Florida Senate - 2012                                     SB 922
       
       
       
       By Senator Bennett
       
       
       
       
       21-00748D-12                                           2012922__
    1                        A bill to be entitled                      
    2         An act relating to current and former military
    3         personnel; amending s. 295.187, F.S.; revising
    4         legislative intent; renaming and revising the Florida
    5         Service-Disabled Veteran Business Enterprise
    6         Opportunity Act to expand the vendor preference in
    7         state contracting to include certain businesses owned
    8         and operated by wartime veterans or veterans of a
    9         period of war; amending s. 320.089, F.S.; providing
   10         for the issuance of a Combat Infantry Badge license
   11         plate; providing qualifications and requirements for
   12         the plate; providing for the use of proceeds from the
   13         sale of the plate; creating s. 683.146, F.S.;
   14         designating August 7 of each year as “Purple Heart
   15         Day”; providing a short title; creating s. 921.00242,
   16         F.S.; providing that a person who alleges that he or
   17         she committed a criminal offense as a result of
   18         posttraumatic stress disorder, traumatic brain injury,
   19         substance use disorder, or psychological problems
   20         stemming from service in a combat theater in the
   21         United States military may have a hearing on that
   22         issue before sentencing; providing that a defendant
   23         who is eligible for probation or community control may
   24         be placed in a treatment program in certain
   25         circumstances; providing for sentence credit for a
   26         defendant placed in treatment who would have otherwise
   27         been incarcerated; providing a preference for
   28         treatment programs that have histories of successfully
   29         treating such combat veterans; amending s. 948.08,
   30         F.S.; creating a pretrial veterans’ treatment
   31         intervention program; providing requirements for a
   32         defendant to be voluntarily admitted to the pretrial
   33         program; providing certain exceptions to such
   34         admission; providing for the disposition of pending
   35         charges following a defendant’s completion of the
   36         pretrial intervention program; providing for the
   37         charges to be expunged under certain circumstances;
   38         amending s. 948.16, F.S.; creating a misdemeanor
   39         pretrial veterans’ treatment intervention program;
   40         providing requirements for voluntary admission to the
   41         misdemeanor pretrial program; providing for the
   42         misdemeanor charges to be expunged under certain
   43         circumstances; exempting treatment services provided
   44         by the Department of Veterans’ Affairs or the United
   45         States Department of Veterans Affairs from certain
   46         contract requirements; amending s. 1003.05, F.S.;
   47         requiring that a school board provide an option to
   48         school-aged dependents of military personnel to choose
   49         certain schools if the student is reassigned as a
   50         result of school rezoning; creating s. 1004.075, F.S.;
   51         requiring certain Florida College System institutions
   52         and state universities to provide priority course
   53         registration for veterans; providing eligibility
   54         requirements; creating s. 1005.09, F.S.; encouraging
   55         certain independent postsecondary educational
   56         institutions to provide priority course registration
   57         for veterans; amending s. 1009.21, F.S.; providing
   58         that veterans of the Armed Services of the United
   59         States, including reserve components thereof, who
   60         attend the physical location of a public college,
   61         university, or institution of higher learning within
   62         the state are residents for tuition purposes;
   63         requiring that any veteran who meets specified
   64         criteria be admitted to any Florida College System
   65         institution or state university of the veteran’s
   66         choice; providing effective dates.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Section 295.187, Florida Statutes, is amended to
   71  read:
   72         295.187 Florida Service-Disabled Veteran Business
   73  Enterprise Opportunity Act.—
   74         (1) SHORT TITLE.—This section may be cited as the “Florida
   75  Service-Disabled Veteran Business Enterprise Opportunity Act.”
   76         (2) INTENT.—It is the intent of the Legislature to rectify
   77  the economic disadvantage of service-disabled veterans, who are
   78  statistically the least likely to be self-employed when compared
   79  to the veteran population as a whole and who have made
   80  extraordinary sacrifices on behalf of the nation, the state, and
   81  the public, by providing opportunities for service-disabled
   82  veteran business enterprises as set forth in this section. The
   83  Legislature also intends to recognize wartime veterans and
   84  veterans of a period of war for their sacrifices as set forth in
   85  this section.
