HB 977

1
A bill to be entitled
2An act relating to current and former military
3personnel; amending s. 295.187, F.S.; revising
4legislative intent; renaming and revising the Florida
5Service-Disabled Veteran Business Enterprise
6Opportunity Act to expand the vendor preference in
7state contracting to include certain businesses owned
8and operated by wartime veterans or veterans of a
9period of war; amending s. 320.089, F.S.; providing
10for the issuance of a Combat Infantry Badge license
11plate and a Vietnam War Veterans license plate;
12providing qualifications and requirements for the
13plates; providing for the use of proceeds from the
14sale of the plates; creating s. 683.146, F.S.;
15designating August 7 of each year as "Purple Heart
16Day"; providing a short title; creating s. 921.00242,
17F.S.; providing that a person who alleges that he or
18she committed a criminal offense as a result of
19posttraumatic stress disorder, traumatic brain injury,
20substance use disorder, or psychological problems
21stemming from service in a combat theater in the
22United States military may have a hearing on that
23issue before sentencing; providing that a defendant
24who is eligible for probation or community control may
25be placed in a treatment program in certain
26circumstances; providing for sentence credit for a
27defendant placed in treatment who would have otherwise
28been incarcerated; providing a preference for
29treatment programs that have histories of successfully
30treating such combat veterans; amending s. 948.08,
31F.S.; creating a pretrial veterans' treatment
32intervention program; providing requirements for a
33defendant to be voluntarily admitted to the pretrial
34program; providing certain exceptions to such
35admission; providing for the disposition of pending
36charges following a defendant's completion of the
37pretrial intervention program; providing for the
38charges to be expunged under certain circumstances;
39amending s. 948.16, F.S.; creating a misdemeanor
40pretrial veterans' treatment intervention program;
41providing requirements for voluntary admission to the
42misdemeanor pretrial program; providing for the
43misdemeanor charges to be expunged under certain
44circumstances; exempting treatment services provided
45by the Department of Veterans' Affairs or the United
46States Department of Veterans Affairs from certain
47contract requirements; amending s. 1003.05, F.S.;
48requiring that a school board provide an option to
49school-aged dependents of military personnel to choose
50certain schools if the student is reassigned as a
51result of school rezoning; creating s. 1004.075, F.S.;
52requiring certain Florida College System institutions
53and state universities to provide priority course
54registration for veterans; providing eligibility
55requirements; creating s. 1005.09, F.S.; encouraging
56certain independent postsecondary educational
57institutions to provide priority course registration
58for veterans; amending s. 1009.21, F.S.; providing
59that veterans of the Armed Services of the United
60States, including reserve components thereof, who
61attend the physical location of a public college,
62university, or institution of higher learning within
63the state are residents for tuition purposes;
64requiring that any veteran who meets specified
65criteria be admitted to any Florida College System
66institution or state university of the veteran's
67choice; providing effective dates.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Section 295.187, Florida Statutes, is amended
72to read:
73     295.187  Florida Service-Disabled Veteran Business
74Enterprise Opportunity Act.-
75     (1)  SHORT TITLE.-This section may be cited as the "Florida
76Service-Disabled Veteran Business Enterprise Opportunity Act."
77     (2)  INTENT.-It is the intent of the Legislature to rectify
78the economic disadvantage of service-disabled veterans, who are
79statistically the least likely to be self-employed when compared
80to the veteran population as a whole and who have made
81extraordinary sacrifices on behalf of the nation, the state, and
82the public, by providing opportunities for service-disabled
83veteran business enterprises as set forth in this section. The
84Legislature also intends to recognize wartime veterans and
85veterans of a period of war for their sacrifices as set forth in
86this section.
87     (3)  DEFINITIONS.-For the purpose of this section, the
88term:
89     (a)  "Certified service-disabled veteran business
90enterprise" means a business that has been certified by the
91Department of Management Services to be a service-disabled
92veteran business enterprise as defined in paragraph (c).
93     (b)  "Service-disabled veteran" means a veteran who is a
94permanent Florida resident with a service-connected disability
95as determined by the United States Department of Veterans
96Affairs or who has been terminated from military service by
97reason of disability by the United States Department of Defense.
