Bill Text: FL S0860 | 2014 | Regular Session | Comm Sub
Bill Title: Military and Veterans Affairs
Spectrum: Slight Partisan Bill (Republican 26-12-2)
Status: (Introduced - Dead) 2014-03-11 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7015 (Ch. 2014-1), CS/CS/CS/HB 851 (Ch. 2014-62) [S0860 Detail]
Download: Florida-2014-S0860-Comm_Sub.html
Florida Senate - 2014 CS for SB 860
By the Committees on Appropriations; and Military and Veterans
Affairs, Space, and Domestic Security; and Senator Benacquisto
576-02229-14 2014860c1
1 A bill to be entitled
2 An act relating to military and veteran support;
3 amending s. 250.10, F.S.; revising participation
4 requirements and authorizing certain courses for the
5 Educational Dollars for Duty program; directing the
6 Adjutant General to adopt certain rules; providing
7 appropriations; amending s. 250.35, F.S.; updating
8 references with respect to courts-martial; creating s.
9 265.0031, F.S.; establishing the Florida Veterans’
10 Walk of Honor and the Florida Veterans’ Memorial
11 Garden; directing the Department of Management
12 Services, in consultation with the direct-support
13 organization of the Department of Veterans’ Affairs,
14 to make space available for such purpose; amending s.
15 288.0001, F.S.; directing the Office of Economic and
16 Demographic Research and the Office of Program Policy
17 Analysis and Government Accountability to provide a
18 specified analysis of certain grant and entrepreneur
19 initiative programs; amending ss. 295.065, 295.07,
20 295.08, and 295.085, F.S.; revising and providing
21 governmental employment preference for certain
22 persons; creating s. 295.188, F.S.; authorizing
23 private employers to provide employment preference for
24 certain persons; creating s. 295.21, F.S.;
25 establishing Florida Is For Veterans, Inc., within the
26 Department of Veterans’ Affairs; providing for a board
27 of directors and the duties and requirements thereof;
28 creating s. 295.22, F.S.; creating the Veterans
29 Employment and Training Services Program within the
30 department; providing program requirements; directing
31 Enterprise Florida, Inc., to provide certain
32 information about Florida Is For Veterans, Inc., to
33 certain businesses; creating s. 295.23, F.S.;
34 directing the Florida Tourism Industry Marketing
35 Corporation to perform specified duties relating to
36 Florida Is For Veterans, Inc., and to expend specified
37 funds in the performance of such duties; requiring the
38 Florida Tourism Industry Marketing Corporation to
39 provide certain funds to Florida Is For Veterans,
40 Inc.; providing appropriations; requiring Florida Is
41 For Veterans, Inc., and the Florida Tourism Industry
42 Marketing Corporation to submit certain plans and
43 performance measures to the Legislative Budget
44 Commission and receive the commission’s approval
45 before expending certain funds; directing Florida Is
46 For Veterans, Inc., to submit a report to the Governor
47 and the Legislature relating to gaps in veteran
48 resources; directing the Office of Program Policy
49 Analysis and Government Accountability to conduct a
50 performance audit of Florida Is For Veterans, Inc.;
51 amending ss. 296.06 and 296.36, F.S.; revising the
52 eligibility requirements for residency in the Florida
53 State Veterans’ Domiciliary Home and admittance to a
54 state veterans’ nursing home; amending s. 322.031,
55 F.S.; providing conditions under which the spouses and
56 dependents of servicemembers are exempt from obtaining
57 or displaying a driver license or learner’s permit;
58 amending s. 322.121, F.S.; granting an automatic
59 extension for the expiration of a driver license to
60 the spouse and dependents of servicemembers; amending
61 s. 455.213, F.S.; extending the application deadline
62 for military veterans to have certain fees waived by
63 the Department of Business and Professional Regulation
64 and waiving such fees for the spouses of veterans;
65 amending ss. 456.013 and 468.304, F.S.; extending the
66 application deadline for military veterans to have
67 certain fees waived by the Department of Health and
68 waiving such fees for the spouses of veterans;
69 amending s. 456.024, F.S.; providing licensing
70 procedures and waiving fees for certain health care
71 practitioners; amending ss. 458.315 and 459.0076,
72 F.S.; revising provisions for issuance of temporary
73 certificates for practice in areas of critical need to
74 conform to changes made by the act; creating ss.
75 458.3151 and 459.00761, F.S.; providing application
76 requirements and procedures for active duty military
77 and veteran physicians to obtain temporary
78 certificates for practice in areas of critical need;
79 amending s. 499.012, F.S.; providing that specified
80 military service meets certain permitting
81 requirements; amending s. 1002.33, F.S.; providing
82 legislative findings and intent with respect to
83 establishing charter schools on military
84 installations; encouraging military installation
85 commanders to collaborate with the Commissioner of
86 Education; providing for operation and control of such
87 schools; amending s. 1009.26, F.S.; directing state
88 universities, Florida College System institutions, and
89 certain career centers to waive certain fees for
90 veterans; providing applicability; providing
91 appropriations; providing effective dates.
92
93 Be It Enacted by the Legislature of the State of Florida:
94
95 Section 1. Subsections (7) and (8) of section 250.10,
96 Florida Statutes, are amended to read:
97 250.10 Appointment and duties of the Adjutant General.—
98 (7) The Adjutant General shall develop an education
99 assistance program for members in good standing of the Florida
100 National Guard who enroll in an authorized course of study at a
101 public or nonpublic postsecondary institution or technical
102 center of higher learning in the state which has been accredited
103 by an accrediting body recognized by the United States
104 Department of Education or licensed by the Commission for
105 Independent Education. Education assistance also may be used for
106 training to obtain industry certifications approved by the
107 Department of Education pursuant to s. 1008.44 and continuing
108 education to maintain license certifications. The education
109 assistance This program shall be known as the Educational
110 Dollars for Duty program (EDD).
111 (a) The program shall establish set forth application
112 requirements, including, but not limited to, requirements that
113 the applicant:
114 1. Be 17 years of age or older.
115 2. Be presently domiciled in the state.
116 3. Be an active drilling member and in good standing in the
117 Florida National Guard at the beginning of and throughout the
118 entire academic term for which benefits are received.
119 4. Maintain continuous satisfactory participation in the
120 Florida National Guard for the any school term for which
121 exemption benefits are received.
122 5. Upon enrollment in the program, complete a memorandum of
123 agreement to:
124 a. Comply with the rules of the program. and
125 b. Serve in the Florida National Guard for the period
126 specified in the member’s enlistment or reenlistment contract.
127 c. Authorize the release of information pursuant to
128 subparagraph (d)6. by the postsecondary institution or technical
129 center to the education service office of the Department of
130 Military Affairs, subject to applicable federal and state law.
131 (b) The program shall define those members of the Florida
132 National Guard who are ineligible to participate in the program
133 and those courses of study which are not authorized for the
134 program.
135 1. Ineligible members include, but are not limited to, a
136 any member, commissioned officer, warrant officer, or enlisted
137 person who has obtained a master’s degree using the program.
138 2. Inactive members of the Florida National Guard and
139 members of the Individual Ready Reserve are not eligible to
140 participate in the program.
141 3.2. Courses not authorized include noncredit courses,
142 courses that do not meet degree requirements, courses that do
143 not meet requirements for completion of career training, or
144 other courses as determined by program definitions.
145 4. The program may not pay repeat course fees.
146 (c) The program may include, but is not limited to:
147 1. Courses at a public or nonpublic postsecondary
148 institution or technical center in the state which is accredited
149 by an accrediting body recognized by the United States
150 Department of Education or licensed by the Commission for
151 Independent Education.
152 2. Training to obtain industry certifications, limited to
153 certifications approved by the Department of Education under s.
154 1008.44.
155 3. Continuing education to maintain a license or
156 certification. Notwithstanding subparagraph (b)1., members who
157 have obtained a master’s degree using the program are eligible
158 for funding under this subparagraph.
159 4. Licensing and industry certification examination fees.
160 Notwithstanding subparagraph (b)1., members who have obtained a
161 master’s degree using the program are eligible for funding under
162 this subparagraph.
163 5. Notwithstanding subparagraph (b)3., developmental
164 education courses.
165 3. Developmental education courses are authorized for the
166 program.
