, a recipient of the Purple Heart medal, or an |
| 248 | active or retired member of any branch of the United States |
| 249 | Armed Forces Reserve, or a recipient of the Combat Infantry |
| 250 | Badge shall, upon application to the department, accompanied by |
| 251 | proof of active membership or retired status in the Florida |
| 252 | National Guard, proof of membership in the Pearl Harbor |
| 253 | Survivors Association or proof of active military duty in Pearl |
| 254 | Harbor on December 7, 1941, proof of being a Purple Heart medal |
| 255 | recipient, or proof of active or retired membership in any |
| 256 | branch of the Armed Forces Reserve, or proof of membership in |
| 257 | the Combat Infantrymen's Association, Inc., or other proof of |
| 258 | being a recipient of the Combat Infantry Badge, and upon payment |
| 259 | of the license tax for the vehicle as provided in s. 320.08, be |
| 260 | issued a license plate as provided by s. 320.06, upon which, in |
| 261 | lieu of the serial numbers prescribed by s. 320.06, shall be |
| 262 | stamped the words "National Guard," "Pearl Harbor Survivor," |
| 263 | "Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry |
| 264 | Badge," as appropriate, followed by the serial number of the |
| 265 | license plate. Additionally, the Purple Heart plate may have the |
| 266 | words "Purple Heart" stamped on the plate and the likeness of |
| 267 | the Purple Heart medal appearing on the plate. |
| 268 | (b) Notwithstanding any other provision of law to the |
| 269 | contrary, beginning with fiscal year 2002-2003 and annually |
| 270 | thereafter, the first $100,000 in general revenue generated from |
| 271 | the sale of license plates issued under this section shall be |
| 272 | deposited into the Grants and Donations Trust Fund, as described |
| 273 | in s. 296.38(2), to be used for the purposes established by law |
| 274 | for that trust fund. Any additional general revenue generated |
| 275 | from the sale of such plates shall be deposited into the State |
| 276 | Homes for Veterans Trust Fund and used solely to construct, |
| 277 | operate, and maintain domiciliary and nursing homes for |
| 278 | veterans, subject to the requirements of chapter 216. |
| 279 | (c) Notwithstanding any provisions of law to the contrary, |
| 280 | an applicant for a Pearl Harbor Survivor license plate or a |
| 281 | Purple Heart license plate who also qualifies for a disabled |
| 282 | veteran's license plate under s. 320.084 shall be issued the |
| 283 | appropriate special license plate without payment of the license |
| 284 | tax imposed by s. 320.08. |
| 285 | (2) Each owner or lessee of an automobile or truck for |
| 286 | private use, truck weighing not more than 7,999 pounds, or |
| 287 | recreational vehicle as specified in s. 320.08(9)(c) or (d), |
| 288 | which is not used for hire or commercial use, who is a resident |
| 289 | of the state and who is a former prisoner of war, or their |
| 290 | unremarried surviving spouse, shall, upon application therefor |
| 291 | to the department, be issued a license plate as provided in s. |
| 292 | 320.06, on which license plate are stamped the words "Ex-POW" |
| 293 | followed by the serial number. Each application shall be |
| 294 | accompanied by proof that the applicant meets the qualifications |
| 295 | specified in paragraph (a) or paragraph (b). |
| 296 | (a) A citizen of the United States who served as a member |
| 297 | of the Armed Forces of the United States or the armed forces of |
| 298 | a nation allied with the United States who was held as a |
| 299 | prisoner of war at such time as the Armed Forces of the United |
| 300 | States were engaged in combat, or their unremarried surviving |
| 301 | spouse, may be issued the special license plate provided for in |
| 302 | this subsection without payment of the license tax imposed by s. |
| 303 | 320.08. |
| 304 | (b) A person who was serving as a civilian with the |
| 305 | consent of the United States Government, or a person who was a |
| 306 | member of the Armed Forces of the United States who was not a |
| 307 | United States citizen and was held as a prisoner of war when the |
| 308 | Armed Forces of the United States were engaged in combat, or |
| 309 | their unremarried surviving spouse, may be issued the special |
| 310 | license plate provided for in this subsection upon payment of |
| 311 | the license tax imposed by s. 320.08. |
| 312 | (3) Each owner or lessee of an automobile or truck for |
| 313 | private use, truck weighing not more than 7,999 pounds, or |