98     (c)  "Service-disabled Veteran business enterprise" means
99an independently owned and operated business that:
100     1.  Employs 200 or fewer permanent full-time employees;
101     2.  Together with its affiliates has a net worth of $5
102million or less or, if a sole proprietorship, has a net worth of
103$5 million or less including both personal and business
104investments;
105     3.  Is organized to engage in commercial transactions;
106     4.  Is domiciled in this state;
107     5.  Is at least 51 percent owned by one or more wartime
108veterans or service-disabled veterans; and
109     6.  The management and daily business operations of which
110are controlled by one or more wartime veterans or service-
111disabled veterans or, for a service-disabled veteran having with
112a permanent and total disability, by the spouse or permanent
113caregiver of the veteran.
114     (d)  "Wartime veteran" means:
115     1.  A wartime veteran as defined in s. 1.01(14); or
116     2.  A veteran of a period of war, as used in 38 U.S.C. s.
1171521, who served in the active military, naval, or air service:
118     a.  For 90 days or more during a period of war;
119     b.  During a period of war and was discharged or released
120from such service for a service-connected disability;
121     c.  For a period of 90 consecutive days or more and such
122period began or ended during a period of war; or
123     d.  For an aggregate of 90 days or more in two or more
124separate periods of service during more than one period of war.
125     (4)  VENDOR PREFERENCE.-
126     (a)  A state agency, when considering two or more bids,
127proposals, or replies for the procurement of commodities or
128contractual services, at least one of which is from a certified
129service-disabled veteran business enterprise, which that are
130equal with respect to all relevant considerations, including
131price, quality, and service, shall award such procurement or
132contract to the certified service-disabled veteran business
133enterprise.
134     (b)  Notwithstanding s. 287.057(11), if a service-disabled
135veteran business enterprise entitled to the vendor preference
136under this section and one or more businesses entitled to this
137preference or another vendor preference provided by law submit
138bids, proposals, or replies for procurement of commodities or
139contractual services which that are equal with respect to all
140relevant considerations, including price, quality, and service,
141then the state agency shall award the procurement or contract to
142the business having the smallest net worth.
143     (c)  Political subdivisions of the state are encouraged to
144offer a similar consideration to businesses certified under this
145section.
146     (5)  CERTIFICATION PROCEDURE.-
147     (a)  The application for certification as a service-
148disabled veteran business enterprise must, at a minimum,
149include:
150     1.  The name of the business enterprise applying for
151certification and the name of the service-disabled veteran
152submitting the application on behalf of the business enterprise.
153     2.  The names of all owners of the business enterprise,
154including owners who are wartime veterans, service-disabled
155veterans, and owners who are not a wartime veteran or a service-
156disabled veteran veterans, and the percentage of ownership
157interest held by each owner.
158     3.  The names of all persons involved in both the
159management and daily operations of the business, including the
160spouse or permanent caregiver of a veteran who has with a
161permanent and total disability.
162     4.  The service-connected disability rating of all persons
163listed under subparagraphs 1., 2., and 3., as applicable, with
164supporting documentation from the United States Department of
165Veterans Affairs or the United States Department of Defense.
166     5.  Documentation of the wartime service of all persons
167listed under subparagraphs 1., 2., and 3., as applicable, from
168the United States Department of Veterans Affairs or the United
169States Department of Defense.
170     6.5.  The number of permanent full-time employees.
171     7.6.  The location of the business headquarters.
172     8.7.  The total net worth of the business enterprise and
173its affiliates. In the case of a sole proprietorship, the net
174worth includes personal and business investments.
175     (b)  To maintain certification, a service-disabled veteran
176business enterprise shall renew its certification biennially.
177     (c)  The provisions of Chapter 120, relating to
178application, denial, and revocation procedures, applies shall
179apply to certifications under this section.
180     (d)  A certified service-disabled veteran business
181enterprise must notify the Department of Management Services
182within 30 business days after any event that may significantly
183affect the certification of the business, including, but not
184limited to, a change in ownership or change in management and
185daily business operations.
186     (e)  The certification of a service-disabled veteran
187business enterprise shall be revoked for 12 months if the
188Department of Management Services determines that the business
189enterprise violated paragraph (d). An owner of a certified
190service-disabled veteran business enterprise whose certification
191is revoked may is not permitted to reapply for certification
192under this section as an owner of any business enterprise during
193the 12-month revocation period.
194     1.  During the 12-month revocation period, a service-
195disabled veteran business enterprise whose certification has
196been revoked may bid on state contracts but is not eligible for
197any preference available under this section.
