The Florida Senate

292.04  Florida Commission on Veterans' Affairs.

292.05  Duties of Department of Veterans' Affairs.

292.085  Department of Veterans' Affairs Tobacco Settlement Trust Fund.

292.10  Local governing bodies authorized to assist war veterans; powers.

292.11  County and city veteran service officer.

292.12  Cooperation with other agencies.

292.13  Services to be without charge.

292.14  Construction of law.

292.15  Taxation and appropriation.

292.16  Construction of ss. 292.10-292.15.

292.04  Florida Commission on Veterans' Affairs.--

(1)(a)  There is created a Florida Commission on Veterans' Affairs to be composed of nine commissioners who shall be appointed by the Governor, subject to confirmation by the Senate. Eight commissioners shall be appointed from various regions of the state, with consideration given to proportional representation of the veterans in the state based on population. One commissioner shall be appointed from the state at large. The Governor may suspend a member of the commission only for cause, subject to removal or reinstatement of the member by the Senate.

(b)  Commissioners must be veterans of a war in which the United States was or is a participant, and they must have been separated from the Armed Forces of the United States under honorable conditions. Each member of the commission must be a resident of the state. Commissioners shall be appointed to serve for terms of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. A member of the commission is eligible for reappointment.

(2)(a)  The commission is assigned to the Department of Veterans' Affairs and shall serve as an advisory body to that department. The department shall provide administrative staff support for the commission and shall cooperate fully with the commission in matters related to the duties of the commission and shall endeavor to implement the recommendations of the commission. However, the commission, in the performance of its duties under this section, shall not be subject to control, supervision, or direction by the department.

(b)  The commission shall biennially elect a chair, vice chair, and secretary to serve for terms of 2 years. The commission shall meet four times annually at any place within the state upon the call of the chair. Members of the commission shall serve without compensation, but they shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(3)(a)  It is the duty of the commission to conduct a biennial survey of possible contributions that veterans or state organizations of veterans and their auxiliaries could make to the state and to report the results of the survey to the department together with recommendations for encouraging such contributions.

(b)  The commission shall work with the various veterans' organizations and their auxiliaries within the state and shall function as a liaison between such organizations and the department on matters pertaining to veterans.

History.--s. 1, ch. 22695, 1945; s. 1, ch. 57-133; s. 19, ch. 63-400; s. 23, ch. 63-572; ss. 18, 35, ch. 69-106; s. 4, ch. 78-323; ss. 1, 3, 4, ch. 81-122; ss. 1, 4, ch. 82-46; ss. 2, 9, ch. 82-387; s. 138, ch. 83-217; s. 2, ch. 83-265; s. 4, ch. 87-172; ss. 1, 2, 3, ch. 87-356; s. 17, ch. 88-290; s. 5, ch. 91-429; s. 240, ch. 95-148.

292.05  Duties of Department of Veterans' Affairs.--

(1)  The Department of Veterans' Affairs shall provide assistance to all former, present, and future members of the Armed Forces of the United States and their dependents in preparing claims for and securing such compensation, hospitalization, vocational training, and other benefits or privileges to which such persons or any of them are or may become entitled under any federal or state law or regulation by reason of their service in the Armed Forces of the United States. All services rendered under this subsection shall be without charge to the claimant.

(2)  The executive director of the department may employ such personnel and incur such expenses as he or she may deem necessary to administer this chapter and may also prescribe the salary standards, rights, powers, duties, and qualifications of all persons employed by the department. The director and his or her staff shall be reimbursed for travel expenses as provided in s. 112.061.

(3)  The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

(4)  The department may apply for and accept funds, grants, gifts, and services from the state, the United States Government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs as may be necessary for carrying out its duties.

(5)  The department shall conduct an ongoing study on the problems and needs of those residents of this state who are veterans of the Armed Forces of the United States and the problems and needs of their dependents. The study shall include, but not be limited to:

(a)  A survey of existing state and federal programs available for such persons that specifies the extent to which such programs presently are being implemented, with recommendations for the improved implementation, extension, or improvement of such programs.

