The Florida Senate

295.01  Children of deceased or disabled veterans; education.

295.015  Children of prisoners of war and persons missing in action; education.

295.016  Children of service members who died or became disabled in Operation Eagle Claw.

295.017  Children of service members who died or became disabled in the Lebanon and Grenada military arenas; educational opportunity.

295.018  Children of service members who died in Newfoundland air tragedy; educational opportunity.

295.0185  Children of deceased or disabled military personnel who die or become disabled in Operation Enduring Freedom; educational opportunity.

295.019  Children of service members who died in U.S.S. Stark attack.

295.0195  Children of deceased or disabled military personnel who died or became disabled in the Mideast Persian Gulf military arena during hostilities with Iraq or in the military action in Panama known as Operation Just Cause.

295.02  Use of funds; age, etc.

295.03  Minimum requirements.

295.04  Appropriation; benefits.

295.05  Admission; enrollment.

295.065  Legislative intent.

295.07  Preference in appointment and retention.

295.08  Positions for which a numerically based selection process is used.

295.085  Positions for which a numerically based selection process is not used.

295.09  Reinstatement or reemployment; promotion preference.

295.101  Employment preference; expiration.

295.11  Investigation; administrative hearing for not employing preferred applicant.

295.123  Deserters and others; inapplicability of chapter.

295.124  State approving agency for veterans' education and training.

295.125  Preference for admission to career training.

295.13  Disability of minority of veterans and spouse removed, benefits under Servicemen's Readjustment Act.

295.14  Penalties.

295.155  Military retirement based on longevity.

295.16  Disabled veterans exempt from certain license or permit fee.

295.17  Identification cards.

295.18  Florida World War II Veterans Memorial Matching Trust Fund; creation.

295.181  Short title.

295.182  Florida World War II Veterans Memorial Matching Trust Fund; contributions; use.

295.183  Construction; location; contents.

295.184  Report; design, cost estimates.

295.185  Dedication and unveiling ceremony.

295.186  Removal of certain forms from official records.

295.01  Children of deceased or disabled veterans; education.--

(1)  It is hereby declared to be the policy of the state to provide educational opportunity at state expense for dependent children either of whose parents was a resident of the state at the time such parent entered the Armed Forces and:

(a)  Died as a result of service-connected injuries, disease, or disability sustained while on active duty; or

(b)  Has been:

1.  Determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent total and permanent disability rating for compensation;

2.  Determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services; or

3.  Issued a valid identification card by the Department of Veterans' Affairs in accordance with s. 295.17,

when the parents of such children have been bona fide residents of the state for 5 years next preceding their application for the benefits hereof, and subject to the rules, restrictions, and limitations hereof.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

(3)  The State Board of Education shall adopt rules for administering this section.

History.--s. 1, ch. 20966, 1941; s. 1, ch. 21655, 1943; s. 1, ch. 28195, 1953; s. 1, ch. 67-455; s. 16, ch. 69-180; s. 1, ch. 82-93; s. 2, ch. 83-71; s. 12, ch. 84-114; s. 11, ch. 87-356; s. 21, ch. 88-290; s. 25, ch. 89-207; s. 6, ch. 93-268; s. 20, ch. 95-143; s. 6, ch. 2000-294; s. 948, ch. 2002-387; s. 6, ch. 2004-230.

295.015  Children of prisoners of war and persons missing in action; education.--

(1)  It is hereby declared to be the policy of the state to provide educational opportunity at state expense for dependent children either of whose parents became classified as prisoners of war or missing in action in the service of the Armed Forces of the United States during the Korean Conflict or during the Vietnam Era, as defined in s. 1.01(14), or civilian personnel captured while serving with the consent or authorization of the United States Government. Such educational opportunity shall be provided until such time as the parent so classified is returned alive or the parent's remains are recovered; provided that, in order to be eligible, the parents of such children must have been bona fide residents of the state for 5 years next preceding their application for the benefits hereof and must be permanent residents of the state on the effective date of this act.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 2, ch. 72-346; s. 2, ch. 82-93; s. 13, ch. 84-114; s. 26, ch. 89-207; s. 21, ch. 95-143; s. 243, ch. 95-148; s. 949, ch. 2002-387.

