Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7020
       
       
        
       FOR CONSIDERATION By the Committee on Military and Veterans
       Affairs, Space, and Domestic Security
       
       
       
       
       583-00876C-14                                         20147020__
    1                        A bill to be entitled                      
    2         An act relating to military and veterans affairs;
    3         amending s. 250.10, F.S.; revising requirements for
    4         the Educational Dollars for Duty program developed by
    5         the Adjutant General; requiring an Educational Dollars
    6         for Duty program applicant to authorize the release of
    7         certain information to the Department of Military
    8         Affairs; prohibiting the program from paying repeat
    9         course fees; authorizing certain online courses to be
   10         offered through the program; requiring participating
   11         institutions to provide specified information to the
   12         Department of Military Affairs; authorizing the
   13         department to reimburse certain costs and fees;
   14         requiring the Adjutant General to adopt rules relating
   15         to specified components of the program; amending s.
   16         250.35, F.S.; updating references with respect to
   17         courts-martial; creating s. 265.0031, F.S.; providing
   18         legislative intent; establishing the Florida Veterans’
   19         Walk of Honor and the Florida Veterans’ Memorial
   20         Garden; providing administration and funding, without
   21         appropriation of state funds, by the Department of
   22         Veterans’ Affairs; requiring the Department of
   23         Management Services to set aside an area for the
   24         construction of the Walk of Honor and the Memorial
   25         Garden; requiring specified donations to be deposited
   26         in the account of the direct-support organization
   27         within the Department of Veterans’ Affairs;
   28         authorizing the organization to use the donations for
   29         specified purposes; amending s. 288.0001, F.S.;
   30         requiring the Office of the Economic and Demographic
   31         Research and the Office of Program Policy Analysis and
   32         Government Accountability to provide an analysis of
   33         the Veterans Employment and Training Services Program
   34         by specified dates; amending s. 295.065, F.S.;
   35         revising legislative intent relating to the hiring
   36         practices of veterans; amending s. 295.07, F.S.;
   37         revising eligibility for preference in appointment and
   38         retention by public employers; amending s. 295.08,
   39         F.S.; revising point values added to earned ratings of
   40         a person eligible to receive preference in appointment
   41         to and retention in certain positions by public
   42         employers; amending s. 295.085, F.S.; revising
   43         preference in appointment, employment, and retention
   44         in positions for which numerically based selection
   45         processes are not used; conforming cross-references
   46         and provisions to changes made by the act; amending s.
   47         295.20, F.S.; creating Florida Is for Veterans, Inc.,
   48         as a nonprofit corporation within the Department of
   49         Veterans’ Affairs; specifying the purpose and duties
   50         of the corporation; providing for the governance of
   51         the corporation by a board of directors; specifying
   52         the membership and composition of the board; providing
   53         for the appointment of board members and designating
   54         terms; providing that members of the board are subject
   55         to the Code of Ethics of Public Officers and
   56         Employees; providing a penalty for certain violations
   57         by board members; authorizing reimbursement for per
   58         diem and travel expenses of board members; providing
   59         that an appointed member of the board may be removed
   60         for cause; authorizing the board to exercise certain
   61         powers; providing that the corporation is subject to
   62         the state’s public records and meetings laws;
   63         providing for administrative and staff support for the
   64         nonprofit corporation; authorizing each state agency
   65         to provide necessary assistance to the nonprofit
   66         corporation; authorizing the Department of Veterans’
   67         Affairs to allow the nonprofit corporation’s use of
   68         property, facilities, and personal services; providing
   69         exceptions; requiring the nonprofit corporation to
   70         submit an annual report to the Governor and the
   71         Legislature; prescribing report requirements;
   72         requiring the Office of Program Policy Analysis and
   73         Government Accountability to conduct a performance
   74         audit by a specified date; prescribing audit
   75         requirements; requiring that the audit findings be
   76         submitted to the Legislature; creating s. 295.21,
   77         F.S.; providing legislative findings and intent;
   78         creating the Veterans Employment and Training Services
   79         Program within the Department of Veterans’ Affairs;
   80         providing for administration of the program by Florida
   81         is For Veterans, Inc.; specifying duties of the
   82         program; requiring Enterprise Florida, Inc., to
   83         provide information regarding Florida Is for Veterans,
   84         Inc., to prospective businesses; requiring Enterprise
   85         Florida, Inc., to collaborate with Florida Is for
   86         Veterans, Inc., regarding employment needs; requiring
   87         Florida Is for Veterans, Inc., to submit a report to
   88         the Governor and the Legislature by a specified date;
   89         prescribing report requirements; amending s. 296.06,
   90         F.S.; revising residency requirements for eligibility
   91         for admittance to the Veterans’ Domiciliary Home of
   92         Florida; amending s. 296.36, F.S.; revising residency
   93         requirements for eligibility for admittance to the
   94         Veterans’ Nursing Home of Florida; amending s.
   95         455.213, F.S.; authorizing the person who is the
   96         spouse of a military veteran at the time of the
   97         veteran’s discharge to apply to the Department of
   98         Business and Professional Regulation for certain
   99         licenses without paying initial fees; increasing the
  100         time period during which a military veteran or his or
  101         her spouse at the time of discharge may qualify for a
  102         fee waiver; amending ss. 456.013 and 468.304, F.S.;
  103         authorizing the Department of Health to waive certain
  104         fees for the person who is the spouse of a military
  105         veteran at the time of the veteran’s discharge;
  106         increasing the time period during which a military
  107         veteran or his or her spouse at the time of discharge
  108         may qualify for a fee waiver; amending s. 499.012,
  109         F.S.; revising permit application requirements under
  110         the Florida Drug and Cosmetic Act for natural persons
  111         with certain managerial experience in the United
  112         States Armed Forces; reenacting s. 1002.36(4)(f),
  113         F.S., relating to the board of trustees of the Florida
  114         School for the Deaf and the Blind, to incorporate the
  115         amendments made to s. 295.07, F.S., in a reference
  116         thereto; providing an effective date.
