Bill Text: FL S0922 | 2012 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for SB 922 First Engrossed 2012922e1 1 A bill to be entitled 2 An act relating to current and former military personnel; 3 amending s. 265.003, F.S.; creating the Florida Veterans’ Hall 4 of Fame Council; providing for membership and terms of 5 appointment; providing for the appointment of a chair; providing 6 for meetings, a quorum, and voting; providing for reimbursement 7 of travel expenses; providing for the removal of an appointee; 8 providing for the Florida Veterans’ Hall of Fame Council rather 9 than the Department of Veterans’ Affairs to select nominees for 10 induction into the Florida Veterans’ Hall of Fame and to 11 establish the criteria for selection; amending s. 295.187, F.S.; 12 revising legislative intent; renaming and revising the Florida 13 Service-Disabled Veteran Business Enterprise Opportunity Act to 14 expand the vendor preference in state contracting to include 15 certain businesses owned and operated by wartime veterans or 16 veterans of a period of war; amending s. 320.08056, F.S.; 17 providing the license plate annual use fee for an American 18 Legion license plate; amending s. 320.08058, F.S.; creating the 19 American Legion license plate; providing for the distribution of 20 use fees received from the sale of the license plates; amending 21 s. 320.089, F.S.; providing for the issuance of a Combat 22 Infantry Badge license plate; providing qualifications and 23 requirements for the plate; providing for the use of proceeds 24 from the sale of the plate; providing for issuance of a Vietnam 25 War Veterans’ license plate and the Korean Conflict Veterans’ 26 license plate; providing qualifications and requirements for the 27 plates; creating s. 320.0892, F.S.; providing for the Department 28 of Highway Safety and Motor Vehicles to issue Silver Star, 29 Distinguished Service Cross, Navy Cross, and Air Force Cross 30 license plates, without payment of the license tax, to persons 31 meeting specified criteria; creating s. 683.146, F.S.; 32 designating August 7 of each year as “Purple Heart Day”; 33 providing a short title; creating a court program for certain 34 servicemembers and military veterans who suffer from mental 35 illness, traumatic brain injury, substance use disorder, or 36 psychological problems as a result of their military service; 37 providing qualifications for entrance into the court program; 38 amending s. 948.08, F.S.; creating a pretrial veterans’ and 39 servicemembers’ treatment intervention program; providing 40 requirements for a defendant to be voluntarily admitted to the 41 pretrial program; providing certain exceptions to such 42 admission; providing for the disposition of pending charges 43 following a defendant’s completion of the pretrial intervention 44 program; providing for the charges to be expunged under certain 45 circumstances; amending s. 948.16, F.S.; creating a misdemeanor 46 pretrial veterans’ treatment intervention program; providing 47 requirements for voluntary admission to the misdemeanor pretrial 48 program; providing for the misdemeanor charges to be expunged 49 under certain circumstances; exempting treatment services 50 provided by the Department of Veterans’ Affairs or the United 51 States Department of Veterans Affairs from certain contract 52 requirements; creating s. 948.21, F.S.; authorizing the court to 53 impose a condition of probation or community control for certain 54 defendant veterans or servicemembers which requires 55 participation in a treatment program capable of treating a 56 mental illness, a traumatic brain injury, a substance use 57 disorder, or a psychological problem; amending s. 1003.05, F.S.; 58 requiring that a school board provide an option to school-aged 59 dependents of military personnel to choose certain schools if 60 the student is reassigned as a result of school rezoning; 61 creating s. 1004.075, F.S.; requiring certain Florida College 62 System institutions and state universities to provide priority 63 course registration for veterans; providing eligibility 64 requirements; creating s. 1005.09, F.S.; encouraging certain 65 independent postsecondary educational institutions to provide 66 priority course registration for veterans; amending s. 1009.21, 67 F.S.; providing that veterans of the Armed Services of the 68 United States, including reserve components thereof, who attend 69 the physical location of a public college, university, or 70 institution of higher learning within the state are residents 71 for tuition purposes; providing honorary designations of certain 72 transportation facilities in specified counties; directing the 73 Department of Transportation to erect suitable markers; 74 providing effective dates. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1. Section 265.003, Florida Statutes, is amended to 79 read: 80 265.003 Florida Veterans’ Hall of Fame.— 81 (1) It is the intent of the Legislature to recognize and 82 honor those military veterans who, through their works and lives 83 during or after military service, have made a significant 84 contribution to the State of Florida. 85 (2) There is established the Florida Veterans’ Hall of 86 Fame. 87 (a) The Florida Veterans’ Hall of Fame is administered by 88 the Florida Department of Veterans’ Affairs without 89 appropriation of state funds. 90 (b) The Department of Management Services shall set aside 91 an area on the Plaza Level of the Capitol Building along the 92 northeast front wall and shall consult with the Department of 93 Veterans’ Affairs regarding the design and theme of the area. 94 (c) Each person who is inducted into the Florida Veterans’ 95 Hall of Fame shall have his or her name placed on a plaque 96 displayed in the designated area of the Capitol Building. 97 (3)(a) The Florida Veterans’ Hall of Fame Council is 98 created within the Department of Veterans’ Affairs as an 99 advisory council, as defined in s. 20.03(7), consisting of seven 100 members who shall all be honorably discharged veterans, and at 101 least four of whom must be members of a congressionally 102 chartered veterans service organization. The Governor, the 103 President of the Senate, the Speaker of the House of 104 Representatives, the Attorney General, the Chief Financial 105 Officer, the Commissioner of Agriculture, and the executive 106 director of the Department of Veterans’ Affairs shall each 107 appoint one member. For the purposes of ensuring staggered 108 terms, the council members appointed by the Governor, the 109 Attorney General, the Chief Financial Officer, and the 110 Commissioner of Agriculture shall be appointed to 4-year terms 111 beginning on January 1 of the year of appointment, and the 112 council members appointed by the President of the Senate, the 113 Speaker of the House of Representatives, and the executive 114 director of the Department of Veterans’ Affairs shall be 115 appointed to 2-year terms beginning on January 1 of the year of 116 appointment. After the initial appointments, all appointees 117 shall be appointed to 4-year terms. A member whose term expires 118 shall continue to serve on the council until such time as a 119 replacement is appointed. 