The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 824
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Collins
SUBJECT: Veterans’ Services and Recognition
DATE: April 19, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Proctor MS Fav/CS
2. Gerbrandt Money AHS Favorable
3. Brown Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 824 establishes the Division of Long-term Care in the Department of Veterans’ Affairs
(department) and creates the Veterans’ Adult Day Health Care of Florida Act to provide uniform
basic standards for the operation of veterans’ adult day health care programs (program) for
eligible veterans in need of services. The act provides:
For appointment of an operator by the Executive Director (director) of the department;
Eligibility requirements for a veteran to participate in the program;
Priority order for admission and authorizes a self-paying veteran to participate;
That the program is subject to audit or inspection by the Auditor General or the Office of
Program Policy Analysis and Government Accountability; and
That unless the state’s standards are more restrictive, the standards to be applied by the
department to regulate program operations are those prescribed by the United States
Department of Veterans Affairs (VA).
The bill also designates the week of November 11 as Veterans Week. The Governor may
annually issue a proclamation designating Veterans Week. The bill encourages public officials,
schools, private organizations, and all residents to commemorate the week, honoring those who
served in times of war and peace.
REVISED: BILL: CS/SB 824 Page 2
In addition, the bill revises the requirements for employment as a veteran service officer to allow
a veteran who served in the active military, naval, or air service and was discharged or released
under honorable conditions, or later received an upgraded honorable discharge to qualify.
The bill may have an indeterminate negative fiscal impact on the department. See Section V.
Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Definition of a Veteran
A veteran, as referenced in the bill, is a person who served in the active military, naval, or air
service and who was discharged or released under honorable conditions only or who later
received an upgraded discharge under honorable conditions.
1
Department of Veterans’ Affairs
The department is the state point of entry for Florida’s 1.5 million veterans, the nation’s third
largest veteran population.
2
The department provides statewide outreach to connect veterans with
earned federal and state services, benefits, and support.
3
The department also operates nine state
veterans’ homes, one of which is an assisted living facility, and the others are nursing homes.
4
The department oversees and operates the following:
The Division of Administration and Public Information and the Bureau of Information and
Research; and
The Division of Veterans’ Benefits and Assistance and the following bureaus within the
division:
o Bureau of Veteran Claims Services;
o Bureau of Veteran Field Services; and
o Bureau of State Approving for Veterans’ Training.
5
The department also provides veterans’ claims examiners to assist veterans in securing earned
services, benefits, and support. In 2022, veterans’ claims examiners assisted more than 272,000
veterans. In addition, claims examiners have processed nearly 35,000 new claims on behalf of
Florida veterans, and helped recover more than $194 million in retroactive benefits for Florida
veterans and their families.
6
1
Section 1.01(14), F.S.
2
Fla. Dep’t of Veterans’ Affairs, Leadership, Florida Department of Veterans’ Affairs – Our Vision and Mission, available at
https://www.floridavets.org/leadership/ (last visited April 4, 2023).
3
Id.
4
Id. The assisted living facility, otherwise known as a state veterans’ domiciliary home, is located in Lake City, Florida. The
nursing homes are located in the cities of Daytona Beach, Land O’Lakes, Pembroke Pines, Panama City, Port Charlotte, St.
Augustine, Port St. Lucie, and Orlando.
5
Section 20.37(2), F.S.
6
Florida Dep’t of Veterans Affairs, supra note 2. BILL: CS/SB 824 Page 3
County and City Veteran Service Officers
Each board of county commissioners may approve the hiring of a county veteran service officer.
7
Likewise, the governing body of a city may employ a city veteran service officer.
8
To qualify, an
applicant must be a veteran who:
Served in the United States Armed Forces during a period of war;
Served at least 18 months’ active duty; and
Was discharged under honorable conditions.
9
A surviving spouse may instead be hired if the veteran spouse meets those qualifications.
10
Alternate qualification for employment as a veteran service officer is available to an honorably
discharged wartime veteran who:
Was discharged for service-connected or aggravated medical reasons before serving 18
months of active duty;
Completed a tour of duty other than active duty for training, regardless of the length of the
tour; or
Satisfied his or her military obligation in a manner other than active duty for training or
reserve duty.
11
The applicant must additionally have a minimum of a 2-year degree from an accredited institute
of higher education or a high school degree or its equivalent and 4 years of administrative
experience.
