Bill Text: FL S0922 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Military Support
Spectrum: Slight Partisan Bill (Republican 28-12-2)
Status: (Enrolled - Dead) 2012-03-08 - Ordered engrossed, then enrolled -SJ 1063 [S0922 Detail]
Download: Florida-2012-S0922-Comm_Sub.html
Bill Title: Military Support
Spectrum: Slight Partisan Bill (Republican 28-12-2)
Status: (Enrolled - Dead) 2012-03-08 - Ordered engrossed, then enrolled -SJ 1063 [S0922 Detail]
Download: Florida-2012-S0922-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 922 By the Committees on Criminal Justice; and Military Affairs, Space, and Domestic Security; and Senators Bennett, Detert, Jones, Gaetz, and Fasano 591-02004-12 2012922c2 1 A bill to be entitled 2 An act relating to current and former military 3 personnel; creating s. 220.1893, F.S.; providing a tax 4 credit program for eligible businesses that hire 5 certain national guard members; providing definitions; 6 providing credits against specified taxes for 7 certified businesses; providing guidelines for 8 becoming a certified business; requiring the 9 Department of Economic Opportunity to certify 10 qualified businesses; providing criteria for the 11 certification; limiting the total amount of tax 12 credits; providing for certain tax credits to be 13 carried forward; providing penalties for fraudulent 14 claims; authorizing the Department of Economic 15 Opportunity and the Department of Revenue to adopt 16 rules; providing for future expiration of the tax 17 credit program; amending s. 265.003, F.S.; creating 18 the Florida Veterans’ Hall of Fame Council; providing 19 for membership and terms of appointment; providing for 20 the appointment of a chair; providing for meetings, a 21 quorum, and voting; providing for reimbursement of 22 travel expenses; providing for the removal of an 23 appointee; providing for the Florida Veterans’ Hall of 24 Fame Council rather than the Department of Veterans’ 25 Affairs to select nominees for induction into the 26 Florida Veterans’ Hall of Fame and to establish the 27 criteria for selection; requiring that the Governor 28 and Cabinet annually select a specified number of 29 nominees for induction; amending s. 295.187, F.S.; 30 revising legislative intent; renaming and revising the 31 Florida Service-Disabled Veteran Business Enterprise 32 Opportunity Act to expand the vendor preference in 33 state contracting to include certain businesses owned 34 and operated by wartime veterans or veterans of a 35 period of war; amending s. 320.08056, F.S.; providing 36 the license plate annual use fee for an American 37 Legion license plate; amending s. 320.08058, F.S.; 38 creating the American Legion license plate; providing 39 for the distribution of use fees received from the 40 sale of the license plates; amending s. 320.089, F.S.; 41 providing for the issuance of a Combat Infantry Badge 42 license plate; providing qualifications and 43 requirements for the plate; providing for the use of 44 proceeds from the sale of the plate; providing for 45 issuance of a Vietnam War Veterans’ license plate and 46 the Korean Conflict Veterans’ license plate; providing 47 qualifications and requirements for the plates; 48 creating s. 320.0892, F.S.; providing for the 49 Department of Highway Safety and Motor Vehicles to 50 issue Silver Star, Distinguished Service Cross, Navy 51 Cross, and Air Force Cross license plates, without 52 payment of the license tax, to persons meeting 53 specified criteria; creating s. 683.146, F.S.; 54 designating August 7 of each year as “Purple Heart 55 Day”; providing a short title; creating a court 56 program for certain servicemembers and military 57 veterans who suffer from mental illness, traumatic 58 brain injury, substance use disorder, or psychological 59 problems as a result of their military service; 60 providing qualifications for entrance into the court 61 program; amending s. 948.08, F.S.; creating a pretrial 62 veterans’ and servicemembers’ treatment intervention 63 program; providing requirements for a defendant to be 64 voluntarily admitted to the pretrial program; 65 providing certain exceptions to such admission; 66 providing for the disposition of pending charges 67 following a defendant’s completion of the pretrial 68 intervention program; providing for the charges to be 69 expunged under certain circumstances; amending s. 70 948.16, F.S.; creating a misdemeanor pretrial 71 veterans’ treatment intervention program; providing 72 requirements for voluntary admission to the 73 misdemeanor pretrial program; providing for the 74 misdemeanor charges to be expunged under certain 75 circumstances; exempting treatment services provided 76 by the Department of Veterans’ Affairs or the United 77 States Department of Veterans Affairs from certain 78 contract requirements; creating s. 948.21, F.S.; 79 authorizing the court to impose a condition of 80 probation or community control for certain defendant 81 veterans or servicemembers which requires 82 participation in a treatment program capable of 83 treating a mental illness, a traumatic brain injury, a 84 substance use disorder, or a psychological problem; 85 amending s. 1003.05, F.S.; requiring that a school 86 board provide an option to school-aged dependents of 87 military personnel to choose certain schools if the 88 student is reassigned as a result of school rezoning; 89 creating s. 1004.075, F.S.; requiring certain Florida 90 College System institutions and state universities to 91 provide priority course registration for veterans; 92 providing eligibility requirements; creating s. 93 1005.09, F.S.; encouraging certain independent 94 postsecondary educational institutions to provide 95 priority course registration for veterans; amending s. 96 1009.21, F.S.; providing that veterans of the Armed 97 Services of the United States, including reserve 98 components thereof, who attend the physical location 99 of a public college, university, or institution of 100 higher learning within the state are residents for 101 tuition purposes; providing effective dates. 102 103 Be It Enacted by the Legislature of the State of Florida: 104 105 Section 1. Section 220.1893, Florida Statutes, is created 106 to read: 107 220.1893 National Guard Employment Tax Credit Program.— 108 (1) As used in this section, the term: 109 (a) “Department” means the Department of Economic 110 Opportunity. 111 (b) “Eligible business” means any business that is 112 operating and authorized to do business in this state. 113 (c) “Qualified employee” means a person: 114 1. Who is a current Florida National Guard member in good 115 standing, as verified by the Adjutant General of the Florida 116 National Guard, and has been unemployed for more than 6 months 117 or is returning from duty abroad; 118 2. Who was hired by an eligible business on or after July 119 1, 2012, and had not previously been employed by the eligible 120 business or its parent or an affiliated corporation; 121 3. Who performed duties connected to the operations of the 122 eligible business on a regular, full-time basis for an average 123 of at least 36 hours per week and for at least 3 months before 124 an eligible business is awarded a tax credit; and 125 4. Whose employment by the eligible business has not formed 126 the basis for any other claim to a credit pursuant to this 127 chapter. 