Senate Bill sb1622c1

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    Florida Senate - 2004                           CS for SB 1622

    By the Committees on Education; Military and Veterans'
    Affairs, Base Protection, and Spaceports; and Senators Fasano,
    Clary, Crist, Siplin, Lynn, Wasserman Schultz, Haridopolos,
    Miller and Bullard


    304-2135-04

  1                      A bill to be entitled

  2         An act relating to military families; amending

  3         s. 295.01, F.S.; revising certain requirements

  4         relating to scholarships for children of

  5         deceased veterans; amending s. 445.007, F.S.;

  6         providing for the appointment of a military

  7         representative to certain regional workforce

  8         boards; amending s. 464.009, F.S.; providing

  9         for licensure by endorsement of certain nurses

10         licensed in another state that is a member of

11         the Nurse Licensure Compact; amending s.

12         464.022, F.S.; providing that certain nurses

13         relocating to this state may perform nursing

14         services for a period of 120 days after

15         submitting application for licensure; amending

16         s. 1002.39, F.S.; revising eligibility

17         requirements for military dependents applying

18         for a John M. McKay Scholarship; requiring the

19         State Board of Education to adopt rules;

20         amending s. 1003.05, F.S.; directing the

21         Department of Education to assist in the

22         development of memoranda of agreement between

23         school districts and military installations;

24         creating s. 1008.221, F.S.; providing for

25         alternate assessments for the grade 10 FCAT for

26         certain military dependents; amending s.

27         1009.21, F.S.; classifying certain liaison

28         officers and their spouses and dependent

29         children as residents for tuition purposes;

30         directing Workforce Florida, Inc., to establish

31         an employment advocacy and assistance program

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    Florida Senate - 2004                           CS for SB 1622
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 1         targeting military spouses and dependents;

 2         directing the Florida Housing Finance

 3         Corporation to assess the housing needs of

 4         Florida's military families; requiring a

 5         report; providing an effective date.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Subsection (1) of section 295.01, Florida

10  Statutes, is amended to read:

11         295.01  Children of deceased or disabled veterans;

12  education.--

13         (1)  It is hereby declared to be the policy of the

14  state to provide educational opportunity at state expense for

15  dependent children either of whose parents was a resident of

16  the state at the time such parent entered the Armed Forces

17  and:

18         (a)  Died as a result of service-connected injuries,

19  disease, or disability sustained while on active duty; in that

20  service or from injuries sustained or disease contracted

21  during a period of wartime service as defined in s. 1.01(14)

22  or has died since or may hereafter die from diseases or

23  disability resulting from such war service, or

24         (b)  Has been:

25         1.  Determined by the United States Department of

26  Veterans Affairs or its predecessor to have a

27  service-connected 100-percent total and permanent disability

28  rating for compensation;,

29         2.  Determined to have a service-connected total and

30  permanent disability rating of 100 percent and is in receipt

31  

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    Florida Senate - 2004                           CS for SB 1622
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 1  of disability retirement pay from any branch of the United

 2  States Armed Services;, or

 3         3.  Issued a valid identification card by the

 4  Department of Veterans' Affairs in accordance with s. 295.17,

 5  

 6  when the parents of such children have been bona fide

 7  residents of the state for 5 years next preceding their

 8  application for the benefits hereof, and subject to the rules,

 9  restrictions, and limitations hereof.

10         Section 2.  Subsection (1) of section 445.007, Florida

11  Statutes, is amended to read:

12         445.007  Regional workforce boards; exemption from

13  public meetings law.--

14         (1)  One regional workforce board shall be appointed in

15  each designated service delivery area and shall serve as the

16  local workforce investment board pursuant to Pub. L. No.