120 (b) The members shall annually elect a chair from among 121 their number. The council shall meet at the call of its chair, 122 at the request of the executive director of the Department of 123 Veterans’ Affairs, or at such times as may be prescribed by the 124 council. A majority of the members of the council currently 125 appointed constitutes a quorum, and a meeting may not be held 126 unless a quorum is present. The affirmative vote of a majority 127 of the members of the council present is necessary for any 128 official action by the council. 129 (c) Members of the council may not receive compensation or 130 honorarium for their services, but members are entitled to 131 reimbursement for travel expenses incurred in the performance of 132 their duties as provided in s. 112.061. 133 (d) The original appointing authority may remove his or her 134 appointee from the council for misconduct or malfeasance in 135 office, neglect of duty, incompetence, or permanent inability to 136 perform official duties or if the member is adjudicated guilty 137 of a felony. 138 (4)(3)(a) The Florida Veterans’ Hall of Fame Council 139Department of Veterans’ Affairsshall annually accept 140 nominations of persons to be considered for induction into the 141 Florida Veterans’ Hall of Fame and shallthentransmit a list of 142 up to 20 nomineesits recommendationsto the Department of 143 Veterans’ Affairs for submission to the Governor and the Cabinet 144 who will select the nominees to be inducted. 145 (b) In selecting its nominees for submissionmaking its146recommendationsto the Governor and the Cabinet, the Florida 147 Veterans’ Hall of Fame CouncilDepartment of Veterans’ Affairs148 shall give preference to veterans who were born in Florida or 149 adopted Florida as their home state or base of operation and who 150 have made a significant contribution to the state in civic, 151 business, public service, or other pursuits. 152 (5)(4)The Florida Veterans’ Hall of Fame Council 153Department of Veterans’ Affairsmay establish criteria and set 154 specific time periods for acceptance of nominations and for the 155 process of selection of nominees for membership and establish a 156 formal induction ceremony to coincide with the annual 157 commemoration of Veterans’ Day. 158 Section 2. Section 295.187, Florida Statutes, is amended to 159 read: 160 295.187 FloridaService-DisabledVeteran Business 161 Enterprise Opportunity Act.— 162 (1) SHORT TITLE.—This section may be cited as the “Florida 163Service-DisabledVeteran Business Enterprise Opportunity Act.” 164 (2) INTENT.—It is the intent of the Legislature to rectify 165 the economic disadvantage of service-disabled veterans, who are 166 statistically the least likely to be self-employed when compared 167 to the veteran population as a whole and who have made 168 extraordinary sacrifices on behalf of the nation, the state, and 169 the public, by providing opportunities for service-disabled 170 veteran business enterprises as set forth in this section. The 171 Legislature also intends to recognize wartime veterans and 172 veterans of a period of war for their sacrifices as set forth in 173 this section. 174 (3) DEFINITIONS.—For the purpose of this section, the term: 175 (a) “Certifiedservice-disabledveteran business 176 enterprise” means a business that has been certified by the 177 Department of Management Services to be aservice-disabled178 veteran business enterprise as defined in paragraph (c). 179 (b) “Service-disabled veteran” means a veteran who is a 180 permanent Florida resident with a service-connected disability 181 as determined by the United States Department of Veterans 182 Affairs or who has been terminated from military service by 183 reason of disability by the United States Department of Defense. 184 (c) “Service-disabledVeteran business enterprise” means an 185 independently owned and operated business that: 186 1. Employs 200 or fewer permanent full-time employees; 187 2. Together with its affiliates has a net worth of $5 188 million or less or, if a sole proprietorship, has a net worth of 189 $5 million or less including both personal and business 190 investments; 191 3. Is organized to engage in commercial transactions; 192 4. Is domiciled in this state; 193 5. Is at least 51 percent owned by one or more wartime 194 veterans or service-disabled veterans; and 195 6. The management and daily business operations of which 196 are controlled by one or more wartime veterans or service 197 disabled veterans or, for a service-disabled veteran havingwith198 a permanent and total disability, by the spouse or permanent 199 caregiver of the veteran. 200 (d) “Wartime veteran” means: 201 1. A veteran as defined in s. 1.01(14); or 202 2. A veteran of a period of war, as used in 38 U.S.C. s. 203 1521, who served in the active military, naval, or air service: 204 a. For 90 days or more during a period of war; 205 b. During a period of war and was discharged or released 206 from such service for a service-connected disability; 207 c. For a period of 90 consecutive days or more and such 208 period began or ended during a period of war; or 209 d. For an aggregate of 90 days or more in two or more 210 separate periods of service during more than one period of war. 211 (4) VENDOR PREFERENCE.— 212 (a) A state agency, when considering two or more bids, 213 proposals, or replies for the procurement of commodities or 214 contractual services, at least one of which is from a certified 215service-disabledveteran business enterprise, whichthatare 216 equal with respect to all relevant considerations, including 217 price, quality, and service, shall award such procurement or 218 contract to the certifiedservice-disabledveteran business 219 enterprise. 220 (b) Notwithstanding s. 287.057(11), if aservice-disabled221 veteran business enterprise entitled to the vendor preference 222 under this section and one or more businesses entitled to this 223 preference or another vendor preference provided by law submit 224 bids, proposals, or replies for procurement of commodities or 225 contractual services whichthatare equal with respect to all 226 relevant considerations, including price, quality, and service, 227thenthe state agency shall award the procurement or contract to 228 the business having the smallest net worth. 