Florida 2022 Regular Session

Florida House Bill H0465 Latest Draft

Bill / Introduced Version Filed 11/02/2021

                               
 
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A bill to be entitled 1 
An act relating to the United States Armed Forces; 2 
amending s. 61.703, F.S.; revising the definition of 3 
the term "uniformed service" to include the United 4 
States Space Force; amending s. 92.51, F.S.; revising 5 
the Armed Forces officers authorized to take or 6 
administer specified oaths, affidavits, or 7 
acknowledgements to include United States Space Force 8 
officers; amending s. 97.021, F.S.; revising the 9 
definition of the term "uniformed services" to include 10 
the United States Space Force; amending s. 115.01, 11 
F.S.; revising the military service branches for which 12 
any county or state official who is called to active 13 
service may receive a leave of absence; amending s. 14 
163.3175, F.S.; updating military base names; amending 15 
s. 210.04, F.S.; adding post exchanges opera ted by the 16 
United States Space Force to those that are exempt 17 
from paying tax on cigarettes sold; amending s. 18 
250.01, F.S.; revising the definition of the term 19 
"armed forces" to include the United States Space 20 
Force; amending s. 250.43, F.S.; revising the armed 21 
forces uniforms that are protected from imitation to 22 
include uniforms of the United States Space Force; 23 
amending s. 250.52, F.S.; prohibiting persons from 24 
soliciting or persuading another not to enlist with 25     
 
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the United States Space Force when the coun try is at 26 
war or there are indications of a pending war; 27 
amending s. 295.061, F.S.; revising the definition of 28 
the term "United States Armed Forces" to include the 29 
United States Space Force; amending s. 296.02, F.S.; 30 
revising the definition of the term "pe acetime 31 
service" to include service in the United States Space 32 
Force; amending s. 331.304, F.S.; renaming specified 33 
former Air Force bases as Space Force bases; amending 34 
s. 461.002, F.S.; providing an exception to graduate 35 
podiatric physicians practicing i n the United States 36 
Space Force; amending s. 466.002, F.S.; providing an 37 
exemption to graduate dentists or dental surgeons 38 
practicing in the United States Space Force; amending 39 
s. 496.415, F.S.; prohibiting a person from 40 
representing or claiming to be a me mber of the United 41 
States Space Force in connection with any solicitation 42 
or charitable or sponsor sales promotion; amending s. 43 
540.08, F.S.; revising the definition of the term 44 
"member of the armed forces" to include members of the 45 
United States Space For ce; amending s. 695.031, F.S.; 46 
including members of the United States Space Force and 47 
the United States Air Force as servicemembers who may 48 
acknowledge certain instruments; amending s. 718.113, 49 
F.S.; including the official flag that represents the 50     
 
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United States Space Force as a flag that may be 51 
displayed by a condominium owner; amending s. 720.304, 52 
F.S.; including the official flag that represents the 53 
United States Space Force as a flag that may be 54 
displayed by a homeowner; amending s. 790.25, F.S.; 55 
authorizing members of the United States Space Force 56 
to own, possess, and lawfully use firearms and other 57 
weapons, ammunition, and supplies when on duty, when 58 
training or preparing themselves for military duty, or 59 
while subject to recall or mobilization; amending s. 60 
817.312, F.S.; prohibiting a person from unlawfully 61 
using the uniforms, medals, or insignia of the United 62 
States Space Force; amending s. 1000.36, F.S.; 63 
revising the definition of the term "uniformed 64 
services" to include the United States Space Force; 65 
amending s. 1003.051, F.S.; revising the definition of 66 
the term "military student" to include a student who 67 
is a dependent of a current or former member of the 68 
United States Space Force; reenacting ss. 373.324(7), 69 
409.1664(1)(c), 520.14(1), 627.7283(5), 68 9.27(1)(d), 70 
790.015(5)(a), 790.06(4)(f) and (11)(b), 71 
790.062(1)(a), 790.065(13), 790.0655(2)(d), and 72 
948.21(1), (2), and (3), F.S., which reference the 73 
definition of the term "servicemember," to incorporate 74 
the amendment made to s. 250.01, F.S., in referen ces 75     
 
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thereto; providing effective dates. 76 
  77 
Be It Enacted by the Legislature of the State of Florida: 78 
 79 
 Section 1.  Paragraph (a) of subsection (20) of section 80 
61.703, Florida Statutes, is amended to read: 81 
 61.703  Definitions. —As used in this part: 82 
 (20)  "Uniformed service" means any of the following: 83 
 (a)  Active and reserve components of the Army, Navy, Air 84 
Force, Marine Corps, Space Force, or Coast Guard of the United 85 
States. 86 
 Section 2.  Subsection (1) of section 92.51, Florida 87 
Statutes, is amended to read: 88 
 92.51  Oaths, affidavits, and acknowledgments; taken or 89 
administered by commissioned officer of United States Armed 90 
Forces.— 91 
 (1)  Oaths, affidavits, and acknowledgments required or 92 
authorized by the laws of this state may be taken or 93 
administered within or without the United States by or before 94 
any commissioned officer in active service of the Armed Forces 95 
of the United States with the rank of second lieutenant or 96 
higher in the Army, Air Force , Space Force, or Marine Corps or 97 
ensign or higher in the Navy or Coast Guard when the person 98 
required or authorized to make and execute the oath, affidavit, 99 
or acknowledgment is a member of the Armed Forces of the United 100     
 
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States, the spouse of such member or a person whose duties 101 
require the person's p resence with the Armed Forces of the 102 
United States. 103 
 Section 3.  Subsection (42) of section 97.021, Florida 104 
Statutes, is amended to read: 105 
 97.021  Definitions. —For the purposes of this code, except 106 
where the context clearly indicates otherwise, the term: 107 
 (42)  "Uniformed services" means the Army, Navy, Air Force, 108 
Marine Corps, Space Force, and Coast Guard, the commissioned 109 
corps of the Public Health Service, and the commissioned corps 110 
of the National Oceanic and Atmospheric Administration. 111 
 Section 4.  Section 115.01, Florida Statutes, is amended to 112 
read: 113 
 115.01  Leave of absence for military service. —Any county 114 
or state official of the state, subject to the provisions and 115 
conditions hereinafter set forth, may be granted leave of 116 
absence from his or he r office, to serve in the volunteer forces 117 
of the United States, or in the National Guard of any state, or 118 
in the regular Army, or Navy, Air Force, Marine Corps, or Space 119 
Force of the United States, when the same shall be called into 120 
active service of the United States during war between the 121 
United States and a foreign government. 122 
 Section 5.  Paragraph (n) of subsection (2) of section 123 
163.3175, Florida Statutes, is amended to read: 124 
 163.3175  Legislative findings on compatibility of 125     
 
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development with military installations; exchange of information 126 
between local governments and military installations. — 127 
 (2)  Certain major military installations, due to their 128 
mission and activities, have a greater potential for 129 
experiencing compatibility and coordination issues than others. 130 
Consequently, this section and the provisions in s. 131 
163.3177(6)(a), relating to compatibility of land development 132 
with military installations, apply to specific affected local 133 
governments in proximity to and in association with specifi c 134 
military installations, as follows: 135 
 (n)  Patrick Space Air Force Base and Cape Canaveral Space 136 
Air Force Station, associated with Brevard County and Satellite 137 
Beach. 138 
 Section 6.  Paragraph (a) of subsection (4) of section 139 
210.04, Florida Statutes, is amended to read: 140 
 210.04  Construction; exemptions; collection. — 141 
 (4)  No tax shall be required to be paid: 142 
 (a)  Upon cigarettes sold at post exchanges, ship service 143 
stores, ship stores, slop chests, or base exchanges to members 144 
of the Armed Services of t he United States when such post 145 
exchanges, ship service stores, or base exchanges are operated 146 
under regulations of the Army, Navy, or Air Force, or Space 147 
Force of the United States on military, naval, space force, or 148 
air force reservations in this state o r when such ship stores or 149 
slop chests are operated under the regulations of the United 150     
 
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States Navy on ships of the United States Navy; however, it is 151 
unlawful for anyone, including members of the Armed Services of 152 
the United States, to purchase such tax -exempt cigarettes for 153 
purposes of resale. Any person who resells, or offers for 154 
resale, tax-exempt cigarettes purchased at post exchanges, ship 155 
service stores, ship stores, slop chests, or base exchanges 156 
commits is guilty of a violation of the cigarette tax law, 157 
punishable as provided in s. 210.18(1). 158 
 Section 7.  Subsection (4) of section 250.01, Florida 159 
Statutes, is amended to read: 160 
 250.01  Definitions. —As used in this chapter, the term: 161 
 (4)  "Armed forces" means the United States Army, Navy, Air 162 
Force, Marine Corps, Space Force, and Coast Guard. 163 
 Section 8.  Subsection (2) of section 250.43, Florida 164 
Statutes, is amended to read: 165 
 250.43  Wearing of uniform and insignia of rank; penalty. — 166 
 (2)  Every person other than an officer or enlisted person 167 
of the Florida National Guard, naval militia, or marine corps of 168 
this state, any other state, Puerto Rico, or the District of 169 
Columbia, or of the United States Army, Navy, Marine Corps, or 170 
Air Force, or Space Force, who wears the uniform of the United 171 
States Army, Navy, Marine Corps, Air Force, Space Force, 172 
National Guard, Naval Militia, or Marine Corps or any part of 173 
such uniform, or a uniform or part of uniform similar thereto, 174 
or in imitation thereof, within the bounds of the state, except 175     
 
