Senate Bill sb1604e1

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  1                      A bill to be entitled

  2         An act relating to military affairs; creating

  3         s. 163.3175, F.S.; providing legislative

  4         findings on the compatibility of development

  5         with military installations; providing for the

  6         exchange of information relating to proposed

  7         land use decisions between counties and local

  8         governments and military installations;

  9         providing for responsive comments by the

10         commanding officer or his or her designee;

11         providing for the county or affected local

12         government to take such comments into

13         consideration; providing for a representative

14         of the military installation to be an

15         ex-officio, nonvoting member of the county's or

16         local government's land planning or zoning

17         board; encouraging the commanding officer to

18         provide information on community planning

19         assistance grants; providing definitions;

20         amending s. 163.3177, F.S.; providing for the

21         future land use plan element of comprehensive

22         plans to include compatibility with military

23         installations; requiring the inclusion of

24         criteria; requiring local governments to update

25         or amend their comprehensive plan by a certain

26         date; providing for the coordination by the

27         state land planning agency and the Department

28         of Defense on compatibility issues for military

29         installations; amending s. 163.3187, F.S.;

30         providing that amendments to address

31         compatibility or include criteria do not count


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 1         toward the limitation on frequency of amending

 2         comprehensive plans; amending s. 163.3191,

 3         F.S.; providing that evaluations of

 4         comprehensive plans include whether such

 5         criteria were successful in resolving land use

 6         compatibility uses with military installations;

 7         amending s. 288.980, F.S.; creating the Defense

 8         Infrastructure Grant Program; providing the

 9         purpose and for implementation of the program;

10         amending s. 295.01, F.S.; revising certain

11         requirements relating to scholarships for

12         children of deceased veterans; amending s.

13         443.101, F.S.; providing eligibility for

14         unemployment compensation benefits for the

15         spouses of a member of the military under

16         certain circumstances beginning on a date

17         certain;  amending s. 445.007, F.S.; providing

18         for the appointment of a military

19         representative to certain regional workforce

20         boards; amending s. 464.009, F.S.; removing a

21         scheduled repeal of provisions; providing for

22         licensure by endorsement of certain nurses

23         licensed in another state that is a member of

24         the Nurse Licensure Compact; amending s.

25         464.022, F.S.; providing that certain nurses

26         relocating to this state may perform nursing

27         services for a period of 120 days after

28         submitting application for licensure; amending

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

30         requirements for military dependents applying

31         for a John M. McKay Scholarship; requiring the


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 1         State Board of Education to adopt rules;

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

 3         Department of Education to assist in the

 4         development of memoranda of agreement between

 5         school districts and military installations;

 6         providing that qualifying military dependents

 7         receive priority admission to certain special

 8         academic programs; creating s. 1008.221, F.S.;

 9         providing for alternate assessments for the

10         grade 10 FCAT for certain military dependents;

11         amending s. 1009.21, F.S.; classifying

12         dependents of active duty members of the armed

13         forces and certain liaison officers and their

14         spouses and dependent children as residents for

15         tuition purposes; directing Workforce Florida,

16         Inc., to establish an employment advocacy and

17         assistance program targeting military spouses

18         and dependents; directing the Florida Housing

19         Finance Corporation to assess the housing needs

20         of Florida's military families; requiring a

21         report; providing an effective date.

22  

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

24  

25         Section 1.  Section 163.3175, Florida Statutes, is

26  created to read:

27         163.3175  Legislative findings on compatibility of

28  development with military installations; exchange of

29  information between local governments and military

30  installations.--

31  


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 1         (1)  The Legislature finds that incompatible

 2  development of land close to military installations can

 3  adversely affect the ability of such an installation to carry

 4  out its mission. The Legislature further finds that such

 5  development also threatens the public safety because of the

 6  possibility of accidents occurring within the areas

 7  surrounding a military installation. In addition, the economic

 8  vitality of a community is affected when military operations

 9  and missions must relocate because of incompatible urban

10  encroachment. Therefore, the Legislature finds it desirable

11  for the local governments in the state to cooperate with

12  military installations to encourage compatible land use, help

13  prevent incompatible encroachment, and facilitate the

14  continued presence of major military installations in this

15  state.

