CS/HB 485 2023
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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 veterans' services and recognition; 2
amending s. 20.37, F.S.; creating the Division of 3
Long-term Care within the Department of Veterans' 4
Affairs; amending s. 292.11, F.S.; revising 5
qualifications for employment of county and city 6
veteran service officers; creating part III of chapter 7
296, F.S.; creating the "Veterans' Adult Day Health 8
Care of Florida Act"; providing purpose and 9
definitions; providing for appointment of an operator 10
and specifying qualifications, duties, and 11
responsibilities; establishing a nondiscrimination 12
policy of the program; providing for eligibility and 13
priority of admittance; providing for participants' 14
contribution to support; providing for audits, 15
inspections, and operational standards of the program; 16
creating s. 683.1475, F.S.; designating the week of 17
November 11 of each year as "Veterans Week"; 18
authorizing the Governor to issue an annual 19
proclamation; providing an e ffective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Paragraph (c) is added to subsection (2) of 24
section 20.37, Florida Statutes, to read: 25
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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
20.37 Department of Veterans' Affairs. —There is created a 26
Department of Veterans' Affairs. 27
(2) The following divisions, and bureaus within these 28
divisions, of the Department of Veterans' Affairs are 29
established: 30
(c) Division of Long -term Care. 31
Section 2. Subsection (1) of section 292.11, Florida 32
Statutes, is amended to r ead: 33
292.11 County and city veteran service officer. — 34
(1) Each board of county commissioners may employ a county 35
veteran service officer; provide office space, clerical 36
assistance, and the necessary supplies incidental to providing 37
and maintaining a co unty service office; and pay said expenses 38
and salaries from the moneys hereinafter provided for. The 39
governing body of any city may employ a city veteran service 40
officer; provide such office space, clerical assistance, and 41
supplies; and pay expenses and s alaries. A county or city 42
veteran service officer must be a veteran as defined in s. 43
1.01(14) who served as a member of the Armed Forces of the 44
United States during a period of war, as defined in Title 38, 45
U.S.C.; who served at least 18 months' active duty in the Armed 46
Forces; and who was separated from such service under honorable 47
conditions, or the surviving spouse of any such veteran. Any 48
honorably discharged wartime veteran who was so discharged for 49
service-connected or aggravated medical reasons before serving 50
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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
18 months of active duty; who completed a tour of duty other 51
than active duty for training, regardless of the length of the 52
tour; or who satisfied his or her military obligation in a 53
manner other than active duty for training or reserve duty shall 54
be eligible for employment as a county or city veteran service 55
officer. Every county or city veteran service officer, in order 56
to be eligible for employment as a county or city veteran 57
service officer, shall have a 2 -year degree from an accredited 58
university, college, or community college or a high school 59
degree or equivalency diploma and 4 years of administrative 60
experience. 61
Section 3. Part III of chapter 296, Florida Statutes, 62
consisting of sections 296.42 through 296.49, is created to 63
read: 64
PART III 65
VETERANS' ADULT DAY HEALTH CARE OF FLORIDA ACT 66
296.42 Short title. —This part may be cited as the 67
"Veterans' Adult Day Health Care of Florida Act." 68
296.43 Purpose.—The purpose of this part is to provide for 69
the establishment of basic standards for the operation of 70
veterans' adult day health care programs for eligible veterans 71
in need of such services. 72
296.44 Definitions. —As used in this part, the term: 73
(1) "Contractor" means an entity responsible for the day -74
to-day operations of an adult day health care facility or adult 75
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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
day care center as prescribed by 38 C.F.R. s. 59.160 or part III 76
of chapter 429, respectively. The contractor may be a for -profit 77
or nonprofit entity that operates the adult day health care 78
facility or adult day care center under the direction of the 79
executive director of the department. 80
(2) "Department" means the Department of Veterans' 81
Affairs. 82
(3) "Director" means the executive di rector of the 83
department. 84
(4) "Operator" means the person designated to have and has 85
the general administrative charge of an adult day health care 86
facility or adult day care center. The administrator of a 87
veterans' nursing home under s. 296.34 or the adm inistrator of 88
the Veterans' Domiciliary Home of Florida under s. 296.04 may 89
serve as the operator if the adult day health care facility or 90
adult day care center is collocated at an existing veterans' 91
nursing home or the Veterans' Domiciliary Home of Florid a or is 92
a freestanding facility. 93
(5) "Participant" means an eligible veteran recipient of 94
basic services or of supportive and optional services provided 95
by an adult day health care facility or adult day care center. 96
(6) "Program" means a licensed facil ity operated by the 97
department under part III of chapter 429. 98
(7) "Veteran" has the same meaning as provided in s. 99
1.01(14). 100
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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
296.45 Operator; qualifications, duties, and 101
responsibilities.— 102
(1) The director shall appoint an operator who shall be 103