| 314 | recreational vehicle as specified in s. 320.08(9)(c) or (d), |
| 315 | which is not used for hire or commercial use, who is a resident |
| 316 | of this state and who is the unremarried surviving spouse of a |
| 317 | recipient of the Purple Heart medal shall, upon application |
| 318 | therefor to the department, with the payment of the required |
| 319 | fees, be issued a license plate as provided in s. 320.06, on |
| 320 | which license plate are stamped the words "Purple Heart" and the |
| 321 | likeness of the Purple Heart medal followed by the serial |
| 322 | number. Each application shall be accompanied by proof that the |
| 323 | applicant is the unremarried surviving spouse of a recipient of |
| 324 | the Purple Heart medal. |
| 325 | (4) The owner or lessee of an automobile or truck for |
| 326 | private use, a truck weighing not more than 7,999 pounds, or a |
| 327 | recreational vehicle as specified in s. 320.08(9)(c) or (d) |
| 328 | which automobile, truck, or recreational vehicle is not used for |
| 329 | hire or commercial use who is a resident of the state and a |
| 330 | current or former member of the United States military who was |
| 331 | deployed and served in Iraq during Operation Iraqi Freedom or in |
| 332 | Afghanistan during Operation Enduring Freedom shall, upon |
| 333 | application to the department, accompanied by proof of active |
| 334 | membership or former active duty status during one of these |
| 335 | operations, and upon payment of the license tax for the vehicle |
| 336 | as provided in s. 320.08, be issued a license plate as provided |
| 337 | by s. 320.06 upon which, in lieu of the registration license |
| 338 | number prescribed by s. 320.06, shall be stamped the words |
| 339 | "Operation Iraqi Freedom" or "Operation Enduring Freedom," as |
| 340 | appropriate, followed by the registration license number of the |
| 341 | plate. |
| 342 | (5) The owner or lessee of an automobile or truck for |
| 343 | private use, a truck weighing not more than 7,999 pounds, or a |
| 344 | recreational vehicle as specified in s. 320.08(9)(c) or (d) |
| 345 | which automobile, truck, or recreational vehicle is not used for |
| 346 | hire or commercial use who is a resident of the state and a |
| 347 | current or former member of the United States military who was |
| 348 | deployed and served in Vietnam during U. S. military deployment |
| 349 | in Indochina shall, upon application to the department, |
| 350 | accompanied by proof of active membership or former active duty |
| 351 | status during these operations, and upon payment of the license |
| 352 | tax for the vehicle as provided in s. 320.08, be issued a |
| 353 | license plate as provided by s. 320.06 upon which, in lieu of |
| 354 | the registration license number prescribed by s. 320.06, shall |
| 355 | be stamped the words "Vietnam War Veteran," followed by the |
| 356 | registration license number of the plate. |
| 357 | Section 3. Section 683.146, Florida Statutes, is created |
| 358 | to read: |
| 359 | 683.146 Purple Heart Day.- |
| 360 | (1) August 7 of each year is designated as "Purple Heart |
| 361 | Day." |
| 362 | (2) The Governor may annually issue a proclamation |
| 363 | designating August 7 as "Purple Heart Day." Public officials, |
| 364 | schools, private organizations, and all residents of the state |
| 365 | are encouraged to commemorate Purple Heart Day and honor those |
| 366 | wounded or killed while serving in any branch of the United |
| 367 | States Armed Services. |
| 368 | Section 4. Sections 4 through 7 of this act may be cited |
| 369 | as the "T. Patt Maney Veterans' Treatment Intervention Act." |
| 370 | Section 5. Section 921.00242, Florida Statutes, is created |
| 371 | to read: |
| 372 | 921.00242 Convicted military veterans; posttraumatic |
| 373 | stress disorder, traumatic brain injury, substance use disorder, |
| 374 | or psychological problems from service; treatment services.- |
| 375 | (1) The court must hold a veterans' status hearing prior |
| 376 | to sentencing for a criminal offense if the defendant has |
| 377 | alleged that he or she committed the offense as a result of |
| 378 | posttraumatic stress disorder, traumatic brain injury, substance |
| 379 | use disorder, or psychological problems stemming from service in |
| 380 | a combat theater in the United States military. |
| 381 | (2) At a veterans' status hearing conducted as required by |
| 382 | subsection (1), the court shall determine whether the defendant |
| 383 | was a member of the military forces of the United States who |