198     2.  A service-disabled veteran business enterprise whose
199certification has been revoked may apply for certification at
200the conclusion of the 12-month revocation period by complying
201with requirements applicable to initial certifications.
202     (6)  DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.-The
203department shall:
204     (a)  Assist the Department of Management Services in
205establishing a certification procedure, which shall be reviewed
206biennially and updated as necessary.
207     (b)  Identify eligible service-disabled veteran business
208enterprises by any electronic means, including electronic mail
209or Internet website, or by any other reasonable means.
210     (c)  Encourage and assist eligible service-disabled veteran
211business enterprises to apply for certification under this
212section.
213     (d)  Provide information regarding services that are
214available from the Office of Veterans' Business Outreach of the
215Florida Small Business Development Center to service-disabled
216veteran business enterprises.
217     (7)  DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.-The
218department shall:
219     (a)  With assistance from the Department of Veterans'
220Affairs, establish a certification procedure, which shall be
221reviewed biennially and updated as necessary.
222     (b)  Grant, deny, or revoke the certification of a service-
223disabled veteran business enterprise under this section.
224     (c)  Maintain an electronic directory of certified service-
225disabled veteran business enterprises for use by the state,
226political subdivisions of the state, and the public.
227     (8)  REPORT.-The Small Business Development Center shall
228include in its report required by s. 288.705 the percentage of
229certified service-disabled veteran business enterprises using
230the statewide contracts register.
231     (9)  RULES.-The Department of Veterans' Affairs and the
232Department of Management Services, as appropriate, may adopt
233rules as necessary to administer this section.
234     Section 2.  Effective October 1, 2012, section 320.089,
235Florida Statutes, is amended to read:
236     320.089  Members of National Guard and active United States
237Armed Forces reservists; former prisoners of war; survivors of
238Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
239Freedom and Operation Enduring Freedom Veterans; Combat Infantry
240Badge recipients; Vietnam War Veterans; special license plates;
241fee.-
242     (1)(a)  Each owner or lessee of an automobile or truck for
243private use or recreational vehicle as specified in s.
244320.08(9)(c) or (d), which is not used for hire or commercial
245use, who is a resident of the state and an active or retired
246member of the Florida National Guard, a survivor of the attack
247on Pearl Harbor, a recipient of the Purple Heart medal, or an
248active or retired member of any branch of the United States
249Armed Forces Reserve, or a recipient of the Combat Infantry
250Badge shall, upon application to the department, accompanied by
251proof of active membership or retired status in the Florida
252National Guard, proof of membership in the Pearl Harbor
253Survivors Association or proof of active military duty in Pearl
254Harbor on December 7, 1941, proof of being a Purple Heart medal
255recipient, or proof of active or retired membership in any
256branch of the Armed Forces Reserve, or proof of membership in
257the Combat Infantrymen's Association, Inc., or other proof of
258being a recipient of the Combat Infantry Badge, and upon payment
259of the license tax for the vehicle as provided in s. 320.08, be
260issued a license plate as provided by s. 320.06, upon which, in
261lieu of the serial numbers prescribed by s. 320.06, shall be
262stamped the words "National Guard," "Pearl Harbor Survivor,"
263"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
264Badge," as appropriate, followed by the serial number of the
265license plate. Additionally, the Purple Heart plate may have the
266words "Purple Heart" stamped on the plate and the likeness of
267the Purple Heart medal appearing on the plate.
268     (b)  Notwithstanding any other provision of law to the
269contrary, beginning with fiscal year 2002-2003 and annually
270thereafter, the first $100,000 in general revenue generated from
271the sale of license plates issued under this section shall be
272deposited into the Grants and Donations Trust Fund, as described
273in s. 296.38(2), to be used for the purposes established by law
274for that trust fund. Any additional general revenue generated
275from the sale of such plates shall be deposited into the State
276Homes for Veterans Trust Fund and used solely to construct,
277operate, and maintain domiciliary and nursing homes for
278veterans, subject to the requirements of chapter 216.
279     (c)  Notwithstanding any provisions of law to the contrary,
280an applicant for a Pearl Harbor Survivor license plate or a
281Purple Heart license plate who also qualifies for a disabled
282veteran's license plate under s. 320.084 shall be issued the
283appropriate special license plate without payment of the license
284tax imposed by s. 320.08.
