Bill Text: FL S0860 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Military and Veterans Affairs
Spectrum: Slight Partisan Bill (Republican 26-12-2)
Status: (Introduced - Dead) 2014-03-11 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7015 (Ch. 2014-1), CS/CS/CS/HB 851 (Ch. 2014-62) [S0860 Detail]
Download: Florida-2014-S0860-Introduced.html
Bill Title: Military and Veterans Affairs
Spectrum: Slight Partisan Bill (Republican 26-12-2)
Status: (Introduced - Dead) 2014-03-11 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7015 (Ch. 2014-1), CS/CS/CS/HB 851 (Ch. 2014-62) [S0860 Detail]
Download: Florida-2014-S0860-Introduced.html
Florida Senate - 2014 SB 860 By the Committee on Military and Veterans Affairs, Space, and Domestic Security 583-01656-14 2014860__ 1 A bill to be entitled 2 An act relating to military and veterans affairs; 3 amending s. 250.10, F.S.; revising requirements for 4 the Educational Dollars for Duty program developed by 5 the Adjutant General; requiring an Educational Dollars 6 for Duty program applicant to authorize the release of 7 certain information to the Department of Military 8 Affairs; prohibiting the program from paying repeat 9 course fees; authorizing certain online courses to be 10 offered through the program; requiring participating 11 institutions to provide specified information to the 12 Department of Military Affairs; authorizing the 13 department to reimburse certain costs and fees; 14 requiring the Adjutant General to adopt rules relating 15 to specified components of the program; amending s. 16 250.35, F.S.; updating references with respect to 17 courts-martial; creating s. 265.0031, F.S.; providing 18 legislative intent; establishing the Florida Veterans’ 19 Walk of Honor and the Florida Veterans’ Memorial 20 Garden; providing administration and funding, without 21 appropriation of state funds, by the Department of 22 Veterans’ Affairs; requiring the Department of 23 Management Services to set aside an area for the 24 construction of the Walk of Honor and the Memorial 25 Garden; requiring specified donations to be deposited 26 in the account of the direct-support organization 27 within the Department of Veterans’ Affairs; 28 authorizing the organization to use the donations for 29 specified purposes; amending s. 288.0001, F.S.; 30 requiring the Office of the Economic and Demographic 31 Research and the Office of Program Policy Analysis and 32 Government Accountability to provide an analysis of 33 the Veterans Employment and Training Services Program 34 by specified dates; amending s. 295.065, F.S.; 35 revising legislative intent relating to the hiring 36 practices of veterans; amending s. 295.07, F.S.; 37 revising eligibility for preference in appointment and 38 retention by public employers; amending s. 295.08, 39 F.S.; revising point values added to earned ratings of 40 a person eligible to receive preference in appointment 41 to and retention in certain positions by public 42 employers; amending s. 295.085, F.S.; revising 43 preference in appointment, employment, and retention 44 in positions for which numerically based selection 45 processes are not used; conforming cross-references 46 and provisions to changes made by the act; creating s. 47 295.20, F.S.; creating Florida Is for Veterans, Inc., 48 as a nonprofit corporation within the Department of 49 Veterans’ Affairs; specifying the purpose and duties 50 of the corporation; providing for the governance of 51 the corporation by a board of directors; specifying 52 the membership and composition of the board; providing 53 for the appointment of board members and designating 54 terms; providing that members of the board are subject 55 to the Code of Ethics of Public Officers and 56 Employees; providing a penalty for certain violations 57 by board members; authorizing reimbursement for per 58 diem and travel expenses of board members; providing 59 that an appointed member of the board may be removed 60 for cause; authorizing the board to exercise certain 61 powers; providing that the corporation is subject to 62 the state’s public records and meetings laws; 63 providing for administrative and staff support for the 64 nonprofit corporation; authorizing each state agency 65 to provide necessary assistance to the nonprofit 66 corporation; authorizing the Department of Veterans’ 67 Affairs to allow the nonprofit corporation’s use of 68 property, facilities, and personal services; providing 69 exceptions; requiring the nonprofit corporation to 70 submit an annual report to the Governor and the 71 Legislature; prescribing report requirements; 72 requiring the Office of Program Policy Analysis and 73 Government Accountability to conduct a performance 74 audit by a specified date; prescribing audit 75 requirements; requiring that the audit findings be 76 submitted to the Legislature; creating s. 295.21, 77 F.S.; providing legislative findings and intent; 78 creating the Veterans Employment and Training Services 79 Program within the Department of Veterans’ Affairs; 80 providing for administration of the program by Florida 81 is For Veterans, Inc.; specifying duties of the 82 program; requiring Enterprise Florida, Inc., to 83 provide information regarding Florida Is for Veterans, 84 Inc., to prospective businesses; requiring Enterprise 85 Florida, Inc., to collaborate with Florida Is for 86 Veterans, Inc., regarding employment needs; requiring 87 Florida Is for Veterans, Inc., to submit a report to 88 the Governor and the Legislature by a specified date; 89 prescribing report requirements; amending s. 296.06, 90 F.S.; revising residency requirements for eligibility 91 for admittance to the Veterans’ Domiciliary Home of 92 Florida; amending s. 296.36, F.S.; revising residency 93 requirements for eligibility for admittance to the 94 Veterans’ Nursing Home of Florida; amending s. 95 455.213, F.S.; authorizing the person who is the 96 spouse of a military veteran at the time of the 97 veteran’s discharge to apply to the Department of 98 Business and Professional Regulation for certain 99 licenses without paying initial fees; increasing the 100 time period during which a military veteran or his or 101 her spouse at the time of discharge may qualify for a 102 fee waiver; amending ss. 456.013 and 468.304, F.S.; 103 authorizing the Department of Health to waive certain 104 fees for the person who is the spouse of a military 105 veteran at the time of the veteran’s discharge; 106 increasing the time period during which a military 107 veteran or his or her spouse at the time of discharge 108 may qualify for a fee waiver; amending s. 499.012, 109 F.S.; revising permit application requirements under 110 the Florida Drug and Cosmetic Act for natural persons 111 with certain managerial experience in the United 112 States Armed Forces; reenacting s. 1002.36(4)(f), 113 F.S., relating to the board of trustees of the Florida 114 School for the Deaf and the Blind, to incorporate the 115 amendments made to s. 295.07, F.S., in a reference 116 thereto; providing an effective date. 117 118 Be It Enacted by the Legislature of the State of Florida: 119 120 Section 1. Subsections (7) and (8) of section 250.10, 121 Florida Statutes, are amended to read: 122 250.10 Appointment and duties of the Adjutant General.