128 (2) A certified business shall receive a $10,000 tax credit 129 for each qualified employee, subject to the limitation in 130 subsection (5). The credit may be taken against: 131 (a) Corporate income taxes under chapter 220. 132 (b) Insurance premium tax under s. 624.509. 133 (c) Taxes on sales, use, and other transactions under 134 chapter 212. 135 (d) Intangible personal property taxes under chapter 199. 136 (e) Excise taxes on documents under chapter 201. 137 (f) Ad valorem taxes paid, as defined in s. 220.03(1). 138 (g) State communications services taxes administered under 139 chapter 202. This paragraph does not apply to the gross receipts 140 tax imposed under chapter 203 and administered under chapter 202 141 or the local communications services tax authorized under s. 142 202.19. 143 (3)(a) To become a certified business, an officer of an 144 eligible business must file under oath with the Department of 145 Economic Opportunity an application that includes: 146 1. The name, address, and NAICS identifying code of the 147 eligible business. As used in this subsection, “NAICS” means 148 those classifications contained in the North American Industry 149 Classification System, as published in 2007 by the Office of 150 Management and Budget, Executive Office of the President. 151 2. Relevant employment information. 152 3. A sworn affidavit, signed by each employee for whom the 153 eligible business is seeking credits under this section, 154 attesting to his or her previous unemployment. 155 4. Verification that the wages paid by the eligible 156 business to each of its qualified employees exceeds the wage 157 eligibility levels for Medicaid and other public assistance 158 programs. 159 5. Any other information necessary to process the 160 application. 161 (b) The Department of Economic Opportunity shall process 162 applications to certify a business in the order in which the 163 applications are received, without regard as to whether the 164 applicant is a new or an existing business. The department shall 165 review and approve or deny an application within 10 days after 166 receiving a completed application. The department shall notify 167 the applicant in writing as to the department’s decision. 168 (c)1. The department shall submit a copy of the letter of 169 certification to the Department of Revenue within 10 days after 170 the department issues the letter of certification to the 171 applicant. 172 2. If the application of an eligible business is not 173 sufficient to certify the applicant business, the department 174 must deny the application and issue a notice of denial to the 175 applicant. 176 3. If the application of an eligible business does not 177 contain sufficient documentation of the number of qualified 178 employees, the department shall approve the application with 179 respect to the employees for whom the department determines are 180 qualified employees. The department must deny the application 181 with respect to persons for whom the department determines are 182 not qualified employees or for whom insufficient documentation 183 has been provided. A business may not submit a revised 184 application for certification or for the determination of a 185 person as a qualified employee more than 3 months after the 186 issuance of a notice of denial with respect to the business or a 187 particular person as a qualified employee. 188 (4) The applicant for a tax credit under this section has 189 the responsibility to affirmatively demonstrate to the 190 satisfaction of the department and the Department of Revenue 191 that the applicant and the persons claimed as qualified 192 employees meet the requirements of this section. 193 (5) The total amount of tax credits under this section 194 which may be approved by the department for all applicants is $5 195 million per fiscal year. 196 (6) A tax credit amount that is granted under this section 197 which is not fully used in the first year for which it becomes 198 available may be carried forward to the subsequent taxable year. 199 The carryover credit may be used in the subsequent year if the 200 tax imposed by this chapter for such year exceeds the credit for 201 such year under this section after applying the other credits 202 and unused credit carryovers in the order provided in s. 203 220.02(8). 204 (7) A person who fraudulently claims a credit under this 205 section is liable for repayment of the credit plus a mandatory 206 penalty of 100 percent of the credit. Such person also commits a 207 misdemeanor of the second degree, punishable as provided in s. 208 775.082 or s. 775.083. 209 (8) The department may adopt rules governing the manner and 210 form of applications for the tax credit. The department may 211 establish guidelines for making an affirmative showing of 212 qualification for the tax credit under this section. 213 (9) The Department of Revenue may adopt rules to administer 214 this section, including rules relating to the creation of forms 215 to claim a tax credit and examination and audit procedures 216 required to administer this section. 217 (10) This section expires July 1, 2014. However, a taxpayer 218 that is awarded a tax credit in the second year of the program 219 may carry forward any unused credit amount to the subsequent tax 220 reporting period. Rules adopted by the Department of Revenue to 221 administer this section shall remain valid as long as a taxpayer 222 may use a credit against its corporate income tax liability. 223 Section 2. Section 265.003, Florida Statutes, is amended to 224 read: 225 265.003 Florida Veterans’ Hall of Fame.— 226 (1) It is the intent of the Legislature to recognize and 227 honor those military veterans who, through their works and lives 228 during or after military service, have made a significant 229 contribution to the State of Florida. 230 (2) There is established the Florida Veterans’ Hall of 231 Fame. 232 (a) The Florida Veterans’ Hall of Fame is administered by 233 the Florida Department of Veterans’ Affairs without 234 appropriation of state funds. 235 (b) The Department of Management Services shall set aside 236 an area on the Plaza Level of the Capitol Building along the 237 northeast front wall and shall consult with the Department of 238 Veterans’ Affairs regarding the design and theme of the area. 239 (c) Each person who is inducted into the Florida Veterans’ 240 Hall of Fame shall have his or her name placed on a plaque 241 displayed in the designated area of the Capitol Building. 