12
The department provides the training program for county and city veteran service officers,
13
and
every county or city veteran service officer must attend training and successfully complete a test
administered by the department. In addition, the department establishes periodic training
refresher courses, and completion of these courses is a condition of continuing employment.
14
Adult Day Care Centers
Adult day care centers provide therapeutic services and activities for adults in a noninstitutional
setting.
15
Participants may utilize a variety of services offered during any part of a day totaling
less than 24 hours.
16
Basic services provided by adult day care centers include leisure activities,
self-care training, nutritional services, and respite care.
17
These facilities are licensed by the
7
Section 292.11(1), F.S.
8
Id.
9
Id.
10
Id.
11
Id.
12
Id.
13
Section 291.11(4), F.S.
14
Id.
15
Section 429.901(3), F.S.
16
Id. and s. 429.905(2), F.S.
17
Section 429.901(1) and (3), F.S. BILL: CS/SB 824 Page 4
Agency for Health Care Administration.
18
However, facilities that operate under the federal
government or any agency thereof are exempt from current state law on adult day care centers.
19
The VA’s Adult Day Health Care Program (Program) was established by the VA with the goal of
allowing veterans to have a place during the day for social activities, peer support,
companionship, and recreation.
20
The Program is intended for veterans who need help with
activities of daily living, those who are isolated, or whose caregiver is experiencing burden.
21
Health services such as care from nurses, therapists, social workers, and others may also be
provided. The Program may be provided at VA medical centers, state Veterans Homes, or
through community organizations.
22
To receive a federal grant or grant funding for an adult day
health care program, the state must meet the following specific federal requirements:
If an adult day health care program is located within a nursing home, domiciliary, or other
care facility, the adult health care program must have its own separate designated space
during operational hours.
The indoor space for the adult day health care program must be at least 100 sq. ft. per
participant including office space for staff, and must be 60 sq. ft. per participant excluding
office space for staff.
Each program will need to design and partition its space to meet its own needs, but must
make available certain federally mandated functional areas.
23
Furnishings must be available for all participants, including functional furniture appropriate
to the participants’ needs.
24
Legal Holidays and Observances
Examples of legal holidays are New Year’s Day (January 1), Memorial Day (the last Monday in
May), Independence Day (July 4), Labor Day (the first Monday in September), Veterans’ Day
(November 11), Thanksgiving Day (the fourth Thursday in November), and Christmas Day
(December 25).
25
In addition to legal holidays, special observances are recognized and observed by the state.
Special observance days include Law Enforcement Memorial Day
26
, Arbor Day
27
, and Law Day
and Law Week
28
.
III. Effect of Proposed Changes:
The bill addresses veterans’ services and recognition.
18
Section 429.903, F.S.
19
Section 429.905, F.S.
20
U.S. Dep’t. of Veterans Affairs, Adult Day Health Care, available at
https://www.va.gov/geriatrics/pages/Adult_Day_Health_Care.asp (last visited Mar. 20, 2023).
21
Id.
22
Id.
23
For the list of federally mandated functional areas, see 38 C.F.R. s. 59.160(c)(1)-(11).
24
38 C.F.R. s. 59.160.
25
Section 683.01, F.S.
26
Section 683.115, F.S.
27
Section 683.04, F.S.
28
Section 683.22, F.S. BILL: CS/SB 824 Page 5
Division of Long-term Care
The bill amends s. 20.37, F.S., to establish in the Department of Veterans’ Affairs (department)
the Division of Long-term Care.
Veteran Service Officers
The bill amends s. 292.11, F.S., to revise the qualifications for employment as a city or county
veteran service officer. Pursuant to the bill, a veteran can qualify as a veteran service officer if
the veteran served in the active military, naval, or air service and was discharged or released
under honorable conditions, or later received an upgraded discharge under honorable conditions.
The education requirement is unchanged.
Veterans’ Adult Day Health Care of Florida Act
The bill creates ss. 296.42 through 296.49, F.S., to create the Veterans’ Adult Day Health Care
of Florida Act. The act’s purpose is to provide uniform basic standards for the operation of
veterans’ adult day health care or adult day care programs for eligible veterans in need of
services. The bill defines a “program” as a licensed facility operated by the department as an
adult day care center.
Eligibility of a Veteran
The department will determine the eligibility of applicants for admission to the program. The
program is available to a veteran as defined in s. 1.01(14), F.S., or a veteran who served in
eligible peacetime service, and who must:
Be in need of adult day health care;
Be a resident of the state at the time of application;
Not owe money to the department for services rendered during a previous stay at a
department facility;
Have applied for all financial assistance reasonably available through governmental
resources; and
Have been approved as eligible for care and treatment by the United States Department of
Veteran Affairs (VA).