16         (2)  Each county in which a military installation is

17  either wholly or partially located and each affected local

18  government must transmit to the commanding officer of that

19  installation information relating to proposed changes to

20  comprehensive plans, plan amendments, and proposed changes to

21  land development regulations which, if approved, would affect

22  the intensity, density, or use of the land adjacent to or in

23  close proximity to the military installation. Each county and

24  affected local government shall provide the military

25  installation an opportunity to review and comment on the

26  proposed changes.

27         (3)  The commanding officer or his or her designee may

28  provide comments to the county or affected local government on

29  the impact such proposed changes may have on the mission of

30  the military installation.  Such comments may include:

31  


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 1         (a)  If the installation has an airfield, whether such

 2  proposed changes will be incompatible with the safety and

 3  noise standards contained in the Air Installation Compatible

 4  Use Zone (AICUZ) adopted by the military installation for that

 5  airfield;

 6         (b)  Whether such changes are incompatible with the

 7  Installation Environmental Noise Management Program (IENMP) of

 8  the United States Army;

 9         (c)  Whether such changes are incompatible with the

10  findings of a Joint Land Use Study (JLUS) for the area if one

11  has been completed; and

12         (d)  Whether the military installation's mission will

13  be adversely affected by the proposed actions of the county or

14  affected local government.

15         (4)  The county or affected local government shall take

16  into consideration any comments provided by the commanding

17  officer or his or her designee when making such decision

18  regarding comprehensive planning or land development

19  regulation. The county or affected local government shall

20  forward a copy of any such comments to the state land planning

21  agency.

22         (5)  To facilitate the exchange of information provided

23  for in this section, a representative of a military

24  installation acting on behalf of all military installations

25  within that jurisdiction shall be included as an exofficio,

26  nonvoting member of the county's or affected local

27  government's land planning or zoning board.

28         (6)  The commanding officer is encouraged to provide

29  information about any community planning assistance grants

30  that may be available to a county or affected local government

31  through the federal Office of Economic Adjustment as an


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 1  incentive for communities to participate in a joint planning

 2  process that would facilitate the compatibility of community

 3  planning and the activities and mission of the military

 4  installation.

 5         (7)  As used in this section, the term:

 6         (a)  "Affected local government" means a municipality

 7  adjacent to or in close proximity to the military installation

 8  as determined by the state land planning agency.

 9         (b)  "Military installation" means a base, camp, post,

10  station, airfield, yard, center, home port facility for any

11  ship, or other land area under the jurisdiction of the

12  Department of Defense, including any leased facility. Such

13  term does not include any facility used primarily for civil

14  works, rivers and harbors projects, or flood control projects.

15         Section 2.  Paragraph (a) of subsection (6) and

16  paragraph (l) of subsection (10) of section 163.3177, Florida

17  Statutes, are amended to read:

18         163.3177  Required and optional elements of

19  comprehensive plan; studies and surveys.--

20         (6)  In addition to the requirements of subsections

21  (1)-(5), the comprehensive plan shall include the following

22  elements:

23         (a)  A future land use plan element designating

24  proposed future general distribution, location, and extent of

25  the uses of land for residential uses, commercial uses,

26  industry, agriculture, recreation, conservation, education,

27  public buildings and grounds, other public facilities, and

28  other categories of the public and private uses of land. Each

29  future land use category must be defined in terms of uses

30  included, and must include standards to be followed in the

31  control and distribution of population densities and building


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 1  and structure intensities. The proposed distribution,

 2  location, and extent of the various categories of land use

 3  shall be shown on a land use map or map series which shall be

 4  supplemented by goals, policies, and measurable objectives.