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in cases where the wearing of such uniform is permitted by the 176 
laws of the United States and the regulations of the Secretary 177 
of Defense, commits a misdemeanor of the first degree, 178 
punishable as provided in s. 775.082 or s. 775.083. This section 179 
does not prohibit persons i n the theatrical profession from 180 
wearing such uniforms while actually engaged in such profession, 181 
in any playhouse or theater, in a production in no way 182 
reflecting upon such uniform; does not prohibit the uniform rank 183 
of civic societies parading or traveli ng in a body or assembling 184 
in a lodge room; and does not apply to cadets of any military 185 
school or to Boy Scouts or Girl Scouts. 186 
 Section 9.  Section 250.52, Florida Statutes, is amended to 187 
read: 188 
 250.52  Unlawful to persuade citizens not to enlist; 189 
penalty.—Whenever the United States is at war, or our foreign 190 
relations tend to indicate an impending war or state of war, a 191 
person may not solicit or persuade a citizen of the United 192 
States not to enlist or serve in the Army, Air Force, Space 193 
Force, Marine Corps, Coast Guard, or Navy, or in any reserve 194 
component thereof, or in the Florida National Guard, or publicly 195 
attempt to dissuade any such citizen from enlisting. This 196 
section does not apply to the soliciting or persuading done by 197 
any person related by aff inity or consanguinity to the person 198 
solicited or persuaded or whose advice is requested by the 199 
person solicited or persuaded. Any person who violates this 200     
 
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section commits a misdemeanor of the first degree, punishable as 201 
provided in s. 775.082 or s. 775.08 3. 202 
 Section 10.  Paragraph (b) of subsection (1) of section 203 
295.061, Florida Statutes, is amended to read: 204 
 295.061  Active duty servicemembers; death benefits. — 205 
 (1)  As used in this section, the term: 206 
 (b)  "United States Armed Forces" means the United States 207 
Army, Navy, Air Force, Marine Corps, Space Force, and Coast 208 
Guard. 209 
 Section 11.  Subsection (7) of section 296.02, Florida 210 
Statutes, is amended to read: 211 
 296.02  Definitions. —For the purposes of this part, except 212 
where the context clearly indicat es otherwise: 213 
 (7)  "Peacetime service" means Army, Navy, Marines, Coast 214 
Guard, or Air Force, or Space Force service that is not during a 215 
wartime era as defined in s. 1.01(14). 216 
 Section 12.  Subsection (1) of section 331.304, Florida 217 
Statutes, is amended to read: 218 
 331.304  Spaceport territory. —The following property shall 219 
constitute spaceport territory: 220 
 (1)  Certain real property located in Brevard County that 221 
is included within the 1998 boundaries of Patrick Space Force 222 
Base, formerly Patrick Air Force Base; Cape Canaveral Space 223 
Force Station, formerly Cape Canaveral Air Force Station ;, or 224 
John F. Kennedy Space Center. The territory consisting of areas 225     
 
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within the John F. Kennedy Space Center and the Cape Canaveral 226 
Space Air Force Station may be referred to as the "Cape 227 
Canaveral Spaceport." 228 
 Section 13.  Subsection (3) of section 461.002, Florida 229 
Statutes, is amended to read: 230 
 461.002  Exceptions. — 231 
 (3)  This chapter does shall not apply to the practice of 232 
podiatric medicine by graduate podiatric physicians in the 233 
United States Army, Air Force, Space Force, Marines, Navy, 234 
Public Health Service, Coast Guard, or United States Department 235 
of Veterans Affairs in the discharge of their official duties. 236 
 Section 14.  Subsection (3) of section 466.002, Florida 237 
Statutes, is amended to read: 238 
 466.002  Persons exempt from operation of chapter. —Nothing 239 
in this chapter shall apply to the following practices, acts, 240 
and operations: 241 
 (3)  The practice of dentistry in the discharge of thei r 242 
official duties by graduate dentists or dental surgeons in the 243 
United States Army, Air Force, Space Force, Marines, Navy, 244 
Public Health Service, Coast Guard, or United States Department 245 
of Veterans Affairs. 246 
 Section 15.  Subsection (6) of section 496.4 15, Florida 247 
Statutes, is amended to read: 248 
 496.415  Prohibited acts. —It is unlawful for any person in 249 
connection with the planning, conduct, or execution of any 250     
 
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solicitation or charitable or sponsor sales promotion to: 251 
 (6)  Falsely state that he or she is a member of or 252 
represents a charitable organization or sponsor, or falsely 253 
state or represent that he or she is a member of or represents 254 
the United States Air Force, United States Army, United States 255 
Coast Guard, United States Marine Corps, United States Navy, or 256 
United States Space Force, the National Guard, or a law 257 
enforcement or emergency service organization. 258 
 Section 16.  Subsection (3) of section 540.08, Florida 259 
Statutes, is amended to read: 260 
 540.08  Unauthorized publication of name or likeness. — 261 
 (3)  If a person uses the name, portrait, photograph, or 262 
other likeness of a member of the armed forces without obtaining 263 
the consent required in subsection (1) and such use is not 264 
subject to any exception listed in this section, a court may 265 
impose a civil penalty of up to $1,000 per violation in addition 266 
to the civil remedies contained in subsection (2). Each 267 
commercial transaction constitutes a violation under this 268 
section. As used in this section, the term "member of the armed 269 
forces" means an officer or enlisted member of the Army, Navy, 270 
Air Force, Marine Corps, Space Force, or Coast Guard of the 271 
United States, the Florida National Guard, and the United States 272 
Reserve Forces, including any officer or enlisted member who 273 
died as a result of injuries sus tained in the line of duty. 274 
 Section 17.  Subsection (1) of section 695.031, Florida 275     
 
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Statutes, is amended to read: 276 
 695.031  Affidavits and acknowledgments by members of armed 277 
forces and their spouses. — 278 
 (1)  In addition to the manner, form , and proof of 279 
acknowledgment of instruments as now provided by law, any person 280 
serving in or with the Armed Forces of the United States, 281 
including the Army, Navy, Air Force, Marine Corps, Space Force, 282 
Coast Guard, or any component or any arm or service of any 283 
thereof, including any female auxiliary of any thereof, and any 284 
person whose duties require his or her presence with the Armed 285 
Forces of the United States, as herein designated, or otherwise 286 
designated by law or military or naval command, may acknowledge 287 
any instrument, wherever located, either within or without the 288 
state, or without the United States, before any commissioned 289 
officer in active service of the Armed Forces of the United 290 
States, as herein designated, or otherwise designated by law, or 291 
military or naval command, or order, with the rank of second 292 
lieutenant or higher in the Army , Air Force, Space Force, or 293 
Marine Corps, or of any component or any arm or service of any 294 
either thereof, including any female auxiliary of any thereof, 295 
or ensign or higher in th e Navy or United States Coast Guard, or 296 
of any component or any arm or service of either thereof, 297 
including any female auxiliary of any thereof. 298 
 Section 18.  Subsection (4) of section 718.113, Florida 299 
Statutes, is amended to read: 300     
 
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 718.113  Maintenance; limitation upon improvement; display 301 
of flag; hurricane shutters and protection; display of religious 302 
decorations.— 303 
 (4)  Any unit owner may display one portable, removable 304 
United States flag in a respectful way and, on Armed Forces Day, 305 
Memorial Day, Flag Day, Independence Day, and Veterans Day, may 306 
display in a respectful way portable, removable official flags, 307 
not larger than 4 1/2 feet by 6 feet, that represent the United 308 
States Army, Navy, Air Force, Marine Corps, Space Force, or 309 
Coast Guard, regardle ss of any declaration rules or requirements 310 
dealing with flags or decorations. 311 
 Section 19.  Paragraph (a) of subsection (2) of section 312 
720.304, Florida Statutes, is amended to read: 313 
 720.304  Right of owners to peaceably assemble; display of 314 
flag; SLAPP suits prohibited.— 315 
 (2)(a)  Any homeowner may display one portable, removable 316 
United States flag or official flag of the State of Florida in a 317 
respectful manner, and one portable, removable official flag, in 318 
a respectful manner, not larger than 4 1/2 feet by 6 feet, which 319 
represents the United States Army, Navy, Air Force, Marine 320 
Corps, Space Force, or Coast Guard, or a POW -MIA flag, 321 
regardless of any covenants, restrictions, bylaws, rules, or 322 
requirements of the association. 323 
 Section 20.  Paragraph (a) of subsection (3) of section 324 
790.25, Florida Statutes, is amended to read: 325     
 
