Bill Text: FL S0922 | 2012 | Regular Session | Enrolled


Bill Title: Military Support

Spectrum: Slight Partisan Bill (Republican 28-12-2)

Status: (Enrolled - Dead) 2012-03-08 - Ordered engrossed, then enrolled -SJ 1063 [S0922 Detail]

Download: Florida-2012-S0922-Enrolled.html
       ENROLLED
       2012 Legislature             CS for CS for SB 922, 2nd Engrossed
       
       
       
       
       
       
                                                              2012922er
    1  
    2         An act relating to military support; amending s.
    3         14.34, F.S.; revising the definition of “exceptional
    4         meritorious service” with respect to the Governor’s
    5         Medal of Merit; amending s. 163.3175, F.S.;
    6         authorizing the Florida Defense Support Task Force to
    7         recommend to the Legislature specified changes in
    8         military installations and local governments under the
    9         Community Planning Act; clarifying and revising
   10         procedures related to exchange of information between
   11         military installations and local governments under the
   12         act; amending s. 196.173, F.S.; authorizing
   13         servicemembers who receive a homestead exemption and
   14         who are deployed in certain military operations to
   15         receive an additional ad valorem tax exemption;
   16         providing a deadline for claiming tax exemptions for
   17         qualifying deployments during the 2011 calendar year;
   18         providing procedures and requirements for filing
   19         applications and petitions to receive the tax
   20         exemption after expiration of the deadline; providing
   21         application; amending s. 265.003, F.S.; creating the
   22         Florida Veterans’ Hall of Fame Council; providing for
   23         membership and terms of appointment; providing for the
   24         appointment of a chair; providing for meetings, a
   25         quorum, and voting; providing for reimbursement of
   26         travel expenses; providing for the removal of an
   27         appointee; providing for the Florida Veterans’ Hall of
   28         Fame Council rather than the Department of Veterans’
   29         Affairs to select nominees for induction into the
   30         Florida Veterans’ Hall of Fame and to establish the
   31         criteria for selection; amending s. 288.972, F.S.;
   32         revising legislative intent with respect to proposed
   33         closure or reuse of military bases; amending s.
   34         288.980, F.S.; creating the Military Base Protection
   35         Program within the Department of Economic Opportunity;
   36         providing for use of program funds; revising
   37         provisions relating to the award of grants for
   38         retention of military installations; revising a
   39         definition; eliminating the Florida Economic
   40         Reinvestment Initiative; establishing the Florida
   41         Defense Reinvestment Grant Program to be administered
   42         by the Department of Economic Opportunity; specifying
   43         purposes of the program; specifying activities for
   44         which grant awards may be provided; eliminating the
   45         Defense-Related Business Adjustment Program, the
   46         Florida Defense Planning Grant Program, the Florida
   47         Defense Implementation Grant Program, the Florida
   48         Military Installation Reuse Planning and Marketing
   49         Grant Program, and the Retention of Military
   50         Installations Program; transferring and reassigning
   51         the functions and responsibilities of the Florida
   52         Council on Military Base and Mission Support within
   53         the Department of Economic Opportunity to the Florida
   54         Defense Support Task Force within the Department of
   55         Economic Opportunity by type two transfer; repealing
   56         s. 288.984, F.S., which establishes the Florida
   57         Council on Military Base and Mission Support and
   58         provides purposes thereof; amending s. 288.985, F.S.;
   59         conforming provisions relating to exempt records and
   60         meetings of the Council on Military Base and Mission
   61         Support; amending s. 288.987, F.S.; revising
   62         provisions relating to the Florida Defense Support
   63         Task Force, to conform; amending s. 295.187, F.S.;
   64         revising legislative intent; renaming and revising the
   65         Florida Service-Disabled Veteran Business Enterprise
   66         Opportunity Act to expand the vendor preference in
   67         state contracting to include certain businesses owned
   68         and operated by wartime veterans or veterans of a
   69         period of war; amending s. 320.089, F.S.; providing
   70         for the issuance of a Combat Infantry Badge license
   71         plate; providing qualifications and requirements for
   72         the plate; providing for the use of proceeds from the
   73         sale of the plate; providing for issuance of a Vietnam
   74         War Veterans’ license plate and the Korean Conflict
   75         Veterans’ license plate; providing qualifications and
   76         requirements for the plates; creating s. 320.0892,
   77         F.S.; providing for the Department of Highway Safety
   78         and Motor Vehicles to issue Silver Star, Distinguished
   79         Service Cross, Navy Cross, and Air Force Cross license
   80         plates, without payment of the license tax, to persons
   81         meeting specified criteria; creating s. 683.146, F.S.;
   82         designating August 7 of each year as “Purple Heart
   83         Day”; providing a short title; creating s. 394.47891,
   84         F.S.; authorizing the chief judge of each judicial
   85         circuit to establish a Military Veterans and
   86         Servicemembers Court Program for specified veterans
   87         and servicemembers; providing criteria for entry into
   88         the program; authorizing a judge to impose a condition
   89         of supervision upon specified probationers and
   90         community controllees requiring such person to
   91         participate in a treatment program; requiring the
   92         court to give preference to certain treatment
   93         programs; providing that the Department of Corrections
   94         is not required to spend state funds to implement
   95         these provisions; amending s. 948.08, F.S.; creating a
   96         pretrial veterans’ and servicemembers’ treatment
   97         intervention program; providing requirements for a
   98         defendant to be voluntarily admitted to the pretrial
   99         program; providing certain exceptions to such
  100         admission; providing for the disposition of pending
  101         charges following a defendant’s completion of the
  102         pretrial intervention program; providing for the
  103         charges to be expunged under certain circumstances;
  104         amending s. 948.16, F.S.; creating a misdemeanor
  105         pretrial veterans’ treatment intervention program;
  106         providing requirements for voluntary admission to the
  107         misdemeanor pretrial program; providing for the
  108         misdemeanor charges to be expunged under certain
  109         circumstances; exempting treatment services provided
  110         by the Department of Veterans’ Affairs or the United
  111         States Department of Veterans Affairs from certain
  112         contract requirements; creating s. 948.21, F.S.;
  113         authorizing a judge to impose a condition of
  114         supervision upon specified probationers and community
  115         controllees requiring such person to participate in a
  116         treatment program; requiring the court to give
  117         preference to certain treatment programs; providing
  118         that the Department of Corrections is not required to
  119         spend state funds to implement these provisions;
  120         creating s. 1004.075, F.S.; requiring certain Florida
  121         College System institutions and state universities to
  122         provide priority course registration for veterans;
  123         providing eligibility requirements; creating s.
  124         1005.09, F.S.; encouraging certain independent
  125         postsecondary educational institutions to provide
  126         priority course registration for veterans; providing
  127         honorary designations of certain transportation
  128         facilities in specified counties; directing the
  129         Department of Transportation to erect suitable
  130         markers; providing effective dates.
  131  
  132  Be It Enacted by the Legislature of the State of Florida:
  133  
  134         Section 1. Subsection (1) of section 14.34, Florida
  135  Statutes, is amended to read:
  136         14.34 Governor’s Medal of Merit.—
  137         (1) The Governor may present, in the name of the State of
  138  Florida, a medal to be known as the “Governor’s Medal of Merit,”
  139  which shall bear a suitable inscription and ribbon of
  140  appropriate design, to:
  141         (a) Any legal resident of this state who has rendered
  142  exceptional meritorious service to the citizens of this state;
  143         (b) Any legal resident of this state who is serving under
  144  honorable conditions on active duty as a member of the United
  145  States Armed Forces, the Florida National Guard, or the United
  146  States Reserve Forces and has rendered exceptional meritorious
  147  service to the citizens of this state while on active duty; or
  148         (c) Any legal resident of this state who has been honorably
  149  discharged from active duty as a member of the United States
  150  Armed Forces, the Florida National Guard, or the United States
  151  Reserve Forces and, while on active duty, rendered exceptional
  152  meritorious service to the citizens of this state.
  153  
  154  As used in this subsection, the term “exceptional meritorious
  155  service” means acts of bravery above and beyond the level of
  156  duty normally required by that person’s respective military or
  157  civilian position.
  158         Section 2. Subsections (3), (5), and (6) of section
  159  163.3175, Florida Statutes, are amended to read:
  160         163.3175 Legislative findings on compatibility of
  161  development with military installations; exchange of information
  162  between local governments and military installations.—
  163         (3) The Florida Defense Support Task Force Council on
  164  Military Base and Mission Support may recommend to the
  165  Legislature changes to the military installations and local
  166  governments specified in subsection (2) based on a military
  167  base’s potential for impacts from encroachment, and incompatible
  168  land uses and development.