242 (3)(a) The Florida Veterans’ Hall of Fame Council is 243 created within the Department of Veterans’ Affairs as an 244 advisory council, as defined in s. 20.03(7), consisting of seven 245 members who shall all be honorably discharged veterans, and at 246 least four of whom must be members of a congressionally 247 chartered veterans service organization. The Governor, the 248 President of the Senate, the Speaker of the House of 249 Representatives, the Attorney General, the Chief Financial 250 Officer, the Commissioner of Agriculture, and the executive 251 director of the Department of Veterans’ Affairs shall each 252 appoint one member. For the purposes of ensuring staggered 253 terms, the council members appointed by the Governor, the 254 Attorney General, the Chief Financial Officer, and the 255 Commissioner of Agriculture shall be appointed to 4-year terms 256 beginning on January 1 of the year of appointment, and the 257 council members appointed by the President of the Senate, the 258 Speaker of the House of Representatives, and the executive 259 director of the Department of Veterans’ Affairs shall be 260 appointed to 2-year terms beginning on January 1 of the year of 261 appointment. After the initial appointments, all appointees 262 shall be appointed to 4-year terms. A member whose term expires 263 shall continue to serve on the council until such time as a 264 replacement is appointed. 265 (b) The members shall annually elect a chair from among 266 their number. The council shall meet at the call of its chair, 267 at the request of the executive director of the Department of 268 Veterans’ Affairs, or at such times as may be prescribed by the 269 council. A majority of the members of the council currently 270 appointed constitutes a quorum, and a meeting may not be held 271 unless a quorum is present. The affirmative vote of a majority 272 of the members of the council present is necessary for any 273 official action by the council. 274 (c) Members of the council may not receive compensation or 275 honorarium for their services, but members are entitled to 276 reimbursement for travel expenses incurred in the performance of 277 their duties as provided in s. 112.061. 278 (d) The original appointing authority may remove his or her 279 appointee from the council for misconduct or malfeasance in 280 office, neglect of duty, incompetence, or permanent inability to 281 perform official duties or if the member is adjudicated guilty 282 of a felony. 283 (4)(3)(a) The Florida Veterans’ Hall of Fame Council 284Department of Veterans’ Affairsshall annually accept 285 nominations of persons to be considered for induction into the 286 Florida Veterans’ Hall of Fame and shallthentransmit a list of 287 up to 20 nomineesits recommendationsto the Department of 288 Veterans’ Affairs for submission to the Governor and the Cabinet 289 who will select four persons from the list of the nominees to be 290 inducted. 291 (b) In selecting its nominees for submissionmaking its292recommendationsto the Governor and the Cabinet, the Florida 293 Veterans’ Hall of Fame CouncilDepartment of Veterans’ Affairs294 shall give preference to veterans who were born in Florida or 295 adopted Florida as their home state or base of operation and who 296 have made a significant contribution to the state in civic, 297 business, public service, or other pursuits. 298 (5)(4)The Florida Veterans’ Hall of Fame Council 299Department of Veterans’ Affairsmay establish criteria and set 300 specific time periods for acceptance of nominations and for the 301 process of selection of nominees for membership and establish a 302 formal induction ceremony to coincide with the annual 303 commemoration of Veterans’ Day. 304 Section 3. Section 295.187, Florida Statutes, is amended to 305 read: 306 295.187 FloridaService-DisabledVeteran Business 307 Enterprise Opportunity Act.— 308 (1) SHORT TITLE.—This section may be cited as the “Florida 309Service-DisabledVeteran Business Enterprise Opportunity Act.” 310 (2) INTENT.—It is the intent of the Legislature to rectify 311 the economic disadvantage of service-disabled veterans, who are 312 statistically the least likely to be self-employed when compared 313 to the veteran population as a whole and who have made 314 extraordinary sacrifices on behalf of the nation, the state, and 315 the public, by providing opportunities for service-disabled 316 veteran business enterprises as set forth in this section. The 317 Legislature also intends to recognize wartime veterans and 318 veterans of a period of war for their sacrifices as set forth in 319 this section. 320 (3) DEFINITIONS.—For the purpose of this section, the term: 321 (a) “Certifiedservice-disabledveteran business 322 enterprise” means a business that has been certified by the 323 Department of Management Services to be aservice-disabled324 veteran business enterprise as defined in paragraph (c). 325 (b) “Service-disabled veteran” means a veteran who is a 326 permanent Florida resident with a service-connected disability 327 as determined by the United States Department of Veterans 328 Affairs or who has been terminated from military service by 329 reason of disability by the United States Department of Defense. 330 (c) “Service-disabledVeteran business enterprise” means an 331 independently owned and operated business that: 332 1. Employs 200 or fewer permanent full-time employees; 333 2. Together with its affiliates has a net worth of $5 334 million or less or, if a sole proprietorship, has a net worth of 335 $5 million or less including both personal and business 336 investments; 337 3. Is organized to engage in commercial transactions; 338 4. Is domiciled in this state; 339 5. Is at least 51 percent owned by one or more wartime 340 veterans or service-disabled veterans; and 341 6. The management and daily business operations of which 342 are controlled by one or more wartime veterans or service 343 disabled veterans or, for a service-disabled veteran havingwith344 a permanent and total disability, by the spouse or permanent 345 caregiver of the veteran. 346 (d) “Wartime veteran” means: 347 1. A veteran as defined in s. 1.01(14); or 348 2. A veteran of a period of war, as used in 38 U.S.C. s. 349 1521, who served in the active military, naval, or air service: 350 a. For 90 days or more during a period of war; 351 b. During a period of war and was discharged or released 352 from such service for a service-connected disability; 353 c. For a period of 90 consecutive days or more and such 354 period began or ended during a period of war; or 355 d. For an aggregate of 90 days or more in two or more 356 separate periods of service during more than one period of war. 357 (4) VENDOR PREFERENCE.— 358 (a) A state agency, when considering two or more bids, 359 proposals, or replies for the procurement of commodities or 360 contractual services, at least one of which is from a certified 361service-disabledveteran business enterprise, whichthatare 362 equal with respect to all relevant considerations, including 363 price, quality, and service, shall award such procurement or 364 contract to the certifiedservice-disabledveteran business 365 enterprise. 