Bill Text: FL S0438 | 2022 | Regular Session | Enrolled


Bill Title: United States Space Force

Spectrum: Bipartisan Bill

Status: (Enrolled) 2022-03-04 - Ordered enrolled [S0438 Detail]

Download: Florida-2022-S0438-Enrolled.html
       ENROLLED
       2022 Legislature                    CS for SB 438, 1st Engrossed
       
       
       
       
       
       
                                                              2022438er
    1  
    2         An act relating to the United States Space Force;
    3         amending s. 61.703, F.S.; revising the definition of
    4         the term “uniformed service” to include the United
    5         States Space Force; amending s. 92.51, F.S.; revising
    6         the Armed Forces officers authorized to take or
    7         administer specified oaths, affidavits, or
    8         acknowledgements to include United States Space Force
    9         officers; amending s. 97.021, F.S.; revising the
   10         definition of the term “uniformed services” to include
   11         the United States Space Force; amending s. 115.01,
   12         F.S.; revising the military service branches for which
   13         any county or state official who is called to active
   14         service may receive a leave of absence; amending s.
   15         163.3175, F.S.; updating military base names; amending
   16         s. 210.04, F.S.; adding post exchanges operated by the
   17         United States Space Force to those that are exempt
   18         from paying tax on cigarettes sold; amending s.
   19         250.01, F.S.; revising the definition of the term
   20         “armed forces” to include the United States Space
   21         Force; amending s. 250.43, F.S.; revising the armed
   22         forces uniforms that are protected from imitation to
   23         include uniforms of the United States Space Force;
   24         amending s. 250.52, F.S.; prohibiting persons from
   25         soliciting or persuading another not to enlist with
   26         the United States Space Force when the country is at
   27         war or there are indications of a pending war;
   28         amending s. 295.061, F.S.; revising the definition of
   29         the term “United States Armed Forces” to include the
   30         United States Space Force; amending s. 296.02, F.S.;
   31         revising the definition of the term “peacetime
   32         service” to include service in the United States Space
   33         Force; amending s. 331.304, F.S.; revising the names
   34         of specified former Air Force bases to reflect they
   35         are Space Force bases; amending s. 461.002, F.S.;
   36         providing an exception to graduate podiatric
   37         physicians practicing in the United States Space
   38         Force; amending s. 466.002, F.S.; providing an
   39         exemption to graduate dentists or dental surgeons
   40         practicing in the United States Space Force; amending
   41         s. 496.415, F.S.; prohibiting a person from
   42         representing or claiming to be a member of the United
   43         States Space Force in connection with any solicitation
   44         or charitable or sponsor sales promotion; amending s.
   45         540.08, F.S.; revising the definition of the term
   46         “member of the armed forces” to include members of the
   47         United States Space Force; amending s. 695.031, F.S.;
   48         including members of the United States Space Force and
   49         the United States Air Force as servicemembers who may
   50         acknowledge certain instruments; amending s. 718.113,
   51         F.S.; including the official flag that represents the
   52         United States Space Force as a flag that may be
   53         displayed by a condominium owner; amending s. 720.304,
   54         F.S.; including the official flag that represents the
   55         United States Space Force as a flag that may be
   56         displayed by a homeowner; amending s. 790.25, F.S.;
   57         authorizing members of the United States Space Force
   58         to own, possess, and lawfully use firearms and other
   59         weapons, ammunition, and supplies when on duty, when
   60         training or preparing themselves for military duty, or
   61         while subject to recall or mobilization; amending s.
   62         817.312, F.S.; prohibiting a person from unlawfully
   63         using the uniforms, medals, or insignia of the United
   64         States Space Force; amending s. 1000.36, F.S.;
   65         revising the definition of the term “uniformed
   66         services” to include the United States Space Force;
   67         amending s. 1003.051, F.S.; revising the definition of
   68         the term “military student” to include a student who
   69         is a dependent of a current or former member of the
   70         United States Space Force; reenacting ss. 373.324(7),
   71         409.1664(1)(c), 520.14(1), 627.7283(5), 689.27(1)(d),
   72         790.015(5), 790.06(4) and (11)(b), 790.062(1),
   73         790.065(13), 790.0655(2)(d), and 948.21(1), (2), and
   74         (3), F.S., which reference the definition of the term
   75         “servicemember,” to incorporate the amendment made to
   76         s. 250.01, F.S., in references thereto; providing
   77         effective dates.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Paragraph (a) of subsection (20) of section
   82  61.703, Florida Statutes, is amended to read:
   83         61.703 Definitions.—As used in this part:
   84         (20) “Uniformed service” means any of the following:
   85         (a) Active and reserve components of the Army, Navy, Air
   86  Force, Marine Corps, Space Force, or Coast Guard of the United
   87  States.
   88         Section 2. Subsection (1) of section 92.51, Florida
   89  Statutes, is amended to read:
   90         92.51 Oaths, affidavits, and acknowledgments; taken or
   91  administered by commissioned officer of United States Armed
   92  Forces.—
   93         (1) Oaths, affidavits, and acknowledgments required or
   94  authorized by the laws of this state may be taken or
   95  administered within or without the United States by or before
   96  any commissioned officer in active service of the Armed Forces
   97  of the United States with the rank of second lieutenant or
   98  higher in the Army, Air Force, Space Force, or Marine Corps or
   99  ensign or higher in the Navy or Coast Guard when the person
  100  required or authorized to make and execute the oath, affidavit,
  101  or acknowledgment is a member of the Armed Forces of the United
  102  States, the spouse of such member or a person whose duties
  103  require the person’s presence with the Armed Forces of the
  104  United States.
  105         Section 3. Subsection (42) of section 97.021, Florida
  106  Statutes, is amended to read:
  107         97.021 Definitions.—For the purposes of this code, except
  108  where the context clearly indicates otherwise, the term:
  109         (42) “Uniformed services” means the Army, Navy, Air Force,
  110  Marine Corps, Space Force, and Coast Guard, the commissioned
  111  corps of the Public Health Service, and the commissioned corps
  112  of the National Oceanic and Atmospheric Administration.
  113         Section 4. Section 115.01, Florida Statutes, is amended to
  114  read:
  115         115.01 Leave of absence for military service.—Any county or
  116  state official of the state, subject to the provisions and
  117  conditions hereinafter set forth, may be granted leave of
  118  absence from his or her office, to serve in the volunteer forces
  119  of the United States, or in the National Guard of any state, or
  120  in the regular Army, or Navy, Air Force, Marine Corps, or Space
  121  Force of the United States, when the same shall be called into
  122  active service of the United States during war between the
  123  United States and a foreign government.
  124         Section 5. Paragraph (n) of subsection (2) of section
  125  163.3175, Florida Statutes, is amended to read:
  126         163.3175 Legislative findings on compatibility of
  127  development with military installations; exchange of information
  128  between local governments and military installations.—
  129         (2) Certain major military installations, due to their
  130  mission and activities, have a greater potential for
  131  experiencing compatibility and coordination issues than others.
  132  Consequently, this section and the provisions in s.
  133  163.3177(6)(a), relating to compatibility of land development
  134  with military installations, apply to specific affected local
  135  governments in proximity to and in association with specific
  136  military installations, as follows:
  137         (n) Patrick Space Air Force Base and Cape Canaveral Space
  138  Air Force Station, associated with Brevard County and Satellite
  139  Beach.
  140         Section 6. Paragraph (a) of subsection (4) of section
  141  210.04, Florida Statutes, is amended to read:
  142         210.04 Construction; exemptions; collection.—
  143         (4) No tax shall be required to be paid:
  144         (a) Upon cigarettes sold at post exchanges, ship service
  145  stores, ship stores, slop chests, or base exchanges to members
  146  of the Armed Services of the United States when such post
  147  exchanges, ship service stores, or base exchanges are operated
  148  under regulations of the Army, Navy, or Air Force, or Space
  149  Force of the United States on military, naval, space force, or
  150  air force reservations in this state or when such ship stores or
  151  slop chests are operated under the regulations of the United
  152  States Navy on ships of the United States Navy; however, it is
  153  unlawful for anyone, including members of the Armed Services of
  154  the United States, to purchase such tax-exempt cigarettes for
  155  purposes of resale. Any person who resells, or offers for
  156  resale, tax-exempt cigarettes purchased at post exchanges, ship
  157  service stores, ship stores, slop chests, or base exchanges is
  158  guilty of a violation of the cigarette tax law, punishable as
  159  provided in s. 210.18(1).
  160         Section 7. Subsection (4) of section 250.01, Florida
  161  Statutes, is amended to read:
  162         250.01 Definitions.—As used in this chapter, the term:
  163         (4) “Armed forces” means the United States Army, Navy, Air
  164  Force, Marine Corps, Space Force, and Coast Guard.
  165         Section 8. Subsection (2) of section 250.43, Florida
  166  Statutes, is amended to read:
  167         250.43 Wearing of uniform and insignia of rank; penalty.—
  168         (2) Every person other than an officer or enlisted person
  169  of the Florida National Guard, naval militia, or marine corps of
  170  this state, any other state, Puerto Rico, or the District of
  171  Columbia, or of the United States Army, Navy, Marine Corps, or
  172  Air Force, or Space Force, who wears the uniform of the United
  173  States Army, Navy, Marine Corps, Air Force, Space Force,
  174  National Guard, Naval Militia, or Marine Corps or any part of
  175  such uniform, or a uniform or part of uniform similar thereto,
  176  or in imitation thereof, within the bounds of the state, except
  177  in cases where the wearing of such uniform is permitted by the
  178  laws of the United States and the regulations of the Secretary
  179  of Defense, commits a misdemeanor of the first degree,
  180  punishable as provided in s. 775.082 or s. 775.083. This section
  181  does not prohibit persons in the theatrical profession from
  182  wearing such uniforms while actually engaged in such profession,
  183  in any playhouse or theater, in a production in no way
  184  reflecting upon such uniform; does not prohibit the uniform rank
  185  of civic societies parading or traveling in a body or assembling
  186  in a lodge room; and does not apply to cadets of any military
  187  school or to Boy Scouts or Girl Scouts.