  169         (5) The commanding officer or his or her designee may
  170  provide advisory comments to the affected local government on
  171  the impact such proposed changes may have on the mission of the
  172  military installation. Such advisory comments shall be based on
  173  appropriate data and analyses provided with the comments and may
  174  include:
  175         (a) If the installation has an airfield, whether such
  176  proposed changes will be incompatible with the safety and noise
  177  standards contained in the Air Installation Compatible Use Zone
  178  (AICUZ) adopted by the military installation for that airfield;
  179         (b) Whether such changes are incompatible with the
  180  Installation Environmental Noise Management Program (IENMP) of
  181  the United States Army;
  182         (c) Whether such changes are incompatible with the findings
  183  of a Joint Land Use Study (JLUS) for the area if one has been
  184  completed; and
  185         (d) Whether the military installation’s mission will be
  186  adversely affected by the proposed actions of the county or
  187  affected local government.
  188  
  189  The commanding officer’s comments, underlying studies, and
  190  reports shall be considered by the local government in the same
  191  manner as the comments received from other reviewing agencies
  192  pursuant to s. 163.3184 are not binding on the local government.
  193         (6) The affected local government shall take into
  194  consideration any comments and accompanying data and analyses
  195  provided by the commanding officer or his or her designee
  196  pursuant to subsection (4) as they relate to the strategic
  197  mission of the base, public safety, and the economic vitality
  198  associated with the base’s operations, while also respecting and
  199  must also be sensitive to private property rights and not being
  200  be unduly restrictive on those rights. The affected local
  201  government shall forward a copy of any comments regarding
  202  comprehensive plan amendments to the state land planning agency.
  203         Section 3. Effective upon becoming a law and first applying
  204  to ad valorem tax rolls for 2012, subsection (2) of section
  205  196.173, Florida Statutes, is amended to read:
  206         196.173 Exemption for deployed servicemembers.—
  207         (2) The exemption is available to servicemembers who were
  208  deployed during the preceding calendar year on active duty
  209  outside the continental United States, Alaska, or Hawaii in
  210  support of:
  211         (a) Operation Noble Eagle, which began on September 15,
  212  2001;
  213         (b)(a) Operation Enduring Freedom, which began on October
  214  7, 2001;
  215         (c)(b) Operation Iraqi Freedom, which began on March 19,
  216  2003, and ended on August 31, 2010; or
  217         (d)(c) Operation New Dawn, which began on September 1,
  218  2010, and ended on December 15, 2011; or
  219         (e) Operation Odyssey Dawn, which began on March 19, 2011,
  220  and ended on October 31, 2011.
  221  
  222  The Department of Revenue shall notify all property appraisers
  223  and tax collectors in this state of the designated military
  224  operations.
  225         Section 4. This section is effective upon becoming a law.
  226  Notwithstanding the application deadline in s. 196.173(5),
  227  Florida Statutes, the deadline for an eligible servicemember to
  228  file a claim for an additional ad valorem tax exemption for a
  229  qualifying deployment during the 2011 calendar year is June 1,
  230  2012. Any applicant who seeks to claim the additional exemption
  231  and who fails to file an application by June 1 must file an
  232  application for the exemption with the property appraiser on or
  233  before the 25th day following the mailing by the property
  234  appraiser of the notices required under s. 194.011(1), Florida
  235  Statutes. Upon receipt of sufficient evidence, as determined by
  236  the property appraiser, demonstrating the applicant was unable
  237  to apply for the exemption in a timely manner or otherwise
  238  demonstrating extenuating circumstances judged by the property
  239  appraiser to warrant granting the exemption, the property
  240  appraiser may grant the exemption. If the applicant fails to
  241  produce sufficient evidence demonstrating the applicant was
  242  unable to apply for the exemption in a timely manner or
  243  otherwise demonstrating extenuating circumstances as judged by
  244  the property appraiser, the applicant may file, pursuant to s.
  245  194.011(3), Florida Statutes, a petition with the value
  246  adjustment board requesting that the exemption be granted. Such
  247  petition must be filed during the taxable year on or before the
  248  25th day following the mailing of the notice by the property
  249  appraiser as provided in s. 194.011(1), Florida Statutes.
  250  Notwithstanding s. 194.013, Florida Statutes, the applicant is
  251  not required to pay a filing fee for such a petition. Upon
  252  reviewing the petition, if the applicant is qualified to receive
  253  the exemption and demonstrates particular extenuating
  254  circumstances judged by the value adjustment board to warrant
  255  granting the exemption, the value adjustment board may grant the
  256  exemption for the current year.
  257         Section 5. Section 265.003, Florida Statutes, is amended to
  258  read:
  259         265.003 Florida Veterans’ Hall of Fame.—
  260         (1) It is the intent of the Legislature to recognize and
  261  honor those military veterans who, through their works and lives
  262  during or after military service, have made a significant
  263  contribution to the State of Florida.
  264         (2) There is established the Florida Veterans’ Hall of
  265  Fame.
  266         (a) The Florida Veterans’ Hall of Fame is administered by
  267  the Florida Department of Veterans’ Affairs without
  268  appropriation of state funds.
  269         (b) The Department of Management Services shall set aside
  270  an area on the Plaza Level of the Capitol Building along the
  271  northeast front wall and shall consult with the Department of
  272  Veterans’ Affairs regarding the design and theme of the area.
  273         (c) Each person who is inducted into the Florida Veterans’
  274  Hall of Fame shall have his or her name placed on a plaque
  275  displayed in the designated area of the Capitol Building.
  276         (3)(a) The Florida Veterans’ Hall of Fame Council is
  277  created within the Department of Veterans’ Affairs as an
  278  advisory council, as defined in s. 20.03(7), consisting of seven
  279  members who shall all be honorably discharged veterans, and at
  280  least four of whom must be members of a congressionally
  281  chartered veterans service organization. The Governor, the
  282  President of the Senate, the Speaker of the House of
  283  Representatives, the Attorney General, the Chief Financial
  284  Officer, the Commissioner of Agriculture, and the executive
  285  director of the Department of Veterans’ Affairs shall each
  286  appoint one member. For the purposes of ensuring staggered
  287  terms, the council members appointed by the Governor, the
  288  Attorney General, the Chief Financial Officer, and the
  289  Commissioner of Agriculture shall be appointed to 4-year terms
  290  beginning on January 1 of the year of appointment, and the
  291  council members appointed by the President of the Senate, the
  292  Speaker of the House of Representatives, and the executive
  293  director of the Department of Veterans’ Affairs shall be
  294  appointed to 2-year terms beginning on January 1 of the year of
  295  appointment. After the initial appointments, all appointees
  296  shall be appointed to 4-year terms. A member whose term expires
  297  shall continue to serve on the council until such time as a
  298  replacement is appointed.
  299         (b) The members shall annually elect a chair from among
  300  their number. The council shall meet at the call of its chair,
  301  at the request of the executive director of the Department of
  302  Veterans’ Affairs, or at such times as may be prescribed by the
  303  council. A majority of the members of the council currently
  304  appointed constitutes a quorum, and a meeting may not be held
  305  unless a quorum is present. The affirmative vote of a majority
  306  of the members of the council present is necessary for any
  307  official action by the council.
  308         (c) Members of the council may not receive compensation or
  309  honorarium for their services. Members may be reimbursed for
  310  travel expenses incurred in the performance of their duties, as
  311  provided in s. 112.061, however, no state funds may be used for
  312  this purpose.
  313         (d) The original appointing authority may remove his or her
  314  appointee from the council for misconduct or malfeasance in
  315  office, neglect of duty, incompetence, or permanent inability to
  316  perform official duties or if the member is adjudicated guilty
  317  of a felony.
  318         (4)(3)(a) The Florida Veterans’ Hall of Fame Council
  319  Department of Veterans’ Affairs shall annually accept
  320  nominations of persons to be considered for induction into the
  321  Florida Veterans’ Hall of Fame and shall then transmit a list of
  322  up to 20 nominees its recommendations to the Department of
  323  Veterans’ Affairs for submission to the Governor and the Cabinet
  324  who will select the nominees to be inducted.