   86         (3) DEFINITIONS.—For the purpose of this section, the term:
   87         (a) “Certified service-disabled veteran business
   88  enterprise” means a business that has been certified by the
   89  Department of Management Services to be a service-disabled
   90  veteran business enterprise as defined in paragraph (c).
   91         (b) “Service-disabled veteran” means a veteran who is a
   92  permanent Florida resident with a service-connected disability
   93  as determined by the United States Department of Veterans
   94  Affairs or who has been terminated from military service by
   95  reason of disability by the United States Department of Defense.
   96         (c) “Service-disabled Veteran business enterprise” means an
   97  independently owned and operated business that:
   98         1. Employs 200 or fewer permanent full-time employees;
   99         2. Together with its affiliates has a net worth of $5
  100  million or less or, if a sole proprietorship, has a net worth of
  101  $5 million or less including both personal and business
  102  investments;
  103         3. Is organized to engage in commercial transactions;
  104         4. Is domiciled in this state;
  105         5. Is at least 51 percent owned by one or more wartime
  106  veterans or service-disabled veterans; and
  107         6. The management and daily business operations of which
  108  are controlled by one or more wartime veterans or service
  109  disabled veterans or, for a service-disabled veteran having with
  110  a permanent and total disability, by the spouse or permanent
  111  caregiver of the veteran.
  112         (d) “Wartime veteran” means:
  113         1. A wartime veteran as defined in s. 1.01(14); or
  114         2. A veteran of a period of war, as used in 38 U.S.C. s.
  115  1521, who served in the active military, naval, or air service:
  116         a. For 90 days or more during a period of war;
  117         b. During a period of war and was discharged or released
  118  from such service for a service-connected disability;
  119         c. For a period of 90 consecutive days or more and such
  120  period began or ended during a period of war; or
  121         d. For an aggregate of 90 days or more in two or more
  122  separate periods of service during more than one period of war.
  123         (4) VENDOR PREFERENCE.—
  124         (a) A state agency, when considering two or more bids,
  125  proposals, or replies for the procurement of commodities or
  126  contractual services, at least one of which is from a certified
  127  service-disabled veteran business enterprise, which that are
  128  equal with respect to all relevant considerations, including
  129  price, quality, and service, shall award such procurement or
  130  contract to the certified service-disabled veteran business
  131  enterprise.
  132         (b) Notwithstanding s. 287.057(11), if a service-disabled
  133  veteran business enterprise entitled to the vendor preference
  134  under this section and one or more businesses entitled to this
  135  preference or another vendor preference provided by law submit
  136  bids, proposals, or replies for procurement of commodities or
  137  contractual services which that are equal with respect to all
  138  relevant considerations, including price, quality, and service,
  139  then the state agency shall award the procurement or contract to
  140  the business having the smallest net worth.
  141         (c) Political subdivisions of the state are encouraged to
  142  offer a similar consideration to businesses certified under this
  143  section.
  144         (5) CERTIFICATION PROCEDURE.—
  145         (a) The application for certification as a service-disabled
  146  veteran business enterprise must, at a minimum, include:
  147         1. The name of the business enterprise applying for
  148  certification and the name of the service-disabled veteran
  149  submitting the application on behalf of the business enterprise.
  150         2. The names of all owners of the business enterprise,
  151  including owners who are wartime veterans, service-disabled
  152  veterans, and owners who are not a wartime veteran or a service
  153  disabled veteran veterans, and the percentage of ownership
  154  interest held by each owner.
  155         3. The names of all persons involved in both the management
  156  and daily operations of the business, including the spouse or
  157  permanent caregiver of a veteran who has with a permanent and
  158  total disability.
  159         4. The service-connected disability rating of all persons
  160  listed under subparagraphs 1., 2., and 3., as applicable, with
  161  supporting documentation from the United States Department of
  162  Veterans Affairs or the United States Department of Defense.
  163         5. Documentation of the wartime service of all persons
  164  listed under subparagraphs 1., 2., and 3., as applicable, from
  165  the United States Department of Veterans Affairs or the United
  166  States Department of Defense.
  167         6.5. The number of permanent full-time employees.