229 (c) Political subdivisions of the state are encouraged to 230 offer a similar consideration to businesses certified under this 231 section. 232 (5) CERTIFICATION PROCEDURE.— 233 (a) The application for certification as aservice-disabled234 veteran business enterprise must, at a minimum, include: 235 1. The name of the business enterprise applying for 236 certification and the name of theservice-disabledveteran 237 submitting the application on behalf of the business enterprise. 238 2. The names of all owners of the business enterprise, 239 including owners who are wartime veterans, service-disabled 240 veterans, and owners who are not a wartime veteran or a service 241 disabled veteranveterans, and the percentage of ownership 242 interest held by each owner. 243 3. The names of all persons involved in both the management 244 and daily operations of the business, including the spouse or 245 permanent caregiver of a veteran who haswitha permanent and 246 total disability. 247 4. The service-connected disability rating of all persons 248 listed under subparagraphs 1., 2., and 3., as applicable, with 249 supporting documentation from the United States Department of 250 Veterans Affairs or the United States Department of Defense. 251 5. Documentation of the wartime service of all persons 252 listed under subparagraphs 1., 2., and 3., as applicable, from 253 the United States Department of Veterans Affairs or the United 254 States Department of Defense. 255 6.5.The number of permanent full-time employees. 256 7.6.The location of the business headquarters. 257 8.7.The total net worth of the business enterprise and its 258 affiliates. In the case of a sole proprietorship, the net worth 259 includes personal and business investments. 260 (b) To maintain certification, aservice-disabledveteran 261 business enterprise shall renew its certification biennially. 262 (c)The provisions ofChapter 120, relating to application, 263 denial, and revocation procedures, appliesshall applyto 264 certifications under this section. 265 (d) A certifiedservice-disabledveteran business 266 enterprise must notify the Department of Management Services 267 within 30 business days after any event that may significantly 268 affect the certification of the business, including, but not 269 limited to, a change in ownership or change in management and 270 daily business operations. 271 (e) The certification of aservice-disabledveteran 272 business enterprise shall be revoked for 12 months if the 273 Department of Management Services determines that the business 274 enterprise violated paragraph (d). An owner of a certified 275service-disabledveteran business enterprise whose certification 276 is revoked mayisnotpermitted toreapply for certification 277 under this section as an owner of any business enterprise during 278 the 12-month revocation period. 279 1. During the 12-month revocation period, aservice280disabledveteran business enterprise whose certification has 281 been revoked may bid on state contracts but is not eligible for 282 any preference available under this section. 283 2. Aservice-disabledveteran business enterprise whose 284 certification has been revoked may apply for certification at 285 the conclusion of the 12-month revocation period by complying 286 with requirements applicable to initial certifications. 287 (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The 288 department shall: 289 (a) Assist the Department of Management Services in 290 establishing a certification procedure, which shall be reviewed 291 biennially and updated as necessary. 292 (b) Identify eligibleservice-disabledveteran business 293 enterprises by any electronic means, including electronic mail 294 or Internet website, or by any other reasonable means. 295 (c) Encourage and assist eligibleservice-disabledveteran 296 business enterprises to apply for certification under this 297 section. 298 (d) Provide information regarding services that are 299 available from the Office of Veterans’ Business Outreach of the 300 Florida Small Business Development Center toservice-disabled301 veteran business enterprises. 302 (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The 303 department shall: 304 (a) With assistance from the Department of Veterans’ 305 Affairs, establish a certification procedure, which shall be 306 reviewed biennially and updated as necessary. 307 (b) Grant, deny, or revoke the certification of aservice308disabledveteran business enterprise under this section. 309 (c) Maintain an electronic directory of certifiedservice310disabledveteran business enterprises for use by the state, 311 political subdivisions of the state, and the public. 312 (8) REPORT.—The Small Business Development Center shall 313 include in its report required by s. 288.705 the percentage of 314 certifiedservice-disabledveteran business enterprises using 315 the statewide contracts register. 316 (9) RULES.—The Department of Veterans’ Affairs and the 317 Department of Management Services, as appropriate, may adopt 318 rules as necessary to administer this section. 319 Section 3. Paragraph (aaaa) is added to subsection (4) of 320 section 320.08056, Florida Statutes, to read: 321 320.08056 Specialty license plates.— 322 (4) The following license plate annual use fees shall be 323 collected for the appropriate specialty license plates: 324 (aaaa) American Legion license plate, $25. 325 Section 4. Subsection (79) is added to section 320.08058, 326 Florida Statutes, to read: 327 320.08058 Specialty license plates.— 328 (79) AMERICAN LEGION LICENSE PLATES.— 329 (a) Upon American Legion, Department of Florida, meeting 330 the requirements of s. 320.08053, the department shall develop a 331 American Legion license plate as provided in this section. The 332 plate must bear the colors and design approved by the department 333 and must incorporate the American Legion emblem as adopted by 334 the American Legion on June 9, 1919, and patented on December 9 335 of that same year. The word “Florida” must appear at the top of 336 the plate, and the words “American Legion” must appear at the 337 bottom of the plate. 338 (b) The annual use fees shall be distributed to the 339 American Legion, Department of Florida which shall retain the 340 initial revenues from the sale of the plates until all startup 341 costs incurred in the development and approval of the plates 342 have been reimbursed. Thereafter, the proceeds shall be 343 distributed as follows: 344 1. Sixty percent of the proceeds shall be distributed to 345 the American Legion, Department of Florida: 346 a. To support Boys State in Florida, the Veteran Affairs 347 and Rehabilitation program, and the Gilchrist Endowment Fund; 348 and 349 b. For administration and marketing of the license plate, 350 not to exceed 10 percent of the amount of the proceeds 351 distributed to the American Legion, Department of Florida. 