Florida Senate - 2012                       CS for CS for SB 922
       
       
       
       By the Committees on Criminal Justice; and Military Affairs,
       Space, and Domestic Security; and Senators Bennett, Detert,
       Jones, Gaetz, and Fasano
       
       
       591-02004-12                                           2012922c2
    1                        A bill to be entitled                      
    2         An act relating to current and former military
    3         personnel; creating s. 220.1893, F.S.; providing a tax
    4         credit program for eligible businesses that hire
    5         certain national guard members; providing definitions;
    6         providing credits against specified taxes for
    7         certified businesses; providing guidelines for
    8         becoming a certified business; requiring the
    9         Department of Economic Opportunity to certify
   10         qualified businesses; providing criteria for the
   11         certification; limiting the total amount of tax
   12         credits; providing for certain tax credits to be
   13         carried forward; providing penalties for fraudulent
   14         claims; authorizing the Department of Economic
   15         Opportunity and the Department of Revenue to adopt
   16         rules; providing for future expiration of the tax
   17         credit program; amending s. 265.003, F.S.; creating
   18         the Florida Veterans’ Hall of Fame Council; providing
   19         for membership and terms of appointment; providing for
   20         the appointment of a chair; providing for meetings, a
   21         quorum, and voting; providing for reimbursement of
   22         travel expenses; providing for the removal of an
   23         appointee; providing for the Florida Veterans’ Hall of
   24         Fame Council rather than the Department of Veterans’
   25         Affairs to select nominees for induction into the
   26         Florida Veterans’ Hall of Fame and to establish the
   27         criteria for selection; requiring that the Governor
   28         and Cabinet annually select a specified number of
   29         nominees for induction; amending s. 295.187, F.S.;
   30         revising legislative intent; renaming and revising the
   31         Florida Service-Disabled Veteran Business Enterprise
   32         Opportunity Act to expand the vendor preference in
   33         state contracting to include certain businesses owned
   34         and operated by wartime veterans or veterans of a
   35         period of war; amending s. 320.08056, F.S.; providing
   36         the license plate annual use fee for an American
   37         Legion license plate; amending s. 320.08058, F.S.;
   38         creating the American Legion license plate; providing
   39         for the distribution of use fees received from the
   40         sale of the license plates; amending s. 320.089, F.S.;
   41         providing for the issuance of a Combat Infantry Badge
   42         license plate; providing qualifications and
   43         requirements for the plate; providing for the use of
   44         proceeds from the sale of the plate; providing for
   45         issuance of a Vietnam War Veterans’ license plate and
   46         the Korean Conflict Veterans’ license plate; providing
   47         qualifications and requirements for the plates;
   48         creating s. 320.0892, F.S.; providing for the
   49         Department of Highway Safety and Motor Vehicles to
   50         issue Silver Star, Distinguished Service Cross, Navy
   51         Cross, and Air Force Cross license plates, without
   52         payment of the license tax, to persons meeting
   53         specified criteria; creating s. 683.146, F.S.;
   54         designating August 7 of each year as “Purple Heart
   55         Day”; providing a short title; creating a court
   56         program for certain servicemembers and military
   57         veterans who suffer from mental illness, traumatic
   58         brain injury, substance use disorder, or psychological
   59         problems as a result of their military service;
   60         providing qualifications for entrance into the court
   61         program; amending s. 948.08, F.S.; creating a pretrial
   62         veterans’ and servicemembers’ treatment intervention
   63         program; providing requirements for a defendant to be
   64         voluntarily admitted to the pretrial program;
   65         providing certain exceptions to such admission;
   66         providing for the disposition of pending charges
   67         following a defendant’s completion of the pretrial
   68         intervention program; providing for the charges to be
   69         expunged under certain circumstances; amending s.
   70         948.16, F.S.; creating a misdemeanor pretrial
   71         veterans’ treatment intervention program; providing
   72         requirements for voluntary admission to the
   73         misdemeanor pretrial program; providing for the
   74         misdemeanor charges to be expunged under certain
   75         circumstances; exempting treatment services provided
   76         by the Department of Veterans’ Affairs or the United
   77         States Department of Veterans Affairs from certain
   78         contract requirements; creating s. 948.21, F.S.;
   79         authorizing the court to impose a condition of
   80         probation or community control for certain defendant
   81         veterans or servicemembers which requires
   82         participation in a treatment program capable of
   83         treating a mental illness, a traumatic brain injury, a
   84         substance use disorder, or a psychological problem;
   85         amending s. 1003.05, F.S.; requiring that a school
   86         board provide an option to school-aged dependents of
   87         military personnel to choose certain schools if the
   88         student is reassigned as a result of school rezoning;
   89         creating s. 1004.075, F.S.; requiring certain Florida
   90         College System institutions and state universities to
   91         provide priority course registration for veterans;
   92         providing eligibility requirements; creating s.
   93         1005.09, F.S.; encouraging certain independent
   94         postsecondary educational institutions to provide
   95         priority course registration for veterans; amending s.
   96         1009.21, F.S.; providing that veterans of the Armed
   97         Services of the United States, including reserve
   98         components thereof, who attend the physical location
   99         of a public college, university, or institution of
  100         higher learning within the state are residents for
  101         tuition purposes; providing effective dates.
  102  
  103  Be It Enacted by the Legislature of the State of Florida:
  104  
  105         Section 1. Section 220.1893, Florida Statutes, is created
  106  to read:
  107         220.1893 National Guard Employment Tax Credit Program.—
  108         (1)As used in this section, the term:
  109         (a) “Department” means the Department of Economic
  110  Opportunity.
  111         (b)“Eligible business” means any business that is
  112  operating and authorized to do business in this state.
  113         (c)“Qualified employee” means a person:
  114         1. Who is a current Florida National Guard member in good
  115  standing, as verified by the Adjutant General of the Florida
  116  National Guard, and has been unemployed for more than 6 months
  117  or is returning from duty abroad;
  118         2. Who was hired by an eligible business on or after July
  119  1, 2012, and had not previously been employed by the eligible
  120  business or its parent or an affiliated corporation;
  121         3. Who performed duties connected to the operations of the
  122  eligible business on a regular, full-time basis for an average
  123  of at least 36 hours per week and for at least 3 months before
  124  an eligible business is awarded a tax credit; and
  125         4.Whose employment by the eligible business has not formed
  126  the basis for any other claim to a credit pursuant to this
  127  chapter.
