Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 438
Ì870798dÎ870798
LEGISLATIVE ACTION
Senate . House
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The Committee on Military and Veterans Affairs, Space, and
Domestic Security (Burgess) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (20) of section
6 61.703, Florida Statutes, is amended to read:
7 61.703 Definitions.—As used in this part:
8 (20) “Uniformed service” means any of the following:
9 (a) Active and reserve components of the Army, Navy, Air
10 Force, Marine Corps, Space Force, or Coast Guard of the United
11 States.
12 Section 2. Subsection (1) of section 92.51, Florida
13 Statutes, is amended to read:
14 92.51 Oaths, affidavits, and acknowledgments; taken or
15 administered by commissioned officer of United States Armed
16 Forces.—
17 (1) Oaths, affidavits, and acknowledgments required or
18 authorized by the laws of this state may be taken or
19 administered within or without the United States by or before
20 any commissioned officer in active service of the Armed Forces
21 of the United States with the rank of second lieutenant or
22 higher in the Army, Air Force, Space Force, or Marine Corps or
23 ensign or higher in the Navy or Coast Guard when the person
24 required or authorized to make and execute the oath, affidavit,
25 or acknowledgment is a member of the Armed Forces of the United
26 States, the spouse of such member or a person whose duties
27 require the person’s presence with the Armed Forces of the
28 United States.
29 Section 3. Subsection (42) of section 97.021, Florida
30 Statutes, is amended to read:
31 97.021 Definitions.—For the purposes of this code, except
32 where the context clearly indicates otherwise, the term:
33 (42) “Uniformed services” means the Army, Navy, Air Force,
34 Marine Corps, Space Force, and Coast Guard, the commissioned
35 corps of the Public Health Service, and the commissioned corps
36 of the National Oceanic and Atmospheric Administration.
37 Section 4. Section 115.01, Florida Statutes, is amended to
38 read:
39 115.01 Leave of absence for military service.—Any county or
40 state official of the state, subject to the provisions and
41 conditions hereinafter set forth, may be granted leave of
42 absence from his or her office, to serve in the volunteer forces
43 of the United States, or in the National Guard of any state, or
44 in the regular Army, or Navy, Air Force, Marine Corps, or Space
45 Force of the United States, when the same shall be called into
46 active service of the United States during war between the
47 United States and a foreign government.
48 Section 5. Paragraph (n) of subsection (2) of section
49 163.3175, Florida Statutes, is amended to read:
50 163.3175 Legislative findings on compatibility of
51 development with military installations; exchange of information
52 between local governments and military installations.—
53 (2) Certain major military installations, due to their
54 mission and activities, have a greater potential for
55 experiencing compatibility and coordination issues than others.
56 Consequently, this section and the provisions in s.
57 163.3177(6)(a), relating to compatibility of land development
58 with military installations, apply to specific affected local
59 governments in proximity to and in association with specific
60 military installations, as follows:
61 (n) Patrick Space Air Force Base and Cape Canaveral Space
62 Air Force Station, associated with Brevard County and Satellite
63 Beach.
64 Section 6. Paragraph (a) of subsection (4) of section
65 210.04, Florida Statutes, is amended to read:
66 210.04 Construction; exemptions; collection.—
67 (4) No tax shall be required to be paid:
68 (a) Upon cigarettes sold at post exchanges, ship service
69 stores, ship stores, slop chests, or base exchanges to members
70 of the Armed Services of the United States when such post
71 exchanges, ship service stores, or base exchanges are operated
72 under regulations of the Army, Navy, or Air Force, or Space
73 Force of the United States on military, naval, space force, or
74 air force reservations in this state or when such ship stores or
75 slop chests are operated under the regulations of the United
76 States Navy on ships of the United States Navy; however, it is
77 unlawful for anyone, including members of the Armed Services of
78 the United States, to purchase such tax-exempt cigarettes for
79 purposes of resale. Any person who resells, or offers for
80 resale, tax-exempt cigarettes purchased at post exchanges, ship
81 service stores, ship stores, slop chests, or base exchanges is
82 guilty of a violation of the cigarette tax law, punishable as
83 provided in s. 210.18(1).
84 Section 7. Subsection (4) of section 250.01, Florida
85 Statutes, is amended to read:
86 250.01 Definitions.—As used in this chapter, the term:
87 (4) “Armed forces” means the United States Army, Navy, Air
88 Force, Marine Corps, Space Force, and Coast Guard.
89 Section 8. Subsection (2) of section 250.43, Florida
90 Statutes, is amended to read:
91 250.43 Wearing of uniform and insignia of rank; penalty.—
92 (2) Every person other than an officer or enlisted person
93 of the Florida National Guard, naval militia, or marine corps of
94 this state, any other state, Puerto Rico, or the District of
95 Columbia, or of the United States Army, Navy, Marine Corps, or
96 Air Force, or Space Force, who wears the uniform of the United
97 States Army, Navy, Marine Corps, Air Force, Space Force,
98 National Guard, Naval Militia, or Marine Corps or any part of
99 such uniform, or a uniform or part of uniform similar thereto,
100 or in imitation thereof, within the bounds of the state, except
101 in cases where the wearing of such uniform is permitted by the
102 laws of the United States and the regulations of the Secretary
103 of Defense, commits a misdemeanor of the first degree,
104 punishable as provided in s. 775.082 or s. 775.083. This section
105 does not prohibit persons in the theatrical profession from
106 wearing such uniforms while actually engaged in such profession,
107 in any playhouse or theater, in a production in no way
108 reflecting upon such uniform; does not prohibit the uniform rank
109 of civic societies parading or traveling in a body or assembling
110 in a lodge room; and does not apply to cadets of any military
111 school or to Boy Scouts or Girl Scouts.
112 Section 9. Section 250.52, Florida Statutes, is amended to
113 read:
114 250.52 Unlawful to persuade citizens not to enlist;
115 penalty.—Whenever the United States is at war, or our foreign
116 relations tend to indicate an impending war or state of war, a
117 person may not solicit or persuade a citizen of the United
118 States not to enlist or serve in the Army, Air Force, Space
119 Force, Marine Corps, Coast Guard, or Navy, or in any reserve
120 component thereof, or in the Florida National Guard, or publicly
121 attempt to dissuade any such citizen from enlisting. This
122 section does not apply to the soliciting or persuading done by
123 any person related by affinity or consanguinity to the person
124 solicited or persuaded or whose advice is requested by the
125 person solicited or persuaded. Any person who violates this
126 section commits a misdemeanor of the first degree, punishable as
127 provided in s. 775.082 or s. 775.083.
128 Section 10. Paragraph (b) of subsection (1) of section
129 295.061, Florida Statutes, is amended to read:
130 295.061 Active duty servicemembers; death benefits.—
131 (1) As used in this section, the term:
132 (b) “United States Armed Forces” means the United States
133 Army, Navy, Air Force, Marine Corps, Space Force, and Coast
134 Guard.
135 Section 11. Subsection (7) of section 296.02, Florida
136 Statutes, is amended to read:
137 296.02 Definitions.—For the purposes of this part, except
138 where the context clearly indicates otherwise:
139 (7) “Peacetime service” means Army, Navy, Marines, Coast
140 Guard, or Air Force, or Space Force service that is not during a
141 wartime era as defined in s. 1.01(14).
142 Section 12. Subsection (1) of section 331.304, Florida
143 Statutes, is amended to read:
144 331.304 Spaceport territory.—The following property shall
145 constitute spaceport territory:
146 (1) Certain real property located in Brevard County that is
147 included within the 1998 boundaries of Patrick Space Force Base,
148 formerly Patrick Air Force Base; Cape Canaveral Space Force
149 Station, formerly Cape Canaveral Air Force Station;, or John F.
150 Kennedy Space Center. The territory consisting of areas within
151 the John F. Kennedy Space Center and the Cape Canaveral Space
152 Air Force Station may be referred to as the “Cape Canaveral
153 Spaceport.”
154 Section 13. Subsection (3) of section 461.002, Florida
155 Statutes, is amended to read:
156 461.002 Exceptions.—
157 (3) This chapter shall not apply to the practice of
158 podiatric medicine by graduate podiatric physicians in the
159 United States Army, Air Force, Space Force, Marines, Navy,
160 Public Health Service, Coast Guard, or United States Department
161 of Veterans Affairs in the discharge of their official duties.
162 Section 14. Subsection (3) of section 466.002, Florida
163 Statutes, is amended to read:
164 466.002 Persons exempt from operation of chapter.—Nothing
165 in this chapter shall apply to the following practices, acts,
166 and operations:
167 (3) The practice of dentistry in the discharge of their
168 official duties by graduate dentists or dental surgeons in the
169 United States Army, Air Force, Space Force, Marines, Navy,
170 Public Health Service, Coast Guard, or United States Department
171 of Veterans Affairs.
172 Section 15. Subsection (6) of section 496.415, Florida
173 Statutes, is amended to read:
174 496.415 Prohibited acts.—It is unlawful for any person in
175 connection with the planning, conduct, or execution of any
176 solicitation or charitable or sponsor sales promotion to:
177 (6) Falsely state that he or she is a member of or
178 represents a charitable organization or sponsor, or falsely
179 state or represent that he or she is a member of or represents
180 the United States Air Force, United States Army, United States
181 Coast Guard, United States Marine Corps, United States Navy,
182 United States Space Force, the National Guard, or a law
183 enforcement or emergency service organization.