352 2. Twenty percent of the proceeds shall be distributed to 353 the direct-support organization created under s. 292.055 under 354 the Department of Veterans’ Affairs. 355 3. Twenty percent of the proceeds shall be distributed to 356 the direct-support organization created under s. 250.115 under 357 the Department of Military Affairs. 358 Section 5. Effective October 1, 2012, section 320.089, 359 Florida Statutes, is amended to read: 360 320.089 Members of National Guard and active United States 361 Armed Forces reservists; former prisoners of war; survivors of 362 Pearl Harbor; Purple Heart medal recipients; Operation Iraqi 363 Freedom and Operation Enduring Freedom Veterans; Combat Infantry 364 Badge recipients; Vietnam War Veterans; Korean Conflict 365 Veterans; special license plates; fee.— 366 (1)(a) Each owner or lessee of an automobile or truck for 367 private use or recreational vehicle as specified in s. 368 320.08(9)(c) or (d), which is not used for hire or commercial 369 use, who is a resident of the state and an active or retired 370 member of the Florida National Guard, a survivor of the attack 371 on Pearl Harbor, a recipient of the Purple Heart medal,oran 372 active or retired member of any branch of the United States 373 Armed Forces Reserve, or a recipient of the Combat Infantry 374 Badge shall, upon application to the department, accompanied by 375 proof of active membership or retired status in the Florida 376 National Guard, proof of membership in the Pearl Harbor 377 Survivors Association or proof of active military duty in Pearl 378 Harbor on December 7, 1941, proof of being a Purple Heart medal 379 recipient,orproof of active or retired membership in any 380 branch of the Armed Forces Reserve, or proof of membership in 381 the Combat Infantrymen’s Association, Inc., or other proof of 382 being a recipient of the Combat Infantry Badge, and upon payment 383 of the license tax for the vehicle as provided in s. 320.08, be 384 issued a license plate as provided by s. 320.06, upon which, in 385 lieu of the serial numbers prescribed by s. 320.06, shall be 386 stamped the words “National Guard,” “Pearl Harbor Survivor,” 387 “Combat-wounded veteran,”or“U.S. Reserve,” or “Combat Infantry 388 Badge,” as appropriate, followed by the serial number of the 389 license plate. Additionally, the Purple Heart plate may have the 390 words “Purple Heart” stamped on the plate and the likeness of 391 the Purple Heart medal appearing on the plate. 392 (b) Notwithstanding any other provision of law to the 393 contrary, beginning with fiscal year 2002-2003 and annually 394 thereafter, the first $100,000 in general revenue generated from 395 the sale of license plates issued under this section shall be 396 deposited into the Grants and Donations Trust Fund, as described 397 in s. 296.38(2), to be used for the purposes established by law 398 for that trust fund. Any additional general revenue generated 399 from the sale of such plates shall be deposited into the State 400 Homes for Veterans Trust Fund and used solely to construct, 401 operate, and maintain domiciliary and nursing homes for 402 veterans, subject to the requirements of chapter 216. 403 (c) Notwithstanding any provisions of law to the contrary, 404 an applicant for a Pearl Harbor Survivor license plate or a 405 Purple Heart license plate who also qualifies for a disabled 406 veteran’s license plate under s. 320.084 shall be issued the 407 appropriate special license plate without payment of the license 408 tax imposed by s. 320.08. 409 (2) Each owner or lessee of an automobile or truck for 410 private use, truck weighing not more than 7,999 pounds, or 411 recreational vehicle as specified in s. 320.08(9)(c) or (d), 412 which is not used for hire or commercial use, who is a resident 413 of the state and who is a former prisoner of war, or their 414 unremarried surviving spouse, shall, upon application therefor 415 to the department, be issued a license plate as provided in s. 416 320.06, on which license plate are stamped the words “Ex-POW” 417 followed by the serial number. Each application shall be 418 accompanied by proof that the applicant meets the qualifications 419 specified in paragraph (a) or paragraph (b). 420 (a) A citizen of the United States who served as a member 421 of the Armed Forces of the United States or the armed forces of 422 a nation allied with the United States who was held as a 423 prisoner of war at such time as the Armed Forces of the United 424 States were engaged in combat, or their unremarried surviving 425 spouse, may be issued the special license plate provided for in 426 this subsection without payment of the license tax imposed by s. 427 320.08. 428 (b) A person who was serving as a civilian with the consent 429 of the United States Government, or a person who was a member of 430 the Armed Forces of the United States who was not a United 431 States citizen and was held as a prisoner of war when the Armed 432 Forces of the United States were engaged in combat, or their 433 unremarried surviving spouse, may be issued the special license 434 plate provided for in this subsection upon payment of the 435 license tax imposed by s. 320.08. 436 (3) Each owner or lessee of an automobile or truck for 437 private use, truck weighing not more than 7,999 pounds, or 438 recreational vehicle as specified in s. 320.08(9)(c) or (d), 439 which is not used for hire or commercial use, who is a resident 440 of this state and who is the unremarried surviving spouse of a 441 recipient of the Purple Heart medal shall, upon application 442 therefor to the department, with the payment of the required 443 fees, be issued a license plate as provided in s. 320.06, on 444 which license plate are stamped the words “Purple Heart” and the 445 likeness of the Purple Heart medal followed by the serial 446 number. Each application shall be accompanied by proof that the 447 applicant is the unremarried surviving spouse of a recipient of 448 the Purple Heart medal. 