  128         (2)A certified business shall receive a $10,000 tax credit
  129  for each qualified employee, subject to the limitation in
  130  subsection (5). The credit may be taken against:
  131         (a) Corporate income taxes under chapter 220.
  132         (b)Insurance premium tax under s. 624.509.
  133         (c) Taxes on sales, use, and other transactions under
  134  chapter 212.
  135         (d) Intangible personal property taxes under chapter 199.
  136         (e) Excise taxes on documents under chapter 201.
  137         (f) Ad valorem taxes paid, as defined in s. 220.03(1).
  138         (g) State communications services taxes administered under
  139  chapter 202. This paragraph does not apply to the gross receipts
  140  tax imposed under chapter 203 and administered under chapter 202
  141  or the local communications services tax authorized under s.
  142  202.19.
  143         (3)(a)To become a certified business, an officer of an
  144  eligible business must file under oath with the Department of
  145  Economic Opportunity an application that includes:
  146         1.The name, address, and NAICS identifying code of the
  147  eligible business. As used in this subsection, “NAICS” means
  148  those classifications contained in the North American Industry
  149  Classification System, as published in 2007 by the Office of
  150  Management and Budget, Executive Office of the President.
  151         2.Relevant employment information.
  152         3. A sworn affidavit, signed by each employee for whom the
  153  eligible business is seeking credits under this section,
  154  attesting to his or her previous unemployment.
  155         4. Verification that the wages paid by the eligible
  156  business to each of its qualified employees exceeds the wage
  157  eligibility levels for Medicaid and other public assistance
  158  programs.
  159         5.Any other information necessary to process the
  160  application.
  161         (b)The Department of Economic Opportunity shall process
  162  applications to certify a business in the order in which the
  163  applications are received, without regard as to whether the
  164  applicant is a new or an existing business. The department shall
  165  review and approve or deny an application within 10 days after
  166  receiving a completed application. The department shall notify
  167  the applicant in writing as to the department’s decision.
  168         (c)1.The department shall submit a copy of the letter of
  169  certification to the Department of Revenue within 10 days after
  170  the department issues the letter of certification to the
  171  applicant.
  172         2.If the application of an eligible business is not
  173  sufficient to certify the applicant business, the department
  174  must deny the application and issue a notice of denial to the
  175  applicant.
  176         3. If the application of an eligible business does not
  177  contain sufficient documentation of the number of qualified
  178  employees, the department shall approve the application with
  179  respect to the employees for whom the department determines are
  180  qualified employees. The department must deny the application
  181  with respect to persons for whom the department determines are
  182  not qualified employees or for whom insufficient documentation
  183  has been provided. A business may not submit a revised
  184  application for certification or for the determination of a
  185  person as a qualified employee more than 3 months after the
  186  issuance of a notice of denial with respect to the business or a
  187  particular person as a qualified employee.
  188         (4)The applicant for a tax credit under this section has
  189  the responsibility to affirmatively demonstrate to the
  190  satisfaction of the department and the Department of Revenue
  191  that the applicant and the persons claimed as qualified
  192  employees meet the requirements of this section.
  193         (5)The total amount of tax credits under this section
  194  which may be approved by the department for all applicants is $5
  195  million per fiscal year.
  196         (6)A tax credit amount that is granted under this section
  197  which is not fully used in the first year for which it becomes
  198  available may be carried forward to the subsequent taxable year.
  199  The carryover credit may be used in the subsequent year if the
  200  tax imposed by this chapter for such year exceeds the credit for
  201  such year under this section after applying the other credits
  202  and unused credit carryovers in the order provided in s.
  203  220.02(8).
  204         (7)A person who fraudulently claims a credit under this
  205  section is liable for repayment of the credit plus a mandatory
  206  penalty of 100 percent of the credit. Such person also commits a
  207  misdemeanor of the second degree, punishable as provided in s.
  208  775.082 or s. 775.083.
  209         (8) The department may adopt rules governing the manner and
  210  form of applications for the tax credit. The department may
  211  establish guidelines for making an affirmative showing of
  212  qualification for the tax credit under this section.
  213         (9) The Department of Revenue may adopt rules to administer
  214  this section, including rules relating to the creation of forms
  215  to claim a tax credit and examination and audit procedures
  216  required to administer this section.
  217         (10) This section expires July 1, 2014. However, a taxpayer
  218  that is awarded a tax credit in the second year of the program
  219  may carry forward any unused credit amount to the subsequent tax
  220  reporting period. Rules adopted by the Department of Revenue to
  221  administer this section shall remain valid as long as a taxpayer
  222  may use a credit against its corporate income tax liability.
  223         Section 2. Section 265.003, Florida Statutes, is amended to
  224  read:
  225         265.003 Florida Veterans’ Hall of Fame.—
  226         (1) It is the intent of the Legislature to recognize and
  227  honor those military veterans who, through their works and lives
  228  during or after military service, have made a significant
  229  contribution to the State of Florida.
  230         (2) There is established the Florida Veterans’ Hall of
  231  Fame.
  232         (a) The Florida Veterans’ Hall of Fame is administered by
  233  the Florida Department of Veterans’ Affairs without
  234  appropriation of state funds.
  235         (b) The Department of Management Services shall set aside
  236  an area on the Plaza Level of the Capitol Building along the
  237  northeast front wall and shall consult with the Department of
  238  Veterans’ Affairs regarding the design and theme of the area.
  239         (c) Each person who is inducted into the Florida Veterans’
  240  Hall of Fame shall have his or her name placed on a plaque
  241  displayed in the designated area of the Capitol Building.