responsible for the overall operation of the program and the 104
care of the participant or designate a contractor to perform the 105
same duties. 106
(2) The operator shall determine the eligibility of 107
applicants for admission to the program in accordance with 108
provisions of this part and, together with the director, shall 109
adopt rules necessary for the proper administration of the 110
program, including rules for the preservation of order and 111
enforcement of discipline in the program. Rules governing the 112
program shall conform as nearly as possible to the rules and 113
regulations for comparable facilities of the United States 114
Department of Veterans Affairs. 115
(3) The operator position shall be assigned to the 116
Selected Exempt Service under part V of chapter 110 unless the 117
operation of the program is assigned to a contractor. The 118
director shall give veterans' preference in selecting an 119
operator, as provided in ss. 295.07 and 295.085 if the operation 120
of the program is not assigned to a contractor. 121
(4) Employees who fill authorized an d established 122
positions appropriated for the program shall be state employees 123
unless the operation of the program is assigned to a contractor. 124
The department shall classify such employees in the manner 125
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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
prescribed in chapter 110. 126
(5) The operator shall ad minister and enforce all rules of 127
the program, including rules of discipline, and may dismiss a 128
participant in the program for an infraction of the rules, 129
subject to the approval of the director. 130
296.46 Nondiscrimination policy of the program. —It is the 131
policy of the state to admit residents into the program without 132
regard to race, age, sex, creed, religion, national origin, or 133
any other reason that would thereby create a practice of 134
discrimination. However, consideration of an applicant's veteran 135
status shall not constitute discrimination. 136
296.47 Eligibility and priority of admittance. — 137
(1) To be eligible for admittance to the program, the 138
person must be a veteran as provided in s. 1.01(14) or have 139
eligible peacetime service as defined in s. 296.02 an d must: 140
(a) Be in need of adult day health care. 141
(b) Be a resident of the state at the time of application 142
for admission to the program. 143
(c) Not owe money to the department for services rendered 144
during any previous stay at a department facility. 145
(d) Have applied for all financial assistance reasonably 146
available through governmental sources. 147
(e) Have been approved as eligible for care and treatment 148
by the United States Department of Veterans Affairs. 149
(2) The operator may waive the residency requi rement for a 150
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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
veteran who is otherwise eligible under Florida law for 151
admittance to a program. The waiver must be limited to a veteran 152
who is a disaster evacuee of a state that is under a declared 153
state of emergency. 154
(3) Admittance priority must be given to eligible veterans 155
in the following order of priority: 156
(a) An eligible veteran who is a resident of the State of 157
Florida. 158
(b) An eligible veteran who has a service -connected 159
disability as determined by the United States Department of 160
Veterans Affairs, or was discharged or released from military 161
service for disability incurred or aggravated in the line of 162
duty and the disability is the condition for which adult day 163
health care is needed. 164
(c) An eligible veteran who has a non -service-connected 165
disability and is unable to defray the expense of adult day 166
health care and so states under oath before a notary public or 167
other officer authorized to administer an oath. 168
296.48 Participants; contribution to support. —The operator 169
may, if there is room, admit to participation in the program a 170
veteran who has sufficient means for his or her own support but 171
is otherwise eligible to become a participant in the program, on 172
payment of the full cost of his or her support, which cost and 173
method of collection shall be fi xed from time to time by the 174
operator. 175
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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
296.49 Audit; inspection; standards for the program. —The 176
program shall be open at any time to audit and inspection by the 177
Auditor General and the Office of Program Policy Analysis and 178
Government Accountability, as p rovided by law, the department, 179
and the United States Department of Veterans Affairs, and to any 180
other audits or inspections as required by law to maintain 181
appropriate standards in the program. The standards that the 182
department shall use to regulate the op eration of the program 183
shall be those prescribed by the United States Department of 184
Veterans Affairs, provided that where the state's standards are 185
more restrictive, the standards of the state shall apply. 186
Section 4. Section 683.1475, Florida Statutes, is created 187
to read: 188
683.1475 Veterans Week. — 189
(1) The week beginning with the Sunday preceding November 190
11 of each year is designated as "Veterans Week." If November 11 191
falls on a Sunday, "Veterans Week" begins on that day. 192
(2) The Governor may annually issue a proclamation 193
designating the week of November 11 as Veterans Week and calling 194
upon public officials, schools, private organizations, and all 195
residents of the state to commemorate Veterans Week and honor 196
the men and women who answered the c all during times of war and 197
peace to protect and preserve the treasured freedom of all 198
citizens of the United States. 199
Section 5. This act shall take effect July 1, 2023. 200