167 (d)(c) The Adjutant General shall adopt rules for the
168 overall policy, guidance, administration, implementation, and
169 proper use of the program. Such rules must include, but need not
170 be limited to:,
171 1. Guidelines for certification by the Adjutant General of
172 a guard member’s eligibility.,
173 2. Procedures for notification to a postsecondary an
174 institution or technical center of a guard member’s termination
175 of eligibility., and
176 3. Guidelines for approving courses of study that are
177 authorized for the program, including online courses, industry
178 certification training, and continuing education to maintain
179 license certifications.
180 4. Guidelines for approving the use of program funds for
181 licensing and industry certification examination fees.
182 5. Procedures for restitution when a guard member fails to
183 comply with the penalties described in this section.
184 6. Procedures that require a public or nonpublic
185 postsecondary institution or technical center that receives
186 funding from the program to provide information regarding course
187 enrollment, course withdrawal, course cancellation, course
188 completion, course failure, and grade verification of enrolled
189 members to the education service office of the Department of
190 Military Affairs.
191 7. Guidelines for the payment of tuition and fees, not to
192 exceed the highest in-state tuition rate charged by a public
193 postsecondary institution in the state.
194 (8) Subject to appropriations, the Department of Military
195 Affairs may pay the full cost of tuition and fees for required
196 courses for current members of the Florida National Guard.
197 Members are eligible to use the program upon enlistment in the
198 Florida National Guard. If a member is enrolled in a nonpublic
199 postsecondary education institution or a nonpublic vocational
200 technical program, the Department of Military Affairs shall pay
201 an amount that may not exceed the rate of the highest in-state
202 equal to the amount that would be required to pay for the
203 average tuition and fees at a public postsecondary education
204 institution or public vocational-technical program.
205 (a) The Adjutant General shall give preference and priority
206 to eligible members who have deployed on federal military orders
207 while a member of the Florida National Guard.
208 (b) The Department of Military Affairs may reimburse a
209 member for student textbook and instructional material costs in
210 accordance with limits set each fiscal year based on funding
211 availability and regardless of the source of tuition funding,
212 but only after tuition and fees for all eligible members are
213 paid for that fiscal year.
214 (a) A member may participate in the program if he or she
215 maintains satisfactory participation in, and is an active
216 drilling member of, the Florida National Guard. Inactive members
217 of the Florida National Guard and members of the Individual
218 Ready Reserve (IRR) are not eligible to participate in the
219 program.
220 (c)(b) Penalties for noncompliance with program
221 requirements include, but are not limited to, the following:
222 1. If a member of the Florida National Guard receives
223 payment of tuition and fees for an any academic term and fails
224 to maintain satisfactory participation in the Florida National
225 Guard during that academic term, the member shall reimburse the
226 Department of Military Affairs all tuition charges and student
227 fees for the academic term for which the member received
228 payment.
229 2. If a member of the Florida National Guard leaves the
230 Florida National Guard during the period specified in the
231 member’s enlistment or reenlistment contract, the member shall
232 reimburse the Department of Military Affairs all tuition charges
233 and student fees for which the member received payments,
234 regardless of whether the obligation to reimburse the department
235 was incurred before, on, or after July 1, 2009, unless the
236 Adjutant General finds that there are justifiable extenuating
237 circumstances.
238 3. If the service of a member of the Florida National Guard
239 is terminated or the member is placed on scholastic probation
240 while receiving payments, the member shall reimburse the
241 Department of Military Affairs all tuition charges and student
242 fees for the academic term for which the member received
243 payment.
244 4. If a member defaults on any reimbursement made under
245 this paragraph, the department may charge the member the maximum
246 interest rate authorized by law.
247 Section 2. Beginning in the 2014-2015 fiscal year, the sum
248 of $1.53 million in recurring funds is appropriated from the
249 General Revenue Fund to the Department of Military Affairs to
250 supplement the Educational Dollars for Duty program to ensure
251 that Florida National Guard members are rewarded for their
252 service to the country with the ability to pursue higher
253 learning in the state pursuant to s. 250.10(7) and (8), Florida
254 Statutes.
255 Section 3. For the 2014-2015 fiscal year, the sum of
256 $250,000 in nonrecurring funds is appropriated from the General
257 Revenue Fund to the Department of Military Affairs for the
258 purpose of information technology upgrades to accommodate
259 administering and auditing the Educational Dollars for Duty
260 program.
261 Section 4. Subsections (1) and (2) of section 250.35,
262 Florida Statutes, are amended to read:
263 250.35 Courts-martial.—
264 (1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C.
265 ss. 801 et seq., and the Manual for Courts-Martial (2012 2008
266 Edition) are adopted for use by the Florida National Guard,
267 except as otherwise provided by this chapter.
268 (2) Courts-martial may try a any member of the Florida
269 National Guard for any crime or offense made punishable by the
270 Uniform Code of Military Justice (2012 2008 Edition), except
271 that a commissioned officer, warrant officer, or cadet may not
272 be tried by summary courts-martial.
273 Section 5. Effective upon this act becoming a law, section
274 265.0031, Florida Statutes, is created to read:
275 265.0031 Florida Veterans’ Walk of Honor and Florida
276 Veterans’ Memorial Garden.—
277 (1) To recognize and honor those military veterans who have
278 made significant contributions to the state through their
279 service to the United States, the Florida Veterans’ Walk of
280 Honor and the Florida Veterans’ Memorial Garden are established.
281 (2) The Florida Veterans’ Walk of Honor and the Florida
282 Veterans’ Memorial Garden shall be administered by the direct
283 support organization of the Department of Veterans’ Affairs
284 without funding from the state. However, donations made to the
285 Florida Veterans’ Walk of Honor and the Florida Veterans’
286 Memorial Garden shall be credited to the direct-support
287 organization of the Department of Veterans’ Affairs and used
288 solely to support and maintain the Florida Veterans’ Walk of
289 Honor, the Florida Veterans’ Memorial Garden, and other efforts
290 of the direct-support organization.
291 (3) The Department of Management Services, in consultation
292 with the Department of Veterans’ Affairs and the direct-support
293 organization of the Department of Veterans’ Affairs, shall make
294 space available on the Capitol Complex grounds for the
295 construction of the Florida Veterans’ Walk of Honor and the
296 Florida Veterans’ Memorial Garden.
297 Section 6. Paragraph (d) is added to subsection (2) of
298 section 288.0001, Florida Statutes, to read:
299 288.0001 Economic Development Programs Evaluation.—The
300 Office of Economic and Demographic Research and the Office of
301 Program Policy Analysis and Government Accountability (OPPAGA)
302 shall develop and present to the Governor, the President of the
303 Senate, the Speaker of the House of Representatives, and the
304 chairs of the legislative appropriations committees the Economic
305 Development Programs Evaluation.
306 (2) The Office of Economic and Demographic Research and
307 OPPAGA shall provide a detailed analysis of economic development
308 programs as provided in the following schedule:
309 (d) By January 1, 2019, and every 3 years thereafter, an
310 analysis of the grant and entrepreneur initiative programs
311 established under s. 295.22(3)(d) and (e).
312 Section 7. Section 295.065, Florida Statutes, is amended to
313 read:
314 295.065 Legislative intent.—It is the intent of the
315 Legislature to provide preference and priority in the hiring
316 practices of this state as set forth in this chapter. In All
317 written job announcements and audio and video advertisements
318 used by employing agencies of the state and its political
319 subdivisions must include a notice stating, there shall be a
320 notation that certain servicemembers and veterans, and the
321 spouses and family members of the servicemembers and veterans,
322 receive preference and priority in employment by the state and
323 are encouraged to apply for the positions being filled.
324 Section 8. Subsections (1) and (3) of section 295.07,
325 Florida Statutes, are amended to read:
326 295.07 Preference in appointment and retention.—
327 (1) The state and its political subdivisions in the state
328 shall give preference in appointment and retention in positions
329 of employment to:
330 (a) Those disabled veterans:
331 1. Who have served on active duty in any branch of the
332 United States Armed Forces of the United States, have received
333 an honorable discharge been separated therefrom under honorable
334 conditions, and have established the present existence of a
335 service-connected disability that which is compensable under
336 public laws administered by the United States U.S. Department of
337 Veterans Veterans’ Affairs;, or
338 2. Who are receiving compensation, disability retirement
339 benefits, or pension by reason of public laws administered by
340 the United States U.S. Department of Veterans Veterans’ Affairs
341 and the United States Department of Defense.
342 (b) The spouse of a any person who has a total disability,
343 permanent in nature, resulting from a service-connected
344 disability and who, because of this disability, cannot qualify
345 for employment, and the spouse of a any person missing in
346 action, captured in line of duty by a hostile force, or forcibly
347 detained or interned in line of duty by a foreign government or
348 power.