  242         (3)(a) The Florida Veterans’ Hall of Fame Council is
  243  created within the Department of Veterans’ Affairs as an
  244  advisory council, as defined in s. 20.03(7), consisting of seven
  245  members who shall all be honorably discharged veterans, and at
  246  least four of whom must be members of a congressionally
  247  chartered veterans service organization. The Governor, the
  248  President of the Senate, the Speaker of the House of
  249  Representatives, the Attorney General, the Chief Financial
  250  Officer, the Commissioner of Agriculture, and the executive
  251  director of the Department of Veterans’ Affairs shall each
  252  appoint one member. For the purposes of ensuring staggered
  253  terms, the council members appointed by the Governor, the
  254  Attorney General, the Chief Financial Officer, and the
  255  Commissioner of Agriculture shall be appointed to 4-year terms
  256  beginning on January 1 of the year of appointment, and the
  257  council members appointed by the President of the Senate, the
  258  Speaker of the House of Representatives, and the executive
  259  director of the Department of Veterans’ Affairs shall be
  260  appointed to 2-year terms beginning on January 1 of the year of
  261  appointment. After the initial appointments, all appointees
  262  shall be appointed to 4-year terms. A member whose term expires
  263  shall continue to serve on the council until such time as a
  264  replacement is appointed.
  265         (b) The members shall annually elect a chair from among
  266  their number. The council shall meet at the call of its chair,
  267  at the request of the executive director of the Department of
  268  Veterans’ Affairs, or at such times as may be prescribed by the
  269  council. A majority of the members of the council currently
  270  appointed constitutes a quorum, and a meeting may not be held
  271  unless a quorum is present. The affirmative vote of a majority
  272  of the members of the council present is necessary for any
  273  official action by the council.
  274         (c) Members of the council may not receive compensation or
  275  honorarium for their services, but members are entitled to
  276  reimbursement for travel expenses incurred in the performance of
  277  their duties as provided in s. 112.061.
  278         (d) The original appointing authority may remove his or her
  279  appointee from the council for misconduct or malfeasance in
  280  office, neglect of duty, incompetence, or permanent inability to
  281  perform official duties or if the member is adjudicated guilty
  282  of a felony.
  283         (4)(3)(a) The Florida Veterans’ Hall of Fame Council
  284  Department of Veterans’ Affairs shall annually accept
  285  nominations of persons to be considered for induction into the
  286  Florida Veterans’ Hall of Fame and shall then transmit a list of
  287  up to 20 nominees its recommendations to the Department of
  288  Veterans’ Affairs for submission to the Governor and the Cabinet
  289  who will select four persons from the list of the nominees to be
  290  inducted.
  291         (b) In selecting its nominees for submission making its
  292  recommendations to the Governor and the Cabinet, the Florida
  293  Veterans’ Hall of Fame Council Department of Veterans’ Affairs
  294  shall give preference to veterans who were born in Florida or
  295  adopted Florida as their home state or base of operation and who
  296  have made a significant contribution to the state in civic,
  297  business, public service, or other pursuits.
  298         (5)(4) The Florida Veterans’ Hall of Fame Council
  299  Department of Veterans’ Affairs may establish criteria and set
  300  specific time periods for acceptance of nominations and for the
  301  process of selection of nominees for membership and establish a
  302  formal induction ceremony to coincide with the annual
  303  commemoration of Veterans’ Day.
  304         Section 3. Section 295.187, Florida Statutes, is amended to
  305  read:
  306         295.187 Florida Service-Disabled Veteran Business
  307  Enterprise Opportunity Act.—
  308         (1) SHORT TITLE.—This section may be cited as the “Florida
  309  Service-Disabled Veteran Business Enterprise Opportunity Act.”
  310         (2) INTENT.—It is the intent of the Legislature to rectify
  311  the economic disadvantage of service-disabled veterans, who are
  312  statistically the least likely to be self-employed when compared
  313  to the veteran population as a whole and who have made
  314  extraordinary sacrifices on behalf of the nation, the state, and
  315  the public, by providing opportunities for service-disabled
  316  veteran business enterprises as set forth in this section. The
  317  Legislature also intends to recognize wartime veterans and
  318  veterans of a period of war for their sacrifices as set forth in
  319  this section.
  320         (3) DEFINITIONS.—For the purpose of this section, the term:
  321         (a) “Certified service-disabled veteran business
  322  enterprise” means a business that has been certified by the
  323  Department of Management Services to be a service-disabled
  324  veteran business enterprise as defined in paragraph (c).
  325         (b) “Service-disabled veteran” means a veteran who is a
  326  permanent Florida resident with a service-connected disability
  327  as determined by the United States Department of Veterans
  328  Affairs or who has been terminated from military service by
  329  reason of disability by the United States Department of Defense.
  330         (c) “Service-disabled Veteran business enterprise” means an
  331  independently owned and operated business that:
  332         1. Employs 200 or fewer permanent full-time employees;
  333         2. Together with its affiliates has a net worth of $5
  334  million or less or, if a sole proprietorship, has a net worth of
  335  $5 million or less including both personal and business
  336  investments;
  337         3. Is organized to engage in commercial transactions;
  338         4. Is domiciled in this state;
  339         5. Is at least 51 percent owned by one or more wartime
  340  veterans or service-disabled veterans; and
  341         6. The management and daily business operations of which
  342  are controlled by one or more wartime veterans or service
  343  disabled veterans or, for a service-disabled veteran having with
  344  a permanent and total disability, by the spouse or permanent
  345  caregiver of the veteran.
  346         (d) “Wartime veteran” means:
  347         1. A veteran as defined in s. 1.01(14); or
  348         2. A veteran of a period of war, as used in 38 U.S.C. s.
  349  1521, who served in the active military, naval, or air service:
  350         a. For 90 days or more during a period of war;
  351         b. During a period of war and was discharged or released
  352  from such service for a service-connected disability;
  353         c. For a period of 90 consecutive days or more and such
  354  period began or ended during a period of war; or
  355         d. For an aggregate of 90 days or more in two or more
  356  separate periods of service during more than one period of war.
  357         (4) VENDOR PREFERENCE.—
  358         (a) A state agency, when considering two or more bids,
  359  proposals, or replies for the procurement of commodities or
  360  contractual services, at least one of which is from a certified
  361  service-disabled veteran business enterprise, which that are
  362  equal with respect to all relevant considerations, including
  363  price, quality, and service, shall award such procurement or
  364  contract to the certified service-disabled veteran business
  365  enterprise.