— 123 (7) The Adjutant General shall develop an education 124 assistance program for members in good standing of the Florida 125 National Guard who enroll in an authorized course of study at a 126 public or nonpublic postsecondary institution or technical 127 center in this stateof higher learning in the statewhich has 128 been accredited by an accrediting body recognized by the United 129 States Department of Education or licensed by the Commission for 130 Independent Education. Education assistance also may be used for 131 training to obtain industry certifications approved by the 132 Department of Education pursuant to s. 1008.44 and continuing 133 education to maintain license certifications. The education 134 assistanceThisprogram shall be known as the Educational 135 Dollars for Duty program (EDD). 136 (a) The program shall establishset forthapplication 137 requirements, including, but not limited to, requirements that 138 the applicant: 139 1. Be 17 years of age or older. 140 2. Be presently domiciled in the state. 141 3. Be an active drilling member and in good standing in the 142 Florida National Guard at the beginning of and throughout the 143 entire academic term for which benefits are received. 144 4. Maintain continuous satisfactory participation in the 145 Florida National Guard for any school term for which exemption 146 benefits are received. 147 5. Upon enrollment in the program, complete a memorandum of 148 agreement to comply with the rules of the program and serve in 149 the Florida National Guard for the period specified in the 150 member’s enlistment or reenlistment contract. 151 6. Authorize the release of information as provided in 152 subparagraph (d)7. by the postsecondary institution or technical 153 center to the Education Service Office within the Department of 154 Military Affairs, subject to applicable federal and state law. 155 (b) The program shall define those members of the Florida 156 National Guard who are ineligible to participate in the program 157 and those courses of study which are not authorized for the 158 program. 159 1. Ineligible members include, but are not limited to, any 160 member, commissioned officer, warrant officer, or enlisted 161 person who has obtained a master’s degree using the program. 162 2. Inactive members of the Florida National Guard and 163 members of the Individual Ready Reserve (IRR) are not eligible 164 to participate in the program. 165 3. Courses not authorized include noncredit courses, 166 courses that do not meet degree requirements, courses that do 167 not meet requirements for completion of career training, or 168 other courses as determined by program definitions. 169 4.3.The program may not pay repeat course fees 170developmental education courses are authorized for the program. 171 (c) The program may include, but is not limited to: 172 1. Courses at a public or nonpublic secondary institution 173 or technical center in the state which has been accredited by an 174 accrediting body recognized by the United States Department of 175 Education or licensed by the Commission for Independent 176 Education. 177 2. Training to obtain industry certifications, limited to 178 certifications approved by the Department of Education under s. 179 1008.44. 180 3. Continuing education to maintain a license or 181 certification. 182 4. Licensing and industry certification examination fees. 183 5. Online courses approved by the Adjutant General for the 184 program, pursuant to rules adopted pursuant to paragraph (d). 185 Courses offered as part of a preeminent state research 186 university institute for online learning, as designated in s. 187 1001.7065, are expressly authorized for the program. 188 6. Participation in the Complete Florida Degree Program 189 under s. 1006.735. 190 7. Developmental educational courses, notwithstanding 191 subparagraph (b)3. 192 (d)(c)The Adjutant General shall adopt rules for the 193 overall policy, guidance, administration, implementation, and 194 proper use of the program. Such rules must include, but need not 195 be limited to:,196 1. Guidelines for certification by the Adjutant General of 197 a guard member’s eligibility and,procedures for notification to 198 a postsecondaryaninstitution or technical center of a guard 199 member’s termination of eligibility. 200 2. Guidelines for approving courses of study that are 201 authorized for the program, including online courses, industry 202 certification training, and continuing education to maintain 203 license certifications. 204 3. Guidelines for approving the use of program funds for 205 licensing and industry certification examination fees. 206 4. Guidelines for recommending certain members participate 207 in the Complete Florida Degree Program established pursuant to 208 s. 1006.735. 209 5. Procedures to facilitate the award of academic college 210 credit at public postsecondary educational institutions for 211 college-level training and education acquired in the military 212 pursuant to s. 1004.096.,and213 6. Procedures for restitution when a guard member fails to 214 comply with the penalties described in this section. 215 7. Procedures that require an institution that receives 216 funding from the program provide information regarding course 217 enrollment, course withdrawal, course cancellation, course 218 completion, course failure, and grade verification of enrolled 219 members to the Education Service Office within the Department of 220 Military Affairs. 221 8. Guidelines for the payment of tuition and fees not to 222 exceed the highest in-state tuition rate charged by a public 223 postsecondary institution in this state. 224 (8) Subject to appropriations, the Department of Military 225 Affairs may pay the full cost of tuition and fees for required 226 courses for current members of the Florida National Guard. 227 Members are eligible to use the program upon enlistment in the 228 Florida National Guard. If a member is enrolled in a nonpublic 229 postsecondary education institution or a nonpublic vocational 230 technical program,the Department of Military Affairs shall pay231an amount equal to the amount that would be required to pay for232the averageprogram fees may not exceed the rate of the highest 233 in-state tuition and fees at a public postsecondary education 234 institution or public vocational-technical program. 235 (a) The Department of Military Affairs may reimburse a 236 member for student book costs and fees indexed to tuition in 237 accordance with limits set each fiscal year. Reimbursement shall 238 be based on funding availability and is subject to the Adjutant 239 General’s discretion, including, but not limited to, authority 240 to reimburse book costs regardless of the source of tuition 241 fundingA member may participate in the program if he or she242maintains satisfactory participation in, and is an active243drilling member of, the Florida National Guard. Inactive members244of the Florida National Guard and members of the Individual245Ready Reserve (IRR) are not eligible to participate in the246program. 