House Bill 1649er

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    1998 Legislature                     HB 1649, Second Engrossed



  1

  2         An act relating to veterans' homes, including

  3         the Veterans' Domiciliary Home of Florida and

  4         the Veterans' Nursing Home of Florida; amending

  5         s. 296.02, F.S.; providing definitions;

  6         amending s. 296.03, F.S.; including extended

  7         congregate care in the types of care offered by

  8         the domiciliary home; amending s. 296.04, F.S.;

  9         replacing the term "member" with the term

10         "resident"; amending s. 296.06, F.S.; amending

11         prerequisites to eligibility for admission to

12         the domiciliary home; amending s. 296.07, F.S.;

13         replacing the term "member" with the term

14         "resident"; amending s. 296.08, F.S.; amending

15         a cross-reference; amending s. 296.09, F.S.;

16         replacing the term "member" with the term

17         "resident"; amending the list of information

18         about each resident which is to be kept in the

19         general register; amending ss. 296.10, 296.11,

20         296.12, 296.13, 296.14, 296.15, 296.16, 296.34,

21         and 296.38, F.S.; replacing the term "member"

22         with the term "resident"; amending s. 296.36,

23         F.S.; amending the residency requirement for

24         admission into the Veterans' Nursing Home of

25         Florida; designating a building located in Lake

26         City as the "P.F.C. Robert H. Jenkins Veterans'

27         Domiciliary Home of Florida"; directing the

28         Florida Department of Veterans' Affairs to

29         erect suitable markers; providing an effective

30         date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 296.02, Florida Statutes, is

  4  amended to read:

  5         296.02  Definitions.--For the purposes of this part,

  6  except where the context clearly indicates otherwise:

  7         (1)  "Applicant" means a veteran with wartime service

  8  or peacetime service as defined in this section who is not in

  9  need of hospitalization or nursing home care.

10         (2)  "Department" means the Department of Veterans'

11  Affairs.

12         (3)(1)  "Director" means the executive director of the

13  Department of Veterans' Affairs.

14         (4)(2)  "Domiciliary care" means shelter, sustenance,

15  and incidental medical care provided on an ambulatory

16  self-care basis to assist eligible veterans who are disabled

17  by age or disease, but who are not in need of hospitalization

18  or nursing home care services.

19         (5)  "Extended congregate care" has the meaning given

20  to that term under s. 400.402.

21         (6)  "Mentally ill" means having an impairment of the

22  emotional process, of the ability to exercise conscious

23  control of one's actions, or of the ability to perceive

24  reality or to understand, which impairment substantially

25  interferes with a person's ability to meet the ordinary

26  demands of living, and which impairment cannot be controlled

27  by medication.

28         (3)  "Department" means the Department of Veterans'

29  Affairs.

30         (4)  "Wartime service" means service as defined in s.

31  1.01(14).


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  1         (7)(5)  "Peacetime service" means Army, Navy, Marines,

  2  Coast Guard or Air Force service that is not during a wartime

  3  era as defined in s. 1.01(14) subsection (4).

  4         (8)  "Resident" means any eligible veteran admitted to

  5  residency in the home.

  6         (9)  "Veteran" means a person who served in the

  7  military as defined in s. 1.01(14).

  8         (10)(6)  "Veterans' Domiciliary Home of Florida,"

  9  hereinafter referred to as the "home," means a home

10  established by the state for veterans who served in wartime

11  service or in peacetime service, as defined in this section

12  subsections (4) and (5).

13         (11)  "Wartime service" has the meaning given to that

14  term under s. 1.01(14).

15         (7)  "Applicant" means a veteran with wartime or

16  peacetime service as defined in subsections (4) and (5), who

17  is not in need of hospitalization or nursing home care.

18         (8)  "Member" means any eligible veteran admitted to

19  residency in the home.

20         Section 2.  Section 296.03, Florida Statutes, is

21  amended to read:

22         296.03  Veterans' Domiciliary Home of Florida.--The

23  Veterans' Domiciliary Home of Florida is shall be for veterans

24  who served in wartime service or peacetime service, as defined

25  in s. 296.02(4) and (5), and is maintained for the use of

26  those veterans who are not in need of hospitalization or

27  nursing home care and who can attend to their personal needs,

28  dress themselves, and attend a general dining facility, or who

29  are in need of extended congregate care.