  366         (b) Notwithstanding s. 287.057(11), if a service-disabled
  367  veteran business enterprise entitled to the vendor preference
  368  under this section and one or more businesses entitled to this
  369  preference or another vendor preference provided by law submit
  370  bids, proposals, or replies for procurement of commodities or
  371  contractual services which that are equal with respect to all
  372  relevant considerations, including price, quality, and service,
  373  then the state agency shall award the procurement or contract to
  374  the business having the smallest net worth.
  375         (c) Political subdivisions of the state are encouraged to
  376  offer a similar consideration to businesses certified under this
  377  section.
  378         (5) CERTIFICATION PROCEDURE.—
  379         (a) The application for certification as a service-disabled
  380  veteran business enterprise must, at a minimum, include:
  381         1. The name of the business enterprise applying for
  382  certification and the name of the service-disabled veteran
  383  submitting the application on behalf of the business enterprise.
  384         2. The names of all owners of the business enterprise,
  385  including owners who are wartime veterans, service-disabled
  386  veterans, and owners who are not a wartime veteran or a service
  387  disabled veteran veterans, and the percentage of ownership
  388  interest held by each owner.
  389         3. The names of all persons involved in both the management
  390  and daily operations of the business, including the spouse or
  391  permanent caregiver of a veteran who has with a permanent and
  392  total disability.
  393         4. The service-connected disability rating of all persons
  394  listed under subparagraphs 1., 2., and 3., as applicable, with
  395  supporting documentation from the United States Department of
  396  Veterans Affairs or the United States Department of Defense.
  397         5. Documentation of the wartime service of all persons
  398  listed under subparagraphs 1., 2., and 3., as applicable, from
  399  the United States Department of Veterans Affairs or the United
  400  States Department of Defense.
  401         6.5. The number of permanent full-time employees.
  402         7.6. The location of the business headquarters.
  403         8.7. The total net worth of the business enterprise and its
  404  affiliates. In the case of a sole proprietorship, the net worth
  405  includes personal and business investments.
  406         (b) To maintain certification, a service-disabled veteran
  407  business enterprise shall renew its certification biennially.
  408         (c) The provisions of Chapter 120, relating to application,
  409  denial, and revocation procedures, applies shall apply to
  410  certifications under this section.
  411         (d) A certified service-disabled veteran business
  412  enterprise must notify the Department of Management Services
  413  within 30 business days after any event that may significantly
  414  affect the certification of the business, including, but not
  415  limited to, a change in ownership or change in management and
  416  daily business operations.
  417         (e) The certification of a service-disabled veteran
  418  business enterprise shall be revoked for 12 months if the
  419  Department of Management Services determines that the business
  420  enterprise violated paragraph (d). An owner of a certified
  421  service-disabled veteran business enterprise whose certification
  422  is revoked may is not permitted to reapply for certification
  423  under this section as an owner of any business enterprise during
  424  the 12-month revocation period.
  425         1. During the 12-month revocation period, a service
  426  disabled veteran business enterprise whose certification has
  427  been revoked may bid on state contracts but is not eligible for
  428  any preference available under this section.
  429         2. A service-disabled veteran business enterprise whose
  430  certification has been revoked may apply for certification at
  431  the conclusion of the 12-month revocation period by complying
  432  with requirements applicable to initial certifications.
  433         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
  434  department shall:
  435         (a) Assist the Department of Management Services in
  436  establishing a certification procedure, which shall be reviewed
  437  biennially and updated as necessary.
  438         (b) Identify eligible service-disabled veteran business
  439  enterprises by any electronic means, including electronic mail
  440  or Internet website, or by any other reasonable means.
  441         (c) Encourage and assist eligible service-disabled veteran
  442  business enterprises to apply for certification under this
  443  section.
  444         (d) Provide information regarding services that are
  445  available from the Office of Veterans’ Business Outreach of the
  446  Florida Small Business Development Center to service-disabled
  447  veteran business enterprises.
  448         (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
  449  department shall:
  450         (a) With assistance from the Department of Veterans’
  451  Affairs, establish a certification procedure, which shall be
  452  reviewed biennially and updated as necessary.
  453         (b) Grant, deny, or revoke the certification of a service
  454  disabled veteran business enterprise under this section.
  455         (c) Maintain an electronic directory of certified service
  456  disabled veteran business enterprises for use by the state,
  457  political subdivisions of the state, and the public.
  458         (8) REPORT.—The Small Business Development Center shall
  459  include in its report required by s. 288.705 the percentage of
  460  certified service-disabled veteran business enterprises using
  461  the statewide contracts register.
  462         (9) RULES.—The Department of Veterans’ Affairs and the
  463  Department of Management Services, as appropriate, may adopt
  464  rules as necessary to administer this section.
  465         Section 4. Paragraph (aaaa) is added to subsection (4) of
  466  section 320.08056, Florida Statutes, to read:
  467         320.08056 Specialty license plates.—
  468         (4) The following license plate annual use fees shall be
  469  collected for the appropriate specialty license plates:
  470         (aaaa) American Legion license plate, $25.
  471         Section 5. Subsection (79) is added to section 320.08058,
  472  Florida Statutes, to read:
  473         320.08058 Specialty license plates.—
  474         (79) AMERICAN LEGION LICENSE PLATES.—
  475         (a)Upon American Legion, Department of Florida, meeting
  476  the requirements of s. 320.08053, the department shall develop a
  477  American Legion license plate as provided in this section. The
  478  plate must bear the colors and design approved by the department
  479  and must incorporate the American Legion emblem as adopted by
  480  the American Legion on June 9, 1919, and patented on December 9
  481  of that same year. The word “Florida” must appear at the top of
  482  the plate, and the words “American Legion” must appear at the
  483  bottom of the plate.