247 (b) Penalties for noncompliance with program requirements 248 include, but are not limited to, the following: 249 1. If a member of the Florida National Guard receives 250 payment of tuition and fees for ananyacademic term and fails 251 to maintain satisfactory participation in the Florida National 252 Guard during that academic term, the member shall reimburse the 253 Department of Military Affairs all tuition charges and student 254 fees for the academic term for which the member received 255 payment. 256 2. If a member of the Florida National Guard leaves the 257 Florida National Guard during the period specified in the 258 member’s enlistment or reenlistment contract, the member shall 259 reimburse the Department of Military Affairs all tuition charges 260 and student fees for which the member received payments, 261 regardless of whether the obligation to reimburse the department 262 was incurred before, on, or after July 1, 2009, unless the 263 Adjutant General finds that there are justifiable extenuating 264 circumstances. 265 3. If the service of a member of the Florida National Guard 266 is terminated or the member is placed on scholastic probation 267 while receiving payments, the member shall reimburse the 268 Department of Military Affairs all tuition charges and student 269 fees for the academic term for which the member received 270 payment. 271 4. If a member defaults on any reimbursement made under 272 this paragraph, the department may charge the member the maximum 273 interest rate authorized by law. 274 Section 2. Subsections (1) and (2) of section 250.35, 275 Florida Statutes, are amended to read: 276 250.35 Courts-martial.— 277 (1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C. 278 ss. 801 et seq., and the Manual for Courts-Martial (20122008279 Edition) are adopted for use by the Florida National Guard, 280 except as otherwise provided by this chapter. 281 (2) Courts-martial may try any member of the Florida 282 National Guard for any crime or offense made punishable by the 283 Uniform Code of Military Justice (20122008Edition), except 284 that a commissioned officer, warrant officer, or cadet may not 285 be tried by summary courts-martial. 286 Section 3. Section 265.0031, Florida Statutes, is created 287 to read: 288 265.0031 Florida Veterans’ Walk of Honor and Memorial 289 Garden.— 290 (1) It is the intent of the Legislature to recognize and 291 honor those military veterans who, through their works and lives 292 during or after service, have made a significant contribution to 293 this state. 294 (2) There is established the Florida Veterans’ Walk of 295 Honor. 296 (a) The Department of Veterans’ Affairs shall administer 297 the Florida Veterans’ Walk of Honor and fund it through the 298 department’s direct-support organization, established under s. 299 292.055, without appropriation of state funds. 300 (b) The Department of Management Services shall set aside 301 an area of the courtyard in front of the Capitol Building 302 necessary for the construction of the Florida Veterans’ Walk of 303 Honor and shall consult with the Department of Veterans’ Affairs 304 and the department’s direct-support organization regarding the 305 design and theme of the area. 306 (c) Donations made toward the Florida Veterans’ Walk of 307 Honor shall be deposited in a bank account established by the 308 department’s direct-support organization. 309 (3) There is established the Florida Veterans’ Memorial 310 Garden. 311 (a) The Department of Veterans’ Affairs shall administer 312 the Florida Veterans’ Memorial Garden and fund it through the 313 department’s direct-support organization, established under s. 314 292.055, without appropriation of state funds. 315 (b) The Department of Management Services shall set aside 316 an area of the grounds of the Capitol Complex, as defined in s. 317 281.01, for the construction of the Florida Veterans’ Memorial 318 Garden and shall consult with the Department of Veterans’ 319 Affairs and the department’s direct-support organization 320 regarding the design and theme of the area. 321 (c) The department’s direct-support organization may use 322 donations made toward the Florida Veterans’ Walk of Honor to 323 construct the Florida Veterans’ Memorial Garden. 324 Section 4. Paragraph (d) is added to subsection (2) of 325 section 288.0001, Florida Statutes, to read: 326 288.0001 Economic Development Programs Evaluation.—The 327 Office of Economic and Demographic Research and the Office of 328 Program Policy Analysis and Government Accountability (OPPAGA) 329 shall develop and present to the Governor, the President of the 330 Senate, the Speaker of the House of Representatives, and the 331 chairs of the legislative appropriations committees the Economic 332 Development Programs Evaluation. 333 (2) The Office of Economic and Demographic Research and 334 OPPAGA shall provide a detailed analysis of economic development 335 programs as provided in the following schedule: 336 (d) By January 1, 2019, and every 3 years thereafter, an 337 analysis of the grant and entrepreneur initiative programs 338 established under s. 295.21(3)(d) and (e). 339 Section 5. Section 295.065, Florida Statutes, is amended to 340 read: 341 295.065 Legislative intent.—It is the intent of the 342 Legislature to provide preference and priority in the hiring 343 practices of this state as set forth in this chapter.InAll 344 written job announcements and audio and video advertisements 345 used by employing agencies of the state and its political 346 subdivisions must include a notice stating, there shall be a347notationthat certain servicemembers, veterans, and spouses and 348 family members of veterans receive preference and priority in 349 employment by the state and are encouraged to apply for the 350 positions being filled. 351 Section 6. Section 295.07, Florida Statutes, is amended to 352 read: 353 295.07 Preference in appointment and retention.— 354 (1) The state and its political subdivisionsin the state355 shall give preference in appointment and retention in positions 356 of employment to: 357 (a) Those disabled veterans: 358 1. Who have served on active duty in any branch of the 359 Armed Forces of the United States, have received an honorable 360 dischargebeen separated therefrom under honorable conditions, 361 and have established the present existence of a service 362 connected disability thatwhichis compensable under public laws 363 administered by the United StatesU.S.Department of Veterans 364Veterans’Affairs;,or 365 2. Who are receiving compensation, disability retirement 366 benefits, or pension by reason of public laws administered by 367 the United StatesU.S.Department of VeteransVeterans’Affairs 368 and the Department of Defense. 369 (b) The spouse of aanyperson who has a total disability, 370 permanent in nature, resulting from a service-connected 371 disability and who, because of this disability, cannot qualify 372 for employment, and the spouse of aanyperson missing in 373 action, captured in line of duty by a hostile force, or forcibly 374 detained or interned in line of duty by a foreign government or 375 power. 376 (c) A wartime veteranof any waras defined in s. 1.01(14). 377 The veteran must have served at least 1 day during a wartime 378 period to be eligible for veterans’ preference. Active duty for 379 training mayshallnot be allowed for eligibility under this 380 paragraph. 