295.016  Children of service members who died or became disabled in Operation Eagle Claw.--

(1)  It is hereby declared to be a policy of the state to provide educational opportunity at state expense for the dependent children of any service member who died or suffered a service-connected 100-percent total and permanent disability rating for compensation as determined by the Veterans Administration, or who has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, in the Iranian rescue mission known as Operation Eagle Claw, which service member was residing in the state on April 25, 1980. A certified copy of a death certificate, a valid identification card issued by the Department of Veterans' Affairs in accordance with s. 295.17, a letter certifying the service-connected 100-percent total and permanent disability rating for compensation from the Veterans Administration, or a letter certifying the service-connected total and permanent disability rating of 100 percent for retirement pay from any branch of the United States Armed Services shall be prima facie evidence of the fact that the dependent children of the service member are eligible for such benefits.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 1, ch. 81-275; s. 3, ch. 83-71; s. 12, ch. 87-356; s. 22, ch. 88-290; s. 27, ch. 89-207; s. 244, ch. 95-148; s. 950, ch. 2002-387.

295.017  Children of service members who died or became disabled in the Lebanon and Grenada military arenas; educational opportunity.--

(1)  It is hereby declared to be the policy of the state to provide educational opportunity at state expense for the dependent children of any service member who died or suffered a service-connected 100-percent total and permanent disability rating for compensation as determined by the Veterans Administration, or who has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, while participating in a Multinational Peace Keeping Force in Lebanon during the period from September 17, 1982, through February 3, 1984, inclusive, or as a participant in Operation Urgent Fury in Grenada during the period from October 23, 1983, through November 2, 1983, inclusive, which service member was residing in the state during those periods of military action. A certified copy of a death certificate, a valid identification card issued in accordance with the provisions of s. 295.17, a letter certifying the service-connected 100-percent total and permanent disability rating for compensation from the Veterans Administration, or a letter certifying the service-connected total and permanent disability rating of 100 percent for retirement pay from any branch of the United States Armed Services shall be prima facie evidence of the fact that the dependent children of the service member are eligible for such benefits.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 1, ch. 86-177; s. 13, ch. 87-356; s. 28, ch. 89-207; s. 245, ch. 95-148; s. 951, ch. 2002-387.

295.018  Children of service members who died in Newfoundland air tragedy; educational opportunity.--

(1)  It is hereby declared to be the policy of the state to provide educational opportunity at state expense for the dependent children of those service members killed in the crash of a military transport airplane in Gander, Newfoundland, on December 12, 1985, while returning from Mideast peacekeeping duties in the Sinai Desert, which service members entered the military service from this state. A certified copy of a death certificate shall be prima facie evidence of the fact that the dependent children of the service members are eligible for such benefits.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 2, ch. 86-177; s. 29, ch. 89-207; s. 246, ch. 95-148; s. 952, ch. 2002-387.

295.0185  Children of deceased or disabled military personnel who die or become disabled in Operation Enduring Freedom; educational opportunity.--

(1)  It is declared to be the policy of the state to provide educational opportunity at state expense for the dependent children of those military personnel who die or suffer a service-connected 100-percent total and permanent disability rating for compensation as determined by the United States Department of Veterans Affairs, or who are determined to have a service-connected total and permanent disability rating of 100 percent and are in receipt of disability retirement pay from any branch of the United States Armed Services, while participating in Operation Enduring Freedom, which began on October 7, 2001, if such military personnel have been residents of the state during the period of military action. A certified copy of a death certificate, a valid identification card issued in accordance with the provisions of s. 295.17, a letter certifying the service-connected 100-percent total and permanent disability rating for compensation from the United States Department of Veterans Affairs, or a letter certifying the service-connected total and permanent disability rating of 100 percent for retirement pay from any branch of the United States Armed Services is prima facie evidence that the dependent children of such military personnel are eligible for educational benefits.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 apply.

History.--s. 1, ch. 2002-279; s. 25, ch. 2003-1.