17  105-220. The membership of the board shall be consistent with

18  Pub. L. No. 105-220, Title I, s. 117(b), and contain one

19  representative from a nonpublic postsecondary educational

20  institution that is an authorized individual training account

21  provider within the region and confers certificates and

22  diplomas, one representative from a nonpublic postsecondary

23  educational institution that is an authorized individual

24  training account provider within the region and confers

25  degrees, and three representatives of organized labor. The

26  board shall include one representative from a military

27  installation if a military installation is located within the

28  region. Individuals serving as members of regional workforce

29  development boards or local WAGES coalitions, as of June 30,

30  2000, are eligible for appointment to regional workforce

31  boards, pursuant to this section. It is the intent of the

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    Florida Senate - 2004                           CS for SB 1622
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 1  Legislature that, whenever possible and to the greatest extent

 2  practicable, membership of a regional workforce board include

 3  persons who are current or former recipients of welfare

 4  transition assistance as defined in s. 445.002(3) or workforce

 5  services as provided in s. 445.009(1), or that such persons be

 6  included as ex officio members of the board or of committees

 7  organized by the board. The importance of minority and gender

 8  representation shall be considered when making appointments to

 9  the board. If the regional workforce board enters into a

10  contract with an organization or individual represented on the

11  board of directors, the contract must be approved by a

12  two-thirds vote of the entire board, and the board member who

13  could benefit financially from the transaction must abstain

14  from voting on the contract. A board member must disclose any

15  such conflict in a manner that is consistent with the

16  procedures outlined in s. 112.3143.

17         Section 3.  Present subsections (3), (4), and (5) of

18  section 464.009, Florida Statutes, are redesignated as

19  subsections (4), (5), and (6), respectively, and a new

20  subsection (3) is added to that section to read:

21         464.009  Licensure by endorsement.--

22         (3)  An applicant for licensure by endorsement who is

23  relocating to this state pursuant to his or her

24  military-connected spouse's official military orders and who

25  is licensed in another state that is a member of the Nurse

26  Licensure Compact shall be deemed to have satisfied the

27  requirements of subsection (1) and shall be issued a license

28  by endorsement upon submission of the appropriate application

29  and fees and completion of the criminal background check

30  required under subsection (4).

31  

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 1         Section 4.  Subsection (8) of section 464.022, Florida

 2  Statutes, is amended to read:

 3         464.022  Exceptions.--No provision of this part shall

 4  be construed to prohibit:

 5         (8)  Any nurse currently licensed in another state or

 6  territory of the United States from performing nursing

 7  services in this state for a period of 60 days after

 8  furnishing to the employer satisfactory evidence of current

 9  licensure in another state or territory and having submitted

10  proper application and fees to the board for licensure prior

11  to employment. If the nurse licensed in another state or

12  territory is relocating to this state pursuant to his or her

13  military-connected spouse's official military orders, this

14  period shall be 120 days after furnishing to the employer

15  satisfactory evidence of current licensure in another state or

16  territory and having submitted proper application and fees to

17  the board for licensure prior to employment.  The board may

18  extend this time for administrative purposes when necessary.

19         Section 5.  Subsections (2) and (8) of section 1002.39,

20  Florida Statutes, are amended to read:

21         1002.39  The John M. McKay Scholarships for Students

22  with Disabilities Program.--There is established a program

23  that is separate and distinct from the Opportunity Scholarship

24  Program and is named the John M. McKay Scholarships for

25  Students with Disabilities Program, pursuant to this section.

26         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

27  school student with a disability who is dissatisfied with the

28  student's progress may request and receive from the state a

29  John M. McKay Scholarship for the child to enroll in and

30  attend a private school in accordance with this section if:

31  

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    Florida Senate - 2004                           CS for SB 1622
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 1         (a)  By assigned school attendance area or by special

 2  assignment, the student has spent the prior school year in

 3  attendance at a Florida public school. Prior school year in

 4  attendance means that the student was enrolled and reported by

 5  a school district for funding during the preceding October and

 6  February Florida Education Finance Program surveys in

 7  kindergarten through grade 12. However, this paragraph does

 8  not apply to a dependent child of a member of the United

 9  States Armed Forces who transfers to a school in this state

10  from out of state or from a foreign country pursuant to a

11  parent's permanent change of station orders. A dependent child

12  of a member of the United States Armed Forces who transfers to

13  a school in this state from out of state or from a foreign

14  country pursuant to a parent's permanent change of station

15  orders must meet all other eligibility requirements to

16  participate in the program.