349 (c) A wartime veteran of any war as defined in s. 1.01(14),
350 who has. The veteran must have served at least 1 day during a
351 wartime period to be eligible for veterans’ preference. Active
352 duty for training may shall not be allowed for eligibility under
353 this paragraph.
354 (d) The unremarried widow or widower of a veteran who died
355 of a service-connected disability.
356 (e) The mother, father, legal guardian, or unremarried
357 widow or widower of a member of the United States Armed Forces
358 who died in the line of duty under combat-related conditions, as
359 verified by the United States Department of Defense.
360 (f) A veteran as defined in s. 1.01(14). Active duty for
361 training may not be allowed for eligibility under this
362 paragraph.
363 (g) A current member of any reserve component of the United
364 States Armed Forces or the Florida National Guard.
365 (3) Preference in employment and retention may be given
366 only to eligible persons who are described in subsection (1) and
367 who are residents of this state.
368 Section 9. Section 295.08, Florida Statutes, is amended to
369 read:
370 295.08 Positions for which a numerically based selection
371 process is used.—For positions for which an examination is used
372 to determine the qualifications for entrance into employment
373 with the state or political subdivisions in the state, 15 points
374 shall be added to the earned ratings of a person included under
375 s. 295.07(1)(a) or (b), 10 points shall be added to the earned
376 ratings of a any person included under s. 295.07(1)(c), (d), or
377 (e) 295.07(1)(a) or (b), and 5 points shall be added to the
378 earned rating of a any person included under s. 295.07(1)(f) or
379 (g) 295.07(1)(c) and (d), if the person has obtained a
380 qualifying score on the examination for the position. The names
381 of persons eligible for preference shall be entered on an
382 appropriate register or list in accordance with their respective
383 augmented ratings. However, except for classes of positions with
384 Federal Government designations of professional or technician,
385 the names of all persons qualified to receive a 15-point 10
386 point preference whose service-connected disabilities have been
387 rated by the United States Department of Veterans Affairs or its
388 predecessor or the United States Department of Defense to be 30
389 percent or more shall be placed at the top of the appropriate
390 register or employment list, in accordance with their respective
391 augmented ratings. The respective augmented rating is the
392 examination score or evaluated score in addition to the
393 applicable veteran’s preference points.
394 Section 10. Section 295.085, Florida Statutes, is amended
395 to read:
396 295.085 Positions for which a numerically based selection
397 process is not used.—In all positions in which the appointment
398 or employment of persons is not subject to a written
399 examination, with the exception of positions that are exempt
400 under s. 295.07(4), first preference in appointment, employment,
401 and retention shall be given by the state and political
402 subdivisions in the state to a person persons included under s.
403 295.07(1)(a) or (b) 295.07(1)(a) and (b), and second preference
404 shall be given to a person persons included under s.
405 295.07(1)(c), (d), (e), (f), or (g) 295.07(1)(c) and (d) who
406 possesses possess the minimum qualifications necessary to
407 discharge the duties of the position involved.
408 Section 11. Section 295.188, Florida Statutes, is created
409 to read:
410 295.188 Preference in hiring veterans for private
411 employers.—
412 (1) The Legislature intends to establish a permissive
413 preference in private employment for certain veterans.
414 (2) A private employer may adopt an employment policy that
415 gives preference in hiring to an honorably discharged veteran,
416 as defined in s. 1.01(14); the spouse of a veteran with a
417 service-connected disability, as described in s. 295.07(1)(b);
418 the unremarried widow or widower of a veteran who died of a
419 service-connected disability, as described in s. 295.07(1)(d);
420 or the unremarried widow or widower of a member of the United
421 States Armed Forces who died in the line of duty under combat
422 related conditions. Such policy shall be applied uniformly to
423 employment decisions regarding hiring and promotion.
424 (3) These preferences are not considered violations of any
425 state or local equal employment opportunity law.
426 Section 12. Section 295.21, Florida Statutes, is created to
427 read:
428 295.21 Florida Is For Veterans, Inc.—
429 (1) CREATION.—There is created within the Department of
430 Veterans’ Affairs a nonprofit corporation, to be known as
431 “Florida Is For Veterans, Inc.,” which shall be registered,
432 incorporated, organized, and operated in compliance with chapter
433 617, and which is not a unit or entity of state government. As
434 used in this section and s. 295.22, unless the context indicates
435 otherwise, the term “corporation” means Florida Is For Veterans,
436 Inc. The corporation shall be a separate budget entity and is
437 not subject to the control, supervision, or direction of the
438 department in any manner, including, but not limited to,
439 personnel, purchasing, transactions involving real or personal
440 property, or budgetary matters.
441 (2) PURPOSE.—The purpose of the corporation is to promote
442 Florida as a veteran-friendly state that seeks to provide
443 veterans with employment opportunities and that promotes the
444 hiring of veterans by the business community. The corporation
445 shall encourage retired and recently separated military
446 personnel to remain in the state or to make the state their
447 permanent residence. The corporation shall promote the value of
448 military skill sets to businesses in the state, assist in
449 tailoring the training of veterans to match the needs of the
450 employment marketplace, and enhance the entrepreneurial skills
451 of veterans.
452 (3) DUTIES.—The corporation shall:
453 (a) Conduct research to identify the target market and the
454 educational and employment needs of those in the target market.
455 The corporation shall contract with at least one entity pursuant
456 to the competitive bidding requirements in s. 287.057 and the
457 provisions of s. 295.187 to perform the research. Such entity
458 must have experience conducting market research on the veteran
459 demographic. The corporation shall seek input from the Florida
460 Tourism Industry Marketing Corporation on the scope, process,
461 and focus of such research.
462 (b) Advise the Florida Tourism Industry Marketing
463 Corporation, pursuant to s. 295.23, on:
464 1. The target market as identified in paragraph (a).
465 2. Development and implementation of a marketing campaign
466 to encourage members of the target market to remain in the state
467 or to make the state their permanent residence.
468 3. Methods for disseminating information to the target
469 market that relates to the interests and needs of veterans of
470 all ages and facilitates veterans’ knowledge of and access to
471 benefits.
472 (c) Promote and enhance the value of military skill sets to
473 businesses.
474 (d) Implement the Veterans Employment and Training Services
475 Program established by s. 295.22.
476 (e) Responsibly and prudently manage all funds received and
477 ensure that the use of such funds conforms to all applicable
478 laws, bylaws, or contractual requirements.
479 (f) Administer the programs created in this section and s.
480 295.22.
481 (4) GOVERNANCE.—
482 (a) The corporation shall be governed by a nine-member
483 board of directors. The Governor, the President of the Senate,
484 and the Speaker of the House of Representatives shall each
485 appoint three members to the board. In making appointments, the
486 Governor, the President of the Senate, and the Speaker of the
487 House of Representatives must consider representation by active
488 or retired military personnel and their spouses representing a
489 range of ages and persons with expertise in business, education,
490 marketing, and information management.
491 (b) The board of directors shall annually elect a chair
492 from among the board’s members.
493 (c) Each member of the board of directors shall be
494 appointed for a term of 4 years, except that, to achieve
495 staggered terms, the initial appointees of the Governor shall
496 serve terms of 2 years. A member is ineligible for reappointment
497 to the board except that a member appointed to a term of 2 years
498 or less may be reappointed for an additional term of 4 years.
499 The initial appointments to the board must be made by July 15,
500 2014. Vacancies on the board shall be filled in the same manner
501 as the original appointment. A vacancy that occurs before the
502 scheduled expiration of the term of the member shall be filled
503 for the remainder of the unexpired term.
504 (d) The Legislature finds that it is in the public interest
505 for the members of the board of directors to be subject to the
506 requirements of ss. 112.313, 112.3135, and 112.3143.
507 Notwithstanding the fact that they are not public officers or
508 employees, for purposes of ss. 112.313, 112.3135, and 112.3143,
509 the board members shall be considered to be public officers or
510 employees. In addition to the postemployment restrictions of s.
511 112.313(9), a person appointed to the board of directors may not
512 have direct interest in a contract, franchise, privilege,
513 project, program, or other benefit arising from an award by the
514 corporation during the appointment term and for 2 years after
515 the termination of such appointment. A person who accepts
516 appointment to the board of directors in violation of this
517 subsection, or accepts a direct interest in a contract,
518 franchise, privilege, project, program, or other benefit granted
519 by the corporation to an awardee within 2 years after the
520 termination of his or her service on the board, commits a
521 misdemeanor of the first degree, punishable as provided in s.