  484         (b) The annual use fees shall be distributed to the
  485  American Legion, Department of Florida which shall retain the
  486  initial revenues from the sale of the plates until all startup
  487  costs incurred in the development and approval of the plates
  488  have been reimbursed. Thereafter, the proceeds shall be
  489  distributed as follows:
  490         1. Sixty percent of the proceeds shall be distributed to
  491  the American Legion, Department of Florida:
  492         a. To support Boys State in Florida, the Veteran Affairs
  493  and Rehabilitation program, and the Gilchrist Endowment Fund;
  494  and
  495         b. For administration and marketing of the license plate,
  496  not to exceed 10 percent of the amount of the proceeds
  497  distributed to the American Legion, Department of Florida.
  498         2. Twenty percent of the proceeds shall be distributed to
  499  the direct-support organization created under s. 292.055 under
  500  the Department of Veterans’ Affairs.
  501         3. Twenty percent of the proceeds shall be distributed to
  502  the direct-support organization created under s. 250.115 under
  503  the Department of Military Affairs.
  504         Section 6. Effective October 1, 2012, section 320.089,
  505  Florida Statutes, is amended to read:
  506         320.089 Members of National Guard and active United States
  507  Armed Forces reservists; former prisoners of war; survivors of
  508  Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
  509  Freedom and Operation Enduring Freedom Veterans; Combat Infantry
  510  Badge recipients; Vietnam War Veterans; Korean Conflict
  511  Veterans; special license plates; fee.—
  512         (1)(a) Each owner or lessee of an automobile or truck for
  513  private use or recreational vehicle as specified in s.
  514  320.08(9)(c) or (d), which is not used for hire or commercial
  515  use, who is a resident of the state and an active or retired
  516  member of the Florida National Guard, a survivor of the attack
  517  on Pearl Harbor, a recipient of the Purple Heart medal, or an
  518  active or retired member of any branch of the United States
  519  Armed Forces Reserve, or a recipient of the Combat Infantry
  520  Badge shall, upon application to the department, accompanied by
  521  proof of active membership or retired status in the Florida
  522  National Guard, proof of membership in the Pearl Harbor
  523  Survivors Association or proof of active military duty in Pearl
  524  Harbor on December 7, 1941, proof of being a Purple Heart medal
  525  recipient, or proof of active or retired membership in any
  526  branch of the Armed Forces Reserve, or proof of membership in
  527  the Combat Infantrymen’s Association, Inc., or other proof of
  528  being a recipient of the Combat Infantry Badge, and upon payment
  529  of the license tax for the vehicle as provided in s. 320.08, be
  530  issued a license plate as provided by s. 320.06, upon which, in
  531  lieu of the serial numbers prescribed by s. 320.06, shall be
  532  stamped the words “National Guard,” “Pearl Harbor Survivor,”
  533  “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
  534  Badge,” as appropriate, followed by the serial number of the
  535  license plate. Additionally, the Purple Heart plate may have the
  536  words “Purple Heart” stamped on the plate and the likeness of
  537  the Purple Heart medal appearing on the plate.
  538         (b) Notwithstanding any other provision of law to the
  539  contrary, beginning with fiscal year 2002-2003 and annually
  540  thereafter, the first $100,000 in general revenue generated from
  541  the sale of license plates issued under this section shall be
  542  deposited into the Grants and Donations Trust Fund, as described
  543  in s. 296.38(2), to be used for the purposes established by law
  544  for that trust fund. Any additional general revenue generated
  545  from the sale of such plates shall be deposited into the State
  546  Homes for Veterans Trust Fund and used solely to construct,
  547  operate, and maintain domiciliary and nursing homes for
  548  veterans, subject to the requirements of chapter 216.
  549         (c) Notwithstanding any provisions of law to the contrary,
  550  an applicant for a Pearl Harbor Survivor license plate or a
  551  Purple Heart license plate who also qualifies for a disabled
  552  veteran’s license plate under s. 320.084 shall be issued the
  553  appropriate special license plate without payment of the license
  554  tax imposed by s. 320.08.
  555         (2) Each owner or lessee of an automobile or truck for
  556  private use, truck weighing not more than 7,999 pounds, or
  557  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  558  which is not used for hire or commercial use, who is a resident
  559  of the state and who is a former prisoner of war, or their
  560  unremarried surviving spouse, shall, upon application therefor
  561  to the department, be issued a license plate as provided in s.
  562  320.06, on which license plate are stamped the words “Ex-POW”
  563  followed by the serial number. Each application shall be
  564  accompanied by proof that the applicant meets the qualifications
  565  specified in paragraph (a) or paragraph (b).
  566         (a) A citizen of the United States who served as a member
  567  of the Armed Forces of the United States or the armed forces of
  568  a nation allied with the United States who was held as a
  569  prisoner of war at such time as the Armed Forces of the United
  570  States were engaged in combat, or their unremarried surviving
  571  spouse, may be issued the special license plate provided for in
  572  this subsection without payment of the license tax imposed by s.
  573  320.08.
  574         (b) A person who was serving as a civilian with the consent
  575  of the United States Government, or a person who was a member of
  576  the Armed Forces of the United States who was not a United
  577  States citizen and was held as a prisoner of war when the Armed
  578  Forces of the United States were engaged in combat, or their
  579  unremarried surviving spouse, may be issued the special license
  580  plate provided for in this subsection upon payment of the
  581  license tax imposed by s. 320.08.
  582         (3) Each owner or lessee of an automobile or truck for
  583  private use, truck weighing not more than 7,999 pounds, or
  584  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  585  which is not used for hire or commercial use, who is a resident
  586  of this state and who is the unremarried surviving spouse of a
  587  recipient of the Purple Heart medal shall, upon application
  588  therefor to the department, with the payment of the required
  589  fees, be issued a license plate as provided in s. 320.06, on
  590  which license plate are stamped the words “Purple Heart” and the
  591  likeness of the Purple Heart medal followed by the serial
  592  number. Each application shall be accompanied by proof that the
  593  applicant is the unremarried surviving spouse of a recipient of
  594  the Purple Heart medal.