184 Section 16. Subsection (3) of section 540.08, Florida
185 Statutes, is amended to read:
186 540.08 Unauthorized publication of name or likeness.—
187 (3) If a person uses the name, portrait, photograph, or
188 other likeness of a member of the armed forces without obtaining
189 the consent required in subsection (1) and such use is not
190 subject to any exception listed in this section, a court may
191 impose a civil penalty of up to $1,000 per violation in addition
192 to the civil remedies contained in subsection (2). Each
193 commercial transaction constitutes a violation under this
194 section. As used in this section, the term “member of the armed
195 forces” means an officer or enlisted member of the Army, Navy,
196 Air Force, Marine Corps, Space Force, or Coast Guard of the
197 United States, the Florida National Guard, and the United States
198 Reserve Forces, including any officer or enlisted member who
199 died as a result of injuries sustained in the line of duty.
200 Section 17. Subsection (1) of section 695.031, Florida
201 Statutes, is amended to read:
202 695.031 Affidavits and acknowledgments by members of armed
203 forces and their spouses.—
204 (1) In addition to the manner, form and proof of
205 acknowledgment of instruments as now provided by law, any person
206 serving in or with the Armed Forces of the United States,
207 including the Army, Navy, Air Force, Marine Corps, Space Force,
208 Coast Guard, or any component or any arm or service of any
209 thereof, including any female auxiliary of any thereof, and any
210 person whose duties require his or her presence with the Armed
211 Forces of the United States, as herein designated, or otherwise
212 designated by law or military or naval command, may acknowledge
213 any instrument, wherever located, either within or without the
214 state, or without the United States, before any commissioned
215 officer in active service of the Armed Forces of the United
216 States, as herein designated, or otherwise designated by law, or
217 military or naval command, or order, with the rank of second
218 lieutenant or higher in the Army, Air Force, Space Force, or
219 Marine Corps, or of any component or any arm or service of
220 either thereof, including any female auxiliary of any thereof,
221 or ensign or higher in the Navy or United States Coast Guard, or
222 of any component or any arm or service of either thereof,
223 including any female auxiliary of any thereof.
224 Section 18. Subsection (4) of section 718.113, Florida
225 Statutes, is amended to read:
226 718.113 Maintenance; limitation upon improvement; display
227 of flag; hurricane shutters and protection; display of religious
228 decorations.—
229 (4) Any unit owner may display one portable, removable
230 United States flag in a respectful way and, on Armed Forces Day,
231 Memorial Day, Flag Day, Independence Day, and Veterans Day, may
232 display in a respectful way portable, removable official flags,
233 not larger than 4 1/2 feet by 6 feet, that represent the United
234 States Army, Navy, Air Force, Marine Corps, Space Force, or
235 Coast Guard, regardless of any declaration rules or requirements
236 dealing with flags or decorations.
237 Section 19. Paragraph (a) of subsection (2) of section
238 720.304, Florida Statutes, is amended to read:
239 720.304 Right of owners to peaceably assemble; display of
240 flag; SLAPP suits prohibited.—
241 (2)(a) Any homeowner may display one portable, removable
242 United States flag or official flag of the State of Florida in a
243 respectful manner, and one portable, removable official flag, in
244 a respectful manner, not larger than 4 1/2 feet by 6 feet, which
245 represents the United States Army, Navy, Air Force, Marine
246 Corps, Space Force, or Coast Guard, or a POW-MIA flag,
247 regardless of any covenants, restrictions, bylaws, rules, or
248 requirements of the association.
249 Section 20. Subsection (3) of section 790.25, Florida
250 Statutes, is amended to read:
251 790.25 Lawful ownership, possession, and use of firearms
252 and other weapons.—
253 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
254 do not apply in the following instances, and, despite such
255 sections, it is lawful for the following persons to own,
256 possess, and lawfully use firearms and other weapons,
257 ammunition, and supplies for lawful purposes:
258 (a) Members of the Militia, National Guard, Florida State
259 Defense Force, Army, Navy, Air Force, Marine Corps, Space Force,
260 Coast Guard, organized reserves, and other armed forces of the
261 state and of the United States, when on duty, when training or
262 preparing themselves for military duty, or while subject to
263 recall or mobilization;
264 (b) Citizens of this state subject to duty in the Armed
265 Forces under s. 2, Art. X of the State Constitution, under
266 chapters 250 and 251, and under federal laws, when on duty or
267 when training or preparing themselves for military duty;
268 (c) Persons carrying out or training for emergency
269 management duties under chapter 252;
270 (d) Sheriffs, marshals, prison or jail wardens, police
271 officers, Florida highway patrol officers, game wardens, revenue
272 officers, forest officials, special officers appointed under the
273 provisions of chapter 354, and other peace and law enforcement
274 officers and their deputies and assistants and full-time paid
275 peace officers of other states and of the Federal Government who
276 are carrying out official duties while in this state;
277 (e) Officers or employees of the state or United States
278 duly authorized to carry a concealed weapon;
279 (f) Guards or messengers of common carriers, express
280 companies, armored car carriers, mail carriers, banks, and other
281 financial institutions, while actually employed in and about the
282 shipment, transportation, or delivery of any money, treasure,
283 bullion, bonds, or other thing of value within this state;
284 (g) Regularly enrolled members of any organization duly
285 authorized to purchase or receive weapons from the United States
286 or from this state, or regularly enrolled members of clubs
287 organized for target, skeet, or trap shooting, while at or going
288 to or from shooting practice; or regularly enrolled members of
289 clubs organized for modern or antique firearms collecting, while
290 such members are at or going to or from their collectors’ gun
291 shows, conventions, or exhibits;
292 (h) A person engaged in fishing, camping, or lawful hunting
293 or going to or returning from a fishing, camping, or lawful
294 hunting expedition;
295 (i) A person engaged in the business of manufacturing,
296 repairing, or dealing in firearms, or the agent or
297 representative of any such person while engaged in the lawful
298 course of such business;
299 (j) A person firing weapons for testing or target practice
300 under safe conditions and in a safe place not prohibited by law
301 or going to or from such place;
302 (k) A person firing weapons in a safe and secure indoor
303 range for testing and target practice;
304 (l) A person traveling by private conveyance when the
305 weapon is securely encased or in a public conveyance when the
306 weapon is securely encased and not in the person’s manual
307 possession;
308 (m) A person while carrying a pistol unloaded and in a
309 secure wrapper, concealed or otherwise, from the place of
310 purchase to his or her home or place of business or to a place
311 of repair or back to his or her home or place of business;
312 (n) A person possessing arms at his or her home or place of
313 business;
314 (o) Investigators employed by the several public defenders
315 of the state, while actually carrying out official duties,
316 provided such investigators:
317 1. Are employed full time;
318 2. Meet the official training standards for firearms
319 established by the Criminal Justice Standards and Training
320 Commission as provided in s. 943.12(5) and the requirements of
321 ss. 493.6108(1)(a) and 943.13(1)-(4); and
322 3. Are individually designated by an affidavit of consent
323 signed by the employing public defender and filed with the clerk
324 of the circuit court in the county in which the employing public
325 defender resides.
326 (p) Investigators employed by the capital collateral
327 regional counsel, while actually carrying out official duties,
328 provided such investigators:
329 1. Are employed full time;
330 2. Meet the official training standards for firearms as
331 established by the Criminal Justice Standards and Training
332 Commission as provided in s. 943.12(1) and the requirements of
333 ss. 493.6108(1)(a) and 943.13(1)-(4); and
334 3. Are individually designated by an affidavit of consent
335 signed by the capital collateral regional counsel and filed with
336 the clerk of the circuit court in the county in which the
337 investigator is headquartered.
338 (q)1. A tactical medical professional who is actively
339 operating in direct support of a tactical operation by a law
340 enforcement agency provided that:
341 a. The tactical medical professional is lawfully able to
342 possess firearms and has an active concealed weapons permit
343 issued pursuant to s. 790.06.
344 b. The tactical medical professional is appointed to a law
345 enforcement tactical team of a law enforcement agency by the
346 head of the law enforcement agency.
347 c. The law enforcement agency has an established policy
348 providing for the appointment, training, and deployment of the
349 tactical medical professional.
350 d. The tactical medical professional successfully completes
351 a firearms safety training and tactical training as established
352 or designated by the appointing law enforcement agency.
353 e. The law enforcement agency provides and the tactical
354 medical professional participates in annual firearm training and
355 tactical training.
356 2. While actively operating in direct support of a tactical
357 operation by a law enforcement agency, a tactical medical
358 professional:
359 a. May carry a firearm in the same manner as a law
360 enforcement officer, as defined in s. 943.10 and,
361 notwithstanding any other law, at any place a tactical law
362 enforcement operation occurs.
363 b. Has no duty to retreat and is justified in the use of
364 any force which he or she reasonably believes is necessary to
365 defend himself or herself or another from bodily harm.