522 775.082 or s. 775.083. Further, each member of the board of
523 directors who is not otherwise required to file financial
524 disclosure under s. 8, Art. II of the State Constitution or s.
525 112.3144 shall file a statement of financial interests under s.
526 112.3145.
527 (e) Each member of the board of directors shall serve
528 without compensation but is entitled to reimbursement for travel
529 and per diem expenses as provided in s. 112.061 while performing
530 his or her duties.
531 (f) Each member of the board of directors is accountable
532 for the proper performance of the duties of office and owes a
533 fiduciary duty to the people of this state to ensure that awards
534 provided are disbursed and used as prescribed by law and
535 contract. An appointed member of the board of directors may be
536 removed by the officer who appointed the member for malfeasance,
537 misfeasance, neglect of duty, incompetence, permanent inability
538 to perform official duties, unexcused absence from three
539 consecutive board meetings, arrest or indictment for a crime
540 that is a felony or a misdemeanor involving theft or a crime of
541 dishonesty, or pleading guilty or nolo contendere to or being
542 found guilty of any crime.
543 (g) A majority of the members of the board of directors
544 constitutes a quorum. Council meetings may be held via
545 teleconference or other electronic means.
546 (5) POWERS.—In addition to the powers and duties prescribed
547 in chapter 617 and the articles and bylaws adopted thereunder,
548 the board of directors may:
549 (a) Make and enter into contracts and other instruments
550 necessary or convenient for the exercise of its powers and
551 functions. However, notwithstanding s. 617.0302, the corporation
552 may not issue bonds.
553 (b) Make expenditures, including any necessary
554 administrative expenditure.
555 (c) Adopt, amend, and repeal bylaws, consistent with the
556 powers granted to it under this section or the articles of
557 incorporation, for the administration of the activities of the
558 corporation, and the exercise of its corporate powers.
559 (d) Accept funding for its programs and activities from
560 federal, state, local, and private sources.
561 (e) Adopt and register a fictitious name for use in its
562 marketing activities.
563
564 The credit of the State of Florida may not be pledged on behalf
565 of the corporation.
566 (6) PUBLIC RECORDS AND MEETINGS.—The corporation is subject
567 to the provisions of chapters 119 and 286 relating to public
568 records and meetings, respectively.
569 (7) STAFFING AND ASSISTANCE.—
570 (a) The corporation is authorized to hire or contract for
571 all staff necessary for the proper execution of its powers and
572 duties. All employees of the corporation shall comply with the
573 Code of Ethics for Public Officers and Employees under part III
574 of chapter 112. Corporation staff must agree to refrain from
575 having any direct interest in any contract, franchise,
576 privilege, project, program, or other benefit arising from an
577 award by the corporation during the term of their appointment
578 and for 2 years after the termination of such appointment.
579 (b) All agencies of the state are authorized and directed
580 to provide such technical assistance as the corporation may
581 require to identify programs within each agency which provide
582 assistance or benefits to veterans who are located in this state
583 or who are considering relocation to this state.
584 (c) The Department of Veterans’ Affairs may authorize the
585 corporation’s use of the department’s property, facilities, and
586 personnel services, subject to this section. The department may
587 prescribe by contract any condition with which the corporation
588 must comply in order to use the department’s property,
589 facilities, or personnel services.
590 (d) The department may not authorize the use of its
591 property, facilities, or personnel services if the corporation
592 does not provide equal employment opportunities to all persons
593 regardless of race, color, religion, sex, age, or national
594 origin.
595 (8) ANNUAL REPORT.—The corporation shall submit an annual
596 progress report and work plan by December 1 to the Governor, the
597 President of the Senate, and the Speaker of the House of
598 Representatives. The report must include:
599 (a) Status and summary of findings regarding the target
600 market, veteran benefits, and any identified gaps in services.
601 (b) Status of the marketing campaign, delivery systems of
602 the marketing campaign, and outreach to the target market.
603 (c) Status of the Veterans Employment and Training Services
604 Program administered under s. 295.22.
605 (d) Proposed revisions or additions to performance
606 measurements for the programs administered by the corporation.
607 (e) Identification of contracts that the corporation has
608 entered into to carry out its duties.
609 (f) An annual compliance and financial audit of accounts
610 and records for the previous fiscal year prepared by an
611 independent certified public accountant pursuant to rules
612 adopted by the Auditor General.
613 (9) DISSOLUTION.—All moneys and property held by the
614 corporation shall revert to the state if the corporation ceases
615 to exist.
616 Section 13. Section 295.22, Florida Statutes, is created to
617 read:
618 295.22 Veterans Employment and Training Services Program.—
619 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
620 that the state has a compelling interest in ensuring that each
621 veteran who is a resident of the state finds employment that
622 meets his or her professional goals and receives the training or
623 education necessary to meet those goals. The Legislature also
624 finds that connecting dedicated, well-trained veterans with
625 businesses that need a dedicated, well-trained workforce is of
626 paramount importance. The Legislature recognizes that veterans
627 may not currently have the skills to meet the workforce needs of
628 Florida employers and may require assistance in obtaining
629 additional workforce training or in transitioning their skills
630 to meet the demands of the marketplace. It is the intent of the
631 Legislature that the Veterans Employment and Training Services
632 Program coordinate and meet the needs of veterans and the
633 business community to enhance the economy of this state.
634 (2) CREATION.—The Veterans Employment and Training Services
635 Program is created within the Department of Veterans’ Affairs to
636 assist in linking veterans in search of employment with
637 businesses seeking to hire dedicated, well-trained workers. The
638 purpose of the program is to meet the workforce demands of
639 businesses in the state by facilitating access to training and
640 education in high-demand fields for veterans.
641 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
642 administer the Veterans Employment and Training Services Program
643 and perform all of the following functions:
644 (a) Conduct marketing and recruiting efforts directed at
645 veterans who reside in or who have an interest in relocating to
646 this state and who are seeking employment. Marketing must
647 include information related to how a veteran’s military
648 experience can be valuable to a business. Such efforts may
649 include attending veteran job fairs and events, hosting events
650 for veterans or the business community, and using digital and
651 social media and direct mail campaigns. The corporation shall
652 also include such marketing as part of its main marketing
653 campaign.
654 (b) Assist veterans who reside in or relocate to this state
655 and who are seeking employment. The corporation shall offer
656 skills assessments to veterans and assist them in establishing
657 employment goals and applying for and achieving gainful
658 employment.
659 1. Assessment may include skill match information, skill
660 gap analysis, resume creation, translation of military skills
661 into civilian workforce skills, and translation of military
662 achievements and experience into generally understood civilian
663 workforce skills.
664 2. Assistance may include providing the veteran with
665 information on current workforce demand by industry or
666 geographic region, creating employment goals, and aiding or
667 teaching general knowledge related to completing applications.
668 The corporation may provide information related to industry
669 certifications approved by the Department of Education under s.
670 1008.44 as well as information related to earning academic
671 college credit at public postsecondary educational institutions
672 for college-level training and education acquired in the
673 military under s. 1004.096.
674 3. The corporation shall encourage veterans to register
675 with the state’s job bank system and may refer veterans to local
676 one-stop career centers for further services. The corporation
677 shall provide each veteran with information about state
678 workforce programs and shall consolidate information about all
679 available resources on one website that, if possible, includes a
680 hyperlink to each resource’s website and contact information, if
681 available. If appropriate, a veteran shall be encouraged to
682 participate in the Complete Florida Degree Program established
683 under s. 1006.735.
684 4. Assessment and assistance may be in person or by
685 electronic means, as determined by the corporation to be most
686 efficient and best meet the needs of veterans.
687 (c) Assist Florida businesses in recruiting and hiring
688 veterans. The corporation shall provide services to Florida
689 businesses to meet their hiring needs by connecting businesses
690 with suitable veteran applicants for employment. Suitable
691 applicants include veterans who have appropriate job skills or
692 may need additional training to meet the specific needs of a
693 business. The corporation shall also provide information about
694 the state and federal benefits of hiring veterans.
695 (d) Create a grant program to provide funding to assist
696 veterans in meeting the workforce-skill needs of businesses
697 seeking to hire veterans, establish criteria for approval of
698 requests for funding, and maximize the use of funding for this
699 program. Grant funds may be used only in the absence of
700 available veteran-specific federally funded programs. Grants may
701 fund specialized training specific to a particular business.