449 (4) The owner or lessee of an automobile or truck for 450 private use, a truck weighing not more than 7,999 pounds, or a 451 recreational vehicle as specified in s. 320.08(9)(c) or (d) 452 which automobile, truck, or recreational vehicle is not used for 453 hire or commercial use who is a resident of the state and a 454 current or former member of the United States military who was 455 deployed and served in Iraq during Operation Iraqi Freedom or in 456 Afghanistan during Operation Enduring Freedom shall, upon 457 application to the department, accompanied by proof of active 458 membership or former active duty status during one of these 459 operations, and upon payment of the license tax for the vehicle 460 as provided in s. 320.08, be issued a license plate as provided 461 by s. 320.06 upon which, in lieu of the registration license 462 number prescribed by s. 320.06, shall be stamped the words 463 “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as 464 appropriate, followed by the registration license number of the 465 plate. 466 (5) The owner or lessee of an automobile or truck for 467 private use, a truck weighing not more than 7,999 pounds, or a 468 recreational vehicle as specified in s. 320.08(9)(c) or (d) 469 which automobile, truck, or recreational vehicle is not used for 470 hire or commercial use, who is a resident of the state and a 471 current or former member of the United States military, and who 472 was deployed and served in Vietnam during United States military 473 deployment in Indochina shall, upon application to the 474 department, accompanied by proof of active membership or former 475 active duty status during these operations, and upon payment of 476 the license tax for the vehicle as provided in s. 320.08, be 477 issued a license plate as provided by s. 320.06 upon which, in 478 lieu of the registration license number prescribed by s. 320.06, 479 shall be stamped the words “Vietnam War Veteran,” followed by 480 the registration license number of the plate. 481 (6) The owner or lessee of an automobile or truck for 482 private use, a truck weighing not more than 7,999 pounds, or a 483 recreational vehicle as specified in s. 320.08(9)(c) or (d) 484 which automobile, truck, or recreational vehicle is not used for 485 hire or commercial use, who is a resident of the state and a 486 current or former member of the United States military, and who 487 was deployed and served in Korea during United States military 488 deployment in Korea shall, upon application to the department, 489 accompanied by proof of active membership or former active duty 490 status during these operations, and upon payment of the license 491 tax for the vehicle as provided in s. 320.08, be issued a 492 license plate as provided by s. 320.06 upon which, in lieu of 493 the registration license number prescribed by s. 320.06, shall 494 be stamped the words “Korean Conflict Veteran,” followed by the 495 registration license number of the plate. 496 Section 6. Section 320.0892, Florida Statutes, is created 497 to read: 498 320.0892 Motor vehicle license plates for recipients of the 499 Silver Star, Distinguished Service Cross, Navy Cross, or Air 500 Force Cross.—Upon receipt of an application and proof that the 501 applicant meets the qualifications listed in this section for 502 the applicable license plate, the department shall issue the 503 license plate without payment of the license tax imposed under 504 s. 320.08: 505 (1) SILVER STAR.—Any United States citizen who is a 506 resident of this state and who was awarded the Silver Star while 507 serving as a member of the United States Armed Forces shall be 508 issued a license plate on which is stamped the words “Silver 509 Star” followed by the serial number. 510 (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen 511 who is a resident of this state and who was awarded the 512 Distinguished Service Cross while serving as a member of the 513 United States Armed Forces shall be issued a license plate on 514 which is stamped the words “Distinguished Service Cross” 515 followed by the serial number. 516 (3) NAVY CROSS.—Any United States citizen who is a resident 517 of this state and who was awarded the Navy Cross while serving 518 as a member of the United States Armed Forces shall be issued a 519 license plate on which is stamped the words “Navy Cross” 520 followed by the serial number. 521 (4) AIR FORCE CROSS.—Any United States citizen who is a 522 resident of this state and who was awarded the Air Force Cross 523 while serving as a member of the United States Armed Forces 524 shall be issued a license plate on which is stamped the words 525 “Air Force Cross” followed by the serial number. 526 Section 7. Section 683.146, Florida Statutes, is created to 527 read: 528 683.146 Purple Heart Day.— 529 (1) August 7 of each year is designated as “Purple Heart 530 Day.” 531 (2) The Governor may annually issue a proclamation 532 designating August 7 as “Purple Heart Day.” Public officials, 533 schools, private organizations, and all residents of the state 534 are encouraged to commemorate Purple Heart Day and honor those 535 wounded or killed while serving in any branch of the United 536 States Armed Services. 537 Section 8. Sections 9 through 12 of this act may be cited 538 as the “T. Patt Maney Veterans’ Treatment Intervention Act.” 539 Section 9. Military veterans and servicemembers court 540 program.—The chief judge of each judicial circuit may establish 541 a military veterans and servicemembers court program under which 542 veterans, as defined in s. 1.01, Florida Statutes, and 543 servicemembers, as defined in s. 250.01, Florida Statutes, who 544 are convicted of or charged with a criminal offense and who 545 suffer from a mental illness, traumatic brain injury, substance 546 use disorder, or psychological problem as a result of their 547 military service are eligible to participate. Upon a conviction, 548 an eligible military veteran or servicemember may be sentenced 549 in such a manner as to appropriately address the severity of the 550 mental illness, traumatic brain injury, substance use disorder, 551 or psychological problem through services tailored to the 552 individual needs of the participant. Entry into any military 553 veterans and servicemembers court program must be based upon the 554 sentencing court’s assessment of the defendant’s criminal 555 history, military service, need for substance use treatment, 556 need for mental health treatment, amenability to the services of 557 the program, the advisory recommendation of the state attorney 558 and the victim, if any, and the defendant’s agreement to enter 559 the program. 560 Section 10. Present subsection (7) of section 948.08, 561 Florida Statutes, is renumbered as subsection (8), and a new 562 subsection (7) is added to that section, to read: 563 948.08 Pretrial intervention program.