30         Section 3.  Subsections (5) and (6) of section 296.04,

31  Florida Statutes, are amended to read:


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  1         296.04  Administrator; duties and qualifications;

  2  responsibilities.--

  3         (5)(a)  The administrator shall administer and enforce

  4  all rules of the home, including rules of discipline, and may

  5  shall have the power to dismiss any resident member of the

  6  home for any infraction of the such rules, subject to the

  7  approval of the director.

  8         (b)  When the administrator determines that a resident

  9  member has caused physical damage to the home, he or she shall

10  determine the cost of repairs and take action to recover such

11  sum from the resident member who caused the damage. The

12  administrator shall recover the such sum by increasing the

13  resident's member's monthly copayment, holding funds of the

14  resident member that are on deposit in the Residents' Members'

15  Deposits Trust Fund, or holding personal property of the

16  resident which member that is held by the administrator for

17  safekeeping pursuant to s. 296.14.

18         (6)  The administrator may require residents and

19  compensate members of the home to render such assistance in

20  the care of the home and grounds as their physical condition

21  will permit and may compensate a resident for such assistance.

22         Section 4.  Section 296.06, Florida Statutes, is

23  amended to read:

24         296.06  State policy; eligibility requirements.--

25         (1)  It is the policy of the state to admit residents

26  members into the home without regard to race, age, sex, creed,

27  religion, national origin, or any other reason that would

28  thereby create a practice of discrimination. However, an

29  applicant's veteran status shall not constitute

30  discrimination.

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  1         (2)  To be eligible for residency in the home, a

  2  veteran must shall:

  3         (a)  Have wartime service or peacetime service as

  4  defined in ss. 1.01(14) and 296.02.

  5         (b)  Have been a resident of the state for 1 year 3

  6  years immediately preceding application and be a resident of

  7  the state at the time of application.

  8         (c)  Not be mentally ill, habitually inebriated, or

  9  addicted to drugs.

10         (d)  Not owe money to the department for services

11  rendered during any previous stay at a department facility.

12         Section 5.  Section 296.07, Florida Statutes, is

13  amended to read:

14         296.07  Certain persons ineligible.--A No person shall

15  be received or retained in the home who is mentally ill,

16  habitually inebriated, or addicted to the use of drugs may not

17  be received or retained in the home.  It is the legislative

18  intent that a resident member of the home who is discharged

19  therefrom, or voluntarily leaves the home, because he or she

20  such member exhibits mental illness, inebriation, or drug

21  addiction shall be referred to appropriate federal, state, or

22  county agencies by the home for treatment.

23         Section 6.  Section 296.08, Florida Statutes, is

24  amended to read:

25         296.08  Priority of admittance.--

26         (1)  In determining the eligibility of applicants to

27  the home, the administrator shall give admittance priority in

28  accordance with the following schedule:

29         (a)  Those veterans with wartime service, as defined in

30  s. 1.01(14), who have with service-connected disability or

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  1  disabilities but, who are not in need of hospitalization or

  2  nursing home care.

  3         (b)  Those veterans with wartime service, as defined in

  4  s. 1.01(14), who have with non-service-connected disability or

  5  disabilities but, who are not in need of hospitalization or

  6  nursing home care.

  7         (c)  Those veterans with wartime service, as defined in

  8  s. 1.01(14), other than those described in paragraphs (a) and

  9  (b).

10         (d)  Those veterans with peacetime service, as defined

11  in s. 296.02 s. 296.02(5).

12         (2)  Before admission, each applicant shall file with

13  the administrator a certificate of eligibility, together with

14  a certified copy of his or her discharge, and any other

15  information that determined by the administrator determines to

16  be as necessary for admission purposes.

17         Section 7.  Section 296.09, Florida Statutes, is

18  amended to read:

19         296.09  Health record and general register to be

20  maintained.--

21         (1)  A health record for each resident must member

22  shall be maintained and must shall contain an identification

23  sheet, a medical history, a report of initial physical

24  examination, and subsequent records of treatment and progress,

25  including medications, diets, and consultations.  An annual

26  reevaluation of the resident's member's health status must

27  shall be conducted and recorded.  The health record and the

28  annual reevaluation are confidential and exempt from the

29  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution, and must shall be preserved for a period of time

31  as determined by the director.