366 c. Has the same immunities and privileges as a law
367 enforcement officer, as defined in s. 943.10, in a civil or
368 criminal action arising out of a tactical law enforcement
369 operation when acting within the scope of his or her official
370 duties.
371 3. This paragraph may not be construed to authorize a
372 tactical medical professional to carry, transport, or store any
373 firearm or ammunition on any fire apparatus or EMS vehicle.
374 4. The appointing law enforcement agency shall issue any
375 firearm or ammunition that the tactical medical professional
376 carries in accordance with this paragraph.
377 5. For the purposes of this paragraph, the term “tactical
378 medical professional” means a paramedic, as defined in s.
379 401.23, a physician, as defined in s. 458.305, or an osteopathic
380 physician, as defined in s. 459.003, who is appointed to provide
381 direct support to a tactical law enforcement unit by providing
382 medical services at high-risk incidents, including, but not
383 limited to, hostage incidents, narcotics raids, hazardous
384 surveillance, sniper incidents, armed suicidal persons,
385 barricaded suspects, high-risk felony warrant service, fugitives
386 refusing to surrender, and active shooter incidents.
387 Section 21. Paragraph (a) of subsection (1) of section
388 817.312, Florida Statutes, is amended to read:
389 817.312 Unlawful use of uniforms, medals, or insignia.—
390 (1)(a) A person may not:
391 1. Misrepresent himself or herself as a member or veteran
392 of the United States Air Force, United States Army, United
393 States Coast Guard, United States Marine Corps, United States
394 Navy, United States Space Force, or National Guard; or
395 2. Wear the uniform of or any medal or insignia authorized
396 for use by members or veterans of the United States Air Force,
397 United States Army, United States Coast Guard, United States
398 Marine Corps, United States Navy, or the National Guard which he
399 or she is not authorized to wear
400
401 while soliciting for charitable contributions or for the purpose
402 of material gain, including, but not limited to, obtaining
403 employment or public office resulting in receiving compensation.
404 Section 22. Contingent upon SB 430 or similar legislation
405 extending the repeal date of the Interstate Compact on
406 Educational Opportunity for Military Children taking effect,
407 section 1000.36, Florida Statutes, is amended to read:
408 1000.36 Interstate Compact on Educational Opportunity for
409 Military Children.—The Governor is authorized and directed to
410 execute the Interstate Compact on Educational Opportunity for
411 Military Children on behalf of this state with any other state
412 or states legally joining therein in the form substantially as
413 follows:
414
415 Interstate Compact on Educational
416 Opportunity for Military Children
417
418 ARTICLE I
419
420 PURPOSE.—It is the purpose of this compact to remove
421 barriers to educational success imposed on children of military
422 families because of frequent moves and deployment of their
423 parents by:
424 A. Facilitating the timely enrollment of children of
425 military families and ensuring that they are not placed at a
426 disadvantage due to difficulty in the transfer of education
427 records from the previous school district or variations in
428 entrance or age requirements.
429 B. Facilitating the student placement process through which
430 children of military families are not disadvantaged by
431 variations in attendance requirements, scheduling, sequencing,
432 grading, course content, or assessment.
433 C. Facilitating the qualification and eligibility for
434 enrollment, educational programs, and participation in
435 extracurricular academic, athletic, and social activities.
436 D. Facilitating the on-time graduation of children of
437 military families.
438 E. Providing for the adoption and enforcement of
439 administrative rules implementing this compact.
440 F. Providing for the uniform collection and sharing of
441 information between and among member states, schools, and
442 military families under this compact.
443 G. Promoting coordination between this compact and other
444 compacts affecting military children.
445 H. Promoting flexibility and cooperation between the
446 educational system, parents, and the student in order to achieve
447 educational success for the student.
448
449 ARTICLE II
450
451 DEFINITIONS.—As used in this compact, unless the context
452 clearly requires a different construction, the term:
453 A. “Active duty” means the full-time duty status in the
454 active uniformed service of the United States, including members
455 of the National Guard and Reserve on active duty orders pursuant
456 to 10 U.S.C. ss. 1209 and 1211.
457 B. “Children of military families” means school-aged
458 children, enrolled in kindergarten through 12th grade, in the
459 household of an active-duty member.
460 C. “Compact commissioner” means the voting representative
461 of each compacting state appointed under Article VIII of this
462 compact.
463 D. “Deployment” means the period 1 month before the service
464 members’ departure from their home station on military orders
465 through 6 months after return to their home station.
466 E. “Educational records” or “education records” means those
467 official records, files, and data directly related to a student
468 and maintained by the school or local education agency,
469 including, but not limited to, records encompassing all the
470 material kept in the student’s cumulative folder such as general
471 identifying data, records of attendance and of academic work
472 completed, records of achievement and results of evaluative
473 tests, health data, disciplinary status, test protocols, and
474 individualized education programs.
475 F. “Extracurricular activities” means a voluntary activity
476 sponsored by the school or local education agency or an
477 organization sanctioned by the local education agency.
478 Extracurricular activities include, but are not limited to,
479 preparation for and involvement in public performances,
480 contests, athletic competitions, demonstrations, displays, and
481 club activities.
482 G. “Interstate Commission on Educational Opportunity for
483 Military Children” means the commission that is created under
484 Article IX of this compact, which is generally referred to as
485 the Interstate Commission.
486 H. “Local education agency” means a public authority
487 legally constituted by the state as an administrative agency to
488 provide control of, and direction for, kindergarten through 12th
489 grade public educational institutions.
490 I. “Member state” means a state that has enacted this
491 compact.
492 J. “Military installation” means a base, camp, post,
493 station, yard, center, homeport facility for any ship, or other
494 activity under the jurisdiction of the Department of Defense,
495 including any leased facility, which is located within any of
496 the several states, the District of Columbia, the Commonwealth
497 of Puerto Rico, the United States Virgin Islands, Guam, American
498 Samoa, the Northern Mariana Islands, and any other United States
499 Territory. The term does not include any facility used primarily
500 for civil works, rivers and harbors projects, or flood control
501 projects.
502 K. “Nonmember state” means a state that has not enacted
503 this compact.
504 L. “Receiving state” means the state to which a child of a
505 military family is sent, brought, or caused to be sent or
506 brought.
507 M. “Rule” means a written statement by the Interstate
508 Commission adopted under Article XII of this compact which is of
509 general applicability, implements, interprets, or prescribes a
510 policy or provision of the compact, or an organizational,
511 procedural, or practice requirement of the Interstate
512 Commission, and has the force and effect of statutory law in a
513 member state, and includes the amendment, repeal, or suspension
514 of an existing rule.
515 N. “Sending state” means the state from which a child of a
516 military family is sent, brought, or caused to be sent or
517 brought.
518 O. “State” means a state of the United States, the District
519 of Columbia, the Commonwealth of Puerto Rico, the United States
520 Virgin Islands, Guam, American Samoa, the Northern Mariana
521 Islands, and any other United States Territory.
522 P. “Student” means the child of a military family for whom
523 the local education agency receives public funding and who is
524 formally enrolled in kindergarten through 12th grade.
525 Q. “Transition” means:
526 1. The formal and physical process of transferring from
527 school to school; or
528 2. The period of time in which a student moves from one
529 school in the sending state to another school in the receiving
530 state.
531 R. “Uniformed services” means the Army, Navy, Air Force,
532 Space Force, Marine Corps, Coast Guard as well as the
533 Commissioned Corps of the National Oceanic and Atmospheric
534 Administration, and Public Health Services.
535 S. “Veteran” means a person who served in the uniformed
536 services and who was discharged or released therefrom under
537 conditions other than dishonorable.
538
539 ARTICLE III
540
541 APPLICABILITY.—
542 A. Except as otherwise provided in Section C, this compact
543 applies to the children of:
544 1. Active duty members of the uniformed services, including
545 members of the National Guard and Reserve on active-duty orders
546 pursuant to 10 U.S.C. ss. 1209 and 1211;
547 2. Members or veterans of the uniformed services who are
548 severely injured and medically discharged or retired for a
549 period of 1 year after medical discharge or retirement; and
550 3. Members of the uniformed services who die on active duty
551 or as a result of injuries sustained on active duty for a period
552 of 1 year after death.
553 B. This interstate compact applies to local education
554 agencies.
555 C. This compact does not apply to the children of:
556 1. Inactive members of the National Guard and military
557 reserves;
558 2. Members of the uniformed services now retired, except as
559 provided in Section A;
560 3. Veterans of the uniformed services, except as provided
561 in Section A; and
562 4. Other United States Department of Defense personnel and
563 other federal agency civilian and contract employees not defined
564 as active-duty members of the uniformed services.
565
566 ARTICLE IV
567
568 EDUCATIONAL RECORDS AND ENROLLMENT.—
569 A. If a child’s official education records cannot be
570 released to the parents for the purpose of transfer, the
571 custodian of the records in the sending state shall prepare and
572 furnish to the parent a complete set of unofficial educational
573 records containing uniform information as determined by the
574 Interstate Commission. Upon receipt of the unofficial education
575 records by a school in the receiving state, that school shall
576 enroll and appropriately place the student based on the
577 information provided in the unofficial records pending
578 validation by the official records, as quickly as possible.