 5  The future land use plan shall be based upon surveys, studies,

 6  and data regarding the area, including the amount of land

 7  required to accommodate anticipated growth; the projected

 8  population of the area; the character of undeveloped land; the

 9  availability of public services; the need for redevelopment,

10  including the renewal of blighted areas and the elimination of

11  nonconforming uses which are inconsistent with the character

12  of the community; the compatibility of uses on lands adjacent

13  to or closely proximate to military installations; and, in

14  rural communities, the need for job creation, capital

15  investment, and economic development that will strengthen and

16  diversify the community's economy. The future land use plan

17  may designate areas for future planned development use

18  involving combinations of types of uses for which special

19  regulations may be necessary to ensure development in accord

20  with the principles and standards of the comprehensive plan

21  and this act. The future land use plan element shall include

22  criteria to be used to achieve the compatibility of adjacent

23  or closely proximate lands with military installations. In

24  addition, for rural communities, the amount of land designated

25  for future planned industrial use shall be based upon surveys

26  and studies that reflect the need for job creation, capital

27  investment, and the necessity to strengthen and diversify the

28  local economies, and shall not be limited solely by the

29  projected population of the rural community. The future land

30  use plan of a county may also designate areas for possible

31  future municipal incorporation. The land use maps or map


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 1  series shall generally identify and depict historic district

 2  boundaries and shall designate historically significant

 3  properties meriting protection.  The future land use element

 4  must clearly identify the land use categories in which public

 5  schools are an allowable use.  When delineating the land use

 6  categories in which public schools are an allowable use, a

 7  local government shall include in the categories sufficient

 8  land proximate to residential development to meet the

 9  projected needs for schools in coordination with public school

10  boards and may establish differing criteria for schools of

11  different type or size.  Each local government shall include

12  lands contiguous to existing school sites, to the maximum

13  extent possible, within the land use categories in which

14  public schools are an allowable use. All comprehensive plans

15  must comply with the school siting requirements of this

16  paragraph no later than October 1, 1999. The failure by a

17  local government to comply with these school siting

18  requirements by October 1, 1999, will result in the

19  prohibition of the local government's ability to amend the

20  local comprehensive plan, except for plan amendments described

21  in s. 163.3187(1)(b), until the school siting requirements are

22  met. Amendments proposed by a local government for purposes of

23  identifying the land use categories in which public schools

24  are an allowable use or for adopting or amending the

25  school-siting maps pursuant to s. 163.31776(3) are exempt from

26  the limitation on the frequency of plan amendments contained

27  in s. 163.3187. The future land use element shall include

28  criteria that encourage the location of schools proximate to

29  urban residential areas to the extent possible and shall

30  require that the local government seek to collocate public

31  facilities, such as parks, libraries, and community centers,


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 1  with schools to the extent possible and to encourage the use

 2  of elementary schools as focal points for neighborhoods. For

 3  schools serving predominantly rural counties, defined as a

 4  county with a population of 100,000 or fewer, an agricultural

 5  land use category shall be eligible for the location of public

 6  school facilities if the local comprehensive plan contains

 7  school siting criteria and the location is consistent with

 8  such criteria. Local governments required to update or amend

 9  their comprehensive plan to include criteria and address

10  compatibility of adjacent or closely proximate lands with

11  existing military installations in their future land use plan

12  element shall transmit the update or amendment to the

13  department by June 30, 2006.

14         (10)  The Legislature recognizes the importance and

15  significance of chapter 9J-5, Florida Administrative Code, the

16  Minimum Criteria for Review of Local Government Comprehensive

17  Plans and Determination of Compliance of the Department of

18  Community Affairs that will be used to determine compliance of

19  local comprehensive plans.  The Legislature reserved unto

20  itself the right to review chapter 9J-5, Florida

21  Administrative Code, and to reject, modify, or take no action

22  relative to this rule. Therefore, pursuant to subsection (9),

23  the Legislature hereby has reviewed chapter 9J-5, Florida

24  Administrative Code, and expresses the following legislative

25  intent:

26         (l)  The state land planning agency shall consider land

27  use compatibility issues in the vicinity of all airports in

28  coordination with the Department of Transportation and

29  adjacent to or in close proximity to all military

30  installations in coordination with the Department of Defense.