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  1         (2)  The administrator shall keep a general register,

  2  in which must shall be recorded the following information

  3  concerning each resident member admitted:

  4         (a)  Name, age, place of birth, and occupation.

  5         (b)  Date of admission.

  6         (c)  Residence at time of admission and, length of

  7  residence in this state immediately prior to admission, and

  8  residence at time of entering the service.

  9         (d)  Date of enlistment and date of discharge.

10         (e)  Married or single.

11         (f)  Pension or disability, rate of compensation,

12  estate, and any other income.

13         (g)  All fraternal societies to which the member

14  belongs.

15         (g)(h)  Any additional information that which the

16  administrator considers deems necessary.

17         Section 8.  Section 296.10, Florida Statutes, is

18  amended to read:

19         296.10  Residents Members; contribution to support.--

20         (1)  Each resident Every member of the home who

21  receives a pension, compensation, or gratuity from the United

22  States Government, or income from any other source of more

23  than $100 per month, shall contribute to his or her

24  maintenance and support while a resident member of the home in

25  accordance with a schedule of payment determined by the

26  administrator and approved by the director.  The total amount

27  of such contributions must shall be to the fullest extent

28  possible, but may not, in no case, shall exceed the actual

29  cost of operating and maintaining the home.

30         (2)  Notwithstanding The provisions of subsection (1)

31  notwithstanding, each resident member who participates in a


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  1  vocational rehabilitation or work incentive program shall

  2  contribute to his or her support in an amount that is

  3  determined by the administrator and approved by the director,

  4  is to be computed at 50 percent of the resident's member's net

  5  earnings after taxes and after the setoff of the first $100

  6  per month, and does not to exceed the cost of care.  The

  7  resident member is required to authorize the administrator of

  8  the home to secure from the employer sufficient information to

  9  verify the resident's member's earnings under the program.

10         (3)  The administrator may, if there is room, admit to

11  residency in the home veterans who have sufficient means for

12  their own support, but are otherwise eligible to become

13  residents members of the home, on payment of the full cost of

14  their support, which cost and method of collection shall be

15  fixed from time to time by the administrator.

16         Section 9.  Section 296.11, Florida Statutes, is

17  amended to read:

18         296.11  Funds of home and disposition of moneys.--

19         (1)  The home shall deposit all moneys which it

20  receives for care of residents from the United States

21  Department of Veterans Affairs and residents members into the

22  Operations and Maintenance Trust Fund.  All such moneys must

23  shall be expended for the purpose of operating and maintaining

24  the home subject to the requirements of chapter 216.

25         (2)  The home shall deposit all moneys received

26  pursuant to s. 296.15 and all interest earned on moneys in the

27  Residents' Members' Deposits Trust Fund pursuant to s. 296.12

28  into the Grants and Donations Trust Fund.  Moneys in the

29  Grants and Donations Trust Fund must shall be expended for the

30  common benefit of the residents members of the home such as

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  1  improved facilities, recreational equipment, and recreational

  2  supplies subject to the requirements of chapter 216.

  3         (3)  Nothing contained in This section does not shall

  4  be construed to prohibit the use of revolving funds or

  5  clearing accounts if they provided that such are established

  6  in the manner prescribed by law.

  7         Section 10.  Section 296.12, Florida Statutes, is

  8  amended to read:

  9         296.12  Residents' Members' Deposits Trust Fund.--

10         (1)  There is hereby created a Residents' Members'

11  Deposits Trust Fund.  All moneys received by the home under

12  pursuant to this section must shall be deposited into the

13  Residents' Members' Deposits Trust Fund, a local fund that is

14  administered by the home and which is not a part of the State

15  Treasury.

16         (2)  The residents members of the home may voluntarily

17  deposit moneys with the home moneys that, which the home must

18  shall receive and keep without charge in the Residents'

19  Members' Deposits Trust Fund.  Such moneys voluntarily

20  deposited with the home by a resident member may be withdrawn,

21  in whole or in part, at the will of the resident member.  Upon

22  the resident's death, any balance that remains and is neither

23  disposed remaining upon the member's death, undisposed of by

24  will nor and not paid to his or her heirs at law must shall be

25  paid to the state in accordance with the provisions of chapter

26  717.