366 (b) Notwithstanding s. 287.057(11), if aservice-disabled367 veteran business enterprise entitled to the vendor preference 368 under this section and one or more businesses entitled to this 369 preference or another vendor preference provided by law submit 370 bids, proposals, or replies for procurement of commodities or 371 contractual services whichthatare equal with respect to all 372 relevant considerations, including price, quality, and service, 373thenthe state agency shall award the procurement or contract to 374 the business having the smallest net worth. 375 (c) Political subdivisions of the state are encouraged to 376 offer a similar consideration to businesses certified under this 377 section. 378 (5) CERTIFICATION PROCEDURE.— 379 (a) The application for certification as aservice-disabled380 veteran business enterprise must, at a minimum, include: 381 1. The name of the business enterprise applying for 382 certification and the name of theservice-disabledveteran 383 submitting the application on behalf of the business enterprise. 384 2. The names of all owners of the business enterprise, 385 including owners who are wartime veterans, service-disabled 386 veterans, and owners who are not a wartime veteran or a service 387 disabled veteranveterans, and the percentage of ownership 388 interest held by each owner. 389 3. The names of all persons involved in both the management 390 and daily operations of the business, including the spouse or 391 permanent caregiver of a veteran who haswitha permanent and 392 total disability. 393 4. The service-connected disability rating of all persons 394 listed under subparagraphs 1., 2., and 3., as applicable, with 395 supporting documentation from the United States Department of 396 Veterans Affairs or the United States Department of Defense. 397 5. Documentation of the wartime service of all persons 398 listed under subparagraphs 1., 2., and 3., as applicable, from 399 the United States Department of Veterans Affairs or the United 400 States Department of Defense. 401 6.5.The number of permanent full-time employees. 402 7.6.The location of the business headquarters. 403 8.7.The total net worth of the business enterprise and its 404 affiliates. In the case of a sole proprietorship, the net worth 405 includes personal and business investments. 406 (b) To maintain certification, aservice-disabledveteran 407 business enterprise shall renew its certification biennially. 408 (c)The provisions ofChapter 120, relating to application, 409 denial, and revocation procedures, appliesshall applyto 410 certifications under this section. 411 (d) A certifiedservice-disabledveteran business 412 enterprise must notify the Department of Management Services 413 within 30 business days after any event that may significantly 414 affect the certification of the business, including, but not 415 limited to, a change in ownership or change in management and 416 daily business operations. 417 (e) The certification of aservice-disabledveteran 418 business enterprise shall be revoked for 12 months if the 419 Department of Management Services determines that the business 420 enterprise violated paragraph (d). An owner of a certified 421service-disabledveteran business enterprise whose certification 422 is revoked mayisnotpermitted toreapply for certification 423 under this section as an owner of any business enterprise during 424 the 12-month revocation period. 425 1. During the 12-month revocation period, aservice426disabledveteran business enterprise whose certification has 427 been revoked may bid on state contracts but is not eligible for 428 any preference available under this section. 429 2. Aservice-disabledveteran business enterprise whose 430 certification has been revoked may apply for certification at 431 the conclusion of the 12-month revocation period by complying 432 with requirements applicable to initial certifications. 433 (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The 434 department shall: 435 (a) Assist the Department of Management Services in 436 establishing a certification procedure, which shall be reviewed 437 biennially and updated as necessary. 438 (b) Identify eligibleservice-disabledveteran business 439 enterprises by any electronic means, including electronic mail 440 or Internet website, or by any other reasonable means. 441 (c) Encourage and assist eligibleservice-disabledveteran 442 business enterprises to apply for certification under this 443 section. 444 (d) Provide information regarding services that are 445 available from the Office of Veterans’ Business Outreach of the 446 Florida Small Business Development Center toservice-disabled447 veteran business enterprises. 448 (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The 449 department shall: 450 (a) With assistance from the Department of Veterans’ 451 Affairs, establish a certification procedure, which shall be 452 reviewed biennially and updated as necessary. 453 (b) Grant, deny, or revoke the certification of aservice454disabledveteran business enterprise under this section. 455 (c) Maintain an electronic directory of certifiedservice456disabledveteran business enterprises for use by the state, 457 political subdivisions of the state, and the public. 458 (8) REPORT.—The Small Business Development Center shall 459 include in its report required by s. 288.705 the percentage of 460 certifiedservice-disabledveteran business enterprises using 461 the statewide contracts register. 462 (9) RULES.—The Department of Veterans’ Affairs and the 463 Department of Management Services, as appropriate, may adopt 464 rules as necessary to administer this section. 465 Section 4. Paragraph (aaaa) is added to subsection (4) of 466 section 320.08056, Florida Statutes, to read: 467 320.08056 Specialty license plates.— 468 (4) The following license plate annual use fees shall be 469 collected for the appropriate specialty license plates: 470 (aaaa) American Legion license plate, $25. 471 Section 5. Subsection (79) is added to section 320.08058, 472 Florida Statutes, to read: 473 320.08058 Specialty license plates.— 474 (79) AMERICAN LEGION LICENSE PLATES.— 475 (a) Upon American Legion, Department of Florida, meeting 476 the requirements of s. 320.08053, the department shall develop a 477 American Legion license plate as provided in this section. The 478 plate must bear the colors and design approved by the department 479 and must incorporate the American Legion emblem as adopted by 480 the American Legion on June 9, 1919, and patented on December 9 481 of that same year. The word “Florida” must appear at the top of 482 the plate, and the words “American Legion” must appear at the 483 bottom of the plate. 