579 B. Simultaneous with the enrollment and conditional
580 placement of the student, the school in the receiving state
581 shall request the student’s official education record from the
582 school in the sending state. Upon receipt of the request, the
583 school in the sending state shall process and furnish the
584 official education records to the school in the receiving state
585 within 10 days or within such time as is reasonably determined
586 under the rules adopted by the Interstate Commission.
587 C. Compact states must give 30 days from the date of
588 enrollment or within such time as is reasonably determined under
589 the rules adopted by the Interstate Commission for students to
590 obtain any immunization required by the receiving state. For a
591 series of immunizations, initial vaccinations must be obtained
592 within 30 days or within such time as is reasonably determined
593 under the rules promulgated by the Interstate Commission.
594 D. Students shall be allowed to continue their enrollment
595 at grade level in the receiving state commensurate with their
596 grade level, including kindergarten, from a local education
597 agency in the sending state at the time of transition,
598 regardless of age. A student who has satisfactorily completed
599 the prerequisite grade level in the local education agency in
600 the sending state is eligible for enrollment in the next highest
601 grade level in the receiving state, regardless of age. A student
602 transferring after the start of the school year in the receiving
603 state shall enter the school in the receiving state on their
604 validated level from an accredited school in the sending state.
605
606 ARTICLE V
607
608 PLACEMENT AND ATTENDANCE.—
609 A. If a student transfers before or during the school year,
610 the receiving state school shall initially honor placement of
611 the student in educational courses based on the student’s
612 enrollment in the sending state school or educational
613 assessments conducted at the school in the sending state if the
614 courses are offered. Course placement includes, but is not
615 limited to, Honors, International Baccalaureate, Advanced
616 Placement, vocational, technical, and career pathways courses.
617 Continuing the student’s academic program from the previous
618 school and promoting placement in academically and career
619 challenging courses should be paramount when considering
620 placement. A school in the receiving state is not precluded from
621 performing subsequent evaluations to ensure appropriate
622 placement and continued enrollment of the student in the
623 courses.
624 B. The receiving state school must initially honor
625 placement of the student in educational programs based on
626 current educational assessments conducted at the school in the
627 sending state or participation or placement in like programs in
628 the sending state. Such programs include, but are not limited
629 to:
630 1. Gifted and talented programs; and
631 2. English as a second language (ESL).
632
633 A school in the receiving state is not precluded from performing
634 subsequent evaluations to ensure appropriate placement and
635 continued enrollment of the student in the courses.
636 C. A receiving state must initially provide comparable
637 services to a student with disabilities based on his or her
638 current individualized education program (IEP) in compliance
639 with the requirements of the Individuals with Disabilities
640 Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
641 state must make reasonable accommodations and modifications to
642 address the needs of incoming students with disabilities,
643 subject to an existing section 504 or title II plan, to provide
644 the student with equal access to education, in compliance with
645 the provisions of Section 504 of the Rehabilitation Act, 29
646 U.S.C.A. s. 794, and with title II of the Americans with
647 Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
648 receiving state is not precluded from performing subsequent
649 evaluations to ensure appropriate placement and continued
650 enrollment of the student in the courses.
651 D. Local education agency administrative officials may
652 waive course or program prerequisites, or other preconditions
653 for placement in courses or programs offered under the
654 jurisdiction of the local education agency.
655 E. A student whose parent or legal guardian is an active
656 duty member of the uniformed services and has been called to
657 duty for, is on leave from, or immediately returned from
658 deployment to, a combat zone or combat support posting shall be
659 granted additional excused absences at the discretion of the
660 local education agency superintendent to visit with his or her
661 parent or legal guardian relative to such leave or deployment of
662 the parent or guardian.
663
664 ARTICLE VI
665
666 ELIGIBILITY.—
667 A. When considering the eligibility of a child for
668 enrolling in a school:
669 1. A special power of attorney relative to the guardianship
670 of a child of a military family and executed under applicable
671 law is sufficient for the purposes of enrolling the child in
672 school and for all other actions requiring parental
673 participation and consent.
674 2. A local education agency is prohibited from charging
675 local tuition to a transitioning military child placed in the
676 care of a noncustodial parent or other person standing in loco
677 parentis who lives in a school’s jurisdiction different from
678 that of the custodial parent.
679 3. A transitioning military child, placed in the care of a
680 noncustodial parent or other person standing in loco parentis
681 who lives in a school’s jurisdiction different from that of the
682 custodial parent, may continue to attend the school in which he
683 or she was enrolled while residing with the custodial parent.
684 B. State and local education agencies must facilitate the
685 opportunity for transitioning military children’s inclusion in
686 extracurricular activities, regardless of application deadlines,
687 to the extent they are otherwise qualified.
688
689 ARTICLE VII
690
691 GRADUATION.—In order to facilitate the on-time graduation
692 of children of military families, states and local education
693 agencies shall incorporate the following procedures:
694 A. Local education agency administrative officials shall
695 waive specific courses required for graduation if similar
696 coursework has been satisfactorily completed in another local
697 education agency or shall provide reasonable justification for
698 denial. If a waiver is not granted to a student who would
699 qualify to graduate from the sending school, the local education
700 agency must provide an alternative means of acquiring required
701 coursework so that graduation may occur on time.
702 B. States shall accept exit or end-of-course exams required
703 for graduation from the sending state; national norm-referenced
704 achievement tests; or alternative testing, in lieu of testing
705 requirements for graduation in the receiving state. If these
706 alternatives cannot be accommodated by the receiving state for a
707 student transferring in his or her senior year, then the
708 provisions of Article VII, Section C shall apply.
709 C. If a military student transfers at the beginning of or
710 during his or her senior year and is not eligible to graduate
711 from the receiving local education agency after all alternatives
712 have been considered, the sending and receiving local education
713 agencies must ensure the receipt of a diploma from the sending
714 local education agency, if the student meets the graduation
715 requirements of the sending local education agency. If one of
716 the states in question is not a member of this compact, the
717 member state shall use its best efforts to facilitate the on
718 time graduation of the student in accordance with Sections A and
719 B of this Article.
720
721 ARTICLE VIII
722
723 STATE COORDINATION.—Each member state shall, through the
724 creation of a state council or use of an existing body or board,
725 provide for the coordination among its agencies of government,
726 local education agencies, and military installations concerning
727 the state’s participation in, and compliance with, this compact
728 and Interstate Commission activities.
729 A. Each member state may determine the membership of its
730 own state council, but the membership must include at least: the
731 state superintendent of education, the superintendent of a
732 school district that has a high concentration of military
733 children, a representative from a military installation, one
734 representative each from the legislative and executive branches
735 of government, and other offices and stakeholder groups the
736 state council deems appropriate. A member state that does not
737 have a school district deemed to contain a high concentration of
738 military children may appoint a superintendent from another
739 school district to represent local education agencies on the
740 state council.
741 B. The state council of each member state shall appoint or
742 designate a military family education liaison to assist military
743 families and the state in facilitating the implementation of
744 this compact.
745 C. The compact commissioner responsible for the
746 administration and management of the state’s participation in
747 the compact shall be appointed by the Governor or as otherwise
748 determined by each member state.
749 D. The compact commissioner and the military family
750 education liaison shall be ex officio members of the state
751 council, unless either is already a full voting member of the
752 state council.
753
754 ARTICLE IX
755
756 INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
757 MILITARY CHILDREN.—The member states hereby create the
758 “Interstate Commission on Educational Opportunity for Military
759 Children.” The activities of the Interstate Commission are the
760 formation of public policy and are a discretionary state
761 function. The Interstate Commission shall:
762 A. Be a body corporate and joint agency of the member
763 states and shall have all the responsibilities, powers, and
764 duties set forth herein, and such additional powers as may be
765 conferred upon it by a subsequent concurrent action of the
766 respective legislatures of the member states in accordance with
767 the terms of this compact.
768 B. Consist of one Interstate Commission voting
769 representative from each member state who shall be that state’s
770 compact commissioner.
771 1. Each member state represented at a meeting of the
772 Interstate Commission is entitled to one vote.
773 2. A majority of the total member states shall constitute a
774 quorum for the transaction of business, unless a larger quorum
775 is required by the bylaws of the Interstate Commission.
776 3. A representative shall not delegate a vote to another
777 member state. In the event the compact commissioner is unable to
778 attend a meeting of the Interstate Commission, the Governor or
779 state council may delegate voting authority to another person
780 from their state for a specified meeting.
781 4. The bylaws may provide for meetings of the Interstate
782 Commission to be conducted by telecommunication or electronic
783 communication.
784 C. Consist of ex officio, nonvoting representatives who are
785 members of interested organizations. The ex officio members, as
786 defined in the bylaws, may include, but not be limited to,
787 members of the representative organizations of military family
788 advocates, local education agency officials, parent and teacher
789 groups, the United States Department of Defense, the Education
790 Commission of the States, the Interstate Agreement on the
791 Qualification of Educational Personnel, and other interstate
792 compacts affecting the education of children of military
793 members.