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 790.25  Lawful ownership, possession, and use of firearms 326 
and other weapons.— 327 
 (3)  LAWFUL USES.—The provisions of ss. 790.053 and 790.06 328 
do not apply in the following instances, a nd, despite such 329 
sections, it is lawful for the following persons to own, 330 
possess, and lawfully use firearms and other weapons, 331 
ammunition, and supplies for lawful purposes: 332 
 (a)  Members of the Militia, National Guard, Florida State 333 
Defense Force, Army, N avy, Air Force, Marine Corps, Space Force, 334 
Coast Guard, organized reserves, and other armed forces of the 335 
state and of the United States, when on duty, when training or 336 
preparing themselves for military duty, or while subject to 337 
recall or mobilization; 338 
 Section 21.  Paragraph (a) of subsection (1) of section 339 
817.312, Florida Statutes, is amended to read: 340 
 817.312  Unlawful use of uniforms, medals, or insignia. — 341 
 (1)(a)  A person may not: 342 
 1.  Misrepresent himself or herself as a member or veteran 343 
of the United States Air Force, United States Army, United 344 
States Coast Guard, United States Marine Corps, United States 345 
Navy, United States Space Force, or National Guard; or 346 
 2.  Wear the uniform of or any medal or insignia authorized 347 
for use by members or veter ans of the United States Air Force, 348 
United States Army, United States Coast Guard, United States 349 
Marine Corps, United States Navy, or the National Guard which he 350     
 
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or she is not authorized to wear 351 
 352 
while soliciting for charitable contributions or for the pur pose 353 
of material gain, including, but not limited to, obtaining 354 
employment or public office resulting in receiving compensation. 355 
 Section 22.  Contingent upon HB 153 or similar legislation 356 
extending the repeal date of the Interstate Compact on 357 
Educational Opportunity for Military Children taking effect, 358 
section 1000.36, Florida Statutes, is amended to read: 359 
 1000.36  Interstate Compact on Educational Opportunity for 360 
Military Children.—The Governor is authorized and directed to 361 
execute the Interstate Compact on Educational Opportunity for 362 
Military Children on behalf of this state with any other state 363 
or states legally joining therein in the form substantially as 364 
follows: 365 
Interstate Compact on Educational 366 
Opportunity for Military Children 367 
ARTICLE I 368 
 PURPOSE.—It is the purpose of this compact to remove 369 
barriers to educational success imposed on children of military 370 
families because of frequent moves and deployment of their 371 
parents by: 372 
 A.  Facilitating the timely enrollment of children of 373 
military families and ensuring that they are not placed at a 374 
disadvantage due to difficulty in the transfer of education 375     
 
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records from the previous school district or variations in 376 
entrance or age requirements. 377 
 B.  Facilitating the student placement process through 378 
which children of military families are not disadvantaged by 379 
variations in attendance requirements, scheduling, sequencing, 380 
grading, course content, or assessment. 381 
 C.  Facilitating the qualification and eligibility for 382 
enrollment, educational programs, and participation in 383 
extracurricular academic, athletic, and social activities. 384 
 D.  Facilitating the on -time graduation of children of 385 
military families. 386 
 E.  Providing for the adoption and enforcement of 387 
administrative rules implementing this compact. 388 
 F.  Providing for the uniform collection and sharing of 389 
information between and among member states, schools, and 390 
military families under this compact. 391 
 G.  Promoting coordination between this compact and other 392 
compacts affecting military children. 393 
 H.  Promoting flexibility and cooperation between the 394 
educational system, parents, and the student in order to achieve 395 
educational success for the student. 396 
ARTICLE II 397 
 DEFINITIONS.—As used in this compact, unless the context 398 
clearly requires a different construction , the term: 399 
 A.  "Active duty" means the full -time duty status in the 400     
 
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active uniformed service of the United States, including members 401 
of the National Guard and Reserve on active duty orders pursuant 402 
to 10 U.S.C. ss. 1209 and 1211. 403 
 B.  "Children of milita ry families" means school -aged 404 
children, enrolled in kindergarten through 12th grade, in the 405 
household of an active -duty member. 406 
 C.  "Compact commissioner" means the voting representative 407 
of each compacting state appointed under Article VIII of this 408 
compact. 409 
 D.  "Deployment" means the period 1 month before the 410 
service members' departure from their home station on military 411 
orders through 6 months after return to their home station. 412 
 E.  "Educational records" or "education records" means 413 
those official records, files, and data directly related to a 414 
student and maintained by the school or local education agency, 415 
including, but not limited to, records encompassing all the 416 
material kept in the student's cumulative folder such as general 417 
identifying data, record s of attendance and of academic work 418 
completed, records of achievement and results of evaluative 419 
tests, health data, disciplinary status, test protocols, and 420 
individualized education programs. 421 
 F.  "Extracurricular activities" means a voluntary activity 422 
sponsored by the school or local education agency or an 423 
organization sanctioned by the local education agency. 424 
Extracurricular activities include, but are not limited to, 425     
 
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preparation for and involvement in public performances, 426 
contests, athletic competitions , demonstrations, displays, and 427 
club activities. 428 
 G.  "Interstate Commission on Educational Opportunity for 429 
Military Children" means the commission that is created under 430 
Article IX of this compact, which is generally referred to as 431 
the Interstate Commissio n. 432 
 H.  "Local education agency" means a public authority 433 
legally constituted by the state as an administrative agency to 434 
provide control of, and direction for, kindergarten through 12th 435 
grade public educational institutions. 436 
 I.  "Member state" means a st ate that has enacted this 437 
compact. 438 
 J.  "Military installation" means a base, camp, post, 439 
station, yard, center, homeport facility for any ship, or other 440 
activity under the jurisdiction of the Department of Defense, 441 
including any leased facility, which is located within any of 442 
the several states, the District of Columbia, the Commonwealth 443 
of Puerto Rico, the United States Virgin Islands, Guam, American 444 
Samoa, the Northern Mariana Islands, and any other United States 445 
Territory. The term does not include any facility used primarily 446 
for civil works, rivers and harbors projects, or flood control 447 
projects. 448 
 K.  "Nonmember state" means a state that has not enacted 449 
this compact. 450     
 
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 L.  "Receiving state" means the state to which a child of a 451 
military family is sent, b rought, or caused to be sent or 452 
brought. 453 
 M.  "Rule" means a written statement by the Interstate 454 
Commission adopted under Article XII of this compact which is of 455 
general applicability, implements, interprets, or prescribes a 456 
policy or provision of the comp act, or an organizational, 457 
procedural, or practice requirement of the Interstate 458 
Commission, and has the force and effect of statutory law in a 459 
member state, and includes the amendment, repeal, or suspension 460 
of an existing rule. 461 
 N.  "Sending state" means the state from which a child of a 462 
military family is sent, brought, or caused to be sent or 463 
brought. 464 
 O.  "State" means a state of the United States, the 465 
District of Columbia, the Commonwealth of Puerto Rico, the 466 
United States Virgin Islands, Guam, America n Samoa, the Northern 467 
Mariana Islands, and any other United States Territory. 468 
 P.  "Student" means the child of a military family for whom 469 
the local education agency receives public funding and who is 470 
formally enrolled in kindergarten through 12th grade. 471 
 Q.  "Transition" means: 472 
 1.  The formal and physical process of transferring from 473 
school to school; or 474 
 2.  The period of time in which a student moves from one 475     
 
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school in the sending state to another school in the receiving 476 
state. 477 
 R.  "Uniformed services" means the Army, Navy, Air Force, 478 
Space Force, Marine Corps, Coast Guard as well as the 479 
Commissioned Corps of the National Oceanic and Atmospheric 480 
Administration, and Public Health Services. 481 
 S.  "Veteran" means a person who served in the uniformed 482 
services and who was discharged or released therefrom under 483 
conditions other than dishonorable. 484 
ARTICLE III 485 
 APPLICABILITY.— 486 
 A.  Except as otherwise provided in Section C, this compact 487 
applies to the children of: 488 
 1.  Active duty members of the uniformed service s, 489 
including members of the National Guard and Reserve on active -490 
duty orders pursuant to 10 U.S.C. ss. 1209 and 1211; 491 
 2.  Members or veterans of the uniformed services who are 492 
severely injured and medically discharged or retired for a 493 
period of 1 year aft er medical discharge or retirement; and 494 
 3.  Members of the uniformed services who die on active 495 
duty or as a result of injuries sustained on active duty for a 496 
period of 1 year after death. 497 
 B.  This interstate compact applies to local education 498 
agencies. 499 
 C.  This compact does not apply to the children of: 500     
 