  325         (b) In selecting its nominees for submission making its
  326  recommendations to the Governor and the Cabinet, the Florida
  327  Veterans’ Hall of Fame Council Department of Veterans’ Affairs
  328  shall give preference to veterans who were born in Florida or
  329  adopted Florida as their home state or base of operation and who
  330  have made a significant contribution to the state in civic,
  331  business, public service, or other pursuits.
  332         (5)(4) The Florida Veterans’ Hall of Fame Council
  333  Department of Veterans’ Affairs may establish criteria and set
  334  specific time periods for acceptance of nominations and for the
  335  process of selection of nominees for membership and establish a
  336  formal induction ceremony to coincide with the annual
  337  commemoration of Veterans’ Day.
  338         Section 6. Subsections (9) and (10) of section 288.972,
  339  Florida Statutes, are amended to read:
  340         288.972 Legislative intent.—It is the policy of this state,
  341  once the Federal Government has proposed any base closure or has
  342  determined that military bases, lands, or installations are to
  343  be closed and made available for reuse, to:
  344         (9) Coordinate the development of the Defense-Related
  345  Business Adjustment Program to increase commercial technology
  346  development by defense companies.
  347         (9)(10) Coordinate the development, maintenance, and
  348  analysis of a workforce database to assist workers adversely
  349  affected by defense-related activities in their relocation
  350  efforts.
  351         Section 7. Section 288.980, Florida Statutes, is amended to
  352  read:
  353         288.980 Military base retention; legislative intent; grants
  354  program.—
  355         (1)(a) It is the intent of this state to provide the
  356  necessary means to assist communities with military
  357  installations in supporting and sustaining those installations
  358  that would be adversely affected by federal base realignment or
  359  closure actions. It is further the intent to encourage
  360  communities to initiate a coordinated program of response and
  361  plan of action in advance of future actions of the federal
  362  government relating to realignments and closures Base
  363  Realignment and Closure Commission. It is critical that closure
  364  vulnerable communities develop and implement strategies such a
  365  program to preserve and protect affected military installations.
  366  The Legislature hereby recognizes that the state needs to
  367  coordinate all efforts that can support facilitate the retention
  368  of all remaining military installations throughout in the state.
  369  The Legislature, therefore, declares that providing such
  370  assistance to support the defense-related initiatives within
  371  this section is a public purpose for which public money may be
  372  used.
  373         (b) The Florida Defense Alliance, an organization within
  374  Enterprise Florida, is designated as the organization to ensure
  375  that Florida, its resident military bases and missions, and its
  376  military host communities are in competitive positions as the
  377  United States continues its defense realignment and downsizing.
  378  The defense alliance shall serve as an overall advisory body for
  379  defense-related activity of Enterprise Florida, Inc. The Florida
  380  Defense Alliance may receive funding from appropriations made
  381  for that purpose administered by the department.
  382         (2) The Military Base Protection Program is created. Funds
  383  appropriated to this program may be used to address emergent
  384  needs relating to mission sustainment and base retention. All
  385  funds appropriated for the purposes of this program are eligible
  386  to be used for matching of federal funds. The department shall
  387  coordinate and implement this program.
  388         (3)(2)(a) The department is authorized to award grants on a
  389  competitive basis from any funds available to it to support
  390  activities related to the Florida Defense Reinvestment Grant
  391  Program and the Florida Defense Infrastructure Grant Program
  392  retention of military installations potentially affected by
  393  federal base closure or realignment.
  394         (b) The term “activities” as used in this section means
  395  studies, presentations, analyses, plans, and modeling. For the
  396  purposes of the Florida Defense Infrastructure Grant Program,
  397  the term “activities” also includes, but is not limited to,
  398  construction, land purchases, and easements. Staff salaries are
  399  not considered an “activity” for which grant funds may be
  400  awarded. Travel costs and costs incidental thereto incurred by a
  401  grant recipient shall be considered an “activity” for which
  402  grant funds may be awarded.
  403         (c) Except for grants issued pursuant to the Florida
  404  Military Installation Reuse Planning and Marketing Grant Program
  405  as described in paragraph (3)(c), the amount of any grant
  406  provided to an applicant may not exceed $250,000. The department
  407  shall require that an applicant:
  408         1. Represent a local government with a military
  409  installation or military installations that could be adversely
  410  affected by federal actions base realignment or closure.
  411         2. Agree to match at least 30 percent of any grant awarded.
  412         3. Prepare a coordinated program or plan of action
  413  delineating how the eligible project will be administered and
  414  accomplished.
  415         4. Provide documentation describing the potential for
  416  changes to the mission realignment or closure of a military
  417  installation located in the applicant’s community and the
  418  potential adverse impacts such changes realignment or closure
  419  will have on the applicant’s community.
  420         (d) In making grant awards the department office shall
  421  consider, at a minimum, the following factors:
  422         1. The relative value of the particular military
  423  installation in terms of its importance to the local and state
  424  economy relative to other military installations vulnerable to
  425  closure.
  426         2. The potential job displacement within the local
  427  community should the mission of the military installation be
  428  changed closed.
  429         3. The potential adverse impact on industries and
  430  technologies which service the military installation.
  431         (4)(3) The Florida Defense Reinvestment Grant Program
  432  Economic Reinvestment Initiative is established to respond to
  433  the need for this state to work in conjunction with defense
  434  dependent communities in developing and implementing strategies
  435  and approaches that will help communities support the missions
  436  of military installations, and in developing and implementing
  437  and defense-dependent communities in this state to develop
  438  alternative economic diversification strategies to transition
  439  from a defense economy to a nondefense economy lessen reliance
  440  on national defense dollars in the wake of base closures and
  441  reduced federal defense expenditures and the need to formulate
  442  specific base reuse plans and identify any specific
  443  infrastructure needed to facilitate reuse. Eligible applicants
  444  include defense-dependent counties and cities, and local
  445  economic development councils located within such communities.
  446  The program initiative shall consist of the following two
  447  distinct grant programs to be administered by the department and
  448  grant awards may be provided to support community-based
  449  activities that:
  450         (a) Protect existing military installations; The Florida
  451  Defense Planning Grant Program, through which funds shall be
  452  used to analyze the extent to which the state is dependent on
  453  defense dollars and defense infrastructure and prepare
  454  alternative economic development strategies. The state shall
  455  work in conjunction with defense-dependent communities in
  456  developing strategies and approaches that will help communities
  457  make the transition from a defense economy to a nondefense
  458  economy. Grant awards may not exceed $250,000 per applicant and
  459  shall be available on a competitive basis.
  460         (b) Diversify the economy of a defense-dependent community;
  461  or The Florida Defense Implementation Grant Program, through
  462  which funds shall be made available to defense-dependent
  463  communities to implement the diversification strategies
  464  developed pursuant to paragraph (a). Eligible applicants include
  465  defense-dependent counties and cities, and local economic
  466  development councils located within such communities. Grant
  467  awards may not exceed $100,000 per applicant and shall be
  468  available on a competitive basis. Awards shall be matched on a
  469  one-to-one basis.
  470         (c) The Florida Military Installation Reuse Planning and
  471  Marketing Grant Program, through which funds shall be used to
  472  help counties, cities, and local economic development councils
  473  Develop and implement plans for the reuse of closed or realigned
  474  military installations, including any plans necessary for
  475  infrastructure improvements needed to facilitate reuse and
  476  related marketing activities.
  477  
  478  Applications for grants under this subsection must include a
  479  coordinated program of work or plan of action delineating how
  480  the eligible project will be administered and accomplished,
  481  which must include a plan for ensuring close cooperation between
  482  civilian and military authorities in the conduct of the funded
  483  activities and a plan for public involvement.
  484         (5)(4) The Defense Infrastructure Grant Program is created.
  485  The department shall coordinate and implement this program, the
  486  purpose of which is to support local infrastructure projects
  487  deemed to have a positive impact on the military value of
  488  installations within the state. Funds are to be used for
  489  projects that benefit both the local community and the military
  490  installation. It is not the intent, however, to fund on-base
  491  military construction projects. Infrastructure projects to be
  492  funded under this program include, but are not limited to, those
  493  related to encroachment, transportation and access, utilities,
  494  communications, housing, environment, and security. Grant
  495  requests will be accepted only from economic development
  496  applicants serving in the official capacity of a governing board
  497  of a county, municipality, special district, or state agency
  498  that will have the authority to maintain the project upon
  499  completion. An applicant must represent a community or county in
  500  which a military installation is located. There is no limit as
  501  to the amount of any grant awarded to an applicant. A match by
  502  the county or local community may be required. The program may
  503  not be used to fund on-base military construction projects. The
  504  department shall establish guidelines to implement the purpose
  505  of this subsection.