295.019  Children of service members who died in U.S.S. Stark attack.--

(1)  It is hereby declared to be state policy to provide educational opportunity at state expense for the dependent children of those service members killed in the Iraqi missile attack on the U.S.S. Stark in the Persian Gulf on May 17, 1987, which service members claimed Florida as their home of record on the date of the attack.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 32, ch. 88-290; s. 18, ch. 90-302; s. 247, ch. 95-148; s. 953, ch. 2002-387.

295.0195  Children of deceased or disabled military personnel who died or became disabled in the Mideast Persian Gulf military arena during hostilities with Iraq or in the military action in Panama known as Operation Just Cause.--

(1)  It is hereby declared to be the policy of the state to provide educational opportunity at state expense for the dependent children of those military personnel who died or suffered a service-connected 100-percent total and permanent disability rating for compensation as determined by the United States Department of Veterans Affairs, or who have been determined to have a service-connected total and permanent disability rating of 100 percent and are in receipt of disability retirement pay from any branch of the United States Armed Forces, while participating in the Mideast Persian Gulf arena during hostilities with Iraq, which began as Operation Desert Shield on August 5, 1990, through cessation of those hostilities, inclusive, or while participating in the military action in Panama known as Operation Just Cause during December 1989, if such military personnel were residents of the state during the period of military action. A certified copy of a death certificate, a valid identification card issued in accordance with the provisions of s. 295.17, a letter certifying the service-connected 100-percent total and permanent disability rating for compensation from the United States Department of Veterans Affairs, or a letter certifying the service-connected total and permanent disability rating of 100 percent for retirement pay from any branch of the United States Armed Forces shall be prima facie evidence of the fact that the dependent children of such military personnel are eligible for educational benefits.

(2)  The provisions of ss. 295.03, 295.04, 295.05, and 1009.40 shall apply.

History.--s. 2, ch. 91-166; s. 7, ch. 93-268; s. 954, ch. 2002-387.

295.02  Use of funds; age, etc.--All sums appropriated and expended under this chapter shall be used to pay tuition and registration fees, board, and room rent and to buy books and supplies for the children of deceased or disabled veterans or service members, as defined and limited in s. 295.01, s. 295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents classified as prisoners of war or missing in action, as defined and limited in s. 295.015, who are between the ages of 16 and 22 years and who are in attendance at a state-supported institution of higher learning, including a community college or career center. Any child having entered upon a course of training or education under the provisions of this chapter, consisting of a course of not more than 4 years, and arriving at the age of 22 years before the completion of such course may continue the course and receive all benefits of the provisions of this chapter until the course is completed. The Department of Education shall administer this educational program subject to regulations of the department.

History.--s. 2, ch. 20966, 1941; s. 1, ch. 63-124; s. 2, ch. 63-204; s. 17, ch. 69-180; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 1, ch. 72-346; s. 1, ch. 74-211; s. 2, ch. 81-275; s. 139, ch. 83-217; s. 3, ch. 86-177; s. 3, ch. 91-166; s. 21, ch. 91-221; s. 248, ch. 95-148; s. 26, ch. 2004-357.

295.03  Minimum requirements.--Upon failure of any child benefited by the provisions of this chapter to comply with the ordinary and minimum requirements of the institution attended, both as to discipline and scholarship, the benefits thereof shall be withdrawn as to the child and no further moneys expended for his or her benefits so long as such failure or delinquency continues.

History.--s. 3, ch. 20966, 1941; s. 3, ch. 82-93; s. 4, ch. 86-177; s. 249, ch. 95-148.

295.04  Appropriation; benefits.--The sum necessary for the purposes of this chapter shall be appropriated in the General Appropriations Act for each fiscal year, provided that no student shall receive an amount in excess of tuition and registration fees. Only students in good standing in their respective institutions shall receive the benefits thereof, and no student shall receive such benefits for more than 12 quarters, 8 semesters, or 8 trimesters.

