The Florida Senate

296.38  Funds of home and disposition of moneys.--

(1)  The home shall deposit all moneys which it receives for care of residents from the United States Department of Veterans Affairs and residents into the Operations and Maintenance Trust Fund. All such moneys shall be expended for the purpose of operating and maintaining the home subject to the requirements of chapter 216.

(2)  The home shall be empowered to receive and accept gifts, grants, and endowments in the name of the home. All such gifts, grants, and endowments are to be used for the benefit of the home and its residents. The administrator, together with the director, shall have the authority to determine how these gifts, grants, and endowments could best benefit the home and its residents unless the benefactor requests or instructs that the gift, grant, or endowment be used for a specific purpose. The home shall deposit all moneys received pursuant to this subsection into the Grants and Donations Trust Fund. Moneys in the Grants and Donations Trust Fund shall be expended for the common benefit of the residents of the home, such as recreational equipment, improved facilities, and recreational supplies.

(3)

(a)  There is hereby created a Members' Deposits Trust Fund. All moneys received by the home pursuant to this subsection shall be deposited into the Members' Deposits Trust Fund, a local fund administered by the home and which is not a part of the State Treasury.

(b)  The members of the home may voluntarily deposit moneys with the home, which the home shall receive and keep without charge in the Members' Deposits Trust Fund. Such moneys voluntarily deposited with the home by a member may be withdrawn, in whole or in part, at the will of the member. Any balance remaining upon the member's death, undisposed of by will and not paid to his or her heirs at law, shall be paid to the state in accordance with the provisions of chapter 717.

(c)  Upon a member's discharge or voluntary departure from the home, if such moneys are not so demanded at the time of discharge or departure, or within a period of 3 years thereafter, or demanded by the heirs, devisees, or legatees in case of the member's decease after his or her discharge or voluntary departure, the same shall be paid to the state as provided in chapter 717.

(d)  All accrued interest on this trust fund shall be accounted for by the financial manager and deposited to the Grants and Donations Trust Fund.

History.--s. 14, ch. 92-80; s. 260, ch. 95-148; s. 51, ch. 96-418.