27         (3)  Upon a resident's member's discharge or voluntary

28  departure from the home, if such moneys are not so demanded at

29  the time of discharge or departure, or within a period of 3

30  years thereafter, or demanded by the heirs, devisees, or

31  legatees in case of the resident's member's decease after his


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  1  or her discharge or voluntary departure, the moneys must same

  2  shall be paid to the state as provided in chapter 717.

  3         (4)  All accrued interest on this trust fund must shall

  4  be accounted for by the financial manager and deposited to the

  5  Grants and Donations Trust Fund.

  6         Section 11.  Section 296.13, Florida Statutes, is

  7  amended to read:

  8         296.13  Death of resident member; disposition of moneys

  9  held.--

10         (1)  Any balance of moneys which belongs to a resident

11  and is held by the home, or by its authority, at the time of

12  the resident's death and which is not disposed and belonging

13  to any home member shall, upon the death of the member, where

14  undisposed of by will, must be held as a special trust fund to

15  be paid by the home upon proof that deemed to be proper to the

16  administrator considers proper, directly and without probate,

17  to heirs of the resident, except member, provided that the

18  administrator may is hereby empowered to disburse funds of any

19  deceased resident member for payment of the resident's

20  member's funeral expenses.

21         (2)  If no heirs are discovered within 1 year after the

22  death of a resident member, or if the heirs who are discovered

23  within that such time are not entitled to all of the remaining

24  moneys the whole thereof, the moneys that are not paid to the

25  heirs nor disposed, and undisposed of by will must, shall be

26  paid to the state as provided in chapter 717.

27         Section 12.  Section 296.14, Florida Statutes, is

28  amended to read:

29         296.14  Personal property; deceased residents members;

30  residents members leaving.--

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  1         (1)  Any resident member of the home may deposit

  2  personal property other than money with the administrator for

  3  safekeeping. The Such property must shall be returned to the

  4  depositor upon demand, and a written statement of acceptance

  5  must shall be executed by the depositor under oath.

  6         (2)  The administrator or the administrator's designee

  7  must maintain an itemized record of the deposit of personal

  8  property which contains shall be maintained by the

  9  administrator or his or her designee, and shall contain, but

10  need not be limited to, the name of the depositor, the date of

11  deposit, a description of the article or articles deposited,

12  the disposition of the article or articles, and the date of

13  disposition.

14         (3)  The personal property of a deceased resident which

15  is member, not otherwise provided for, may be held for the

16  heirs, devisees, or legatees for a period of 1 year after from

17  the date of the resident's member's death.  The personal

18  property of a resident member who is discharged or voluntarily

19  leaves may be held for the resident member or for his or her

20  heirs, devisees, or legatees for a period of 1 year after from

21  the date of discharge or departure.

22         (4)  The administrator may make a monthly charge for

23  the safekeeping of unclaimed personal property.  If the charge

24  is not paid, a lien upon the property to secure its payment

25  accrues shall accrue to the home.

26         (5)  The administrator shall will cause a public sale

27  to be held when in the judgment of the administrator the

28  probable value of the property exceeds the probable cost of

29  the sale.  All cost incurred in the sale of the unclaimed

30  personal property must shall be reimbursed to the home along

31  with any lien on the property.  All unclaimed funds must shall


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  1  be disposed of in accordance with the provisions of chapter

  2  717.

  3         Section 13.  Section 296.15, Florida Statutes, is

  4  amended to read:

  5         296.15  Gifts, grants, and endowments to the home.--The

  6  home may shall be empowered to receive and accept gifts,

  7  grants, and endowments in the name of the home.  All such

  8  gifts, grants, and endowments are to be used for the benefit

  9  of the home and its residents members.  The administrator,

10  together with the director, shall have the authority to

11  determine how these gifts, grants, and endowments could best

12  benefit the home and its residents members unless the

13  benefactor requests or instructs that the gift, grant, or

14  endowment be used for a specific purpose.