History.--s. 4, ch. 20966, 1941; s. 38, ch. 26869, 1951; s. 2, ch. 63-124; s. 17, ch. 65-130; s. 18, ch. 69-180; s. 1, ch. 73-305; s. 2, ch. 74-211; s. 3, ch. 82-93; s. 5, ch. 86-177.

295.05  Admission; enrollment.--Eligibility for admission is not affected by this chapter, but all children receiving benefits under this chapter shall be enrolled according to the customary rules and requirements of the institution attended.

History.--s. 5, ch. 20966, 1941; s. 3, ch. 82-93; s. 6, ch. 86-177.

295.065  Legislative intent.--It is the intent of the Legislature to provide preference and priority in the hiring practices of this state as set forth in this chapter. In all written job announcements and audio and video advertisements used by employing agencies of the state and its political subdivisions, there shall be a notation that certain veterans and spouses of veterans receive preference and priority in employment by the state and are encouraged to apply for the positions being filled.

History.--s. 6, ch. 77-422; s. 1, ch. 98-33.

Note.--Former s. 295.15.

295.07  Preference in appointment and retention.--

(1)  The state and political subdivisions in the state shall give preference in appointment and retention in positions of employment to:

(a)  Those disabled veterans:

1.  Who have served on active duty in any branch of the Armed Forces of the United States, have been separated therefrom under honorable conditions, and have established the present existence of a service-connected disability which is compensable under public laws administered by the U.S. Department of Veterans' Affairs, or

2.  Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the U.S. Department of Veterans' Affairs and the Department of Defense.

(b)  The spouse of any person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power.

(c)  A veteran of any war as defined in s. 1.01(14). The veteran must have served at least 1 day during a wartime period to be eligible for veterans' preference. Active duty for training shall not be allowed for eligibility under this paragraph.

(d)  The unremarried widow or widower of a veteran who died of a service-connected disability.

(2)  The Department of Veterans' Affairs shall adopt rules to ensure that veterans are given special consideration in the employing agency's selection and retention processes. The rules must include the award of point values as articulated in s. 295.08, if applicable, or, where point values are not relevant, must include procedures to ensure that veterans are given special consideration at each step of the employment selection process, unless the sponsoring governmental entity is a party to a collective bargaining agreement, in which case the collective bargaining agreement must comply within 90 days following ratification of a successor collective bargaining agreement or extension of any existing collective bargaining agreement.

(3)  Preference in employment and retention may be given only to eligible persons who are described in subsection (1) and who are residents of this state.

(4)  The following positions are exempt from this section:

(a)  Those positions that are exempt from the state Career Service System under s. 110.205(2); however, all positions under the University Support Personnel System of the State University System as well as all Career Service System positions under the Florida Community College System and the School for the Deaf and the Blind are included.

(b)  Positions in political subdivisions of the state which are filled by officers elected by popular vote or persons appointed to fill vacancies in such offices and the personal secretary of each such officer, members of boards and commissions, persons employed on a temporary basis without benefits, heads of departments, positions that require licensure as a physician, licensure as an osteopathic physician, licensure as a chiropractic physician, and positions that require that the employee be a member of The Florida Bar.

History.--s. 1, ch. 24201, 1947; s. 1, ch. 70-7; s. 1, ch. 77-422; s. 1, ch. 78-372; s. 1, ch. 80-370; s. 4, ch. 87-356; s. 1, ch. 89-323; s. 3, ch. 92-80; s. 2, ch. 98-33; s. 79, ch. 99-13; s. 1, ch. 2001-273; s. 2, ch. 2003-42.

295.08  Positions for which a numerically based selection process is used.--For positions for which an examination is used to determine the qualifications for entrance into employment with the state or political subdivisions in the state, 10 points shall be added to the earned ratings of any person included under s. 295.07(1)(a) or (b), and 5 points shall be added to the earned rating of any person included under s. 295.07(1)(c) and (d), if the person has obtained a qualifying score on the examination for the position. The names of persons eligible for preference shall be entered on an appropriate register or list in accordance with their respective augmented ratings. However, except for classes of positions with Federal Government designations of professional or technician, the names of all persons qualified to receive a 10-point preference whose service-connected disabilities have been rated by the United States Department of Veterans Affairs or its predecessor or the Department of Defense to be 30 percent or more shall be placed at the top of the appropriate register or employment list, in accordance with their respective augmented ratings. The respective augmented rating is the examination score or evaluated score in addition to the applicable veteran's preference points.