381 (d) The unremarried widow or widower of a veteran who died 382 of a service-connected disability. 383 (e) The mother, father, legal guardian, or unremarried 384 widow or widower of a member of the United States Armed Forces 385 who died in the line of duty under combat-related conditions, as 386 verified by the United States Department of Defense. 387 (f) A veteran as defined in s. 1.01(14). Active duty for 388 training may not be allowed for eligibility under this 389 paragraph. 390 (g) A current member of any reserve component of the United 391 States Armed Forces or the Florida National Guard. 392 (2) The Department of Veterans’ Affairs shall adopt rules 393 to ensure that veterans are given special consideration in the 394 employing agency’s selection and retention processes. The rules 395 must include the award of point values as articulated in s. 396 295.08, if applicable, or, where point values are not relevant, 397 must include procedures to ensure that veterans are given 398 special consideration at each step of the employment selection 399 process, unless the sponsoring governmental entity is a party to 400 a collective bargaining agreement, in which case the collective 401 bargaining agreement must comply within 90 days following 402 ratification of a successor collective bargaining agreement or 403 extension of any existing collective bargaining agreement. 404 (3) Preference in employment and retention may be given 405 only to eligible persons who are described in subsection (1)and406who are residents of this state. 407 (4) The following positions are exempt from this section: 408 (a) Those positions that are exempt from the state Career 409 Service System under s. 110.205(2); however, all positions under 410 the University Support Personnel System of the State University 411 System as well as all Career Service System positions under the 412 Florida College System and the School for the Deaf and the 413 Blind, or the equivalent of such positions at state 414 universities, Florida College System institutions, or the School 415 for the Deaf and the Blind, are included. 416 (b) Positions in political subdivisions of the state which 417 are filled by officers elected by popular vote or persons 418 appointed to fill vacancies in such offices and the personal 419 secretary of each such officer, members of boards and 420 commissions, persons employed on a temporary basis without 421 benefits, heads of departments, positions that require licensure 422 as a physician, licensure as an osteopathic physician, licensure 423 as a chiropractic physician, and positions that require that the 424 employee be a member of The Florida Bar. 425 Section 7. Section 295.08, Florida Statutes, is amended to 426 read: 427 295.08 Positions for which a numerically based selection 428 process is used.—For positions for which an examination is used 429 to determine the qualifications for entrance into employment 430 with the state or political subdivisions in the state, 15 points 431 shall be added to the earned ratings of a person included under 432 s. 295.07(1)(a) and (b), 10 points shall be added to the earned 433 ratings of aanyperson included under s. 295.07(1)(c), (d), or 434 (e)s. 295.07(1)(a) or (b), and 5 points shall be added to the 435 earned ratingsratingof aanyperson included under s. 436 295.07(1)(f) or (g)s. 295.07(1)(c) and (d), if the person has 437 obtained a qualifying score on the examination for the position. 438 The names of persons eligible for preference shall be entered on 439 an appropriate register or list in accordance with their 440 respective augmented ratings. However, except for classes of 441 positions with Federal Government designations of professional 442 or technician, the names of all persons qualified to receive a 443 15-point10-pointpreference whose service-connected 444 disabilities have been rated by the United States Department of 445 Veterans Affairs or its predecessor or the Department of Defense 446 to be 30 percent or more shall be placed at the top of the 447 appropriate register or employment list, in accordance with 448 their respective augmented ratings. The respective augmented 449 rating is the examination score or evaluated score in addition 450 to the applicable veteran’s preference points. 451 Section 8. Section 295.085, Florida Statutes, is amended to 452 read: 453 295.085 Positions for which a numerically based selection 454 process is not used.—In all positions in which the appointment 455 or employment of persons is not subject to a written 456 examination, with the exception of positions that are exempt 457 under s. 295.07(4), first preference in appointment, employment, 458 and retention shall be given by the state and political 459 subdivisions in the state to persons included under s. 460 295.07(1)(a) and (b), and second preference shall be given to 461 persons included under s. 295.07(1)(c)-(g),s. 295.07(1)(c) and462(d)who possess the minimum qualifications necessary to 463 discharge the duties of the position involved. 464 Section 9. Section 295.20, Florida Statutes, is created to 465 read: 466 295.20 Florida Is For Veterans, Inc.— 467 (1) CREATION.—There is created within the Department of 468 Veterans’ Affairs a nonprofit corporation, to be known as 469 Florida Is For Veterans, Inc., which shall be registered, 470 incorporated, organized, and operated in compliance with chapter 471 617, and which is not a unit or entity of state government. As 472 used in this section and s. 295.21, unless the context indicates 473 otherwise, the term “corporation” means Florida Is For Veterans, 474 Inc. The corporation is a separate budget entity and is not 475 subject to the control, supervision, or direction of the 476 department in areas, including, but not limited to, personnel, 477 purchasing, transactions involving real or personal property, or 478 budgetary matters. 479 (2) PURPOSE.—The purpose of the corporation is to promote 480 Florida as a veteran-friendly state that seeks to equip veterans 481 for employment opportunities and that promotes the hiring of 482 veterans by the business community. The corporation should 483 encourage retired and recently separated military personnel to 484 keep or make Florida their permanent residence. The corporation 485 shall promote the value of military skill sets to Florida 486 businesses, assist in tailoring the training of veterans to 487 match the needs of the employment marketplace, and enhance the 488 entrepreneurial skills of veterans. 489 (3) DUTIES.—The corporation shall: 490 (a) Contract with one or more entities in accordance with 491 competitive bidding requirements in s. 287.057. Such entity must 492 have experience conducting market research on the veteran 493 demographic and the tools to reach a target market on a 494 nationwide basis. The corporation shall contract with such 495 entity specifically to: 496 1. Conduct research to identify the target market and the 497 educational and employment needs of those in the target market. 498 2. Develop and conduct a marketing campaign to encourage 499 retired and recently separated military personnel to remain in 500 Florida or to make Florida their permanent residence. 