17         (b)  The parent has obtained acceptance for admission

18  of the student to a private school that is eligible for the

19  program under subsection (4) and has notified the school

20  district of the request for a scholarship at least 60 days

21  prior to the date of the first scholarship payment. The

22  parental notification must be through a communication directly

23  to the district or through the Department of Education to the

24  district in a manner that creates a written or electronic

25  record of the notification and the date of receipt of the

26  notification.

27  

28  This section does not apply to a student who is enrolled in a

29  school operating for the purpose of providing educational

30  services to youth in Department of Juvenile Justice commitment

31  programs. For purposes of continuity of educational choice,

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    Florida Senate - 2004                           CS for SB 1622
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 1  the scholarship shall remain in force until the student

 2  returns to a public school or graduates from high school.

 3  However, at any time, the student's parent may remove the

 4  student from the private school and place the student in

 5  another private school that is eligible for the program under

 6  subsection (4) or in a public school as provided in subsection

 7  (3).

 8         (8)  RULES.--The State Board of Education shall may

 9  adopt rules pursuant to ss. 120.536(1) and 120.54 to

10  administer this section, including rules that school districts

11  must use to expedite the development of a matrix of services

12  based on a current individual education plan from another

13  state or a foreign country for a transferring student with a

14  disability who is a dependent child of a member of the United

15  States Armed Forces. The rules must identify the appropriate

16  school district personnel who must complete the matrix of

17  services.  For purposes of these rules, a transferring

18  student with a disability is one who was previously enrolled

19  as a student with a disability in an out-of-state or an

20  out-of-country public or private school or agency program and

21  who is transferring from out of state or from a foreign

22  country pursuant to a parent's permanent change of station

23  orders. However, the inclusion of eligible private schools

24  within options available to Florida public school students

25  does not expand the regulatory authority of the state, its

26  officers, or any school district to impose any additional

27  regulation of private schools beyond those reasonably

28  necessary to enforce requirements expressly set forth in this

29  section.

30         Section 6.  Subsection (2) of section 1003.05, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2004                           CS for SB 1622
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 1         1003.05  Assistance to transitioning students from

 2  military families.--

 3         (2)  The Department of Education shall facilitate the

 4  development and implementation of memoranda of agreement

 5  between school districts and military installations which

 6  address strategies for assisting military students in the

 7  transition to Florida schools. identify its efforts and

 8  strategies for assisting military-connected students in

 9  transitioning to the Florida school system, including the

10  identification of acceptable equivalence for curriculum and

11  graduation requirements, and report its findings to the

12  Governor, the President of the Senate, and the Speaker of the

13  House of Representatives by October 1, 2003.

14         Section 7.  Section 1008.221, Florida Statutes, is

15  created to read:

16         1008.221  Dependent children of military personnel

17  transferring to Florida schools; equivalencies for

18  standardized tests.--A dependent child of a member of the

19  United States Armed Forces who enters a public school at the

20  12th grade from out of state or from a foreign country and

21  provides satisfactory proof of attaining a score on an

22  approved alternative assessment that is concordant to a

23  passing score on the grade 10 FCAT shall satisfy the

24  assessment requirement for a standard high school diploma as

25  provided in s. 1003.43(5)(a). For purposes of this section,

26  approved alternative assessments are the SAT and ACT.

27         Section 8.  Paragraph (k) is added to subsection (10)

28  of section 1009.21, Florida Statutes, to read:

29         1009.21  Determination of resident status for tuition

30  purposes.--Students shall be classified as residents or

31  

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    Florida Senate - 2004                           CS for SB 1622
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 1  nonresidents for the purpose of assessing tuition in community

 2  colleges and state universities.