  117          
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Subsections (7) and (8) of section 250.10,
  121  Florida Statutes, are amended to read:
  122         250.10 Appointment and duties of the Adjutant General.—
  123         (7) The Adjutant General shall develop an education
  124  assistance program for members in good standing of the Florida
  125  National Guard who enroll in an authorized course of study at a
  126  public or nonpublic postsecondary institution or technical
  127  center in this state of higher learning in the state which has
  128  been accredited by an accrediting body recognized by the United
  129  States Department of Education or licensed by the Commission for
  130  Independent Education. Education assistance also may be used for
  131  training to obtain industry certifications approved by the
  132  Department of Education pursuant to s. 1008.44 and continuing
  133  education to maintain license certifications. The education
  134  assistance This program shall be known as the Educational
  135  Dollars for Duty program (EDD).
  136         (a) The program shall establish set forth application
  137  requirements, including, but not limited to, requirements that
  138  the applicant:
  139         1. Be 17 years of age or older.
  140         2. Be presently domiciled in the state.
  141         3. Be an active drilling member and in good standing in the
  142  Florida National Guard at the beginning of and throughout the
  143  entire academic term for which benefits are received.
  144         4. Maintain continuous satisfactory participation in the
  145  Florida National Guard for any school term for which exemption
  146  benefits are received.
  147         5. Upon enrollment in the program, complete a memorandum of
  148  agreement to comply with the rules of the program and serve in
  149  the Florida National Guard for the period specified in the
  150  member’s enlistment or reenlistment contract.
  151         6. Authorize the release of information as provided in
  152  subparagraph (d)7. by the postsecondary institution or technical
  153  center to the Education Service Office within the Department of
  154  Military Affairs, subject to applicable federal and state law.
  155         (b) The program shall define those members of the Florida
  156  National Guard who are ineligible to participate in the program
  157  and those courses of study which are not authorized for the
  158  program.
  159         1. Ineligible members include, but are not limited to, any
  160  member, commissioned officer, warrant officer, or enlisted
  161  person who has obtained a master’s degree using the program.
  162         2. Inactive members of the Florida National Guard and
  163  members of the Individual Ready Reserve (IRR) are not eligible
  164  to participate in the program.
  165         3. Courses not authorized include noncredit courses,
  166  courses that do not meet degree requirements, courses that do
  167  not meet requirements for completion of career training, or
  168  other courses as determined by program definitions.
  169         4.3.The program may not pay repeat course fees
  170  developmental education courses are authorized for the program.
  171         (c) The program may include, but is not limited to:
  172         1. Courses at a public or nonpublic secondary institution
  173  or technical center in the state which has been accredited by an
  174  accrediting body recognized by the United States Department of
  175  Education or licensed by the Commission for Independent
  176  Education.
  177         2. Training to obtain industry certifications, limited to
  178  certifications approved by the Department of Education under s.
  179  1008.44.
  180         3. Continuing education to maintain a license or
  181  certification.
  182         4. Licensing and industry certification examination fees.
  183         5. Online courses approved by the Adjutant General for the
  184  program, pursuant to rules adopted pursuant to paragraph (d).
  185  Courses offered as part of a preeminent state research
  186  university institute for online learning, as designated in s.
  187  1001.7065, are expressly authorized for the program.
  188         6. Participation in the Complete Florida Degree Program
  189  under s. 1006.735.
  190         7. Developmental educational courses, notwithstanding
  191  subparagraph (b)3.
  192         (d)(c) The Adjutant General shall adopt rules for the
  193  overall policy, guidance, administration, implementation, and
  194  proper use of the program. Such rules must include, but need not
  195  be limited to:,
  196         1. Guidelines for certification by the Adjutant General of
  197  a guard member’s eligibility and, procedures for notification to
  198  a postsecondary an institution or technical center of a guard
  199  member’s termination of eligibility.
  200         2. Guidelines for approving courses of study that are
  201  authorized for the program, including online courses, industry
  202  certification training, and continuing education to maintain
  203  license certifications.
  204         3. Guidelines for approving the use of program funds for
  205  licensing and industry certification examination fees.
  206         4. Guidelines for recommending certain members participate
  207  in the Complete Florida Degree Program established pursuant to
  208  s. 1006.735.
  209         5. Procedures to facilitate the award of academic college
  210  credit at public postsecondary educational institutions for
  211  college-level training and education acquired in the military
  212  pursuant to s. 1004.096., and
  213         6. Procedures for restitution when a guard member fails to
  214  comply with the penalties described in this section.
  215         7. Procedures that require an institution that receives
  216  funding from the program provide information regarding course
  217  enrollment, course withdrawal, course cancellation, course
  218  completion, course failure, and grade verification of enrolled
  219  members to the Education Service Office within the Department of
  220  Military Affairs.
  221         8. Guidelines for the payment of tuition and fees not to
  222  exceed the highest in-state tuition rate charged by a public
  223  postsecondary institution in this state.
  224         (8) Subject to appropriations, the Department of Military
  225  Affairs may pay the full cost of tuition and fees for required
  226  courses for current members of the Florida National Guard.
  227  Members are eligible to use the program upon enlistment in the
  228  Florida National Guard. If a member is enrolled in a nonpublic
  229  postsecondary education institution or a nonpublic vocational
  230  technical program, the Department of Military Affairs shall pay
  231  an amount equal to the amount that would be required to pay for
  232  the average program fees may not exceed the rate of the highest
  233  in-state tuition and fees at a public postsecondary education
  234  institution or public vocational-technical program.
  235         (a) The Department of Military Affairs may reimburse a
  236  member for student book costs and fees indexed to tuition in
  237  accordance with limits set each fiscal year. Reimbursement shall
  238  be based on funding availability and is subject to the Adjutant
  239  General’s discretion, including, but not limited to, authority
  240  to reimburse book costs regardless of the source of tuition
  241  funding A member may participate in the program if he or she
  242  maintains satisfactory participation in, and is an active
  243  drilling member of, the Florida National Guard. Inactive members
  244  of the Florida National Guard and members of the Individual
  245  Ready Reserve (IRR) are not eligible to participate in the
  246  program.
  247         (b) Penalties for noncompliance with program requirements
  248  include, but are not limited to, the following:
  249         1. If a member of the Florida National Guard receives
  250  payment of tuition and fees for an any academic term and fails
  251  to maintain satisfactory participation in the Florida National
  252  Guard during that academic term, the member shall reimburse the
  253  Department of Military Affairs all tuition charges and student
  254  fees for the academic term for which the member received
  255  payment.