  168         7.6. The location of the business headquarters.
  169         8.7. The total net worth of the business enterprise and its
  170  affiliates. In the case of a sole proprietorship, the net worth
  171  includes personal and business investments.
  172         (b) To maintain certification, a service-disabled veteran
  173  business enterprise shall renew its certification biennially.
  174         (c) The provisions of Chapter 120, relating to application,
  175  denial, and revocation procedures, applies shall apply to
  176  certifications under this section.
  177         (d) A certified service-disabled veteran business
  178  enterprise must notify the Department of Management Services
  179  within 30 business days after any event that may significantly
  180  affect the certification of the business, including, but not
  181  limited to, a change in ownership or change in management and
  182  daily business operations.
  183         (e) The certification of a service-disabled veteran
  184  business enterprise shall be revoked for 12 months if the
  185  Department of Management Services determines that the business
  186  enterprise violated paragraph (d). An owner of a certified
  187  service-disabled veteran business enterprise whose certification
  188  is revoked may is not permitted to reapply for certification
  189  under this section as an owner of any business enterprise during
  190  the 12-month revocation period.
  191         1. During the 12-month revocation period, a service
  192  disabled veteran business enterprise whose certification has
  193  been revoked may bid on state contracts but is not eligible for
  194  any preference available under this section.
  195         2. A service-disabled veteran business enterprise whose
  196  certification has been revoked may apply for certification at
  197  the conclusion of the 12-month revocation period by complying
  198  with requirements applicable to initial certifications.
  199         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
  200  department shall:
  201         (a) Assist the Department of Management Services in
  202  establishing a certification procedure, which shall be reviewed
  203  biennially and updated as necessary.
  204         (b) Identify eligible service-disabled veteran business
  205  enterprises by any electronic means, including electronic mail
  206  or Internet website, or by any other reasonable means.
  207         (c) Encourage and assist eligible service-disabled veteran
  208  business enterprises to apply for certification under this
  209  section.
  210         (d) Provide information regarding services that are
  211  available from the Office of Veterans’ Business Outreach of the
  212  Florida Small Business Development Center to service-disabled
  213  veteran business enterprises.
  214         (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
  215  department shall:
  216         (a) With assistance from the Department of Veterans’
  217  Affairs, establish a certification procedure, which shall be
  218  reviewed biennially and updated as necessary.
  219         (b) Grant, deny, or revoke the certification of a service
  220  disabled veteran business enterprise under this section.
  221         (c) Maintain an electronic directory of certified service
  222  disabled veteran business enterprises for use by the state,
  223  political subdivisions of the state, and the public.
  224         (8) REPORT.—The Small Business Development Center shall
  225  include in its report required by s. 288.705 the percentage of
  226  certified service-disabled veteran business enterprises using
  227  the statewide contracts register.
  228         (9) RULES.—The Department of Veterans’ Affairs and the
  229  Department of Management Services, as appropriate, may adopt
  230  rules as necessary to administer this section.
  231         Section 2. Effective October 1, 2012, section 320.089,
  232  Florida Statutes, is amended to read:
  233         320.089 Members of National Guard and active United States
  234  Armed Forces reservists; former prisoners of war; survivors of
  235  Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
  236  Freedom and Operation Enduring Freedom Veterans; Combat Infantry
  237  Badge recipients; special license plates; fee.—
  238         (1)(a) Each owner or lessee of an automobile or truck for
  239  private use or recreational vehicle as specified in s.