 3         (10)  The following persons shall be classified as

 4  residents for tuition purposes:

 5         (k)  Active duty members of a foreign nation's military

 6  who are serving as liaison officers and are residing or

 7  stationed in this state, and their spouses and dependent

 8  children, attending a community college or state university

 9  within 50 miles of the military establishment where the

10  foreign liaison officer is stationed.

11         Section 9.  (1)  The Legislature finds that military

12  families are faced with a variety of challenges, including

13  frequent relocations, recurring deployments, lengthy periods

14  of separation, and heightened anxiety and uncertainty during

15  periods of conflict.  A military spouse's ability to gain job

16  skills and maintain a career contributes to the financial

17  well-being of the family, spouse satisfaction with military

18  life, and military retention and readiness. Military spouses

19  are often required to terminate their employment in order to

20  support their spouse's highly mobile military commitment.  The

21  unemployment rate for military spouses is approximately four

22  times the civilian unemployment rate, and military spouse

23  earnings are significantly lower than those of their

24  comparably educated civilian peers.  Recognizing the

25  employment challenges faced by military spouses and the

26  importance of military families to our communities and

27  economy, the Legislature declares its intent to establish an

28  employment advocacy and assistance program to serve Florida's

29  military families.

30         (2)  Workforce Florida, Inc., shall establish an

31  employment advocacy and assistance program targeting military

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    Florida Senate - 2004                           CS for SB 1622
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 1  spouses and dependents.  This program shall deliver employment

 2  assistance services through military family employment

 3  advocates colocated within selected one-stop career centers.

 4  Persons eligible for assistance through this program shall

 5  include spouses and dependents of active-duty military

 6  personnel, Florida National Guard members, and military

 7  reservists.

 8         (3)  Military family employment advocates are

 9  responsible for providing the following services and

10  activities:

11         (a)  Coordination of employment assistance services

12  through military base family support centers, Florida's

13  one-stop career centers, and veteran-support organizations.

14         (b)  Training to one-stop career center managers and

15  staff on the unique employment needs and skills of military

16  family members.

17         (c)  Promoting and marketing the benefits of employing

18  military family members to prospective employers.

19         (d)  Assisting employment-seeking military family

20  members through job counseling, job search and placement

21  services, the dissemination of information on educational and

22  training programs, and the availability of support services.

23         (e)  Other employment assistance services Workforce

24  Florida, Inc., deems necessary.

25         (4)  Workforce Florida, Inc., may enter into agreements

26  with public and private entities to provide services

27  authorized under this section.

28         Section 10.  The Florida Housing Finance Corporation

29  shall undertake an assessment of the needs of active duty

30  military personnel and their families living in Florida for

31  affordable housing.  The needs assessment shall provide

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 1  information on the population characteristics of the service

 2  personnel and their families having total gross incomes of up

 3  to 80 percent of the local area's median income who are living

 4  off base, including, but not limited to, the number of

 5  households by family size, income, and current tenancy; the

 6  condition of existing housing; and the availability of

 7  homeowner and rental housing that is affordable to these

 8  service personnel and their families.  The corporation shall

 9  report its findings and recommendations to the Governor, the

10  President of the Senate, the Speaker of the House of

11  Representatives, the Senate Minority Leader, and the House

12  Minority Leader by December 31, 2004.

13         Section 11.  This act shall take effect upon becoming a

14  law.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1622

18                                 

19  The Committee Substitute revises eligibility requirements for
    military dependents applying for a John M. McKay Scholarship
20  to include dependents whose parent died as a result of
    conditions arising from active duty service.
21  
    The Committee Substitute clarifies that the waiver provided in
22  the Committee Substitute only applies to the requirement to
    have attended a Florida public school in the prior year and
23  the student still must meet all other eligibility
    requirements.
24  
    The Committee Substitute requires the State Board of Education
25  to adopt rules to expedite the development of a matrix of
    services.  The adopted rules must identify the personnel who
26  must complete the matrix.

27  The Committee Substitute defines the term "transferring
    student with a disability" for rulemaking purposes.
28  

29  

30  

31  

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