Florida Senate - 2014 SB 724
By Senators Dean and Altman
5-00375-14 2014724__
1 A bill to be entitled
2 An act relating to military veterans; amending ss.
3 1.01 and 295.125, F.S.; revising references from the
4 “Korean Conflict” and the “Vietnam Era” to the “Korean
5 War” and the “Vietnam War,” respectively, and from
6 “Korean Conflict Veteran” to “Korean War Veteran”;
7 amending s. 320.089, F.S.; authorizing the issuance of
8 a Combat Medical Badge license plate; revising
9 references; establishing a method of proof of
10 eligibility for certain specialty license plates;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (14) of section 1.01, Florida
16 Statutes, is amended to read:
17 1.01 Definitions.—In construing these statutes and each and
18 every word, phrase, or part hereof, where the context will
19 permit:
20 (14) The term “veteran” means a person who served in the
21 active military, naval, or air service and who was discharged or
22 released therefrom under honorable conditions only or who later
23 received an upgraded discharge under honorable conditions,
24 notwithstanding any action by the United States Department of
25 Veterans Affairs on individuals discharged or released with
26 other than honorable discharges. To receive benefits as a
27 wartime veteran, a veteran must have served in a campaign or
28 expedition for which a campaign badge has been authorized or a
29 veteran must have served during one of the following periods of
30 wartime service:
31 (a) Spanish-American War: April 21, 1898, to July 4, 1902,
32 and including the Philippine Insurrection and the Boxer
33 Rebellion.
34 (b) Mexican Border Period: May 9, 1916, to April 5, 1917,
35 in the case of a veteran who during such period served in
36 Mexico, on the borders of thereof, or in the waters adjacent to
37 Mexico thereto.
38 (c) World War I: April 6, 1917, to November 11, 1918;
39 extended to April 1, 1920, for those veterans who served in
40 Russia; also extended through July 1, 1921, for those veterans
41 who served after November 11, 1918, and before July 2, 1921,
42 provided such veterans had at least 1 day of service between
43 April 5, 1917, and November 12, 1918.
44 (d) World War II: December 7, 1941, to December 31, 1946.
45 (e) Korean War Conflict: June 27, 1950, to January 31,
46 1955.
47 (f) Vietnam War Era: February 28, 1961, to May 7, 1975.
48 (g) Persian Gulf War: August 2, 1990, to January 2, 1992.
49 (h) Operation Enduring Freedom: October 7, 2001, and ending
50 on the date thereafter prescribed by presidential proclamation
51 or by law.
52 (i) Operation Iraqi Freedom: March 19, 2003, and ending on
53 the date thereafter prescribed by presidential proclamation or
54 by law.
55 Section 2. Subsection (2) of section 295.125, Florida
56 Statutes, is amended to read:
57 295.125 Preference for admission to career training.—
58 (2) In determining order of admission or acceptance for
59 students, every career center or career program that which
60 receives state funding or support shall give preference as
61 provided in subsection (3) to a person who served in the Armed
62 Forces of the United States at any time during the Vietnam War
63 Era, as defined in s. 1.01(14), and who has been separated
64 therefrom under honorable conditions, if such person’s
65 enrollment is directly related to his or her present employment
66 or to his or her securing employment.
67 Section 3. Section 320.089, Florida Statutes, is reordered
68 and amended to read:
69 320.089 Members of National Guard and active United States
70 Armed Forces reservists; former prisoners of war; survivors of
71 Pearl Harbor; Purple Heart medal recipients; active or retired
72 United States Armed Forces reservists Operation Desert Storm
73 Veterans: Operation Desert Shield Veterans; Operation Iraqi
74 Freedom and Operation Enduring Freedom Veterans; Combat Infantry
75 Badge, Combat Medical Badge, or Combat Action Badge recipients;
76 former prisoners of war; Korean War Veterans; Vietnam War
77 Veterans; Operation Desert Shield Veterans; Operation Desert
78 Storm Veterans; Operation Enduring Freedom Veterans; and
79 Operation Iraqi Freedom Korean Conflict Veterans; special
80 license plates; fee.—
81 (1)(a) Each owner or lessee of an automobile or truck for
82 private use or recreational vehicle as specified in s.