15         Section 14.  Section 296.16, Florida Statutes, is

16  amended to read:

17         296.16  Reports to the Governor, Cabinet, and

18  Legislature.--The director shall report to the Governor, the

19  Cabinet, and the Legislature by December 31 of each year,

20  stating all receipts and expenditures, the condition of the

21  home, the number of residents members received and discharged

22  during the preceding year, and such other matters relating to

23  the management, conduct, and interest of the home as the

24  director considers deems proper, or as required by the

25  Governor, the Cabinet, or the Legislature.  The director shall

26  also make any other reports that which the Governor, the

27  Cabinet, or the Legislature requires.

28         Section 15.  Subsection (5) of section 296.34, Florida

29  Statutes, is amended to read:

30         296.34  Administrator; qualifications, duties, and

31  responsibilities.--


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  1         (5)  The administrator shall administer and enforce all

  2  rules of the home, including rules of discipline, and shall

  3  have the power to dismiss any resident member of the home for

  4  any infraction of rules, subject to the approval of the

  5  director.

  6         Section 16.  Section 296.36, Florida Statutes, is

  7  amended to read:

  8         296.36  Eligibility and priority of admittance.--

  9         (1)  To be eligible for admittance to the home, the

10  person must shall be a veteran as defined in s. 1.01(14) and

11  must shall:

12         (a)  Be in need of nursing home care.

13         (b)  Have been a resident of the state for 1 year 3

14  years immediately preceding, and at the time of application

15  for, admission to the home.

16         (2)  Admittance priority must shall be afforded in the

17  following order of priority to an eligible veteran who is in

18  need of nursing home care and who in accordance with the

19  following:

20         (a)  Has a service-connected disability as determined

21  by the United States Department of Veterans Affairs, or was

22  discharged or released from military service for disability

23  incurred or aggravated in the line of duty and the disability

24  is the condition for which nursing home care is needed.

25         (b)  Has a non-service-connected disability and is

26  unable to defray the expense of nursing home care and so

27  states under oath before a notary public or other officer

28  authorized to administer an oath.

29         Section 17.  In editing manuscript for the next edition

30  of the official Florida Statutes, the Division of Statutory

31  Revision of the Joint Legislative Management Committee is


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  1  directed to revise the catchline of s. 296.37, Florida

  2  Statutes, to read:  "Residents; contribution to support."

  3         Section 18.  Subsection (3) of section 296.38, Florida

  4  Statutes, is amended to read:

  5         296.38  Funds of home and disposition of moneys.--

  6         (3)(a)  There is hereby created a Residents' Members'

  7  Deposits Trust Fund.  All moneys received by the home pursuant

  8  to this subsection shall be deposited into the Residents'

  9  Members' Deposits Trust Fund, a local fund administered by the

10  home and which is not a part of the State Treasury.

11         (b)  The residents members of the home may voluntarily

12  deposit moneys with the home, which the home shall receive and

13  keep without charge in the Residents' Members' Deposits Trust

14  Fund.  Such moneys voluntarily deposited with the home by a

15  resident member may be withdrawn, in whole or in part, at the

16  will of the resident member.  Any balance remaining upon the

17  resident's member's death, undisposed of by will and not paid

18  to his or her heirs at law, shall be paid to the state in

19  accordance with the provisions of chapter 717.

20         (c)  Upon a resident's member's discharge or voluntary

21  departure from the home, if such moneys are not so demanded at

22  the time of discharge or departure, or within a period of 3

23  years thereafter, or demanded by the heirs, devisees, or

24  legatees in case of the resident's member's decease after his

25  or her discharge or voluntary departure, the same shall be

26  paid to the state as provided in chapter 717.

27         (d)  All accrued interest on this trust fund shall be

28  accounted for by the financial manager and deposited to the

29  Grants and Donations Trust Fund.

30         Section 19.  (1)  The Veterans' Domiciliary Home of

31  Florida located in Lake City, Columbia County, is hereby


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  1  designated as the "P.F.C. Robert H. Jenkins Veterans'

  2  Domiciliary Home of Florida."

  3         (2)  The Florida Department of Veterans' Affairs is

  4  hereby directed to erect suitable markers designating the

  5  "P.F.C. Robert H. Jenkins Veterans' Domiciliary Home of

  6  Florida" as described in subsection (1).

  7         Section 20.  This act shall take effect upon becoming a

  8  law.

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