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.