  256         2. If a member of the Florida National Guard leaves the
  257  Florida National Guard during the period specified in the
  258  member’s enlistment or reenlistment contract, the member shall
  259  reimburse the Department of Military Affairs all tuition charges
  260  and student fees for which the member received payments,
  261  regardless of whether the obligation to reimburse the department
  262  was incurred before, on, or after July 1, 2009, unless the
  263  Adjutant General finds that there are justifiable extenuating
  264  circumstances.
  265         3. If the service of a member of the Florida National Guard
  266  is terminated or the member is placed on scholastic probation
  267  while receiving payments, the member shall reimburse the
  268  Department of Military Affairs all tuition charges and student
  269  fees for the academic term for which the member received
  270  payment.
  271         4. If a member defaults on any reimbursement made under
  272  this paragraph, the department may charge the member the maximum
  273  interest rate authorized by law.
  274         Section 2. Subsections (1) and (2) of section 250.35,
  275  Florida Statutes, are amended to read:
  276         250.35 Courts-martial.—
  277         (1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C.
  278  ss. 801 et seq., and the Manual for Courts-Martial (2012 2008
  279  Edition) are adopted for use by the Florida National Guard,
  280  except as otherwise provided by this chapter.
  281         (2) Courts-martial may try any member of the Florida
  282  National Guard for any crime or offense made punishable by the
  283  Uniform Code of Military Justice (2012 2008 Edition), except
  284  that a commissioned officer, warrant officer, or cadet may not
  285  be tried by summary courts-martial.
  286         Section 3. Section 265.0031, Florida Statutes, is created
  287  to read:
  288         265.0031Florida Veterans’ Walk of Honor and Memorial
  289  Garden.—
  290         (1) It is the intent of the Legislature to recognize and
  291  honor those military veterans who, through their works and lives
  292  during or after service, have made a significant contribution to
  293  this state.
  294         (2) There is established the Florida Veterans’ Walk of
  295  Honor.
  296         (a) The Department of Veterans’ Affairs shall administer
  297  the Florida Veterans’ Walk of Honor and fund it through the
  298  department’s direct-support organization, established under s.
  299  292.055, without appropriation of state funds.
  300         (b) The Department of Management Services shall set aside
  301  an area of the courtyard in front of the Capitol Building
  302  necessary for the construction of the Florida Veterans’ Walk of
  303  Honor and shall consult with the Department of Veterans’ Affairs
  304  and the department’s direct-support organization regarding the
  305  design and theme of the area.
  306         (c) Donations made toward the Florida Veterans’ Walk of
  307  Honor shall be deposited in a bank account established by the
  308  department’s direct-support organization.
  309         (3) There is established the Florida Veterans’ Memorial
  310  Garden.
  311         (a) The Department of Veterans’ Affairs shall administer
  312  the Florida Veterans’ Memorial Garden and fund it through the
  313  department’s direct-support organization, established under s.
  314  292.055, without appropriation of state funds.
  315         (b) The Department of Management Services shall set aside
  316  an area of the grounds of the Capitol Complex, as defined in s.
  317  281.01, for the construction of the Florida Veterans’ Memorial
  318  Garden and shall consult with the Department of Veterans’
  319  Affairs and the department’s direct-support organization
  320  regarding the design and theme of the area.
  321         (c) The department’s direct-support organization may use
  322  donations made toward the Florida Veterans’ Walk of Honor to
  323  construct the Florida Veterans’ Memorial Garden.
  324         Section 4. Paragraph (d) is added to subsection (2) of
  325  section 288.0001, Florida Statutes, to read:
  326         288.0001 Economic Development Programs Evaluation.—The
  327  Office of Economic and Demographic Research and the Office of
  328  Program Policy Analysis and Government Accountability (OPPAGA)
  329  shall develop and present to the Governor, the President of the
  330  Senate, the Speaker of the House of Representatives, and the
  331  chairs of the legislative appropriations committees the Economic
  332  Development Programs Evaluation.
  333         (2) The Office of Economic and Demographic Research and
  334  OPPAGA shall provide a detailed analysis of economic development
  335  programs as provided in the following schedule:
  336         (d) By January 1, 2019, and every 3 years thereafter, an
  337  analysis of the grant and entrepreneur initiative programs
  338  established under s. 295.21(3)(d) and (e).
  339         Section 5. Section 295.065, Florida Statutes, is amended to
  340  read:
  341         295.065 Legislative intent.—It is the intent of the
  342  Legislature to provide preference and priority in the hiring
  343  practices of this state as set forth in this chapter. In All
  344  written job announcements and audio and video advertisements
  345  used by employing agencies of the state and its political
  346  subdivisions must include a notice stating, there shall be a
  347  notation that certain servicemembers, veterans, and spouses and
  348  family members of veterans receive preference and priority in
  349  employment by the state and are encouraged to apply for the
  350  positions being filled.
  351         Section 6. Section 295.07, Florida Statutes, is amended to
  352  read:
  353         295.07 Preference in appointment and retention.—
  354         (1) The state and its political subdivisions in the state
  355  shall give preference in appointment and retention in positions
  356  of employment to:
  357         (a) Those disabled veterans:
  358         1. Who have served on active duty in any branch of the
  359  Armed Forces of the United States, have received an honorable
  360  discharge been separated therefrom under honorable conditions,
  361  and have established the present existence of a service
  362  connected disability that which is compensable under public laws
  363  administered by the United States U.S. Department of Veterans
  364  Veterans’ Affairs;, or
  365         2. Who are receiving compensation, disability retirement
  366  benefits, or pension by reason of public laws administered by
  367  the United States U.S. Department of Veterans Veterans’ Affairs
  368  and the Department of Defense.
  369         (b) The spouse of a any person who has a total disability,
  370  permanent in nature, resulting from a service-connected
  371  disability and who, because of this disability, cannot qualify
  372  for employment, and the spouse of a any person missing in
  373  action, captured in line of duty by a hostile force, or forcibly
  374  detained or interned in line of duty by a foreign government or
  375  power.
  376         (c) A wartime veteran of any war as defined in s. 1.01(14).
  377  The veteran must have served at least 1 day during a wartime
  378  period to be eligible for veterans’ preference. Active duty for
  379  training may shall not be allowed for eligibility under this
  380  paragraph.