  188         Section 9. Section 250.52, Florida Statutes, is amended to
  189  read:
  190         250.52 Unlawful to persuade citizens not to enlist;
  191  penalty.—Whenever the United States is at war, or our foreign
  192  relations tend to indicate an impending war or state of war, a
  193  person may not solicit or persuade a citizen of the United
  194  States not to enlist or serve in the Army, Air Force, Space
  195  Force, Marine Corps, Coast Guard, or Navy, or in any reserve
  196  component thereof, or in the Florida National Guard, or publicly
  197  attempt to dissuade any such citizen from enlisting. This
  198  section does not apply to the soliciting or persuading done by
  199  any person related by affinity or consanguinity to the person
  200  solicited or persuaded or whose advice is requested by the
  201  person solicited or persuaded. Any person who violates this
  202  section commits a misdemeanor of the first degree, punishable as
  203  provided in s. 775.082 or s. 775.083.
  204         Section 10. Paragraph (b) of subsection (1) of section
  205  295.061, Florida Statutes, is amended to read:
  206         295.061 Active duty servicemembers; death benefits.—
  207         (1) As used in this section, the term:
  208         (b) “United States Armed Forces” means the United States
  209  Army, Navy, Air Force, Marine Corps, Space Force, and Coast
  210  Guard.
  211         Section 11. Subsection (7) of section 296.02, Florida
  212  Statutes, is amended to read:
  213         296.02 Definitions.—For the purposes of this part, except
  214  where the context clearly indicates otherwise:
  215         (7) “Peacetime service” means Army, Navy, Marines, Coast
  216  Guard, or Air Force, or Space Force service that is not during a
  217  wartime era as defined in s. 1.01(14).
  218         Section 12. Subsection (1) of section 331.304, Florida
  219  Statutes, is amended to read:
  220         331.304 Spaceport territory.—The following property shall
  221  constitute spaceport territory:
  222         (1) Certain real property located in Brevard County that is
  223  included within the 1998 boundaries of Patrick Space Force Base,
  224  formerly Patrick Air Force Base; Cape Canaveral Space Force
  225  Station, formerly Cape Canaveral Air Force Station;, or John F.
  226  Kennedy Space Center. The territory consisting of areas within
  227  the John F. Kennedy Space Center and the Cape Canaveral Space
  228  Air Force Station may be referred to as the “Cape Canaveral
  229  Spaceport.”
  230         Section 13. Subsection (3) of section 461.002, Florida
  231  Statutes, is amended to read:
  232         461.002 Exceptions.—
  233         (3) This chapter shall not apply to the practice of
  234  podiatric medicine by graduate podiatric physicians in the
  235  United States Army, Air Force, Space Force, Marines, Navy,
  236  Public Health Service, Coast Guard, or United States Department
  237  of Veterans Affairs in the discharge of their official duties.
  238         Section 14. Subsection (3) of section 466.002, Florida
  239  Statutes, is amended to read:
  240         466.002 Persons exempt from operation of chapter.—Nothing
  241  in this chapter shall apply to the following practices, acts,
  242  and operations:
  243         (3) The practice of dentistry in the discharge of their
  244  official duties by graduate dentists or dental surgeons in the
  245  United States Army, Air Force, Space Force, Marines, Navy,
  246  Public Health Service, Coast Guard, or United States Department
  247  of Veterans Affairs.
  248         Section 15. Subsection (6) of section 496.415, Florida
  249  Statutes, is amended to read:
  250         496.415 Prohibited acts.—It is unlawful for any person in
  251  connection with the planning, conduct, or execution of any
  252  solicitation or charitable or sponsor sales promotion to:
  253         (6) Falsely state that he or she is a member of or
  254  represents a charitable organization or sponsor, or falsely
  255  state or represent that he or she is a member of or represents
  256  the United States Air Force, United States Army, United States
  257  Coast Guard, United States Marine Corps, United States Navy,
  258  United States Space Force, the National Guard, or a law
  259  enforcement or emergency service organization.
  260         Section 16. Subsection (3) of section 540.08, Florida
  261  Statutes, is amended to read:
  262         540.08 Unauthorized publication of name or likeness.—
  263         (3) If a person uses the name, portrait, photograph, or
  264  other likeness of a member of the armed forces without obtaining
  265  the consent required in subsection (1) and such use is not
  266  subject to any exception listed in this section, a court may
  267  impose a civil penalty of up to $1,000 per violation in addition
  268  to the civil remedies contained in subsection (2). Each
  269  commercial transaction constitutes a violation under this
  270  section. As used in this section, the term “member of the armed
  271  forces” means an officer or enlisted member of the Army, Navy,
  272  Air Force, Marine Corps, Space Force, or Coast Guard of the
  273  United States, the Florida National Guard, and the United States
  274  Reserve Forces, including any officer or enlisted member who
  275  died as a result of injuries sustained in the line of duty.
  276         Section 17. Subsection (1) of section 695.031, Florida
  277  Statutes, is amended to read:
  278         695.031 Affidavits and acknowledgments by members of armed
  279  forces and their spouses.—
  280         (1) In addition to the manner, form and proof of
  281  acknowledgment of instruments as now provided by law, any person
  282  serving in or with the Armed Forces of the United States,
  283  including the Army, Navy, Air Force, Marine Corps, Space Force,
  284  Coast Guard, or any component or any arm or service of any
  285  thereof, including any female auxiliary of any thereof, and any
  286  person whose duties require his or her presence with the Armed
  287  Forces of the United States, as herein designated, or otherwise
  288  designated by law or military or naval command, may acknowledge
  289  any instrument, wherever located, either within or without the
  290  state, or without the United States, before any commissioned
  291  officer in active service of the Armed Forces of the United
  292  States, as herein designated, or otherwise designated by law, or
  293  military or naval command, or order, with the rank of second
  294  lieutenant or higher in the Army, Air Force, Space Force, or
  295  Marine Corps, or of any component or any arm or service of any
  296  either thereof, including any female auxiliary of any thereof,
  297  or ensign or higher in the Navy or United States Coast Guard, or
  298  of any component or any arm or service of either thereof,
  299  including any female auxiliary of any thereof.
  300         Section 18. Subsection (4) of section 718.113, Florida
  301  Statutes, is amended to read:
  302         718.113 Maintenance; limitation upon improvement; display
  303  of flag; hurricane shutters and protection; display of religious
  304  decorations.—
  305         (4) Any unit owner may display one portable, removable
  306  United States flag in a respectful way and, on Armed Forces Day,
  307  Memorial Day, Flag Day, Independence Day, and Veterans Day, may
  308  display in a respectful way portable, removable official flags,
  309  not larger than 4 1/2 feet by 6 feet, that represent the United
  310  States Army, Navy, Air Force, Marine Corps, Space Force, or
  311  Coast Guard, regardless of any declaration rules or requirements
  312  dealing with flags or decorations.
  313         Section 19. Paragraph (a) of subsection (2) of section
  314  720.304, Florida Statutes, is amended to read:
  315         720.304 Right of owners to peaceably assemble; display of
  316  flag; SLAPP suits prohibited.—
  317         (2)(a) Any homeowner may display one portable, removable
  318  United States flag or official flag of the State of Florida in a
  319  respectful manner, and one portable, removable official flag, in
  320  a respectful manner, not larger than 4 1/2 feet by 6 feet, which
  321  represents the United States Army, Navy, Air Force, Marine
  322  Corps, Space Force, or Coast Guard, or a POW-MIA flag,
  323  regardless of any covenants, restrictions, bylaws, rules, or
  324  requirements of the association.