  595         (4) The owner or lessee of an automobile or truck for
  596  private use, a truck weighing not more than 7,999 pounds, or a
  597  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  598  which automobile, truck, or recreational vehicle is not used for
  599  hire or commercial use who is a resident of the state and a
  600  current or former member of the United States military who was
  601  deployed and served in Iraq during Operation Iraqi Freedom or in
  602  Afghanistan during Operation Enduring Freedom shall, upon
  603  application to the department, accompanied by proof of active
  604  membership or former active duty status during one of these
  605  operations, and upon payment of the license tax for the vehicle
  606  as provided in s. 320.08, be issued a license plate as provided
  607  by s. 320.06 upon which, in lieu of the registration license
  608  number prescribed by s. 320.06, shall be stamped the words
  609  “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as
  610  appropriate, followed by the registration license number of the
  611  plate.
  612         (5) The owner or lessee of an automobile or truck for
  613  private use, a truck weighing not more than 7,999 pounds, or a
  614  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  615  which automobile, truck, or recreational vehicle is not used for
  616  hire or commercial use, who is a resident of the state and a
  617  current or former member of the United States military, and who
  618  was deployed and served in Vietnam during United States military
  619  deployment in Indochina shall, upon application to the
  620  department, accompanied by proof of active membership or former
  621  active duty status during these operations, and upon payment of
  622  the license tax for the vehicle as provided in s. 320.08, be
  623  issued a license plate as provided by s. 320.06 upon which, in
  624  lieu of the registration license number prescribed by s. 320.06,
  625  shall be stamped the words “Vietnam War Veteran,” followed by
  626  the registration license number of the plate.
  627         (6) The owner or lessee of an automobile or truck for
  628  private use, a truck weighing not more than 7,999 pounds, or a
  629  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  630  which automobile, truck, or recreational vehicle is not used for
  631  hire or commercial use, who is a resident of the state and a
  632  current or former member of the United States military, and who
  633  was deployed and served in Korea during United States military
  634  deployment in Korea shall, upon application to the department,
  635  accompanied by proof of active membership or former active duty
  636  status during these operations, and upon payment of the license
  637  tax for the vehicle as provided in s. 320.08, be issued a
  638  license plate as provided by s. 320.06 upon which, in lieu of
  639  the registration license number prescribed by s. 320.06, shall
  640  be stamped the words “Korean Conflict Veteran,” followed by the
  641  registration license number of the plate.
  642         Section 7. Section 320.0892, Florida Statutes is created to
  643  read:
  644         320.0892 Motor vehicle license plates for recipients of the
  645  Silver Star, Distinguished Service Cross, Navy Cross, or Air
  646  Force Cross.—Upon receipt of an application and proof that the
  647  applicant meets the qualifications listed in this section for
  648  the applicable license plate, the department shall issue the
  649  license plate without payment of the license tax imposed under
  650  s. 320.08:
  651         (1) SILVER STAR.—Any United States citizen who is a
  652  resident of this state and who was awarded the Silver Star while
  653  serving as a member of the United States Armed Forces shall be
  654  issued a license plate on which is stamped the words “Silver
  655  Star” followed by the serial number.
  656         (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen
  657  who is a resident of this state and who was awarded the
  658  Distinguished Service Cross while serving as a member of the
  659  United States Armed Forces shall be issued a license plate on
  660  which is stamped the words “Distinguished Service Cross”
  661  followed by the serial number.
  662         (3) NAVY CROSS.—Any United States citizen who is a resident
  663  of this state and who was awarded the Navy Cross while serving
  664  as a member of the United States Armed Forces shall be issued a
  665  license plate on which is stamped the words “Navy Cross”
  666  followed by the serial number.
  667         (4) AIR FORCE CROSS.—Any United States citizen who is a
  668  resident of this state and who was awarded the Air Force Cross
  669  while serving as a member of the United States Armed Forces
  670  shall be issued a license plate on which is stamped the words
  671  “Air Force Cross” followed by the serial number.
  672         Section 8. Section 683.146, Florida Statutes, is created to
  673  read:
  674         683.146Purple Heart Day.—
  675         (1) August 7 of each year is designated as “Purple Heart
  676  Day.”
  677         (2) The Governor may annually issue a proclamation
  678  designating August 7 as “Purple Heart Day.” Public officials,
  679  schools, private organizations, and all residents of the state
  680  are encouraged to commemorate Purple Heart Day and honor those
  681  wounded or killed while serving in any branch of the United
  682  States Armed Services.
  683         Section 9. Sections 10 through 13 of this act may be cited
  684  as the “T. Patt Maney Veterans’ Treatment Intervention Act.”
  685         Section 10. Military veterans and servicemembers court
  686  program.The chief judge of each judicial circuit may establish
  687  a military veterans and servicemembers court program under which
  688  veterans, as defined in s. 1.01, Florida Statutes, and
  689  servicemembers, as defined in s. 250.01, Florida Statutes, who
  690  are convicted of or charged with a criminal offense and who
  691  suffer from a mental illness, traumatic brain injury, substance
  692  use disorder, or psychological problem as a result of their
  693  military service are eligible to participate. Upon a conviction,
  694  an eligible military veteran or servicemember may be sentenced
  695  in such a manner as to appropriately address the severity of the
  696  mental illness, traumatic brain injury, substance use disorder,
  697  or psychological problem through services tailored to the
  698  individual needs of the participant. Entry into any military
  699  veterans and servicemembers court program must be based upon the
  700  sentencing court’s assessment of the defendant’s criminal
  701  history, military service, need for substance use treatment,
  702  need for mental health treatment, amenability to the services of
  703  the program, the advisory recommendation of the state attorney
  704  and the victim, if any, and the defendant’s agreement to enter
  705  the program.
  706         Section 11. Present subsection (7) of section 948.08,
  707  Florida Statutes, is renumbered as subsection (8), and a new
  708  subsection (7) is added to that section, to read:
  709         948.08 Pretrial intervention program.—
  710         (7)(a) Notwithstanding any provision of this section, a
  711  person who is charged with a felony, other than a felony listed
  712  in s. 948.06(8)(c), and identified as a servicemember, as
  713  defined in s. 250.01, or veteran, as defined in s. 1.01, who
  714  suffers from a military service-related mental illness,
  715  traumatic brain injury, substance use disorder, or psychological
  716  problem, is eligible for voluntary admission into a pretrial
  717  veterans’ treatment intervention program approved by the chief
  718  judge of the circuit, upon motion of either party or the court’s
  719  own motion, except:
  720         1. If a defendant was previously offered admission to a
  721  pretrial veterans treatment intervention program at any time
  722  before trial and the defendant rejected that offer on the
  723  record, the court may deny the defendant’s admission to such a
  724  program.