| 384 | served in a combat theater and assess whether the defendant |
| 385 | suffers from posttraumatic stress disorder, traumatic brain |
| 386 | injury, substance use disorder, or psychological problems as a |
| 387 | result of that service. The defendant shall bear the burden of |
| 388 | proof at the hearing. |
| 389 | (3) If the court concludes that the defendant is a person |
| 390 | described in subsection (2) who is eligible for probation or |
| 391 | community control and the court places the defendant on county |
| 392 | or state probation or into community control, the court may |
| 393 | order the defendant into a local, state, federal, or private |
| 394 | nonprofit treatment program as a condition of probation or |
| 395 | community control if the defendant agrees to participate in the |
| 396 | program and the court determines that an appropriate treatment |
| 397 | program exists. |
| 398 | (4) A defendant who is placed on county or state probation |
| 399 | or into community control and committed to a residential |
| 400 | treatment program under this section shall earn sentence credits |
| 401 | for the actual time he or she serves in the residential |
| 402 | treatment program if the court makes a written finding that it |
| 403 | would otherwise have sentenced the defendant to incarceration |
| 404 | except for the fact that the defendant is a person described in |
| 405 | subsection (2). |
| 406 | (5) In making an order under this section to commit a |
| 407 | defendant to a treatment program, whenever possible the court |
| 408 | shall place the defendant in a treatment program that has a |
| 409 | history of successfully treating combat veterans who suffer from |
| 410 | posttraumatic stress disorder, traumatic brain injury, substance |
| 411 | use disorder, or psychological problems as a result of that |
| 412 | service. The court shall give preference to treatment programs |
| 413 | for which the veteran is eligible through the United States |
| 414 | Department of Veterans Affairs or the Department of Veterans' |
| 415 | Affairs. |
| 416 | Section 6. Present subsection (7) of section 948.08, |
| 417 | Florida Statutes, is renumbered as subsection (8), and a new |
| 418 | subsection (7) is added to that section, to read: |
| 419 | 948.08 Pretrial intervention program.- |
| 420 | (7)(a) A person who is charged with a felony, other than a |
| 421 | felony listed in s. 948.06(8)(c), and identified as a member or |
| 422 | former member of the military forces of the United States who |
| 423 | served in a combat theater and who suffers from posttraumatic |
| 424 | stress disorder, traumatic brain injury, substance use disorder, |
| 425 | or psychological problems as a result of that service is |
| 426 | eligible for voluntary admission into a pretrial veterans' |
| 427 | treatment intervention program approved by the chief judge of |
| 428 | the circuit, upon motion of either party or the court's own |
| 429 | motion, except: |
| 430 | 1. If a defendant was previously offered admission to a |
| 431 | pretrial veterans' treatment intervention program at any time |
| 432 | prior to trial and the defendant rejected that offer on the |
| 433 | record, the court may deny the defendant's admission to such a |
| 434 | program. |
| 435 | 2. If a defendant previously entered a court-ordered |
| 436 | veterans' treatment program, the court may deny the defendant's |
| 437 | admission into the pretrial veterans' treatment program. |
| 438 | 3. If the state attorney believes that the facts and |
| 439 | circumstances of the case suggest the defendant's involvement in |
| 440 | the selling of controlled substances, the court shall hold a |
| 441 | preadmission hearing. If the state attorney establishes, by a |
| 442 | preponderance of the evidence at such hearing, that the |
| 443 | defendant was involved in the selling of controlled substances, |
| 444 | the court shall deny the defendant's admission into a pretrial |
| 445 | intervention program. |
| 446 | (b) While enrolled in a pretrial intervention program |
| 447 | authorized by this subsection, the participant shall be subject |
| 448 | to a coordinated strategy developed by a veterans' treatment |
| 449 | intervention team. The coordinated strategy should be modeled |
| 450 | after the therapeutic jurisprudence principles and key |
| 451 | components in s. 397.334(4), with treatment specific to the |
| 452 | needs of veterans. The coordinated strategy may include a |
| 453 | protocol of sanctions that may be imposed upon the participant |