(b)  A survey of the needs of such persons in the areas of social services, health care, education, and employment, and any other areas of determined need, with recommendations regarding federal, state, and community services that would meet those needs.

(c)  A survey of federal, state, public, and private moneys available that could be used to defray the costs of state or community services needed for such persons.

(6)  The department shall, on December 31 of each year, make an annual written report to the Governor of the state, the Speaker of the House of Representatives, and the President of the Senate, which report shall show the expenses incurred in veteran service work in the state; the number, nature, and kind of cases handled by the department and by county and city veteran service officers of the state; the amounts of benefits obtained for veterans; the names and addresses of all certified veteran service officers, including county and city veteran service officers. The report shall also describe the actions taken by the department in implementing subsections (4), (5), and (7) and shall contain such other information and recommendations as may appear to the department to be right and proper.

(7)  The department shall administer this chapter and shall have the authority and responsibility to apply for and administer any federal programs and develop and coordinate such state programs as may be beneficial to the particular interests of the veterans of this state. Such programs shall be subject to chapters 215 and 216.

History.--s. 2, ch. 22695, 1945; s. 23, ch. 63-572; ss. 18, 35, ch. 69-106; s. 1, ch. 74-163; ss. 2, 9, ch. 77-330; s. 2, ch. 81-122; s. 28, ch. 81-167; s. 1, ch. 81-288; s. 3, ch. 82-387; s. 11, ch. 84-114; s. 10, ch. 87-356; s. 18, ch. 88-290; s. 2, ch. 92-80; s. 241, ch. 95-148; s. 58, ch. 98-200.

292.085  Department of Veterans' Affairs Tobacco Settlement Trust Fund.--

(1)  The Department of Veterans' Affairs Tobacco Settlement Trust Fund is created within that department. Funds to be credited to the trust fund shall consist of funds disbursed, by nonoperating transfer, from the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund in amounts equal to the annual appropriations made from this trust fund.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any unencumbered balance in the trust fund at the end of any fiscal year and any encumbered balance remaining undisbursed on December 31 of the same calendar year shall revert to the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund.

History.--s. 1, ch. 99-194; s. 2, ch. 2000-104.

292.10  Local governing bodies authorized to assist war veterans; powers.--The board of county commissioners of each county and the governing body of each city in the state are hereby granted full and complete power and authority to aid and assist wherever practical and feasible the veterans, male and female, who have served in the Armed Forces of the United States in any war and received an honorable discharge from any branch of the military service of the United States, and their dependents, in presenting claims for and securing such compensation, hospitalization, education, loans, vocational training, and other benefits or privileges to which said veterans, or any of them, are or may become entitled under any federal or state law or regulation by reason of their service in the Armed Forces of the United States.

History.--s. 1, ch. 23017, 1945; s. 4, ch. 77-330.

292.11  County and city veteran service officer.--

(1)  Each board of county commissioners may employ a county veteran service officer; provide office space, clerical assistance, and the necessary supplies incidental to providing and maintaining a county service office; and pay said expenses and salaries from the moneys hereinafter provided for. The governing body of any city may employ a city veteran service officer; provide such office space, clerical assistance, and supplies; and pay expenses and salaries. A county or city veteran service officer must be a veteran who served as a member of the Armed Forces of the United States during a period of war, as defined in Title 38, U.S.C.; who served at least 18 months' active duty in the Armed Forces; and who was separated from such service under honorable conditions, or the surviving spouse of any such veteran. Any honorably discharged wartime veteran who was so discharged for service-connected or aggravated medical reasons before serving 18 months of active duty; who completed a tour of duty other than active duty for training, regardless of the length of the tour; or who satisfied his or her military obligation in a manner other than active duty for training or reserve duty shall be eligible for employment as a county or city veteran service officer. Every county or city veteran service officer, in order to be eligible for employment as a county or city veteran service officer, shall have a 2-year degree from an accredited university, college, or community college or a high school degree or equivalency diploma and 4 years of administrative experience.