— 564 (7)(a) Notwithstanding any provision of this section, a 565 person who is charged with a felony, other than a felony listed 566 in s. 948.06(8)(c), and identified as a servicemember, as 567 defined in s. 250.01, or veteran, as defined in s. 1.01, who 568 suffers from a military service-related mental illness, 569 traumatic brain injury, substance use disorder, or psychological 570 problem, is eligible for voluntary admission into a pretrial 571 veterans’ treatment intervention program approved by the chief 572 judge of the circuit, upon motion of either party or the court’s 573 own motion, except: 574 1. If a defendant was previously offered admission to a 575 pretrial veterans’ treatment intervention program at any time 576 before trial and the defendant rejected that offer on the 577 record, the court may deny the defendant’s admission to such a 578 program. 579 2. If a defendant previously entered a court-ordered 580 veterans’ treatment program, the court may deny the defendant’s 581 admission into the pretrial veterans’ treatment program. 582 (b) While enrolled in a pretrial intervention program 583 authorized by this subsection, the participant shall be subject 584 to a coordinated strategy developed by a veterans’ treatment 585 intervention team. The coordinated strategy should be modeled 586 after the therapeutic jurisprudence principles and key 587 components in s. 397.334(4), with treatment specific to the 588 needs of servicemembers and veterans. The coordinated strategy 589 may include a protocol of sanctions that may be imposed upon the 590 participant for noncompliance with program rules. The protocol 591 of sanctions may include, but need not be limited to, placement 592 in a treatment program offered by a licensed service provider or 593 in a jail-based treatment program or serving a period of 594 incarceration within the time limits established for contempt of 595 court. The coordinated strategy must be provided in writing to 596 the participant before the participant agrees to enter into a 597 pretrial veterans’ treatment intervention program or other 598 pretrial intervention program. Any person whose charges are 599 dismissed after successful completion of the pretrial veterans’ 600 treatment intervention program, if otherwise eligible, may have 601 his or her arrest record to the dismissed charges expunged under 602 s. 943.0585. 603 (c) At the end of the pretrial intervention period, the 604 court shall consider the recommendation of the treatment program 605 and the recommendation of the state attorney as to disposition 606 of the pending charges. The court shall determine, by written 607 finding, whether the defendant has successfully completed the 608 pretrial intervention program. If the court finds that the 609 defendant has not successfully completed the pretrial 610 intervention program, the court may order the person to continue 611 in education and treatment, which may include treatment programs 612 offered by licensed service providers or jail-based treatment 613 programs, or order that the charges revert to normal channels 614 for prosecution. The court shall dismiss the charges upon a 615 finding that the defendant has successfully completed the 616 pretrial intervention program. 617 Section 11. Section 948.16, Florida Statutes, is amended to 618 read: 619 948.16 Misdemeanor pretrial substance abuse education and 620 treatment intervention program; misdemeanor pretrial veterans’ 621 treatment intervention program.— 622 (1)(a) A person who is charged with a misdemeanor for 623 possession of a controlled substance or drug paraphernalia under 624 chapter 893, and who has not previously been convicted of a 625 felony nor been admitted to a pretrial program, is eligible for 626 voluntary admission into a misdemeanor pretrial substance abuse 627 education and treatment intervention program, including a 628 treatment-based drug court program established pursuant to s. 629 397.334, approved by the chief judge of the circuit, for a 630 period based on the program requirements and the treatment plan 631 for the offender, upon motion of either party or the court’s own 632 motion, except, if the state attorney believes the facts and 633 circumstances of the case suggest the defendant is involved in 634 dealing and selling controlled substances, the court shall hold 635 a preadmission hearing. If the state attorney establishes, by a 636 preponderance of the evidence at such hearing, that the 637 defendant was involved in dealing or selling controlled 638 substances, the court shall deny the defendant’s admission into 639 the pretrial intervention program. 640 (b) While enrolled in a pretrial intervention program 641 authorized by this section, the participant is subject to a 642 coordinated strategy developed by a drug court team under s. 643 397.334(4). The coordinated strategy may include a protocol of 644 sanctions that may be imposed upon the participant for 645 noncompliance with program rules. The protocol of sanctions may 646 include, but is not limited to, placement in a substance abuse 647 treatment program offered by a licensed service provider as 648 defined in s. 397.311 or in a jail-based treatment program or 649 serving a period of incarceration within the time limits 650 established for contempt of court. The coordinated strategy must 651 be provided in writing to the participant before the participant 652 agrees to enter into a pretrial treatment-based drug court 653 program or other pretrial intervention program. Any person whose 654 charges are dismissed after successful completion of the 655 treatment-based drug court program, if otherwise eligible, may 656 have his or her arrest record and plea of nolo contendere to the 657 dismissed charges expunged under s. 943.0585. 658 (2)(a) A servicemember, as defined in s. 250.01, or 659 veteran, as defined in s. 1.01, who suffers from a military 660 service-related mental illness, traumatic brain injury, 661 substance use disorder, or psychological problem, and who is 662 charged with a misdemeanor is eligible for voluntary admission 663 into a misdemeanor pretrial veterans’ treatment intervention 664 program approved by the chief judge of the circuit, for a period 665 based on the program’s requirements and the treatment plan for 666 the offender, upon motion of either party or the court’s own 667 motion. However, the court may deny the defendant admission into 668 a misdemeanor pretrial veterans’ treatment intervention program 669 if the defendant has previously entered a court-ordered 670 veterans’ treatment program. 