ENROLLED
2016 Legislature CS for SB 184, 1st Engrossed
2016184er
1
2 An act relating to military and veterans affairs;
3 creating s. 83.683, F.S.; requiring a landlord, a
4 condominium association, a cooperative association, or
5 a homeowners’ association to complete the processing
6 of a rental application submitted by a servicemember
7 within a specified timeframe; providing applicability;
8 amending s. 322.08, F.S.; requiring the application
9 form for an original, renewal, or replacement driver
10 license or identification card to include a voluntary
11 checkoff authorizing veterans to request written or
12 electronic information on federal, state, and local
13 benefits and services for veterans; requiring the
14 requested information to be delivered by a third-party
15 provider; requiring the Department of Highway Safety
16 and Motor Vehicles to report monthly to the Department
17 of Veterans’ Affairs the names and mailing or e-mail
18 addresses of veterans who request information;
19 requiring the Department of Veterans’ Affairs to
20 disseminate veteran contact information to the third
21 party provider; requiring that the third-party
22 provider be a nonprofit organization; defining the
23 term “nonprofit organization”; requiring that the
24 Department of Veterans’ Affairs provide veteran
25 contact information to the appropriate county or city
26 veteran service officer; specifying that a third-party
27 provider may use veteran contact information only as
28 authorized; prohibiting a third-party provider from
29 selling veteran contact information; requiring a
30 third-party provider to maintain confidentiality of
31 veteran contact information under specified
32 provisions; providing a penalty; amending s. 265.003,
33 F.S.; defining the term “veteran” or “military
34 veteran” for purposes of determining persons the
35 Florida Veterans’ Hall of Fame Council may consider as
36 nominees for the Florida Veterans’ Hall of Fame;
37 creating s. 489.1131, F.S.; directing the Department
38 of Business and Professional Regulation to provide a
39 method by which honorably discharged veterans may
40 apply for construction contracting licensure;
41 authorizing the Construction Industry Licensing Board
42 to adopt rules; directing the department, in
43 conjunction with the board, to annually prepare and
44 submit a specified report to the Governor and
45 Legislature; amending s. 489.511, F.S.; revising
46 eligibility criteria for taking the electrical or
47 alarm system contractor certification examination;
48 creating s. 489.5161, F.S.; directing the Department
49 of Business and Professional Regulation to provide a
50 method by which honorably discharged veterans may
51 apply for electrical or alarm system contracting
52 licensure; authorizing the Electrical Contractors’
53 Licensing Board to adopt rules; directing the
54 department, in conjunction with the board, to annually
55 prepare and submit a specified report to the Governor
56 and Legislature; creating s. 493.61035, F.S.;
57 directing the Department of Agriculture and Consumer
58 Services to provide a method by which honorably
59 discharged veterans may apply for private
60 investigative, private security, and repossession
61 services licensure; authorizing the department to
62 adopt rules; directing the department to annually
63 prepare and submit a specified report to the Governor
64 and Legislature; directing the Department of Highway
65 Safety and Motor Vehicles and the Department of
66 Military Affairs to conduct a commercial motor vehicle
67 driver license testing pilot program; specifying
68 testing locations and funding; requiring the
69 departments to submit a report to the Legislature by a
70 specified date; providing for repeal of the program;
71 creating the Military and Overseas Voting Assistance
72 Task Force within the Department of State; specifying
73 membership of the task force; authorizing
74 reimbursement for per diem and travel expenses;
75 prescribing duties of the task force; requiring
76 submission of a report to the Governor and the
77 Legislature by a specified date; providing for
78 expiration of the task force; providing for staffing;
79 providing an effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Section 83.683, Florida Statutes, is created to
84 read:
85 83.683 Rental application by a servicemember.—
86 (1) If a landlord requires a prospective tenant to complete
87 a rental application before residing in a rental unit, the
88 landlord must complete processing of a rental application
89 submitted by a prospective tenant who is a servicemember, as
90 defined in s. 250.01, within 7 days after submission and must,
91 within that 7-day period, notify the servicemember in writing of
92 an application approval or denial and, if denied, the reason for
93 denial. Absent a timely denial of the rental application, the
94 landlord must lease the rental unit to the servicemember if all
95 other terms of the application and lease are complied with.
96 (2) If a condominium association, as defined in chapter
97 718, a cooperative association, as defined in chapter 719, or a
98 homeowners’ association, as defined in chapter 720, requires a
99 prospective tenant of a condominium unit, cooperative unit, or
100 parcel within the association’s control to complete a rental
101 application before residing in a rental unit or parcel, the
102 association must complete processing of a rental application
103 submitted by a prospective tenant who is a servicemember, as
104 defined in s. 250.01, within 7 days after submission and must,
105 within that 7-day period, notify the servicemember in writing of
106 an application approval or denial and, if denied, the reason for
107 denial. Absent a timely denial of the rental application, the
108 association must allow the unit or parcel owner to lease the
109 rental unit or parcel to the servicemember and the landlord must
110 lease the rental unit or parcel to the servicemember if all
111 other terms of the application and lease are complied with.