285     (2)  Each owner or lessee of an automobile or truck for
286private use, truck weighing not more than 7,999 pounds, or
287recreational vehicle as specified in s. 320.08(9)(c) or (d),
288which is not used for hire or commercial use, who is a resident
289of the state and who is a former prisoner of war, or their
290unremarried surviving spouse, shall, upon application therefor
291to the department, be issued a license plate as provided in s.
292320.06, on which license plate are stamped the words "Ex-POW"
293followed by the serial number. Each application shall be
294accompanied by proof that the applicant meets the qualifications
295specified in paragraph (a) or paragraph (b).
296     (a)  A citizen of the United States who served as a member
297of the Armed Forces of the United States or the armed forces of
298a nation allied with the United States who was held as a
299prisoner of war at such time as the Armed Forces of the United
300States were engaged in combat, or their unremarried surviving
301spouse, may be issued the special license plate provided for in
302this subsection without payment of the license tax imposed by s.
303320.08.
304     (b)  A person who was serving as a civilian with the
305consent of the United States Government, or a person who was a
306member of the Armed Forces of the United States who was not a
307United States citizen and was held as a prisoner of war when the
308Armed Forces of the United States were engaged in combat, or
309their unremarried surviving spouse, may be issued the special
310license plate provided for in this subsection upon payment of
311the license tax imposed by s. 320.08.
312     (3)  Each owner or lessee of an automobile or truck for
313private use, truck weighing not more than 7,999 pounds, or
314recreational vehicle as specified in s. 320.08(9)(c) or (d),
315which is not used for hire or commercial use, who is a resident
316of this state and who is the unremarried surviving spouse of a
317recipient of the Purple Heart medal shall, upon application
318therefor to the department, with the payment of the required
319fees, be issued a license plate as provided in s. 320.06, on
320which license plate are stamped the words "Purple Heart" and the
321likeness of the Purple Heart medal followed by the serial
322number. Each application shall be accompanied by proof that the
323applicant is the unremarried surviving spouse of a recipient of
324the Purple Heart medal.
325     (4)  The owner or lessee of an automobile or truck for
326private use, a truck weighing not more than 7,999 pounds, or a
327recreational vehicle as specified in s. 320.08(9)(c) or (d)
328which automobile, truck, or recreational vehicle is not used for
329hire or commercial use who is a resident of the state and a
330current or former member of the United States military who was
331deployed and served in Iraq during Operation Iraqi Freedom or in
332Afghanistan during Operation Enduring Freedom shall, upon
333application to the department, accompanied by proof of active
334membership or former active duty status during one of these
335operations, and upon payment of the license tax for the vehicle
336as provided in s. 320.08, be issued a license plate as provided
337by s. 320.06 upon which, in lieu of the registration license
338number prescribed by s. 320.06, shall be stamped the words
339"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
340appropriate, followed by the registration license number of the
341plate.
342     (5)  The owner or lessee of an automobile or truck for
343private use, a truck weighing not more than 7,999 pounds, or a
344recreational vehicle as specified in s. 320.08(9)(c) or (d)
345which automobile, truck, or recreational vehicle is not used for
346hire or commercial use who is a resident of the state and a
347current or former member of the United States military who was
348deployed and served in Vietnam during U. S. military deployment
349in Indochina shall, upon application to the department,
350accompanied by proof of active membership or former active duty
351status during these operations, and upon payment of the license
352tax for the vehicle as provided in s. 320.08, be issued a
353license plate as provided by s. 320.06 upon which, in lieu of
354the registration license number prescribed by s. 320.06, shall
355be stamped the words "Vietnam War Veteran," followed by the
356registration license number of the plate.
357     Section 3.  Section 683.146, Florida Statutes, is created
358to read:
359     683.146  Purple Heart Day.-
360     (1)  August 7 of each year is designated as "Purple Heart
361Day."
362     (2)  The Governor may annually issue a proclamation
363designating August 7 as "Purple Heart Day." Public officials,
364schools, private organizations, and all residents of the state
365are encouraged to commemorate Purple Heart Day and honor those
366wounded or killed while serving in any branch of the United
367States Armed Services.
368     Section 4.  Sections 4 through 7 of this act may be cited
369as the "T. Patt Maney Veterans' Treatment Intervention Act."
370     Section 5.  Section 921.00242, Florida Statutes, is created
371to read:
372     921.00242  Convicted military veterans; posttraumatic
373stress disorder, traumatic brain injury, substance use disorder,
374or psychological problems from service; treatment services.-
375     (1)  The court must hold a veterans' status hearing prior
376to sentencing for a criminal offense if the defendant has
377alleged that he or she committed the offense as a result of
378posttraumatic stress disorder, traumatic brain injury, substance
379use disorder, or psychological problems stemming from service in
380a combat theater in the United States military.