31  


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 1         Section 3.  Paragraph (m) is added to subsection (1) of

 2  section 163.3187, Florida Statutes, to read:

 3         163.3187  Amendment of adopted comprehensive plan.--

 4         (1)  Amendments to comprehensive plans adopted pursuant

 5  to this part may be made not more than two times during any

 6  calendar year, except:

 7         (m)  A comprehensive plan amendment that addresses

 8  criteria or compatibility of land uses adjacent to or in close

 9  proximity to military installations in a local government's

10  future land use element does not count toward the limitation

11  on the frequency of the plan amendments.

12         Section 4.  Paragraph (n) is added to subsection (2) of

13  section 163.3191, Florida Statutes, to read:

14         163.3191  Evaluation and appraisal of comprehensive

15  plan.--

16         (2)  The report shall present an evaluation and

17  assessment of the comprehensive plan and shall contain

18  appropriate statements to update the comprehensive plan,

19  including, but not limited to, words, maps, illustrations, or

20  other media, related to:

21         (n)  An assessment of whether the criteria adopted

22  pursuant to s. 163.3177(6)(a) was successful in achieving

23  compatibility with military installations.

24         Section 5.  Present subsections (4), (5), (6), (7), and

25  (8) of section 288.980, Florida Statutes, are renumbered as

26  subsections (5), (6), (7), (8), and (9), respectively, and a

27  new subsection (4) is added to that section to read:

28         288.980  Military base retention; legislative intent;

29  grants program.--

30         (4)  The Defense Infrastructure Grant Program is

31  created.  The director of the Office of Tourism, Trade, and


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 1  Economic Development shall coordinate and implement this

 2  program, the purpose of which is to support local

 3  infrastructure projects deemed to have a positive impact on

 4  the military value of installations within the state.  Funds

 5  are to be used for projects that benefit both the local

 6  community and the military installation. It is not the intent,

 7  however, to fund on-base military construction projects.

 8  Infrastructure projects to be funded under this program

 9  include, but are not limited to, those related to

10  encroachment, transportation and access, utilities,

11  communications, housing, environment, and security. Grant

12  requests will be accepted only from economic development

13  applicants serving in the official capacity of a governing

14  board of a county, municipality, special district, or state

15  agency that will have the authority to maintain the project

16  upon completion. An applicant must represent a community or

17  county in which a military installation is located. There is

18  no limit as to the amount of any grant awarded to an

19  applicant. A match by the county or local community may be

20  required.  The Office of Tourism, Trade, and Economic

21  Development shall establish guidelines to implement the

22  purpose of this subsection.

23         Section 6.  Subsection (1) of section 295.01, Florida

24  Statutes, is amended to read:

25         295.01  Children of deceased or disabled veterans;

26  education.--

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

28  state to provide educational opportunity at state expense for

29  dependent children either of whose parents was a resident of

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

31  and:


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

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

 3  service or from injuries sustained or disease contracted

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

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

 6  disability resulting from such war service, or

 7         (b)  Has been:

 8         1.  Determined by the United States Department of

 9  Veterans Affairs or its predecessor to have a

10  service-connected 100-percent total and permanent disability

11  rating for compensation;,

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

13  permanent disability rating of 100 percent and is in receipt

14  of disability retirement pay from any branch of the United

15  States Armed Services;, or

16         3.  Issued a valid identification card by the

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

18  

19  when the parents of such children have been bona fide

20  residents of the state for 5 years next preceding their

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

22  restrictions, and limitations hereof.

23         Section 7.  Paragraph (a) of subsection (1) of section

24  443.101, Florida Statutes, is amended to read:

25         443.101  Disqualification for benefits.--An individual

26  shall be disqualified for benefits:

27         (1)(a)  For the week in which he or she has voluntarily

28  left his or her work without good cause attributable to his or

29  her employing unit or in which the individual has been

30  discharged by his or her employing unit for misconduct

31  connected with his or her work, based on a finding by the


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 1  Agency for Workforce Innovation. As used in this paragraph,

 2  the term "work" means any work, whether full-time, part-time,

 3  or temporary.