671 (b) While enrolled in a pretrial intervention program 672 authorized by this section, the participant shall be subject to 673 a coordinated strategy developed by a veterans’ treatment 674 intervention team. The coordinated strategy should be modeled 675 after the therapeutic jurisprudence principles and key 676 components in s. 397.334(4), with treatment specific to the 677 needs of servicemembers and veterans. The coordinated strategy 678 may include a protocol of sanctions that may be imposed upon the 679 participant for noncompliance with program rules. The protocol 680 of sanctions may include, but need not be limited to, placement 681 in a treatment program offered by a licensed service provider or 682 in a jail-based treatment program or serving a period of 683 incarceration within the time limits established for contempt of 684 court. The coordinated strategy must be provided in writing to 685 the participant before the participant agrees to enter into a 686 misdemeanor pretrial veterans’ treatment intervention program or 687 other pretrial intervention program. Any person whose charges 688 are dismissed after successful completion of the misdemeanor 689 pretrial veterans’ treatment intervention program, if otherwise 690 eligible, may have his or her arrest record to the dismissed 691 charges expunged under s. 943.0585. 692 (3)(2)At the end of the pretrial intervention period, the 693 court shall consider the recommendation of the treatment program 694 and the recommendation of the state attorney as to disposition 695 of the pending charges. The court shall determine, by written 696 finding, whether the defendant successfully completed the 697 pretrial intervention program. Notwithstanding the coordinated 698 strategy developed by a drug court team pursuant to s. 699 397.334(4) or by the veterans’ treatment intervention team, if 700 the court finds that the defendant has not successfully 701 completed the pretrial intervention program, the court may order 702 the person to continue in education and treatment or return the 703 charges to the criminal docket for prosecution. The court shall 704 dismiss the charges upon finding that the defendant has 705 successfully completed the pretrial intervention program. 706 (4)(3)Any public or private entity providing a pretrial 707 substance abuse education and treatment program under this 708 section shall contract with the county or appropriate 709 governmental entity. The terms of the contract shall include, 710 but not be limited to, the requirements established for private 711 entities under s. 948.15(3). This requirement does not apply to 712 services provided by the Department of Veterans’ Affairs or the 713 United States Department of Veterans Affairs. 714 Section 12. Section 948.21, Florida Statutes, is created to 715 read: 716 948.21 Condition of probation or community control; 717 military servicemembers and veterans.—Effective for a 718 probationer or community controllee whose crime was committed on 719 or after July 1, 2012, and who is a servicemember, as defined in 720 s. 250.01, or veteran, as defined in s. 1.01, who suffers from a 721 military service-related mental illness, traumatic brain injury, 722 substance use disorder, or psychological problem, the court may, 723 in addition to any other conditions imposed, impose a condition 724 requiring the probationer or community controllee to participate 725 in a treatment program capable of treating the probationer or 726 community controllee’s mental illness, traumatic brain injury, 727 substance use disorder, or psychological problem. The court 728 shall give preference to treatment programs for which the 729 probationer or community controllee is eligible through the 730 Department of Veterans’ Affairs or the United States Department 731 of Veterans’ Affairs. 732 Section 13. Subsection (1) of section 1003.05, Florida 733 Statutes, is amended to read: 734 1003.05 Assistance to transitioning students from military 735 families.— 736 (1) The Legislature finds that school-aged dependents of 737 military personnel, otherwise known as military students, are 738 faced with numerous transitions during their formative years and 739 that moves during the high school years provide special 740 challenges to learning and future achievement. 741 (a) Recognizing the challenges faced by military students 742 and the importance of military families to our community and 743 economy, the Department of Education shall assist the transition 744 of these students by improving the timely transfer of records, 745 developing systems to ease student transition during the first 2 746 weeks of enrollment, promoting practices which foster access to 747 extracurricular programs, establishing procedures to lessen the 748 adverse impact of moves from the end of the junior year as well 749 as before and during the senior year, encouraging or continuing 750 partnerships between the military base and the school system, 751 providing services for transitioning students when applying to 752 and finding funding for postsecondary study, and providing other 753 assistance as identified by department, school, and military 754 personnel. 755 (b) If a local school board adjusts school zones within its 756 boundaries, military students shall be given the option of 757 remaining at the school they are currently attending or may 758 attend the school assigned as a result of the rezoning. 759 Section 14. Section 1004.075, Florida Statutes, is created 760 to read: 761 1004.075 Priority course registration for veterans.—Each 762 Florida College System institution and state university that 763 offers priority course registration for a segment of the student 764 population, or upon implementation of priority course 765 registration for a segment of the student population, shall 766 provide priority course registration for each veteran of the 767 United States Armed Forces. Priority registration shall be given 768 to the spouse or a dependent child of the veteran to whom GI 769 Bill educational benefits have been transferred. Each eligible 770 veteran shall be granted priority for course registration for 771 the duration of his or her attendance at a Florida College 772 System institution and state university if priority registration 773 is offered. A spouse or dependent child shall also be granted 774 priority for registration until the expiration of the GI Bill 775 educational benefits. 776 Section 15. Section 1005.09, Florida Statutes, is created 777 to read: 778 1005.09 Priority course registration for veterans.—Each 779 independent postsecondary educational institution that is under 780 the jurisdiction of the commission or is exempt from the 781 jurisdiction of the commission and that offers priority course 782 registration for a segment of the student population, or upon 783 implementation of priority course registration for a segment of 784 the student population, is encouraged to provide priority course 785 registration for each veteran of the United States Armed Forces, 786 or his or her spouse or dependent children, who is receiving GI 787 Bill educational benefits, in accordance with s. 1004.075. 