History.--s. 2, ch. 24201, 1947; s. 1, ch. 77-422; s. 14, ch. 84-114; s. 5, ch. 87-356; s. 8, ch. 93-268; s. 3, ch. 98-33.

295.085  Positions for which a numerically based selection process is not used.--In all positions in which the appointment or employment of persons is not subject to a written examination, with the exception of positions that are exempt under s. 295.07(4), first preference in appointment, employment, and retention shall be given by the state and political subdivisions in the state to persons included under s. 295.07(1)(a) and (b), and second preference shall be given to persons included under s. 295.07(1)(c) and (d) who possess the minimum qualifications necessary to discharge the duties of the position involved.

History.--s. 4, ch. 24201, 1947; s. 2, ch. 77-422; s. 3, ch. 78-372; s. 3, ch. 80-370; s. 15, ch. 84-114; s. 6, ch. 87-356; s. 2, ch. 89-323; s. 4, ch. 98-33; s. 80, ch. 99-13.

Note.--Former s. 295.10.

295.09  Reinstatement or reemployment; promotion preference.--

(1)(a)  When an employee of the state or any of its political subdivisions employed in a position subject or not subject to a career service system or other merit-type system, with the exception of those positions which are exempt pursuant to s. 295.07(4), has served in the Armed Forces of the United States and is discharged or separated therefrom with an honorable discharge, the state or its political subdivision shall reemploy or reinstate such person to the same position that he or she held prior to such service in the armed forces, or to an equivalent position, provided such person returns to the position within 1 year of his or her date of separation or, in cases of extended active duty, within 1 year of the date of discharge or separation subsequent to the extension. Such person shall also be awarded preference in promotion and shall be promoted ahead of all others who are as well qualified or less qualified for the position. When an examination for promotion is utilized, such person shall be awarded preference points, as provided in s. 295.08, and shall be promoted ahead of all those who appear in an equal or lesser position on the promotional register, provided he or she first successfully passes the examination for the promotional position.

(b)  The provisions of paragraph (a) shall also apply to a person who was a veteran when employed by the state or its political subdivision and who was recalled to extended active duty in the Armed Forces of the United States and was discharged or separated therefrom with an honorable discharge.

(c)  The provisions of paragraphs (a) and (b) shall apply only to a veteran's first promotion after reinstatement or reemployment, without exception.

(2)  For the purposes of this section, "extended active duty" means active duty, other than for training, beyond the date of honorable discharge or separation, due to military requirements.

History.--s. 3, ch. 24201, 1947; s. 1, ch. 77-422; s. 2, ch. 78-372; s. 2, ch. 80-370; s. 3, ch. 89-323; s. 250, ch. 95-148; s. 81, ch. 99-13.

295.101  Employment preference; expiration.--A veteran's employment preference expires after a person eligible pursuant to s. 295.07 has applied and been employed by the state or any agency of a political subdivision in the state.

History.--s. 7, ch. 87-356; s. 5, ch. 98-33.

295.11  Investigation; administrative hearing for not employing preferred applicant.--

(1)  The Department of Veterans' Affairs or its designee shall, upon the written request of any person specified in s. 295.07, investigate any complaint filed with the department by such person when the person has applied to any state agency or any agency of a political subdivision in the state for a position of employment which was awarded to a nonveteran and the person feels aggrieved under this chapter. The Department of Veterans' Affairs shall review each case and may issue an opinion to the Public Employees Relations Commission as to the merit or lack of merit in each case. The investigation must be accomplished within existing amounts appropriated to the department.

(2)  Upon completion of the investigation, the department shall furnish a copy of the investigative findings to the complainant and to the agency involved.

(3)  When a satisfactory resolution to the complaint is not forthcoming, any department of the state or political subdivision in the state may testify telephonically or in person at the discretion of the Public Employees Relations Commission. The complainant, however, may be represented at the hearing by counsel of his or her choice at his or her expense.