83 320.08(9)(c) or (d), which is not used for hire or commercial
84 use, who is a resident of the state and an active or retired
85 member of the Florida National Guard, a survivor of the attack
86 on Pearl Harbor, a recipient of the Purple Heart medal, an
87 active or retired member of any branch of the United States
88 Armed Forces Reserve, or a recipient of the Combat Infantry
89 Badge, Combat Medical Badge, or Combat Action Badge shall, upon
90 application to the department, accompanied by proof of active
91 membership or retired status in the Florida National Guard,
92 proof of membership in the Pearl Harbor Survivors Association or
93 proof of active military duty in Pearl Harbor on December 7,
94 1941, proof of being a Purple Heart medal recipient, proof of
95 active or retired membership in any branch of the Armed Forces
96 Reserve, or proof of membership in the Combat Infantrymen’s
97 Association, Inc., or other proof of being a recipient of the
98 Combat Infantry Badge, Combat Medical Badge, or Combat Action
99 Badge, and upon payment of the license tax for the vehicle as
100 provided in s. 320.08, be issued a license plate as provided by
101 s. 320.06, upon which, in lieu of the serial numbers prescribed
102 by s. 320.06, shall be stamped the words “National Guard,”
103 “Pearl Harbor Survivor,” “Combat-wounded veteran,” “U.S.
104 Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,” or
105 “Combat Action Badge,” as appropriate, and a likeness of the
106 related campaign medal or badge, followed by the serial number
107 of the license plate. Additionally, the Purple Heart plate may
108 have the words “Purple Heart” stamped on the plate and the
109 likeness of the Purple Heart medal appearing on the plate.
110 (b) Notwithstanding any other provision of law to the
111 contrary, beginning with fiscal year 2002-2003 and annually
112 thereafter, the first $100,000 in general revenue generated from
113 the sale of license plates issued under this section shall be
114 deposited into the Grants and Donations Trust Fund, as described
115 in s. 296.38(2), to be used for the purposes established by law
116 for that trust fund. Any additional general revenue generated
117 from the sale of such plates shall be deposited into the State
118 Homes for Veterans Trust Fund and used solely to construct,
119 operate, and maintain domiciliary and nursing homes for
120 veterans, subject to the requirements of chapter 216.
121 (c) Notwithstanding any provisions of law to the contrary,
122 an applicant for a Pearl Harbor Survivor license plate or a
123 Purple Heart license plate who also qualifies for a disabled
124 veteran’s license plate under s. 320.084 shall be issued the
125 appropriate special license plate without payment of the license
126 tax imposed by s. 320.08.
127 (2) Each owner or lessee of an automobile or truck for
128 private use, truck weighing not more than 7,999 pounds, or
129 recreational vehicle as specified in s. 320.08(9)(c) or (d),
130 which is not used for hire or commercial use, who is a resident
131 of the state and who is a former prisoner of war, or their
132 unremarried surviving spouse, shall, upon application therefor
133 to the department, be issued a license plate as provided in s.
134 320.06, on which license plate are stamped the words “Ex-POW”
135 followed by the serial number. Each application shall be
136 accompanied by proof that the applicant meets the qualifications
137 specified in paragraph (a) or paragraph (b).
138 (a) A citizen of the United States who served as a member
139 of the Armed Forces of the United States or the armed forces of
140 a nation allied with the United States who was held as a
141 prisoner of war at such time as the Armed Forces of the United
142 States were engaged in combat, or their unremarried surviving
143 spouse, may be issued the special license plate provided for in
144 this subsection without payment of the license tax imposed by s.
145 320.08.
146 (b) A person who was serving as a civilian with the consent
147 of the United States Government, or a person who was a member of
148 the Armed Forces of the United States who was not a United
149 States citizen and was held as a prisoner of war when the Armed
150 Forces of the United States were engaged in combat, or their
151 unremarried surviving spouse, may be issued the special license
152 plate provided for in this subsection upon payment of the
153 license tax imposed by s. 320.08.