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 1.  Inactive members of the National Guard and military 501 
reserves; 502 
 2.  Members of the uniformed services now retired, except 503 
as provided in Section A; 504 
 3.  Veterans of the uniformed services, except as provided 505 
in Section A; and 506 
 4.  Other United States Department of Defense personnel and 507 
other federal agency civilian and contract employees not defined 508 
as active-duty members of the uniformed services. 509 
ARTICLE IV 510 
 EDUCATIONAL RECORDS AND ENROLLMENT. — 511 
 A.  If a child's official education records cannot be 512 
released to the parents for the purpose of transfer, the 513 
custodian of the records in the sending state shall prepare and 514 
furnish to the parent a complete set of unofficial educational 515 
records containing un iform information as determined by the 516 
Interstate Commission. Upon receipt of the unofficial education 517 
records by a school in the receiving state, that school shall 518 
enroll and appropriately place the student based on the 519 
information provided in the unoffic ial records pending 520 
validation by the official records, as quickly as possible. 521 
 B.  Simultaneous with the enrollment and conditional 522 
placement of the student, the school in the receiving state 523 
shall request the student's official education record from the 524 
school in the sending state. Upon receipt of the request, the 525     
 
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school in the sending state shall process and furnish the 526 
official education records to the school in the receiving state 527 
within 10 days or within such time as is reasonably determined 528 
under the rules adopted by the Interstate Commission. 529 
 C.  Compact states must give 30 days from the date of 530 
enrollment or within such time as is reasonably determined under 531 
the rules adopted by the Interstate Commission for students to 532 
obtain any immunization req uired by the receiving state. For a 533 
series of immunizations, initial vaccinations must be obtained 534 
within 30 days or within such time as is reasonably determined 535 
under the rules promulgated by the Interstate Commission. 536 
 D.  Students shall be allowed to co ntinue their enrollment 537 
at grade level in the receiving state commensurate with their 538 
grade level, including kindergarten, from a local education 539 
agency in the sending state at the time of transition, 540 
regardless of age. A student who has satisfactorily com pleted 541 
the prerequisite grade level in the local education agency in 542 
the sending state is eligible for enrollment in the next highest 543 
grade level in the receiving state, regardless of age. A student 544 
transferring after the start of the school year in the re ceiving 545 
state shall enter the school in the receiving state on their 546 
validated level from an accredited school in the sending state. 547 
ARTICLE V 548 
 PLACEMENT AND ATTENDANCE. — 549 
 A.  If a student transfers before or during the school 550     
 
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year, the receiving state school shall initially honor placement 551 
of the student in educational courses based on the student's 552 
enrollment in the sending state school or educational 553 
assessments conducted at the school in the sending state if the 554 
courses are offered. Course placement includes, but is not 555 
limited to, Honors, International Baccalaureate, Advanced 556 
Placement, vocational, technical, and career pathways courses. 557 
Continuing the student's academic program from the previous 558 
school and promoting placement in academically and car eer 559 
challenging courses should be paramount when considering 560 
placement. A school in the receiving state is not precluded from 561 
performing subsequent evaluations to ensure appropriate 562 
placement and continued enrollment of the student in the 563 
courses. 564 
 B.  The receiving state school must initially honor 565 
placement of the student in educational programs based on 566 
current educational assessments conducted at the school in the 567 
sending state or participation or placement in like programs in 568 
the sending state. Such pr ograms include, but are not limited 569 
to: 570 
 1.  Gifted and talented programs; and 571 
 2.  English as a second language (ESL). 572 
A school in the receiving state is not precluded from performing 573 
subsequent evaluations to ensure appropriate placement and 574 
continued enrollment of the student in the courses. 575     
 
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 C.  A receiving state must initially provide comparable 576 
services to a student with disabilities based on his or her 577 
current individualized education program (IEP) in compliance 578 
with the requirements of the Individua ls with Disabilities 579 
Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving 580 
state must make reasonable accommodations and modifications to 581 
address the needs of incoming students with disabilities, 582 
subject to an existing section 504 or title II plan, to provide 583 
the student with equal access to education, in compliance with 584 
the provisions of Section 504 of the Rehabilitation Act, 29 585 
U.S.C.A. s. 794, and with title II of the Americans with 586 
Disabilities Act, 42 U.S.C. ss. 12131 -12165. A school in the 587 
receiving state is not precluded from performing subsequent 588 
evaluations to ensure appropriate placement and continued 589 
enrollment of the student in the courses. 590 
 D.  Local education agency administrative officials may 591 
waive course or program prerequisites, or o ther preconditions 592 
for placement in courses or programs offered under the 593 
jurisdiction of the local education agency. 594 
 E.  A student whose parent or legal guardian is an active -595 
duty member of the uniformed services and has been called to 596 
duty for, is on leave from, or immediately returned from 597 
deployment to, a combat zone or combat support posting shall be 598 
granted additional excused absences at the discretion of the 599 
local education agency superintendent to visit with his or her 600     
 
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parent or legal guardian rela tive to such leave or deployment of 601 
the parent or guardian. 602 
ARTICLE VI 603 
 ELIGIBILITY.— 604 
 A.  When considering the eligibility of a child for 605 
enrolling in a school: 606 
 1.  A special power of attorney relative to the 607 
guardianship of a child of a military family and executed under 608 
applicable law is sufficient for the purposes of enrolling the 609 
child in school and for all other actions requiring parental 610 
participation and consent. 611 
 2.  A local education agency is prohibited from charging 612 
local tuition to a transitio ning military child placed in the 613 
care of a noncustodial parent or other person standing in loco 614 
parentis who lives in a school's jurisdiction different from 615 
that of the custodial parent. 616 
 3.  A transitioning military child, placed in the care of a 617 
noncustodial parent or other person standing in loco parentis 618 
who lives in a school's jurisdiction different from that of the 619 
custodial parent, may continue to attend the school in which he 620 
or she was enrolled while residing with the custodial parent. 621 
 B.  State and local education agencies must facilitate the 622 
opportunity for transitioning military children's inclusion in 623 
extracurricular activities, regardless of application deadlines, 624 
to the extent they are otherwise qualified. 625     
 
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ARTICLE VII 626 
 GRADUATION.—In order to facilitate the on-time graduation 627 
of children of military families, states and local education 628 
agencies shall incorporate the following procedures: 629 
 A.  Local education agency administrative officials shall 630 
waive specific courses required for graduation if similar 631 
coursework has been satisfactorily completed in another local 632 
education agency or shall provide reasonable justification for 633 
denial. If a waiver is not granted to a student who would 634 
qualify to graduate from the sending school, the local educati on 635 
agency must provide an alternative means of acquiring required 636 
coursework so that graduation may occur on time. 637 
 B.  States shall accept exit or end -of-course exams 638 
required for graduation from the sending state; national norm -639 
referenced achievement tes ts; or alternative testing, in lieu of 640 
testing requirements for graduation in the receiving state. If 641 
these alternatives cannot be accommodated by the receiving state 642 
for a student transferring in his or her senior year, then the 643 
provisions of Article VII, Section C shall apply. 644 
 C.  If a military student transfers at the beginning of or 645 
during his or her senior year and is not eligible to graduate 646 
from the receiving local education agency after all alternatives 647 
have been considered, the sending and receivi ng local education 648 
agencies must ensure the receipt of a diploma from the sending 649 
local education agency, if the student meets the graduation 650     
 
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requirements of the sending local education agency. If one of 651 
the states in question is not a member of this compa ct, the 652 
member state shall use its best efforts to facilitate the on -653 
time graduation of the student in accordance with Sections A and 654 
B of this Article. 655 
ARTICLE VIII 656 
 STATE COORDINATION.—Each member state shall, through the 657 
creation of a state council or u se of an existing body or board, 658 
provide for the coordination among its agencies of government, 659 
local education agencies, and military installations concerning 660 
the state's participation in, and compliance with, this compact 661 
and Interstate Commission activi ties. 662 
 A.  Each member state may determine the membership of its 663 
own state council, but the membership must include at least: the 664 
state superintendent of education, the superintendent of a 665 
school district that has a high concentration of military 666 
children, a representative from a military installation, one 667 
representative each from the legislative and executive branches 668 
of government, and other offices and stakeholder groups the 669 
state council deems appropriate. A member state that does not 670 
have a school district deemed to contain a high concentration of 671 
military children may appoint a superintendent from another 672 
school district to represent local education agencies on the 673 
state council. 674 
 B.  The state council of each member state shall appoint or 675     
 
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designate a military family education liaison to assist military 676 
families and the state in facilitating the implementation of 677 
this compact. 678 
 C.  The compact commissioner responsible for the 679 
administration and management of the state's participation in 680 
the compact shall be appointed by the Governor or as otherwise 681 
determined by each member state. 682 
 D.  The compact commissioner and the military family 683 
education liaison shall be ex officio members of the state 684 
council, unless either is already a full voting member of the 685 
state council. 686 
ARTICLE IX 687 
 INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR 688 
MILITARY CHILDREN.—The member states hereby create the 689 
"Interstate Commission on Educational Opportunity for Military 690 
Children." The activities of the Interstate Commission are the 691 
formation of public policy and are a discretionary state 692 
function. The Interstate Commission shall: 693 
 A.  Be a body corporate and joint agency of the member 694 
states and shall have all the responsibilities, powers, and 695 
duties set forth herein, and such additional powers as may be 696 
conferred upon it by a subsequent concurrent action of the 697 
respective legislatures of the member states in accordance with 698 
the terms of this compact. 699 
 B.  Consist of one Interstate Commission voting 700     
 