794 D. Meet at least once each calendar year. The chairperson
795 may call additional meetings and, upon the request of a simple
796 majority of the member states, shall call additional meetings.
797 E. Establish an executive committee, whose members shall
798 include the officers of the Interstate Commission and such other
799 members of the Interstate Commission as determined by the
800 bylaws. Members of the executive committee shall serve a 1-year
801 term. Members of the executive committee are entitled to one
802 vote each. The executive committee shall have the power to act
803 on behalf of the Interstate Commission, with the exception of
804 rulemaking, during periods when the Interstate Commission is not
805 in session. The executive committee shall oversee the day-to-day
806 activities of the administration of the compact, including
807 enforcement and compliance with the compact, its bylaws and
808 rules, and other such duties as deemed necessary. The United
809 States Department of Defense shall serve as an ex officio,
810 nonvoting member of the executive committee.
811 F. The Interstate Commission shall collect standardized
812 data concerning the educational transition of the children of
813 military families under this compact as directed through its
814 rules which shall specify the data to be collected, the means of
815 collection and data exchange, and reporting requirements. The
816 methods of data collection, exchange, and reporting shall,
817 insofar as is reasonably possible, conform to current technology
818 and coordinate its information functions with the appropriate
819 custodian of records as identified in the bylaws and rules.
820 G. The Interstate Commission shall create a procedure that
821 permits military officials, education officials, and parents to
822 inform the Interstate Commission if and when there are alleged
823 violations of the compact or its rules or when issues subject to
824 the jurisdiction of the compact or its rules are not addressed
825 by the state or local education agency. This section does not
826 create a private right of action against the Interstate
827 Commission or any member state.
828
829 ARTICLE X
830
831 POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The
832 Interstate Commission has the power to:
833 A. Provide for dispute resolution among member states.
834 B. Adopt rules and take all necessary actions to effect the
835 goals, purposes, and obligations as enumerated in this compact.
836 The rules have the force and effect of statutory law and are
837 binding in the compact states to the extent and in the manner
838 provided in this compact.
839 C. Issue, upon request of a member state, advisory opinions
840 concerning the meaning or interpretation of the interstate
841 compact, its bylaws, rules, and actions.
842 D. Enforce compliance with the compact provisions, the
843 rules adopted by the Interstate Commission, and the bylaws,
844 using all necessary and proper means, including, but not limited
845 to, the use of judicial process.
846 E. Establish and maintain offices that shall be located
847 within one or more of the member states.
848 F. Purchase and maintain insurance and bonds.
849 G. Borrow, accept, hire, or contract for services of
850 personnel.
851 H. Establish and appoint committees, including, but not
852 limited to, an executive committee as required by Article IX,
853 Section E, which shall have the power to act on behalf of the
854 Interstate Commission in carrying out its powers and duties
855 hereunder.
856 I. Elect or appoint such officers, attorneys, employees,
857 agents, or consultants, and to fix their compensation, define
858 their duties, and determine their qualifications; and to
859 establish the Interstate Commission’s personnel policies and
860 programs relating to conflicts of interest, rates of
861 compensation, and qualifications of personnel.
862 J. Accept any and all donations and grants of money,
863 equipment, supplies, materials, and services, and to receive,
864 utilize, and dispose of it.
865 K. Lease, purchase, accept contributions or donations of,
866 or otherwise to own, hold, improve, or use any property, real,
867 personal, or mixed.
868 L. Sell, convey, mortgage, pledge, lease, exchange,
869 abandon, or otherwise dispose of any property, real, personal,
870 or mixed.
871 M. Establish a budget and make expenditures.
872 N. Adopt a seal and bylaws governing the management and
873 operation of the Interstate Commission.
874 O. Report annually to the legislatures, governors,
875 judiciary, and state councils of the member states concerning
876 the activities of the Interstate Commission during the preceding
877 year. Such reports shall also include any recommendations that
878 may have been adopted by the Interstate Commission.
879 P. Coordinate education, training, and public awareness
880 regarding the compact, its implementation, and operation for
881 officials and parents involved in such activity.
882 Q. Establish uniform standards for the reporting,
883 collecting, and exchanging of data.
884 R. Maintain corporate books and records in accordance with
885 the bylaws.
886 S. Perform such functions as may be necessary or
887 appropriate to achieve the purposes of this compact.
888 T. Provide for the uniform collection and sharing of
889 information between and among member states, schools, and
890 military families under this compact.
891
892 ARTICLE XI
893
894 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.—
895 A. The Interstate Commission shall, by a majority of the
896 members present and voting, within 12 months after the first
897 Interstate Commission meeting, adopt bylaws to govern its
898 conduct as may be necessary or appropriate to carry out the
899 purposes of the compact, including, but not limited to:
900 1. Establishing the fiscal year of the Interstate
901 Commission;
902 2. Establishing an executive committee and such other
903 committees as may be necessary;
904 3. Providing for the establishment of committees and for
905 governing any general or specific delegation of authority or
906 function of the Interstate Commission;
907 4. Providing reasonable procedures for calling and
908 conducting meetings of the Interstate Commission and ensuring
909 reasonable notice of each such meeting;
910 5. Establishing the titles and responsibilities of the
911 officers and staff of the Interstate Commission;
912 6. Providing a mechanism for concluding the operations of
913 the Interstate Commission and the return of surplus funds that
914 may exist upon the termination of the compact after the payment
915 and reserving of all of its debts and obligations.
916 7. Providing “start up” rules for initial administration of
917 the compact.
918 B. The Interstate Commission shall, by a majority of the
919 members, elect annually from among its members a chairperson, a
920 vice chairperson, and a treasurer, each of whom shall have such
921 authority and duties as may be specified in the bylaws. The
922 chairperson or, in the chairperson’s absence or disability, the
923 vice chairperson shall preside at all meetings of the Interstate
924 Commission. The officers so elected shall serve without
925 compensation or remuneration from the Interstate Commission;
926 provided that, subject to the availability of budgeted funds,
927 the officers shall be reimbursed for ordinary and necessary
928 costs and expenses incurred by them in the performance of their
929 responsibilities as officers of the Interstate Commission.
930 C. The executive committee has the authority and duties as
931 may be set forth in the bylaws, including, but not limited to:
932 1. Managing the affairs of the Interstate Commission in a
933 manner consistent with the bylaws and purposes of the Interstate
934 Commission;
935 2. Overseeing an organizational structure within, and
936 appropriate procedures for, the Interstate Commission to provide
937 for the adoption of rules, operating procedures, and
938 administrative and technical support functions; and
939 3. Planning, implementing, and coordinating communications
940 and activities with other state, federal, and local government
941 organizations in order to advance the goals of the Interstate
942 Commission.
943 D. The executive committee may, subject to the approval of
944 the Interstate Commission, appoint or retain an executive
945 director for such period, upon such terms and conditions and for
946 such compensation, as the Interstate Commission may deem
947 appropriate. The executive director shall serve as secretary to
948 the Interstate Commission but is not a member of the Interstate
949 Commission. The executive director shall hire and supervise such
950 other persons as may be authorized by the Interstate Commission.
951 E. The Interstate Commission’s executive director and its
952 employees are immune from suit and liability, either personally
953 or in their official capacity, for a claim for damage to or loss
954 of property or personal injury or other civil liability caused
955 or arising out of, or relating to, an actual or alleged act,
956 error, or omission that occurred, or that such person had a
957 reasonable basis for believing occurred, within the scope of
958 Interstate Commission employment, duties, or responsibilities,
959 provided that the person is not protected from suit or liability
960 for damage, loss, injury, or liability caused by the intentional
961 or willful and wanton misconduct of the person.
962 1. The liability of the Interstate Commission’s executive
963 director and employees or Interstate Commission representatives,
964 acting within the scope of the person’s employment or duties,
965 for acts, errors, or omissions occurring within the person’s
966 state may not exceed the limits of liability set forth under the
967 constitution and laws of that state for state officials,
968 employees, and agents. The Interstate Commission is considered
969 to be an instrumentality of the states for the purposes of any
970 such action. This subsection does not protect the person from
971 suit or liability for damage, loss, injury, or liability caused
972 by the intentional or willful and wanton misconduct of the
973 person.
974 2. The Interstate Commission shall defend the executive
975 director and its employees and, subject to the approval of the
976 Attorney General or other appropriate legal counsel of the
977 member state represented by an Interstate Commission
978 representative, shall defend an Interstate Commission
979 representative in any civil action seeking to impose liability
980 arising out of an actual or alleged act, error, or omission that
981 occurred within the scope of Interstate Commission employment,
982 duties, or responsibilities, or that the defendant had a
983 reasonable basis for believing occurred within the scope of
984 Interstate Commission employment, duties, or responsibilities,
985 provided that the actual or alleged act, error, or omission did
986 not result from intentional or willful and wanton misconduct on
987 the part of the person.