  506         (5)(a) The Defense-Related Business Adjustment Program is
  507  hereby created. The department shall coordinate the development
  508  of the Defense-Related Business Adjustment Program. Funds shall
  509  be available to assist defense-related companies in the creation
  510  of increased commercial technology development through
  511  investments in technology. Such technology must have a direct
  512  impact on critical state needs for the purpose of generating
  513  investment-grade technologies and encouraging the partnership of
  514  the private sector and government defense-related business
  515  adjustment. The following areas shall receive precedence in
  516  consideration for funding commercial technology development: law
  517  enforcement or corrections, environmental protection,
  518  transportation, education, and health care. Travel and costs
  519  incidental thereto, and staff salaries, are not considered an
  520  “activity” for which grant funds may be awarded.
  521         (b) The department shall require that an applicant:
  522         1. Be a defense-related business that could be adversely
  523  affected by federal base realignment or closure or reduced
  524  defense expenditures.
  525         2. Agree to match at least 50 percent of any funds awarded
  526  by the United States Department of Defense in cash or in-kind
  527  services. Such match shall be directly related to activities for
  528  which the funds are being sought.
  529         3. Prepare a coordinated program or plan delineating how
  530  the funds will be administered.
  531         4. Provide documentation describing how defense-related
  532  realignment or closure will adversely impact defense-related
  533  companies.
  534         (6) The Retention of Military Installations Program is
  535  created. The department shall coordinate and implement this
  536  program.
  537         (6)(7) The department may award nonfederal matching funds
  538  specifically appropriated for construction, maintenance, and
  539  analysis of a Florida defense workforce database. Such funds
  540  will be used to create a registry of worker skills that can be
  541  used to match the worker needs of companies that are relocating
  542  to this state or to assist workers in relocating to other areas
  543  within this state where similar or related employment is
  544  available.
  545         (7)(8) Payment of administrative expenses shall be limited
  546  to no more than 10 percent of any grants issued pursuant to this
  547  section.
  548         (8)(9) The department shall establish guidelines to
  549  implement and carry out the purpose and intent of this section.
  550         Section 8. (1) This section shall take effect upon this act
  551  becoming a law.
  552         (2) The powers, duties, functions, records, personnel,
  553  property, pending issues, existing contracts, administrative
  554  authority, administrative rules, and unexpended balances of
  555  appropriations, allocations, and other funds of the Florida
  556  Council on Military Base and Mission Support within the
  557  Department of Economic Opportunity are transferred by a type two
  558  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  559  Florida Defense Support Task Force within the Department of
  560  Economic Opportunity.
  561         Section 9. (1) This section shall take effect upon this act
  562  becoming a law.
  563         (2) Section 288.984, Florida Statutes, is repealed.
  564         Section 10. Effective upon this act becoming a law,
  565  subsections (1) and (2) of section 288.985, Florida Statutes,
  566  are amended to read:
  567         288.985 Exemptions from public records and public meetings
  568  requirements.—
  569         (1) The following records held by the Florida Defense
  570  Support Task Force Council on Military Base and Mission Support
  571  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  572  Constitution:
  573         (a) That portion of a record which relates to strengths and
  574  weaknesses of military installations or military missions in
  575  this state relative to the selection criteria for the
  576  realignment and closure of military bases and missions under any
  577  United States Department of Defense base realignment and closure
  578  process.
  579         (b) That portion of a record which relates to strengths and
  580  weaknesses of military installations or military missions in
  581  other states or territories and the vulnerability of such
  582  installations or missions to base realignment or closure under
  583  the United States Department of Defense base realignment and
  584  closure process, and any agreements or proposals to relocate or
  585  realign military units and missions from other states or
  586  territories.
  587         (c) That portion of a record which relates to the state’s
  588  strategy to retain its military bases during any United States
  589  Department of Defense base realignment and closure process and
  590  any agreements or proposals to relocate or realign military
  591  units and missions.
  592         (2) Meetings or portions of meetings of the Florida Defense
  593  Support Task Force Council on Military Base and Mission Support,
  594  or a workgroup of the task force council, at which records are
  595  presented or discussed which are exempt under subsection (1) are
  596  exempt from s. 286.011 and s. 24(b), Art. I of the State
  597  Constitution.
  598         Section 11. Effective upon this act becoming a law,
  599  subsections (2), (5), (6), and (7) of section 288.987, Florida
  600  Statutes, are amended to read:
  601         288.987 Florida Defense Support Task Force.—
  602         (2) The mission of the task force is to make
  603  recommendations to preserve and protect military installations
  604  prepare the state to effectively compete in any federal base
  605  realignment and closure action, to support the state’s position
  606  in research and development related to or arising out of
  607  military missions and contracting, and to improve the state’s
  608  military-friendly environment for service members, military
  609  dependents, military retirees, and businesses that bring
  610  military and base-related jobs to the state.
  611         (5) The executive director of Department of Economic
  612  Opportunity the Office of Tourism, Trade, and Economic
  613  Development within the Executive Office of the Governor, or his
  614  or her designee, shall serve as the ex officio, nonvoting
  615  executive director of the task force.
  616         (6) The chair shall schedule and conduct the first meeting
  617  of the task force by October 1, 2011. The task force shall
  618  submit an annual a progress report and work plan for the
  619  remainder of the 2011-2012 fiscal year to the Governor, the
  620  President of the Senate, and the Speaker of the House of
  621  Representatives by February 1, 2012, and shall submit an annual
  622  report each February 1 thereafter.
  623         (7) The department Office of Tourism, Trade, and Economic
  624  Development shall contract with the task force for expenditure
  625  of appropriated funds, which may be used by the task force for
  626  economic and product research and development, joint planning
  627  with host communities to accommodate military missions and
  628  prevent base encroachment, advocacy on the state’s behalf with
  629  federal civilian and military officials, assistance to school
  630  districts in providing a smooth transition for large numbers of
  631  additional military-related students, job training and placement
  632  for military spouses in communities with high proportions of
  633  active duty military personnel, and promotion of the state to
  634  military and related contractors and employers. The task force
  635  may annually spend up to $200,000 of funds appropriated to the
  636  department Executive Office of the Governor, Office of Tourism,
  637  Trade, and Economic Development, for the task force for staffing
  638  and administrative expenses of the task force, including travel
  639  and per diem costs incurred by task force members who are not
  640  otherwise eligible for state reimbursement.
  641         Section 12. Section 295.187, Florida Statutes, is amended
  642  to read:
  643         295.187 Florida Service-Disabled Veteran Business
  644  Enterprise Opportunity Act.—
  645         (1) SHORT TITLE.—This section may be cited as the “Florida
  646  Service-Disabled Veteran Business Enterprise Opportunity Act.”
  647         (2) INTENT.—It is the intent of the Legislature to rectify
  648  the economic disadvantage of service-disabled veterans, who are
  649  statistically the least likely to be self-employed when compared
  650  to the veteran population as a whole and who have made
  651  extraordinary sacrifices on behalf of the nation, the state, and
  652  the public, by providing opportunities for service-disabled
  653  veteran business enterprises as set forth in this section. The
  654  Legislature also intends to recognize wartime veterans and
  655  veterans of a period of war for their sacrifices as set forth in
  656  this section.
  657         (3) DEFINITIONS.—For the purpose of this section, the term:
  658         (a) “Certified service-disabled veteran business
  659  enterprise” means a business that has been certified by the
  660  Department of Management Services to be a service-disabled
  661  veteran business enterprise as defined in paragraph (c).
  662         (b) “Service-disabled veteran” means a veteran who is a
  663  permanent Florida resident with a service-connected disability
  664  as determined by the United States Department of Veterans
  665  Affairs or who has been terminated from military service by
  666  reason of disability by the United States Department of Defense.
  667         (c) “Service-disabled Veteran business enterprise” means an
  668  independently owned and operated business that:
  669         1. Employs 200 or fewer permanent full-time employees;
  670         2. Together with its affiliates has a net worth of $5
  671  million or less or, if a sole proprietorship, has a net worth of
  672  $5 million or less including both personal and business
  673  investments;
  674         3. Is organized to engage in commercial transactions;
  675         4. Is domiciled in this state;
  676         5. Is at least 51 percent owned by one or more wartime
  677  veterans or service-disabled veterans; and
  678         6. The management and daily business operations of which
  679  are controlled by one or more wartime veterans or service
  680  disabled veterans or, for a service-disabled veteran having with
  681  a permanent and total disability, by the spouse or permanent
  682  caregiver of the veteran.