501 3. Develop a process for the dissemination of information 502 to the target market and targeting that information to the 503 interests and needs of veterans of all ages, and which 504 facilitates veterans’ knowledge of and access to benefits. 505 (b) Promote and enhance the value of military skill sets to 506 businesses. 507 (c) Implement the Veterans Employment and Training Services 508 Program established by s. 295.21. 509 (d) Responsibly and prudently manage all funds received, 510 and ensure that the use of such funds is in accordance with all 511 applicable laws, bylaws, or contractual requirements. 512 (e) Administer the programs created in this section and s. 513 295.21. 514 (4) GOVERNANCE.— 515 (a) The corporation shall be governed by a 9-member board 516 of directors. The Governor, the President of the Senate, and the 517 Speaker of the House of Representatives shall each appoint three 518 members to the board. In making appointments, the Governor, the 519 President of the Senate, and the Speaker of the House of 520 Representatives must consider representation by active or 521 retired military personnel and their spouses representing a 522 range of ages and persons with expertise in business, education, 523 marketing, and information management. 524 (b) The board of directors shall annually elect a 525 chairperson from among the board’s members. 526 (c) Each member of the board of directors shall be 527 appointed for a term of 4 years, except that, to achieve 528 staggered terms, the initial appointees of the Governor shall be 529 appointed to terms of 2 years. A member is ineligible for 530 reappointment to the board except that any member appointed to a 531 term of 2 years or less may be reappointed for an additional 532 term of 4 years. The initial appointments to the board must be 533 made by November 15, 2014. Vacancies on the board of directors 534 shall be filled by the officer who originally appointed the 535 member. A vacancy that occurs before the scheduled expiration of 536 the term of the member shall be filled for the remainder of the 537 unexpired term. 538 (d) The Legislature finds that it is in the public interest 539 for the members of the board of directors to be subject to the 540 requirements of ss. 112.313, 112.3135, and 112.3143, 541 notwithstanding the fact that they are not public officers or 542 employees. For purposes of those sections, board members shall 543 be considered to be public officers or employees. In addition to 544 the postemployment restrictions of s. 112.313(9), a person 545 appointed to the board of directors may not have direct interest 546 in a contract, franchise, privilege, project, program, or other 547 benefit arising from an award by the corporation during the 548 appointment term and for 2 years after the termination of such 549 appointment. It is a misdemeanor of the first degree, punishable 550 as provided in s. 775.082 or s. 775.083, for a person to accept 551 appointment to the board of directors in violation of this 552 subsection or to accept a direct interest in any contract, 553 franchise, privilege, project, program, or other benefit granted 554 by the corporation to an awardee within 2 years after the 555 termination of his or her service on the board. Further, each 556 member of the board of directors who is not otherwise required 557 to file financial disclosure under s. 8, Art. II of the State 558 Constitution or s. 112.3144 shall file a statement of financial 559 interests under s. 112.3145. 560 (e) Each member of the board of directors shall serve 561 without compensation, but shall receive reimbursement for travel 562 and per diem expenses as provided in s. 112.061 while performing 563 his or her duties. 564 (f) Each member of the board of directors is accountable 565 for the proper performance of the duties of office and owes a 566 fiduciary duty to the people of this state to ensure that awards 567 provided are disbursed and used as prescribed by law and 568 contract. An appointed member of the board of directors may be 569 removed by the officer who appointed the member for malfeasance, 570 misfeasance, neglect of duty, incompetence, permanent inability 571 to perform official duties, unexcused absence from three 572 consecutive board meetings, arrest, or indictment for a crime 573 that is a felony or a misdemeanor involving theft or a crime of 574 dishonesty, or pleading nolo contendere to or being found guilty 575 of any crime. 576 (g) A majority of the members of the board of directors 577 constitutes a quorum. Council meetings may be held via 578 teleconference or other electronic means. 579 (5) POWERS.—In addition to the powers and duties prescribed 580 in chapter 617 and the articles and bylaws adopted thereunder, 581 the board of directors may: 582 (a) Make and enter into contracts and other instruments 583 necessary or convenient for the exercise of its powers and 584 functions. However, notwithstanding s. 617.0302, the corporation 585 may not issue bonds. 586 (b) Make expenditures, including any necessary 587 administrative expenditure. 588 (c) Adopt, amend, and repeal bylaws, consistent with the 589 powers granted to it under this section or the articles of 590 incorporation, for the administration of the activities of the 591 corporation, and the exercise of its corporate powers. 592 (d) Accept funding for its programs and activities from 593 federal, state, local, and private sources. 594 (e) Adopt and register a fictitious name for use in its 595 marketing activities. 596 (f) Provide for the reversion of moneys and property held 597 by the corporation to the state if the corporation ceases to 598 exist. 599 600 The credit of the State of Florida may not be pledged on behalf 601 of the corporation. 602 (6) APPLICABILITY OF PUBLIC RECORDS AND MEETINGS LAWS.—The 603 corporation is subject to the provisions of chapters 119 and 286 604 relating to public records and meetings, respectively. 605 (7) STAFFING AND ASSISTANCE.— 606 (a) The corporation is authorized to hire or contract for 607 all staff necessary for the proper execution of its powers and 608 duties. All employees of the corporation shall comply with the 609 Code of Ethics for Public Officers and Employees under part III 610 of chapter 112. Corporation staff must agree to refrain from 611 having any direct interest in any contract, franchise, 612 privilege, project, program, or other benefit arising from an 613 award by the corporation during the term of their appointment 614 and for 2 years after the termination of such appointment. 615 (b) All agencies of the state are authorized and directed 616 to provide such technical assistance as the corporation may 617 require to identify programs within each agency which provide 618 assistance or benefits to veterans who are located in this state 619 or who are considering relocation to this state. 620 (c) The Department of Veterans’ Affairs may authorize the 621 corporation’s use of the department’s property, facilities, and 622 personal services, subject to this section. The department may 623 prescribe by contract any condition with which the corporation 624 must comply in order to use the department’s property, 625 facilities, or personal services. 