988 3. To the extent not covered by the state involved, a
989 member state, the Interstate Commission, and the representatives
990 or employees of the Interstate Commission shall be held harmless
991 in the amount of a settlement or judgment, including attorney’s
992 fees and costs, obtained against a person arising out of an
993 actual or alleged act, error, or omission that occurred within
994 the scope of Interstate Commission employment, duties, or
995 responsibilities, or that the person had a reasonable basis for
996 believing occurred within the scope of Interstate Commission
997 employment, duties, or responsibilities, provided that the
998 actual or alleged act, error, or omission did not result from
999 intentional or willful and wanton misconduct on the part of the
1000 person.
1001
1002 ARTICLE XII
1003
1004 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The
1005 Interstate Commission shall adopt rules to effectively and
1006 efficiently implement this act to achieve the purposes of this
1007 compact.
1008 A. If the Interstate Commission exercises its rulemaking
1009 authority in a manner that is beyond the scope of the purposes
1010 of this act, or the powers granted hereunder, the action
1011 undertaken by the Interstate Commission is invalid and has no
1012 force or effect.
1013 B. Rules must be adopted pursuant to a rulemaking process
1014 that substantially conforms to the “Model State Administrative
1015 Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
1016 1 (2000) as amended, as may be appropriate to the operations of
1017 the Interstate Commission.
1018 C. No later than 30 days after a rule is adopted, a person
1019 may file a petition for judicial review of the rule. The filing
1020 of the petition does not stay or otherwise prevent the rule from
1021 becoming effective unless a court finds that the petitioner has
1022 a substantial likelihood of success on the merits of the
1023 petition. The court shall give deference to the actions of the
1024 Interstate Commission consistent with applicable law and shall
1025 not find the rule to be unlawful if the rule represents a
1026 reasonable exercise of the Interstate Commission’s authority.
1027 D. If a majority of the legislatures of the compacting
1028 states rejects a rule by enactment of a statute or resolution in
1029 the same manner used to adopt the compact, then the rule is
1030 invalid and has no further force and effect in any compacting
1031 state.
1032
1033 ARTICLE XIII
1034
1035 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.—
1036 A. The executive, legislative, and judicial branches of
1037 state government in each member state shall enforce this compact
1038 and shall take all actions necessary and appropriate to
1039 effectuate the compact’s purposes and intent. The provisions of
1040 this compact and the rules adopted under it have the force and
1041 effect of statutory law.
1042 B. All courts shall take judicial notice of the compact and
1043 its adopted rules in any judicial or administrative proceeding
1044 in a member state pertaining to the subject matter of this
1045 compact which may affect the powers, responsibilities, or
1046 actions of the Interstate Commission.
1047 C. The Interstate Commission is entitled to receive all
1048 service of process in any such proceeding, and has standing to
1049 intervene in the proceeding for all purposes. Failure to provide
1050 service of process to the Interstate Commission renders a
1051 judgment or order void as to the Interstate Commission, this
1052 compact, or its adopted rules.
1053 D. If the Interstate Commission determines that a member
1054 state has defaulted in the performance of its obligations or
1055 responsibilities under this compact, or the bylaws or the
1056 adopted rules, the Interstate Commission shall:
1057 1. Provide written notice to the defaulting state and other
1058 member states of the nature of the default, the means of curing
1059 the default, and any action taken by the Interstate Commission.
1060 The Interstate Commission must specify the conditions by which
1061 the defaulting state must cure its default.
1062 2. Provide remedial training and specific technical
1063 assistance regarding the default.
1064 3. If the defaulting state fails to cure the default,
1065 terminate the defaulting state from the compact upon an
1066 affirmative vote of a majority of the member states and all
1067 rights, privileges, and benefits conferred by this compact shall
1068 be terminated from the effective date of termination. A cure of
1069 the default does not relieve the offending state of obligations
1070 or liabilities incurred during the period of the default.
1071 E. Suspension or termination of membership in the compact
1072 may not be imposed on a member until all other means of securing
1073 compliance have been exhausted. Notice of the intent to suspend
1074 or terminate membership must be given by the Interstate
1075 Commission to the Governor, the majority and minority leaders of
1076 the defaulting state’s legislature, and each of the member
1077 states.
1078 F. A state that has been suspended or terminated is
1079 responsible for all assessments, obligations, and liabilities
1080 incurred through the effective date of suspension or
1081 termination, including obligations, the performance of which
1082 extends beyond the effective date of suspension or termination.
1083 G. The remaining member states of the Interstate Commission
1084 do not bear any costs arising from a state that has been found
1085 to be in default or that has been suspended or terminated from
1086 the compact, unless otherwise mutually agreed upon in writing
1087 between the Interstate Commission and the defaulting state.
1088 H. A defaulting state may appeal the action of the
1089 Interstate Commission by petitioning the United States District
1090 Court for the District of Columbia or the federal district where
1091 the Interstate Commission has its principal offices. The
1092 prevailing party shall be awarded all costs of such litigation,
1093 including reasonable attorney’s fees.
1094 I. The Interstate Commission shall attempt, upon the
1095 request of a member state, to resolve disputes that are subject
1096 to the compact and that may arise among member states and
1097 between member and nonmember states. The Interstate Commission
1098 shall promulgate a rule providing for both mediation and binding
1099 dispute resolution for disputes as appropriate.
1100 1. The Interstate Commission, in the reasonable exercise of
1101 its discretion, shall enforce the provisions and rules of this
1102 compact.
1103 2. The Interstate Commission may, by majority vote of the
1104 members, initiate legal action in the United States District
1105 Court for the District of Columbia or, at the discretion of the
1106 Interstate Commission, in the federal district where the
1107 Interstate Commission has its principal offices to enforce
1108 compliance with the provisions of the compact, or its
1109 promulgated rules and bylaws, against a member state in default.
1110 The relief sought may include both injunctive relief and
1111 damages. In the event judicial enforcement is necessary, the
1112 prevailing party shall be awarded all costs of such litigation,
1113 including reasonable attorney’s fees.
1114 3. The remedies herein are not the exclusive remedies of
1115 the Interstate Commission. The Interstate Commission may avail
1116 itself of any other remedies available under state law or the
1117 regulation of a profession.
1118
1119 ARTICLE XIV
1120
1121 FINANCING OF THE INTERSTATE COMMISSION.—
1122 A. The Interstate Commission shall pay, or provide for the
1123 payment of, the reasonable expenses of its establishment,
1124 organization, and ongoing activities.
1125 B. The Interstate Commission may levy on and collect an
1126 annual assessment from each member state to cover the cost of
1127 the operations and activities of the Interstate Commission and
1128 its staff which must be in a total amount sufficient to cover
1129 the Interstate Commission’s annual budget as approved each year.
1130 The aggregate annual assessment amount shall be allocated based
1131 upon a formula to be determined by the Interstate Commission,
1132 which shall adopt a rule binding upon all member states.
1133 C. The Interstate Commission may not incur any obligation
1134 of any kind before securing the funds adequate to meet the
1135 obligation and the Interstate Commission may not pledge the
1136 credit of any of the member states, except by and with the
1137 permission of the member state.
1138 D. The Interstate Commission shall keep accurate accounts
1139 of all receipts and disbursements. The receipts and
1140 disbursements of the Interstate Commission are subject to audit
1141 and accounting procedures established under its bylaws. However,
1142 all receipts and disbursements of funds handled by the
1143 Interstate Commission shall be audited yearly by a certified or
1144 licensed public accountant, and the report of the audit shall be
1145 included in and become part of the annual report of the
1146 Interstate Commission.
1147
1148 ARTICLE XV
1149
1150 MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.—
1151 A. Any state is eligible to become a member state.
1152 B. The compact shall take effect and be binding upon
1153 legislative enactment of the compact into law by not less than
1154 10 of the states. The effective date shall be no earlier than
1155 December 1, 2007. Thereafter, it shall become effective and
1156 binding as to any other member state upon enactment of the
1157 compact into law by that state. The governors of nonmember
1158 states or their designees shall be invited to participate in the
1159 activities of the Interstate Commission on a nonvoting basis
1160 before adoption of the compact by all states.
1161 C. The Interstate Commission may propose amendments to the
1162 compact for enactment by the member states. An amendment does
1163 not become effective and binding upon the Interstate Commission
1164 and the member states until the amendment is enacted into law by
1165 unanimous consent of the member states.
1166
1167 ARTICLE XVI
1168
1169 WITHDRAWAL AND DISSOLUTION.—
1170 A. Once in effect, the compact continues in force and
1171 remains binding upon each and every member state, provided that
1172 a member state may withdraw from the compact, specifically
1173 repealing the statute that enacted the compact into law.
1174 1. Withdrawal from the compact occurs when a statute
1175 repealing its membership is enacted by the state, but does not
1176 take effect until 1 year after the effective date of the statute
1177 and until written notice of the withdrawal has been given by the
1178 withdrawing state to the Governor of each other member state.
1179 2. The withdrawing state must immediately notify the
1180 chairperson of the Interstate Commission in writing upon the
1181 introduction of legislation repealing this compact in the
1182 withdrawing state. The Interstate Commission shall notify the
1183 other member states of the withdrawing state’s intent to
1184 withdraw within 60 days after its receipt thereof.
1185 3. A withdrawing state is responsible for all assessments,
1186 obligations, and liabilities incurred through the effective date
1187 of withdrawal, including obligations, the performance of which
1188 extend beyond the effective date of withdrawal.