(2)  Any county or city desiring to employ a county or city veteran service officer under the provisions of this section may notify the Department of Veterans' Affairs of its intention to do so and may furnish the department with the name or names of any person or persons applying to fill such position, along with documentation supporting the qualifications thereof. The department shall thereupon certify to such county or city the name or names of candidates for such position who meet the requirements and qualifications prescribed by the department. The county or city may thereupon employ any person or persons so certified by the department. Duties, compensation, and terms of employment shall be prescribed by the board of county commissioners or, where applicable, by the governing body of the city.

(3)  Any person employed by any county or city under the provisions of this section shall, from the time of his or her employment, be subject to such rules as the Department of Veterans' Affairs may from time to time prescribe. Appropriations made by any county or city, or both, for the purposes set forth in this section are hereby declared to be appropriations for a county or municipal purpose, as the case may be.

(4)  The Department of Veterans' Affairs is directed to establish a training program for county and city veteran service officers. Every county or city veteran service officer employed under this chapter shall attend the training program established by the department and successfully complete a test administered by the department prior to assuming any responsibilities as a county or city veteran service officer. The department shall further establish periodic training refresher courses which each county or city veteran service officer must attend and complete as a condition of remaining in employment as a county or city veteran service officer. County and city veteran service officers shall be reimbursed for travel expenses, as provided in s. 112.061, in fulfilling the requirements of this section.

(5)  The provisions of subsection (1) shall not apply to, or in any way affect, the employment of any county or city service officer who was so employed prior to July 1, 1974.

History.--s. 2, ch. 23017, 1945; ss. 1, 2, 3, ch. 74-288; s. 5, ch. 77-330; s. 121, ch. 79-400; s. 30, ch. 81-167; s. 3, ch. 81-288; s. 30, ch. 83-55; s. 20, ch. 88-290; s. 242, ch. 95-148.

292.12  Cooperation with other agencies.--The board of county commissioners of each county and the governing body of each city in the state may, in order to accomplish the purposes of this law, work jointly with any agency of the Federal Government, any present or future state agency or commission, or any other county in the state, or any municipality in such county; may contribute directly from the funds herein provided to any such agency, commission, political entity, or municipality in furtherance of the purpose of this law; and may, with any other county or municipality, employ jointly a county or city veteran service officer to carry out for such counties and cities the purposes of this law.

History.--s. 3, ch. 23017, 1945; s. 6, ch. 77-330; s. 122, ch. 79-400.

292.13  Services to be without charge.--All services performed by any county or city veteran service officer employed hereunder for any veteran or his or her dependents shall be rendered without charge to said veteran or said dependents.

History.--s. 4, ch. 23017, 1945; s. 7, ch. 77-330.

292.14  Construction of law.--It is the intent and purpose of the Legislature that in construing this law the broadest interpretation be given to the same, in order to carry out and effectuate the purposes of this law.

History.--s. 5, ch. 23017, 1945.

292.15  Taxation and appropriation.--The boards of county commissioners of the several counties of the state be and the same are hereby expressly authorized and empowered to levy a tax not to exceed one-half mill, or use available funds on hand and unappropriated, whether derived from taxation or otherwise, for the purpose of aiding and assisting the veterans described in s. 292.10, by providing a veteran service officer and maintaining a veteran service office in said county, and to disburse said moneys at such times and in such manner and under such terms and conditions as may be provided by resolution of said boards of county commissioners from time to time.

History.--s. 6, ch. 23017, 1945; s. 8, ch. 77-330.

292.16  Construction of ss. 292.10-292.15.--Sections 292.10 to 292.15 shall not be construed to be exclusive, but shall be cumulative and supplemental to other acts relating to the same general purposes of this law.

History.--s. 7, ch. 23017, 1945.