Bill Text: FL S0184 | 2016 | Regular Session | Enrolled
Bill Title: Military and Veterans Affairs
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-15 - Chapter No. 2016-242 [S0184 Detail]
Download: Florida-2016-S0184-Enrolled.html
ENROLLED 2016 Legislature CS for SB 184, 1st Engrossed 2016184er 1 2 An act relating to military and veterans affairs; 3 creating s. 83.683, F.S.; requiring a landlord, a 4 condominium association, a cooperative association, or 5 a homeowners’ association to complete the processing 6 of a rental application submitted by a servicemember 7 within a specified timeframe; providing applicability; 8 amending s. 322.08, F.S.; requiring the application 9 form for an original, renewal, or replacement driver 10 license or identification card to include a voluntary 11 checkoff authorizing veterans to request written or 12 electronic information on federal, state, and local 13 benefits and services for veterans; requiring the 14 requested information to be delivered by a third-party 15 provider; requiring the Department of Highway Safety 16 and Motor Vehicles to report monthly to the Department 17 of Veterans’ Affairs the names and mailing or e-mail 18 addresses of veterans who request information; 19 requiring the Department of Veterans’ Affairs to 20 disseminate veteran contact information to the third 21 party provider; requiring that the third-party 22 provider be a nonprofit organization; defining the 23 term “nonprofit organization”; requiring that the 24 Department of Veterans’ Affairs provide veteran 25 contact information to the appropriate county or city 26 veteran service officer; specifying that a third-party 27 provider may use veteran contact information only as 28 authorized; prohibiting a third-party provider from 29 selling veteran contact information; requiring a 30 third-party provider to maintain confidentiality of 31 veteran contact information under specified 32 provisions; providing a penalty; amending s. 265.003, 33 F.S.; defining the term “veteran” or “military 34 veteran” for purposes of determining persons the 35 Florida Veterans’ Hall of Fame Council may consider as 36 nominees for the Florida Veterans’ Hall of Fame; 37 creating s. 489.1131, F.S.; directing the Department 38 of Business and Professional Regulation to provide a 39 method by which honorably discharged veterans may 40 apply for construction contracting licensure; 41 authorizing the Construction Industry Licensing Board 42 to adopt rules; directing the department, in 43 conjunction with the board, to annually prepare and 44 submit a specified report to the Governor and 45 Legislature; amending s. 489.511, F.S.; revising 46 eligibility criteria for taking the electrical or 47 alarm system contractor certification examination; 48 creating s. 489.5161, F.S.; directing the Department 49 of Business and Professional Regulation to provide a 50 method by which honorably discharged veterans may 51 apply for electrical or alarm system contracting 52 licensure; authorizing the Electrical Contractors’ 53 Licensing Board to adopt rules; directing the 54 department, in conjunction with the board, to annually 55 prepare and submit a specified report to the Governor 56 and Legislature; creating s. 493.61035, F.S.; 57 directing the Department of Agriculture and Consumer 58 Services to provide a method by which honorably 59 discharged veterans may apply for private 60 investigative, private security, and repossession 61 services licensure; authorizing the department to 62 adopt rules; directing the department to annually 63 prepare and submit a specified report to the Governor 64 and Legislature; directing the Department of Highway 65 Safety and Motor Vehicles and the Department of 66 Military Affairs to conduct a commercial motor vehicle 67 driver license testing pilot program; specifying 68 testing locations and funding; requiring the 69 departments to submit a report to the Legislature by a 70 specified date; providing for repeal of the program; 71 creating the Military and Overseas Voting Assistance 72 Task Force within the Department of State; specifying 73 membership of the task force; authorizing 74 reimbursement for per diem and travel expenses; 75 prescribing duties of the task force; requiring 76 submission of a report to the Governor and the 77 Legislature by a specified date; providing for 78 expiration of the task force; providing for staffing; 79 providing an effective date. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. Section 83.683, Florida Statutes, is created to 84 read: 85 83.683 Rental application by a servicemember.