  381         (d) The unremarried widow or widower of a veteran who died
  382  of a service-connected disability.
  383         (e) The mother, father, legal guardian, or unremarried
  384  widow or widower of a member of the United States Armed Forces
  385  who died in the line of duty under combat-related conditions, as
  386  verified by the United States Department of Defense.
  387         (f) A veteran as defined in s. 1.01(14). Active duty for
  388  training may not be allowed for eligibility under this
  389  paragraph.
  390         (g) A current member of any reserve component of the United
  391  States Armed Forces or the Florida National Guard.
  392         (2) The Department of Veterans’ Affairs shall adopt rules
  393  to ensure that veterans are given special consideration in the
  394  employing agency’s selection and retention processes. The rules
  395  must include the award of point values as articulated in s.
  396  295.08, if applicable, or, where point values are not relevant,
  397  must include procedures to ensure that veterans are given
  398  special consideration at each step of the employment selection
  399  process, unless the sponsoring governmental entity is a party to
  400  a collective bargaining agreement, in which case the collective
  401  bargaining agreement must comply within 90 days following
  402  ratification of a successor collective bargaining agreement or
  403  extension of any existing collective bargaining agreement.
  404         (3) Preference in employment and retention may be given
  405  only to eligible persons who are described in subsection (1) and
  406  who are residents of this state.
  407         (4) The following positions are exempt from this section:
  408         (a) Those positions that are exempt from the state Career
  409  Service System under s. 110.205(2); however, all positions under
  410  the University Support Personnel System of the State University
  411  System as well as all Career Service System positions under the
  412  Florida College System and the School for the Deaf and the
  413  Blind, or the equivalent of such positions at state
  414  universities, Florida College System institutions, or the School
  415  for the Deaf and the Blind, are included.
  416         (b) Positions in political subdivisions of the state which
  417  are filled by officers elected by popular vote or persons
  418  appointed to fill vacancies in such offices and the personal
  419  secretary of each such officer, members of boards and
  420  commissions, persons employed on a temporary basis without
  421  benefits, heads of departments, positions that require licensure
  422  as a physician, licensure as an osteopathic physician, licensure
  423  as a chiropractic physician, and positions that require that the
  424  employee be a member of The Florida Bar.
  425         Section 7. Section 295.08, Florida Statutes, is amended to
  426  read:
  427         295.08 Positions for which a numerically based selection
  428  process is used.—For positions for which an examination is used
  429  to determine the qualifications for entrance into employment
  430  with the state or political subdivisions in the state, 15 points
  431  shall be added to the earned ratings of a person included under
  432  s. 295.07(1)(a) and (b), 10 points shall be added to the earned
  433  ratings of a any person included under s. 295.07(1)(c), (d), or
  434  (e) s. 295.07(1)(a) or (b), and 5 points shall be added to the
  435  earned ratings rating of a any person included under s.
  436  295.07(1)(f) or (g) s. 295.07(1)(c) and (d), if the person has
  437  obtained a qualifying score on the examination for the position.
  438  The names of persons eligible for preference shall be entered on
  439  an appropriate register or list in accordance with their
  440  respective augmented ratings. However, except for classes of
  441  positions with Federal Government designations of professional
  442  or technician, the names of all persons qualified to receive a
  443  15-point 10-point preference whose service-connected
  444  disabilities have been rated by the United States Department of
  445  Veterans Affairs or its predecessor or the Department of Defense
  446  to be 30 percent or more shall be placed at the top of the
  447  appropriate register or employment list, in accordance with
  448  their respective augmented ratings. The respective augmented
  449  rating is the examination score or evaluated score in addition
  450  to the applicable veteran’s preference points.
  451         Section 8. Section 295.085, Florida Statutes, is amended to
  452  read:
  453         295.085 Positions for which a numerically based selection
  454  process is not used.—In all positions in which the appointment
  455  or employment of persons is not subject to a written
  456  examination, with the exception of positions that are exempt
  457  under s. 295.07(4), first preference in appointment, employment,
  458  and retention shall be given by the state and political
  459  subdivisions in the state to persons included under s.
  460  295.07(1)(a) and (b), and second preference shall be given to
  461  persons included under s. 295.07(1)(c)-(g), s. 295.07(1)(c) and
  462  (d) who possess the minimum qualifications necessary to
  463  discharge the duties of the position involved.
  464         Section 9. Section 295.20, Florida Statutes, is created to
  465  read:
  466         295.20  Florida Is For Veterans, Inc.
  467         (1) CREATION.—There is created within the Department of
  468  Veterans’ Affairs a nonprofit corporation, to be known as
  469  Florida Is For Veterans, Inc., which shall be registered,
  470  incorporated, organized, and operated in compliance with chapter
  471  617, and which is not a unit or entity of state government. As
  472  used in this section and s. 295.21, unless the context indicates
  473  otherwise, the term “corporation” means Florida Is For Veterans,
  474  Inc. The corporation is a separate budget entity and is not
  475  subject to the control, supervision, or direction of the
  476  department in areas, including, but not limited to, personnel,
  477  purchasing, transactions involving real or personal property, or
  478  budgetary matters.
  479         (2) PURPOSE.—The purpose of the corporation is to promote
  480  Florida as a veteran-friendly state that seeks to equip veterans
  481  for employment opportunities and that promotes the hiring of
  482  veterans by the business community. The corporation should
  483  encourage retired and recently separated military personnel to
  484  keep or make Florida their permanent residence. The corporation
  485  shall promote the value of military skill sets to Florida
  486  businesses, assist in tailoring the training of veterans to
  487  match the needs of the employment marketplace, and enhance the
  488  entrepreneurial skills of veterans.
  489         (3) DUTIES.—The corporation shall:
  490         (a) Contract with one or more entities in accordance with
  491  competitive bidding requirements in s. 287.057. Such entity must
  492  have experience conducting market research on the veteran
  493  demographic and the tools to reach a target market on a
  494  nationwide basis. The corporation shall contract with such
  495  entity specifically to:
  496         1. Conduct research to identify the target market and the
  497  educational and employment needs of those in the target market.