484 (b) The annual use fees shall be distributed to the 485 American Legion, Department of Florida which shall retain the 486 initial revenues from the sale of the plates until all startup 487 costs incurred in the development and approval of the plates 488 have been reimbursed. Thereafter, the proceeds shall be 489 distributed as follows: 490 1. Sixty percent of the proceeds shall be distributed to 491 the American Legion, Department of Florida: 492 a. To support Boys State in Florida, the Veteran Affairs 493 and Rehabilitation program, and the Gilchrist Endowment Fund; 494 and 495 b. For administration and marketing of the license plate, 496 not to exceed 10 percent of the amount of the proceeds 497 distributed to the American Legion, Department of Florida. 498 2. Twenty percent of the proceeds shall be distributed to 499 the direct-support organization created under s. 292.055 under 500 the Department of Veterans’ Affairs. 501 3. Twenty percent of the proceeds shall be distributed to 502 the direct-support organization created under s. 250.115 under 503 the Department of Military Affairs. 504 Section 6. Effective October 1, 2012, section 320.089, 505 Florida Statutes, is amended to read: 506 320.089 Members of National Guard and active United States 507 Armed Forces reservists; former prisoners of war; survivors of 508 Pearl Harbor; Purple Heart medal recipients; Operation Iraqi 509 Freedom and Operation Enduring Freedom Veterans; Combat Infantry 510 Badge recipients; Vietnam War Veterans; Korean Conflict 511 Veterans; special license plates; fee.— 512 (1)(a) Each owner or lessee of an automobile or truck for 513 private use or recreational vehicle as specified in s. 514 320.08(9)(c) or (d), which is not used for hire or commercial 515 use, who is a resident of the state and an active or retired 516 member of the Florida National Guard, a survivor of the attack 517 on Pearl Harbor, a recipient of the Purple Heart medal,oran 518 active or retired member of any branch of the United States 519 Armed Forces Reserve, or a recipient of the Combat Infantry 520 Badge shall, upon application to the department, accompanied by 521 proof of active membership or retired status in the Florida 522 National Guard, proof of membership in the Pearl Harbor 523 Survivors Association or proof of active military duty in Pearl 524 Harbor on December 7, 1941, proof of being a Purple Heart medal 525 recipient,orproof of active or retired membership in any 526 branch of the Armed Forces Reserve, or proof of membership in 527 the Combat Infantrymen’s Association, Inc., or other proof of 528 being a recipient of the Combat Infantry Badge, and upon payment 529 of the license tax for the vehicle as provided in s. 320.08, be 530 issued a license plate as provided by s. 320.06, upon which, in 531 lieu of the serial numbers prescribed by s. 320.06, shall be 532 stamped the words “National Guard,” “Pearl Harbor Survivor,” 533 “Combat-wounded veteran,”or“U.S. Reserve,” or “Combat Infantry 534 Badge,” as appropriate, followed by the serial number of the 535 license plate. Additionally, the Purple Heart plate may have the 536 words “Purple Heart” stamped on the plate and the likeness of 537 the Purple Heart medal appearing on the plate. 538 (b) Notwithstanding any other provision of law to the 539 contrary, beginning with fiscal year 2002-2003 and annually 540 thereafter, the first $100,000 in general revenue generated from 541 the sale of license plates issued under this section shall be 542 deposited into the Grants and Donations Trust Fund, as described 543 in s. 296.38(2), to be used for the purposes established by law 544 for that trust fund. Any additional general revenue generated 545 from the sale of such plates shall be deposited into the State 546 Homes for Veterans Trust Fund and used solely to construct, 547 operate, and maintain domiciliary and nursing homes for 548 veterans, subject to the requirements of chapter 216. 549 (c) Notwithstanding any provisions of law to the contrary, 550 an applicant for a Pearl Harbor Survivor license plate or a 551 Purple Heart license plate who also qualifies for a disabled 552 veteran’s license plate under s. 320.084 shall be issued the 553 appropriate special license plate without payment of the license 554 tax imposed by s. 320.08. 555 (2) Each owner or lessee of an automobile or truck for 556 private use, truck weighing not more than 7,999 pounds, or 557 recreational vehicle as specified in s. 320.08(9)(c) or (d), 558 which is not used for hire or commercial use, who is a resident 559 of the state and who is a former prisoner of war, or their 560 unremarried surviving spouse, shall, upon application therefor 561 to the department, be issued a license plate as provided in s. 562 320.06, on which license plate are stamped the words “Ex-POW” 563 followed by the serial number. Each application shall be 564 accompanied by proof that the applicant meets the qualifications 565 specified in paragraph (a) or paragraph (b). 566 (a) A citizen of the United States who served as a member 567 of the Armed Forces of the United States or the armed forces of 568 a nation allied with the United States who was held as a 569 prisoner of war at such time as the Armed Forces of the United 570 States were engaged in combat, or their unremarried surviving 571 spouse, may be issued the special license plate provided for in 572 this subsection without payment of the license tax imposed by s. 573 320.08. 574 (b) A person who was serving as a civilian with the consent 575 of the United States Government, or a person who was a member of 576 the Armed Forces of the United States who was not a United 577 States citizen and was held as a prisoner of war when the Armed 578 Forces of the United States were engaged in combat, or their 579 unremarried surviving spouse, may be issued the special license 580 plate provided for in this subsection upon payment of the 581 license tax imposed by s. 320.08. 582 (3) Each owner or lessee of an automobile or truck for 583 private use, truck weighing not more than 7,999 pounds, or 584 recreational vehicle as specified in s. 320.08(9)(c) or (d), 585 which is not used for hire or commercial use, who is a resident 586 of this state and who is the unremarried surviving spouse of a 587 recipient of the Purple Heart medal shall, upon application 588 therefor to the department, with the payment of the required 589 fees, be issued a license plate as provided in s. 320.06, on 590 which license plate are stamped the words “Purple Heart” and the 591 likeness of the Purple Heart medal followed by the serial 592 number. Each application shall be accompanied by proof that the 593 applicant is the unremarried surviving spouse of a recipient of 594 the Purple Heart medal. 595 (4) The owner or lessee of an automobile or truck for 596 private use, a truck weighing not more than 7,999 pounds, or a 597 recreational vehicle as specified in s. 320.08(9)(c) or (d) 598 which automobile, truck, or recreational vehicle is not used for 599 hire or commercial use who is a resident of the state and a 600 current or former member of the United States military who was 601 deployed and served in Iraq during Operation Iraqi Freedom or in 602 Afghanistan during Operation Enduring Freedom shall, upon 603 application to the department, accompanied by proof of active 604 membership or former active duty status during one of these 605 operations, and upon payment of the license tax for the vehicle 606 as provided in s. 320.08, be issued a license plate as provided 607 by s. 320.06 upon which, in lieu of the registration license 608 number prescribed by s. 320.06, shall be stamped the words 609 “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as 610 appropriate, followed by the registration license number of the 611 plate. 