  683         (d) “Wartime veteran” means:
  684         1. A wartime veteran as defined in s. 1.01(14); or
  685         2. A veteran of a period of war, as used in 38 U.S.C. s.
  686  1521, who served in the active military, naval, or air service:
  687         a. For 90 days or more during a period of war;
  688         b. During a period of war and was discharged or released
  689  from such service for a service-connected disability;
  690         c. For a period of 90 consecutive days or more and such
  691  period began or ended during a period of war; or
  692         d. For an aggregate of 90 days or more in two or more
  693  separate periods of service during more than one period of war.
  694         (4) VENDOR PREFERENCE.—
  695         (a) A state agency, when considering two or more bids,
  696  proposals, or replies for the procurement of commodities or
  697  contractual services, at least one of which is from a certified
  698  service-disabled veteran business enterprise, which that are
  699  equal with respect to all relevant considerations, including
  700  price, quality, and service, shall award such procurement or
  701  contract to the certified service-disabled veteran business
  702  enterprise.
  703         (b) Notwithstanding s. 287.057(11), if a service-disabled
  704  veteran business enterprise entitled to the vendor preference
  705  under this section and one or more businesses entitled to this
  706  preference or another vendor preference provided by law submit
  707  bids, proposals, or replies for procurement of commodities or
  708  contractual services which that are equal with respect to all
  709  relevant considerations, including price, quality, and service,
  710  then the state agency shall award the procurement or contract to
  711  the business having the smallest net worth.
  712         (c) Political subdivisions of the state are encouraged to
  713  offer a similar consideration to businesses certified under this
  714  section.
  715         (5) CERTIFICATION PROCEDURE.—
  716         (a) The application for certification as a service-disabled
  717  veteran business enterprise must, at a minimum, include:
  718         1. The name of the business enterprise applying for
  719  certification and the name of the service-disabled veteran
  720  submitting the application on behalf of the business enterprise.
  721         2. The names of all owners of the business enterprise,
  722  including owners who are wartime veterans, service-disabled
  723  veterans, and owners who are not a wartime veteran or a service
  724  disabled veteran veterans, and the percentage of ownership
  725  interest held by each owner.
  726         3. The names of all persons involved in both the management
  727  and daily operations of the business, including the spouse or
  728  permanent caregiver of a veteran who has with a permanent and
  729  total disability.
  730         4. The service-connected disability rating of all persons
  731  listed under subparagraphs 1., 2., and 3., as applicable, with
  732  supporting documentation from the United States Department of
  733  Veterans Affairs or the United States Department of Defense.
  734         5. Documentation of the wartime service of all persons
  735  listed under subparagraphs 1., 2., and 3., as applicable, from
  736  the United States Department of Veterans Affairs or the United
  737  States Department of Defense.
  738         6.5. The number of permanent full-time employees.
  739         7.6. The location of the business headquarters.
  740         8.7. The total net worth of the business enterprise and its
  741  affiliates. In the case of a sole proprietorship, the net worth
  742  includes personal and business investments.
  743         (b) To maintain certification, a service-disabled veteran
  744  business enterprise shall renew its certification biennially.
  745         (c) The provisions of Chapter 120, relating to application,
  746  denial, and revocation procedures, applies shall apply to
  747  certifications under this section.
  748         (d) A certified service-disabled veteran business
  749  enterprise must notify the Department of Management Services
  750  within 30 business days after any event that may significantly
  751  affect the certification of the business, including, but not
  752  limited to, a change in ownership or change in management and
  753  daily business operations.
  754         (e) The certification of a service-disabled veteran
  755  business enterprise shall be revoked for 12 months if the
  756  Department of Management Services determines that the business
  757  enterprise violated paragraph (d). An owner of a certified
  758  service-disabled veteran business enterprise whose certification
  759  is revoked may is not permitted to reapply for certification
  760  under this section as an owner of any business enterprise during
  761  the 12-month revocation period.
  762         1. During the 12-month revocation period, a service
  763  disabled veteran business enterprise whose certification has
  764  been revoked may bid on state contracts but is not eligible for
  765  any preference available under this section.
  766         2. A service-disabled veteran business enterprise whose
  767  certification has been revoked may apply for certification at
  768  the conclusion of the 12-month revocation period by complying
  769  with requirements applicable to initial certifications.
  770         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
  771  department shall:
  772         (a) Assist the Department of Management Services in
  773  establishing a certification procedure, which shall be reviewed
  774  biennially and updated as necessary.
  775         (b) Identify eligible service-disabled veteran business
  776  enterprises by any electronic means, including electronic mail
  777  or Internet website, or by any other reasonable means.
  778         (c) Encourage and assist eligible service-disabled veteran
  779  business enterprises to apply for certification under this
  780  section.
  781         (d) Provide information regarding services that are
  782  available from the Office of Veterans’ Business Outreach of the
  783  Florida Small Business Development Center to service-disabled
  784  veteran business enterprises.
  785         (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
  786  department shall:
  787         (a) With assistance from the Department of Veterans’
  788  Affairs, establish a certification procedure, which shall be
  789  reviewed biennially and updated as necessary.
  790         (b) Grant, deny, or revoke the certification of a service
  791  disabled veteran business enterprise under this section.
  792         (c) Maintain an electronic directory of certified service
  793  disabled veteran business enterprises for use by the state,
  794  political subdivisions of the state, and the public.
  795         (8) REPORT.—The Small Business Development Center shall
  796  include in its report required by s. 288.705 the percentage of
  797  certified service-disabled veteran business enterprises using
  798  the statewide contracts register.
  799         (9) RULES.—The Department of Veterans’ Affairs and the
  800  Department of Management Services, as appropriate, may adopt
  801  rules as necessary to administer this section.
  802         Section 13. Effective October 1, 2012, section 320.089,
  803  Florida Statutes, is amended to read:
  804         320.089 Members of National Guard and active United States
  805  Armed Forces reservists; former prisoners of war; survivors of
  806  Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
  807  Freedom and Operation Enduring Freedom Veterans; Combat Infantry
  808  Badge recipients; Vietnam War Veterans; Korean Conflict
  809  Veterans; special license plates; fee.—
  810         (1)(a) Each owner or lessee of an automobile or truck for
  811  private use or recreational vehicle as specified in s.
  812  320.08(9)(c) or (d), which is not used for hire or commercial
  813  use, who is a resident of the state and an active or retired
  814  member of the Florida National Guard, a survivor of the attack
  815  on Pearl Harbor, a recipient of the Purple Heart medal, or an
  816  active or retired member of any branch of the United States
  817  Armed Forces Reserve, or a recipient of the Combat Infantry
  818  Badge shall, upon application to the department, accompanied by
  819  proof of active membership or retired status in the Florida
  820  National Guard, proof of membership in the Pearl Harbor
  821  Survivors Association or proof of active military duty in Pearl
  822  Harbor on December 7, 1941, proof of being a Purple Heart medal
  823  recipient, or proof of active or retired membership in any
  824  branch of the Armed Forces Reserve, or proof of membership in
  825  the Combat Infantrymen’s Association, Inc., or other proof of
  826  being a recipient of the Combat Infantry Badge, and upon payment
  827  of the license tax for the vehicle as provided in s. 320.08, be
  828  issued a license plate as provided by s. 320.06, upon which, in
  829  lieu of the serial numbers prescribed by s. 320.06, shall be
  830  stamped the words “National Guard,” “Pearl Harbor Survivor,”
  831  “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
  832  Badge,” as appropriate, followed by the serial number of the
  833  license plate. Additionally, the Purple Heart plate may have the
  834  words “Purple Heart” stamped on the plate and the likeness of
  835  the Purple Heart medal appearing on the plate.
  836         (b) Notwithstanding any other provision of law to the
  837  contrary, beginning with fiscal year 2002-2003 and annually
  838  thereafter, the first $100,000 in general revenue generated from
  839  the sale of license plates issued under this section shall be
  840  deposited into the Grants and Donations Trust Fund, as described
  841  in s. 296.38(2), to be used for the purposes established by law
  842  for that trust fund. Any additional general revenue generated
  843  from the sale of such plates shall be deposited into the State
  844  Homes for Veterans Trust Fund and used solely to construct,
  845  operate, and maintain domiciliary and nursing homes for
  846  veterans, subject to the requirements of chapter 216.