  725         2. If a defendant previously entered a court-ordered
  726  veterans treatment program, the court may deny the defendant’s
  727  admission into the pretrial veterans’ treatment program.
  728         (b) While enrolled in a pretrial intervention program
  729  authorized by this subsection, the participant shall be subject
  730  to a coordinated strategy developed by a veterans treatment
  731  intervention team. The coordinated strategy should be modeled
  732  after the therapeutic jurisprudence principles and key
  733  components in s. 397.334(4), with treatment specific to the
  734  needs of servicemembers and veterans. The coordinated strategy
  735  may include a protocol of sanctions that may be imposed upon the
  736  participant for noncompliance with program rules. The protocol
  737  of sanctions may include, but need not be limited to, placement
  738  in a treatment program offered by a licensed service provider or
  739  in a jail-based treatment program or serving a period of
  740  incarceration within the time limits established for contempt of
  741  court. The coordinated strategy must be provided in writing to
  742  the participant before the participant agrees to enter into a
  743  pretrial veterans treatment intervention program or other
  744  pretrial intervention program. Any person whose charges are
  745  dismissed after successful completion of the pretrial veterans
  746  treatment intervention program, if otherwise eligible, may have
  747  his or her arrest record to the dismissed charges expunged under
  748  s. 943.0585.
  749         (c) At the end of the pretrial intervention period, the
  750  court shall consider the recommendation of the treatment program
  751  and the recommendation of the state attorney as to disposition
  752  of the pending charges. The court shall determine, by written
  753  finding, whether the defendant has successfully completed the
  754  pretrial intervention program. If the court finds that the
  755  defendant has not successfully completed the pretrial
  756  intervention program, the court may order the person to continue
  757  in education and treatment, which may include treatment programs
  758  offered by licensed service providers or jail-based treatment
  759  programs, or order that the charges revert to normal channels
  760  for prosecution. The court shall dismiss the charges upon a
  761  finding that the defendant has successfully completed the
  762  pretrial intervention program.
  763         Section 12. Section 948.16, Florida Statutes, is amended to
  764  read:
  765         948.16 Misdemeanor pretrial substance abuse education and
  766  treatment intervention program; misdemeanor pretrial veterans
  767  treatment intervention program.—
  768         (1)(a) A person who is charged with a misdemeanor for
  769  possession of a controlled substance or drug paraphernalia under
  770  chapter 893, and who has not previously been convicted of a
  771  felony nor been admitted to a pretrial program, is eligible for
  772  voluntary admission into a misdemeanor pretrial substance abuse
  773  education and treatment intervention program, including a
  774  treatment-based drug court program established pursuant to s.
  775  397.334, approved by the chief judge of the circuit, for a
  776  period based on the program requirements and the treatment plan
  777  for the offender, upon motion of either party or the court’s own
  778  motion, except, if the state attorney believes the facts and
  779  circumstances of the case suggest the defendant is involved in
  780  dealing and selling controlled substances, the court shall hold
  781  a preadmission hearing. If the state attorney establishes, by a
  782  preponderance of the evidence at such hearing, that the
  783  defendant was involved in dealing or selling controlled
  784  substances, the court shall deny the defendant’s admission into
  785  the pretrial intervention program.
  786         (b) While enrolled in a pretrial intervention program
  787  authorized by this section, the participant is subject to a
  788  coordinated strategy developed by a drug court team under s.
  789  397.334(4). The coordinated strategy may include a protocol of
  790  sanctions that may be imposed upon the participant for
  791  noncompliance with program rules. The protocol of sanctions may
  792  include, but is not limited to, placement in a substance abuse
  793  treatment program offered by a licensed service provider as
  794  defined in s. 397.311 or in a jail-based treatment program or
  795  serving a period of incarceration within the time limits
  796  established for contempt of court. The coordinated strategy must
  797  be provided in writing to the participant before the participant
  798  agrees to enter into a pretrial treatment-based drug court
  799  program or other pretrial intervention program. Any person whose
  800  charges are dismissed after successful completion of the
  801  treatment-based drug court program, if otherwise eligible, may
  802  have his or her arrest record and plea of nolo contendere to the
  803  dismissed charges expunged under s. 943.0585.
  804         (2)(a) A servicemember, as defined in s. 250.01, or
  805  veteran, as defined in s. 1.01, who suffers from a military
  806  service-related mental illness, traumatic brain injury,
  807  substance use disorder, or psychological problem, and who is
  808  charged with a misdemeanor is eligible for voluntary admission
  809  into a misdemeanor pretrial veterans treatment intervention
  810  program approved by the chief judge of the circuit, for a period
  811  based on the program’s requirements and the treatment plan for
  812  the offender, upon motion of either party or the court’s own
  813  motion. However, the court may deny the defendant admission into
  814  a misdemeanor pretrial veterans treatment intervention program
  815  if the defendant has previously entered a court-ordered
  816  veterans treatment program.
  817         (b) While enrolled in a pretrial intervention program
  818  authorized by this section, the participant shall be subject to
  819  a coordinated strategy developed by a veterans treatment
  820  intervention team. The coordinated strategy should be modeled
  821  after the therapeutic jurisprudence principles and key
  822  components in s. 397.334(4), with treatment specific to the
  823  needs of servicemembers and veterans. The coordinated strategy
  824  may include a protocol of sanctions that may be imposed upon the
  825  participant for noncompliance with program rules. The protocol
  826  of sanctions may include, but need not be limited to, placement
  827  in a treatment program offered by a licensed service provider or
  828  in a jail-based treatment program or serving a period of
  829  incarceration within the time limits established for contempt of
  830  court. The coordinated strategy must be provided in writing to
  831  the participant before the participant agrees to enter into a
  832  misdemeanor pretrial veterans treatment intervention program or
  833  other pretrial intervention program. Any person whose charges
  834  are dismissed after successful completion of the misdemeanor
  835  pretrial veterans treatment intervention program, if otherwise
  836  eligible, may have his or her arrest record to the dismissed
  837  charges expunged under s. 943.0585.