1189 4. Reinstatement following withdrawal of a member state
1190 shall occur upon the withdrawing state reenacting the compact or
1191 upon such later date as determined by the Interstate Commission.
1192 B. This compact shall dissolve effective upon the date of
1193 the withdrawal or default of the member state which reduces the
1194 membership in the compact to one member state.
1195 C. Upon the dissolution of this compact, the compact
1196 becomes void and has no further force or effect, and the
1197 business and affairs of the Interstate Commission shall be
1198 concluded and surplus funds shall be distributed in accordance
1199 with the bylaws.
1200
1201 ARTICLE XVII
1202
1203 SEVERABILITY AND CONSTRUCTION.—
1204 A. The provisions of this compact shall be severable, and
1205 if any phrase, clause, sentence, or provision is deemed
1206 unenforceable, the remaining provisions of the compact shall be
1207 enforceable.
1208 B. The provisions of this compact shall be liberally
1209 construed to effectuate its purposes.
1210 C. This compact does not prohibit the applicability of
1211 other interstate compacts to which the states are members.
1212
1213 ARTICLE XVIII
1214
1215 BINDING EFFECT OF COMPACT AND OTHER LAWS.—
1216 A. This compact does not prevent the enforcement of any
1217 other law of a member state that is not inconsistent with this
1218 compact.
1219 B. All member states’ laws conflicting with this compact
1220 are superseded to the extent of the conflict.
1221 C. All lawful actions of the Interstate Commission,
1222 including all rules and bylaws promulgated by the Interstate
1223 Commission, are binding upon the member states.
1224 D. All agreements between the Interstate Commission and the
1225 member states are binding in accordance with their terms.
1226 E. If any part of this compact exceeds the constitutional
1227 limits imposed on the legislature of any member state, the
1228 provision shall be ineffective to the extent of the conflict
1229 with the constitutional provision in question in that member
1230 state.
1231 Section 23. Subsection (1) of section 1003.051, Florida
1232 Statutes, is amended to read:
1233 1003.051 Purple Star Campuses.—
1234 (1) As used in this section, the term “military student”
1235 means a student who is:
1236 (a) Enrolled in a school district, charter school, or any
1237 school or educational institution participating in an
1238 educational choice scholarship program established pursuant to
1239 chapter 1002; and
1240 (b) A dependent of a current member of the United States
1241 military serving on active duty in, or a former member of, the
1242 Army, Navy, Air Force, Space Force, Marine Corps, or Coast
1243 Guard; a reserve component of any branch of the United States
1244 military; or the Florida National Guard.
1245 Section 24. For the purpose of incorporating the amendment
1246 made by this act to section 250.01, Florida Statutes, in a
1247 reference thereto, subsection (7) of section 373.324, Florida
1248 Statutes, is reenacted to read:
1249 373.324 License renewal.—
1250 (7) Notwithstanding the renewal requirements in subsection
1251 (3) and s. 250.4815 for members of the Florida National Guard
1252 and the United States Armed Forces Reserves, any active water
1253 well contractor license issued under this part to a
1254 servicemember as defined in s. 250.01 or his or her spouse, both
1255 of whom reside in Florida, may not become inactive while the
1256 servicemember is serving on military orders which take him or
1257 her over 35 miles from his or her residence and shall be
1258 considered an active license for up to 180 days after the
1259 servicemember returns to his or her Florida residence. If the
1260 license renewal requirements are met within the 180-day
1261 extension period, the servicemember or his or her spouse may not
1262 be charged any additional costs, such as, but not limited to,
1263 late fees or delinquency fees, above the normal license fees.
1264 This subsection does not waive renewal requirements such as
1265 registering, continuing education, and all associated fees. The
1266 servicemember must present to the water management district
1267 issuing the license a copy of his or her official military
1268 orders or a written verification from the member’s commanding
1269 officer before the end of the 180-day period in order to qualify
1270 for the extension.
1271 Section 25. For the purpose of incorporating the amendment
1272 made by this act to section 250.01, Florida Statutes, in a
1273 reference thereto, paragraph (c) of subsection (1) of section
1274 409.1664, Florida Statutes, is reenacted to read:
1275 409.1664 Adoption benefits for qualifying adoptive
1276 employees of state agencies, veterans, and servicemembers.—
1277 (1) As used in this section, the term:
1278 (c) “Servicemember” has the same meaning as in s.
1279 250.01(19).
1280 Section 26. For the purpose of incorporating the amendment
1281 made by this act to section 250.01, Florida Statutes, in a
1282 reference thereto, subsection (1) of section 520.14, Florida
1283 Statutes, is reenacted to read:
1284 520.14 Termination of retail installment contract for
1285 leasing a motor vehicle by a servicemember.—
1286 (1) Any servicemember, as defined in s. 250.01, may
1287 terminate his or her retail installment contract for leasing a
1288 motor vehicle by providing the sales finance company with a
1289 written notice of termination, effective on the date specified
1290 in the notice, which date shall be at least 30 days after the
1291 receipt of the notice by the sales finance company, if any of
1292 the following criteria are met:
1293 (a) The servicemember is required, pursuant to a permanent
1294 change of station, to move outside the continental United
1295 States; or
1296 (b) The servicemember receives temporary duty orders,
1297 temporary change of station orders, or active duty orders
1298 outside the continental United States, provided such orders are
1299 for a period exceeding 60 days.
1300 Section 27. For the purpose of incorporating the amendment
1301 made by this act to section 250.01, Florida Statutes, in a
1302 reference thereto, subsection (5) of section 627.7283, Florida
1303 Statutes, is reenacted to read:
1304 627.7283 Cancellation; return of unearned premium.—
1305 (5) The insurer must refund 100 percent of the unearned
1306 premium if the insured is a servicemember, as defined in s.
1307 250.01, who cancels because he or she is called to active duty
1308 or transferred by the United States Armed Forces to a location
1309 where the insurance is not required. The insurer may require a
1310 servicemember to submit either a copy of the official military
1311 orders or a written verification signed by the servicemember’s
1312 commanding officer to support the refund authorized under this
1313 subsection. If the insurer cancels, the insurer must refund 100
1314 percent of the unearned premium. Cancellation is without
1315 prejudice to any claim originating prior to the effective date
1316 of the cancellation. For purposes of this section, unearned
1317 premiums must be computed on a pro rata basis.
1318 Section 28. For the purpose of incorporating the amendment
1319 made by this act to section 250.01, Florida Statutes, in a
1320 reference thereto, paragraph (d) of subsection (1) of section
1321 689.27, Florida Statutes, is reenacted to read:
1322 689.27 Termination by servicemember of agreement to
1323 purchase real property.—
1324 (1) Notwithstanding any other provisions of law and for the
1325 purposes of this section:
1326 (d) “Servicemember” shall have the same meaning as provided
1327 in s. 250.01.
1328 Section 29. For the purpose of incorporating the amendment
1329 made by this act to section 250.01, Florida Statutes, in a
1330 reference thereto, subsection (5) of section 790.015, Florida
1331 Statutes, is reenacted to read:
1332 790.015 Nonresidents who are United States citizens and
1333 hold a concealed weapons license in another state; reciprocity.—
1334 (5) The requirement of paragraph (1)(a) does not apply to a
1335 person who:
1336 (a) Is a servicemember, as defined in s. 250.01; or
1337 (b) Is a veteran of the United States Armed Forces who was
1338 discharged under honorable conditions.
1339 Section 30. For the purpose of incorporating the amendment
1340 made by this act to section 250.01, Florida Statutes, in
1341 references thereto, subsection (4) and paragraph (b) of
1342 subsection (11) of section 790.06, Florida Statutes, are
1343 reenacted to read:
1344 790.06 License to carry concealed weapon or firearm.—
1345 (4) The application shall be completed, under oath, on a
1346 form adopted by the Department of Agriculture and Consumer
1347 Services and shall include:
1348 (a) The name, address, place of birth, date of birth, and
1349 race of the applicant;
1350 (b) A statement that the applicant is in compliance with
1351 criteria contained within subsections (2) and (3);
1352 (c) A statement that the applicant has been furnished a
1353 copy of or a website link to this chapter and is knowledgeable
1354 of its provisions;
1355 (d) A conspicuous warning that the application is executed
1356 under oath and that a false answer to any question, or the
1357 submission of any false document by the applicant, subjects the
1358 applicant to criminal prosecution under s. 837.06;
1359 (e) A statement that the applicant desires a concealed
1360 weapon or firearms license as a means of lawful self-defense;
1361 and
1362 (f) Directions for an applicant who is a servicemember, as
1363 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
1364 request expedited processing of his or her application.
1365 (11)
1366 (b) A license issued to a servicemember, as defined in s.
1367 250.01, is subject to paragraph (a); however, such a license
1368 does not expire while the servicemember is serving on military
1369 orders that have taken him or her over 35 miles from his or her
1370 residence and shall be extended, as provided in this paragraph,
1371 for up to 180 days after his or her return to such residence. If
1372 the license renewal requirements in paragraph (a) are met within
1373 the 180-day extension period, the servicemember may not be
1374 charged any additional costs, such as, but not limited to, late
1375 fees or delinquency fees, above the normal license fees. The
1376 servicemember must present to the Department of Agriculture and
1377 Consumer Services a copy of his or her official military orders
1378 or a written verification from the member’s commanding officer
1379 before the end of the 180-day period in order to qualify for the
1380 extension.