(4)  Jurisdiction to effectuate the purposes of ss. 295.07-295.09 shall vest with the Public Employees Relations Commission for appropriate administrative determination. If, upon preliminary review of the Public Employees Relations Commission, the commission agrees with the department's determination that a case lacks merit and finds, in its discretion, that there was a complete absence of justiciable issues of either law or fact raised by the veterans' preference complaint, the Public Employees Relations Commission shall dismiss the complaint without the necessity of holding a hearing.

History.--s. 5, ch. 24201, 1947; ss. 18, 35, ch. 69-106; s. 3, ch. 77-422; s. 4, ch. 78-372; s. 33, ch. 79-190; s. 4, ch. 80-370; s. 79, ch. 86-163; s. 8, ch. 87-356; s. 23, ch. 88-290; s. 113, ch. 92-279; s. 55, ch. 92-326; s. 251, ch. 95-148; s. 6, ch. 98-33; s. 82, ch. 99-13.

295.123  Deserters and others; inapplicability of chapter.--The provisions of this chapter shall not apply to any person who has been classified by any branch of the Armed Forces of the United States as a deserter or who received less than an honorable discharge upon separation or discharge from the Armed Forces.

History.--s. 5, ch. 77-422.

295.124  State approving agency for veterans' education and training.--The Department of Veterans' Affairs shall act as the state approving agency for purposes of veterans' education and training, in accordance with 38 U.S.C. s. 1771 and the applicable annual contract between the state and the Federal Government.

History.--s. 1, ch. 80-140; s. 16, ch. 84-114; s. 24, ch. 88-290.

295.125  Preference for admission to career training.--

(1)  It is the intent of the Legislature through enactment of this section to assist returning veterans of the Southeast Asian conflict to train themselves for a civilian future. Although the provisions of this section apply only to state-supported career center facilities and programs, it is the further intent of the Legislature to encourage privately supported career centers to join with the state in assisting our returning veterans by providing preferences for them in admission procedures and standards.

(2)  In determining order of admission or acceptance for students, every career center or career program which receives state funding or support shall give preference as provided in subsection (3) to a person who served in the Armed Forces of the United States at any time during the Vietnam Era, as defined in s. 1.01(14), and who has been separated therefrom under honorable conditions, if such person's enrollment is directly related to his or her present employment or to his or her securing employment.

(3)  The name of each person qualified for preference under the provisions of subsection (2) shall be placed on the waiting list for acceptance or admission, if any, in a position which would reflect the same order of preference as if the person had been placed on the waiting list 36 months previously or on the day he or she entered the Armed Forces of the United States, whichever is later.

History.--s. 1, ch. 74-210; s. 1, ch. 77-174; s. 1, ch. 77-214; s. 17, ch. 84-114; s. 22, ch. 95-143; s. 252, ch. 95-148; s. 27, ch. 2004-357.

295.13  Disability of minority of veterans and spouse removed, benefits under Servicemen's Readjustment Act.--The disability of minority of any person otherwise eligible for a loan, or guaranty or insurance of a loan, pursuant to chapter 37 of Title 38 U.S.C., "Home, Farm and Business Loans," and the disability of the minor spouse of any eligible veteran, in connection with any transaction entered into pursuant to that Act of the Congress, as heretofore or hereafter amended, shall not affect the binding effect of any obligation incurred by such eligible person or spouse as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, if all or part of any such obligation is guaranteed or insured by the United States Government or the Veterans Administration pursuant to such act and amendments thereto; or if the Veterans Administration is the creditor, by reason of a loan or a sale pursuant to such act and amendments. This section does not create, or render enforceable, any other or greater rights or liabilities than would exist if neither such person nor such spouse were a minor.

History.--s. 1, ch. 28204, 1953; s. 24, ch. 69-353; s. 18, ch. 84-114.