  240  320.08(9)(c) or (d), which is not used for hire or commercial
  241  use, who is a resident of the state and an active or retired
  242  member of the Florida National Guard, a survivor of the attack
  243  on Pearl Harbor, a recipient of the Purple Heart medal, or an
  244  active or retired member of any branch of the United States
  245  Armed Forces Reserve, or a recipient of the Combat Infantry
  246  Badge shall, upon application to the department, accompanied by
  247  proof of active membership or retired status in the Florida
  248  National Guard, proof of membership in the Pearl Harbor
  249  Survivors Association or proof of active military duty in Pearl
  250  Harbor on December 7, 1941, proof of being a Purple Heart medal
  251  recipient, or proof of active or retired membership in any
  252  branch of the Armed Forces Reserve, or proof of membership in
  253  the Combat Infantrymen’s Association, Inc., or other proof of
  254  being a recipient of the Combat Infantry Badge, and upon payment
  255  of the license tax for the vehicle as provided in s. 320.08, be
  256  issued a license plate as provided by s. 320.06, upon which, in
  257  lieu of the serial numbers prescribed by s. 320.06, shall be
  258  stamped the words “National Guard,” “Pearl Harbor Survivor,”
  259  “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
  260  Badge,” as appropriate, followed by the serial number of the
  261  license plate. Additionally, the Purple Heart plate may have the
  262  words “Purple Heart” stamped on the plate and the likeness of
  263  the Purple Heart medal appearing on the plate.
  264         (b) Notwithstanding any other provision of law to the
  265  contrary, beginning with fiscal year 2002-2003 and annually
  266  thereafter, the first $100,000 in general revenue generated from
  267  the sale of license plates issued under this section shall be
  268  deposited into the Grants and Donations Trust Fund, as described
  269  in s. 296.38(2), to be used for the purposes established by law
  270  for that trust fund. Any additional general revenue generated
  271  from the sale of such plates shall be deposited into the State
  272  Homes for Veterans Trust Fund and used solely to construct,
  273  operate, and maintain domiciliary and nursing homes for
  274  veterans, subject to the requirements of chapter 216.
  275         (c) Notwithstanding any provisions of law to the contrary,
  276  an applicant for a Pearl Harbor Survivor license plate or a
  277  Purple Heart license plate who also qualifies for a disabled
  278  veteran’s license plate under s. 320.084 shall be issued the
  279  appropriate special license plate without payment of the license
  280  tax imposed by s. 320.08.
  281         (2) Each owner or lessee of an automobile or truck for
  282  private use, truck weighing not more than 7,999 pounds, or
  283  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  284  which is not used for hire or commercial use, who is a resident
  285  of the state and who is a former prisoner of war, or their
  286  unremarried surviving spouse, shall, upon application therefor
  287  to the department, be issued a license plate as provided in s.
  288  320.06, on which license plate are stamped the words “Ex-POW”
  289  followed by the serial number. Each application shall be
  290  accompanied by proof that the applicant meets the qualifications
  291  specified in paragraph (a) or paragraph (b).
  292         (a) A citizen of the United States who served as a member
  293  of the Armed Forces of the United States or the armed forces of
  294  a nation allied with the United States who was held as a
  295  prisoner of war at such time as the Armed Forces of the United
  296  States were engaged in combat, or their unremarried surviving
  297  spouse, may be issued the special license plate provided for in
  298  this subsection without payment of the license tax imposed by s.
  299  320.08.
  300         (b) A person who was serving as a civilian with the consent
  301  of the United States Government, or a person who was a member of
  302  the Armed Forces of the United States who was not a United
  303  States citizen and was held as a prisoner of war when the Armed
  304  Forces of the United States were engaged in combat, or their
  305  unremarried surviving spouse, may be issued the special license
  306  plate provided for in this subsection upon payment of the
  307  license tax imposed by s. 320.08.
  308         (3) Each owner or lessee of an automobile or truck for
  309  private use, truck weighing not more than 7,999 pounds, or
  310  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  311  which is not used for hire or commercial use, who is a resident
  312  of this state and who is the unremarried surviving spouse of a
  313  recipient of the Purple Heart medal shall, upon application
  314  therefor to the department, with the payment of the required
  315  fees, be issued a license plate as provided in s. 320.06, on
  316  which license plate are stamped the words “Purple Heart” and the
  317  likeness of the Purple Heart medal followed by the serial
  318  number. Each application shall be accompanied by proof that the
  319  applicant is the unremarried surviving spouse of a recipient of
  320  the Purple Heart medal.