788 Section 16. Present paragraphs (c) through (k) of 789 subsection (10) of section 1009.21, Florida Statutes, are 790 redesignated as paragraphs (d) through (l), respectively, and a 791 new paragraph (c) is added to that subsection, to read: 792 1009.21 Determination of resident status for tuition 793 purposes.—Students shall be classified as residents or 794 nonresidents for the purpose of assessing tuition in 795 postsecondary educational programs offered by charter technical 796 career centers or career centers operated by school districts, 797 in Florida College System institutions, and in state 798 universities. 799 (10) The following persons shall be classified as residents 800 for tuition purposes: 801 (c) Veterans of the Armed Services of the United States, 802 including reserve components thereof, who attend the physical 803 location of a public college, university, or institution of 804 higher learning within the state. 805 Section 17. SP4 Thomas Berry Corbin Memorial Highway 806 designated; Department of Transportation to erect suitable 807 markers.— 808 (1) That portion of U.S. Highway 19/27A/98/State Road 55 809 between the Suwannee River Bridge and N.E. 592nd Street/Chavous 810 Road/Kate Green Road in Dixie County is designated as “SP4 811 Thomas Berry Corbin Memorial Highway.” 812 (2) The Department of Transportation is directed to erect 813 suitable markers designating SP4 Thomas Berry Corbin Memorial 814 Highway as described in subsection (1). 815 Section 18. U.S. Navy BMC Samuel Calhoun Chavous, Jr., 816 Memorial Highway designated; Department of Transportation to 817 erect suitable markers.— 818 (1) That portion of U.S. Highway 19/98/State Road 55 819 between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E. 820 170th Street in Dixie County is designated as “U.S. Navy BMC 821 Samuel Calhoun Chavous, Jr., Memorial Highway.” 822 (2) The Department of Transportation is directed to erect 823 suitable markers designating U.S. Navy BMC Samuel Calhoun 824 Chavous, Jr., Memorial Highway as described in subsection (1). 825 Section 19. Marine Lance Corporal Brian R. Buesing Memorial 826 Highway designated; Department of Transportation to erect 827 suitable markers.— 828 (1) That portion of State Road 24 between County Road 347 829 and Bridge Number 340053 in Levy County is designated as “Marine 830 Lance Corporal Brian R. Buesing Memorial Highway.” 831 (2) The Department of Transportation is directed to erect 832 suitable markers designating Marine Lance Corporal Brian R. 833 Buesing Memorial Highway as described in subsection (1). 834 Section 20. United States Army Sergeant Karl A. Campbell 835 Memorial Highway designated; Department of Transportation to 836 erect suitable markers.— 837 (1) That portion of U.S. Highway 19/98/State Road 55/S. 838 Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy 839 County is designated as “United States Army Sergeant Karl A. 840 Campbell Memorial Highway.” 841 (2) The Department of Transportation is directed to erect 842 suitable markers designating United States Army Sergeant Karl A. 843 Campbell Memorial Highway as described in subsection (1). 844 Section 21. U.S. Army SPC James A. Page Memorial Highway 845 designated; Department of Transportation to erect suitable 846 markers.— 847 (1) That portion of U.S. Highway 27A/State Road 848 500/Hathaway Avenue between State Road 24/Thrasher Drive and 849 Town Court in Levy County is designated as “U.S. Army SPC James 850 A. Page Memorial Highway.” 851 (2) The Department of Transportation is directed to erect 852 suitable markers designating U.S. Army SPC James A. Page 853 Memorial Highway as described in subsection (1). 854 Section 22. USS Stark Memorial Drive designated; Department 855 of Transportation to erect suitable markers.— 856 (1) That portion of State Road 101/Mayport Road between 857 State Road A1A and Wonderwood Connector in Duval County is 858 designated as “USS Stark Memorial Drive.” 859 (2) The Department of Transportation is directed to erect 860 suitable markers designating USS Stark Memorial Drive as 861 described in subsection (1). 862 Section 23. Captain Jim Reynolds, Jr., USAF “Malibu” Road 863 designated; Department of Transportation to erect suitable 864 markers.— 865 (1) That portion of State Road 44 in Lake County between 866 U.S. Highway 441 and State Road 44/East Orange Avenue near 867 Eustis is designated as “Captain Jim Reynolds, Jr., USAF 868 ‘Malibu’ Road.” 869 (2) The Department of Transportation is directed to erect 870 suitable markers designating Captain Jim Reynolds, Jr., USAF 871 “Malibu” Road as described in subsection (1). 872 Section 24. Veterans Memorial Highway designated; 873 Department of Transportation to erect suitable markers.— 874 (1) That portion of State Road 19 in Putnam County between 875 U.S. 17/State Road 15 and Carriage Drive is designated as 876 “Veterans Memorial Highway.” 877 (2) The Department of Transportation is directed to erect 878 suitable markers designating Veterans Memorial Highway as 879 described in subsection (1). 880 Section 25. U.S. Army Sergeant Robert Daniel Sanchez 881 Memorial Highway designated; Department of Transportation to 882 erect suitable markers.— 883 (1) That portion of State Road 513 between Banana River 884 Drive and Eau Gallie Boulevard in Brevard County is designated 885 as “U.S. Army Sergeant Robert Daniel Sanchez Memorial Highway.” 886 (2) The Department of Transportation is directed to erect 887 suitable markers designating U.S. Army Sergeant Robert Daniel 888 Sanchez Memorial Highway as described in subsection (1). 889 Section 26. U.S. Marine Corps Corporal Dustin Schrage 890 Highway designated; Department of Transportation to erect 891 suitable markers.— 892 (1) That portion of State Road A1A between Pinetree Drive 893 and Eau Gallie Boulevard in Brevard County is designated as 894 “U.S. Marine Corps Corporal Dustin Schrage Highway.” 895 (2) The Department of Transportation is directed to erect 896 suitable markers designating U.S. Marine Corps Corporal Dustin 897 Schrage Highway as described in subsection (1). 898 Section 27. Purple Heart Memorial Highway designated; 899 Department of Transportation to erect suitable markers.— 900 (1) That portion of State Road 20/John Sims Parkway (57 901 040-000) between State Road 85 and the Walton County Line in 902 Okaloosa County is designated as “Purple Heart Memorial 903 Highway.” 904 (2) The Department of Transportation is directed to erect 905 suitable markers designating Purple Heart Memorial Highway as 906 described in subsection (1). 907 Section 28. Except as otherwise expressly provided in this 908 act, this act shall take effect July 1, 2012.