Bill Text: FL S0184 | 2016 | Regular Session | Enrolled


Bill Title: Military and Veterans Affairs

Spectrum: Bipartisan Bill

Status: (Passed) 2016-04-15 - Chapter No. 2016-242 [S0184 Detail]

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

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