1381 Section 31. For the purpose of incorporating the amendment
1382 made by this act to section 250.01, Florida Statutes, in a
1383 reference thereto, subsection (1) of section 790.062, Florida
1384 Statutes, is reenacted to read:
1385 790.062 Members and veterans of United States Armed Forces;
1386 exceptions from licensure provisions.—
1387 (1) Notwithstanding s. 790.06(2)(b), the Department of
1388 Agriculture and Consumer Services shall issue a license to carry
1389 a concealed weapon or firearm under s. 790.06 if the applicant
1390 is otherwise qualified and:
1391 (a) Is a servicemember, as defined in s. 250.01; or
1392 (b) Is a veteran of the United States Armed Forces who was
1393 discharged under honorable conditions.
1394 Section 32. For the purpose of incorporating the amendment
1395 made by this act to section 250.01, Florida Statutes, in a
1396 reference thereto, subsection (13) of section 790.065, Florida
1397 Statutes, is reenacted to read:
1398 790.065 Sale and delivery of firearms.—
1399 (13) A person younger than 21 years of age may not purchase
1400 a firearm. The sale or transfer of a firearm to a person younger
1401 than 21 years of age may not be made or facilitated by a
1402 licensed importer, licensed manufacturer, or licensed dealer. A
1403 person who violates this subsection commits a felony of the
1404 third degree, punishable as provided in s. 775.082, s. 775.083,
1405 or s. 775.084. The prohibitions of this subsection do not apply
1406 to the purchase of a rifle or shotgun by a law enforcement
1407 officer or correctional officer, as those terms are defined in
1408 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
1409 servicemember as defined in s. 250.01.
1410 Section 33. For the purpose of incorporating the amendment
1411 made by this act to section 250.01, Florida Statutes, in a
1412 reference thereto, paragraph (d) of subsection (2) of section
1413 790.0655, Florida Statutes, is reenacted to read:
1414 790.0655 Purchase and delivery of firearms; mandatory
1415 waiting period; exceptions; penalties.—
1416 (2) The waiting period does not apply in the following
1417 circumstances:
1418 (d) When a rifle or shotgun is being purchased by a law
1419 enforcement officer or correctional officer, as those terms are
1420 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
1421 servicemember as defined in s. 250.01.
1422 Section 34. For the purpose of incorporating the amendment
1423 made by this act to section 250.01, Florida Statutes, in
1424 references thereto, subsections (1), (2), and (3) of section
1425 948.21, Florida Statutes, are reenacted to read:
1426 948.21 Condition of probation or community control;
1427 military servicemembers and veterans.—
1428 (1) Effective for a probationer or community controllee
1429 whose crime is committed on or after July 1, 2012, and who is a
1430 veteran, as defined in s. 1.01, or servicemember, as defined in
1431 s. 250.01, who suffers from a military service-related mental
1432 illness, traumatic brain injury, substance abuse disorder, or
1433 psychological problem, the court may, in addition to any other
1434 conditions imposed, impose a condition requiring the probationer
1435 or community controllee to participate in a treatment program
1436 capable of treating the probationer’s or community controllee’s
1437 mental illness, traumatic brain injury, substance abuse
1438 disorder, or psychological problem.
1439 (2) Effective for a probationer or community controllee
1440 whose crime is committed on or after July 1, 2016, and who is a
1441 veteran, as defined in s. 1.01, including a veteran who is
1442 discharged or released under a general discharge, or
1443 servicemember, as defined in s. 250.01, who suffers from a
1444 military service-related mental illness, traumatic brain injury,
1445 substance abuse disorder, or psychological problem, the court
1446 may, in addition to any other conditions imposed, impose a
1447 condition requiring the probationer or community controllee to
1448 participate in a treatment program capable of treating the
1449 probationer or community controllee’s mental illness, traumatic
1450 brain injury, substance abuse disorder, or psychological
1451 problem.
1452 (3) Effective for a probationer or community controllee
1453 whose crime is committed on or after October 1, 2019, and who is
1454 a veteran, as defined in s. 1.01; a veteran who is discharged or
1455 released under any condition; a servicemember, as defined in s.
1456 250.01; an individual who is a current or former United States
1457 Department of Defense contractor; or an individual who is a
1458 current or former military member of a foreign allied country,
1459 who suffers from a military service-related mental illness,
1460 traumatic brain injury, substance abuse disorder, or
1461 psychological problem, the court may, in addition to any other
1462 conditions imposed, impose a condition requiring the probationer
1463 or community controllee to participate in a treatment program
1464 capable of treating the probationer or community controllee’s
1465 mental illness, traumatic brain injury, substance abuse
1466 disorder, or psychological problem.
1467 Section 35. Except as otherwise expressly provided in this
1468 act, this act shall take effect July 1, 2022.
1469
1470 ================= T I T L E A M E N D M E N T ================
1471 And the title is amended as follows:
1472 Delete everything before the enacting clause
1473 and insert:
1474 A bill to be entitled
1475 An act relating to the United States Space Force;
1476 amending s. 61.703, F.S.; revising the definition of
1477 the term “uniformed service” to include the United
1478 States Space Force; amending s. 92.51, F.S.; revising
1479 the Armed Forces officers authorized to take or
1480 administer specified oaths, affidavits, or
1481 acknowledgements to include United States Space Force
1482 officers; amending s. 97.021, F.S.; revising the
1483 definition of the term “uniformed services” to include
1484 the United States Space Force; amending s. 115.01,
1485 F.S.; revising the military service branches for which
1486 any county or state official who is called to active
1487 service may receive a leave of absence; amending s.
1488 163.3175, F.S.; updating military base names; amending
1489 s. 210.04, F.S.; adding post exchanges operated by the
1490 United States Space Force to those that are exempt
1491 from paying tax on cigarettes sold; amending s.
1492 250.01, F.S.; revising the definition of the term
1493 “armed forces” to include the United States Space
1494 Force; amending s. 250.43, F.S.; revising the armed
1495 forces uniforms that are protected from imitation to
1496 include uniforms of the United States Space Force;
1497 amending s. 250.52, F.S.; prohibiting persons from
1498 soliciting or persuading another not to enlist with
1499 the United States Space Force when the country is at
1500 war or there are indications of a pending war;
1501 amending s. 295.061, F.S.; revising the definition of
1502 the term “United States Armed Forces” to include the
1503 United States Space Force; amending s. 296.02, F.S.;
1504 revising the definition of the term “peacetime
1505 service” to include service in the United States Space
1506 Force; amending s. 331.304, F.S.; revising the names
1507 of specified former Air Force bases to reflect they
1508 are Space Force bases; amending s. 461.002, F.S.;
1509 providing an exception to graduate podiatric
1510 physicians practicing in the United States Space
1511 Force; amending s. 466.002, F.S.; providing an
1512 exemption to graduate dentists or dental surgeons
1513 practicing in the United States Space Force; amending
1514 s. 496.415, F.S.; prohibiting a person from
1515 representing or claiming to be a member of the United
1516 States Space Force in connection with any solicitation
1517 or charitable or sponsor sales promotion; amending s.
1518 540.08, F.S.; revising the definition of the term
1519 “member of the armed forces” to include members of the
1520 United States Space Force; amending s. 695.031, F.S.;
1521 including members of the United States Space Force and
1522 the United States Air Force as servicemembers who may
1523 acknowledge certain instruments; amending s. 718.113,
1524 F.S.; including the official flag that represents the
1525 United States Space Force as a flag that may be
1526 displayed by a condominium owner; amending s. 720.304,
1527 F.S.; including the official flag that represents the
1528 United States Space Force as a flag that may be
1529 displayed by a homeowner; amending s. 790.25, F.S.;
1530 authorizing members of the United States Space Force
1531 to own, possess, and lawfully use firearms and other
1532 weapons, ammunition, and supplies when on duty, when
1533 training or preparing themselves for military duty, or
1534 while subject to recall or mobilization; amending s.
1535 817.312, F.S.; prohibiting a person from unlawfully
1536 using the uniforms, medals, or insignia of the United
1537 States Space Force; amending s. 1000.36, F.S.;
1538 revising the definition of the term “uniformed
1539 services” to include the United States Space Force;
1540 amending s. 1003.051, F.S.; revising the definition of
1541 the term “military student” to include a student who
1542 is a dependent of a current or former member of the
1543 United States Space Force; reenacting ss. 373.324(7),
1544 409.1664(1)(c), 520.14(1), 627.7283(5), 689.27(1)(d),
1545 790.015(5), 790.06(4) and (11)(b), 790.062(1),
1546 790.065(13), 790.0655(2)(d), and 948.21(1), (2), and
1547 (3), F.S., which reference the definition of the term
1548 “servicemember,” to incorporate the amendment made to
1549 s. 250.01, F.S., in references thereto; providing
1550 effective dates.