  838         (3)(2) At the end of the pretrial intervention period, the
  839  court shall consider the recommendation of the treatment program
  840  and the recommendation of the state attorney as to disposition
  841  of the pending charges. The court shall determine, by written
  842  finding, whether the defendant successfully completed the
  843  pretrial intervention program. Notwithstanding the coordinated
  844  strategy developed by a drug court team pursuant to s.
  845  397.334(4) or by the veterans treatment intervention team, if
  846  the court finds that the defendant has not successfully
  847  completed the pretrial intervention program, the court may order
  848  the person to continue in education and treatment or return the
  849  charges to the criminal docket for prosecution. The court shall
  850  dismiss the charges upon finding that the defendant has
  851  successfully completed the pretrial intervention program.
  852         (4)(3) Any public or private entity providing a pretrial
  853  substance abuse education and treatment program under this
  854  section shall contract with the county or appropriate
  855  governmental entity. The terms of the contract shall include,
  856  but not be limited to, the requirements established for private
  857  entities under s. 948.15(3). This requirement does not apply to
  858  services provided by the Department of Veterans Affairs or the
  859  United States Department of Veterans Affairs.
  860         Section 13. Section 948.21, Florida Statutes, is created to
  861  read:
  862         948.21 Condition of probation or community control;
  863  military servicemembers and veterans.—Effective for a
  864  probationer or community controllee whose crime was committed on
  865  or after July 1, 2012, and who is a servicemember, as defined in
  866  s. 250.01, or veteran, as defined in s. 1.01, who suffers from a
  867  military service-related mental illness, traumatic brain injury,
  868  substance use disorder, or psychological problem, the court may,
  869  in addition to any other conditions imposed, impose a condition
  870  requiring the probationer or community controllee to participate
  871  in a treatment program capable of treating the probationer or
  872  community controllee’s mental illness, traumatic brain injury,
  873  substance use disorder, or psychological problem. The court
  874  shall give preference to treatment programs for which the
  875  probationer or community controllee is eligible through the
  876  Department of Veterans’ Affairs or the United States Department
  877  of Veterans Affairs.
  878         Section 14. Subsection (1) of section 1003.05, Florida
  879  Statutes, is amended to read:
  880         1003.05 Assistance to transitioning students from military
  881  families.—
  882         (1) The Legislature finds that school-aged dependents of
  883  military personnel, otherwise known as military students, are
  884  faced with numerous transitions during their formative years and
  885  that moves during the high school years provide special
  886  challenges to learning and future achievement.
  887         (a) Recognizing the challenges faced by military students
  888  and the importance of military families to our community and
  889  economy, the Department of Education shall assist the transition
  890  of these students by improving the timely transfer of records,
  891  developing systems to ease student transition during the first 2
  892  weeks of enrollment, promoting practices which foster access to
  893  extracurricular programs, establishing procedures to lessen the
  894  adverse impact of moves from the end of the junior year as well
  895  as before and during the senior year, encouraging or continuing
  896  partnerships between the military base and the school system,
  897  providing services for transitioning students when applying to
  898  and finding funding for postsecondary study, and providing other
  899  assistance as identified by department, school, and military
  900  personnel.
  901         (b) If a local school board adjusts school zones within its
  902  boundaries, military students shall be given the option of
  903  remaining at the school they are currently attending or may
  904  attend the school assigned as a result of the rezoning.
  905         Section 15. Section 1004.075, Florida Statutes, is created
  906  to read:
  907         1004.075 Priority course registration for veterans.—Each
  908  Florida College System institution and state university that
  909  offers priority course registration for a segment of the student
  910  population, or upon implementation of priority course
  911  registration for a segment of the student population, shall
  912  provide priority course registration for each veteran of the
  913  United States Armed Forces. Priority registration shall be given
  914  to the spouse or a dependent child of the veteran to whom GI
  915  Bill educational benefits have been transferred. Each eligible
  916  veteran shall be granted priority for course registration for
  917  the duration of his or her attendance at a Florida College
  918  System institution and state university if priority registration
  919  is offered. A spouse or dependent child shall also be granted
  920  priority for registration until the expiration of the GI Bill
  921  educational benefits.
  922         Section 16. Section 1005.09, Florida Statutes, is created
  923  to read:
  924         1005.09 Priority course registration for veterans.—Each
  925  independent postsecondary educational institution that is under
  926  the jurisdiction of the commission or is exempt from the
  927  jurisdiction of the commission and that offers priority course
  928  registration for a segment of the student population, or upon
  929  implementation of priority course registration for a segment of
  930  the student population, is encouraged to provide priority course
  931  registration for each veteran of the United States Armed Forces,
  932  or his or her spouse or dependent children, who is receiving GI
  933  Bill educational benefits, in accordance with s. 1004.075.
  934         Section 17. Present paragraphs (c) through (k) of
  935  subsection (10) of section 1009.21, Florida Statutes, are
  936  redesignated as paragraphs (d) through (l), respectively, and a
  937  new paragraph (c) is added to that subsection, to read:
  938         1009.21 Determination of resident status for tuition
  939  purposes.—Students shall be classified as residents or
  940  nonresidents for the purpose of assessing tuition in
  941  postsecondary educational programs offered by charter technical
  942  career centers or career centers operated by school districts,
  943  in Florida College System institutions, and in state
  944  universities.
  945         (10) The following persons shall be classified as residents
  946  for tuition purposes:
  947         (c)Veterans of the Armed Services of the United States,
  948  including reserve components thereof, who attend the physical
  949  location of a public college, university, or institution of
  950  higher learning within the state.
  951         Section 18. Except as otherwise expressly provided in this
  952  act, this act shall take effect July 1, 2012.