626 (d) The department may not authorize the use of its 627 property, facilities, or personal services if the corporation 628 does not provide equal employment opportunities to all persons 629 regardless of race, color, religion, sex, age, or national 630 origin. 631 (8) REPORTS.—The corporation shall submit an annual 632 progress report and work plan by each December 1 to the 633 Governor, the President of the Senate, and the Speaker of the 634 House of Representatives. The report must include: 635 (a) Status and summary of findings regarding the target 636 market, veteran benefits, and any identified gaps in services. 637 (b) Status of the marketing campaign, delivery systems of 638 the marketing campaign, and outreach to the target market. 639 (c) Status of the Veterans Employment and Training Services 640 Program administered under s. 295.21. 641 (d) Proposed revisions or additions to performance 642 measurements for the programs administered by the corporation. 643 (e) Identification of contracts that the corporation has 644 entered into to carry out its duties. 645 (f) An annual compliance and financial audit of accounts 646 and records for the previous fiscal year prepared by an 647 independent certified public accountant in accordance with rules 648 adopted by the Auditor General. 649 Section 10. By February 1, 2018, the Office of Program 650 Policy Analysis and Government Accountability shall conduct a 651 performance audit of Florida Is For Veterans, Inc. The audit 652 shall assess the implementation and outcomes of activities under 653 ss. 295.20 and 295.21, Florida Statutes, and evaluate the 654 corporation’s accomplishments and progress toward making Florida 655 a veteran-friendly state. The audit must provide recommendations 656 for any necessary improvements. The report of the audit’s 657 findings shall be submitted to the President of the Senate and 658 the Speaker of the House of Representatives. 659 Section 11. Section 295.21, Florida Statutes, is created to 660 read: 661 295.21 Veterans Employment and Training Services Program.— 662 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 663 that this state has a compelling interest in ensuring that each 664 veteran who is a resident of this state finds employment that 665 meets his or her professional goals and receives the training or 666 education necessary to meet those goals. The Legislature also 667 finds that connecting dedicated, well-trained veterans with 668 businesses that need a dedicated, well-trained workforce is of 669 paramount importance. The Legislature recognizes that veterans 670 may not currently have the skills to meet the workforce needs of 671 Florida employers and may require assistance in obtaining 672 additional workforce training or in transitioning their skills 673 to meet the demands of the marketplace. It is the intent of the 674 Legislature that the Veterans Employment and Training Services 675 Program coordinate and meet the needs of veterans and the 676 business community to enhance the economy of this state. 677 (2) CREATION.—The Veterans Employment and Training Services 678 Program is created within the Department of Veterans’ Affairs to 679 assist in linking veterans in search of employment with 680 businesses seeking to hire dedicated, well-trained workers. The 681 purpose of the program is to meet the workforce demands of 682 Florida businesses by facilitating access to training and 683 education in high-demand fields for veterans. 684 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall 685 administer the Veterans Employment and Training Services Program 686 and perform all of the following functions: 687 (a) Conduct marketing and recruiting efforts directed at 688 veterans who reside in or who have an interest in relocating to 689 this state and who are seeking employment. Marketing must 690 include information related to how a veteran’s military 691 experience can be valuable to a business. Such efforts may 692 include attending veteran job fairs and events, hosting events 693 for veterans or the business community, and using digital and 694 social media and direct mail campaigns. The corporation shall 695 also include such marketing as part of its main marketing 696 campaign. 697 (b) Assist veterans who reside in or relocate to this state 698 and who are seeking employment. The corporation shall offer 699 skills assessments to veterans and assist them in establishing 700 employment goals and applying for and achieving gainful 701 employment. 702 1. Assessment may include skill match information, skill 703 gap analysis, resume creation, translation of military skills 704 into civilian workforce skills, and translation of military 705 achievements and experience to generally understood civilian 706 workforce skills. 707 2. Assistance may include providing the veteran with 708 information on current workforce demand by industry or 709 geographic region, creating employment goals, and aiding or 710 teaching general knowledge related to completing applications. 711 The corporation may provide information related to industry 712 certifications approved by the Department of Education under s. 713 1008.44 as well as information related to earning academic 714 college credit at public postsecondary educational institutions 715 for college-level training and education acquired in the 716 military under s. 1004.096. 717 3. The corporation shall encourage veterans to register 718 with the state’s job bank system and may refer veterans to local 719 one-stop career centers for further services. The corporation 720 shall provide each veteran with information about state 721 workforce programs and shall consolidate information about all 722 available resources on one website that, if possible, includes a 723 hyperlink to each resource’s website and contact information, if 724 available. If appropriate, a veteran shall be encouraged to 725 participate in the Complete Florida Degree Program established 726 under s. 1006.735. 727 4. Assessment and assistance may be in person or by 728 electronic means, as determined by the corporation to be most 729 efficient and best meet the needs of veterans. 730 (c) Assist Florida businesses in recruiting and hiring 731 veterans. The corporation shall provide services to Florida 732 businesses to meet their hiring needs by connecting businesses 733 with suitable veteran applicants for employment. Suitable 734 applicants include veterans who have appropriate job skills or 735 may need additional training to meet a business’s specific 736 needs. The corporation shall also provide information about the 737 state and federal benefits of hiring veterans. 738 (d) Create a grant program to provide funding to assist 739 veterans in meeting the workforce-skill needs of businesses 740 seeking to hire veterans, establish criteria for approval of 741 requests for funding, and maximize the use of funding for this 742 program. Grant funds may be used only in the absence of 743 available veteran-specific federally funded programs. Grants may 744 fund specialized training specific to a particular business. 745 1. Grant funds may be allocated to any training provider 746 selected by the business, including a career center, a Florida 747 College System institution, a state university, or an in-house 748 training provider of the business. If grant funds are used to 749 provide a technical certificate, a licensure, or a degree, funds 750 may be allocated only upon a review that includes, but is not 751 limited to, accreditation and licensure documentation. 