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representative from each memb er state who shall be that state's 701 
compact commissioner. 702 
 1.  Each member state represented at a meeting of the 703 
Interstate Commission is entitled to one vote. 704 
 2.  A majority of the total member states shall constitute 705 
a quorum for the transaction of busin ess, unless a larger quorum 706 
is required by the bylaws of the Interstate Commission. 707 
 3.  A representative shall not delegate a vote to another 708 
member state. In the event the compact commissioner is unable to 709 
attend a meeting of the Interstate Commission, t he Governor or 710 
state council may delegate voting authority to another person 711 
from their state for a specified meeting. 712 
 4.  The bylaws may provide for meetings of the Interstate 713 
Commission to be conducted by telecommunication or electronic 714 
communication. 715 
 C.  Consist of ex officio, nonvoting representatives who 716 
are members of interested organizations. The ex officio members, 717 
as defined in the bylaws, may include, but not be limited to, 718 
members of the representative organizations of military family 719 
advocates, local education agency officials, parent and teacher 720 
groups, the United States Department of Defense, the Education 721 
Commission of the States, the Interstate Agreement on the 722 
Qualification of Educational Personnel, and other interstate 723 
compacts affecting the education of children of military 724 
members. 725     
 
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 D.  Meet at least once each calendar year. The chairperson 726 
may call additional meetings and, upon the request of a simple 727 
majority of the member states, shall call additional meetings. 728 
 E.  Establish an execu tive committee, whose members shall 729 
include the officers of the Interstate Commission and such other 730 
members of the Interstate Commission as determined by the 731 
bylaws. Members of the executive committee shall serve a 1 -year 732 
term. Members of the executive co mmittee are entitled to one 733 
vote each. The executive committee shall have the power to act 734 
on behalf of the Interstate Commission, with the exception of 735 
rulemaking, during periods when the Interstate Commission is not 736 
in session. The executive committee sh all oversee the day-to-day 737 
activities of the administration of the compact, including 738 
enforcement and compliance with the compact, its bylaws and 739 
rules, and other such duties as deemed necessary. The United 740 
States Department of Defense shall serve as an ex officio, 741 
nonvoting member of the executive committee. 742 
 F.  The Interstate Commission shall collect standardized 743 
data concerning the educational transition of the children of 744 
military families under this compact as directed through its 745 
rules which shall sp ecify the data to be collected, the means of 746 
collection and data exchange, and reporting requirements. The 747 
methods of data collection, exchange, and reporting shall, 748 
insofar as is reasonably possible, conform to current technology 749 
and coordinate its inform ation functions with the appropriate 750     
 
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custodian of records as identified in the bylaws and rules. 751 
 G.  The Interstate Commission shall create a procedure that 752 
permits military officials, education officials, and parents to 753 
inform the Interstate Commission i f and when there are alleged 754 
violations of the compact or its rules or when issues subject to 755 
the jurisdiction of the compact or its rules are not addressed 756 
by the state or local education agency. This section does not 757 
create a private right of action agai nst the Interstate 758 
Commission or any member state. 759 
ARTICLE X 760 
 POWERS AND DUTIES OF THE INTERSTATE COMMISSION. —The 761 
Interstate Commission has the power to: 762 
 A.  Provide for dispute resolution among member states. 763 
 B.  Adopt rules and take all necessary actio ns to effect 764 
the goals, purposes, and obligations as enumerated in this 765 
compact. The rules have the force and effect of statutory law 766 
and are binding in the compact states to the extent and in the 767 
manner provided in this compact. 768 
 C.  Issue, upon request o f a member state, advisory 769 
opinions concerning the meaning or interpretation of the 770 
interstate compact, its bylaws, rules, and actions. 771 
 D.  Enforce compliance with the compact provisions, the 772 
rules adopted by the Interstate Commission, and the bylaws, 773 
using all necessary and proper means, including, but not limited 774 
to, the use of judicial process. 775     
 
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 E.  Establish and maintain offices that shall be located 776 
within one or more of the member states. 777 
 F.  Purchase and maintain insurance and bonds. 778 
 G.  Borrow, accept, hire, or contract for services of 779 
personnel. 780 
 H.  Establish and appoint committees, including, but not 781 
limited to, an executive committee as required by Article IX, 782 
Section E, which shall have the power to act on behalf of the 783 
Interstate Commission in carrying out its powers and duties 784 
hereunder. 785 
 I.  Elect or appoint such officers, attorneys, employees, 786 
agents, or consultants, and to fix their compensation, define 787 
their duties, and determine their qualifications; and to 788 
establish the Interstate Comm ission's personnel policies and 789 
programs relating to conflicts of interest, rates of 790 
compensation, and qualifications of personnel. 791 
 J.  Accept any and all donations and grants of money, 792 
equipment, supplies, materials, and services, and to receive, 793 
utilize, and dispose of it. 794 
 K.  Lease, purchase, accept contributions or donations of, 795 
or otherwise to own, hold, improve, or use any property, real, 796 
personal, or mixed. 797 
 L.  Sell, convey, mortgage, pledge, lease, exchange, 798 
abandon, or otherwise dispose of any p roperty, real, personal, 799 
or mixed. 800     
 
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 M.  Establish a budget and make expenditures. 801 
 N.  Adopt a seal and bylaws governing the management and 802 
operation of the Interstate Commission. 803 
 O.  Report annually to the legislatures, governors, 804 
judiciary, and state co uncils of the member states concerning 805 
the activities of the Interstate Commission during the preceding 806 
year. Such reports shall also include any recommendations that 807 
may have been adopted by the Interstate Commission. 808 
 P.  Coordinate education, training, and public awareness 809 
regarding the compact, its implementation, and operation for 810 
officials and parents involved in such activity. 811 
 Q.  Establish uniform standards for the reporting, 812 
collecting, and exchanging of data. 813 
 R.  Maintain corporate books and rec ords in accordance with 814 
the bylaws. 815 
 S.  Perform such functions as may be necessary or 816 
appropriate to achieve the purposes of this compact. 817 
 T.  Provide for the uniform collection and sharing of 818 
information between and among member states, schools, and 819 
military families under this compact. 820 
ARTICLE XI 821 
 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION. — 822 
 A.  The Interstate Commission shall, by a majority of the 823 
members present and voting, within 12 months after the first 824 
Interstate Commission meeting, adopt bylaws to govern its 825     
 
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conduct as may be necessary or appropriate to carry out the 826 
purposes of the compact, including, but not limited to: 827 
 1.  Establishing the fiscal year of the Interstate 828 
Commission; 829 
 2.  Establishing an executive committee and such other 830 
committees as may be necessary; 831 
 3.  Providing for the establishment of committees and for 832 
governing any general or specific delegation of authority or 833 
function of the Interstate Commission; 834 
 4.  Providing reasonable procedures for calling and 835 
conducting meetings of the Interstate Commission and ensuring 836 
reasonable notice of each such meeting; 837 
 5.  Establishing the titles and responsibilities of the 838 
officers and staff of the Interstate Commission; 839 
 6.  Providing a mechanism for concluding the operati ons of 840 
the Interstate Commission and the return of surplus funds that 841 
may exist upon the termination of the compact after the payment 842 
and reserving of all of its debts and obligations. 843 
 7.  Providing "start up" rules for initial administration 844 
of the compact. 845 
 B.  The Interstate Commission shall, by a majority of the 846 
members, elect annually from among its members a chairperson, a 847 
vice chairperson, and a treasurer, each of whom shall have such 848 
authority and duties as may be specified in the bylaws. The 849 
chairperson or, in the chairperson's absence or disability, the 850     
 
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vice chairperson shall preside at all meetings of the Interstate 851 
Commission. The officers so elected shall serve without 852 
compensation or remuneration from the Interstate Commission; 853 
provided that, subject to the availability of budgeted funds, 854 
the officers shall be reimbursed for ordinary and necessary 855 
costs and expenses incurred by them in the performance of their 856 
responsibilities as officers of the Interstate Commission. 857 
 C.  The executive committ ee has the authority and duties as 858 
may be set forth in the bylaws, including, but not limited to: 859 
 1.  Managing the affairs of the Interstate Commission in a 860 
manner consistent with the bylaws and purposes of the Interstate 861 
Commission; 862 
 2.  Overseeing an or ganizational structure within, and 863 
appropriate procedures for, the Interstate Commission to provide 864 
for the adoption of rules, operating procedures, and 865 
administrative and technical support functions; and 866 
 3.  Planning, implementing, and coordinating commu nications 867 
and activities with other state, federal, and local government 868 
organizations in order to advance the goals of the Interstate 869 
Commission. 870 
 D.  The executive committee may, subject to the approval of 871 
the Interstate Commission, appoint or retain an executive 872 
director for such period, upon such terms and conditions and for 873 
such compensation, as the Interstate Commission may deem 874 
appropriate. The executive director shall serve as secretary to 875     
 