295.14  Penalties.--

(1)  When the Public Employees Relations Commission, after a hearing on notice conducted according to rules adopted by the commission, determines that a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains the veteran seeking redress, the commission shall order the offending agency, employee, or officer of the state to comply with the provisions of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b); and, in the event of a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the commission may issue an order to compensate the veteran for the loss of any wages and reasonable attorney's fees for actual hours worked, and costs of all work, including litigation, incurred as a result of such violation, which order shall be conclusive on the agency, employee, or officer concerned. The attorney's fees and costs may not exceed $10,000. The action of the commission shall be in writing and shall be served on the parties concerned by certified mail with return receipt requested.

(2)  When reparation is sought through civil action in a court of competent jurisdiction, any agency, employee, or officer of the state or a political subdivision thereof found in violation of any provision of this act shall, in addition to any other edict issued by the court, be required to pay the costs of suit and reasonable attorney's fees incurred in such action and shall be required to pay as damages such amount as the court may award, any law to the contrary notwithstanding.

(3)  Any employee or officer found liable pursuant to a second or subsequent violation of the provisions of this section shall forfeit his or her position.

History.--s. 6, ch. 77-422; s. 5, ch. 78-372; s. 61, ch. 79-164; s. 5, ch. 80-370; s. 80, ch. 86-163; s. 9, ch. 87-356; s. 253, ch. 95-148; s. 7, ch. 98-33; s. 83, ch. 99-13.

295.155  Military retirement based on longevity.--Military retirement on the basis of longevity does not disqualify a person eligible under s. 295.07 from veterans' employment preference.

History.--s. 9, ch. 98-33.

295.16  Disabled veterans exempt from certain license or permit fee.--No totally and permanently disabled veteran who is a resident of Florida and honorably discharged from the Armed Forces, who has been issued a valid identification card by the Department of Veterans' Affairs in accordance with s. 295.17 or has been determined by the United States Department of Veterans Affairs or its predecessor to have a service-connected 100-percent disability rating for compensation, or who has been determined to have a service-connected disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the uniformed armed services, shall be required to pay any license or permit fee, by whatever name known, to any county or municipality in order to make improvements upon a mobile home owned by the veteran which is used as the veteran's residence, provided such improvements are limited to ramps, widening of doors, and similar improvements for the purpose of making the mobile home habitable for veterans confined to wheelchairs.

History.--s. 1, ch. 78-69; s. 4, ch. 83-71; s. 25, ch. 88-290; s. 9, ch. 93-268.

295.17  Identification cards.--

(1)(a)  The Department of Veterans' Affairs may issue an identification card to any veteran who is a permanent resident of the state and who has been adjudged by the United States Department of Veterans Affairs or its predecessor to have a 100-percent, service-connected permanent and total disability rating for compensation, or who has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, upon the written request of such veteran. Such card may be used by the veteran as proof of eligibility for any benefit provided by state law for 100-percent, service-connected permanently and totally disabled veterans except those benefits provided by ss. 196.081, 196.091, and 196.24. The identification card shall bear a statement that it is unlawful for any person other than the veteran to whom it was issued to use the card.

(b)  The department is responsible for design and content of the identification card and shall adopt rules and procedures relating to the eligibility and application for and issuance and control of identification cards.

(2)  It is unlawful for any person to:

(a)  Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulently altered, or fraudulently obtained identification card.

(b)  Lend his or her identification card to any person or knowingly permit the use thereof by another.

(c)  Display or represent any identification card which has not been issued to the person as being his or her card.

(d)  Permit any unlawful use of an identification card issued to him or her.

(e)  Photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that the photograph, photostat, duplicate, reproduction, or facsimile could be mistaken for a valid identification card or display or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile.

(f)  Display or cause or permit to be displayed his or her identification card after such card has expired.

(3)  Any person who violates any provision of subsection (2) is guilty of a noncriminal violation and shall be punished by a fine of $200.

History.--s. 1, ch. 80-61; s. 31, ch. 81-167; s. 31, ch. 83-55; s. 14, ch. 87-356; s. 26, ch. 88-290; s. 10, ch. 93-268; s. 254, ch. 95-148; s. 1, ch. 97-14.