  498         2. Develop and conduct a marketing campaign to encourage
  499  retired and recently separated military personnel to remain in
  500  Florida or to make Florida their permanent residence.
  501         3. Develop a process for the dissemination of information
  502  to the target market and targeting that information to the
  503  interests and needs of veterans of all ages, and which
  504  facilitates veterans’ knowledge of and access to benefits.
  505         (b) Promote and enhance the value of military skill sets to
  506  businesses.
  507         (c) Implement the Veterans Employment and Training Services
  508  Program established by s. 295.21.
  509         (d) Responsibly and prudently manage all funds received,
  510  and ensure that the use of such funds is in accordance with all
  511  applicable laws, bylaws, or contractual requirements.
  512         (e) Administer the programs created in this section and s.
  513  295.21.
  514         (4) GOVERNANCE.—
  515         (a) The corporation shall be governed by a 9-member board
  516  of directors. The Governor, the President of the Senate, and the
  517  Speaker of the House of Representatives shall each appoint three
  518  members to the board. In making appointments, the Governor, the
  519  President of the Senate, and the Speaker of the House of
  520  Representatives must consider representation by active or
  521  retired military personnel and their spouses representing a
  522  range of ages and persons with expertise in business, education,
  523  marketing, and information management.
  524         (b) The board of directors shall annually elect a
  525  chairperson from among the board’s members.
  526         (c) Each member of the board of directors shall be
  527  appointed for a term of 4 years, except that, to achieve
  528  staggered terms, the initial appointees of the Governor shall be
  529  appointed to terms of 2 years. A member is ineligible for
  530  reappointment to the board except that any member appointed to a
  531  term of 2 years or less may be reappointed for an additional
  532  term of 4 years. The initial appointments to the board must be
  533  made by November 15, 2014. Vacancies on the board of directors
  534  shall be filled by the officer who originally appointed the
  535  member. A vacancy that occurs before the scheduled expiration of
  536  the term of the member shall be filled for the remainder of the
  537  unexpired term.
  538         (d) The Legislature finds that it is in the public interest
  539  for the members of the board of directors to be subject to the
  540  requirements of ss. 112.313, 112.3135, and 112.3143,
  541  notwithstanding the fact that they are not public officers or
  542  employees. For purposes of those sections, board members shall
  543  be considered to be public officers or employees. In addition to
  544  the postemployment restrictions of s. 112.313(9), a person
  545  appointed to the board of directors may not have direct interest
  546  in a contract, franchise, privilege, project, program, or other
  547  benefit arising from an award by the corporation during the
  548  appointment term and for 2 years after the termination of such
  549  appointment. It is a misdemeanor of the first degree, punishable
  550  as provided in s. 775.082 or s. 775.083, for a person to accept
  551  appointment to the board of directors in violation of this
  552  subsection or to accept a direct interest in any contract,
  553  franchise, privilege, project, program, or other benefit granted
  554  by the corporation to an awardee within 2 years after the
  555  termination of his or her service on the board. Further, each
  556  member of the board of directors who is not otherwise required
  557  to file financial disclosure under s. 8, Art. II of the State
  558  Constitution or s. 112.3144 shall file a statement of financial
  559  interests under s. 112.3145.
  560         (e) Each member of the board of directors shall serve
  561  without compensation, but shall receive reimbursement for travel
  562  and per diem expenses as provided in s. 112.061 while performing
  563  his or her duties.
  564         (f) Each member of the board of directors is accountable
  565  for the proper performance of the duties of office and owes a
  566  fiduciary duty to the people of this state to ensure that awards
  567  provided are disbursed and used as prescribed by law and
  568  contract. An appointed member of the board of directors may be
  569  removed by the officer who appointed the member for malfeasance,
  570  misfeasance, neglect of duty, incompetence, permanent inability
  571  to perform official duties, unexcused absence from three
  572  consecutive board meetings, arrest, or indictment for a crime
  573  that is a felony or a misdemeanor involving theft or a crime of
  574  dishonesty, or pleading nolo contendere to or being found guilty
  575  of any crime.
  576         (g) A majority of the members of the board of directors
  577  constitutes a quorum. Council meetings may be held via
  578  teleconference or other electronic means.
  579         (5) POWERS.—In addition to the powers and duties prescribed
  580  in chapter 617 and the articles and bylaws adopted thereunder,
  581  the board of directors may:
  582         (a) Make and enter into contracts and other instruments
  583  necessary or convenient for the exercise of its powers and
  584  functions. However, notwithstanding s. 617.0302, the corporation
  585  may not issue bonds.
  586         (b) Make expenditures, including any necessary
  587  administrative expenditure.
  588         (c) Adopt, amend, and repeal bylaws, consistent with the
  589  powers granted to it under this section or the articles of
  590  incorporation, for the administration of the activities of the
  591  corporation, and the exercise of its corporate powers.
  592         (d) Accept funding for its programs and activities from
  593  federal, state, local, and private sources.
  594         (e) Adopt and register a fictitious name for use in its
  595  marketing activities.
  596         (f) Provide for the reversion of moneys and property held
  597  by the corporation to the state if the corporation ceases to
  598  exist.
  599  
  600  The credit of the State of Florida may not be pledged on behalf
  601  of the corporation.
  602         (6) APPLICABILITY OF PUBLIC RECORDS AND MEETINGS LAWS.—The
  603  corporation is subject to the provisions of chapters 119 and 286
  604  relating to public records and meetings, respectively.
  605         (7) STAFFING AND ASSISTANCE.—
  606         (a) The corporation is authorized to hire or contract for
  607  all staff necessary for the proper execution of its powers and
  608  duties. All employees of the corporation shall comply with the
  609  Code of Ethics for Public Officers and Employees under part III
  610  of chapter 112. Corporation staff must agree to refrain from
  611  having any direct interest in any contract, franchise,
  612  privilege, project, program, or other benefit arising from an
  613  award by the corporation during the term of their appointment
  614  and for 2 years after the termination of such appointment.
  615         (b) All agencies of the state are authorized and directed
  616  to provide such technical assistance as the corporation may
  617  require to identify programs within each agency which provide
  618  assistance or benefits to veterans who are located in this state
  619  or who are considering relocation to this state.
  620         (c) The Department of Veterans’ Affairs may authorize the
  621  corporation’s use of the department’s property, facilities, and
  622  personal services, subject to this section. The department may
  623  prescribe by contract any condition with which the corporation
  624  must comply in order to use the department’s property,
  625  facilities, or personal services.