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the Interstate Commission but is not a member of the Interst ate 876 
Commission. The executive director shall hire and supervise such 877 
other persons as may be authorized by the Interstate Commission. 878 
 E.  The Interstate Commission's executive director and its 879 
employees are immune from suit and liability, either personall y 880 
or in their official capacity, for a claim for damage to or loss 881 
of property or personal injury or other civil liability caused 882 
or arising out of, or relating to, an actual or alleged act, 883 
error, or omission that occurred, or that such person had a 884 
reasonable basis for believing occurred, within the scope of 885 
Interstate Commission employment, duties, or responsibilities, 886 
provided that the person is not protected from suit or liability 887 
for damage, loss, injury, or liability caused by the intentional 888 
or willful and wanton misconduct of the person. 889 
 1.  The liability of the Interstate Commission's executive 890 
director and employees or Interstate Commission representatives, 891 
acting within the scope of the person's employment or duties, 892 
for acts, errors, or omissio ns occurring within the person's 893 
state may not exceed the limits of liability set forth under the 894 
constitution and laws of that state for state officials, 895 
employees, and agents. The Interstate Commission is considered 896 
to be an instrumentality of the states for the purposes of any 897 
such action. This subsection does not protect the person from 898 
suit or liability for damage, loss, injury, or liability caused 899 
by the intentional or willful and wanton misconduct of the 900     
 
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person. 901 
 2.  The Interstate Commission shall d efend the executive 902 
director and its employees and, subject to the approval of the 903 
Attorney General or other appropriate legal counsel of the 904 
member state represented by an Interstate Commission 905 
representative, shall defend an Interstate Commission 906 
representative in any civil action seeking to impose liability 907 
arising out of an actual or alleged act, error, or omission that 908 
occurred within the scope of Interstate Commission employment, 909 
duties, or responsibilities, or that the defendant had a 910 
reasonable basis for believing occurred within the scope of 911 
Interstate Commission employment, duties, or responsibilities, 912 
provided that the actual or alleged act, error, or omission did 913 
not result from intentional or willful and wanton misconduct on 914 
the part of the pers on. 915 
 3.  To the extent not covered by the state involved, a 916 
member state, the Interstate Commission, and the representatives 917 
or employees of the Interstate Commission shall be held harmless 918 
in the amount of a settlement or judgment, including attorney's 919 
fees and costs, obtained against a person arising out of an 920 
actual or alleged act, error, or omission that occurred within 921 
the scope of Interstate Commission employment, duties, or 922 
responsibilities, or that the person had a reasonable basis for 923 
believing occurred within the scope of Interstate Commission 924 
employment, duties, or responsibilities, provided that the 925     
 
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actual or alleged act, error, or omission did not result from 926 
intentional or willful and wanton misconduct on the part of the 927 
person. 928 
ARTICLE XII 929 
 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. —The 930 
Interstate Commission shall adopt rules to effectively and 931 
efficiently implement this act to achieve the purposes of this 932 
compact. 933 
 A.  If the Interstate Commission exercises its rulemaking 934 
authority in a manner that is beyond the scope of the purposes 935 
of this act, or the powers granted hereunder, the action 936 
undertaken by the Interstate Commission is invalid and has no 937 
force or effect. 938 
 B.  Rules must be adopted pursuant to a rulemaking process 939 
that substantially conforms to the "Model State Administrative 940 
Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 941 
1 (2000) as amended, as may be appropriate to the operations of 942 
the Interstate Commission. 943 
 C.  No later than 30 days after a rule is adopted, a person 944 
may file a petition for judicial review of the rule. The filing 945 
of the petition does not stay or otherwise prevent the rule from 946 
becoming effective unless a court finds that the petitioner has 947 
a substantial likelihood of success on the m erits of the 948 
petition. The court shall give deference to the actions of the 949 
Interstate Commission consistent with applicable law and shall 950     
 
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not find the rule to be unlawful if the rule represents a 951 
reasonable exercise of the Interstate Commission's authorit y. 952 
 D.  If a majority of the legislatures of the compacting 953 
states rejects a rule by enactment of a statute or resolution in 954 
the same manner used to adopt the compact, then the rule is 955 
invalid and has no further force and effect in any compacting 956 
state. 957 
ARTICLE XIII 958 
 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION. — 959 
 A.  The executive, legislative, and judicial branches of 960 
state government in each member state shall enforce this compact 961 
and shall take all actions necessary and appropriate to 962 
effectuate the compact's purposes and intent. The provisions of 963 
this compact and the rules adopted under it have the force and 964 
effect of statutory law. 965 
 B.  All courts shall take judicial notice of the compact 966 
and its adopted rules in any judicial or administrative 967 
proceeding in a member state pertaining to the subject matter of 968 
this compact which may affect the powers, responsibilities, or 969 
actions of the Interstate Commission. 970 
 C.  The Interstate Commission is entitled to receive all 971 
service of process in any such proceed ing, and has standing to 972 
intervene in the proceeding for all purposes. Failure to provide 973 
service of process to the Interstate Commission renders a 974 
judgment or order void as to the Interstate Commission, this 975     
 
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compact, or its adopted rules. 976 
 D.  If the Interstate Commission determines that a member 977 
state has defaulted in the performance of its obligations or 978 
responsibilities under this compact, or the bylaws or the 979 
adopted rules, the Interstate Commission shall: 980 
 1.  Provide written notice to the defaulting state and 981 
other member states of the nature of the default, the means of 982 
curing the default, and any action taken by the Interstate 983 
Commission. The Interstate Commission must specify the 984 
conditions by which the defaulting state must cure its default. 985 
 2.  Provide remedial training and specific technical 986 
assistance regarding the default. 987 
 3.  If the defaulting state fails to cure the default, 988 
terminate the defaulting state from the compact upon an 989 
affirmative vote of a majority of the member states and all 990 
rights, privileges, and benefits conferred by this compact shall 991 
be terminated from the effective date of termination. A cure of 992 
the default does not relieve the offending state of obligations 993 
or liabilities incurred during the period of the default. 994 
 E.  Suspension or termination of membership in the compact 995 
may not be imposed on a member until all other means of securing 996 
compliance have been exhausted. Notice of the intent to suspend 997 
or terminate membership must be given by the Interstate 998 
Commission to the Governor, the majority and minority leaders of 999 
the defaulting state's legislature, and each of the member 1000     
 
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states. 1001 
 F.  A state that has been suspended or terminated is 1002 
responsible for all assessments, obligations, and liabilities 1003 
incurred through the effe ctive date of suspension or 1004 
termination, including obligations, the performance of which 1005 
extends beyond the effective date of suspension or termination. 1006 
 G.  The remaining member states of the Interstate 1007 
Commission do not bear any costs arising from a stat e that has 1008 
been found to be in default or that has been suspended or 1009 
terminated from the compact, unless otherwise mutually agreed 1010 
upon in writing between the Interstate Commission and the 1011 
defaulting state. 1012 
 H.  A defaulting state may appeal the action of the 1013 
Interstate Commission by petitioning the United States District 1014 
Court for the District of Columbia or the federal district where 1015 
the Interstate Commission has its principal offices. The 1016 
prevailing party shall be awarded all costs of such litigation, 1017 
including reasonable attorney's fees. 1018 
 I.  The Interstate Commission shall attempt, upon the 1019 
request of a member state, to resolve disputes that are subject 1020 
to the compact and that may arise among member states and 1021 
between member and nonmember states. The In terstate Commission 1022 
shall promulgate a rule providing for both mediation and binding 1023 
dispute resolution for disputes as appropriate. 1024 
 1.  The Interstate Commission, in the reasonable exercise 1025     
 
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of its discretion, shall enforce the provisions and rules of 1026 
this compact. 1027 
 2.  The Interstate Commission may, by majority vote of the 1028 
members, initiate legal action in the United States District 1029 
Court for the District of Columbia or, at the discretion of the 1030 
Interstate Commission, in the federal district where the 1031 
Interstate Commission has its principal offices to enforce 1032 
compliance with the provisions of the compact, or its 1033 
promulgated rules and bylaws, against a member state in default. 1034 
The relief sought may include both injunctive relief and 1035 
damages. In the event ju dicial enforcement is necessary, the 1036 
prevailing party shall be awarded all costs of such litigation, 1037 
including reasonable attorney's fees. 1038 
 3.  The remedies herein are not the exclusive remedies of 1039 
the Interstate Commission. The Interstate Commission may a vail 1040 
itself of any other remedies available under state law or the 1041 
regulation of a profession. 1042 
ARTICLE XIV 1043 
 FINANCING OF THE INTERSTATE COMMISSION. — 1044 
 A.  The Interstate Commission shall pay, or provide for the 1045 
payment of, the reasonable expenses of its est ablishment, 1046 
organization, and ongoing activities. 1047 
 B.  The Interstate Commission may levy on and collect an 1048 
annual assessment from each member state to cover the cost of 1049 
the operations and activities of the Interstate Commission and 1050     
 