  325         Section 20. Subsection (3) of section 790.25, Florida
  326  Statutes, is amended to read:
  327         790.25 Lawful ownership, possession, and use of firearms
  328  and other weapons.—
  329         (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
  330  do not apply in the following instances, and, despite such
  331  sections, it is lawful for the following persons to own,
  332  possess, and lawfully use firearms and other weapons,
  333  ammunition, and supplies for lawful purposes:
  334         (a) Members of the Militia, National Guard, Florida State
  335  Defense Force, Army, Navy, Air Force, Marine Corps, Space Force,
  336  Coast Guard, organized reserves, and other armed forces of the
  337  state and of the United States, when on duty, when training or
  338  preparing themselves for military duty, or while subject to
  339  recall or mobilization;
  340         (b) Citizens of this state subject to duty in the Armed
  341  Forces under s. 2, Art. X of the State Constitution, under
  342  chapters 250 and 251, and under federal laws, when on duty or
  343  when training or preparing themselves for military duty;
  344         (c) Persons carrying out or training for emergency
  345  management duties under chapter 252;
  346         (d) Sheriffs, marshals, prison or jail wardens, police
  347  officers, Florida highway patrol officers, game wardens, revenue
  348  officers, forest officials, special officers appointed under the
  349  provisions of chapter 354, and other peace and law enforcement
  350  officers and their deputies and assistants and full-time paid
  351  peace officers of other states and of the Federal Government who
  352  are carrying out official duties while in this state;
  353         (e) Officers or employees of the state or United States
  354  duly authorized to carry a concealed weapon;
  355         (f) Guards or messengers of common carriers, express
  356  companies, armored car carriers, mail carriers, banks, and other
  357  financial institutions, while actually employed in and about the
  358  shipment, transportation, or delivery of any money, treasure,
  359  bullion, bonds, or other thing of value within this state;
  360         (g) Regularly enrolled members of any organization duly
  361  authorized to purchase or receive weapons from the United States
  362  or from this state, or regularly enrolled members of clubs
  363  organized for target, skeet, or trap shooting, while at or going
  364  to or from shooting practice; or regularly enrolled members of
  365  clubs organized for modern or antique firearms collecting, while
  366  such members are at or going to or from their collectors’ gun
  367  shows, conventions, or exhibits;
  368         (h) A person engaged in fishing, camping, or lawful hunting
  369  or going to or returning from a fishing, camping, or lawful
  370  hunting expedition;
  371         (i) A person engaged in the business of manufacturing,
  372  repairing, or dealing in firearms, or the agent or
  373  representative of any such person while engaged in the lawful
  374  course of such business;
  375         (j) A person firing weapons for testing or target practice
  376  under safe conditions and in a safe place not prohibited by law
  377  or going to or from such place;
  378         (k) A person firing weapons in a safe and secure indoor
  379  range for testing and target practice;
  380         (l) A person traveling by private conveyance when the
  381  weapon is securely encased or in a public conveyance when the
  382  weapon is securely encased and not in the person’s manual
  383  possession;
  384         (m) A person while carrying a pistol unloaded and in a
  385  secure wrapper, concealed or otherwise, from the place of
  386  purchase to his or her home or place of business or to a place
  387  of repair or back to his or her home or place of business;
  388         (n) A person possessing arms at his or her home or place of
  389  business;
  390         (o) Investigators employed by the several public defenders
  391  of the state, while actually carrying out official duties,
  392  provided such investigators:
  393         1. Are employed full time;
  394         2. Meet the official training standards for firearms
  395  established by the Criminal Justice Standards and Training
  396  Commission as provided in s. 943.12(5) and the requirements of
  397  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  398         3. Are individually designated by an affidavit of consent
  399  signed by the employing public defender and filed with the clerk
  400  of the circuit court in the county in which the employing public
  401  defender resides.
  402         (p) Investigators employed by the capital collateral
  403  regional counsel, while actually carrying out official duties,
  404  provided such investigators:
  405         1. Are employed full time;
  406         2. Meet the official training standards for firearms as
  407  established by the Criminal Justice Standards and Training
  408  Commission as provided in s. 943.12(1) and the requirements of
  409  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  410         3. Are individually designated by an affidavit of consent
  411  signed by the capital collateral regional counsel and filed with
  412  the clerk of the circuit court in the county in which the
  413  investigator is headquartered.
  414         (q)1. A tactical medical professional who is actively
  415  operating in direct support of a tactical operation by a law
  416  enforcement agency provided that:
  417         a. The tactical medical professional is lawfully able to
  418  possess firearms and has an active concealed weapons permit
  419  issued pursuant to s. 790.06.
  420         b. The tactical medical professional is appointed to a law
  421  enforcement tactical team of a law enforcement agency by the
  422  head of the law enforcement agency.
  423         c. The law enforcement agency has an established policy
  424  providing for the appointment, training, and deployment of the
  425  tactical medical professional.
  426         d. The tactical medical professional successfully completes
  427  a firearms safety training and tactical training as established
  428  or designated by the appointing law enforcement agency.
  429         e. The law enforcement agency provides and the tactical
  430  medical professional participates in annual firearm training and
  431  tactical training.
  432         2. While actively operating in direct support of a tactical
  433  operation by a law enforcement agency, a tactical medical
  434  professional:
  435         a. May carry a firearm in the same manner as a law
  436  enforcement officer, as defined in s. 943.10 and,
  437  notwithstanding any other law, at any place a tactical law
  438  enforcement operation occurs.
  439         b. Has no duty to retreat and is justified in the use of
  440  any force which he or she reasonably believes is necessary to
  441  defend himself or herself or another from bodily harm.
  442         c. Has the same immunities and privileges as a law
  443  enforcement officer, as defined in s. 943.10, in a civil or
  444  criminal action arising out of a tactical law enforcement
  445  operation when acting within the scope of his or her official
  446  duties.
  447         3. This paragraph may not be construed to authorize a
  448  tactical medical professional to carry, transport, or store any
  449  firearm or ammunition on any fire apparatus or EMS vehicle.
  450         4. The appointing law enforcement agency shall issue any
  451  firearm or ammunition that the tactical medical professional
  452  carries in accordance with this paragraph.
  453         5. For the purposes of this paragraph, the term “tactical
  454  medical professional” means a paramedic, as defined in s.
  455  401.23, a physician, as defined in s. 458.305, or an osteopathic
  456  physician, as defined in s. 459.003, who is appointed to provide
  457  direct support to a tactical law enforcement unit by providing
  458  medical services at high-risk incidents, including, but not
  459  limited to, hostage incidents, narcotics raids, hazardous
  460  surveillance, sniper incidents, armed suicidal persons,
  461  barricaded suspects, high-risk felony warrant service, fugitives
  462  refusing to surrender, and active shooter incidents.
  463         Section 21. Paragraph (a) of subsection (1) of section
  464  817.312, Florida Statutes, is amended to read:
  465         817.312 Unlawful use of uniforms, medals, or insignia.—
  466         (1)(a) A person may not:
  467         1. Misrepresent himself or herself as a member or veteran
  468  of the United States Air Force, United States Army, United
  469  States Coast Guard, United States Marine Corps, United States
  470  Navy, United States Space Force, or National Guard; or
  471         2. Wear the uniform of or any medal or insignia authorized
  472  for use by members or veterans of the United States Air Force,
  473  United States Army, United States Coast Guard, United States
  474  Marine Corps, United States Navy, or the National Guard which he
  475  or she is not authorized to wear
  476  
  477  while soliciting for charitable contributions or for the purpose
  478  of material gain, including, but not limited to, obtaining
  479  employment or public office resulting in receiving compensation.
  480         Section 22. Contingent upon SB 430 or similar legislation
  481  extending the repeal date of the Interstate Compact on
  482  Educational Opportunity for Military Children taking effect,
  483  section 1000.36, Florida Statutes, is amended to read:
  484         1000.36 Interstate Compact on Educational Opportunity for
  485  Military Children.—The Governor is authorized and directed to
  486  execute the Interstate Compact on Educational Opportunity for
  487  Military Children on behalf of this state with any other state
  488  or states legally joining therein in the form substantially as
  489  follows:
  490  
  491                  Interstate Compact on Educational                
  492                  Opportunity for Military Children                
  493  
  494                              ARTICLE I                            
  495  
  496         PURPOSE.—It is the purpose of this compact to remove
  497  barriers to educational success imposed on children of military
  498  families because of frequent moves and deployment of their
  499  parents by:
  500         A. Facilitating the timely enrollment of children of
  501  military families and ensuring that they are not placed at a
  502  disadvantage due to difficulty in the transfer of education
  503  records from the previous school district or variations in
  504  entrance or age requirements.
  505         B. Facilitating the student placement process through which
  506  children of military families are not disadvantaged by
  507  variations in attendance requirements, scheduling, sequencing,
  508  grading, course content, or assessment.
  509         C. Facilitating the qualification and eligibility for
  510  enrollment, educational programs, and participation in
  511  extracurricular academic, athletic, and social activities.
  512         D. Facilitating the on-time graduation of children of
  513  military families.
  514         E. Providing for the adoption and enforcement of
  515  administrative rules implementing this compact.
  516         F. Providing for the uniform collection and sharing of
  517  information between and among member states, schools, and
  518  military families under this compact.
  519         G. Promoting coordination between this compact and other
  520  compacts affecting military children.
  521         H. Promoting flexibility and cooperation between the
  522  educational system, parents, and the student in order to achieve
  523  educational success for the student.
  524  
  525                             ARTICLE II                            
  526  
  527         DEFINITIONS.—As used in this compact, unless the context
  528  clearly requires a different construction, the term:
  529         A. “Active duty” means the full-time duty status in the
  530  active uniformed service of the United States, including members
  531  of the National Guard and Reserve on active duty orders pursuant
  532  to 10 U.S.C. ss. 1209 and 1211.
  533         B. “Children of military families” means school-aged
  534  children, enrolled in kindergarten through 12th grade, in the
  535  household of an active-duty member.
  536         C. “Compact commissioner” means the voting representative
  537  of each compacting state appointed under Article VIII of this
  538  compact.
  539         D. “Deployment” means the period 1 month before the service
  540  members’ departure from their home station on military orders
  541  through 6 months after return to their home station.
  542         E. “Educational records” or “education records” means those
  543  official records, files, and data directly related to a student
  544  and maintained by the school or local education agency,
  545  including, but not limited to, records encompassing all the
  546  material kept in the student’s cumulative folder such as general
  547  identifying data, records of attendance and of academic work
  548  completed, records of achievement and results of evaluative
  549  tests, health data, disciplinary status, test protocols, and
  550  individualized education programs.
  551         F. “Extracurricular activities” means a voluntary activity
  552  sponsored by the school or local education agency or an
  553  organization sanctioned by the local education agency.
  554  Extracurricular activities include, but are not limited to,
  555  preparation for and involvement in public performances,
  556  contests, athletic competitions, demonstrations, displays, and
  557  club activities.
  558         G. “Interstate Commission on Educational Opportunity for
  559  Military Children” means the commission that is created under
  560  Article IX of this compact, which is generally referred to as
  561  the Interstate Commission.