702 1. Grant funds may be allocated to any training provider
703 selected by the business, including a career center, a Florida
704 College System institution, a state university, or an in-house
705 training provider of the business. If grant funds are used to
706 provide a technical certificate, a licensure, or a degree, funds
707 may be allocated only upon a review that includes, but is not
708 limited to, accreditation and licensure documentation.
709 Instruction funded through the program must terminate when
710 participants demonstrate competence at the level specified in
711 the request; however, the grant term may not exceed 48 months.
712 Preference shall be given to target industry businesses, as
713 defined in s. 288.106, and to businesses in the defense supply,
714 cloud virtualization, or commercial aviation manufacturing
715 industries.
716 2. Costs and expenditures for the grant program must be
717 documented and separated from those incurred by the training
718 provider. Costs and expenditures shall be limited to $8,000 per
719 veteran trainee. Eligible costs and expenditures include:
720 a. Tuition and fees.
721 b. Curriculum development.
722 c. Books and classroom materials.
723 d. Rental fees for facilities at public colleges and
724 universities, including virtual training labs.
725 e. Overhead or indirect costs not to exceed 5 percent of
726 the grant amount.
727 3. Before funds are allocated for a request pursuant to
728 this section, the corporation shall prepare a grant agreement
729 between the business requesting funds, the educational
730 institution or training provider receiving funding through the
731 program, and the corporation. Such agreement must include, but
732 need not be limited to:
733 a. Identification of the personnel necessary to conduct the
734 instructional program, the qualifications of such personnel, and
735 the respective responsibilities of the parties for paying costs
736 associated with the employment of such personnel.
737 b. Identification of the match provided by the business,
738 including cash and in-kind contributions, equal to at least 50
739 percent of the total grant amount.
740 c. Identification of the estimated duration of the
741 instructional program.
742 d. Identification of all direct, training-related costs.
743 e. Identification of special program requirements that are
744 not otherwise addressed in the agreement.
745 f. Permission to access aggregate information specific to
746 the wages and performance of participants upon the completion of
747 instruction for evaluation purposes. The agreement must specify
748 that any evaluation published subsequent to the instruction may
749 not identify the employer or any individual participant.
750 4. A business may receive a grant under the Quick-Response
751 Training Program created under s. 288.047 and a grant under this
752 section for the same veteran trainee. If a business receives
753 funds under both programs, one grant agreement may be entered
754 into with Workforce Florida, Inc., as the grant administrator.
755 (e) Contract with one or more entities to administer an
756 entrepreneur initiative program for veterans in this state which
757 connects business leaders in the state with veterans seeking to
758 become entrepreneurs.
759 1. The corporation shall award each contract in accordance
760 with the competitive bidding requirements in s. 287.057 to one
761 or more public or private universities that:
762 a. Demonstrate the ability to implement the program and the
763 commitment of university resources, including financial
764 resources, to such programs.
765 b. Have a military and veteran resource center.
766 c. Have a regional small business development center in the
767 Florida Small Business Development Center Network.
768 d. As determined by the corporation, have been nationally
769 recognized for commitment to the military and veterans.
770 2. Each contract must include performance metrics,
771 including a focus on employment and business creation. Each
772 university must coordinate with any entrepreneurship center
773 located at the university. The university may also work with an
774 entity offering related programs to refer veterans or to provide
775 services. The entrepreneur initiative program may include
776 activities and assistance such as peer-to-peer learning
777 sessions, mentoring, technical assistance, business roundtables,
778 networking opportunities, support of student organizations,
779 speaker series, or other tools within a virtual environment.
780 (4) DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida,
781 Inc., shall provide information about the corporation and its
782 services to prospective, new, expanding, and relocating
783 businesses seeking to conduct business in this state. Enterprise
784 Florida, Inc., shall, to the greatest extent possible,
785 collaborate with the corporation to meet the employment needs,
786 including meeting the job creation requirements, of any business
787 receiving assistance or services from Enterprise Florida, Inc.
788 Section 14. Section 295.23, Florida Statutes, is created to
789 read:
790 295.23 Veterans research and marketing campaign.—
791 (1) The Florida Tourism Industry Marketing Corporation
792 shall:
793 (a) Provide input to Florida Is For Veterans, Inc., on
794 research to identify the target market and the educational and
795 employment needs of those in the target market.
796 (b) Develop and conduct a marketing campaign to encourage
797 retired and recently separated military personnel to remain in
798 the state or to make the state their permanent residence.
799 (c) Develop a process for the dissemination of information
800 to the target market and targeting that information to the
801 interests and needs of veterans of all ages to facilitate
802 veterans’ knowledge of and access to benefits.
803 (2) The Florida Tourism Industry Marketing Corporation
804 shall seek advice from Florida Is For Veterans, Inc., on the
805 scope, process, and focus of the marketing campaign. Input must
806 be received before invitations to bid, requests for proposals,
807 or invitations to negotiate for contracted services are
808 advertised. Florida Is For Veterans, Inc., shall be kept
809 informed at each stage of the marketing campaign and may provide
810 recommendations to the Florida Tourism Industry Marketing
811 Corporation to ensure that the effort effectively reaches
812 veterans.
813 (3) For the purposes of this section, the Florida Tourism
814 Industry Marketing Corporation shall expend $1 million annually
815 on marketing the state to veterans as a permanent home and on
816 information dissemination to improve veterans’ knowledge of and
817 access to benefits through a combination of existing funds
818 appropriated to the Florida Tourism Industry Marketing
819 Corporation by the Legislature and private funds.
820 Section 15. For fiscal year 2014-2015, the Florida Tourism
821 Industry Marketing Corporation shall provide Florida Is For
822 Veterans, Inc., $300,000 to conduct market research pursuant to
823 s. 295.21(3)(a), Florida Statutes.
824 Section 16. For the 2014-2015 fiscal year, the sum of
825 $56,768 in recurring funds and $4,258 in nonrecurring funds are
826 appropriated from the General Revenue Fund to the Department of
827 Veterans’ Affairs, and one full-time equivalent position with
828 associated salary rate of 36,350, is authorized to assist
829 Florida Is For Veterans, Inc., in performing state financial
830 activities. The funds appropriated in this section shall be
831 released pursuant to s. 216.192, Florida Statutes.
832 Section 17. For the 2014-2015 fiscal year, the sum of
833 $344,106 in recurring funds and $14,391 in nonrecurring funds
834 from the General Revenue Fund is appropriated to the Department
835 of Veterans’ Affairs for the purpose of funding the costs for
836 startup, staffing, and general operations of the Florida Is For
837 Veterans, Inc. The funds appropriated in this section shall be
838 released pursuant to s. 216.192, Florida Statutes.
839 Section 18. By August 15, 2014, Florida Is For Veterans,
840 Inc., shall submit a plan to the Legislative Budget Commission,
841 through the Department of Veterans’ Affairs, pursuant to s.
842 216.177, Florida Statutes. The plan shall:
843 (1) Provide a strategy and framework for the general
844 operations of Florida Is For Veterans, Inc., including the
845 fulfillment of its purpose, duties, and goals as provided in ss.
846 295.21 and 295.22, Florida Statutes;
847 (2) Include specific performance measures by which Florida
848 Is For Veterans, Inc., and its functions shall be evaluated; and
849 (3) Include details of the existing expenditures and
850 obligations of Florida Is For Veterans, Inc., as well as a
851 budget and timelines for expected expenditures related both to
852 general operations and to products, services, and grants to be
853 provided under programs administered by Florida Is For Veterans,
854 Inc.
855
856 Copies of the plan shall also be submitted to the President of
857 the Senate and the Speaker of the House of Representatives. The
858 Legislative Budget Commission must approve the plan, including
859 the performance measures, before Florida Is For Veterans, Inc.,
860 may expend funds for the duties required under s. 295.22,
861 Florida Statutes.
862 Section 19. By August 15, 2014, the Florida Tourism
863 Industry Marketing Corporation and Florida Is For Veterans,
864 Inc., shall jointly develop and submit to the Legislative Budget
865 Commission, through the Department of Economic Opportunity,
866 pursuant to s. 216.177, Florida Statutes, specific performance
867 measures by which the research and marketing campaign
868 established under s. 295.23, Florida Statutes, shall be
869 evaluated. Copies of the performance measures shall also be
870 submitted to the President of the Senate and the Speaker of the
871 House of Representatives. The Legislative Budget Commission must
872 approve the performance measures before the Florida Tourism
873 Industry Marketing Corporation or Florida Is For Veterans, Inc.,
874 may expend funds for the duties required under s. 295.23,
875 Florida Statutes.
876 Section 20. By February 2, 2016, Florida Is For Veterans,
877 Inc., shall submit a report to the Governor, the President of
878 the Senate, and the Speaker of the House of Representatives
879 identifying existing gaps in veteran resources and recommending
880 best practices that may be used to assist veterans and
881 improvements to current or new resources and programs.