612 (5) The owner or lessee of an automobile or truck for 613 private use, a truck weighing not more than 7,999 pounds, or a 614 recreational vehicle as specified in s. 320.08(9)(c) or (d) 615 which automobile, truck, or recreational vehicle is not used for 616 hire or commercial use, who is a resident of the state and a 617 current or former member of the United States military, and who 618 was deployed and served in Vietnam during United States military 619 deployment in Indochina shall, upon application to the 620 department, accompanied by proof of active membership or former 621 active duty status during these operations, and upon payment of 622 the license tax for the vehicle as provided in s. 320.08, be 623 issued a license plate as provided by s. 320.06 upon which, in 624 lieu of the registration license number prescribed by s. 320.06, 625 shall be stamped the words “Vietnam War Veteran,” followed by 626 the registration license number of the plate. 627 (6) The owner or lessee of an automobile or truck for 628 private use, a truck weighing not more than 7,999 pounds, or a 629 recreational vehicle as specified in s. 320.08(9)(c) or (d) 630 which automobile, truck, or recreational vehicle is not used for 631 hire or commercial use, who is a resident of the state and a 632 current or former member of the United States military, and who 633 was deployed and served in Korea during United States military 634 deployment in Korea shall, upon application to the department, 635 accompanied by proof of active membership or former active duty 636 status during these operations, and upon payment of the license 637 tax for the vehicle as provided in s. 320.08, be issued a 638 license plate as provided by s. 320.06 upon which, in lieu of 639 the registration license number prescribed by s. 320.06, shall 640 be stamped the words “Korean Conflict Veteran,” followed by the 641 registration license number of the plate. 642 Section 7. Section 320.0892, Florida Statutes is created to 643 read: 644 320.0892 Motor vehicle license plates for recipients of the 645 Silver Star, Distinguished Service Cross, Navy Cross, or Air 646 Force Cross.—Upon receipt of an application and proof that the 647 applicant meets the qualifications listed in this section for 648 the applicable license plate, the department shall issue the 649 license plate without payment of the license tax imposed under 650 s. 320.08: 651 (1) SILVER STAR.—Any United States citizen who is a 652 resident of this state and who was awarded the Silver Star while 653 serving as a member of the United States Armed Forces shall be 654 issued a license plate on which is stamped the words “Silver 655 Star” followed by the serial number. 656 (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen 657 who is a resident of this state and who was awarded the 658 Distinguished Service Cross while serving as a member of the 659 United States Armed Forces shall be issued a license plate on 660 which is stamped the words “Distinguished Service Cross” 661 followed by the serial number. 662 (3) NAVY CROSS.—Any United States citizen who is a resident 663 of this state and who was awarded the Navy Cross while serving 664 as a member of the United States Armed Forces shall be issued a 665 license plate on which is stamped the words “Navy Cross” 666 followed by the serial number. 667 (4) AIR FORCE CROSS.—Any United States citizen who is a 668 resident of this state and who was awarded the Air Force Cross 669 while serving as a member of the United States Armed Forces 670 shall be issued a license plate on which is stamped the words 671 “Air Force Cross” followed by the serial number. 672 Section 8. Section 683.146, Florida Statutes, is created to 673 read: 674 683.146 Purple Heart Day.— 675 (1) August 7 of each year is designated as “Purple Heart 676 Day.” 677 (2) The Governor may annually issue a proclamation 678 designating August 7 as “Purple Heart Day.” Public officials, 679 schools, private organizations, and all residents of the state 680 are encouraged to commemorate Purple Heart Day and honor those 681 wounded or killed while serving in any branch of the United 682 States Armed Services. 683 Section 9. Sections 10 through 13 of this act may be cited 684 as the “T. Patt Maney Veterans’ Treatment Intervention Act.” 685 Section 10. Military veterans and servicemembers court 686 program.—The chief judge of each judicial circuit may establish 687 a military veterans and servicemembers court program under which 688 veterans, as defined in s. 1.01, Florida Statutes, and 689 servicemembers, as defined in s. 250.01, Florida Statutes, who 690 are convicted of or charged with a criminal offense and who 691 suffer from a mental illness, traumatic brain injury, substance 692 use disorder, or psychological problem as a result of their 693 military service are eligible to participate. Upon a conviction, 694 an eligible military veteran or servicemember may be sentenced 695 in such a manner as to appropriately address the severity of the 696 mental illness, traumatic brain injury, substance use disorder, 697 or psychological problem through services tailored to the 698 individual needs of the participant. Entry into any military 699 veterans and servicemembers court program must be based upon the 700 sentencing court’s assessment of the defendant’s criminal 701 history, military service, need for substance use treatment, 702 need for mental health treatment, amenability to the services of 703 the program, the advisory recommendation of the state attorney 704 and the victim, if any, and the defendant’s agreement to enter 705 the program. 706 Section 11. Present subsection (7) of section 948.08, 707 Florida Statutes, is renumbered as subsection (8), and a new 708 subsection (7) is added to that section, to read: 709 948.08 Pretrial intervention program.— 710 (7)(a) Notwithstanding any provision of this section, a 711 person who is charged with a felony, other than a felony listed 712 in s. 948.06(8)(c), and identified as a servicemember, as 713 defined in s. 250.01, or veteran, as defined in s. 1.01, who 714 suffers from a military service-related mental illness, 715 traumatic brain injury, substance use disorder, or psychological 716 problem, is eligible for voluntary admission into a pretrial 717 veterans’ treatment intervention program approved by the chief 718 judge of the circuit, upon motion of either party or the court’s 719 own motion, except: 720 1. If a defendant was previously offered admission to a 721 pretrial veterans’ treatment intervention program at any time 722 before trial and the defendant rejected that offer on the 723 record, the court may deny the defendant’s admission to such a 724 program. 