  847         (c) Notwithstanding any provisions of law to the contrary,
  848  an applicant for a Pearl Harbor Survivor license plate or a
  849  Purple Heart license plate who also qualifies for a disabled
  850  veteran’s license plate under s. 320.084 shall be issued the
  851  appropriate special license plate without payment of the license
  852  tax imposed by s. 320.08.
  853         (2) Each owner or lessee of an automobile or truck for
  854  private use, truck weighing not more than 7,999 pounds, or
  855  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  856  which is not used for hire or commercial use, who is a resident
  857  of the state and who is a former prisoner of war, or their
  858  unremarried surviving spouse, shall, upon application therefor
  859  to the department, be issued a license plate as provided in s.
  860  320.06, on which license plate are stamped the words “Ex-POW”
  861  followed by the serial number. Each application shall be
  862  accompanied by proof that the applicant meets the qualifications
  863  specified in paragraph (a) or paragraph (b).
  864         (a) A citizen of the United States who served as a member
  865  of the Armed Forces of the United States or the armed forces of
  866  a nation allied with the United States who was held as a
  867  prisoner of war at such time as the Armed Forces of the United
  868  States were engaged in combat, or their unremarried surviving
  869  spouse, may be issued the special license plate provided for in
  870  this subsection without payment of the license tax imposed by s.
  871  320.08.
  872         (b) A person who was serving as a civilian with the consent
  873  of the United States Government, or a person who was a member of
  874  the Armed Forces of the United States who was not a United
  875  States citizen and was held as a prisoner of war when the Armed
  876  Forces of the United States were engaged in combat, or their
  877  unremarried surviving spouse, may be issued the special license
  878  plate provided for in this subsection upon payment of the
  879  license tax imposed by s. 320.08.
  880         (3) Each owner or lessee of an automobile or truck for
  881  private use, truck weighing not more than 7,999 pounds, or
  882  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  883  which is not used for hire or commercial use, who is a resident
  884  of this state and who is the unremarried surviving spouse of a
  885  recipient of the Purple Heart medal shall, upon application
  886  therefor to the department, with the payment of the required
  887  fees, be issued a license plate as provided in s. 320.06, on
  888  which license plate are stamped the words “Purple Heart” and the
  889  likeness of the Purple Heart medal followed by the serial
  890  number. Each application shall be accompanied by proof that the
  891  applicant is the unremarried surviving spouse of a recipient of
  892  the Purple Heart medal.
  893         (4) The owner or lessee of an automobile or truck for
  894  private use, a truck weighing not more than 7,999 pounds, or a
  895  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  896  which automobile, truck, or recreational vehicle is not used for
  897  hire or commercial use who is a resident of the state and a
  898  current or former member of the United States military who was
  899  deployed and served in Iraq during Operation Iraqi Freedom or in
  900  Afghanistan during Operation Enduring Freedom shall, upon
  901  application to the department, accompanied by proof of active
  902  membership or former active duty status during one of these
  903  operations, and upon payment of the license tax for the vehicle
  904  as provided in s. 320.08, be issued a license plate as provided
  905  by s. 320.06 upon which, in lieu of the registration license
  906  number prescribed by s. 320.06, shall be stamped the words
  907  “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as
  908  appropriate, followed by the registration license number of the
  909  plate.
  910         (5) The owner or lessee of an automobile or truck for
  911  private use, a truck weighing not more than 7,999 pounds, or a
  912  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  913  which automobile, truck, or recreational vehicle is not used for
  914  hire or commercial use, who is a resident of the state and a
  915  current or former member of the United States military, and who
  916  was deployed and served in Vietnam during United States military
  917  deployment in Indochina shall, upon application to the
  918  department, accompanied by proof of active membership or former
  919  active duty status during these operations, and upon payment of
  920  the license tax for the vehicle as provided in s. 320.08, be
  921  issued a license plate as provided by s. 320.06 upon which, in
  922  lieu of the registration license number prescribed by s. 320.06,
  923  shall be stamped the words “Vietnam War Veteran,” followed by
  924  the registration license number of the plate.
  925         (6) The owner or lessee of an automobile or truck for
  926  private use, a truck weighing not more than 7,999 pounds, or a
  927  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  928  which automobile, truck, or recreational vehicle is not used for
  929  hire or commercial use, who is a resident of the state and a
  930  current or former member of the United States military, and who
  931  was deployed and served in Korea during United States military
  932  deployment in Korea shall, upon application to the department,
  933  accompanied by proof of active membership or former active duty
  934  status during these operations, and upon payment of the license
  935  tax for the vehicle as provided in s. 320.08, be issued a
  936  license plate as provided by s. 320.06 upon which, in lieu of
  937  the registration license number prescribed by s. 320.06, shall
  938  be stamped the words “Korean Conflict Veteran,” followed by the
  939  registration license number of the plate.
  940         Section 14. Effective October 1, 2012, section 320.0892,
  941  Florida Statutes, is created to read:
  942         320.0892 Motor vehicle license plates for recipients of the
  943  Silver Star, Distinguished Service Cross, Navy Cross, or Air
  944  Force Cross.—Upon receipt of an application and proof that the
  945  applicant meets the qualifications listed in this section for
  946  the applicable license plate, the department shall issue the
  947  license plate without payment of the license tax imposed under
  948  s. 320.08:
  949         (1) SILVER STAR.—Any United States citizen who is a
  950  resident of Florida and who was awarded the Silver Star while
  951  serving as a member of the United States Armed Forces shall be
  952  issued a license plate on which is stamped the words “Silver
  953  Star” followed by the serial number.
  954         (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen
  955  who is a resident of Florida and who was awarded the
  956  Distinguished Service Cross while serving as a member of the
  957  United States Armed Forces shall be issued a license plate on
  958  which is stamped the words “Distinguished Service Cross”
  959  followed by the serial number.
  960         (3) NAVY CROSS.—Any United States citizen who is a resident
  961  of Florida and who was awarded the Navy Cross while serving as a
  962  member of the United States Armed Forces shall be issued a
  963  license plate on which is stamped the words “Navy Cross”
  964  followed by the serial number.
  965         (4) AIR FORCE CROSS.—Any United States citizen who is a
  966  resident of Florida and who was awarded the Air Force Cross
  967  while serving as a member of the United States Armed Forces
  968  shall be issued a license plate on which is stamped the words
  969  “Air Force Cross” followed by the serial number.
  970         Section 15. Section 683.146, Florida Statutes, is created
  971  to read:
  972         683.146 Purple Heart Day.—
  973         (1) August 7 of each year is designated as “Purple Heart
  974  Day.”
  975         (2) The Governor may annually issue a proclamation
  976  designating August 7 as “Purple Heart Day.” Public officials,
  977  schools, private organizations, and all residents of the state
  978  are encouraged to commemorate Purple Heart Day and honor those
  979  wounded or killed while serving in any branch of the United
  980  States Armed Services.
  981         Section 16. Sections 16 through 20 of this act may be cited
  982  as the “T. Patt Maney Veterans’ Treatment Intervention Act.”
  983         Section 17. Section 394.47891, Florida Statutes, is created
  984  to read:
  985         394.47891 Military veterans and servicemembers court
  986  programs.—The chief judge of each judicial circuit may establish
  987  a Military Veterans and Servicemembers Court Program under which
  988  veterans, as defined in s. 1.01, and servicemembers, as defined
  989  in s. 250.01, who are convicted of a criminal offense and who
  990  suffer from a military-related mental illness, traumatic brain
  991  injury, substance abuse disorder, or psychological problem can
  992  be sentenced in accordance with chapter 921 in a manner that
  993  appropriately addresses the severity of the mental illness,
  994  traumatic brain injury, substance abuse disorder, or
  995  psychological problem through services tailored to the
  996  individual needs of the participant. Entry into any Military
  997  Veterans and Servicemembers Court Program must be based upon the
  998  sentencing court’s assessment of the defendant’s criminal
  999  history, military service, substance abuse treatment needs,
 1000  mental health treatment needs, amenability to the services of
 1001  the program, the recommendation of the state attorney and the
 1002  victim, if any, and the defendant’s agreement to enter the
 1003  program.