— 86 (1) If a landlord requires a prospective tenant to complete 87 a rental application before residing in a rental unit, the 88 landlord must complete processing of a rental application 89 submitted by a prospective tenant who is a servicemember, as 90 defined in s. 250.01, within 7 days after submission and must, 91 within that 7-day period, notify the servicemember in writing of 92 an application approval or denial and, if denied, the reason for 93 denial. Absent a timely denial of the rental application, the 94 landlord must lease the rental unit to the servicemember if all 95 other terms of the application and lease are complied with. 96 (2) If a condominium association, as defined in chapter 97 718, a cooperative association, as defined in chapter 719, or a 98 homeowners’ association, as defined in chapter 720, requires a 99 prospective tenant of a condominium unit, cooperative unit, or 100 parcel within the association’s control to complete a rental 101 application before residing in a rental unit or parcel, the 102 association must complete processing of a rental application 103 submitted by a prospective tenant who is a servicemember, as 104 defined in s. 250.01, within 7 days after submission and must, 105 within that 7-day period, notify the servicemember in writing of 106 an application approval or denial and, if denied, the reason for 107 denial. Absent a timely denial of the rental application, the 108 association must allow the unit or parcel owner to lease the 109 rental unit or parcel to the servicemember and the landlord must 110 lease the rental unit or parcel to the servicemember if all 111 other terms of the application and lease are complied with. 112 (3) The provisions of this section may not be waived or 113 modified by the agreement of the parties under any 114 circumstances. 115 Section 2. Present subsection (9) of section 322.08, 116 Florida Statutes, is renumbered as subsection (10), and a new 117 subsection (9) is added to that section, to read: 118 322.08 Application for license; requirements for license 119 and identification card forms.— 120 (9)(a) To support the carrying out of the duties of the 121 Department of Veterans’ Affairs prescribed in s. 292.05 and to 122 facilitate its outreach to veterans residing in this state, the 123 application form for an original, a renewal, or a replacement 124 driver license or identification card must include a voluntary 125 checkoff authorizing a veteran of the United States Armed Forces 126 to request written or electronic information on federal, state, 127 and local benefits and services available to veterans. The 128 veteran may elect to receive requested information through 129 United States mail or by e-mail. The requested information shall 130 be delivered to the veteran by any third-party provider selected 131 by the Department of Veterans’ Affairs to act on its behalf. 132 (b) The department shall collaborate with the Department of 133 Veterans’ Affairs to administer this subsection. The department 134 shall report monthly to the Department of Veterans’ Affairs the 135 name and mailing address or e-mail address of each veteran who 136 requests information as provided in paragraph (a). Following 137 receipt of the monthly report, the Department of Veterans’ 138 Affairs shall disseminate the contact information for each such 139 veteran to the third-party provider acting on its behalf. The 140 third-party provider must be a nonprofit organization with 141 sufficient ability to communicate with veterans residing 142 throughout this state. For purposes of this paragraph, the term 143 “nonprofit organization” means an organization exempt from the 144 federal income tax under s. 501 of the Internal Revenue Code of 145 1986 or any federal, state, or local governmental entity. 146 (c) In addition to the requirements of paragraph (b), the 147 Department of Veterans’ Affairs shall disseminate the contact 148 information for a veteran who selects the voluntary checkoff to 149 the appropriate county or city veteran service officer in order 150 to facilitate further outreach to veterans. 151 (d)1. The contact information of a veteran which is 152 obtained by a third-party provider pursuant to this subsection 153 may be used only as authorized by this subsection. The third 154 party provider may not sell such contact information. Except as 155 otherwise provided, the third-party provider must maintain the 156 confidentiality of the contact information in accordance with 157 chapter 119 and the federal Driver’s Privacy Protection Act of 158 1994, 18 U.S.C. ss. 2721 et seq. 159 2. A person who willfully and knowingly violates this 160 paragraph commits a misdemeanor of the first degree, punishable 161 as provided in s. 775.082 or s. 775.083. 