 4         1.  Disqualification for voluntarily quitting continues

 5  for the full period of unemployment next ensuing after he or

 6  she has left his or her full-time, part-time, or temporary

 7  work voluntarily without good cause and until the individual

 8  has earned income equal to or in excess of 17 times his or her

 9  weekly benefit amount. As used in this subsection, the term

10  "good cause" includes only that cause attributable to the

11  employing unit or which consists of illness or disability of

12  the individual requiring separation from his or her work. Any

13  other disqualification may not be imposed. An individual is

14  not disqualified under this subsection for voluntarily leaving

15  temporary work to return immediately when called to work by

16  the permanent employing unit that temporarily terminated his

17  or her work within the previous 6 calendar months. For benefit

18  years beginning on or after July 1, 2004, an individual is not

19  disqualified under this subsection for voluntarily leaving

20  work to relocate as a result of his or her military-connected

21  spouse's permanent change of station orders, activation

22  orders, or unit deployment orders.

23         2.  Disqualification for being discharged for

24  misconduct connected with his or her work continues for the

25  full period of unemployment next ensuing after having been

26  discharged and until the individual has become reemployed and

27  has earned income of at least 17 times his or her weekly

28  benefit amount and for not more than 52 weeks that immediately

29  follow that week, as determined by the Agency for Workforce

30  Innovation in each case according to the circumstances in each

31  case or the seriousness of the misconduct, under the agency's


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 1  rules adopted for determinations of disqualification for

 2  benefits for misconduct.

 3         Section 8.  Subsection (1) of section 445.007, Florida

 4  Statutes, is amended to read:

 5         445.007  Regional workforce boards; exemption from

 6  public meetings law.--

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

 8  each designated service delivery area and shall serve as the

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

10  105-220. The membership of the board shall be consistent with

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

12  representative from a nonpublic postsecondary educational

13  institution that is an authorized individual training account

14  provider within the region and confers certificates and

15  diplomas, one representative from a nonpublic postsecondary

16  educational institution that is an authorized individual

17  training account provider within the region and confers

18  degrees, and three representatives of organized labor. The

19  board shall include one representative from a military

20  installation if a military installation is located within the

21  region. Individuals serving as members of regional workforce

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

23  2000, are eligible for appointment to regional workforce

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

25  Legislature that, whenever possible and to the greatest extent

26  practicable, membership of a regional workforce board include

27  persons who are current or former recipients of welfare

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

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

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

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


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 1  representation shall be considered when making appointments to

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

 3  contract with an organization or individual represented on the

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

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

 6  could benefit financially from the transaction must abstain

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

 8  such conflict in a manner that is consistent with the

 9  procedures outlined in s. 112.3143.

10         Section 9.  Subsection (1) of section 464.009, Florida

11  Statutes, is amended, present subsections (3), (4), and (5) of

12  that section are redesignated as subsections (4), (5), and

13  (6), respectively, and a new subsection (3) is added to that

14  section, to read:

15         464.009  Licensure by endorsement.--

16         (1)  The department shall issue the appropriate license

17  by endorsement to practice professional or practical nursing

18  to an applicant who, upon applying to the department and

19  remitting a fee set by the board not to exceed $100,

20  demonstrates to the board that he or she:

21         (a)  Holds a valid license to practice professional or

22  practical nursing in another state or territory of the United

23  States, provided that, when the applicant secured his or her

24  original license, the requirements for licensure were

25  substantially equivalent to or more stringent than those

26  existing in Florida at that time;

27         (b)  Meets the qualifications for licensure in s.

28  464.008 and has successfully completed a state, regional, or

29  national examination which is substantially equivalent to or

30  more stringent than the examination given by the department;

31  or


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 1         (c)  Has actively practiced nursing in another state,

 2  jurisdiction, or territory of the United States for 2 of the

 3  preceding 3 years without having his or her license acted

 4  against by the licensing authority of any jurisdiction.