| 454 | for noncompliance with program rules. The protocol of sanctions |
| 455 | may include, but need not be limited to, placement in a |
| 456 | treatment program offered by a licensed service provider or in a |
| 457 | jail-based treatment program or serving a period of |
| 458 | incarceration within the time limits established for contempt of |
| 459 | court. The coordinated strategy must be provided in writing to |
| 460 | the participant before the participant agrees to enter into a |
| 461 | pretrial veterans' treatment intervention program or other |
| 462 | pretrial intervention program. Any person whose charges are |
| 463 | dismissed after successful completion of the pretrial veterans' |
| 464 | treatment intervention program, if otherwise eligible, may have |
| 465 | his or her arrest record and plea of nolo contendere to the |
| 466 | dismissed charges expunged under s. 943.0585. |
| 467 | (c) At the end of the pretrial intervention period, the |
| 468 | court shall consider the recommendation of the administrator |
| 469 | pursuant to subsection (5) and the recommendation of the state |
| 470 | attorney as to disposition of the pending charges. The court |
| 471 | shall determine, by written finding, whether the defendant has |
| 472 | successfully completed the pretrial intervention program. If the |
| 473 | court finds that the defendant has not successfully completed |
| 474 | the pretrial intervention program, the court may order the |
| 475 | person to continue in education and treatment, which may include |
| 476 | treatment programs offered by licensed service providers or |
| 477 | jail-based treatment programs, or order that the charges revert |
| 478 | to normal channels for prosecution. The court shall dismiss the |
| 479 | charges upon a finding that the defendant has successfully |
| 480 | completed the pretrial intervention program. |
| 481 | Section 7. Section 948.16, Florida Statutes, is amended to |
| 482 | read: |
| 483 | 948.16 Misdemeanor pretrial substance abuse education and |
| 484 | treatment intervention program; misdemeanor pretrial veterans' |
| 485 | treatment intervention program.- |
| 486 | (1)(a) A person who is charged with a misdemeanor for |
| 487 | possession of a controlled substance or drug paraphernalia under |
| 488 | chapter 893, and who has not previously been convicted of a |
| 489 | felony nor been admitted to a pretrial program, is eligible for |
| 490 | voluntary admission into a misdemeanor pretrial substance abuse |
| 491 | education and treatment intervention program, including a |
| 492 | treatment-based drug court program established pursuant to s. |
| 493 | 397.334, approved by the chief judge of the circuit, for a |
| 494 | period based on the program requirements and the treatment plan |
| 495 | for the offender, upon motion of either party or the court's own |
| 496 | motion, except, if the state attorney believes the facts and |
| 497 | circumstances of the case suggest the defendant is involved in |
| 498 | dealing and selling controlled substances, the court shall hold |
| 499 | a preadmission hearing. If the state attorney establishes, by a |
| 500 | preponderance of the evidence at such hearing, that the |
| 501 | defendant was involved in dealing or selling controlled |
| 502 | substances, the court shall deny the defendant's admission into |
| 503 | the pretrial intervention program. |
| 504 | (b) While enrolled in a pretrial intervention program |
| 505 | authorized by this section, the participant is subject to a |
| 506 | coordinated strategy developed by a drug court team under s. |
| 507 | 397.334(4). The coordinated strategy may include a protocol of |
| 508 | sanctions that may be imposed upon the participant for |
| 509 | noncompliance with program rules. The protocol of sanctions may |
| 510 | include, but is not limited to, placement in a substance abuse |
| 511 | treatment program offered by a licensed service provider as |
| 512 | defined in s. 397.311 or in a jail-based treatment program or |
| 513 | serving a period of incarceration within the time limits |
| 514 | established for contempt of court. The coordinated strategy must |
| 515 | be provided in writing to the participant before the participant |
| 516 | agrees to enter into a pretrial treatment-based drug court |
| 517 | program or other pretrial intervention program. Any person whose |
| 518 | charges are dismissed after successful completion of the |
| 519 | treatment-based drug court program, if otherwise eligible, may |