  321         (4) The owner or lessee of an automobile or truck for
  322  private use, a truck weighing not more than 7,999 pounds, or a
  323  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  324  which automobile, truck, or recreational vehicle is not used for
  325  hire or commercial use who is a resident of the state and a
  326  current or former member of the United States military who was
  327  deployed and served in Iraq during Operation Iraqi Freedom or in
  328  Afghanistan during Operation Enduring Freedom shall, upon
  329  application to the department, accompanied by proof of active
  330  membership or former active duty status during one of these
  331  operations, and upon payment of the license tax for the vehicle
  332  as provided in s. 320.08, be issued a license plate as provided
  333  by s. 320.06 upon which, in lieu of the registration license
  334  number prescribed by s. 320.06, shall be stamped the words
  335  “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as
  336  appropriate, followed by the registration license number of the
  337  plate.
  338         Section 3. Section 683.146, Florida Statutes, is created to
  339  read:
  340         683.146Purple Heart Day.—
  341         (1) August 7 of each year is designated as “Purple Heart
  342  Day.”
  343         (2) The Governor may annually issue a proclamation
  344  designating August 7 as “Purple Heart Day.” Public officials,
  345  schools, private organizations, and all residents of the state
  346  are encouraged to commemorate Purple Heart Day and honor those
  347  wounded or killed while serving in any branch of the United
  348  States Armed Services.
  349         Section 4. Sections 4 through 7 of this act may be cited as
  350  the “T. Patt Maney Veterans’ Treatment Intervention Act.”
  351         Section 5. Section 921.00242, Florida Statutes, is created
  352  to read:
  353         921.00242 Convicted military veterans; posttraumatic stress
  354  disorder, traumatic brain injury, substance use disorder, or
  355  psychological problems from service; treatment services.—
  356         (1) The court must hold a veterans’ status hearing prior to
  357  sentencing for a criminal offense if the defendant has alleged
  358  that he or she committed the offense as a result of
  359  posttraumatic stress disorder, traumatic brain injury, substance
  360  use disorder, or psychological problems stemming from service in
  361  a combat theater in the United States military.
  362         (2) At a veterans status hearing conducted as required by
  363  subsection (1), the court shall determine whether the defendant
  364  was a member of the military forces of the United States who
  365  served in a combat theater and assess whether the defendant
  366  suffers from posttraumatic stress disorder, traumatic brain
  367  injury, substance use disorder, or psychological problems as a
  368  result of that service. The defendant shall bear the burden of
  369  proof at the hearing.
  370         (3) If the court concludes that the defendant is a person
  371  described in subsection (2) who is eligible for probation or
  372  community control and the court places the defendant on county
  373  or state probation or into community control, the court may
  374  order the defendant into a local, state, federal, or private
  375  nonprofit treatment program as a condition of probation or
  376  community control if the defendant agrees to participate in the
  377  program and the court determines that an appropriate treatment
  378  program exists.
  379         (4) A defendant who is placed on county or state probation
  380  or into community control and committed to a residential
  381  treatment program under this section shall earn sentence credits
  382  for the actual time he or she serves in the residential
  383  treatment program if the court makes a written finding that it
  384  would otherwise have sentenced the defendant to incarceration
  385  except for the fact that the defendant is a person described in
  386  subsection (2).