  562         H. “Local education agency” means a public authority
  563  legally constituted by the state as an administrative agency to
  564  provide control of, and direction for, kindergarten through 12th
  565  grade public educational institutions.
  566         I. “Member state” means a state that has enacted this
  567  compact.
  568         J. “Military installation” means a base, camp, post,
  569  station, yard, center, homeport facility for any ship, or other
  570  activity under the jurisdiction of the Department of Defense,
  571  including any leased facility, which is located within any of
  572  the several states, the District of Columbia, the Commonwealth
  573  of Puerto Rico, the United States Virgin Islands, Guam, American
  574  Samoa, the Northern Mariana Islands, and any other United States
  575  Territory. The term does not include any facility used primarily
  576  for civil works, rivers and harbors projects, or flood control
  577  projects.
  578         K. “Nonmember state” means a state that has not enacted
  579  this compact.
  580         L. “Receiving state” means the state to which a child of a
  581  military family is sent, brought, or caused to be sent or
  582  brought.
  583         M. “Rule” means a written statement by the Interstate
  584  Commission adopted under Article XII of this compact which is of
  585  general applicability, implements, interprets, or prescribes a
  586  policy or provision of the compact, or an organizational,
  587  procedural, or practice requirement of the Interstate
  588  Commission, and has the force and effect of statutory law in a
  589  member state, and includes the amendment, repeal, or suspension
  590  of an existing rule.
  591         N. “Sending state” means the state from which a child of a
  592  military family is sent, brought, or caused to be sent or
  593  brought.
  594         O. “State” means a state of the United States, the District
  595  of Columbia, the Commonwealth of Puerto Rico, the United States
  596  Virgin Islands, Guam, American Samoa, the Northern Mariana
  597  Islands, and any other United States Territory.
  598         P. “Student” means the child of a military family for whom
  599  the local education agency receives public funding and who is
  600  formally enrolled in kindergarten through 12th grade.
  601         Q. “Transition” means:
  602         1. The formal and physical process of transferring from
  603  school to school; or
  604         2. The period of time in which a student moves from one
  605  school in the sending state to another school in the receiving
  606  state.
  607         R. “Uniformed services” means the Army, Navy, Air Force,
  608  Space Force, Marine Corps, Coast Guard as well as the
  609  Commissioned Corps of the National Oceanic and Atmospheric
  610  Administration, and Public Health Services.
  611         S. “Veteran” means a person who served in the uniformed
  612  services and who was discharged or released therefrom under
  613  conditions other than dishonorable.
  614  
  615                             ARTICLE III                           
  616  
  617         APPLICABILITY.—
  618         A. Except as otherwise provided in Section C, this compact
  619  applies to the children of:
  620         1. Active duty members of the uniformed services, including
  621  members of the National Guard and Reserve on active-duty orders
  622  pursuant to 10 U.S.C. ss. 1209 and 1211;
  623         2. Members or veterans of the uniformed services who are
  624  severely injured and medically discharged or retired for a
  625  period of 1 year after medical discharge or retirement; and
  626         3. Members of the uniformed services who die on active duty
  627  or as a result of injuries sustained on active duty for a period
  628  of 1 year after death.
  629         B. This interstate compact applies to local education
  630  agencies.
  631         C. This compact does not apply to the children of:
  632         1. Inactive members of the National Guard and military
  633  reserves;
  634         2. Members of the uniformed services now retired, except as
  635  provided in Section A;
  636         3. Veterans of the uniformed services, except as provided
  637  in Section A; and
  638         4. Other United States Department of Defense personnel and
  639  other federal agency civilian and contract employees not defined
  640  as active-duty members of the uniformed services.
  641  
  642                             ARTICLE IV                            
  643  
  644         EDUCATIONAL RECORDS AND ENROLLMENT.—
  645         A. If a child’s official education records cannot be
  646  released to the parents for the purpose of transfer, the
  647  custodian of the records in the sending state shall prepare and
  648  furnish to the parent a complete set of unofficial educational
  649  records containing uniform information as determined by the
  650  Interstate Commission. Upon receipt of the unofficial education
  651  records by a school in the receiving state, that school shall
  652  enroll and appropriately place the student based on the
  653  information provided in the unofficial records pending
  654  validation by the official records, as quickly as possible.
  655         B. Simultaneous with the enrollment and conditional
  656  placement of the student, the school in the receiving state
  657  shall request the student’s official education record from the
  658  school in the sending state. Upon receipt of the request, the
  659  school in the sending state shall process and furnish the
  660  official education records to the school in the receiving state
  661  within 10 days or within such time as is reasonably determined
  662  under the rules adopted by the Interstate Commission.
  663         C. Compact states must give 30 days from the date of
  664  enrollment or within such time as is reasonably determined under
  665  the rules adopted by the Interstate Commission for students to
  666  obtain any immunization required by the receiving state. For a
  667  series of immunizations, initial vaccinations must be obtained
  668  within 30 days or within such time as is reasonably determined
  669  under the rules promulgated by the Interstate Commission.
  670         D. Students shall be allowed to continue their enrollment
  671  at grade level in the receiving state commensurate with their
  672  grade level, including kindergarten, from a local education
  673  agency in the sending state at the time of transition,
  674  regardless of age. A student who has satisfactorily completed
  675  the prerequisite grade level in the local education agency in
  676  the sending state is eligible for enrollment in the next highest
  677  grade level in the receiving state, regardless of age. A student
  678  transferring after the start of the school year in the receiving
  679  state shall enter the school in the receiving state on their
  680  validated level from an accredited school in the sending state.
  681  
  682                              ARTICLE V                            
  683  
  684         PLACEMENT AND ATTENDANCE.—
  685         A. If a student transfers before or during the school year,
  686  the receiving state school shall initially honor placement of
  687  the student in educational courses based on the student’s
  688  enrollment in the sending state school or educational
  689  assessments conducted at the school in the sending state if the
  690  courses are offered. Course placement includes, but is not
  691  limited to, Honors, International Baccalaureate, Advanced
  692  Placement, vocational, technical, and career pathways courses.
  693  Continuing the student’s academic program from the previous
  694  school and promoting placement in academically and career
  695  challenging courses should be paramount when considering
  696  placement. A school in the receiving state is not precluded from
  697  performing subsequent evaluations to ensure appropriate
  698  placement and continued enrollment of the student in the
  699  courses.
  700         B. The receiving state school must initially honor
  701  placement of the student in educational programs based on
  702  current educational assessments conducted at the school in the
  703  sending state or participation or placement in like programs in
  704  the sending state. Such programs include, but are not limited
  705  to:
  706         1. Gifted and talented programs; and
  707         2. English as a second language (ESL).
  708  
  709  A school in the receiving state is not precluded from performing
  710  subsequent evaluations to ensure appropriate placement and
  711  continued enrollment of the student in the courses.
  712         C. A receiving state must initially provide comparable
  713  services to a student with disabilities based on his or her
  714  current individualized education program (IEP) in compliance
  715  with the requirements of the Individuals with Disabilities
  716  Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
  717  state must make reasonable accommodations and modifications to
  718  address the needs of incoming students with disabilities,
  719  subject to an existing section 504 or title II plan, to provide
  720  the student with equal access to education, in compliance with
  721  the provisions of Section 504 of the Rehabilitation Act, 29
  722  U.S.C.A. s. 794, and with title II of the Americans with
  723  Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
  724  receiving state is not precluded from performing subsequent
  725  evaluations to ensure appropriate placement and continued
  726  enrollment of the student in the courses.
  727         D. Local education agency administrative officials may
  728  waive course or program prerequisites, or other preconditions
  729  for placement in courses or programs offered under the
  730  jurisdiction of the local education agency.
  731         E. A student whose parent or legal guardian is an active
  732  duty member of the uniformed services and has been called to
  733  duty for, is on leave from, or immediately returned from
  734  deployment to, a combat zone or combat support posting shall be
  735  granted additional excused absences at the discretion of the
  736  local education agency superintendent to visit with his or her
  737  parent or legal guardian relative to such leave or deployment of
  738  the parent or guardian.
  739  
  740                             ARTICLE VI                            
  741  
  742         ELIGIBILITY.—
  743         A. When considering the eligibility of a child for
  744  enrolling in a school:
  745         1. A special power of attorney relative to the guardianship
  746  of a child of a military family and executed under applicable
  747  law is sufficient for the purposes of enrolling the child in
  748  school and for all other actions requiring parental
  749  participation and consent.
  750         2. A local education agency is prohibited from charging
  751  local tuition to a transitioning military child placed in the
  752  care of a noncustodial parent or other person standing in loco
  753  parentis who lives in a school’s jurisdiction different from
  754  that of the custodial parent.
  755         3. A transitioning military child, placed in the care of a
  756  noncustodial parent or other person standing in loco parentis
  757  who lives in a school’s jurisdiction different from that of the
  758  custodial parent, may continue to attend the school in which he
  759  or she was enrolled while residing with the custodial parent.
  760         B. State and local education agencies must facilitate the
  761  opportunity for transitioning military children’s inclusion in
  762  extracurricular activities, regardless of application deadlines,
  763  to the extent they are otherwise qualified.
  764  
  765                             ARTICLE VII                           
  766  
  767         GRADUATION.—In order to facilitate the on-time graduation
  768  of children of military families, states and local education
  769  agencies shall incorporate the following procedures:
  770         A. Local education agency administrative officials shall
  771  waive specific courses required for graduation if similar
  772  coursework has been satisfactorily completed in another local
  773  education agency or shall provide reasonable justification for
  774  denial. If a waiver is not granted to a student who would
  775  qualify to graduate from the sending school, the local education
  776  agency must provide an alternative means of acquiring required
  777  coursework so that graduation may occur on time.