| 520 | have his or her arrest record and plea of nolo contendere to the |
| 521 | dismissed charges expunged under s. 943.0585. |
| 522 | (2)(a) A member or former member of the military forces of |
| 523 | the United States who served in a combat theater and who suffers |
| 524 | from posttraumatic stress disorder, traumatic brain injury, |
| 525 | substance use disorder, or psychological problems as a result of |
| 526 | that service who is charged with a misdemeanor is eligible for |
| 527 | voluntary admission into a misdemeanor pretrial veterans' |
| 528 | treatment intervention program approved by the chief judge of |
| 529 | the circuit, for a period based on the program requirements and |
| 530 | the treatment plan for the offender, upon motion of either party |
| 531 | or the court's own motion. However, the court may deny the |
| 532 | defendant admission into a misdemeanor pretrial veterans' |
| 533 | treatment intervention program if the defendant has previously |
| 534 | entered a court-ordered veterans' treatment program. |
| 535 | (b) While enrolled in a pretrial intervention program |
| 536 | authorized by this section, the participant shall be subject to |
| 537 | a coordinated strategy developed by a veterans' treatment |
| 538 | intervention team. The coordinated strategy should be modeled |
| 539 | after the therapeutic jurisprudence principles and key |
| 540 | components in s. 397.334(4), with treatment specific to the |
| 541 | needs of veterans. The coordinated strategy may include a |
| 542 | protocol of sanctions that may be imposed upon the participant |
| 543 | for noncompliance with program rules. The protocol of sanctions |
| 544 | may include, but need not be limited to, placement in a |
| 545 | treatment program offered by a licensed service provider or in a |
| 546 | jail-based treatment program or serving a period of |
| 547 | incarceration within the time limits established for contempt of |
| 548 | court. The coordinated strategy must be provided in writing to |
| 549 | the participant before the participant agrees to enter into a |
| 550 | misdemeanor pretrial veterans' treatment intervention program or |
| 551 | other pretrial intervention program. Any person whose charges |
| 552 | are dismissed after successful completion of the misdemeanor |
| 553 | pretrial veterans' treatment intervention program, if otherwise |
| 554 | eligible, may have his or her arrest record and plea of nolo |
| 555 | contendere to the dismissed charges expunged under s. 943.0585. |
| 556 | (3)(2) At the end of the pretrial intervention period, the |
| 557 | court shall consider the recommendation of the treatment program |
| 558 | and the recommendation of the state attorney as to disposition |
| 559 | of the pending charges. The court shall determine, by written |
| 560 | finding, whether the defendant successfully completed the |
| 561 | pretrial intervention program. Notwithstanding the coordinated |
| 562 | strategy developed by a drug court team pursuant to s. |
| 563 | 397.334(4) or by the veterans' treatment intervention team, if |
| 564 | the court finds that the defendant has not successfully |
| 565 | completed the pretrial intervention program, the court may order |
| 566 | the person to continue in education and treatment or return the |
| 567 | charges to the criminal docket for prosecution. The court shall |
| 568 | dismiss the charges upon finding that the defendant has |
| 569 | successfully completed the pretrial intervention program. |
| 570 | (4)(3) Any public or private entity providing a pretrial |
| 571 | substance abuse education and treatment program under this |
| 572 | section shall contract with the county or appropriate |
| 573 | governmental entity. The terms of the contract shall include, |
| 574 | but not be limited to, the requirements established for private |
| 575 | entities under s. 948.15(3). This requirement does not apply to |
| 576 | services provided by the Department of Veterans' Affairs or the |
| 577 | United States Department of Veterans Affairs. |
| 578 | Section 8. Subsection (1) of section 1003.05, Florida |
| 579 | Statutes, is amended to read: |
| 580 | 1003.05 Assistance to transitioning students from military |
| 581 | families.- |
| 582 | (1) The Legislature finds that school-aged dependents of |
| 583 | military personnel, otherwise known as military students, are |
| 584 | faced with numerous transitions during their formative years and |
| 585 | that moves during the high school years provide special |
| 586 | challenges to learning and future achievement. |