381     (2)  At a veterans' status hearing conducted as required by
382subsection (1), the court shall determine whether the defendant
383was a member of the military forces of the United States who
384served in a combat theater and assess whether the defendant
385suffers from posttraumatic stress disorder, traumatic brain
386injury, substance use disorder, or psychological problems as a
387result of that service. The defendant shall bear the burden of
388proof at the hearing.
389     (3)  If the court concludes that the defendant is a person
390described in subsection (2) who is eligible for probation or
391community control and the court places the defendant on county
392or state probation or into community control, the court may
393order the defendant into a local, state, federal, or private
394nonprofit treatment program as a condition of probation or
395community control if the defendant agrees to participate in the
396program and the court determines that an appropriate treatment
397program exists.
398     (4)  A defendant who is placed on county or state probation
399or into community control and committed to a residential
400treatment program under this section shall earn sentence credits
401for the actual time he or she serves in the residential
402treatment program if the court makes a written finding that it
403would otherwise have sentenced the defendant to incarceration
404except for the fact that the defendant is a person described in
405subsection (2).
406     (5)  In making an order under this section to commit a
407defendant to a treatment program, whenever possible the court
408shall place the defendant in a treatment program that has a
409history of successfully treating combat veterans who suffer from
410posttraumatic stress disorder, traumatic brain injury, substance
411use disorder, or psychological problems as a result of that
412service. The court shall give preference to treatment programs
413for which the veteran is eligible through the United States
414Department of Veterans Affairs or the Department of Veterans'
415Affairs.
416     Section 6.  Present subsection (7) of section 948.08,
417Florida Statutes, is renumbered as subsection (8), and a new
418subsection (7) is added to that section, to read:
419     948.08  Pretrial intervention program.-
420     (7)(a)  A person who is charged with a felony, other than a
421felony listed in s. 948.06(8)(c), and identified as a member or
422former member of the military forces of the United States who
423served in a combat theater and who suffers from posttraumatic
424stress disorder, traumatic brain injury, substance use disorder,
425or psychological problems as a result of that service is
426eligible for voluntary admission into a pretrial veterans'
427treatment intervention program approved by the chief judge of
428the circuit, upon motion of either party or the court's own
429motion, except:
430     1.  If a defendant was previously offered admission to a
431pretrial veterans' treatment intervention program at any time
432prior to trial and the defendant rejected that offer on the
433record, the court may deny the defendant's admission to such a
434program.
435     2.  If a defendant previously entered a court-ordered
436veterans' treatment program, the court may deny the defendant's
437admission into the pretrial veterans' treatment program.
438     3.  If the state attorney believes that the facts and
439circumstances of the case suggest the defendant's involvement in
440the selling of controlled substances, the court shall hold a
441preadmission hearing. If the state attorney establishes, by a
442preponderance of the evidence at such hearing, that the
443defendant was involved in the selling of controlled substances,
444the court shall deny the defendant's admission into a pretrial
445intervention program.
446     (b)  While enrolled in a pretrial intervention program
447authorized by this subsection, the participant shall be subject
448to a coordinated strategy developed by a veterans' treatment
449intervention team. The coordinated strategy should be modeled
450after the therapeutic jurisprudence principles and key
451components in s. 397.334(4), with treatment specific to the
452needs of veterans. The coordinated strategy may include a
453protocol of sanctions that may be imposed upon the participant
454for noncompliance with program rules. The protocol of sanctions
455may include, but need not be limited to, placement in a
456treatment program offered by a licensed service provider or in a
457jail-based treatment program or serving a period of
458incarceration within the time limits established for contempt of
459court. The coordinated strategy must be provided in writing to
460the participant before the participant agrees to enter into a
461pretrial veterans' treatment intervention program or other
462pretrial intervention program. Any person whose charges are
463dismissed after successful completion of the pretrial veterans'
464treatment intervention program, if otherwise eligible, may have
465his or her arrest record and plea of nolo contendere to the
466dismissed charges expunged under s. 943.0585.