 1004         Section 18. Present subsection (7) of section 948.08,
 1005  Florida Statutes, is renumbered as subsection (8), and a new
 1006  subsection (7) is added to that section, to read:
 1007         948.08 Pretrial intervention program.—
 1008         (7)(a) Notwithstanding any provision of this section, a
 1009  person who is charged with a felony, other than a felony listed
 1010  in s. 948.06(8)(c), and identified as a veteran, as defined in
 1011  s. 1.01, or servicemember, as defined in s. 250.01, who suffers
 1012  from a military service-related mental illness, traumatic brain
 1013  injury, substance abuse disorder, or psychological problem, is
 1014  eligible for voluntary admission into a pretrial veterans’
 1015  treatment intervention program approved by the chief judge of
 1016  the circuit, upon motion of either party or the court’s own
 1017  motion, except:
 1018         1. If a defendant was previously offered admission to a
 1019  pretrial veterans’ treatment intervention program at any time
 1020  before trial and the defendant rejected that offer on the
 1021  record, the court may deny the defendant’s admission to such a
 1022  program.
 1023         2. If a defendant previously entered a court-ordered
 1024  veterans’ treatment program, the court may deny the defendant’s
 1025  admission into the pretrial veterans’ treatment program.
 1026         (b) While enrolled in a pretrial intervention program
 1027  authorized by this subsection, the participant shall be subject
 1028  to a coordinated strategy developed by a veterans’ treatment
 1029  intervention team. The coordinated strategy should be modeled
 1030  after the therapeutic jurisprudence principles and key
 1031  components in s. 397.334(4), with treatment specific to the
 1032  needs of servicemembers and veterans. The coordinated strategy
 1033  may include a protocol of sanctions that may be imposed upon the
 1034  participant for noncompliance with program rules. The protocol
 1035  of sanctions may include, but need not be limited to, placement
 1036  in a treatment program offered by a licensed service provider or
 1037  in a jail-based treatment program or serving a period of
 1038  incarceration within the time limits established for contempt of
 1039  court. The coordinated strategy must be provided in writing to
 1040  the participant before the participant agrees to enter into a
 1041  pretrial veterans’ treatment intervention program or other
 1042  pretrial intervention program. Any person whose charges are
 1043  dismissed after successful completion of the pretrial veterans’
 1044  treatment intervention program, if otherwise eligible, may have
 1045  his or her arrest record to the dismissed charges expunged under
 1046  s. 943.0585.
 1047         (c) At the end of the pretrial intervention period, the
 1048  court shall consider the recommendation of the treatment program
 1049  and the recommendation of the state attorney as to disposition
 1050  of the pending charges. The court shall determine, by written
 1051  finding, whether the defendant has successfully completed the
 1052  pretrial intervention program. If the court finds that the
 1053  defendant has not successfully completed the pretrial
 1054  intervention program, the court may order the person to continue
 1055  in education and treatment, which may include treatment programs
 1056  offered by licensed service providers or jail-based treatment
 1057  programs, or order that the charges revert to normal channels
 1058  for prosecution. The court shall dismiss the charges upon a
 1059  finding that the defendant has successfully completed the
 1060  pretrial intervention program.
 1061         Section 19. Section 948.16, Florida Statutes, is amended to
 1062  read:
 1063         948.16 Misdemeanor pretrial substance abuse education and
 1064  treatment intervention program; misdemeanor pretrial veterans’
 1065  treatment intervention program.—
 1066         (1)(a) A person who is charged with a misdemeanor for
 1067  possession of a controlled substance or drug paraphernalia under
 1068  chapter 893, and who has not previously been convicted of a
 1069  felony nor been admitted to a pretrial program, is eligible for
 1070  voluntary admission into a misdemeanor pretrial substance abuse
 1071  education and treatment intervention program, including a
 1072  treatment-based drug court program established pursuant to s.
 1073  397.334, approved by the chief judge of the circuit, for a
 1074  period based on the program requirements and the treatment plan
 1075  for the offender, upon motion of either party or the court’s own
 1076  motion, except, if the state attorney believes the facts and
 1077  circumstances of the case suggest the defendant is involved in
 1078  dealing and selling controlled substances, the court shall hold
 1079  a preadmission hearing. If the state attorney establishes, by a
 1080  preponderance of the evidence at such hearing, that the
 1081  defendant was involved in dealing or selling controlled
 1082  substances, the court shall deny the defendant’s admission into
 1083  the pretrial intervention program.
 1084         (b) While enrolled in a pretrial intervention program
 1085  authorized by this section, the participant is subject to a
 1086  coordinated strategy developed by a drug court team under s.
 1087  397.334(4). The coordinated strategy may include a protocol of
 1088  sanctions that may be imposed upon the participant for
 1089  noncompliance with program rules. The protocol of sanctions may
 1090  include, but is not limited to, placement in a substance abuse
 1091  treatment program offered by a licensed service provider as
 1092  defined in s. 397.311 or in a jail-based treatment program or
 1093  serving a period of incarceration within the time limits
 1094  established for contempt of court. The coordinated strategy must
 1095  be provided in writing to the participant before the participant
 1096  agrees to enter into a pretrial treatment-based drug court
 1097  program or other pretrial intervention program. Any person whose
 1098  charges are dismissed after successful completion of the
 1099  treatment-based drug court program, if otherwise eligible, may
 1100  have his or her arrest record and plea of nolo contendere to the
 1101  dismissed charges expunged under s. 943.0585.
 1102         (2)(a) A veteran, as defined in s. 1.01, or servicemember,
 1103  as defined in s. 250.01, who suffers from a military service
 1104  related mental illness, traumatic brain injury, substance abuse
 1105  disorder, or psychological problem, and who is charged with a
 1106  misdemeanor is eligible for voluntary admission into a
 1107  misdemeanor pretrial veterans’ treatment intervention program
 1108  approved by the chief judge of the circuit, for a period based
 1109  on the program’s requirements and the treatment plan for the
 1110  offender, upon motion of either party or the court’s own motion.
 1111  However, the court may deny the defendant admission into a
 1112  misdemeanor pretrial veterans’ treatment intervention program if
 1113  the defendant has previously entered a court-ordered veterans’
 1114  treatment program.
 1115         (b) While enrolled in a pretrial intervention program
 1116  authorized by this section, the participant shall be subject to
 1117  a coordinated strategy developed by a veterans’ treatment
 1118  intervention team. The coordinated strategy should be modeled
 1119  after the therapeutic jurisprudence principles and key
 1120  components in s. 397.334(4), with treatment specific to the
 1121  needs of veterans and servicemembers. The coordinated strategy
 1122  may include a protocol of sanctions that may be imposed upon the
 1123  participant for noncompliance with program rules. The protocol
 1124  of sanctions may include, but need not be limited to, placement
 1125  in a treatment program offered by a licensed service provider or
 1126  in a jail-based treatment program or serving a period of
 1127  incarceration within the time limits established for contempt of
 1128  court. The coordinated strategy must be provided in writing to
 1129  the participant before the participant agrees to enter into a
 1130  misdemeanor pretrial veterans’ treatment intervention program or
 1131  other pretrial intervention program. Any person whose charges
 1132  are dismissed after successful completion of the misdemeanor
 1133  pretrial veterans’ treatment intervention program, if otherwise
 1134  eligible, may have his or her arrest record to the dismissed
 1135  charges expunged under s. 943.0585.
 1136         (3)(2) At the end of the pretrial intervention period, the
 1137  court shall consider the recommendation of the treatment program
 1138  and the recommendation of the state attorney as to disposition
 1139  of the pending charges. The court shall determine, by written
 1140  finding, whether the defendant successfully completed the
 1141  pretrial intervention program. Notwithstanding the coordinated
 1142  strategy developed by a drug court team pursuant to s.
 1143  397.334(4) or by the veterans’ treatment intervention team, if
 1144  the court finds that the defendant has not successfully
 1145  completed the pretrial intervention program, the court may order
 1146  the person to continue in education and treatment or return the
 1147  charges to the criminal docket for prosecution. The court shall
 1148  dismiss the charges upon finding that the defendant has
 1149  successfully completed the pretrial intervention program.
 1150         (4)(3) Any public or private entity providing a pretrial
 1151  substance abuse education and treatment program under this
 1152  section shall contract with the county or appropriate
 1153  governmental entity. The terms of the contract shall include,
 1154  but not be limited to, the requirements established for private
 1155  entities under s. 948.15(3). This requirement does not apply to
 1156  services provided by the Department of Veterans’ Affairs or the
 1157  United States Department of Veterans Affairs.
 1158         Section 20. Section 948.21, Florida Statutes, is created to
 1159  read:
 1160         948.21 Condition of probation or community control;
 1161  military servicemembers and veterans.—Effective for a
 1162  probationer or community controllee whose crime was committed on
 1163  or after July 1, 2012, and who is a veteran, as defined in s.