  778         B. States shall accept exit or end-of-course exams required
  779  for graduation from the sending state; national norm-referenced
  780  achievement tests; or alternative testing, in lieu of testing
  781  requirements for graduation in the receiving state. If these
  782  alternatives cannot be accommodated by the receiving state for a
  783  student transferring in his or her senior year, then the
  784  provisions of Article VII, Section C shall apply.
  785         C. If a military student transfers at the beginning of or
  786  during his or her senior year and is not eligible to graduate
  787  from the receiving local education agency after all alternatives
  788  have been considered, the sending and receiving local education
  789  agencies must ensure the receipt of a diploma from the sending
  790  local education agency, if the student meets the graduation
  791  requirements of the sending local education agency. If one of
  792  the states in question is not a member of this compact, the
  793  member state shall use its best efforts to facilitate the on
  794  time graduation of the student in accordance with Sections A and
  795  B of this Article.
  796  
  797                            ARTICLE VIII                           
  798  
  799         STATE COORDINATION.—Each member state shall, through the
  800  creation of a state council or use of an existing body or board,
  801  provide for the coordination among its agencies of government,
  802  local education agencies, and military installations concerning
  803  the state’s participation in, and compliance with, this compact
  804  and Interstate Commission activities.
  805         A. Each member state may determine the membership of its
  806  own state council, but the membership must include at least: the
  807  state superintendent of education, the superintendent of a
  808  school district that has a high concentration of military
  809  children, a representative from a military installation, one
  810  representative each from the legislative and executive branches
  811  of government, and other offices and stakeholder groups the
  812  state council deems appropriate. A member state that does not
  813  have a school district deemed to contain a high concentration of
  814  military children may appoint a superintendent from another
  815  school district to represent local education agencies on the
  816  state council.
  817         B. The state council of each member state shall appoint or
  818  designate a military family education liaison to assist military
  819  families and the state in facilitating the implementation of
  820  this compact.
  821         C. The compact commissioner responsible for the
  822  administration and management of the state’s participation in
  823  the compact shall be appointed by the Governor or as otherwise
  824  determined by each member state.
  825         D. The compact commissioner and the military family
  826  education liaison shall be ex officio members of the state
  827  council, unless either is already a full voting member of the
  828  state council.
  829  
  830                             ARTICLE IX                            
  831  
  832         INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
  833  MILITARY CHILDREN.—The member states hereby create the
  834  “Interstate Commission on Educational Opportunity for Military
  835  Children.” The activities of the Interstate Commission are the
  836  formation of public policy and are a discretionary state
  837  function. The Interstate Commission shall:
  838         A. Be a body corporate and joint agency of the member
  839  states and shall have all the responsibilities, powers, and
  840  duties set forth herein, and such additional powers as may be
  841  conferred upon it by a subsequent concurrent action of the
  842  respective legislatures of the member states in accordance with
  843  the terms of this compact.
  844         B. Consist of one Interstate Commission voting
  845  representative from each member state who shall be that state’s
  846  compact commissioner.
  847         1. Each member state represented at a meeting of the
  848  Interstate Commission is entitled to one vote.
  849         2. A majority of the total member states shall constitute a
  850  quorum for the transaction of business, unless a larger quorum
  851  is required by the bylaws of the Interstate Commission.
  852         3. A representative shall not delegate a vote to another
  853  member state. In the event the compact commissioner is unable to
  854  attend a meeting of the Interstate Commission, the Governor or
  855  state council may delegate voting authority to another person
  856  from their state for a specified meeting.
  857         4. The bylaws may provide for meetings of the Interstate
  858  Commission to be conducted by telecommunication or electronic
  859  communication.
  860         C. Consist of ex officio, nonvoting representatives who are
  861  members of interested organizations. The ex officio members, as
  862  defined in the bylaws, may include, but not be limited to,
  863  members of the representative organizations of military family
  864  advocates, local education agency officials, parent and teacher
  865  groups, the United States Department of Defense, the Education
  866  Commission of the States, the Interstate Agreement on the
  867  Qualification of Educational Personnel, and other interstate
  868  compacts affecting the education of children of military
  869  members.
  870         D. Meet at least once each calendar year. The chairperson
  871  may call additional meetings and, upon the request of a simple
  872  majority of the member states, shall call additional meetings.
  873         E. Establish an executive committee, whose members shall
  874  include the officers of the Interstate Commission and such other
  875  members of the Interstate Commission as determined by the
  876  bylaws. Members of the executive committee shall serve a 1-year
  877  term. Members of the executive committee are entitled to one
  878  vote each. The executive committee shall have the power to act
  879  on behalf of the Interstate Commission, with the exception of
  880  rulemaking, during periods when the Interstate Commission is not
  881  in session. The executive committee shall oversee the day-to-day
  882  activities of the administration of the compact, including
  883  enforcement and compliance with the compact, its bylaws and
  884  rules, and other such duties as deemed necessary. The United
  885  States Department of Defense shall serve as an ex officio,
  886  nonvoting member of the executive committee.
  887         F. The Interstate Commission shall collect standardized
  888  data concerning the educational transition of the children of
  889  military families under this compact as directed through its
  890  rules which shall specify the data to be collected, the means of
  891  collection and data exchange, and reporting requirements. The
  892  methods of data collection, exchange, and reporting shall,
  893  insofar as is reasonably possible, conform to current technology
  894  and coordinate its information functions with the appropriate
  895  custodian of records as identified in the bylaws and rules.
  896         G. The Interstate Commission shall create a procedure that
  897  permits military officials, education officials, and parents to
  898  inform the Interstate Commission if and when there are alleged
  899  violations of the compact or its rules or when issues subject to
  900  the jurisdiction of the compact or its rules are not addressed
  901  by the state or local education agency. This section does not
  902  create a private right of action against the Interstate
  903  Commission or any member state.
  904  
  905                              ARTICLE X                            
  906  
  907         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The
  908  Interstate Commission has the power to:
  909         A. Provide for dispute resolution among member states.
  910         B. Adopt rules and take all necessary actions to effect the
  911  goals, purposes, and obligations as enumerated in this compact.
  912  The rules have the force and effect of statutory law and are
  913  binding in the compact states to the extent and in the manner
  914  provided in this compact.
  915         C. Issue, upon request of a member state, advisory opinions
  916  concerning the meaning or interpretation of the interstate
  917  compact, its bylaws, rules, and actions.
  918         D. Enforce compliance with the compact provisions, the
  919  rules adopted by the Interstate Commission, and the bylaws,
  920  using all necessary and proper means, including, but not limited
  921  to, the use of judicial process.
  922         E. Establish and maintain offices that shall be located
  923  within one or more of the member states.
  924         F. Purchase and maintain insurance and bonds.
  925         G. Borrow, accept, hire, or contract for services of
  926  personnel.
  927         H. Establish and appoint committees, including, but not
  928  limited to, an executive committee as required by Article IX,
  929  Section E, which shall have the power to act on behalf of the
  930  Interstate Commission in carrying out its powers and duties
  931  hereunder.
  932         I. Elect or appoint such officers, attorneys, employees,
  933  agents, or consultants, and to fix their compensation, define
  934  their duties, and determine their qualifications; and to
  935  establish the Interstate Commission’s personnel policies and
  936  programs relating to conflicts of interest, rates of
  937  compensation, and qualifications of personnel.
  938         J. Accept any and all donations and grants of money,
  939  equipment, supplies, materials, and services, and to receive,
  940  utilize, and dispose of it.
  941         K. Lease, purchase, accept contributions or donations of,
  942  or otherwise to own, hold, improve, or use any property, real,
  943  personal, or mixed.
  944         L. Sell, convey, mortgage, pledge, lease, exchange,
  945  abandon, or otherwise dispose of any property, real, personal,
  946  or mixed.
  947         M. Establish a budget and make expenditures.
  948         N. Adopt a seal and bylaws governing the management and
  949  operation of the Interstate Commission.
  950         O. Report annually to the legislatures, governors,
  951  judiciary, and state councils of the member states concerning
  952  the activities of the Interstate Commission during the preceding
  953  year. Such reports shall also include any recommendations that
  954  may have been adopted by the Interstate Commission.
  955         P. Coordinate education, training, and public awareness
  956  regarding the compact, its implementation, and operation for
  957  officials and parents involved in such activity.
  958         Q. Establish uniform standards for the reporting,
  959  collecting, and exchanging of data.
  960         R. Maintain corporate books and records in accordance with
  961  the bylaws.
  962         S. Perform such functions as may be necessary or
  963  appropriate to achieve the purposes of this compact.
  964         T. Provide for the uniform collection and sharing of
  965  information between and among member states, schools, and
  966  military families under this compact.
  967  
  968                             ARTICLE XI                            
  969  
  970         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.—
  971         A. The Interstate Commission shall, by a majority of the
  972  members present and voting, within 12 months after the first
  973  Interstate Commission meeting, adopt bylaws to govern its
  974  conduct as may be necessary or appropriate to carry out the
  975  purposes of the compact, including, but not limited to:
  976         1. Establishing the fiscal year of the Interstate
  977  Commission;
  978         2. Establishing an executive committee and such other
  979  committees as may be necessary;
  980         3. Providing for the establishment of committees and for
  981  governing any general or specific delegation of authority or
  982  function of the Interstate Commission;
  983         4. Providing reasonable procedures for calling and
  984  conducting meetings of the Interstate Commission and ensuring
  985  reasonable notice of each such meeting;
  986         5. Establishing the titles and responsibilities of the
  987  officers and staff of the Interstate Commission;
  988         6. Providing a mechanism for concluding the operations of
  989  the Interstate Commission and the return of surplus funds that
  990  may exist upon the termination of the compact after the payment
  991  and reserving of all of its debts and obligations.
