Florida Senate - 2010                             CS for SB 1972
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Aronberg
       
       
       
       585-03558-10                                          20101972c1
    1                        A bill to be entitled                      
    2         An act relating to veterans; amending s. 496.406,
    3         F.S.; exempting certain veterans’ organizations from
    4         requirements to file registration statements with the
    5         Department of Agriculture and Consumer Services;
    6         amending s. 295.187, F.S.; revising the definition of
    7         the term “service-disabled veteran” for purposes of
    8         the Florida Service-Disabled Veteran Business
    9         Enterprise Opportunity Act; amending s. 296.06, F.S.;
   10         revising eligibility requirements for residency in the
   11         Veterans’ Domiciliary Home of Florida; amending s.
   12         296.36, F.S.; revising eligibility requirements for
   13         admittance into a licensed health care facility
   14         operated by the Department of Veterans’ Affairs;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 496.406, Florida Statutes, is amended to
   20  read:
   21         496.406 Exemption from registration.—The following
   22  charitable organizations and sponsors are exempt from the
   23  requirements of s. 496.405:
   24         (1) A person who is soliciting for a named individual,
   25  provided that all the contributions collected without any
   26  deductions whatsoever are turned over to the beneficiary for her
   27  or his use and provided that the person has complied with the
   28  requirements of s. 496.413.
   29         (2) A charitable organization or sponsor which limits
   30  solicitation of contributions to the membership of the
   31  charitable organization or sponsor. For the purposes of this
   32  paragraph, the term “membership” does not include those persons
   33  who are granted a membership upon making a contribution as a
   34  result of a solicitation.
   35         (3) Any division, department, post, or chapter of a
   36  veterans’ service organization granted a federal charter under
   37  Title 36, U.S.C.
   38         Section 2. Paragraph (b) of subsection (3) of section
   39  295.187, Florida Statutes, is amended to read:
   40         295.187 Florida Service-Disabled Veteran Business
   41  Enterprise Opportunity Act.—
   42         (3) DEFINITIONS.—For the purpose of this section, the term:
   43         (b) “Service-disabled veteran” means a veteran who is a
   44  permanent Florida resident with a service-connected disability
   45  of 10 percent or greater as determined by the United States
   46  Department of Veterans Affairs or who has been terminated from
   47  military service by reason of disability by the United States
   48  Department of Defense.
   49         Section 3. Subsection (2) of section 296.06, Florida
   50  Statutes, is amended to read:
   51         296.06 State policy; eligibility requirements.—
   52         (2) To be eligible for residency in the home, a veteran
   53  must:
   54         (a) Have wartime service as provided in s. 1.01(14) or
   55  peacetime service as defined in s. ss. 1.01(14) and 296.02.
   56         (b) Have been a resident of the state for 1 year
   57  immediately preceding application and be a resident of the state
   58  at the time of application.
   59         (c) Not be mentally ill, habitually inebriated, or addicted
   60  to drugs.
   61         (d) Not owe money to the department for services rendered
   62  during any previous stay at a department facility.
   63         (e) Have applied for all financial assistance reasonably
   64  available through governmental sources.
   65         (f) Have been approved as eligible for care and treatment
   66  by the United States Department of Veterans Affairs.
   67         Section 4. Subsection (1) of section 296.36, Florida
   68  Statutes, is amended to read:
   69         296.36 Eligibility and priority of admittance.—
   70         (1) To be eligible for admittance to the home, the person
   71  must be a veteran as provided defined in s. 1.01(14) or have
   72  eligible peacetime service as defined in s. 296.02 and must:
   73         (a) Be in need of nursing home care.
   74         (b) Have been a resident of the state for 1 year
   75  immediately preceding, and at the time of application for,
   76  admission to the home.
   77         (c) Not owe money to the department for services rendered
   78  during any previous stay at a department facility.
   79         (d) Have applied for all financial assistance reasonably
   80  available through governmental sources.
   81         (e) Have been approved as eligible for care and treatment
   82  by the United States Department of Veterans Affairs.
   83         Section 5. This act shall take effect July 1, 2010.