752 Instruction funded through the program must terminate when 753 participants demonstrate competence at the level specified in 754 the request; however, the grant term may not exceed 48 months. 755 Preference shall be given to target industry businesses, as 756 defined in s. 288.106, and to businesses in the defense supply, 757 cloud virtualization, or commercial aviation manufacturing 758 industries. 759 2. Costs and expenditures for the grant program must be 760 documented and separated from those incurred by the training 761 provider. Costs and expenditures shall be limited to $8,000 per 762 veteran trainee. Eligible costs and expenditures include: 763 a. Tuition and fees; 764 b. Curriculum development; 765 c. Books and classroom materials; 766 d. Rental fees for facilities at public colleges and 767 universities, including virtual training labs; and 768 e. Overhead or indirect costs not to exceed 5 percent of 769 the grant amount. 770 3. Before funds are allocated for a request pursuant to 771 this section, the corporation shall prepare a grant agreement 772 between the business requesting funds, the educational 773 institution or training provider receiving funding through the 774 program, and the corporation. Such agreement must include, but 775 need not be limited to: 776 a. Identification of the personnel necessary to conduct the 777 instructional program, the qualifications of such personnel, and 778 the respective responsibilities of the parties for paying costs 779 associated with the employment of such personnel. 780 b. Identification of the match provided by the business, 781 including cash and in-kind contributions, equal to at least 50 782 percent of the total grant amount. 783 c. Identification of the estimated duration of the 784 instructional program. 785 d. Identification of all direct, training-related costs. 786 e. Identification of special program requirements that are 787 not otherwise addressed in the agreement. 788 f. Permission to access aggregate information specific to 789 the wages and performance of participants upon the completion of 790 instruction for evaluation purposes. The agreement must specify 791 that any evaluation published subsequent to the instruction may 792 not identify the employer or any individual participant. 793 4. A business may receive a grant under the Quick-Response 794 Training Program created under s. 288.047 and a grant under this 795 section for the same veteran trainee. If a business receives 796 funds under both programs, one grant agreement may be entered 797 into with Workforce Florida, Inc., as the grant administrator. 798 (e) Contract with one or more entities to administer an 799 entrepreneur initiative program for veterans in this state which 800 connects Florida’s business leaders with veterans seeking to 801 become entrepreneurs. 802 1. The corporation shall award each contract in accordance 803 with the competitive bidding requirements in s. 287.057 to one 804 or more public or private universities that: 805 a. Demonstrate the ability to implement the program and the 806 commitment of university resources, including financial 807 resources, to such programs; 808 b. Have a military and veteran resource center; 809 c. Have a regional small business development center in the 810 Florida Small Business Development Center Network; and 811 d. As determined by the corporation, have been nationally 812 recognized for commitment to the military and veterans. 813 2. Each contract must include performance metrics, 814 including a focus on employment and business creation. Each 815 university must coordinate with any entrepreneurship center 816 located at the university. The university may also work with an 817 entity offering related programs to refer veterans or to provide 818 services. The entrepreneur initiative program may include 819 activities and assistance such as peer-to-peer learning 820 sessions, mentoring, technical assistance, business roundtables, 821 networking opportunities, support of student organizations, 822 speaker series, or other tools within a virtual environment. 823 (4) DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida, 824 Inc., shall provide information about the corporation and its 825 services to prospective, new, expanding, and relocating 826 businesses seeking to conduct business in this state. Enterprise 827 Florida, Inc., shall, to the greatest extent possible, 828 collaborate with the corporation to meet the employment needs, 829 including meeting job creation requirements, of any business 830 receiving assistance or services from Enterprise Florida, Inc. 831 Section 12. By February 2, 2015, Florida Is For Veterans, 832 Inc., shall submit a report to the Governor, the President of 833 the Senate, and the Speaker of the House of Representatives 834 identifying existing gaps in veteran resources and recommending 835 best practices that may be employed in assisting veterans and 836 improvements to current or new resources and programs. 837 Section 13. Paragraph (b) of subsection (2) of section 838 296.06, Florida Statutes, is amended to read: 839 296.06 State policy; eligibility requirements.— 840 (2) To be eligible for residency in the home, a veteran 841 must: 842 (b)Have been a resident of the state for 1 year843immediately preceding application andBe a resident of the state 844 at the time of application. 845 Section 14. Paragraph (b) of subsection (1) of section 846 296.36, Florida Statutes, is amended to read: 847 296.36 Eligibility and priority of admittance.— 848 (1) To be eligible for admittance to the home, the person 849 must be a veteran as provided in s. 1.01(14) or have eligible 850 peacetime service as defined in s. 296.02 and must: 851 (b) BeHave beena resident of the statefor 1 year852immediately preceding, andat the time of application for,853 admission to the home. 854 Section 15. Subsection (12) of section 455.213, Florida 855 Statutes, is amended to read: 856 455.213 General licensing provisions.— 857 (12) The department shall waive the initial licensing fee, 858 the initial application fee, and the initial unlicensed activity 859 fee for a military veteran or his or her spouse at the time of 860 discharge, if he or shewhoapplies to the department for a 861 license, in a format prescribed by the department, within 6024862 months after the veteran is dischargeddischargefrom any branch 863 of the United States Armed Forces. To qualify for this waiver, 864 the veteran must have been honorably discharged. 865 Section 16. Subsection (13) of section 456.013, Florida 866 Statutes, is amended to read: 867 456.013 Department; general licensing provisions.— 868 (13) The department shall waive the initial licensing fee, 869 the initial application fee, and the initial unlicensed activity 870 fee for a military veteran or his or her spouse at the time of 871 discharge, if he or shewhoapplies to the department for an 872 initial license within 6024months after the veteran isbeing873 honorably discharged from any branch of the United States Armed 874 Forces. The applicant must apply for the fee waiver using a form 875 prescribed by the department and must submit supporting 876 documentation as required by the department. 