  626         (d) The department may not authorize the use of its
  627  property, facilities, or personal services if the corporation
  628  does not provide equal employment opportunities to all persons
  629  regardless of race, color, religion, sex, age, or national
  630  origin.
  631         (8) REPORTS.—The corporation shall submit an annual
  632  progress report and work plan by each December 1 to the
  633  Governor, the President of the Senate, and the Speaker of the
  634  House of Representatives. The report must include:
  635         (a) Status and summary of findings regarding the target
  636  market, veteran benefits, and any identified gaps in services.
  637         (b) Status of the marketing campaign, delivery systems of
  638  the marketing campaign, and outreach to the target market.
  639         (c) Status of the Veterans Employment and Training Services
  640  Program administered under s. 295.21.
  641         (d) Proposed revisions or additions to performance
  642  measurements for the programs administered by the corporation.
  643         (e) Identification of contracts that the corporation has
  644  entered into to carry out its duties.
  645         (f) An annual compliance and financial audit of accounts
  646  and records for the previous fiscal year prepared by an
  647  independent certified public accountant in accordance with rules
  648  adopted by the Auditor General.
  649         Section 10. By February 1, 2018, the Office of Program
  650  Policy Analysis and Government Accountability shall conduct a
  651  performance audit of Florida Is For Veterans, Inc. The audit
  652  shall assess the implementation and outcomes of activities under
  653  ss. 295.20 and 295.21, Florida Statutes, and evaluate the
  654  corporation’s accomplishments and progress toward making Florida
  655  a veteran-friendly state. The audit must provide recommendations
  656  for any necessary improvements. The report of the audit’s
  657  findings shall be submitted to the President of the Senate and
  658  the Speaker of the House of Representatives.
  659         Section 11. Section 295.21, Florida Statutes, is created to
  660  read:
  661         295.21 Veterans Employment and Training Services Program.—
  662         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  663  that this state has a compelling interest in ensuring that each
  664  veteran who is a resident of this state finds employment that
  665  meets his or her professional goals and receives the training or
  666  education necessary to meet those goals. The Legislature also
  667  finds that connecting dedicated, well-trained veterans with
  668  businesses that need a dedicated, well-trained workforce is of
  669  paramount importance. The Legislature recognizes that veterans
  670  may not currently have the skills to meet the workforce needs of
  671  Florida employers and may require assistance in obtaining
  672  additional workforce training or in transitioning their skills
  673  to meet the demands of the marketplace. It is the intent of the
  674  Legislature that the Veterans Employment and Training Services
  675  Program coordinate and meet the needs of veterans and the
  676  business community to enhance the economy of this state.
  677         (2) CREATION.—The Veterans Employment and Training Services
  678  Program is created within the Department of Veterans’ Affairs to
  679  assist in linking veterans in search of employment with
  680  businesses seeking to hire dedicated, well-trained workers. The
  681  purpose of the program is to meet the workforce demands of
  682  Florida businesses by facilitating access to training and
  683  education in high-demand fields for veterans.
  684         (3)ADMINISTRATION.—Florida Is For Veterans, Inc., shall
  685  administer the Veterans Employment and Training Services Program
  686  and perform all of the following functions:
  687         (a) Conduct marketing and recruiting efforts directed at
  688  veterans who reside in or who have an interest in relocating to
  689  this state and who are seeking employment. Marketing must
  690  include information related to how a veteran’s military
  691  experience can be valuable to a business. Such efforts may
  692  include attending veteran job fairs and events, hosting events
  693  for veterans or the business community, and using digital and
  694  social media and direct mail campaigns. The corporation shall
  695  also include such marketing as part of its main marketing
  696  campaign.
  697         (b) Assist veterans who reside in or relocate to this state
  698  and who are seeking employment. The corporation shall offer
  699  skills assessments to veterans and assist them in establishing
  700  employment goals and applying for and achieving gainful
  701  employment.
  702         1. Assessment may include skill match information, skill
  703  gap analysis, resume creation, translation of military skills
  704  into civilian workforce skills, and translation of military
  705  achievements and experience to generally understood civilian
  706  workforce skills.
  707         2. Assistance may include providing the veteran with
  708  information on current workforce demand by industry or
  709  geographic region, creating employment goals, and aiding or
  710  teaching general knowledge related to completing applications.
  711  The corporation may provide information related to industry
  712  certifications approved by the Department of Education under s.
  713  1008.44 as well as information related to earning academic
  714  college credit at public postsecondary educational institutions
  715  for college-level training and education acquired in the
  716  military under s. 1004.096.
  717         3.The corporation shall encourage veterans to register
  718  with the state’s job bank system and may refer veterans to local
  719  one-stop career centers for further services. The corporation
  720  shall provide each veteran with information about state
  721  workforce programs and shall consolidate information about all
  722  available resources on one website that, if possible, includes a
  723  hyperlink to each resource’s website and contact information, if
  724  available. If appropriate, a veteran shall be encouraged to
  725  participate in the Complete Florida Degree Program established
  726  under s. 1006.735.
  727         4. Assessment and assistance may be in person or by
  728  electronic means, as determined by the corporation to be most
  729  efficient and best meet the needs of veterans.
  730         (c) Assist Florida businesses in recruiting and hiring
  731  veterans. The corporation shall provide services to Florida
  732  businesses to meet their hiring needs by connecting businesses
  733  with suitable veteran applicants for employment. Suitable
  734  applicants include veterans who have appropriate job skills or
  735  may need additional training to meet a business’s specific
  736  needs. The corporation shall also provide information about the
  737  state and federal benefits of hiring veterans.
  738         (d) Create a grant program to provide funding to assist
  739  veterans in meeting the workforce-skill needs of businesses
  740  seeking to hire veterans, establish criteria for approval of
  741  requests for funding, and maximize the use of funding for this
  742  program. Grant funds may be used only in the absence of
  743  available veteran-specific federally funded programs. Grants may
  744  fund specialized training specific to a particular business.
  745         1. Grant funds may be allocated to any training provider
  746  selected by the business, including a career center, a Florida
  747  College System institution, a state university, or an in-house
  748  training provider of the business. If grant funds are used to
  749  provide a technical certificate, a licensure, or a degree, funds
  750  may be allocated only upon a review that includes, but is not
  751  limited to, accreditation and licensure documentation.