162 Section 3. Subsection (4) of section 265.003, Florida 163 Statutes, is amended to read: 164 265.003 Florida Veterans’ Hall of Fame.— 165 (4)(a) The Florida Veterans’ Hall of Fame Council shall 166 annually accept nominations of persons to be considered for 167 induction into the Florida Veterans’ Hall of Fame and shall 168 transmit a list of up to 20 nominees to the Department of 169 Veterans’ Affairs for submission to the Governor and the Cabinet 170 who will select the nominees to be inducted. 171 (b) In selecting its nominees for submission to the 172 Governor and the Cabinet, theFlorida Veterans’ Hall of Fame173 council shall give preference to veterans who were born in 174 Florida or adopted Florida as their home state or base of 175 operation and who have made a significant contribution to the 176 state in civic, business, public service, or other pursuits. 177 (c) For purposes of this section, the term “veteran” or 178 “military veteran” means a person who meets the definition of 179 the term in s. 1.01(14) or a former member of the Florida 180 National Guard. 181 Section 4. Section 489.1131, Florida Statutes, is created 182 to read: 183 489.1131 Credit for relevant military training and 184 education.- 185 (1) The department shall provide a method by which 186 honorably discharged veterans may apply for licensure. The 187 method must include a veteran-specific application and provide: 188 (a) To the fullest extent possible, credit toward the 189 requirements for licensure for military experience, training, 190 and education received and completed during service in the 191 United States Armed Forces if the military experience, training, 192 or education is substantially similar to the experience, 193 training, or education required for licensure. 194 (b) Acceptance of up to 3 years of active duty service in 195 the United States Armed Forces, regardless of duty or training, 196 to meet the experience requirements of s. 489.111(2)(c). At 197 least 1 additional year of active experience as a foreman in the 198 trade, either civilian or military, is required to fulfill the 199 experience requirement of s. 489.111(2)(c). 200 201 The board may adopt rules pursuant to s. 120.536(1) and s. 202 120.54 to implement this subsection. 203 (2) Notwithstanding any other provision of law, beginning 204 October 1, 2017, and annually thereafter, the department, in 205 conjunction with the board, is directed to prepare and submit a 206 report titled “Construction and Electrical Contracting Veteran 207 Applicant Statistics” to the Governor, the President of the 208 Senate, and the Speaker of the House of Representatives. The 209 report must include statistics and information relating to this 210 section and s. 489.5161 which detail: 211 (a) The number of applicants who identified themselves as 212 veterans. 213 (b) The number of veterans whose application for a license 214 was approved. 215 (c) The number of veterans whose application for a license 216 was denied, including the reasons for denial. 217 (d) Data on the application processing times for veterans. 218 (e) Recommendations on ways to improve the department’s 219 ability to meet the needs of veterans which would effectively 220 address the challenges that veterans face when separating from 221 military service and seeking a license regulated by the 222 department pursuant to part I of chapter 489. 223 Section 5. Paragraph (b) of subsection (1) of section 224 489.511, Florida Statutes, is amended to read: 225 489.511 Certification; application; examinations; 226 endorsement.— 227 (1) 228 (b) Any person desiring to be certified as a contractor 229 shall apply to the department in writing and must meet the 230 following criteria: 231 1. Be of good moral character; 232 2. Pass the certification examination, achieving a passing 233 grade as established by board rule; and 234 3. Meet eligibility requirements according to one of the 235 following criteria: 236 a. Has, within the 6 years immediately preceding the filing 237 of the application, at least 3 years ofyears’proven management 238 experience in the trade or education equivalent thereto, or a 239 combination thereof, but not more than one-half of such 240 experience may be educational equivalent; 241 b. Has, within the 8 years immediately preceding the filing 242 of the application, at least 4 years ofyears’experience as a 243 supervisor or contractor in the trade for which he or she is 244 making application, or at least 4 years of experience as a 245 supervisor in electrical or alarm system work with the United 246 States Armed Forces; 247 c. Has, within the 12 years immediately preceding the 248 filing of the application, at least 6 years of comprehensive 249 training, technical education, or supervisory experience 250 associated with an electrical or alarm system contracting 251 business, or at least 6 years of technical experience, 252 education, or training in electrical or alarm system work with 253 the United States Armed Forces or a governmental entity; 254 d. Has, within the 12 years immediately preceding the 255 filing of the application, been licensed for 3 years as a 256 professional engineer who is qualified by education, training, 257 or experience to practice electrical engineering; or 258 e. Has any combination of qualifications under sub 259 subparagraphs a.