112 (3) The provisions of this section may not be waived or
113 modified by the agreement of the parties under any
114 circumstances.
115 Section 2. Present subsection (9) of section 322.08,
116 Florida Statutes, is renumbered as subsection (10), and a new
117 subsection (9) is added to that section, to read:
118 322.08 Application for license; requirements for license
119 and identification card forms.—
120 (9)(a) To support the carrying out of the duties of the
121 Department of Veterans’ Affairs prescribed in s. 292.05 and to
122 facilitate its outreach to veterans residing in this state, the
123 application form for an original, a renewal, or a replacement
124 driver license or identification card must include a voluntary
125 checkoff authorizing a veteran of the United States Armed Forces
126 to request written or electronic information on federal, state,
127 and local benefits and services available to veterans. The
128 veteran may elect to receive requested information through
129 United States mail or by e-mail. The requested information shall
130 be delivered to the veteran by any third-party provider selected
131 by the Department of Veterans’ Affairs to act on its behalf.
132 (b) The department shall collaborate with the Department of
133 Veterans’ Affairs to administer this subsection. The department
134 shall report monthly to the Department of Veterans’ Affairs the
135 name and mailing address or e-mail address of each veteran who
136 requests information as provided in paragraph (a). Following
137 receipt of the monthly report, the Department of Veterans’
138 Affairs shall disseminate the contact information for each such
139 veteran to the third-party provider acting on its behalf. The
140 third-party provider must be a nonprofit organization with
141 sufficient ability to communicate with veterans residing
142 throughout this state. For purposes of this paragraph, the term
143 “nonprofit organization” means an organization exempt from the
144 federal income tax under s. 501 of the Internal Revenue Code of
145 1986 or any federal, state, or local governmental entity.
146 (c) In addition to the requirements of paragraph (b), the
147 Department of Veterans’ Affairs shall disseminate the contact
148 information for a veteran who selects the voluntary checkoff to
149 the appropriate county or city veteran service officer in order
150 to facilitate further outreach to veterans.
151 (d)1. The contact information of a veteran which is
152 obtained by a third-party provider pursuant to this subsection
153 may be used only as authorized by this subsection. The third
154 party provider may not sell such contact information. Except as
155 otherwise provided, the third-party provider must maintain the
156 confidentiality of the contact information in accordance with
157 chapter 119 and the federal Driver’s Privacy Protection Act of
158 1994, 18 U.S.C. ss. 2721 et seq.
159 2. A person who willfully and knowingly violates this
160 paragraph commits a misdemeanor of the first degree, punishable
161 as provided in s. 775.082 or s. 775.083.
162 Section 3. Subsection (4) of section 265.003, Florida
163 Statutes, is amended to read:
164 265.003 Florida Veterans’ Hall of Fame.—
165 (4)(a) The Florida Veterans’ Hall of Fame Council shall
166 annually accept nominations of persons to be considered for
167 induction into the Florida Veterans’ Hall of Fame and shall
168 transmit a list of up to 20 nominees to the Department of
169 Veterans’ Affairs for submission to the Governor and the Cabinet
170 who will select the nominees to be inducted.
171 (b) In selecting its nominees for submission to the
172 Governor and the Cabinet, the Florida Veterans’ Hall of Fame
173 council shall give preference to veterans who were born in
174 Florida or adopted Florida as their home state or base of
175 operation and who have made a significant contribution to the
176 state in civic, business, public service, or other pursuits.
177 (c) For purposes of this section, the term “veteran” or
178 “military veteran” means a person who meets the definition of
179 the term in s. 1.01(14) or a former member of the Florida
180 National Guard.
181 Section 4. Section 489.1131, Florida Statutes, is created
182 to read:
183 489.1131 Credit for relevant military training and
184 education.-
185 (1) The department shall provide a method by which
186 honorably discharged veterans may apply for licensure. The
187 method must include a veteran-specific application and provide:
188 (a) To the fullest extent possible, credit toward the
189 requirements for licensure for military experience, training,
190 and education received and completed during service in the
191 United States Armed Forces if the military experience, training,
192 or education is substantially similar to the experience,
193 training, or education required for licensure.
194 (b) Acceptance of up to 3 years of active duty service in
195 the United States Armed Forces, regardless of duty or training,
196 to meet the experience requirements of s. 489.111(2)(c). At
197 least 1 additional year of active experience as a foreman in the
198 trade, either civilian or military, is required to fulfill the
199 experience requirement of s. 489.111(2)(c).
200
201 The board may adopt rules pursuant to s. 120.536(1) and s.
202 120.54 to implement this subsection.