 5  Applicants who become licensed pursuant to this paragraph must

 6  complete within 6 months after licensure a Florida laws and

 7  rules course that is approved by the board. Once the

 8  department has received the results of the national criminal

 9  history check and has determined that the applicant has no

10  criminal history, the appropriate license by endorsement shall

11  be issued to the applicant. This paragraph is repealed July 1,

12  2004, unless reenacted by the Legislature.

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

14  relocating to this state pursuant to his or her

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

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

17  Licensure Compact shall be deemed to have satisfied the

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

19  by endorsement upon submission of the appropriate application

20  and fees and completion of the criminal background check

21  required under subsection (4).

22         Section 10.  Subsection (8) of section 464.022, Florida

23  Statutes, is amended to read:

24         464.022  Exceptions.--No provision of this part shall

25  be construed to prohibit:

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

27  territory of the United States from performing nursing

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

29  furnishing to the employer satisfactory evidence of current

30  licensure in another state or territory and having submitted

31  proper application and fees to the board for licensure prior


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

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

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

 4  period shall be 120 days after furnishing to the employer

 5  satisfactory evidence of current licensure in another state or

 6  territory and having submitted proper application and fees to

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

 8  extend this time for administrative purposes when necessary.

 9         Section 11.  Subsections (2) and (8) of section

10  1002.39, Florida Statutes, are amended to read:

11         1002.39  The John M. McKay Scholarships for Students

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

13  that is separate and distinct from the Opportunity Scholarship

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

15  Students with Disabilities Program, pursuant to this section.

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

17  school student with a disability who is dissatisfied with the

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

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

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

21         (a)  By assigned school attendance area or by special

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

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

24  attendance means that the student was enrolled and reported by

25  a school district for funding during the preceding October and

26  February Florida Education Finance Program surveys in

27  kindergarten through grade 12. However, this paragraph does

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

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

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

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


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    CS for CS for SB 1604                          First Engrossed



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

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

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

 4  orders must meet all other eligibility requirements to

 5  participate in the program.

 6         (b)  The parent has obtained acceptance for admission

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

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

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

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

11  parental notification must be through a communication directly

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

13  district in a manner that creates a written or electronic

14  record of the notification and the date of receipt of the

15  notification.

16  

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

18  school operating for the purpose of providing educational

19  services to youth in Department of Juvenile Justice commitment

20  programs. For purposes of continuity of educational choice,

21  the scholarship shall remain in force until the student

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

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

24  student from the private school and place the student in

25  another private school that is eligible for the program under

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

27  (3).

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

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

30  administer this section, including rules that school districts

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


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 1  based on a current individual education plan from another

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

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

 4  States Armed Forces. The rules must identify the appropriate

 5  school district personnel who must complete the matrix of

 6  services.  For purposes of these rules, a transferring

 7  student with a disability is one who was previously enrolled

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

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

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

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

12  orders. However, the inclusion of eligible private schools

13  within options available to Florida public school students

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

15  officers, or any school district to impose any additional

16  regulation of private schools beyond those reasonably

17  necessary to enforce requirements expressly set forth in this

18  section.

19         Section 12.  Subsection (2) of section 1003.05, Florida

20  Statutes, is amended, and subsection (3) is added to that

21  section to read:

22         1003.05  Assistance to transitioning students from

23  military families.--

24         (2)  The Department of Education shall facilitate the

25  development and implementation of memoranda of agreement

26  between school districts and military installations which

27  address strategies for assisting students who are the children

28  of active-duty military personnel in the transition to Florida

29  schools. identify its efforts and strategies for assisting

30  military-connected students in transitioning to the Florida

31  school system, including the identification of acceptable


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 1  equivalence for curriculum and graduation requirements, and

 2  report its findings to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives by

 4  October 1, 2003.

 5         (3)  Dependent children of active-duty military

 6  personnel who otherwise meet the eligibility criteria for

 7  special academic programs offered through public schools shall

 8  be given first preference for admission to such programs even

 9  if the program is being offered through a public school other

10  than the school to which the student would generally be

11  assigned and the school at which the program is being offered

12  has reached its maximum enrollment.  If such a program is

13  offered through a public school other than the school to which

14  the student would generally be assigned, the parent or

15  guardian of the student must assume responsibility for

16  transporting the student to that school.  For purposes of this

17  subsection special academic programs include charter schools,

18  magnet schools, advanced studies programs, advanced placement,

19  dual enrollment, and International Baccalaureate.