-c. totaling 6 years of experience. 260 Section 6. Section 489.5161, Florida Statutes, is created 261 to read: 262 489.5161 Credit for relevant military training and 263 education.- 264 (1) The department shall provide a method by which 265 honorably discharged veterans may apply for licensure. The 266 method must include a veteran-specific application and provide, 267 to the fullest extent possible, credit toward the requirements 268 for licensure for military experience, training, and education 269 received and completed during service in the United States Armed 270 Forces if the military experience, training, or education is 271 substantially similar to the experience, training, or education 272 required for licensure. The board may adopt rules pursuant to s. 273 120.536(1) and s. 120.54 to implement this subsection. 274 (2) Notwithstanding any other provision of law, beginning 275 October 1, 2017, and annually thereafter, the department, in 276 conjunction with the board, is directed to prepare and submit a 277 report titled “Construction and Electrical Contracting Veteran 278 Applicant Statistics” to the Governor, the President of the 279 Senate, and the Speaker of the House of Representatives. The 280 report shall include statistics and information relating to this 281 section and s. 489.1131 which detail: 282 (a) The number of applicants who identified themselves as 283 veterans. 284 (b) The number of veterans whose application for a license 285 was approved. 286 (c) The number of veterans whose application for a license 287 was denied, including data on the reasons for denial. 288 (d) Data on the application processing times for veterans. 289 (e) Recommendations on ways to improve the department’s 290 ability to meet the needs of veterans which would effectively 291 address the challenges that veterans face when separating from 292 military service and seeking a license regulated by the 293 department pursuant to part II of chapter 489. 294 Section 7. Section 493.61035, Florida Statutes, is created 295 to read: 296 493.61035 Credit for relevant military training and 297 education.— 298 (1) The department shall provide a method by which 299 honorably discharged veterans may apply for licensure. The 300 method must include: 301 (a) To the fullest extent possible, credit toward the 302 requirements for licensure for military training and education 303 received and completed during service in the United States Armed 304 Forces if the military training or education is substantially 305 similar to the training or education required for licensure. 306 (b) Identification of overlaps and gaps between the 307 requirements for licensure and the military training or 308 education received and completed by the veteran, and subsequent 309 notification to the veteran of the overlaps and gaps. 310 (c) Assistance in identifying programs that offer training 311 and education needed to meet the requirements for licensure. 312 (2) Notwithstanding any other provision of law, beginning 313 October 1, 2017, and annually thereafter, the department is 314 directed to prepare and submit a report to the Governor, the 315 President of the Senate, and the Speaker of the House of 316 Representatives. In addition to any other information that the 317 Legislature may require, the report must include statistics and 318 relevant information which detail: 319 (a) The number of applicants who identified themselves as 320 veterans. 321 (b) The number of veterans whose application for a license 322 was approved. 323 (c) The number of veterans whose application for a license 324 was denied, including the reasons for denial. 325 (d) Data on the application processing times for veterans. 326 (e) The department’s efforts to assist veterans in 327 identifying programs that offer training and education needed to 328 meet the requirements for licensure. 329 (f) The department’s identification of the most common 330 overlaps and gaps between the requirements for licensure and the 331 military training and education received and completed by the 332 veterans. 