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its staff which must be in a total amount sufficient to cover 1051 
the Interstate Commission's annual budget as approved each year. 1052 
The aggregate annual assessment amount shall be allocated based 1053 
upon a formula to be determined by the Interstate Commission, 1054 
which shall adopt a rule b inding upon all member states. 1055 
 C.  The Interstate Commission may not incur any obligation 1056 
of any kind before securing the funds adequate to meet the 1057 
obligation and the Interstate Commission may not pledge the 1058 
credit of any of the member states, except by and with the 1059 
permission of the member state. 1060 
 D.  The Interstate Commission shall keep accurate accounts 1061 
of all receipts and disbursements. The receipts and 1062 
disbursements of the Interstate Commission are subject to audit 1063 
and accounting procedures establish ed under its bylaws. However, 1064 
all receipts and disbursements of funds handled by the 1065 
Interstate Commission shall be audited yearly by a certified or 1066 
licensed public accountant, and the report of the audit shall be 1067 
included in and become part of the annual report of the 1068 
Interstate Commission. 1069 
ARTICLE XV 1070 
 MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. — 1071 
 A.  Any state is eligible to become a member state. 1072 
 B.  The compact shall take effect and be binding upon 1073 
legislative enactment of the compact into law by not less than 1074 
10 of the states. The effective date shall be no earlier than 1075     
 
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December 1, 2007. Thereafter, it shall become effective and 1076 
binding as to any other member state upon enactment of the 1077 
compact into law by that state. The governors of nonmember 1078 
states or their designees shall be invited to participate in the 1079 
activities of the Interstate Commission on a nonvoting basis 1080 
before adoption of the compac t by all states. 1081 
 C.  The Interstate Commission may propose amendments to the 1082 
compact for enactment by the member states. An amendment does 1083 
not become effective and binding upon the Interstate Commission 1084 
and the member states until the amendment is enacted into law by 1085 
unanimous consent of the member states. 1086 
ARTICLE XVI 1087 
 WITHDRAWAL AND DISSOLUTION. — 1088 
 A.  Once in effect, the compact continues in force and 1089 
remains binding upon each and every member state, provided that 1090 
a member state may withdraw from the comp act, specifically 1091 
repealing the statute that enacted the compact into law. 1092 
 1.  Withdrawal from the compact occurs when a statute 1093 
repealing its membership is enacted by the state, but does not 1094 
take effect until 1 year after the effective date of the statut e 1095 
and until written notice of the withdrawal has been given by the 1096 
withdrawing state to the Governor of each other member state. 1097 
 2.  The withdrawing state must immediately notify the 1098 
chairperson of the Interstate Commission in writing upon the 1099 
introduction of legislation repealing this compact in the 1100     
 
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withdrawing state. The Interstate Commission shall notify the 1101 
other member states of the withdrawing state's intent to 1102 
withdraw within 60 days after its receipt thereof. 1103 
 3.  A withdrawing state is responsible for all assessments, 1104 
obligations, and liabilities incurred through the effective date 1105 
of withdrawal, including obligations, the performance of which 1106 
extend beyond the effective date of withdrawal. 1107 
 4.  Reinstatement following withdrawal of a member state 1108 
shall occur upon the withdrawing state reenacting the compact or 1109 
upon such later date as determined by the Interstate Commission. 1110 
 B.  This compact shall dissolve effective upon the date of 1111 
the withdrawal or default of the member state which reduces the 1112 
membership in the compact to one member state. 1113 
 C.  Upon the dissolution of this compact, the compact 1114 
becomes void and has no further force or effect, and the 1115 
business and affairs of the Interstate Commission shall be 1116 
concluded and surplus funds shall be dis tributed in accordance 1117 
with the bylaws. 1118 
ARTICLE XVII 1119 
 SEVERABILITY AND CONSTRUCTION. — 1120 
 A.  The provisions of this compact shall be severable, and 1121 
if any phrase, clause, sentence, or provision is deemed 1122 
unenforceable, the remaining provisions of the compact shall be 1123 
enforceable. 1124 
 B.  The provisions of this compact shall be liberally 1125     
 
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construed to effectuate its purposes. 1126 
 C.  This compact does not prohibit the applicability of 1127 
other interstate compacts to which the states are members. 1128 
ARTICLE XVIII 1129 
 BINDING EFFECT OF COMPACT AND OTHER LAWS. — 1130 
 A.  This compact does not prevent the enforcement of any 1131 
other law of a member state that is not inconsistent with this 1132 
compact. 1133 
 B.  All member states' laws conflicting with this compact 1134 
are superseded to the extent of t he conflict. 1135 
 C.  All lawful actions of the Interstate Commission, 1136 
including all rules and bylaws promulgated by the Interstate 1137 
Commission, are binding upon the member states. 1138 
 D.  All agreements between the Interstate Commission and 1139 
the member states are binding in accordance with their terms. 1140 
 E.  If any part of this compact exceeds the constitutional 1141 
limits imposed on the legislature of any member state, the 1142 
provision shall be ineffective to the extent of the conflict 1143 
with the constitutional provision in question in that member 1144 
state. 1145 
 Section 23.  Paragraph (b) of subsection (1) of section 1146 
1003.051, Florida Statutes, is amended to read: 1147 
 1003.051  Purple Star Campuses. — 1148 
 (1)  As used in this section, the term "military student" 1149 
means a student who is: 1150     
 
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 (b)  A dependent of a current member of the United States 1151 
military serving on active duty in, or a former member of, the 1152 
Army, Navy, Air Force, Space Force, Marine Corps, or Coast 1153 
Guard; a reserve component of any branch of the United States 1154 
military; or the Florida National Guard. 1155 
 Section 24.  For the purpose of incorporating the amendment 1156 
made by this act to section 250.01, Florida Statutes, in a 1157 
reference thereto, subsection (7) of section 373.324, Florida 1158 
Statutes, is reenacted to read: 1159 
 373.324  License renewal.— 1160 
 (7)  Notwithstanding the renewal requirements in subsection 1161 
(3) and s. 250.4815 for members of the Florida National Guard 1162 
and the United States Armed Forces Reserves, any active water 1163 
well contractor license issued under this part to a 1164 
servicemember as defined in s. 250.01 or his or her spouse, both 1165 
of whom reside in Florida, may not become inactive while the 1166 
servicemember is serving on military orders which take him or 1167 
her over 35 miles from his or her residence and shall be 1168 
considered an active license for up to 180 days after the 1169 
servicemember returns to his or her Florida residence. If the 1170 
license renewal requirements are met within the 180 -day 1171 
extension period, the servicemember or his or her spouse may not 1172 
be charged any additional c osts, such as, but not limited to, 1173 
late fees or delinquency fees, above the normal license fees. 1174 
This subsection does not waive renewal requirements such as 1175     
 
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registering, continuing education, and all associated fees. The 1176 
servicemember must present to the w ater management district 1177 
issuing the license a copy of his or her official military 1178 
orders or a written verification from the member's commanding 1179 
officer before the end of the 180 -day period in order to qualify 1180 
for the extension. 1181 
 Section 25.  For the pu rpose of incorporating the amendment 1182 
made by this act to section 250.01, Florida Statutes, in a 1183 
reference thereto, paragraph (c) of subsection (1) of section 1184 
409.1664, Florida Statutes, is reenacted to read: 1185 
 409.1664  Adoption benefits for qualifying adop tive 1186 
employees of state agencies, veterans, and servicemembers. — 1187 
 (1)  As used in this section, the term: 1188 
 (c)  "Servicemember" has the same meaning as in s. 1189 
250.01(19). 1190 
 Section 26.  For the purpose of incorporating the amendment 1191 
made by this act to sec tion 250.01, Florida Statutes, in a 1192 
reference thereto, subsection (1) of section 520.14, Florida 1193 
Statutes, is reenacted to read: 1194 
 520.14  Termination of retail installment contract for 1195 
leasing a motor vehicle by a servicemember. — 1196 
 (1)  Any servicemember, a s defined in s. 250.01, may 1197 
terminate his or her retail installment contract for leasing a 1198 
motor vehicle by providing the sales finance company with a 1199 
written notice of termination, effective on the date specified 1200     
 