154 (3) Each owner or lessee of an automobile or truck for
155 private use, truck weighing not more than 7,999 pounds, or
156 recreational vehicle as specified in s. 320.08(9)(c) or (d),
157 which is not used for hire or commercial use, who is a resident
158 of this state and who is the unremarried surviving spouse of a
159 recipient of the Purple Heart medal shall, upon application
160 therefor to the department, with the payment of the required
161 fees, be issued a license plate as provided in s. 320.06, on
162 which license plate are stamped the words “Purple Heart” and the
163 likeness of the Purple Heart medal followed by the serial
164 number. Each application shall be accompanied by proof that the
165 applicant is the unremarried surviving spouse of a recipient of
166 the Purple Heart medal.
167 (6)(4) The owner or lessee of an automobile or truck for
168 private use, a truck weighing not more than 7,999 pounds, or a
169 recreational vehicle as specified in s. 320.08(9)(c) or (d)
170 which automobile, truck, or recreational vehicle is not used for
171 hire or commercial use who is a resident of the state and a
172 current or former member of the United States military who was
173 deployed and served in Saudi Arabia, Kuwait, or another area of
174 the Persian Gulf during Operation Desert Shield or Operation
175 Desert Storm or Operation Desert Shield; in Afghanistan during
176 Operation Enduring Freedom; or in Iraq during Operation Iraqi
177 Freedom; or in Afghanistan during Operation Enduring Freedom
178 shall, upon application to the department, accompanied by proof
179 of active membership or former active duty status during one of
180 these operations, and upon payment of the license tax for the
181 vehicle as provided in s. 320.08, be issued a license plate as
182 provided by s. 320.06 upon which, in lieu of the registration
183 license number prescribed by s. 320.06, shall be stamped the
184 words “Operation Desert Shield,” “Operation Desert Storm,”
185 “Operation Enduring Freedom,” or “Operation Desert Shield,”
186 “Operation Iraqi Freedom,” or “Operation Enduring Freedom,” as
187 appropriate, and a likeness of the related campaign medal
188 followed by the registration license number of the plate. Proof
189 that the applicant was awarded the Southwest Asia Service Medal,
190 Iraq Campaign Medal, Afghanistan Campaign Medal, or Global War
191 on Terrorism Expeditionary Medal is sufficient to establish
192 eligibility for the appropriate license plate.
193 (5) The owner or lessee of an automobile or truck for
194 private use, a truck weighing not more than 7,999 pounds, or a
195 recreational vehicle as specified in s. 320.08(9)(c) or (d)
196 which automobile, truck, or recreational vehicle is not used for
197 hire or commercial use, who is a resident of the state and a
198 current or former member of the United States military, and who
199 was deployed and served in Vietnam during United States military
200 deployment in Indochina shall, upon application to the
201 department, accompanied by proof of active membership or former
202 active duty status during these operations, and, upon payment of
203 the license tax for the vehicle as provided in s. 320.08, be
204 issued a license plate as provided by s. 320.06 upon which, in
205 lieu of the registration license number prescribed by s. 320.06,
206 shall be stamped the words “Vietnam War Veteran,” and a likeness
207 of the Vietnam Service Medal, followed by the registration
208 license number of the plate. Proof that the applicant was
209 awarded the Vietnam Service Medal is sufficient to establish
210 eligibility for the license plate.
211 (4)(6) The owner or lessee of an automobile or truck for
212 private use, a truck weighing not more than 7,999 pounds, or a
213 recreational vehicle as specified in s. 320.08(9)(c) or (d)
214 which automobile, truck, or recreational vehicle is not used for
215 hire or commercial use, who is a resident of the state and a
216 current or former member of the United States Armed Forces
217 military, and who was deployed and served in Korea during the
218 Korean War as defined by s. 1.01(14), United States military
219 deployment in Korea shall, upon application to the department,
220 accompanied by proof of active membership or former active duty
221 status during the Korean War these operations, and upon payment
222 of the license tax for the vehicle as provided in s. 320.08, be
223 issued a license plate as provided by s. 320.06 upon which, in
224 lieu of the registration license number prescribed by s. 320.06,
225 shall be stamped the words “Korean War Veteran,” and a likeness
226 of the Korean Service Medal, “Korean Conflict Veteran,” followed
227 by the registration license number of the plate. Proof that the
228 applicant was awarded the Korean Service Medal is sufficient to
229 establish eligibility for the license plate.
230 Section 4. This act shall take effect July 1, 2014.