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.