Residency requirements may be waived for an applicant in the limited circumstance that the
veteran is a disaster evacuee of a state under a declared state of emergency and who otherwise
qualifies.
Admittance priority must be given to eligible veterans in the following order:
An eligible veteran who is a state resident.
An eligible veteran who has a service-connected disability as determined by the VA, or who
was discharged or released from service for a disability incurred or aggravated in the line of
duty, and the disability is the basis for need of adult day health care. BILL: CS/SB 824 Page 6
An eligible veteran who has a non-service-connected disability and is unable to defray the
expense of adult day health care as provided under oath by a notary or other officer
authorized to administer an oath.
If there is room, an eligible veteran who pays the full cost of his or her support services may be
admitted to the program.
Facility Administrator
The director of the department will appoint an operator, a contractor, or an administrator of a
veterans’ nursing home or assisted living facility to serve as the entity responsible for day-to-day
operations of the program.
If a contractor is appointed, the contractor may be for profit or nonprofit entity but will remain
under the direction of the executive director of the department.
The administrator of a veterans’ nursing home or the veterans’ domiciliary may serve as the
operator if the facility is colocated at an existing veterans’ nursing home or assisted living
facility.
Employment
Unless the operator is assigned to a contractor, the position of operator is classified as Selected
Exempt Service and employees of the program are state employees subject to classification by
the department in state law.
Unless the operator is assigned to a contractor, the director shall give veterans preference in
selecting an operator.
Nondiscrimination Policy
The program will admit state residents regardless of race, age, sex, creed, religion, national
origin, or anything else that would create a practice of discrimination. However, consideration of
an applicant’s veteran status does not constitute discrimination.
Program Audit and Inspection
The program is subject to audit and inspection by the Auditor General and the Office of Program
Policy Analysis and Government Accountability, the department, and the VA, and any other
audit or inspection required in law to maintain appropriate standards.
The standards that the department must use to regulate the operation of the program are those
prescribed by the VA, unless the state’s standards are more restrictive.
Rulemaking Authority
The department must adopt rules necessary to properly administer the program, including rules
for preservation of order and enforcement of discipline, which may include dismissal from the
program, subject to approval by the director. Rules will conform as nearly as possible to rules
and regulations for comparable facilities of the VA. BILL: CS/SB 824 Page 7
Veterans Week
The bill creates s. 683.1475, F.S., to designate the week of November 11 of each year as
“Veterans Week”, with the week starting the Sunday before November 11. If November 11 falls
on a Sunday, “Veterans Week” begins on that day. The Governor may annually issue a
proclamation designating this week as Veterans Week. Public officials, schools, private
organizations, and all residents are encouraged to commemorate the week and honor those who
served in times of war and peace.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
A veteran may be able to stay at home longer, with the provision of long-term care and
access to a meaningful day activity at an adult day care center. These services may also
provide respite for a family caretaker.
C. Government Sector Impact:
The bill may have an indeterminate negative fiscal impact on the department. The bill
creates the Division of Long-term Care within the department, and establishes the BILL: CS/SB 824 Page 8
Veterans’ Adult Day Health Care of Florida Act to provide veterans with adult day care
services. According to the department, the costs of staffing the new division can be
absorbed within existing resources.
29
The adult day care services program is expected to be revenue generating but may require
upfront funding to cover costs associated with renovations of existing homes and
equipment.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 20.37 and 292.11.
This bill creates the following sections of the Florida Statutes: 296.42, 296.43, 296.44, 296.45,
296.46, 296.47, 296.48, 296.49, and 683.1475.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Military and Veterans Affairs, Space, and Domestic Security on
March 29, 2023:
The committee substitute:
Clarifies that a board of county commissioners and governing body of any city may
employ a veteran service officer;
Replaces the authority of the operator to determine eligibility of applicants with that
of the department;
Corrects a technical deficiency by removing the authority of the operator to adopt
rules; and
Corrects a technical deficiency by specifying when “Veterans Week” begins.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
29
Florida Dep’t of Veterans Affairs, 2023 Agency Legislative Bill Analysis, SB 824 (July 1, 2023) (on file with the Senate
Committee on Military and Veterans Affairs, Space, and Domestic Security).