Florida Senate - 2008 CS for SB 574

By the Committee on Military Affairs and Domestic Security; and Senators Baker and Gaetz

583-04215-08 2008574c1

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A bill to be entitled

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An act relating to Reserve Officers' Training Corps

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programs; creating s. 1003.451, F.S.; prohibiting a school

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district from banning a Junior Reserve Officers' Training

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Corps unit in certain schools; requiring a school district

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to allow a student, under certain circumstances, to enroll

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in the Junior Reserve Officers' Training Corps at another

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school; specifying that a school district is not required

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to provide transportation for a student enrolling in the

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Junior Reserve Officers' Training Corps at another school;

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requiring a school district to grant military recruiters

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certain access to students, school facilities and grounds,

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and certain student information; providing for

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enforcement; providing for the adoption of rules by the

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State Board of Education; creating s. 1004.009, F.S.;

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prohibiting a community college or state university from

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banning, to the extent prohibited by federal law, a Senior

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Reserve Officers' Training Corps unit; requiring that a

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community college or state university, to the extent

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required by federal law, grant military recruiters certain

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access to students, campus facilities and grounds, and

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certain student information; providing an effective date.

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

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     Section 1.  Section 1003.451, Florida Statutes, is created

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to read:

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     1003.451 Junior Reserve Officers' Training Corps; military

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recruiters; access to public school campuses.--

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     (1) A school district may not ban any branch of the United

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States Armed Forces or the United States Department of Homeland

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Security from establishing, maintaining, or operating a unit of

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the Junior Reserve Officers' Training Corps at a public high

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school in the district.

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     (2)(a) A school district shall allow a student attending a

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public high school in the district to enroll in the Junior

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Reserve Officers' Training Corps at another public high school in

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the district unless:

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     1. The student's school offers the Junior Reserve Officers'

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Training Corps for any branch of the United States Armed Forces

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or United States Department of Homeland Security;

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     2. The student does not meet the Junior Reserve Officers'

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Training Corps' minimum enrollment qualifications; or

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     3. Scheduling of the student's courses of study do not

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allow the student to attend the Junior Reserve Officers' Training

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Corps at another public high school in the district.

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     (b) This subsection does not require a school district to

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provide transportation for a student to attend the Junior Reserve

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Officers' Training Corps at another public high school in the

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district.

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     (3)(a) A school district shall, as required in 20 U.S.C. s.

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7908(a)(3), grant military recruiters of the United States Armed

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Forces and United States Department of Homeland Security the same

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access to secondary school students, and to school facilities and

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grounds, which the district grants to postsecondary educational

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institutions or prospective employers of students.

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     (b) A school district shall, as required in 20 U.S.C. s.

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7908(a)(1), grant military recruiters access to the names,

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addresses, and telephone listings of secondary school students,

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except, the district shall comply with a student's or parent's

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request under 20 U.S.C. s. 7908(a)(2) or s. 1002.22(3)(d) not to

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release the student's information without prior written parental

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consent.

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     (4) The State Board of Education shall enforce this section

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under s. 1008.32.

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     (5) The State Board of Education may adopt rules under ss.

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120.536(1) and 120.54 to administer this section.

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     Section 2.  Section 1004.09, Florida Statutes, is created to

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read:

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     1004.09 Senior Reserve Officers' Training Corps; military

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recruiters; access to community college and state university

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campuses.--

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     (1) A community college or state university may not ban, to

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the extent prohibited in 10 U.S.C. s. 983(a)(1), any branch of

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the United States Armed Forces from establishing, maintaining, or

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operating a unit of the Senior Reserve Officers' Training Corps

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at the college or university.

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     (2)(a) A community college or state university shall, to

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the extent required in 10 U.S.C. s. 983(b)(1), grant military

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recruiters of the United States Armed Forces and United States

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Department of Homeland Security the same access to the college's

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or university's students, and to campus facilities and grounds,

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which the college or university grants to other employers.

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     (b) A community college or state university shall, to the

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extent required in 10 U.S.C. s. 983(b)(2), grant military

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recruiters access to the names, addresses, telephone listings,

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dates and places of birth, levels of education, academic majors,

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degrees received, and most recent educational institutions

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enrolled in by the college's or university's students.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.