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in the notice, which date shall be at leas t 30 days after the 1201 
receipt of the notice by the sales finance company, if any of 1202 
the following criteria are met: 1203 
 (a)  The servicemember is required, pursuant to a permanent 1204 
change of station, to move outside the continental United 1205 
States; or 1206 
 (b)  The servicemember receives temporary duty orders, 1207 
temporary change of station orders, or active duty orders 1208 
outside the continental United States, provided such orders are 1209 
for a period exceeding 60 days. 1210 
 Section 27.  For the purpose of incorporating the amend ment 1211 
made by this act to section 250.01, Florida Statutes, in a 1212 
reference thereto, subsection (5) of section 627.7283, Florida 1213 
Statutes, is reenacted to read: 1214 
 627.7283  Cancellation; return of unearned premium. — 1215 
 (5)  The insurer must refund 100 percent o f the unearned 1216 
premium if the insured is a servicemember, as defined in s. 1217 
250.01, who cancels because he or she is called to active duty 1218 
or transferred by the United States Armed Forces to a location 1219 
where the insurance is not required. The insurer may re quire a 1220 
servicemember to submit either a copy of the official military 1221 
orders or a written verification signed by the servicemember's 1222 
commanding officer to support the refund authorized under this 1223 
subsection. If the insurer cancels, the insurer must refund 100 1224 
percent of the unearned premium. Cancellation is without 1225     
 
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prejudice to any claim originating prior to the effective date 1226 
of the cancellation. For purposes of this section, unearned 1227 
premiums must be computed on a pro rata basis. 1228 
 Section 28.  For the purpose of incorporating the amendment 1229 
made by this act to section 250.01, Florida Statutes, in a 1230 
reference thereto, paragraph (d) of subsection (1) of section 1231 
689.27, Florida Statutes, is reenacted to read: 1232 
 689.27  Termination by servicemember of agreeme nt to 1233 
purchase real property. — 1234 
 (1)  Notwithstanding any other provisions of law and for 1235 
the purposes of this section: 1236 
 (d)  "Servicemember" shall have the same meaning as 1237 
provided in s. 250.01. 1238 
 Section 29.  For the purpose of incorporating the amendmen t 1239 
made by this act to section 250.01, Florida Statutes, in a 1240 
reference thereto, paragraph (a) of subsection (5) of section 1241 
790.015, Florida Statutes, is reenacted to read: 1242 
 790.015  Nonresidents who are United States citizens and 1243 
hold a concealed weapons l icense in another state; reciprocity. — 1244 
 (5)  The requirement of paragraph (1)(a) does not apply to 1245 
a person who: 1246 
 (a)  Is a servicemember, as defined in s. 250.01; or 1247 
 Section 30.  For the purpose of incorporating the amendment 1248 
made by this act to sectio n 250.01, Florida Statutes, in 1249 
references thereto, paragraph (f) of subsection (4) and 1250     
 
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paragraph (b) of subsection (11) of section 790.06, Florida 1251 
Statutes, are reenacted to read: 1252 
 790.06  License to carry concealed weapon or firearm. — 1253 
 (4)  The application shall be completed, under oath, on a 1254 
form adopted by the Department of Agriculture and Consumer 1255 
Services and shall include: 1256 
 (f)  Directions for an applicant who is a servicemember, as 1257 
defined in s. 250.01, or a veteran, as defined in s. 1.01, to 1258 
request expedited processing of his or her application. 1259 
 (11) 1260 
 (b)  A license issued to a servicemember, as defined in s. 1261 
250.01, is subject to paragraph (a); however, such a license 1262 
does not expire while the servicemember is serving on military 1263 
orders that have taken him or her over 35 miles from his or her 1264 
residence and shall be extended, as provided in this paragraph, 1265 
for up to 180 days after his or her return to such residence. If 1266 
the license renewal requirements in paragraph (a) are met within 1267 
the 180-day extension period, the servicemember may not be 1268 
charged any additional costs, such as, but not limited to, late 1269 
fees or delinquency fees, above the normal license fees. The 1270 
servicemember must present to the Department of Agriculture and 1271 
Consumer Services a cop y of his or her official military orders 1272 
or a written verification from the member's commanding officer 1273 
before the end of the 180 -day period in order to qualify for the 1274 
extension. 1275     
 
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 Section 31.  For the purpose of incorporating the amendment 1276 
made by this act to section 250.01, Florida Statutes, in a 1277 
reference thereto, paragraph (a) of subsection (1) of section 1278 
790.062, Florida Statutes, is reenacted to read: 1279 
 790.062  Members and veterans of United States Armed 1280 
Forces; exceptions from licensure provisions. — 1281 
 (1)  Notwithstanding s. 790.06(2)(b), the Department of 1282 
Agriculture and Consumer Services shall issue a license to carry 1283 
a concealed weapon or firearm under s. 790.06 if the applicant 1284 
is otherwise qualified and: 1285 
 (a)  Is a servicemember, as defined in s . 250.01; or 1286 
 Section 32.  For the purpose of incorporating the amendment 1287 
made by this act to section 250.01, Florida Statutes, in a 1288 
reference thereto, subsection (13) of section 790.065, Florida 1289 
Statutes, is reenacted to read: 1290 
 790.065  Sale and deliver y of firearms.— 1291 
 (13)  A person younger than 21 years of age may not 1292 
purchase a firearm. The sale or transfer of a firearm to a 1293 
person younger than 21 years of age may not be made or 1294 
facilitated by a licensed importer, licensed manufacturer, or 1295 
licensed dealer. A person who violates this subsection commits a 1296 
felony of the third degree, punishable as provided in s. 1297 
775.082, s. 775.083, or s. 775.084. The prohibitions of this 1298 
subsection do not apply to the purchase of a rifle or shotgun by 1299 
a law enforcement officer or correctional officer, as those 1300     
 
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terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or 1301 
(9), or a servicemember as defined in s. 250.01. 1302 
 Section 33.  For the purpose of incorporating the amendment 1303 
made by this act to section 250.01, Flor ida Statutes, in a 1304 
reference thereto, paragraph (d) of subsection (2) of section 1305 
790.0655, Florida Statutes, is reenacted to read: 1306 
 790.0655  Purchase and delivery of firearms; mandatory 1307 
waiting period; exceptions; penalties. — 1308 
 (2)  The waiting period does not apply in the following 1309 
circumstances: 1310 
 (d)  When a rifle or shotgun is being purchased by a law 1311 
enforcement officer or correctional officer, as those terms are 1312 
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 1313 
servicemember as defined in s. 250.01. 1314 
 Section 34.  For the purpose of incorporating the amendment 1315 
made by this act to section 250.01, Florida Statutes, in 1316 
references thereto, subsections (1), (2), and (3) of section 1317 
948.21, Florida Statutes, are reenacted to read: 1318 
 948.21  Condition of probation or community control; 1319 
military servicemembers and veterans. — 1320 
 (1)  Effective for a probationer or community controllee 1321 
whose crime is committed on or after July 1, 2012, and who is a 1322 
veteran, as defined in s. 1.01, or servicemember, as def ined in 1323 
s. 250.01, who suffers from a military service -related mental 1324 
illness, traumatic brain injury, substance abuse disorder, or 1325     
 
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psychological problem, the court may, in addition to any other 1326 
conditions imposed, impose a condition requiring the probatio ner 1327 
or community controllee to participate in a treatment program 1328 
capable of treating the probationer's or community controllee's 1329 
mental illness, traumatic brain injury, substance abuse 1330 
disorder, or psychological problem. 1331 
 (2)  Effective for a probationer or community controllee 1332 
whose crime is committed on or after July 1, 2016, and who is a 1333 
veteran, as defined in s. 1.01, including a veteran who is 1334 
discharged or released under a general discharge, or 1335 
servicemember, as defined in s. 250.01, who suffers from a 1336 
military service-related mental illness, traumatic brain injury, 1337 
substance abuse disorder, or psychological problem, the court 1338 
may, in addition to any other conditions imposed, impose a 1339 
condition requiring the probationer or community controllee to 1340 
participate in a treatment program capable of treating the 1341 
probationer or community controllee's mental illness, traumatic 1342 
brain injury, substance abuse disorder, or psychological 1343 
problem. 1344 
 (3)  Effective for a probationer or community controllee 1345 
whose crime is committed on or after October 1, 2019, and who is 1346 
a veteran, as defined in s. 1.01; a veteran who is discharged or 1347 
released under any condition; a servicemember, as defined in s. 1348 
250.01; an individual who is a current or former United States 1349 
Department of Defense contractor; or an individual who is a 1350     
 
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current or former military member of a foreign allied country, 1351 
who suffers from a military service -related mental illness, 1352 
traumatic brain injury, substance abuse disorder, or 1353 
psychological problem, the court may, in addition to any other 1354 
conditions imposed, impose a condition requiring the probationer 1355 
or community controllee to participate in a treatment program 1356 
capable of treating the probationer or community controllee's 1357 
mental illness, traumatic brain inju ry, substance abuse 1358 
disorder, or psychological problem. 1359 
 Section 35.  Except as otherwise expressly provided in this 1360 
act, this act shall take effect July 1, 2022. 1361