203 (2) Notwithstanding any other provision of law, beginning
204 October 1, 2017, and annually thereafter, the department, in
205 conjunction with the board, is directed to prepare and submit a
206 report titled “Construction and Electrical Contracting Veteran
207 Applicant Statistics” to the Governor, the President of the
208 Senate, and the Speaker of the House of Representatives. The
209 report must include statistics and information relating to this
210 section and s. 489.5161 which detail:
211 (a) The number of applicants who identified themselves as
212 veterans.
213 (b) The number of veterans whose application for a license
214 was approved.
215 (c) The number of veterans whose application for a license
216 was denied, including the reasons for denial.
217 (d) Data on the application processing times for veterans.
218 (e) Recommendations on ways to improve the department’s
219 ability to meet the needs of veterans which would effectively
220 address the challenges that veterans face when separating from
221 military service and seeking a license regulated by the
222 department pursuant to part I of chapter 489.
223 Section 5. Paragraph (b) of subsection (1) of section
224 489.511, Florida Statutes, is amended to read:
225 489.511 Certification; application; examinations;
226 endorsement.—
227 (1)
228 (b) Any person desiring to be certified as a contractor
229 shall apply to the department in writing and must meet the
230 following criteria:
231 1. Be of good moral character;
232 2. Pass the certification examination, achieving a passing
233 grade as established by board rule; and
234 3. Meet eligibility requirements according to one of the
235 following criteria:
236 a. Has, within the 6 years immediately preceding the filing
237 of the application, at least 3 years of years’ proven management
238 experience in the trade or education equivalent thereto, or a
239 combination thereof, but not more than one-half of such
240 experience may be educational equivalent;
241 b. Has, within the 8 years immediately preceding the filing
242 of the application, at least 4 years of years’ experience as a
243 supervisor or contractor in the trade for which he or she is
244 making application, or at least 4 years of experience as a
245 supervisor in electrical or alarm system work with the United
246 States Armed Forces;
247 c. Has, within the 12 years immediately preceding the
248 filing of the application, at least 6 years of comprehensive
249 training, technical education, or supervisory experience
250 associated with an electrical or alarm system contracting
251 business, or at least 6 years of technical experience,
252 education, or training in electrical or alarm system work with
253 the United States Armed Forces or a governmental entity;
254 d. Has, within the 12 years immediately preceding the
255 filing of the application, been licensed for 3 years as a
256 professional engineer who is qualified by education, training,
257 or experience to practice electrical engineering; or
258 e. Has any combination of qualifications under sub
259 subparagraphs a.-c. totaling 6 years of experience.
260 Section 6. Section 489.5161, Florida Statutes, is created
261 to read:
262 489.5161 Credit for relevant military training and
263 education.-
264 (1) The department shall provide a method by which
265 honorably discharged veterans may apply for licensure. The
266 method must include a veteran-specific application and provide,
267 to the fullest extent possible, credit toward the requirements
268 for licensure for military experience, training, and education
269 received and completed during service in the United States Armed
270 Forces if the military experience, training, or education is
271 substantially similar to the experience, training, or education
272 required for licensure. The board may adopt rules pursuant to s.
273 120.536(1) and s. 120.54 to implement this subsection.
274 (2) Notwithstanding any other provision of law, beginning
275 October 1, 2017, and annually thereafter, the department, in
276 conjunction with the board, is directed to prepare and submit a
277 report titled “Construction and Electrical Contracting Veteran
278 Applicant Statistics” to the Governor, the President of the
279 Senate, and the Speaker of the House of Representatives. The
280 report shall include statistics and information relating to this
281 section and s. 489.1131 which detail:
282 (a) The number of applicants who identified themselves as
283 veterans.
284 (b) The number of veterans whose application for a license
285 was approved.
286 (c) The number of veterans whose application for a license
287 was denied, including data on the reasons for denial.
288 (d) Data on the application processing times for veterans.
289 (e) Recommendations on ways to improve the department’s
290 ability to meet the needs of veterans which would effectively
291 address the challenges that veterans face when separating from
292 military service and seeking a license regulated by the
293 department pursuant to part II of chapter 489.
294 Section 7. Section 493.61035, Florida Statutes, is created
295 to read:
296 493.61035 Credit for relevant military training and
297 education.—
298 (1) The department shall provide a method by which
299 honorably discharged veterans may apply for licensure. The
300 method must include:
301 (a) To the fullest extent possible, credit toward the
302 requirements for licensure for military training and education
303 received and completed during service in the United States Armed
304 Forces if the military training or education is substantially
305 similar to the training or education required for licensure.
306 (b) Identification of overlaps and gaps between the
307 requirements for licensure and the military training or
308 education received and completed by the veteran, and subsequent
309 notification to the veteran of the overlaps and gaps.