| 587 | (a) Recognizing the challenges faced by military students |
| 588 | and the importance of military families to our community and |
| 589 | economy, the Department of Education shall assist the transition |
| 590 | of these students by improving the timely transfer of records, |
| 591 | developing systems to ease student transition during the first 2 |
| 592 | weeks of enrollment, promoting practices which foster access to |
| 593 | extracurricular programs, establishing procedures to lessen the |
| 594 | adverse impact of moves from the end of the junior year as well |
| 595 | as before and during the senior year, encouraging or continuing |
| 596 | partnerships between the military base and the school system, |
| 597 | providing services for transitioning students when applying to |
| 598 | and finding funding for postsecondary study, and providing other |
| 599 | assistance as identified by department, school, and military |
| 600 | personnel. |
| 601 | (b) If a local school board adjusts school zones within |
| 602 | its boundaries, military students shall be given the option of |
| 603 | remaining at the school they are currently attending or may |
| 604 | attend the school assigned as a result of the rezoning. |
| 605 | Section 9. Section 1004.075, Florida Statutes, is created |
| 606 | to read: |
| 607 | 1004.075 Priority course registration for veterans.-Each |
| 608 | Florida College System institution and state university that |
| 609 | offers priority course registration for a segment of the student |
| 610 | population, or upon implementation of priority course |
| 611 | registration for a segment of the student population, shall |
| 612 | provide priority course registration for each veteran of the |
| 613 | United States Armed Forces who is receiving GI Bill educational |
| 614 | benefits or for the spouse or dependent children of the veteran |
| 615 | to whom the GI Bill educational benefits have been transferred. |
| 616 | Each eligible veteran, or his or her spouse or dependent |
| 617 | children, shall be granted priority for course registration |
| 618 | until the expiration of the GI Bill educational benefits. |
| 619 | Section 10. Section 1005.09, Florida Statutes, is created |
| 620 | to read: |
| 621 | 1005.09 Priority course registration for veterans.-Each |
| 622 | independent postsecondary educational institution that is under |
| 623 | the jurisdiction of the commission or is exempt from the |
| 624 | jurisdiction of the commission and that offers priority course |
| 625 | registration for a segment of the student population, or upon |
| 626 | implementation of priority course registration for a segment of |
| 627 | the student population, is encouraged to provide priority course |
| 628 | registration for each veteran of the United States Armed Forces, |
| 629 | or his or her spouse or dependent children, who is receiving GI |
| 630 | Bill educational benefits, in accordance with s. 1004.075. |
| 631 | Section 11. Present paragraphs (c) through (k) of |
| 632 | subsection (10) of section 1009.21, Florida Statutes, are |
| 633 | redesignated as paragraphs (d) through (l), respectively, and a |
| 634 | new paragraph (c) is added to that subsection, to read: |
| 635 | 1009.21 Determination of resident status for tuition |
| 636 | purposes.-Students shall be classified as residents or |
| 637 | nonresidents for the purpose of assessing tuition in |
| 638 | postsecondary educational programs offered by charter technical |
| 639 | career centers or career centers operated by school districts, |
| 640 | in Florida College System institutions, and in state |
| 641 | universities. |
| 642 | (10) The following persons shall be classified as |
| 643 | residents for tuition purposes: |
| 644 | (c) Veterans of the Armed Services of the United States, |
| 645 | including reserve components thereof, who attend the physical |
| 646 | location of a public college, university, or institution of |
| 647 | higher learning within the state. |
| 648 | Section 12. Any veteran of the United States Armed Forces |
| 649 | who was a resident of this state 4 years before entering |
| 650 | military service and who holds an associate degree or has earned |
| 651 | at least 60 college credit hours from a Florida College System |
| 652 | institution shall be admitted to any Florida College System |
| 653 | institution or state university of the veteran's choice. |
| 654 | Section 13. Except as otherwise expressly provided in this |
| 655 | act, this act shall take effect July 1, 2012. |