882 Section 21. By February 1, 2018, the Office of Program
883 Policy Analysis and Government Accountability shall conduct a
884 performance audit of Florida Is For Veterans, Inc. The audit
885 shall assess the implementation and outcomes of activities under
886 ss. 295.21 and 295.22, Florida Statutes, and evaluate the
887 corporation’s accomplishments and progress toward making Florida
888 a veteran-friendly state. The audit must provide recommendations
889 for any necessary improvements. The report of the audit’s
890 findings shall be submitted to the President of the Senate and
891 the Speaker of the House of Representatives.
892 Section 22. Paragraph (b) of subsection (2) of section
893 296.06, Florida Statutes, is amended to read:
894 296.06 State policy; eligibility requirements.—
895 (2) To be eligible for residency in the home, a veteran
896 must:
897 (b) Have been a resident of the state for 1 year
898 immediately preceding application and Be a resident of the state
899 at the time of application.
900 Section 23. Paragraph (b) of subsection (1) of section
901 296.36, Florida Statutes, is amended to read:
902 296.36 Eligibility and priority of admittance.—
903 (1) To be eligible for admittance to the home, the person
904 must be a veteran as provided in s. 1.01(14) or have eligible
905 peacetime service as defined in s. 296.02 and must:
906 (b) Be Have been a resident of the state for 1 year
907 immediately preceding, and at the time of application for,
908 admission to the home.
909 Section 24. Section 322.031, Florida Statutes, is amended
910 to read:
911 322.031 Nonresident; when license required.—
912 (1) In each every case in which a nonresident, except a
913 nonresident migrant or seasonal farm worker as defined in s.
914 316.003(61), accepts employment or engages in a any trade,
915 profession, or occupation in this state or enters his or her
916 children to be educated in the public schools of this state,
917 such nonresident shall, within 30 days after beginning the
918 commencement of such employment or education, be required to
919 obtain a Florida driver driver’s license if such nonresident
920 operates a motor vehicle on the highways of this state. The
921 spouse or dependent child of such nonresident shall also be
922 required to obtain a Florida driver driver’s license within that
923 30-day period before prior to operating a motor vehicle on the
924 highways of this state.
925 (2) A member of the United States Armed Forces on active
926 duty in this state, his or her spouse, or a dependent residing
927 with him or her, is shall not be required to obtain or display a
928 Florida driver driver’s license if he or she is in possession of
929 a valid military identification card and either a valid driver
930 license or learner’s permit issued by another state, or a valid
931 military driving permit. Such a person is not required to obtain
932 or display a Florida driver license under this section solely
933 because he or she enters his or her children to be educated in
934 the public schools of this state or because he or she accepts
935 employment or engages in a trade, profession, or occupation in
936 this state if he or she has a valid military driving permit or a
937 valid driver’s license issued by another state.
938 (3) A nonresident who is domiciled in another state and who
939 commutes into this state in order to work is shall not be
940 required to obtain a Florida driver driver’s license under this
941 section solely because he or she has accepted employment or
942 engages in a any trade, profession, or occupation in this state
943 if he or she has a valid driver driver’s license issued by
944 another state. Further, a any person who is enrolled as a
945 student in a college or university and who is a nonresident but
946 is in this state for a period of up to 6 months engaged in a
947 work-study program for which academic credits are earned from a
948 college whose credits or degrees are accepted for credit by at
949 least three accredited institutions of higher learning, as
950 defined in s. 1005.02, is shall not be required to obtain a
951 Florida driver driver’s license for the duration of the work
952 study program if such person has a valid driver driver’s license
953 issued by another state. A Any nonresident who is enrolled as a
954 full-time student in any such institution of higher learning is
955 also exempt from the requirement of obtaining a Florida driver
956 driver’s license for the duration of such enrollment.
957 (4) A nonresident who is at least 21 years of age and who
958 has in his or her immediate possession a valid commercial driver
959 driver’s license issued in substantial compliance with the
960 Commercial Motor Vehicle Safety Act of 1986 may operate a motor
961 vehicle of the type permitted by his or her license to be
962 operated in this state.
963 Section 25. Subsection (5) of section 322.121, Florida
964 Statutes, is amended to read:
965 322.121 Periodic reexamination of all drivers.—
966 (5) A member Members of the United States Armed Forces, his
967 or her spouse, or a dependent their dependents residing with him
968 or her them, shall be granted an automatic extension for the
969 expiration of his or her their Class E license licenses without
970 reexamination while the member of the United States Armed Forces
971 is serving on active duty outside this state. This extension is
972 valid for 90 days after the member of the United States Armed
973 Forces is either discharged or returns to this state to live.
974 Section 26. Subsection (12) of section 455.213, Florida
975 Statutes, is amended to read:
976 455.213 General licensing provisions.—
977 (12) The department shall waive the initial licensing fee,
978 the initial application fee, and the initial unlicensed activity
979 fee for a military veteran or his or her spouse at the time of
980 discharge, if he or she who applies to the department for a
981 license, in a format prescribed by the department, within 60 24
982 months after the veteran is discharged discharge from any branch
983 of the United States Armed Forces. To qualify for this waiver,
984 the veteran must have been honorably discharged.
985 Section 27. Subsection (13) of section 456.013, Florida
986 Statutes, is amended to read:
987 456.013 Department; general licensing provisions.—
988 (13) The department shall waive the initial licensing fee,
989 the initial application fee, and the initial unlicensed activity
990 fee for a military veteran or his or her spouse at the time of
991 discharge, if he or she who applies to the department for an
992 initial license within 60 24 months after the veteran is being
993 honorably discharged from any branch of the United States Armed
994 Forces. The applicant must apply for the fee waiver using a form
995 prescribed by the department and must submit supporting
996 documentation as required by the department.
997 Section 28. Present subsection (3) of section 456.024,
998 Florida Statutes, is renumbered as subsection (4), and a new
999 subsection (3) is added to that section, to read:
1000 456.024 Members of Armed Forces in good standing with
1001 administrative boards or the department; spouses; licensure.—
1002 (3) A person who serves or has served as a health care
1003 practitioner in the United States Armed Forces, United States
1004 Reserve Forces, or the National Guard or a person who serves or
1005 has served on active duty with the United States Armed Forces as
1006 a health care practitioner in the United States Public Health
1007 Service is eligible for licensure in this state. The department
1008 shall develop an application form and each board, or the
1009 department if there is no board, shall waive the application
1010 fee, licensure fee, and unlicensed activity fee for such
1011 applicants. For purposes of this subsection, “health care
1012 practitioner” means a health care practitioner as defined in s.
1013 456.001 and a person licensed under part III of chapter 401 or
1014 part IV of chapter 468.
1015 (a) The board, or department if there is no board, shall
1016 issue a license to practice in this state to a person who:
1017 1. Submits a complete application.
1018 2. Receives an honorable discharge within 6 months before,
1019 or will receive an honorable discharge within 6 months after,
1020 the date of submission of the application.
1021 3. Holds an active, unencumbered license issued by another
1022 state, the District of Columbia, or a possession or territory of
1023 the United States and who has not had disciplinary action taken
1024 against him or her in the 5 years preceding the date of
1025 submission of the application.
1026 4. Attests that he or she is not, at the time of
1027 submission, the subject of a disciplinary proceeding in a
1028 jurisdiction in which he or she holds a license or by the United
1029 States Department of Defense for reasons related to the practice
1030 of the profession for which he or she is applying.
1031 5. Actively practiced the profession for which he or she is
1032 applying for the 3 years preceding the date of submission of the
1033 application.
1034 6. Submits a set of fingerprints for a background screening
1035 pursuant to s. 456.0135, if required for the profession for
1036 which he or she is applying.
1037
1038 The department shall verify information submitted by the
1039 applicant under this subsection using the National Practitioner
1040 Data Bank.
1041 (b) Each applicant who meets the requirements of this
1042 subsection shall be licensed with all rights and
1043 responsibilities as defined by law. The applicable board, or
1044 department if there is no board, may deny an application if the
1045 applicant has been convicted of or pled guilty or nolo
1046 contendere to, regardless of adjudication, any felony or
1047 misdemeanor related to the practice of a health care profession
1048 regulated by this state.
1049 (c) An applicant for initial licensure under this
1050 subsection must submit the information required by ss.