  752  Instruction funded through the program must terminate when
  753  participants demonstrate competence at the level specified in
  754  the request; however, the grant term may not exceed 48 months.
  755  Preference shall be given to target industry businesses, as
  756  defined in s. 288.106, and to businesses in the defense supply,
  757  cloud virtualization, or commercial aviation manufacturing
  758  industries.
  759         2. Costs and expenditures for the grant program must be
  760  documented and separated from those incurred by the training
  761  provider. Costs and expenditures shall be limited to $8,000 per
  762  veteran trainee. Eligible costs and expenditures include:
  763         a. Tuition and fees;
  764         b. Curriculum development;
  765         c. Books and classroom materials;
  766         d. Rental fees for facilities at public colleges and
  767  universities, including virtual training labs; and
  768         e. Overhead or indirect costs not to exceed 5 percent of
  769  the grant amount.
  770         3.Before funds are allocated for a request pursuant to
  771  this section, the corporation shall prepare a grant agreement
  772  between the business requesting funds, the educational
  773  institution or training provider receiving funding through the
  774  program, and the corporation. Such agreement must include, but
  775  need not be limited to:
  776         a. Identification of the personnel necessary to conduct the
  777  instructional program, the qualifications of such personnel, and
  778  the respective responsibilities of the parties for paying costs
  779  associated with the employment of such personnel.
  780         b. Identification of the match provided by the business,
  781  including cash and in-kind contributions, equal to at least 50
  782  percent of the total grant amount.
  783         c. Identification of the estimated duration of the
  784  instructional program.
  785         d. Identification of all direct, training-related costs.
  786         e. Identification of special program requirements that are
  787  not otherwise addressed in the agreement.
  788         f. Permission to access aggregate information specific to
  789  the wages and performance of participants upon the completion of
  790  instruction for evaluation purposes. The agreement must specify
  791  that any evaluation published subsequent to the instruction may
  792  not identify the employer or any individual participant.
  793         4. A business may receive a grant under the Quick-Response
  794  Training Program created under s. 288.047 and a grant under this
  795  section for the same veteran trainee. If a business receives
  796  funds under both programs, one grant agreement may be entered
  797  into with Workforce Florida, Inc., as the grant administrator.
  798         (e) Contract with one or more entities to administer an
  799  entrepreneur initiative program for veterans in this state which
  800  connects Florida’s business leaders with veterans seeking to
  801  become entrepreneurs.
  802         1.The corporation shall award each contract in accordance
  803  with the competitive bidding requirements in s. 287.057 to one
  804  or more public or private universities that:
  805         a. Demonstrate the ability to implement the program and the
  806  commitment of university resources, including financial
  807  resources, to such programs;
  808         b. Have a military and veteran resource center;
  809         c. Have a regional small business development center in the
  810  Florida Small Business Development Center Network; and
  811         d. As determined by the corporation, have been nationally
  812  recognized for commitment to the military and veterans.
  813         2. Each contract must include performance metrics,
  814  including a focus on employment and business creation. Each
  815  university must coordinate with any entrepreneurship center
  816  located at the university. The university may also work with an
  817  entity offering related programs to refer veterans or to provide
  818  services. The entrepreneur initiative program may include
  819  activities and assistance such as peer-to-peer learning
  820  sessions, mentoring, technical assistance, business roundtables,
  821  networking opportunities, support of student organizations,
  822  speaker series, or other tools within a virtual environment.
  823         (4) DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida,
  824  Inc., shall provide information about the corporation and its
  825  services to prospective, new, expanding, and relocating
  826  businesses seeking to conduct business in this state. Enterprise
  827  Florida, Inc., shall, to the greatest extent possible,
  828  collaborate with the corporation to meet the employment needs,
  829  including meeting job creation requirements, of any business
  830  receiving assistance or services from Enterprise Florida, Inc.
  831         Section 12. By February 2, 2015, Florida Is For Veterans,
  832  Inc., shall submit a report to the Governor, the President of
  833  the Senate, and the Speaker of the House of Representatives
  834  identifying existing gaps in veteran resources and recommending
  835  best practices that may be employed in assisting veterans and
  836  improvements to current or new resources and programs.
  837         Section 13. Paragraph (b) of subsection (2) of section
  838  296.06, Florida Statutes, is amended to read:
  839         296.06 State policy; eligibility requirements.—
  840         (2) To be eligible for residency in the home, a veteran
  841  must:
  842         (b) Have been a resident of the state for 1 year
  843  immediately preceding application and Be a resident of the state
  844  at the time of application.
  845         Section 14. Paragraph (b) of subsection (1) of section
  846  296.36, Florida Statutes, is amended to read:
  847         296.36 Eligibility and priority of admittance.—
  848         (1) To be eligible for admittance to the home, the person
  849  must be a veteran as provided in s. 1.01(14) or have eligible
  850  peacetime service as defined in s. 296.02 and must:
  851         (b) Be Have been a resident of the state for 1 year
  852  immediately preceding, and at the time of application for,
  853  admission to the home.
  854         Section 15. Subsection (12) of section 455.213, Florida
  855  Statutes, is amended to read:
  856         455.213 General licensing provisions.—
  857         (12) The department shall waive the initial licensing fee,
  858  the initial application fee, and the initial unlicensed activity
  859  fee for a military veteran or his or her spouse at the time of
  860  discharge, if he or she who applies to the department for a
  861  license, in a format prescribed by the department, within 60 24
  862  months after the veteran is discharged discharge from any branch
  863  of the United States Armed Forces. To qualify for this waiver,
  864  the veteran must have been honorably discharged.
  865         Section 16. Subsection (13) of section 456.013, Florida
  866  Statutes, is amended to read:
  867         456.013 Department; general licensing provisions.—
  868         (13) The department shall waive the initial licensing fee,
  869  the initial application fee, and the initial unlicensed activity
  870  fee for a military veteran or his or her spouse at the time of
  871  discharge, if he or she who applies to the department for an
  872  initial license within 60 24 months after the veteran is being
  873  honorably discharged from any branch of the United States Armed
  874  Forces. The applicant must apply for the fee waiver using a form
  875  prescribed by the department and must submit supporting
  876  documentation as required by the department.