  387         (5) In making an order under this section to commit a
  388  defendant to a treatment program, whenever possible the court
  389  shall place the defendant in a treatment program that has a
  390  history of successfully treating combat veterans who suffer from
  391  posttraumatic stress disorder, traumatic brain injury, substance
  392  use disorder, or psychological problems as a result of that
  393  service. The court shall give preference to treatment programs
  394  for which the veteran is eligible through the United States
  395  Department of Veterans Affairs or the Department of Veterans
  396  Affairs.
  397         Section 6. Present subsection (7) of section 948.08,
  398  Florida Statutes, is renumbered as subsection (8), and a new
  399  subsection (7) is added to that section, to read:
  400         948.08 Pretrial intervention program.—
  401         (7)(a) A person who is charged with a felony, other than a
  402  felony listed in s. 948.06(8)(c), and identified as a member or
  403  former member of the military forces of the United States who
  404  served in a combat theater and who suffers from posttraumatic
  405  stress disorder, traumatic brain injury, substance use disorder,
  406  or psychological problems as a result of that service is
  407  eligible for voluntary admission into a pretrial veterans
  408  treatment intervention program approved by the chief judge of
  409  the circuit, upon motion of either party or the court’s own
  410  motion, except:
  411         1. If a defendant was previously offered admission to a
  412  pretrial veterans treatment intervention program at any time
  413  prior to trial and the defendant rejected that offer on the
  414  record, the court may deny the defendant’s admission to such a
  415  program.
  416         2. If a defendant previously entered a court-ordered
  417  veterans treatment program, the court may deny the defendant’s
  418  admission into the pretrial veterans’ treatment program.
  419         3. If the state attorney believes that the facts and
  420  circumstances of the case suggest the defendant’s involvement in
  421  the selling of controlled substances, the court shall hold a
  422  preadmission hearing. If the state attorney establishes, by a
  423  preponderance of the evidence at such hearing, that the
  424  defendant was involved in the selling of controlled substances,
  425  the court shall deny the defendant’s admission into a pretrial
  426  intervention program.
  427         (b) While enrolled in a pretrial intervention program
  428  authorized by this subsection, the participant shall be subject
  429  to a coordinated strategy developed by a veterans treatment
  430  intervention team. The coordinated strategy should be modeled
  431  after the therapeutic jurisprudence principles and key
  432  components in s. 397.334(4), with treatment specific to the
  433  needs of veterans. The coordinated strategy may include a
  434  protocol of sanctions that may be imposed upon the participant
  435  for noncompliance with program rules. The protocol of sanctions
  436  may include, but need not be limited to, placement in a
  437  treatment program offered by a licensed service provider or in a
  438  jail-based treatment program or serving a period of
  439  incarceration within the time limits established for contempt of
  440  court. The coordinated strategy must be provided in writing to
  441  the participant before the participant agrees to enter into a
  442  pretrial veterans treatment intervention program or other
  443  pretrial intervention program. Any person whose charges are
  444  dismissed after successful completion of the pretrial veterans
  445  treatment intervention program, if otherwise eligible, may have
  446  his or her arrest record and plea of nolo contendere to the
  447  dismissed charges expunged under s. 943.0585.
  448         (c) At the end of the pretrial intervention period, the
  449  court shall consider the recommendation of the administrator
  450  pursuant to subsection (5) and the recommendation of the state
  451  attorney as to disposition of the pending charges. The court
  452  shall determine, by written finding, whether the defendant has
  453  successfully completed the pretrial intervention program. If the
  454  court finds that the defendant has not successfully completed
  455  the pretrial intervention program, the court may order the
  456  person to continue in education and treatment, which may include
  457  treatment programs offered by licensed service providers or
  458  jail-based treatment programs, or order that the charges revert
  459  to normal channels for prosecution. The court shall dismiss the
  460  charges upon a finding that the defendant has successfully
  461  completed the pretrial intervention program.
  462         Section 7. Section 948.16, Florida Statutes, is amended to
  463  read:
  464         948.16 Misdemeanor pretrial substance abuse education and
  465  treatment intervention program; misdemeanor pretrial veterans
  466  treatment intervention program.—
  467         (1)(a) A person who is charged with a misdemeanor for
  468  possession of a controlled substance or drug paraphernalia under
  469  chapter 893, and who has not previously been convicted of a
  470  felony nor been admitted to a pretrial program, is eligible for
  471  voluntary admission into a misdemeanor pretrial substance abuse
  472  education and treatment intervention program, including a
  473  treatment-based drug court program established pursuant to s.