1051 456.039(1) and 456.0391(1) no later than 1 year after the
1052 license is issued.
1053 Section 29. Subsections (3) through (5) of section 458.315,
1054 Florida Statutes, are renumbered as subsections (2) through (4),
1055 respectively, and subsections (1) and (2) of that section are
1056 amended, to read:
1057 458.315 Temporary certificate for practice in areas of
1058 critical need.—
1059 (1) A certificate issued pursuant to this section may be
1060 cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
1061 Certificate for Practice in Areas of Critical Need.”
1062 (1)(2) A Any physician who:
1063 (a) is licensed to practice in any jurisdiction of in the
1064 United States and whose license is currently valid; or
1065 (b) Has served as a physician in the United States Armed
1066 Forces for at least 10 years and received an honorable discharge
1067 from the military;
1068
1069 and who pays an application fee of $300 may be issued a
1070 temporary certificate for practice in areas of critical need.
1071 Section 30. Section 458.3151, Florida Statutes, is created
1072 to read:
1073 458.3151 Temporary certificate for active duty military and
1074 veterans practicing in areas of critical need.—
1075 (1) A certificate issued pursuant to this section may be
1076 cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
1077 Certificate for Practice in Areas of Critical Need.”
1078 (2) The board may issue a temporary certificate to a
1079 physician who complies with subsection (3) and who will:
1080 (a) Practice in an area of critical need;
1081 (b) Be employed by or practice in a county health
1082 department; correctional facility; Department of Veterans’
1083 Affairs clinic; community health center funded by s. 329, s.
1084 330, or s. 340 of the United States Public Health Services Act;
1085 or other agency or institution that is approved by the State
1086 Surgeon General and provides health care to meet the needs of
1087 underserved populations in this state; or
1088 (c) Practice for a limited time to address critical
1089 physician-specialty, demographic, or geographic needs for this
1090 state’s physician workforce as determined by the State Surgeon
1091 General.
1092 (3) To be eligible for a temporary certificate, a physician
1093 must submit to the board:
1094 (a) A complete application.
1095 (b) Proof of an active and valid license to practice in a
1096 jurisdiction of the United States.
1097 (c) If on active duty, a letter from the physician’s
1098 military command authorizing the physician to practice medicine
1099 at an approved entity in an area of critical need.
1100 (d) Documentation demonstrating the physician is serving on
1101 active duty in the United States Armed Forces as a commissioned
1102 medical officer or has served as a commissioned medical officer
1103 in the United States Armed Forces for at least 10 years and
1104 received an honorable discharge from the military.
1105 (4) The board shall use a simplified application for a
1106 temporary certificate for practice in areas of critical need to
1107 reduce administrative impediments and maximize participation.
1108 (5) The application fee and all licensure fees, including
1109 neurological injury compensation assessments, shall be waived
1110 for a physician obtaining a temporary certificate to practice in
1111 areas of critical need for the purpose of providing volunteer,
1112 uncompensated care for low-income residents. The applicant must
1113 submit an affidavit from the employing agency or institution
1114 stating that the physician will not receive any compensation for
1115 any service involving the practice of medicine.
1116 (6)(a) Within 60 days after receipt of a complete
1117 application for a temporary certificate, the board shall review
1118 the application and associated documentation and:
1119 1. Issue the temporary certificate;
1120 2. Deny the temporary certificate; or
1121 3. Require the applicant to complete additional assessment,
1122 training, education, or other requirements as a condition of
1123 certification. The board shall issue a temporary certificate
1124 upon receipt of documentation demonstrating that the
1125 requirements of the board have been met.
1126 (b) If an applicant has not actively practiced medicine
1127 during the prior 3 years and the board determines the applicant
1128 may lack clinical competency, possess diminished or inadequate
1129 skills, lack necessary medical knowledge, or exhibit patterns of
1130 deficits in clinical decisionmaking, the board may, within 60
1131 days after receipt of a complete application:
1132 1. Deny the application;
1133 2. Issue a temporary certificate having reasonable
1134 restrictions, including, but not limited to, a requirement that
1135 the applicant practice under the supervision of a physician
1136 approved by the board; or
1137 3. Issue a temporary certificate upon receipt of
1138 documentation confirming that the applicant has met any
1139 reasonable conditions of the board, including, but not limited
1140 to, completing continuing education or undergoing an assessment
1141 of skills and training.
1142 (c) The board may not issue a temporary certificate for
1143 practice in areas of critical need to a physician who is under
1144 investigation in any jurisdiction of the United States for an
1145 act that would constitute a violation of this chapter until such
1146 time as the investigation is complete, at which time the
1147 provisions of s. 458.331 apply.
1148 (7) The recipient of a temporary certificate for practice
1149 in areas of critical need shall, within 30 days after accepting
1150 employment, notify the board of all approved institutions in
1151 which the licensee practices and of all approved institutions
1152 where practice privileges have been denied. A physician holding
1153 a temporary certificate for practice in areas of critical need
1154 may enter into a contract to provide volunteer health care
1155 services pursuant to s. 766.1115.
1156 (8) A temporary certificate issued under this section is
1157 valid only so long as the State Surgeon General determines that
1158 the reason for which it was issued remains a critical need to
1159 the state. The board shall review each temporary
1160 certificateholder at least annually to ascertain compliance with
1161 the minimum requirements of this chapter, including this
1162 section, and rules adopted thereunder. If it is determined that
1163 such minimum requirements are not being met, the board shall
1164 revoke such certificate or shall impose restrictions or
1165 conditions, or both, as a condition of continued practice under
1166 the certificate.
1167 Section 31. Subsections (3) through (5) of section
1168 459.0076, Florida Statutes, are renumbered as subsections (2)
1169 through (4), respectively, and subsections (1) and (2) of that
1170 section are amended, to read:
1171 459.0076 Temporary certificate for practice in areas of
1172 critical need.—
1173 (1) A certificate issued pursuant to this section may be
1174 cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
1175 Certificate for Practice in Areas of Critical Need.”
1176 (1)(2) A Any physician who:
1177 (a) is licensed to practice in any jurisdiction of in the
1178 United States and whose license is currently valid; or
1179 (b) Has served as a physician in the United States Armed
1180 Forces for at least 10 years and received an honorable discharge
1181 from the military;
1182
1183 and who pays an application fee of $300 may be issued a
1184 temporary certificate for practice in areas of critical need.
1185 Section 32. Section 459.00761, Florida Statutes, is created
1186 to read:
1187 459.00761 Temporary certificate for active duty military
1188 and veterans practicing in areas of critical need.—
1189 (1) A certificate issued pursuant to this section may be
1190 cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
1191 Certificate for Practice in Areas of Critical Need.”
1192 (2) The board may issue a temporary certificate to a
1193 physician who complies with subsection (3) and who will:
1194 (a) Practice in an area of critical need;
1195 (b) Be employed by or practice in a county health
1196 department; correctional facility; Department of Veterans’
1197 Affairs clinic; community health center funded by s. 329, s.
1198 330, or s. 340 of the United States Public Health Services Act;
1199 or other agency or institution that is approved by the State
1200 Surgeon General and provides health care to meet the needs of
1201 underserved populations in this state; or
1202 (c) Practice for a limited time to address critical
1203 physician-specialty, demographic, or geographic needs for this
1204 state’s physician workforce as determined by the State Surgeon
1205 General.
1206 (3) To be eligible for a temporary certificate, a physician
1207 must submit to the board:
1208 (a) A complete application.
1209 (b) Proof of an active and valid license to practice in any
1210 jurisdiction of the United States.
1211 (c) If on active duty, a letter from the physician’s
1212 military command authorizing the physician to practice medicine
1213 at an approved entity in an area of critical need.
1214 (d) Documentation demonstrating the physician is serving on
1215 active duty in the United States Armed Forces as a commissioned
1216 medical officer or has served as a commissioned medical officer
1217 in the United States Armed Forces for at least 10 years and
1218 received an honorable discharge from the military.
1219 (4) The board shall use a simplified application for a
1220 temporary certificate for practice in areas of critical need to
1221 reduce administrative impediments and maximize participation.
1222 (5) The application fee and all licensure fees, including
1223 neurological injury compensation assessments, shall be waived
1224 for a physician obtaining a temporary certificate to practice in
1225 areas of critical need for the purpose of providing volunteer,
1226 uncompensated care for low-income residents. The applicant must
1227 submit an affidavit from the employing agency or institution
1228 stating that the physician will not receive any compensation for
1229 any service involving the practice of medicine.