  992         7. Providing “start up” rules for initial administration of
  993  the compact.
  994         B. The Interstate Commission shall, by a majority of the
  995  members, elect annually from among its members a chairperson, a
  996  vice chairperson, and a treasurer, each of whom shall have such
  997  authority and duties as may be specified in the bylaws. The
  998  chairperson or, in the chairperson’s absence or disability, the
  999  vice chairperson shall preside at all meetings of the Interstate
 1000  Commission. The officers so elected shall serve without
 1001  compensation or remuneration from the Interstate Commission;
 1002  provided that, subject to the availability of budgeted funds,
 1003  the officers shall be reimbursed for ordinary and necessary
 1004  costs and expenses incurred by them in the performance of their
 1005  responsibilities as officers of the Interstate Commission.
 1006         C. The executive committee has the authority and duties as
 1007  may be set forth in the bylaws, including, but not limited to:
 1008         1. Managing the affairs of the Interstate Commission in a
 1009  manner consistent with the bylaws and purposes of the Interstate
 1010  Commission;
 1011         2. Overseeing an organizational structure within, and
 1012  appropriate procedures for, the Interstate Commission to provide
 1013  for the adoption of rules, operating procedures, and
 1014  administrative and technical support functions; and
 1015         3. Planning, implementing, and coordinating communications
 1016  and activities with other state, federal, and local government
 1017  organizations in order to advance the goals of the Interstate
 1018  Commission.
 1019         D. The executive committee may, subject to the approval of
 1020  the Interstate Commission, appoint or retain an executive
 1021  director for such period, upon such terms and conditions and for
 1022  such compensation, as the Interstate Commission may deem
 1023  appropriate. The executive director shall serve as secretary to
 1024  the Interstate Commission but is not a member of the Interstate
 1025  Commission. The executive director shall hire and supervise such
 1026  other persons as may be authorized by the Interstate Commission.
 1027         E. The Interstate Commission’s executive director and its
 1028  employees are immune from suit and liability, either personally
 1029  or in their official capacity, for a claim for damage to or loss
 1030  of property or personal injury or other civil liability caused
 1031  or arising out of, or relating to, an actual or alleged act,
 1032  error, or omission that occurred, or that such person had a
 1033  reasonable basis for believing occurred, within the scope of
 1034  Interstate Commission employment, duties, or responsibilities,
 1035  provided that the person is not protected from suit or liability
 1036  for damage, loss, injury, or liability caused by the intentional
 1037  or willful and wanton misconduct of the person.
 1038         1. The liability of the Interstate Commission’s executive
 1039  director and employees or Interstate Commission representatives,
 1040  acting within the scope of the person’s employment or duties,
 1041  for acts, errors, or omissions occurring within the person’s
 1042  state may not exceed the limits of liability set forth under the
 1043  constitution and laws of that state for state officials,
 1044  employees, and agents. The Interstate Commission is considered
 1045  to be an instrumentality of the states for the purposes of any
 1046  such action. This subsection does not protect the person from
 1047  suit or liability for damage, loss, injury, or liability caused
 1048  by the intentional or willful and wanton misconduct of the
 1049  person.
 1050         2. The Interstate Commission shall defend the executive
 1051  director and its employees and, subject to the approval of the
 1052  Attorney General or other appropriate legal counsel of the
 1053  member state represented by an Interstate Commission
 1054  representative, shall defend an Interstate Commission
 1055  representative in any civil action seeking to impose liability
 1056  arising out of an actual or alleged act, error, or omission that
 1057  occurred within the scope of Interstate Commission employment,
 1058  duties, or responsibilities, or that the defendant had a
 1059  reasonable basis for believing occurred within the scope of
 1060  Interstate Commission employment, duties, or responsibilities,
 1061  provided that the actual or alleged act, error, or omission did
 1062  not result from intentional or willful and wanton misconduct on
 1063  the part of the person.
 1064         3. To the extent not covered by the state involved, a
 1065  member state, the Interstate Commission, and the representatives
 1066  or employees of the Interstate Commission shall be held harmless
 1067  in the amount of a settlement or judgment, including attorney’s
 1068  fees and costs, obtained against a person arising out of an
 1069  actual or alleged act, error, or omission that occurred within
 1070  the scope of Interstate Commission employment, duties, or
 1071  responsibilities, or that the person had a reasonable basis for
 1072  believing occurred within the scope of Interstate Commission
 1073  employment, duties, or responsibilities, provided that the
 1074  actual or alleged act, error, or omission did not result from
 1075  intentional or willful and wanton misconduct on the part of the
 1076  person.
 1077  
 1078                             ARTICLE XII                           
 1079  
 1080         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The
 1081  Interstate Commission shall adopt rules to effectively and
 1082  efficiently implement this act to achieve the purposes of this
 1083  compact.
 1084         A. If the Interstate Commission exercises its rulemaking
 1085  authority in a manner that is beyond the scope of the purposes
 1086  of this act, or the powers granted hereunder, the action
 1087  undertaken by the Interstate Commission is invalid and has no
 1088  force or effect.
 1089         B. Rules must be adopted pursuant to a rulemaking process
 1090  that substantially conforms to the “Model State Administrative
 1091  Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
 1092  1 (2000) as amended, as may be appropriate to the operations of
 1093  the Interstate Commission.
 1094         C. No later than 30 days after a rule is adopted, a person
 1095  may file a petition for judicial review of the rule. The filing
 1096  of the petition does not stay or otherwise prevent the rule from
 1097  becoming effective unless a court finds that the petitioner has
 1098  a substantial likelihood of success on the merits of the
 1099  petition. The court shall give deference to the actions of the
 1100  Interstate Commission consistent with applicable law and shall
 1101  not find the rule to be unlawful if the rule represents a
 1102  reasonable exercise of the Interstate Commission’s authority.
 1103         D. If a majority of the legislatures of the compacting
 1104  states rejects a rule by enactment of a statute or resolution in
 1105  the same manner used to adopt the compact, then the rule is
 1106  invalid and has no further force and effect in any compacting
 1107  state.
 1108  
 1109                            ARTICLE XIII                           
 1110  
 1111         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.—
 1112         A. The executive, legislative, and judicial branches of
 1113  state government in each member state shall enforce this compact
 1114  and shall take all actions necessary and appropriate to
 1115  effectuate the compact’s purposes and intent. The provisions of
 1116  this compact and the rules adopted under it have the force and
 1117  effect of statutory law.
 1118         B. All courts shall take judicial notice of the compact and
 1119  its adopted rules in any judicial or administrative proceeding
 1120  in a member state pertaining to the subject matter of this
 1121  compact which may affect the powers, responsibilities, or
 1122  actions of the Interstate Commission.
 1123         C. The Interstate Commission is entitled to receive all
 1124  service of process in any such proceeding, and has standing to
 1125  intervene in the proceeding for all purposes. Failure to provide
 1126  service of process to the Interstate Commission renders a
 1127  judgment or order void as to the Interstate Commission, this
 1128  compact, or its adopted rules.
 1129         D. If the Interstate Commission determines that a member
 1130  state has defaulted in the performance of its obligations or
 1131  responsibilities under this compact, or the bylaws or the
 1132  adopted rules, the Interstate Commission shall:
 1133         1. Provide written notice to the defaulting state and other
 1134  member states of the nature of the default, the means of curing
 1135  the default, and any action taken by the Interstate Commission.
 1136  The Interstate Commission must specify the conditions by which
 1137  the defaulting state must cure its default.
 1138         2. Provide remedial training and specific technical
 1139  assistance regarding the default.
 1140         3. If the defaulting state fails to cure the default,
 1141  terminate the defaulting state from the compact upon an
 1142  affirmative vote of a majority of the member states and all
 1143  rights, privileges, and benefits conferred by this compact shall
 1144  be terminated from the effective date of termination. A cure of
 1145  the default does not relieve the offending state of obligations
 1146  or liabilities incurred during the period of the default.
 1147         E. Suspension or termination of membership in the compact
 1148  may not be imposed on a member until all other means of securing
 1149  compliance have been exhausted. Notice of the intent to suspend
 1150  or terminate membership must be given by the Interstate
 1151  Commission to the Governor, the majority and minority leaders of
 1152  the defaulting state’s legislature, and each of the member
 1153  states.
 1154         F. A state that has been suspended or terminated is
 1155  responsible for all assessments, obligations, and liabilities
 1156  incurred through the effective date of suspension or
 1157  termination, including obligations, the performance of which
 1158  extends beyond the effective date of suspension or termination.
 1159         G. The remaining member states of the Interstate Commission
 1160  do not bear any costs arising from a state that has been found
 1161  to be in default or that has been suspended or terminated from
 1162  the compact, unless otherwise mutually agreed upon in writing
 1163  between the Interstate Commission and the defaulting state.
 1164         H. A defaulting state may appeal the action of the
 1165  Interstate Commission by petitioning the United States District
 1166  Court for the District of Columbia or the federal district where
 1167  the Interstate Commission has its principal offices. The
 1168  prevailing party shall be awarded all costs of such litigation,
 1169  including reasonable attorney’s fees.
 1170         I. The Interstate Commission shall attempt, upon the
 1171  request of a member state, to resolve disputes that are subject
 1172  to the compact and that may arise among member states and
 1173  between member and nonmember states. The Interstate Commission
 1174  shall promulgate a rule providing for both mediation and binding
 1175  dispute resolution for disputes as appropriate.