467     (c)  At the end of the pretrial intervention period, the
468court shall consider the recommendation of the administrator
469pursuant to subsection (5) and the recommendation of the state
470attorney as to disposition of the pending charges. The court
471shall determine, by written finding, whether the defendant has
472successfully completed the pretrial intervention program. If the
473court finds that the defendant has not successfully completed
474the pretrial intervention program, the court may order the
475person to continue in education and treatment, which may include
476treatment programs offered by licensed service providers or
477jail-based treatment programs, or order that the charges revert
478to normal channels for prosecution. The court shall dismiss the
479charges upon a finding that the defendant has successfully
480completed the pretrial intervention program.
481     Section 7.  Section 948.16, Florida Statutes, is amended to
482read:
483     948.16  Misdemeanor pretrial substance abuse education and
484treatment intervention program; misdemeanor pretrial veterans'
485treatment intervention program.-
486     (1)(a)  A person who is charged with a misdemeanor for
487possession of a controlled substance or drug paraphernalia under
488chapter 893, and who has not previously been convicted of a
489felony nor been admitted to a pretrial program, is eligible for
490voluntary admission into a misdemeanor pretrial substance abuse
491education and treatment intervention program, including a
492treatment-based drug court program established pursuant to s.
493397.334, approved by the chief judge of the circuit, for a
494period based on the program requirements and the treatment plan
495for the offender, upon motion of either party or the court's own
496motion, except, if the state attorney believes the facts and
497circumstances of the case suggest the defendant is involved in
498dealing and selling controlled substances, the court shall hold
499a preadmission hearing. If the state attorney establishes, by a
500preponderance of the evidence at such hearing, that the
501defendant was involved in dealing or selling controlled
502substances, the court shall deny the defendant's admission into
503the pretrial intervention program.
504     (b)  While enrolled in a pretrial intervention program
505authorized by this section, the participant is subject to a
506coordinated strategy developed by a drug court team under s.
507397.334(4). The coordinated strategy may include a protocol of
508sanctions that may be imposed upon the participant for
509noncompliance with program rules. The protocol of sanctions may
510include, but is not limited to, placement in a substance abuse
511treatment program offered by a licensed service provider as
512defined in s. 397.311 or in a jail-based treatment program or
513serving a period of incarceration within the time limits
514established for contempt of court. The coordinated strategy must
515be provided in writing to the participant before the participant
516agrees to enter into a pretrial treatment-based drug court
517program or other pretrial intervention program. Any person whose
518charges are dismissed after successful completion of the
519treatment-based drug court program, if otherwise eligible, may
520have his or her arrest record and plea of nolo contendere to the
521dismissed charges expunged under s. 943.0585.
522     (2)(a)  A member or former member of the military forces of
523the United States who served in a combat theater and who suffers
524from posttraumatic stress disorder, traumatic brain injury,
525substance use disorder, or psychological problems as a result of
526that service who is charged with a misdemeanor is eligible for
527voluntary admission into a misdemeanor pretrial veterans'
528treatment intervention program approved by the chief judge of
529the circuit, for a period based on the program requirements and
530the treatment plan for the offender, upon motion of either party
531or the court's own motion. However, the court may deny the
532defendant admission into a misdemeanor pretrial veterans'
533treatment intervention program if the defendant has previously
534entered a court-ordered veterans' treatment program.
535     (b)  While enrolled in a pretrial intervention program
536authorized by this section, the participant shall be subject to
537a coordinated strategy developed by a veterans' treatment
538intervention team. The coordinated strategy should be modeled
539after the therapeutic jurisprudence principles and key
540components in s. 397.334(4), with treatment specific to the
541needs of veterans. The coordinated strategy may include a
542protocol of sanctions that may be imposed upon the participant
543for noncompliance with program rules. The protocol of sanctions
544may include, but need not be limited to, placement in a
545treatment program offered by a licensed service provider or in a
546jail-based treatment program or serving a period of
547incarceration within the time limits established for contempt of
548court. The coordinated strategy must be provided in writing to
549the participant before the participant agrees to enter into a
550misdemeanor pretrial veterans' treatment intervention program or
551other pretrial intervention program. Any person whose charges
552are dismissed after successful completion of the misdemeanor
553pretrial veterans' treatment intervention program, if otherwise
554eligible, may have his or her arrest record and plea of nolo
555contendere to the dismissed charges expunged under s. 943.0585.
