HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 1 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 2 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 3 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 4 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 5 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 6 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 7 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 8 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 9 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 10 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 11 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 12 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 13 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 14 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 15 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 16 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 17 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 18 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 19 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 20 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 21 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 22 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 23 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 24 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 25 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 26 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 27 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 28 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 29 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 30 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 31 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 32 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 33 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 34 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 35 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 36 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 37 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 38 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 39 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 40 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 41 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 42 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 43 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 44 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 45 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 46 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 47 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 48 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 49 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 50 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 51 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 52 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 53 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 54 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 465 2022 CODING: Words stricken are deletions; words underlined are additions. hb0465-00 Page 55 of 55 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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