295.18  Florida World War II Veterans Memorial Matching Trust Fund; creation.--The Florida World War II Veterans Memorial Matching Trust Fund is hereby created, to be administered by the Department of Veterans' Affairs. Funds shall be credited to the trust fund as provided in chapter 99-160, Laws of Florida, to be used for the purposes set forth therein.

History.--s. 1, ch. 99-161; s. 39, ch. 2000-152.

295.181  Short title.--This act may be cited as the "Florida World War II Veterans Memorial Act."

History.--s. 1, ch. 99-160.

295.182  Florida World War II Veterans Memorial Matching Trust Fund; contributions; use.--

(1)  The Florida World War II Veterans Memorial Matching Trust Fund, if created by law, within the Department of Veterans' Affairs shall receive private contributions and matching state funds specifically appropriated by the Legislature for the purpose of matching private donations deposited into the trust fund to build a Florida World War II Veterans Memorial as provided by this act. The department is authorized to use moneys in the trust fund, if created by law, in a manner which will generate increased funding for the Florida World War II Veterans Memorial. Contributions to the Florida World War II Veterans Memorial Matching Trust Fund must be returned to those entities or individuals contributing to the trust fund if the Florida World War II Veterans Memorial is not constructed as provided for in s. 295.183.

(2)  The department may receive contributions from public bodies as defined in s. 1.01(8). Public bodies are authorized to appropriate funds, in lump sum or otherwise, for the purpose of making contributions to the trust fund.

History.--s. 2, ch. 99-160; s. 14, ch. 2002-402; s. 3, ch. 2003-42.

295.183  Construction; location; contents.--If sufficient funds are available in the Florida World War II Veterans Memorial Matching Trust Fund to cover the full costs of the project, construction must have begun by June 30, 2005, from funds in the Florida World War II Veterans Memorial Matching Trust Fund, on an appropriate memorial to the residents of the State of Florida who served on active duty in the Armed Services of the United States during World War II. The memorial must be located within the Florida Capitol Center Planning District described in s. 272.12. The memorial must contain the opening and closing dates of World War II, and other inscriptions and features as may be recommended by the Commission on Veterans' Affairs.

History.--s. 3, ch. 99-160.

295.184  Report; design, cost estimates.--The Commission on Veterans' Affairs shall consider the appropriate design of the memorial and may solicit design proposals from members of the public. The Commission on Veterans' Affairs, in cooperation with the Department of Management Services and the City of Tallahassee, shall consider the location of the memorial within the Florida Capitol Center Planning District. On or before January 31, 2002, the Commission on Veterans' Affairs shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives its recommendations for the location and design of the memorial. The report must include an estimate of the cost to acquire the site for the memorial and of the cost to construct the memorial in accordance with the design proposal recommended by the Commission on Veterans' Affairs, as well as the life-cycle cost estimate required by s. 255.255. The Department of Management Services shall assist the Commission on Veterans' Affairs in preparing the estimates for timely inclusion in the report.

History.--s. 4, ch. 99-160; s. 21, ch. 2001-89.

295.185  Dedication and unveiling ceremony.--Upon completion of the memorial, the Governor shall arrange an appropriate dedication and unveiling ceremony. The ceremony shall be held on a date of the Governor's choosing which is the same as the date of the anniversary of a significant and meaningful event in the history of World War II.

History.--s. 5, ch. 99-160.

295.186  Removal of certain forms from official records.--Any veteran of the United States Armed Forces or his or her widow or widower, attorney, personal representative, executor, or court appointed guardian has the right to request that a county recorder remove from the official records any of the following forms recorded before, on, or after the effective date of this act, by or on behalf of the requesting veteran: DD-214; DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553. The request must specify the identification page number of the form to be removed. The request shall be made in person and with appropriate identification to allow determination of the identity of the requested. The county recorder has no duty to inquire beyond the request to verify the identity of the person requesting the removal. No fee shall be charged for the removal. When the request for removal is made, the county recorder shall provide a written notice to the requesting party that the removal of the document from the official records is permanent and no further record of the document will exist in the official records of the county.

History.--s. 1, ch. 2002-391.