877 Section 17. Subsection (1) of section 468.304, Florida 878 Statutes, is amended to read: 879 468.304 Certification.—The department shall certify any 880 applicant who meets the following criteria: 881 (1) Pays to the department a nonrefundable fee that may not 882 exceed $100, plus the actual per-applicant cost to the 883 department for purchasing the examination from a national 884 organization. The department shall waive the initial application 885 fee for a military veteran or his or her spouse at the time of 886 discharge, if he or shewhoapplies to the department for an 887 initial certification within 6024months after the veteran is 888beinghonorably discharged from any branch of the United States 889 Armed Forces. The applicant must apply for the fee waiver using 890 a form prescribed by the department and must submit supporting 891 documentation as required by the department. This waiver does 892 not include the fee for purchasing the examination from a 893 national organization. 894 895 The department may not certify any applicant who has committed 896 an offense that would constitute a violation of any of the 897 provisions of s. 468.3101 or applicable rules if the applicant 898 had been certified by the department at the time of the offense. 899 An application for a limited computed tomography certificate may 900 not be accepted. A person holding a valid computed tomography 901 certificate as of October 1, 1984, is subject to s. 468.309. 902 Section 18. Paragraph (b) of subsection (16) of section 903 499.012, Florida Statutes, is amended to read: 904 499.012 Permit application requirements.— 905 (16) 906 (b) To be certified as a designated representative, a 907 natural person must: 908 1. Submit an application on a form furnished by the 909 department and pay the appropriate fees; 910 2. Be at least 18 years of age; 911 3. Have at leastnot less than2 years of verifiable full 912 time: 913 a. Work experience in a pharmacy licensed in this state or 914 another state, where the person’s responsibilities included, but 915 were not limited to, recordkeeping for prescription drugs;, or916have not less than 2 years of verifiable full-time917 b. Managerial experience with a prescription drug wholesale 918 distributor licensed in this state or in another state; or 919 c. Managerial experience with the United States Armed 920 Forces, where the person’s responsibilities included, but were 921 not limited to, recordkeeping, warehousing, distribution, or 922 other logistics services pertaining to prescription drugs; 923 4. Receive a passing score of at least 75 percent on an 924 examination given by the department regarding federal laws 925 governing distribution of prescription drugs and this part and 926 the rules adopted by the department governing the wholesale 927 distribution of prescription drugs. This requirement shall be 928 effective 1 year after the results of the initial examination 929 are mailed to the persons that took the examination. The 930 department shall offer such examinations at least four times 931 each calendar year; and 932 5. Provide the department with a personal information 933 statement and fingerprints pursuant to subsection (9). 934 Section 19. For the purpose of incorporating the amendment 935 made by this act to section 295.07, Florida Statutes, in a 936 reference thereto, paragraph (f) of subsection (4) of section 937 1002.36, Florida Statutes, is reenacted to read: 938 1002.36 Florida School for the Deaf and the Blind.— 939 (4) BOARD OF TRUSTEES.— 940 (f) The board of trustees shall: 941 1. Prepare and submit legislative budget requests for 942 operations and fixed capital outlay, in accordance with chapter 943 216 and ss. 1011.56 and 1013.60, to the Department of Education 944 for review and approval. The department must analyze the amount 945 requested for fixed capital outlay to determine if the request 946 is consistent with the school’s campus master plan, educational 947 plant survey, and facilities master plan. Projections of 948 facility space needs may exceed the norm space and occupant 949 design criteria established in the State Requirements for 950 Educational Facilities. 951 2. Approve and administer an annual operating budget in 952 accordance with ss. 1011.56 and 1011.57. 953 3. Require all funds received other than gifts, donations, 954 bequests, funds raised by or belonging to student clubs or 955 student organizations, and funds held for specific students or 956 in accounts for individual students to be deposited in the State 957 Treasury and expended as authorized in the General 958 Appropriations Act. 959 4. Require all purchases to be in accordance with the 960 provisions of chapter 287 except for purchases made with funds 961 received as gifts, donations, or bequests; funds raised by or 962 belonging to student clubs or student organizations; or funds 963 held for specific students or in accounts for individual 964 students. 965 5. Administer and maintain personnel programs for all 966 employees of the board of trustees and the Florida School for 967 the Deaf and the Blind who shall be state employees, including 968 the personnel classification and pay plan established in 969 accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for 970 academic and academic administrative personnel, the provisions 971 of chapter 110, and the provisions of law that grant authority 972 to the Department of Management Services over such programs for 973 state employees. 974 6. Give preference in appointment and retention in 975 positions of employment as provided within s. 295.07(1). 976 7. Ensure that the Florida School for the Deaf and the 977 Blind complies with s. 1013.351 concerning the coordination of 978 planning between the Florida School for the Deaf and the Blind 979 and local governing bodies. 980 8. Ensure that the Florida School for the Deaf and the 981 Blind complies with s. 112.061 concerning per diem and travel 982 expenses of public officers, employees, and authorized persons 983 with respect to all funds other than funds received as gifts, 984 donations, or bequests; funds raised by or belonging to student 985 clubs or student organizations; or funds held for specific 986 students or in accounts for individual students. 987 9. Adopt a master plan which specifies the mission and 988 objectives of the Florida School for the Deaf and the Blind. The 989 plan shall include, but not be limited to, procedures for 990 systematically measuring the school’s progress toward meeting 991 its objectives, analyzing changes in the student population, and 992 modifying school programs and services to respond to such 993 changes. The plan shall be for a period of 5 years and shall be 994 reviewed for needed modifications every 2 years. The board of 995 trustees shall submit the initial plan and subsequent 996 modifications to the Speaker of the House of Representatives and 997 the President of the Senate. 998 10. Designate a portion of the school as “The Verle Allyn 999 Pope Complex for the Deaf,” in tribute to the late Senator Verle 1000 Allyn Pope. 1001 Section 20. This act shall take effect July 1, 2014.