310 (c) Assistance in identifying programs that offer training
311 and education needed to meet the requirements for licensure.
312 (2) Notwithstanding any other provision of law, beginning
313 October 1, 2017, and annually thereafter, the department is
314 directed to prepare and submit a report to the Governor, the
315 President of the Senate, and the Speaker of the House of
316 Representatives. In addition to any other information that the
317 Legislature may require, the report must include statistics and
318 relevant information which detail:
319 (a) The number of applicants who identified themselves as
320 veterans.
321 (b) The number of veterans whose application for a license
322 was approved.
323 (c) The number of veterans whose application for a license
324 was denied, including the reasons for denial.
325 (d) Data on the application processing times for veterans.
326 (e) The department’s efforts to assist veterans in
327 identifying programs that offer training and education needed to
328 meet the requirements for licensure.
329 (f) The department’s identification of the most common
330 overlaps and gaps between the requirements for licensure and the
331 military training and education received and completed by the
332 veterans.
333 (g) Recommendations on ways to improve the department’s
334 ability to meet the needs of veterans which would effectively
335 address the challenges that veterans face when separating from
336 military service and seeking a license for a profession or
337 occupation regulated by the department pursuant to chapter 493.
338 Section 8. (1) The Department of Highway Safety and Motor
339 Vehicles and the Department of Military Affairs shall jointly
340 conduct a pilot program to provide onsite commercial motor
341 vehicle driver license testing opportunities to qualified
342 members of the Florida National Guard pursuant to the Department
343 of Highway Safety and Motor Vehicles commercial motor vehicle
344 driver license skills test waiver under s. 322.12, Florida
345 Statutes. Testing must be held at a Florida National Guard
346 Armory, a Florida United States Armed Forces Reserve Center, or
347 the Camp Blanding Joint Training Center. The pilot program shall
348 be accomplished using existing funds appropriated to each
349 department.
350 (2) By June 30, 2017, the Department of Highway Safety and
351 Motor Vehicles and the Department of Military Affairs shall
352 jointly submit a report on the results of the pilot program to
353 the President of the Senate and the Speaker of the House of
354 Representatives.
355 (3) This section is repealed October 1, 2017, and shall not
356 be codified in the Florida Statutes.
357 Section 9. Military and Overseas Voting Assistance Task
358 Force.—The Military and Overseas Voting Assistance Task Force, a
359 task force as defined in s. 20.03, Florida Statutes, is created
360 within the Department of State. The task force is created for
361 the express purpose of studying issues involving the development
362 and implementation of an online voting system that allows absent
363 uniformed services voters who are overseas to electronically
364 submit voted ballots.
365 (1) The task force is composed of 11 members, as follows:
366 (a) The Secretary of State or his or her designee, who
367 shall serve as chair of the task force.
368 (b) The Adjutant General or his or her designee.
369 (c) The executive director of the Agency for State
370 Technology or his or her designee.
371 (d) One member of the Senate appointed by the President of
372 the Senate.
373 (e) One member of the House of Representatives appointed by
374 the Speaker of the House of Representatives.
375 (f) Three supervisors of elections appointed by the Florida
376 State Association of Supervisors of Elections.
377 (g) Three individuals appointed by the Secretary of State,
378 with relevant expertise in computers, the Internet, or other
379 associated technologies.
380 (2) Members of the task force shall serve without
381 compensation, but are entitled to reimbursement for per diem and
382 travel expenses pursuant to s. 112.061, Florida Statutes.
383 (3) The task force, at a minimum, shall study and report on
384 the following issues:
385 (a) Any factor that limits the ability of absent uniformed
386 services voters who are overseas to request, receive, and return
387 absentee ballots within the current statutory time period for
388 casting absentee ballots.
389 (b) The costs associated with the development and
390 implementation of an online voting system.
391 (c) The feasibility of absent uniformed services voters who
392 are overseas using an online voting system to electronically
393 submit a voted ballot.
394 (d) The security of electronically submitting a voted
395 ballot through an online voting system.
396 (e) Procedures adopted by other states to facilitate
397 greater electoral participation among absent uniformed services
398 voters who are overseas.
399 (4) The Secretary of State shall submit a report to the
400 Governor, the President of the Senate, and the Speaker of the
401 House of Representatives by July 1, 2017, containing the task
402 force’s recommendation concerning whether the state should
403 pursue the development and implementation of an online voting
404 system that allows absent uniformed services voters who are
405 overseas to electronically submit voted ballots. If the task
406 force favorably recommends an online voting system, the report
407 must include recommended steps for developing and implementing
408 such a system. Upon submission of the report, the task force
409 shall expire.
410 (5) The Division of Elections of the Department of State
411 shall provide support staff for the task force. The Agency for
412 State Technology shall assist the task force upon request.
413 Section 10. This act shall take effect July 1, 2016.