1230 (6)(a) Within 60 days after receipt of a complete
1231 application for a temporary certificate, the board shall review
1232 the application and associated documentation and:
1233 1. Issue the temporary certificate;
1234 2. Deny the temporary certificate; or
1235 3. Require the applicant to complete additional assessment,
1236 training, education, or other requirements as a condition of
1237 certification. The board shall issue a temporary certificate
1238 upon receipt of documentation demonstrating that the
1239 requirements of the board have been met.
1240 (b) If an applicant has not actively practiced medicine
1241 during the prior 3 years and the board determines the applicant
1242 may lack clinical competency, possess diminished or inadequate
1243 skills, lack necessary medical knowledge, or exhibit patterns of
1244 deficits in clinical decisionmaking, the board may, within 60
1245 days after receipt of a complete application:
1246 1. Deny the application;
1247 2. Issue a temporary certificate having reasonable
1248 restrictions, including, but not limited to, a requirement that
1249 the applicant practice under the supervision of a physician
1250 approved by the board; or
1251 3. Issue a temporary certificate upon receipt of
1252 documentation confirming that the applicant has met any
1253 reasonable conditions of the board, including, but not limited
1254 to, completing continuing education or undergoing an assessment
1255 of skills and training.
1256 (c) The board may not issue a temporary certificate for
1257 practice in areas of critical need to a physician who is under
1258 investigation in any jurisdiction of the United States for an
1259 act that would constitute a violation of this chapter until such
1260 time as the investigation is complete, at which time the
1261 provisions of s. 459.015 apply.
1262 (7) The recipient of a temporary certificate for practice
1263 in areas of critical need shall, within 30 days after accepting
1264 employment, notify the board of all approved institutions in
1265 which the licensee practices and of all approved institutions
1266 where practice privileges have been denied. A physician holding
1267 a temporary certificate for practice in areas of critical need
1268 may enter into a contract to provide volunteer health care
1269 services pursuant to s. 766.1115.
1270 (8) A temporary certificate issued under this section is
1271 valid as long as the State Surgeon General determines that the
1272 reason for which it was issued remains a critical need to the
1273 state. The board shall review each temporary certificateholder
1274 at least annually to ascertain compliance with the minimum
1275 requirements of this chapter, including this section, and rules
1276 adopted thereunder. If it is determined that such minimum
1277 requirements are not being met, the board shall revoke such
1278 certificate or shall impose restrictions or conditions, or both,
1279 as a condition of continued practice under the certificate.
1280 Section 33. Subsection (1) of section 468.304, Florida
1281 Statutes, is amended to read:
1282 468.304 Certification.—The department shall certify any
1283 applicant who meets the following criteria:
1284 (1) Pays to the department a nonrefundable fee that may not
1285 exceed $100, plus the actual per-applicant cost to the
1286 department for purchasing the examination from a national
1287 organization. The department shall waive the initial application
1288 fee for a military veteran or his or her spouse at the time of
1289 discharge, if he or she who applies to the department for an
1290 initial certification within 60 24 months after the veteran is
1291 being honorably discharged from any branch of the United States
1292 Armed Forces. The applicant must apply for the fee waiver using
1293 a form prescribed by the department and must submit supporting
1294 documentation as required by the department. This waiver does
1295 not include the fee for purchasing the examination from a
1296 national organization.
1297
1298 The department may not certify any applicant who has committed
1299 an offense that would constitute a violation of any of the
1300 provisions of s. 468.3101 or applicable rules if the applicant
1301 had been certified by the department at the time of the offense.
1302 An application for a limited computed tomography certificate may
1303 not be accepted. A person holding a valid computed tomography
1304 certificate as of October 1, 1984, is subject to s. 468.309.
1305 Section 34. Paragraph (b) of subsection (16) of section
1306 499.012, Florida Statutes, is amended to read:
1307 499.012 Permit application requirements.—
1308 (16)
1309 (b) To be certified as a designated representative, a
1310 natural person must:
1311 1. Submit an application on a form furnished by the
1312 department and pay the appropriate fees.;
1313 2. Be at least 18 years of age.;
1314 3. Have at least not less than 2 years of verifiable full
1315 time:
1316 a. Work experience in a pharmacy licensed in this state or
1317 another state, where the person’s responsibilities included, but
1318 were not limited to, recordkeeping for prescription drugs;, or
1319 have not less than 2 years of verifiable full-time
1320 b. Managerial experience with a prescription drug wholesale
1321 distributor licensed in this state or in another state; or
1322 c. Managerial experience with the United States Armed
1323 Forces, where the person’s responsibilities included, but were
1324 not limited to, recordkeeping, warehousing, distributing, or
1325 other logistics services pertaining to prescription drugs.;
1326 4. Receive a passing score of at least 75 percent on an
1327 examination given by the department regarding federal laws
1328 governing distribution of prescription drugs and this part and
1329 the rules adopted by the department governing the wholesale
1330 distribution of prescription drugs. This requirement shall be
1331 effective 1 year after the results of the initial examination
1332 are mailed to the persons that took the examination. The
1333 department shall offer such examinations at least four times
1334 each calendar year.; and
1335 5. Provide the department with a personal information
1336 statement and fingerprints pursuant to subsection (9).
1337 Section 35. Present subsection (27) of section 1002.33,
1338 Florida Statutes, is renumbered as subsection (28), and a new
1339 subsection (27) is added to that section, to read:
1340 1002.33 Charter schools.—
1341 (27) MILITARY INSTALLATIONS.—
1342 (a) The Legislature finds that military families face
1343 unique challenges due to the highly mobile nature of military
1344 service. Among the many challenges that military families face
1345 is providing a high-quality education for their children without
1346 disruption. The state has a compelling interest in assisting the
1347 development and enhancement of learning opportunities for
1348 military children and addressing their unique needs.
1349 (b) It is the intent of the Legislature that a framework be
1350 established to address the needs of military children who, along
1351 with their families, face unique challenges due to the highly
1352 mobile nature of military service. In establishing this
1353 framework, military installation commanders are encouraged to
1354 collaboratively work with the Commissioner of Education to
1355 increase military family student achievement, which may include
1356 the establishment of charter schools on military installations.
1357 Although the State Board of Education, through the Commissioner
1358 of Education, shall supervise this collaboration, the applicable
1359 school district shall operate and maintain control over any
1360 school that is established on the military installation.
1361 Section 36. Subsection (12) is added to section 1009.26,
1362 Florida Statutes, to read:
1363 1009.26 Fee waivers.—
1364 (12)(a) There is established the Congressman C. W. Bill
1365 Young Veteran Tuition Waiver Program. A state university,
1366 Florida College System institution, career center operated by a
1367 school district under s. 1001.44, or charter technical career
1368 center shall waive out-of-state fees for an honorably discharged
1369 veteran of the United States Armed Forces, the United States
1370 Reserve Forces, or the National Guard who physically resides in
1371 this state while enrolled in the institution. Tuition and fees
1372 charged to a veteran who qualifies for the out-of-state fee
1373 waiver under this subsection may not exceed the tuition and fees
1374 charged to a resident student. The waiver is applicable for 110
1375 percent of the required credit hours of the degree or
1376 certificate program for which the student is enrolled. Each
1377 state university, Florida College System institution, career
1378 center operated by a school district under s. 1001.44, and
1379 charter technical career center shall report to the Board of
1380 Governors and the State Board of Education, respectively, the
1381 number and value of all fee waivers granted annually under this
1382 subsection.
1383 (b) This subsection may be cited as the “Congressman C.W.
1384 Bill Young Tuition Waiver Act.”
1385 Section 37. For the 2014-2015 fiscal year, the sum of $12.5
1386 million in nonrecurring funds is appropriated from the General
1387 Revenue Fund to the Department of Military Affairs for the
1388 purpose of continuing renovations to state readiness centers to
1389 meet state and federal building codes.
1390 Section 38. For the 2014-2015 fiscal year, the sum of
1391 $7,489,975 in nonrecurring funds is appropriated from the
1392 General Revenue Fund to the Department of Environmental
1393 Protection to allow the Board of Trustees of the Internal
1394 Improvement Trust Fund to acquire, pursuant to s. 288.980,
1395 Florida Statutes, nonconservation land adjacent to the following
1396 installations for the purpose of securing and protecting the
1397 installations against encroachment:
1398 (1) MacDill Air Force Base.
1399 (2) Naval Support Activity Panama City.
1400 (3) Naval Station Mayport.
1401 Section 39.
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