556     (3)(2)  At the end of the pretrial intervention period, the
557court shall consider the recommendation of the treatment program
558and the recommendation of the state attorney as to disposition
559of the pending charges. The court shall determine, by written
560finding, whether the defendant successfully completed the
561pretrial intervention program. Notwithstanding the coordinated
562strategy developed by a drug court team pursuant to s.
563397.334(4) or by the veterans' treatment intervention team, if
564the court finds that the defendant has not successfully
565completed the pretrial intervention program, the court may order
566the person to continue in education and treatment or return the
567charges to the criminal docket for prosecution. The court shall
568dismiss the charges upon finding that the defendant has
569successfully completed the pretrial intervention program.
570     (4)(3)  Any public or private entity providing a pretrial
571substance abuse education and treatment program under this
572section shall contract with the county or appropriate
573governmental entity. The terms of the contract shall include,
574but not be limited to, the requirements established for private
575entities under s. 948.15(3). This requirement does not apply to
576services provided by the Department of Veterans' Affairs or the
577United States Department of Veterans Affairs.
578     Section 8.  Subsection (1) of section 1003.05, Florida
579Statutes, is amended to read:
580     1003.05  Assistance to transitioning students from military
581families.-
582     (1)  The Legislature finds that school-aged dependents of
583military personnel, otherwise known as military students, are
584faced with numerous transitions during their formative years and
585that moves during the high school years provide special
586challenges to learning and future achievement.
587     (a)  Recognizing the challenges faced by military students
588and the importance of military families to our community and
589economy, the Department of Education shall assist the transition
590of these students by improving the timely transfer of records,
591developing systems to ease student transition during the first 2
592weeks of enrollment, promoting practices which foster access to
593extracurricular programs, establishing procedures to lessen the
594adverse impact of moves from the end of the junior year as well
595as before and during the senior year, encouraging or continuing
596partnerships between the military base and the school system,
597providing services for transitioning students when applying to
598and finding funding for postsecondary study, and providing other
599assistance as identified by department, school, and military
600personnel.
601     (b)  If a local school board adjusts school zones within
602its boundaries, military students shall be given the option of
603remaining at the school they are currently attending or may
604attend the school assigned as a result of the rezoning.
605     Section 9.  Section 1004.075, Florida Statutes, is created
606to read:
607     1004.075  Priority course registration for veterans.-Each
608Florida College System institution and state university that
609offers priority course registration for a segment of the student
610population, or upon implementation of priority course
611registration for a segment of the student population, shall
612provide priority course registration for each veteran of the
613United States Armed Forces who is receiving GI Bill educational
614benefits or for the spouse or dependent children of the veteran
615to whom the GI Bill educational benefits have been transferred.
616Each eligible veteran, or his or her spouse or dependent
617children, shall be granted priority for course registration
618until the expiration of the GI Bill educational benefits.
619     Section 10.  Section 1005.09, Florida Statutes, is created
620to read:
621     1005.09  Priority course registration for veterans.-Each
622independent postsecondary educational institution that is under
623the jurisdiction of the commission or is exempt from the
624jurisdiction of the commission and that offers priority course
625registration for a segment of the student population, or upon
626implementation of priority course registration for a segment of
627the student population, is encouraged to provide priority course
628registration for each veteran of the United States Armed Forces,
629or his or her spouse or dependent children, who is receiving GI
630Bill educational benefits, in accordance with s. 1004.075.
631     Section 11.  Present paragraphs (c) through (k) of
632subsection (10) of section 1009.21, Florida Statutes, are
633redesignated as paragraphs (d) through (l), respectively, and a
634new paragraph (c) is added to that subsection, to read:
635     1009.21  Determination of resident status for tuition
636purposes.-Students shall be classified as residents or
637nonresidents for the purpose of assessing tuition in
638postsecondary educational programs offered by charter technical
639career centers or career centers operated by school districts,
640in Florida College System institutions, and in state
641universities.
642     (10)  The following persons shall be classified as
643residents for tuition purposes:
644     (c)  Veterans of the Armed Services of the United States,
645including reserve components thereof, who attend the physical
646location of a public college, university, or institution of
647higher learning within the state.
648     Section 12.  Any veteran of the United States Armed Forces
649who was a resident of this state 4 years before entering
650military service and who holds an associate degree or has earned
651at least 60 college credit hours from a Florida College System
652institution shall be admitted to any Florida College System
653institution or state university of the veteran's choice.
654     Section 13.  Except as otherwise expressly provided in this
655act, this act shall take effect July 1, 2012.


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