  474  397.334, approved by the chief judge of the circuit, for a
  475  period based on the program requirements and the treatment plan
  476  for the offender, upon motion of either party or the court’s own
  477  motion, except, if the state attorney believes the facts and
  478  circumstances of the case suggest the defendant is involved in
  479  dealing and selling controlled substances, the court shall hold
  480  a preadmission hearing. If the state attorney establishes, by a
  481  preponderance of the evidence at such hearing, that the
  482  defendant was involved in dealing or selling controlled
  483  substances, the court shall deny the defendant’s admission into
  484  the pretrial intervention program.
  485         (b) While enrolled in a pretrial intervention program
  486  authorized by this section, the participant is subject to a
  487  coordinated strategy developed by a drug court team under s.
  488  397.334(4). The coordinated strategy may include a protocol of
  489  sanctions that may be imposed upon the participant for
  490  noncompliance with program rules. The protocol of sanctions may
  491  include, but is not limited to, placement in a substance abuse
  492  treatment program offered by a licensed service provider as
  493  defined in s. 397.311 or in a jail-based treatment program or
  494  serving a period of incarceration within the time limits
  495  established for contempt of court. The coordinated strategy must
  496  be provided in writing to the participant before the participant
  497  agrees to enter into a pretrial treatment-based drug court
  498  program or other pretrial intervention program. Any person whose
  499  charges are dismissed after successful completion of the
  500  treatment-based drug court program, if otherwise eligible, may
  501  have his or her arrest record and plea of nolo contendere to the
  502  dismissed charges expunged under s. 943.0585.
  503         (2)(a) A member or former member of the military forces of
  504  the United States who served in a combat theater and who suffers
  505  from posttraumatic stress disorder, traumatic brain injury,
  506  substance use disorder, or psychological problems as a result of
  507  that service who is charged with a misdemeanor is eligible for
  508  voluntary admission into a misdemeanor pretrial veterans
  509  treatment intervention program approved by the chief judge of
  510  the circuit, for a period based on the program requirements and
  511  the treatment plan for the offender, upon motion of either party
  512  or the court’s own motion. However, the court may deny the
  513  defendant admission into a misdemeanor pretrial veterans
  514  treatment intervention program if the defendant has previously
  515  entered a court-ordered veterans treatment program.
  516         (b) While enrolled in a pretrial intervention program
  517  authorized by this section, the participant shall be subject to
  518  a coordinated strategy developed by a veterans treatment
  519  intervention team. The coordinated strategy should be modeled
  520  after the therapeutic jurisprudence principles and key
  521  components in s. 397.334(4), with treatment specific to the
  522  needs of veterans. The coordinated strategy may include a
  523  protocol of sanctions that may be imposed upon the participant
  524  for noncompliance with program rules. The protocol of sanctions
  525  may include, but need not be limited to, placement in a
  526  treatment program offered by a licensed service provider or in a
  527  jail-based treatment program or serving a period of
  528  incarceration within the time limits established for contempt of
  529  court. The coordinated strategy must be provided in writing to
  530  the participant before the participant agrees to enter into a
  531  misdemeanor pretrial veterans treatment intervention program or
  532  other pretrial intervention program. Any person whose charges
  533  are dismissed after successful completion of the misdemeanor
  534  pretrial veterans treatment intervention program, if otherwise
  535  eligible, may have his or her arrest record and plea of nolo
  536  contendere to the dismissed charges expunged under s. 943.0585.
  537         (3)(2) At the end of the pretrial intervention period, the
  538  court shall consider the recommendation of the treatment program
  539  and the recommendation of the state attorney as to disposition
  540  of the pending charges. The court shall determine, by written
  541  finding, whether the defendant successfully completed the
  542  pretrial intervention program. Notwithstanding the coordinated
  543  strategy developed by a drug court team pursuant to s.
  544  397.334(4) or by the veterans treatment intervention team, if
  545  the court finds that the defendant has not successfully
  546  completed the pretrial intervention program, the court may order
  547  the person to continue in education and treatment or return the
  548  charges to the criminal docket for prosecution. The court shall
  549  dismiss the charges upon finding that the defendant has
  550  successfully completed the pretrial intervention program.