333 (g) Recommendations on ways to improve the department’s 334 ability to meet the needs of veterans which would effectively 335 address the challenges that veterans face when separating from 336 military service and seeking a license for a profession or 337 occupation regulated by the department pursuant to chapter 493. 338 Section 8. (1) The Department of Highway Safety and Motor 339 Vehicles and the Department of Military Affairs shall jointly 340 conduct a pilot program to provide onsite commercial motor 341 vehicle driver license testing opportunities to qualified 342 members of the Florida National Guard pursuant to the Department 343 of Highway Safety and Motor Vehicles commercial motor vehicle 344 driver license skills test waiver under s. 322.12, Florida 345 Statutes. Testing must be held at a Florida National Guard 346 Armory, a Florida United States Armed Forces Reserve Center, or 347 the Camp Blanding Joint Training Center. The pilot program shall 348 be accomplished using existing funds appropriated to each 349 department. 350 (2) By June 30, 2017, the Department of Highway Safety and 351 Motor Vehicles and the Department of Military Affairs shall 352 jointly submit a report on the results of the pilot program to 353 the President of the Senate and the Speaker of the House of 354 Representatives. 355 (3) This section is repealed October 1, 2017, and shall not 356 be codified in the Florida Statutes. 357 Section 9. Military and Overseas Voting Assistance Task 358 Force.—The Military and Overseas Voting Assistance Task Force, a 359 task force as defined in s. 20.03, Florida Statutes, is created 360 within the Department of State. The task force is created for 361 the express purpose of studying issues involving the development 362 and implementation of an online voting system that allows absent 363 uniformed services voters who are overseas to electronically 364 submit voted ballots. 365 (1) The task force is composed of 11 members, as follows: 366 (a) The Secretary of State or his or her designee, who 367 shall serve as chair of the task force. 368 (b) The Adjutant General or his or her designee. 369 (c) The executive director of the Agency for State 370 Technology or his or her designee. 371 (d) One member of the Senate appointed by the President of 372 the Senate. 373 (e) One member of the House of Representatives appointed by 374 the Speaker of the House of Representatives. 375 (f) Three supervisors of elections appointed by the Florida 376 State Association of Supervisors of Elections. 377 (g) Three individuals appointed by the Secretary of State, 378 with relevant expertise in computers, the Internet, or other 379 associated technologies. 380 (2) Members of the task force shall serve without 381 compensation, but are entitled to reimbursement for per diem and 382 travel expenses pursuant to s. 112.061, Florida Statutes. 383 (3) The task force, at a minimum, shall study and report on 384 the following issues: 385 (a) Any factor that limits the ability of absent uniformed 386 services voters who are overseas to request, receive, and return 387 absentee ballots within the current statutory time period for 388 casting absentee ballots. 389 (b) The costs associated with the development and 390 implementation of an online voting system. 391 (c) The feasibility of absent uniformed services voters who 392 are overseas using an online voting system to electronically 393 submit a voted ballot. 394 (d) The security of electronically submitting a voted 395 ballot through an online voting system. 396 (e) Procedures adopted by other states to facilitate 397 greater electoral participation among absent uniformed services 398 voters who are overseas. 399 (4) The Secretary of State shall submit a report to the 400 Governor, the President of the Senate, and the Speaker of the 401 House of Representatives by July 1, 2017, containing the task 402 force’s recommendation concerning whether the state should 403 pursue the development and implementation of an online voting 404 system that allows absent uniformed services voters who are 405 overseas to electronically submit voted ballots. If the task 406 force favorably recommends an online voting system, the report 407 must include recommended steps for developing and implementing 408 such a system. Upon submission of the report, the task force 409 shall expire. 410 (5) The Division of Elections of the Department of State 411 shall provide support staff for the task force. The Agency for 412 State Technology shall assist the task force upon request. 413 Section 10. This act shall take effect July 1, 2016.