 1176         1. The Interstate Commission, in the reasonable exercise of
 1177  its discretion, shall enforce the provisions and rules of this
 1178  compact.
 1179         2. The Interstate Commission may, by majority vote of the
 1180  members, initiate legal action in the United States District
 1181  Court for the District of Columbia or, at the discretion of the
 1182  Interstate Commission, in the federal district where the
 1183  Interstate Commission has its principal offices to enforce
 1184  compliance with the provisions of the compact, or its
 1185  promulgated rules and bylaws, against a member state in default.
 1186  The relief sought may include both injunctive relief and
 1187  damages. In the event judicial enforcement is necessary, the
 1188  prevailing party shall be awarded all costs of such litigation,
 1189  including reasonable attorney’s fees.
 1190         3. The remedies herein are not the exclusive remedies of
 1191  the Interstate Commission. The Interstate Commission may avail
 1192  itself of any other remedies available under state law or the
 1193  regulation of a profession.
 1194  
 1195                             ARTICLE XIV                           
 1196  
 1197         FINANCING OF THE INTERSTATE COMMISSION.—
 1198         A. The Interstate Commission shall pay, or provide for the
 1199  payment of, the reasonable expenses of its establishment,
 1200  organization, and ongoing activities.
 1201         B. The Interstate Commission may levy on and collect an
 1202  annual assessment from each member state to cover the cost of
 1203  the operations and activities of the Interstate Commission and
 1204  its staff which must be in a total amount sufficient to cover
 1205  the Interstate Commission’s annual budget as approved each year.
 1206  The aggregate annual assessment amount shall be allocated based
 1207  upon a formula to be determined by the Interstate Commission,
 1208  which shall adopt a rule binding upon all member states.
 1209         C. The Interstate Commission may not incur any obligation
 1210  of any kind before securing the funds adequate to meet the
 1211  obligation and the Interstate Commission may not pledge the
 1212  credit of any of the member states, except by and with the
 1213  permission of the member state.
 1214         D. The Interstate Commission shall keep accurate accounts
 1215  of all receipts and disbursements. The receipts and
 1216  disbursements of the Interstate Commission are subject to audit
 1217  and accounting procedures established under its bylaws. However,
 1218  all receipts and disbursements of funds handled by the
 1219  Interstate Commission shall be audited yearly by a certified or
 1220  licensed public accountant, and the report of the audit shall be
 1221  included in and become part of the annual report of the
 1222  Interstate Commission.
 1223  
 1224                             ARTICLE XV                            
 1225  
 1226         MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.—
 1227         A. Any state is eligible to become a member state.
 1228         B. The compact shall take effect and be binding upon
 1229  legislative enactment of the compact into law by not less than
 1230  10 of the states. The effective date shall be no earlier than
 1231  December 1, 2007. Thereafter, it shall become effective and
 1232  binding as to any other member state upon enactment of the
 1233  compact into law by that state. The governors of nonmember
 1234  states or their designees shall be invited to participate in the
 1235  activities of the Interstate Commission on a nonvoting basis
 1236  before adoption of the compact by all states.
 1237         C. The Interstate Commission may propose amendments to the
 1238  compact for enactment by the member states. An amendment does
 1239  not become effective and binding upon the Interstate Commission
 1240  and the member states until the amendment is enacted into law by
 1241  unanimous consent of the member states.
 1242  
 1243                             ARTICLE XVI                           
 1244  
 1245         WITHDRAWAL AND DISSOLUTION.—
 1246         A. Once in effect, the compact continues in force and
 1247  remains binding upon each and every member state, provided that
 1248  a member state may withdraw from the compact, specifically
 1249  repealing the statute that enacted the compact into law.
 1250         1. Withdrawal from the compact occurs when a statute
 1251  repealing its membership is enacted by the state, but does not
 1252  take effect until 1 year after the effective date of the statute
 1253  and until written notice of the withdrawal has been given by the
 1254  withdrawing state to the Governor of each other member state.
 1255         2. The withdrawing state must immediately notify the
 1256  chairperson of the Interstate Commission in writing upon the
 1257  introduction of legislation repealing this compact in the
 1258  withdrawing state. The Interstate Commission shall notify the
 1259  other member states of the withdrawing state’s intent to
 1260  withdraw within 60 days after its receipt thereof.
 1261         3. A withdrawing state is responsible for all assessments,
 1262  obligations, and liabilities incurred through the effective date
 1263  of withdrawal, including obligations, the performance of which
 1264  extend beyond the effective date of withdrawal.
 1265         4. Reinstatement following withdrawal of a member state
 1266  shall occur upon the withdrawing state reenacting the compact or
 1267  upon such later date as determined by the Interstate Commission.
 1268         B. This compact shall dissolve effective upon the date of
 1269  the withdrawal or default of the member state which reduces the
 1270  membership in the compact to one member state.
 1271         C. Upon the dissolution of this compact, the compact
 1272  becomes void and has no further force or effect, and the
 1273  business and affairs of the Interstate Commission shall be
 1274  concluded and surplus funds shall be distributed in accordance
 1275  with the bylaws.
 1276  
 1277                            ARTICLE XVII                           
 1278  
 1279         SEVERABILITY AND CONSTRUCTION.—
 1280         A. The provisions of this compact shall be severable, and
 1281  if any phrase, clause, sentence, or provision is deemed
 1282  unenforceable, the remaining provisions of the compact shall be
 1283  enforceable.
 1284         B. The provisions of this compact shall be liberally
 1285  construed to effectuate its purposes.
 1286         C. This compact does not prohibit the applicability of
 1287  other interstate compacts to which the states are members.
 1288  
 1289                            ARTICLE XVIII                          
 1290  
 1291         BINDING EFFECT OF COMPACT AND OTHER LAWS.—
 1292         A. This compact does not prevent the enforcement of any
 1293  other law of a member state that is not inconsistent with this
 1294  compact.
 1295         B. All member states’ laws conflicting with this compact
 1296  are superseded to the extent of the conflict.
 1297         C. All lawful actions of the Interstate Commission,
 1298  including all rules and bylaws promulgated by the Interstate
 1299  Commission, are binding upon the member states.
 1300         D. All agreements between the Interstate Commission and the
 1301  member states are binding in accordance with their terms.
 1302         E. If any part of this compact exceeds the constitutional
 1303  limits imposed on the legislature of any member state, the
 1304  provision shall be ineffective to the extent of the conflict
 1305  with the constitutional provision in question in that member
 1306  state.
 1307         Section 23. Subsection (1) of section 1003.051, Florida
 1308  Statutes, is amended to read:
 1309         1003.051 Purple Star Campuses.—
 1310         (1) As used in this section, the term “military student”
 1311  means a student who is:
 1312         (a) Enrolled in a school district, charter school, or any
 1313  school or educational institution participating in an
 1314  educational choice scholarship program established pursuant to
 1315  chapter 1002; and
 1316         (b) A dependent of a current member of the United States
 1317  military serving on active duty in, or a former member of, the
 1318  Army, Navy, Air Force, Space Force, Marine Corps, or Coast
 1319  Guard; a reserve component of any branch of the United States
 1320  military; or the Florida National Guard.
 1321         Section 24. For the purpose of incorporating the amendment
 1322  made by this act to section 250.01, Florida Statutes, in a
 1323  reference thereto, subsection (7) of section 373.324, Florida
 1324  Statutes, is reenacted to read:
 1325         373.324 License renewal.—
 1326         (7) Notwithstanding the renewal requirements in subsection
 1327  (3) and s. 250.4815 for members of the Florida National Guard
 1328  and the United States Armed Forces Reserves, any active water
 1329  well contractor license issued under this part to a
 1330  servicemember as defined in s. 250.01 or his or her spouse, both
 1331  of whom reside in Florida, may not become inactive while the
 1332  servicemember is serving on military orders which take him or
 1333  her over 35 miles from his or her residence and shall be
 1334  considered an active license for up to 180 days after the
 1335  servicemember returns to his or her Florida residence. If the
 1336  license renewal requirements are met within the 180-day
 1337  extension period, the servicemember or his or her spouse may not
 1338  be charged any additional costs, such as, but not limited to,
 1339  late fees or delinquency fees, above the normal license fees.
 1340  This subsection does not waive renewal requirements such as
 1341  registering, continuing education, and all associated fees. The
 1342  servicemember must present to the water management district
 1343  issuing the license a copy of his or her official military
 1344  orders or a written verification from the member’s commanding
 1345  officer before the end of the 180-day period in order to qualify
 1346  for the extension.
 1347         Section 25. For the purpose of incorporating the amendment
 1348  made by this act to section 250.01, Florida Statutes, in a
 1349  reference thereto, paragraph (c) of subsection (1) of section
 1350  409.1664, Florida Statutes, is reenacted to read:
 1351         409.1664 Adoption benefits for qualifying adoptive
 1352  employees of state agencies, veterans, and servicemembers.—
 1353         (1) As used in this section, the term:
 1354         (c) “Servicemember” has the same meaning as in s.
 1355  250.01(19).
 1356         Section 26. For the purpose of incorporating the amendment
 1357  made by this act to section 250.01, Florida Statutes, in a
 1358  reference thereto, subsection (1) of section 520.14, Florida
 1359  Statutes, is reenacted to read:
 1360         520.14 Termination of retail installment contract for
 1361  leasing a motor vehicle by a servicemember.—
 1362         (1) Any servicemember, as defined in s. 250.01, may
 1363  terminate his or her retail installment contract for leasing a
 1364  motor vehicle by providing the sales finance company with a
 1365  written notice of termination, effective on the date specified
 1366  in the notice, which date shall be at least 30 days after the
 1367  receipt of the notice by the sales finance company, if any of
 1368  the following criteria are met:
 1369         (a) The servicemember is required, pursuant to a permanent
 1370  change of station, to move outside the continental United
 1371  States; or
 1372         (b) The servicemember receives temporary duty orders,
 1373  temporary change of station orders, or active duty orders
 1374  outside the continental United States, provided such orders are
 1375  for a period exceeding 60 days.