  551         (4)(3) Any public or private entity providing a pretrial
  552  substance abuse education and treatment program under this
  553  section shall contract with the county or appropriate
  554  governmental entity. The terms of the contract shall include,
  555  but not be limited to, the requirements established for private
  556  entities under s. 948.15(3). This requirement does not apply to
  557  services provided by the Department of Veterans Affairs or the
  558  United States Department of Veterans Affairs.
  559         Section 8. Subsection (1) of section 1003.05, Florida
  560  Statutes, is amended to read:
  561         1003.05 Assistance to transitioning students from military
  562  families.—
  563         (1) The Legislature finds that school-aged dependents of
  564  military personnel, otherwise known as military students, are
  565  faced with numerous transitions during their formative years and
  566  that moves during the high school years provide special
  567  challenges to learning and future achievement.
  568         (a) Recognizing the challenges faced by military students
  569  and the importance of military families to our community and
  570  economy, the Department of Education shall assist the transition
  571  of these students by improving the timely transfer of records,
  572  developing systems to ease student transition during the first 2
  573  weeks of enrollment, promoting practices which foster access to
  574  extracurricular programs, establishing procedures to lessen the
  575  adverse impact of moves from the end of the junior year as well
  576  as before and during the senior year, encouraging or continuing
  577  partnerships between the military base and the school system,
  578  providing services for transitioning students when applying to
  579  and finding funding for postsecondary study, and providing other
  580  assistance as identified by department, school, and military
  581  personnel.
  582         (b) If a local school board adjusts school zones within its
  583  boundaries, military students shall be given the option of
  584  remaining at the school they are currently attending or may
  585  attend the school assigned as a result of the rezoning.
  586         Section 9. Section 1004.075, Florida Statutes, is created
  587  to read:
  588         1004.075 Priority course registration for veterans.—Each
  589  Florida College System institution and state university that
  590  offers priority course registration for a segment of the student
  591  population, or upon implementation of priority course
  592  registration for a segment of the student population, shall
  593  provide priority course registration for each veteran of the
  594  United States Armed Forces who is receiving GI Bill educational
  595  benefits or for the spouse or dependent children of the veteran
  596  to whom the GI Bill educational benefits have been transferred.
  597  Each eligible veteran, or his or her spouse or dependent
  598  children, shall be granted priority for course registration
  599  until the expiration of the GI Bill educational benefits.
  600         Section 10. Section 1005.09, Florida Statutes, is created
  601  to read:
  602         1005.09 Priority course registration for veterans.—Each
  603  independent postsecondary educational institution that is under
  604  the jurisdiction of the commission or is exempt from the
  605  jurisdiction of the commission and that offers priority course
  606  registration for a segment of the student population, or upon
  607  implementation of priority course registration for a segment of
  608  the student population, is encouraged to provide priority course
  609  registration for each veteran of the United States Armed Forces,
  610  or his or her spouse or dependent children, who is receiving GI
  611  Bill educational benefits, in accordance with s. 1004.075.
  612         Section 11. Present paragraphs (c) through (k) of
  613  subsection (10) of section 1009.21, Florida Statutes, are
  614  redesignated as paragraphs (d) through (l), respectively, and a
  615  new paragraph (c) is added to that subsection, to read:
  616         1009.21 Determination of resident status for tuition
  617  purposes.—Students shall be classified as residents or
  618  nonresidents for the purpose of assessing tuition in
  619  postsecondary educational programs offered by charter technical
  620  career centers or career centers operated by school districts,
  621  in Florida College System institutions, and in state
  622  universities.
  623         (10) The following persons shall be classified as residents
  624  for tuition purposes:
  625         (c)Veterans of the Armed Services of the United States,
  626  including reserve components thereof, who attend the physical
  627  location of a public college, university, or institution of
  628  higher learning within the state.
  629         Section 12. Any veteran of the United States Armed Forces
  630  who was a resident of this state 4 years before entering
  631  military service and who holds an associate degree or has earned
  632  at least 60 college credit hours from a Florida College System
  633  institution shall be admitted to any Florida College System
  634  institution or state university of the veteran’s choice.
  635         Section 13. Except as otherwise expressly provided in this
  636  act, this act shall take effect July 1, 2012.