725 2. If a defendant previously entered a court-ordered 726 veterans’ treatment program, the court may deny the defendant’s 727 admission into the pretrial veterans’ treatment program. 728 (b) While enrolled in a pretrial intervention program 729 authorized by this subsection, the participant shall be subject 730 to a coordinated strategy developed by a veterans’ treatment 731 intervention team. The coordinated strategy should be modeled 732 after the therapeutic jurisprudence principles and key 733 components in s. 397.334(4), with treatment specific to the 734 needs of servicemembers and veterans. The coordinated strategy 735 may include a protocol of sanctions that may be imposed upon the 736 participant for noncompliance with program rules. The protocol 737 of sanctions may include, but need not be limited to, placement 738 in a treatment program offered by a licensed service provider or 739 in a jail-based treatment program or serving a period of 740 incarceration within the time limits established for contempt of 741 court. The coordinated strategy must be provided in writing to 742 the participant before the participant agrees to enter into a 743 pretrial veterans’ treatment intervention program or other 744 pretrial intervention program. Any person whose charges are 745 dismissed after successful completion of the pretrial veterans’ 746 treatment intervention program, if otherwise eligible, may have 747 his or her arrest record to the dismissed charges expunged under 748 s. 943.0585. 749 (c) At the end of the pretrial intervention period, the 750 court shall consider the recommendation of the treatment program 751 and the recommendation of the state attorney as to disposition 752 of the pending charges. The court shall determine, by written 753 finding, whether the defendant has successfully completed the 754 pretrial intervention program. If the court finds that the 755 defendant has not successfully completed the pretrial 756 intervention program, the court may order the person to continue 757 in education and treatment, which may include treatment programs 758 offered by licensed service providers or jail-based treatment 759 programs, or order that the charges revert to normal channels 760 for prosecution. The court shall dismiss the charges upon a 761 finding that the defendant has successfully completed the 762 pretrial intervention program. 763 Section 12. Section 948.16, Florida Statutes, is amended to 764 read: 765 948.16 Misdemeanor pretrial substance abuse education and 766 treatment intervention program; misdemeanor pretrial veterans’ 767 treatment intervention program.— 768 (1)(a) A person who is charged with a misdemeanor for 769 possession of a controlled substance or drug paraphernalia under 770 chapter 893, and who has not previously been convicted of a 771 felony nor been admitted to a pretrial program, is eligible for 772 voluntary admission into a misdemeanor pretrial substance abuse 773 education and treatment intervention program, including a 774 treatment-based drug court program established pursuant to s. 775 397.334, approved by the chief judge of the circuit, for a 776 period based on the program requirements and the treatment plan 777 for the offender, upon motion of either party or the court’s own 778 motion, except, if the state attorney believes the facts and 779 circumstances of the case suggest the defendant is involved in 780 dealing and selling controlled substances, the court shall hold 781 a preadmission hearing. If the state attorney establishes, by a 782 preponderance of the evidence at such hearing, that the 783 defendant was involved in dealing or selling controlled 784 substances, the court shall deny the defendant’s admission into 785 the pretrial intervention program. 786 (b) While enrolled in a pretrial intervention program 787 authorized by this section, the participant is subject to a 788 coordinated strategy developed by a drug court team under s. 789 397.334(4). The coordinated strategy may include a protocol of 790 sanctions that may be imposed upon the participant for 791 noncompliance with program rules. The protocol of sanctions may 792 include, but is not limited to, placement in a substance abuse 793 treatment program offered by a licensed service provider as 794 defined in s. 397.311 or in a jail-based treatment program or 795 serving a period of incarceration within the time limits 796 established for contempt of court. The coordinated strategy must 797 be provided in writing to the participant before the participant 798 agrees to enter into a pretrial treatment-based drug court 799 program or other pretrial intervention program. Any person whose 800 charges are dismissed after successful completion of the 801 treatment-based drug court program, if otherwise eligible, may 802 have his or her arrest record and plea of nolo contendere to the 803 dismissed charges expunged under s. 943.0585. 804 (2)(a) A servicemember, as defined in s. 250.01, or 805 veteran, as defined in s. 1.01, who suffers from a military 806 service-related mental illness, traumatic brain injury, 807 substance use disorder, or psychological problem, and who is 808 charged with a misdemeanor is eligible for voluntary admission 809 into a misdemeanor pretrial veterans’ treatment intervention 810 program approved by the chief judge of the circuit, for a period 811 based on the program’s requirements and the treatment plan for 812 the offender, upon motion of either party or the court’s own 813 motion. However, the court may deny the defendant admission into 814 a misdemeanor pretrial veterans’ treatment intervention program 815 if the defendant has previously entered a court-ordered 816 veterans’ treatment program. 817 (b) While enrolled in a pretrial intervention program 818 authorized by this section, the participant shall be subject to 819 a coordinated strategy developed by a veterans’ treatment 820 intervention team. The coordinated strategy should be modeled 821 after the therapeutic jurisprudence principles and key 822 components in s. 397.334(4), with treatment specific to the 823 needs of servicemembers and veterans. The coordinated strategy 824 may include a protocol of sanctions that may be imposed upon the 825 participant for noncompliance with program rules. The protocol 826 of sanctions may include, but need not be limited to, placement 827 in a treatment program offered by a licensed service provider or 828 in a jail-based treatment program or serving a period of 829 incarceration within the time limits established for contempt of 830 court. The coordinated strategy must be provided in writing to 831 the participant before the participant agrees to enter into a 832 misdemeanor pretrial veterans’ treatment intervention program or 833 other pretrial intervention program. Any person whose charges 834 are dismissed after successful completion of the misdemeanor 835 pretrial veterans’ treatment intervention program, if otherwise 836 eligible, may have his or her arrest record to the dismissed 837 charges expunged under s. 943.0585. 