 1376         Section 27. For the purpose of incorporating the amendment
 1377  made by this act to section 250.01, Florida Statutes, in a
 1378  reference thereto, subsection (5) of section 627.7283, Florida
 1379  Statutes, is reenacted to read:
 1380         627.7283 Cancellation; return of unearned premium.—
 1381         (5) The insurer must refund 100 percent of the unearned
 1382  premium if the insured is a servicemember, as defined in s.
 1383  250.01, who cancels because he or she is called to active duty
 1384  or transferred by the United States Armed Forces to a location
 1385  where the insurance is not required. The insurer may require a
 1386  servicemember to submit either a copy of the official military
 1387  orders or a written verification signed by the servicemember’s
 1388  commanding officer to support the refund authorized under this
 1389  subsection. If the insurer cancels, the insurer must refund 100
 1390  percent of the unearned premium. Cancellation is without
 1391  prejudice to any claim originating prior to the effective date
 1392  of the cancellation. For purposes of this section, unearned
 1393  premiums must be computed on a pro rata basis.
 1394         Section 28. For the purpose of incorporating the amendment
 1395  made by this act to section 250.01, Florida Statutes, in a
 1396  reference thereto, paragraph (d) of subsection (1) of section
 1397  689.27, Florida Statutes, is reenacted to read:
 1398         689.27 Termination by servicemember of agreement to
 1399  purchase real property.—
 1400         (1) Notwithstanding any other provisions of law and for the
 1401  purposes of this section:
 1402         (d) “Servicemember” shall have the same meaning as provided
 1403  in s. 250.01.
 1404         Section 29. For the purpose of incorporating the amendment
 1405  made by this act to section 250.01, Florida Statutes, in a
 1406  reference thereto, subsection (5) of section 790.015, Florida
 1407  Statutes, is reenacted to read:
 1408         790.015 Nonresidents who are United States citizens and
 1409  hold a concealed weapons license in another state; reciprocity.—
 1410         (5) The requirement of paragraph (1)(a) does not apply to a
 1411  person who:
 1412         (a) Is a servicemember, as defined in s. 250.01; or
 1413         (b) Is a veteran of the United States Armed Forces who was
 1414  discharged under honorable conditions.
 1415         Section 30. For the purpose of incorporating the amendment
 1416  made by this act to section 250.01, Florida Statutes, in
 1417  references thereto, subsection (4) and paragraph (b) of
 1418  subsection (11) of section 790.06, Florida Statutes, are
 1419  reenacted to read:
 1420         790.06 License to carry concealed weapon or firearm.—
 1421         (4) The application shall be completed, under oath, on a
 1422  form adopted by the Department of Agriculture and Consumer
 1423  Services and shall include:
 1424         (a) The name, address, place of birth, date of birth, and
 1425  race of the applicant;
 1426         (b) A statement that the applicant is in compliance with
 1427  criteria contained within subsections (2) and (3);
 1428         (c) A statement that the applicant has been furnished a
 1429  copy of or a website link to this chapter and is knowledgeable
 1430  of its provisions;
 1431         (d) A conspicuous warning that the application is executed
 1432  under oath and that a false answer to any question, or the
 1433  submission of any false document by the applicant, subjects the
 1434  applicant to criminal prosecution under s. 837.06;
 1435         (e) A statement that the applicant desires a concealed
 1436  weapon or firearms license as a means of lawful self-defense;
 1437  and
 1438         (f) Directions for an applicant who is a servicemember, as
 1439  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 1440  request expedited processing of his or her application.
 1441         (11)
 1442         (b) A license issued to a servicemember, as defined in s.
 1443  250.01, is subject to paragraph (a); however, such a license
 1444  does not expire while the servicemember is serving on military
 1445  orders that have taken him or her over 35 miles from his or her
 1446  residence and shall be extended, as provided in this paragraph,
 1447  for up to 180 days after his or her return to such residence. If
 1448  the license renewal requirements in paragraph (a) are met within
 1449  the 180-day extension period, the servicemember may not be
 1450  charged any additional costs, such as, but not limited to, late
 1451  fees or delinquency fees, above the normal license fees. The
 1452  servicemember must present to the Department of Agriculture and
 1453  Consumer Services a copy of his or her official military orders
 1454  or a written verification from the member’s commanding officer
 1455  before the end of the 180-day period in order to qualify for the
 1456  extension.
 1457         Section 31. For the purpose of incorporating the amendment
 1458  made by this act to section 250.01, Florida Statutes, in a
 1459  reference thereto, subsection (1) of section 790.062, Florida
 1460  Statutes, is reenacted to read:
 1461         790.062 Members and veterans of United States Armed Forces;
 1462  exceptions from licensure provisions.—
 1463         (1) Notwithstanding s. 790.06(2)(b), the Department of
 1464  Agriculture and Consumer Services shall issue a license to carry
 1465  a concealed weapon or firearm under s. 790.06 if the applicant
 1466  is otherwise qualified and:
 1467         (a) Is a servicemember, as defined in s. 250.01; or
 1468         (b) Is a veteran of the United States Armed Forces who was
 1469  discharged under honorable conditions.
 1470         Section 32. For the purpose of incorporating the amendment
 1471  made by this act to section 250.01, Florida Statutes, in a
 1472  reference thereto, subsection (13) of section 790.065, Florida
 1473  Statutes, is reenacted to read:
 1474         790.065 Sale and delivery of firearms.—
 1475         (13) A person younger than 21 years of age may not purchase
 1476  a firearm. The sale or transfer of a firearm to a person younger
 1477  than 21 years of age may not be made or facilitated by a
 1478  licensed importer, licensed manufacturer, or licensed dealer. A
 1479  person who violates this subsection commits a felony of the
 1480  third degree, punishable as provided in s. 775.082, s. 775.083,
 1481  or s. 775.084. The prohibitions of this subsection do not apply
 1482  to the purchase of a rifle or shotgun by a law enforcement
 1483  officer or correctional officer, as those terms are defined in
 1484  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
 1485  servicemember as defined in s. 250.01.
 1486         Section 33. For the purpose of incorporating the amendment
 1487  made by this act to section 250.01, Florida Statutes, in a
 1488  reference thereto, paragraph (d) of subsection (2) of section
 1489  790.0655, Florida Statutes, is reenacted to read:
 1490         790.0655 Purchase and delivery of firearms; mandatory
 1491  waiting period; exceptions; penalties.—
 1492         (2) The waiting period does not apply in the following
 1493  circumstances:
 1494         (d) When a rifle or shotgun is being purchased by a law
 1495  enforcement officer or correctional officer, as those terms are
 1496  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
 1497  servicemember as defined in s. 250.01.
 1498         Section 34. For the purpose of incorporating the amendment
 1499  made by this act to section 250.01, Florida Statutes, in
 1500  references thereto, subsections (1), (2), and (3) of section
 1501  948.21, Florida Statutes, are reenacted to read:
 1502         948.21 Condition of probation or community control;
 1503  military servicemembers and veterans.—
 1504         (1) Effective for a probationer or community controllee
 1505  whose crime is committed on or after July 1, 2012, and who is a
 1506  veteran, as defined in s. 1.01, or servicemember, as defined in
 1507  s. 250.01, who suffers from a military service-related mental
 1508  illness, traumatic brain injury, substance abuse disorder, or
 1509  psychological problem, the court may, in addition to any other
 1510  conditions imposed, impose a condition requiring the probationer
 1511  or community controllee to participate in a treatment program
 1512  capable of treating the probationer’s or community controllee’s
 1513  mental illness, traumatic brain injury, substance abuse
 1514  disorder, or psychological problem.
 1515         (2) Effective for a probationer or community controllee
 1516  whose crime is committed on or after July 1, 2016, and who is a
 1517  veteran, as defined in s. 1.01, including a veteran who is
 1518  discharged or released under a general discharge, or
 1519  servicemember, as defined in s. 250.01, who suffers from a
 1520  military service-related mental illness, traumatic brain injury,
 1521  substance abuse disorder, or psychological problem, the court
 1522  may, in addition to any other conditions imposed, impose a
 1523  condition requiring the probationer or community controllee to
 1524  participate in a treatment program capable of treating the
 1525  probationer or community controllee’s mental illness, traumatic
 1526  brain injury, substance abuse disorder, or psychological
 1527  problem.
 1528         (3) Effective for a probationer or community controllee
 1529  whose crime is committed on or after October 1, 2019, and who is
 1530  a veteran, as defined in s. 1.01; a veteran who is discharged or
 1531  released under any condition; a servicemember, as defined in s.
 1532  250.01; an individual who is a current or former United States
 1533  Department of Defense contractor; or an individual who is a
 1534  current or former military member of a foreign allied country,
 1535  who suffers from a military service-related mental illness,
 1536  traumatic brain injury, substance abuse disorder, or
 1537  psychological problem, the court may, in addition to any other
 1538  conditions imposed, impose a condition requiring the probationer
 1539  or community controllee to participate in a treatment program
 1540  capable of treating the probationer or community controllee’s
 1541  mental illness, traumatic brain injury, substance abuse
 1542  disorder, or psychological problem.
 1543         Section 35. Except as otherwise expressly provided in this
 1544  act, this act shall take effect July 1, 2022.

feedback