20         Section 13.  Section 1008.221, Florida Statutes, is

21  created to read:

22         1008.221  Dependent children of military personnel

23  transferring to Florida schools; equivalencies for

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

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

26  12th grade from out of state or from a foreign country and

27  provides satisfactory proof of attaining a score on an

28  approved alternative assessment that is concordant to a

29  passing score on the grade 10 FCAT shall satisfy the

30  assessment requirement for a standard high school diploma as

31  


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

 2  approved alternative assessments are the SAT and ACT.

 3         Section 14.  Paragraph (b) of subsection (10) of

 4  section 1009.21, Florida Statutes, is amended, and paragraph

 5  (k) is added to that subsection, to read:

 6         1009.21  Determination of resident status for tuition

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

 8  nonresidents for the purpose of assessing tuition in community

 9  colleges and state universities.

10         (10)  The following persons shall be classified as

11  residents for tuition purposes:

12         (b)  Active duty members of the Armed Services of the

13  United States and their spouses and dependents attending a

14  public community college or state university within 50 miles

15  of the military establishment where they are stationed, if

16  such military establishment is within a county contiguous to

17  Florida.

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

19  who are serving as liaison officers and are residing or

20  stationed in this state, and their spouses and dependent

21  children, attending a community college or state university

22  within 50 miles of the military establishment where the

23  foreign liaison officer is stationed.

24         Section 15.  (1)  The Legislature finds that military

25  families are faced with a variety of challenges, including

26  frequent relocations, recurring deployments, lengthy periods

27  of separation, and heightened anxiety and uncertainty during

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

29  skills and maintain a career contributes to the financial

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

31  life, and military retention and readiness. Military spouses


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 1  are often required to terminate their employment in order to

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

 3  unemployment rate for military spouses is approximately four

 4  times the civilian unemployment rate, and military spouse

 5  earnings are significantly lower than those of their

 6  comparably educated civilian peers.  Recognizing the

 7  employment challenges faced by military spouses and the

 8  importance of military families to our communities and

 9  economy, the Legislature declares its intent to establish an

10  employment advocacy and assistance program to serve Florida's

11  military families.

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

13  employment advocacy and assistance program targeting military

14  spouses and dependents.  This program shall deliver employment

15  assistance services through military family employment

16  advocates colocated within selected one-stop career centers.

17  Persons eligible for assistance through this program shall

18  include spouses and dependents of active-duty military

19  personnel, Florida National Guard members, and military

20  reservists.

21         (3)  Military family employment advocates are

22  responsible for providing the following services and

23  activities:

24         (a)  Coordination of employment assistance services

25  through military base family support centers, Florida's

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

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

28  staff on the unique employment needs and skills of military

29  family members.

30         (c)  Promoting and marketing the benefits of employing

31  military family members to prospective employers.


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 1         (d)  Assisting employment-seeking military family

 2  members through job counseling, job search and placement

 3  services, the dissemination of information on educational and

 4  training programs, and the availability of support services.

 5         (e)  Other employment assistance services Workforce

 6  Florida, Inc., deems necessary.

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

 8  with public and private entities to provide services

 9  authorized under this section.

10         Section 16.  The Florida Housing Finance Corporation

11  shall undertake an assessment of the needs of active duty

12  military personnel and their families living in Florida for

13  affordable housing.  The needs assessment shall provide

14  information on the population characteristics of the service

15  personnel and their families having total gross incomes of up

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

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

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

19  condition of existing housing; and the availability of

20  homeowner and rental housing that is affordable to these

21  service personnel and their families.  The corporation shall

22  report its findings and recommendations to the Governor, the

23  President of the Senate, the Speaker of the House of

24  Representatives, the Senate Minority Leader, and the House

25  Minority Leader by December 31, 2004.

26         Section 17.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  


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