  877         Section 17. Subsection (1) of section 468.304, Florida
  878  Statutes, is amended to read:
  879         468.304 Certification.—The department shall certify any
  880  applicant who meets the following criteria:
  881         (1) Pays to the department a nonrefundable fee that may not
  882  exceed $100, plus the actual per-applicant cost to the
  883  department for purchasing the examination from a national
  884  organization. The department shall waive the initial application
  885  fee for a military veteran or his or her spouse at the time of
  886  discharge, if he or she who applies to the department for an
  887  initial certification within 60 24 months after the veteran is
  888  being honorably discharged from any branch of the United States
  889  Armed Forces. The applicant must apply for the fee waiver using
  890  a form prescribed by the department and must submit supporting
  891  documentation as required by the department. This waiver does
  892  not include the fee for purchasing the examination from a
  893  national organization.
  894  
  895  The department may not certify any applicant who has committed
  896  an offense that would constitute a violation of any of the
  897  provisions of s. 468.3101 or applicable rules if the applicant
  898  had been certified by the department at the time of the offense.
  899  An application for a limited computed tomography certificate may
  900  not be accepted. A person holding a valid computed tomography
  901  certificate as of October 1, 1984, is subject to s. 468.309.
  902         Section 18. Paragraph (b) of subsection (16) of section
  903  499.012, Florida Statutes, is amended to read:
  904         499.012 Permit application requirements.—
  905         (16)
  906         (b) To be certified as a designated representative, a
  907  natural person must:
  908         1. Submit an application on a form furnished by the
  909  department and pay the appropriate fees;
  910         2. Be at least 18 years of age;
  911         3. Have at least not less than 2 years of verifiable full
  912  time:
  913         a. Work experience in a pharmacy licensed in this state or
  914  another state, where the person’s responsibilities included, but
  915  were not limited to, recordkeeping for prescription drugs;, or
  916  have not less than 2 years of verifiable full-time
  917         b. Managerial experience with a prescription drug wholesale
  918  distributor licensed in this state or in another state; or
  919         c. Managerial experience with the United States Armed
  920  Forces, where the person’s responsibilities included, but were
  921  not limited to, recordkeeping, warehousing, distribution, or
  922  other logistics services pertaining to prescription drugs;
  923         4. Receive a passing score of at least 75 percent on an
  924  examination given by the department regarding federal laws
  925  governing distribution of prescription drugs and this part and
  926  the rules adopted by the department governing the wholesale
  927  distribution of prescription drugs. This requirement shall be
  928  effective 1 year after the results of the initial examination
  929  are mailed to the persons that took the examination. The
  930  department shall offer such examinations at least four times
  931  each calendar year; and
  932         5. Provide the department with a personal information
  933  statement and fingerprints pursuant to subsection (9).
  934         Section 19. For the purpose of incorporating the amendment
  935  made by this act to section 295.07, Florida Statutes, in a
  936  reference thereto, paragraph (f) of subsection (4) of section
  937  1002.36, Florida Statutes, is reenacted to read:
  938         1002.36 Florida School for the Deaf and the Blind.—
  939         (4) BOARD OF TRUSTEES.—
  940         (f) The board of trustees shall:
  941         1. Prepare and submit legislative budget requests for
  942  operations and fixed capital outlay, in accordance with chapter
  943  216 and ss. 1011.56 and 1013.60, to the Department of Education
  944  for review and approval. The department must analyze the amount
  945  requested for fixed capital outlay to determine if the request
  946  is consistent with the school’s campus master plan, educational
  947  plant survey, and facilities master plan. Projections of
  948  facility space needs may exceed the norm space and occupant
  949  design criteria established in the State Requirements for
  950  Educational Facilities.
  951         2. Approve and administer an annual operating budget in
  952  accordance with ss. 1011.56 and 1011.57.
  953         3. Require all funds received other than gifts, donations,
  954  bequests, funds raised by or belonging to student clubs or
  955  student organizations, and funds held for specific students or
  956  in accounts for individual students to be deposited in the State
  957  Treasury and expended as authorized in the General
  958  Appropriations Act.
  959         4. Require all purchases to be in accordance with the
  960  provisions of chapter 287 except for purchases made with funds
  961  received as gifts, donations, or bequests; funds raised by or
  962  belonging to student clubs or student organizations; or funds
  963  held for specific students or in accounts for individual
  964  students.
  965         5. Administer and maintain personnel programs for all
  966  employees of the board of trustees and the Florida School for
  967  the Deaf and the Blind who shall be state employees, including
  968  the personnel classification and pay plan established in
  969  accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
  970  academic and academic administrative personnel, the provisions
  971  of chapter 110, and the provisions of law that grant authority
  972  to the Department of Management Services over such programs for
  973  state employees.
  974         6. Give preference in appointment and retention in
  975  positions of employment as provided within s. 295.07(1).
  976         7. Ensure that the Florida School for the Deaf and the
  977  Blind complies with s. 1013.351 concerning the coordination of
  978  planning between the Florida School for the Deaf and the Blind
  979  and local governing bodies.
  980         8. Ensure that the Florida School for the Deaf and the
  981  Blind complies with s. 112.061 concerning per diem and travel
  982  expenses of public officers, employees, and authorized persons
  983  with respect to all funds other than funds received as gifts,
  984  donations, or bequests; funds raised by or belonging to student
  985  clubs or student organizations; or funds held for specific
  986  students or in accounts for individual students.
  987         9. Adopt a master plan which specifies the mission and
  988  objectives of the Florida School for the Deaf and the Blind. The
  989  plan shall include, but not be limited to, procedures for
  990  systematically measuring the school’s progress toward meeting
  991  its objectives, analyzing changes in the student population, and
  992  modifying school programs and services to respond to such
  993  changes. The plan shall be for a period of 5 years and shall be
  994  reviewed for needed modifications every 2 years. The board of
  995  trustees shall submit the initial plan and subsequent
  996  modifications to the Speaker of the House of Representatives and
  997  the President of the Senate.
  998         10. Designate a portion of the school as “The Verle Allyn
  999  Pope Complex for the Deaf,” in tribute to the late Senator Verle
 1000  Allyn Pope.
 1001         Section 20. This act shall take effect July 1, 2014.