 1164  1.01, or servicemember, as defined in s. 250.01, who suffers
 1165  from a military service-related mental illness, traumatic brain
 1166  injury, substance abuse disorder, or psychological problem, the
 1167  court may, in addition to any other conditions imposed, impose a
 1168  condition requiring the probationer or community controllee to
 1169  participate in a treatment program capable of treating the
 1170  probationer or community controllee’s mental illness, traumatic
 1171  brain injury, substance abuse disorder, or psychological
 1172  problem. The court shall give preference to treatment programs
 1173  for which the probationer or community controllee is eligible
 1174  through the United States Department of Veterans Affairs or the
 1175  Florida Department of Veterans’ Affairs. The Department of
 1176  Corrections is not required to spend state funds to implement
 1177  this section.
 1178         Section 21. Section 1004.075, Florida Statutes, is created
 1179  to read:
 1180         1004.075 Priority course registration for veterans.—Each
 1181  Florida College System institution and state university that
 1182  offers priority course registration for a segment of the student
 1183  population, or upon implementation of priority course
 1184  registration for a segment of the student population, shall
 1185  provide priority course registration for each veteran of the
 1186  United States Armed Forces who is receiving GI Bill educational
 1187  benefits or for the spouse or dependent children of the veteran
 1188  to whom the GI Bill educational benefits have been transferred.
 1189  Each eligible veteran, or his or her spouse or dependent
 1190  children, shall be granted priority for course registration
 1191  until the expiration of the GI Bill educational benefits.
 1192         Section 22. Section 1005.09, Florida Statutes, is created
 1193  to read:
 1194         1005.09 Priority course registration for veterans.—Each
 1195  independent postsecondary educational institution defined in s.
 1196  1005.02(11) that offers priority course registration for a
 1197  segment of the student population, or upon implementation of
 1198  priority course registration for a segment of the student
 1199  population, is encouraged to provide priority course
 1200  registration for each veteran of the United States Armed Forces,
 1201  or his or her spouse or dependent children, who is receiving GI
 1202  Bill educational benefits, in accordance with s. 1004.075.
 1203         Section 23. SP4 Thomas Berry Corbin Memorial Highway
 1204  designated; Department of Transportation to erect suitable
 1205  markers.—
 1206         (1) That portion of U.S. Highway 19/27A/98/State Road 55
 1207  between the Suwannee River Bridge and N.E. 592nd Street/Chavous
 1208  Road/Kate Green Road in Dixie County is designated as “SP4
 1209  Thomas Berry Corbin Memorial Highway.”
 1210         (2) The Department of Transportation is directed to erect
 1211  suitable markers designating SP4 Thomas Berry Corbin Memorial
 1212  Highway as described in subsection (1).
 1213         Section 24. U.S. Navy BMC Samuel Calhoun Chavous, Jr.,
 1214  Memorial Highway designated; Department of Transportation to
 1215  erect suitable markers.—
 1216         (1) That portion of U.S. Highway 19/98/State Road 55
 1217  between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
 1218  170th Street in Dixie County is designated as “U.S. Navy BMC
 1219  Samuel Calhoun Chavous, Jr., Memorial Highway.”
 1220         (2) The Department of Transportation is directed to erect
 1221  suitable markers designating U.S. Navy BMC Samuel Calhoun
 1222  Chavous, Jr., Memorial Highway as described in subsection (1).
 1223         Section 25. Marine Lance Corporal Brian R. Buesing Memorial
 1224  Highway designated; Department of Transportation to erect
 1225  suitable markers.—
 1226         (1) That portion of State Road 24 between County Road 347
 1227  and Bridge Number 340053 in Levy County is designated as “Marine
 1228  Lance Corporal Brian R. Buesing Memorial Highway.”
 1229         (2) The Department of Transportation is directed to erect
 1230  suitable markers designating Marine Lance Corporal Brian R.
 1231  Buesing Memorial Highway as described in subsection (1).
 1232         Section 26. United States Army Sergeant Karl A. Campbell
 1233  Memorial Highway designated; Department of Transportation to
 1234  erect suitable markers.—
 1235         (1) That portion of U.S. Highway 19/98/State Road 55/S.
 1236  Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
 1237  County is designated as “United States Army Sergeant Karl A.
 1238  Campbell Memorial Highway.”
 1239         (2) The Department of Transportation is directed to erect
 1240  suitable markers designating United States Army Sergeant Karl A.
 1241  Campbell Memorial Highway as described in subsection (1).
 1242         Section 27. U.S. Army SPC James A. Page Memorial Highway
 1243  designated; Department of Transportation to erect suitable
 1244  markers.—
 1245         (1) That portion of U.S. Highway 27A/State Road
 1246  500/Hathaway Avenue between State Road 24/Thrasher Drive and
 1247  Town Court in Levy County is designated as “U.S. Army SPC James
 1248  A. Page Memorial Highway.”
 1249         (2) The Department of Transportation is directed to erect
 1250  suitable markers designating U.S. Army SPC James A. Page
 1251  Memorial Highway as described in subsection (1).
 1252         Section 28. USS Stark Memorial Drive designated; Department
 1253  of Transportation to erect suitable markers.—
 1254         (1) That portion of State Road 101/Mayport Road between
 1255  State Road A1A and Wonderwood Connector in Duval County is
 1256  designated as “USS Stark Memorial Drive.”
 1257         (2) The Department of Transportation is directed to erect
 1258  suitable markers designating USS Stark Memorial Drive as
 1259  described in subsection (1).
 1260         Section 29. Captain Jim Reynolds, Jr., USAF “Malibu” Road
 1261  designated; Department of Transportation to erect suitable
 1262  markers.—
 1263         (1) That portion of State Road 44 between U.S. Highway 441
 1264  and State Road 44/East Orange Avenue near the City of Eustis in
 1265  Lake County is designated as “Captain Jim Reynolds, Jr., USAF
 1266  ‘Malibu’ Road.”
 1267         (2) The Department of Transportation is directed to erect
 1268  suitable markers designating Captain Jim Reynolds, Jr., USAF
 1269  “Malibu” Road as described in subsection (1).
 1270         Section 30. Veterans Memorial Highway designated;
 1271  Department of Transportation to erect suitable markers.—
 1272         (1) That portion of State Road 19 between U.S. 17/State
 1273  Road 15 and Carriage Drive in Putnam County is designated as
 1274  “Veterans Memorial Highway.”
 1275         (2) The Department of Transportation is directed to erect
 1276  suitable markers designating Veterans Memorial Highway as
 1277  described in subsection (1).
 1278         Section 31. U.S. Army Sergeant Robert Daniel Sanchez
 1279  Memorial Highway designated; Department of Transportation to
 1280  erect suitable markers.—
 1281         (1) That portion of State Road 513 between Banana River
 1282  Drive and Eau Gallie Boulevard in Brevard County is designated
 1283  as “U.S. Army Sergeant Robert Daniel Sanchez Memorial Highway.”
 1284         (2) The Department of Transportation is directed to erect
 1285  suitable markers designating U.S. Army Sergeant Robert Daniel
 1286  Sanchez Memorial Highway as described in subsection (1).
 1287         Section 32. U.S. Marine Corps Corporal Dustin Schrage
 1288  Highway designated; Department of Transportation to erect
 1289  suitable markers.—
 1290         (1) That portion of State Road A1A between Pinetree Drive
 1291  and Eau Gallie Boulevard in Brevard County is designated as
 1292  “U.S. Marine Corps Corporal Dustin Schrage Highway.”
 1293         (2) The Department of Transportation is directed to erect
 1294  suitable markers designating U.S. Marine Corps Corporal Dustin
 1295  Schrage Highway as described in subsection (1).
 1296         Section 33. Purple Heart Memorial Highway designated;
 1297  Department of Transportation to erect suitable markers.—
 1298         (1) That portion of State Road 20/John Sims Parkway (57
 1299  040-000) between State Road 85 and the Walton County Line in
 1300  Okaloosa County is designated as “Purple Heart Memorial
 1301  Highway.”
 1302         (2) The Department of Transportation is directed to erect
 1303  suitable markers designating Purple Heart Memorial Highway as
 1304  described in subsection (1).
 1305         Section 34. Except as otherwise expressly provided in this
 1306  act and except for this section, which shall take effect upon
 1307  this act becoming a law, this act shall take effect July 1,
 1308  2012.

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