838 (3)(2)At the end of the pretrial intervention period, the 839 court shall consider the recommendation of the treatment program 840 and the recommendation of the state attorney as to disposition 841 of the pending charges. The court shall determine, by written 842 finding, whether the defendant successfully completed the 843 pretrial intervention program. Notwithstanding the coordinated 844 strategy developed by a drug court team pursuant to s. 845 397.334(4) or by the veterans’ treatment intervention team, if 846 the court finds that the defendant has not successfully 847 completed the pretrial intervention program, the court may order 848 the person to continue in education and treatment or return the 849 charges to the criminal docket for prosecution. The court shall 850 dismiss the charges upon finding that the defendant has 851 successfully completed the pretrial intervention program. 852 (4)(3)Any public or private entity providing a pretrial 853 substance abuse education and treatment program under this 854 section shall contract with the county or appropriate 855 governmental entity. The terms of the contract shall include, 856 but not be limited to, the requirements established for private 857 entities under s. 948.15(3). This requirement does not apply to 858 services provided by the Department of Veterans’ Affairs or the 859 United States Department of Veterans Affairs. 860 Section 13. Section 948.21, Florida Statutes, is created to 861 read: 862 948.21 Condition of probation or community control; 863 military servicemembers and veterans.—Effective for a 864 probationer or community controllee whose crime was committed on 865 or after July 1, 2012, and who is a servicemember, as defined in 866 s. 250.01, or veteran, as defined in s. 1.01, who suffers from a 867 military service-related mental illness, traumatic brain injury, 868 substance use disorder, or psychological problem, the court may, 869 in addition to any other conditions imposed, impose a condition 870 requiring the probationer or community controllee to participate 871 in a treatment program capable of treating the probationer or 872 community controllee’s mental illness, traumatic brain injury, 873 substance use disorder, or psychological problem. The court 874 shall give preference to treatment programs for which the 875 probationer or community controllee is eligible through the 876 Department of Veterans’ Affairs or the United States Department 877 of Veterans’ Affairs. 878 Section 14. Subsection (1) of section 1003.05, Florida 879 Statutes, is amended to read: 880 1003.05 Assistance to transitioning students from military 881 families.— 882 (1) The Legislature finds that school-aged dependents of 883 military personnel, otherwise known as military students, are 884 faced with numerous transitions during their formative years and 885 that moves during the high school years provide special 886 challenges to learning and future achievement. 887 (a) Recognizing the challenges faced by military students 888 and the importance of military families to our community and 889 economy, the Department of Education shall assist the transition 890 of these students by improving the timely transfer of records, 891 developing systems to ease student transition during the first 2 892 weeks of enrollment, promoting practices which foster access to 893 extracurricular programs, establishing procedures to lessen the 894 adverse impact of moves from the end of the junior year as well 895 as before and during the senior year, encouraging or continuing 896 partnerships between the military base and the school system, 897 providing services for transitioning students when applying to 898 and finding funding for postsecondary study, and providing other 899 assistance as identified by department, school, and military 900 personnel. 901 (b) If a local school board adjusts school zones within its 902 boundaries, military students shall be given the option of 903 remaining at the school they are currently attending or may 904 attend the school assigned as a result of the rezoning. 905 Section 15. Section 1004.075, Florida Statutes, is created 906 to read: 907 1004.075 Priority course registration for veterans.—Each 908 Florida College System institution and state university that 909 offers priority course registration for a segment of the student 910 population, or upon implementation of priority course 911 registration for a segment of the student population, shall 912 provide priority course registration for each veteran of the 913 United States Armed Forces. Priority registration shall be given 914 to the spouse or a dependent child of the veteran to whom GI 915 Bill educational benefits have been transferred. Each eligible 916 veteran shall be granted priority for course registration for 917 the duration of his or her attendance at a Florida College 918 System institution and state university if priority registration 919 is offered. A spouse or dependent child shall also be granted 920 priority for registration until the expiration of the GI Bill 921 educational benefits. 922 Section 16. Section 1005.09, Florida Statutes, is created 923 to read: 924 1005.09 Priority course registration for veterans.—Each 925 independent postsecondary educational institution that is under 926 the jurisdiction of the commission or is exempt from the 927 jurisdiction of the commission and that offers priority course 928 registration for a segment of the student population, or upon 929 implementation of priority course registration for a segment of 930 the student population, is encouraged to provide priority course 931 registration for each veteran of the United States Armed Forces, 932 or his or her spouse or dependent children, who is receiving GI 933 Bill educational benefits, in accordance with s. 1004.075. 934 Section 17. Present paragraphs (c) through (k) of 935 subsection (10) of section 1009.21, Florida Statutes, are 936 redesignated as paragraphs (d) through (l), respectively, and a 937 new paragraph (c) is added to that subsection, to read: 938 1009.21 Determination of resident status for tuition 939 purposes.—Students shall be classified as residents or 940 nonresidents for the purpose of assessing tuition in 941 postsecondary educational programs offered by charter technical 942 career centers or career centers operated by school districts, 943 in Florida College System institutions, and in state 944 universities. 945 (10) The following persons shall be classified as residents 946 for tuition purposes: 947 (c) Veterans of the Armed Services of the United States, 948 including reserve components thereof, who attend the physical 949 location of a public college, university, or institution of 950 higher learning within the state. 951 Section 18. Except as otherwise expressly provided in this 952 act, this act shall take effect July 1, 2012.