Senate Bill 2570
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2570
By Senator King
8-1839-99 See HB
1 A bill to be entitled
2 An act relating to veterans' affairs; creating
3 the Florida State Veterans Cemetery Act;
4 providing a short title; providing definitions;
5 providing for creation of the Florida State
6 Veterans Cemetery System; providing for
7 administration of the system by the Department
8 of Veterans' Affairs; providing specified
9 powers of the department; creating a site
10 selection commission; providing for membership
11 of the commission; providing site selection
12 criteria; providing for application for federal
13 assistance; providing for funding of the
14 Florida State Veterans Cemetery System;
15 providing a contingent effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. (1) Short title.--This act shall be known
20 as the "Florida State Veterans Cemetery System Act."
21 (2) Definitions.--As used in this section, the
22 following terms shall have the following meanings:
23 (a) "Cemetery system" or "system" means the Florida
24 State Veterans Cemetery System created by this act.
25 (b) "Department" means the Department of Veterans
26 Affairs.
27 (c) "Eligible veteran" includes any veteran or spouse
28 of a veteran eligible to be buried in a national cemetery,
29 according to 38 U.S.C. 2402.
30 (3) Florida State Veterans Cemetery System; creation;
31 administration.--The Florida State Veterans Cemetery System is
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Florida Senate - 1999 SB 2570
8-1839-99 See HB
1 created within the Department of Veterans Affairs. The
2 department shall administer the Florida State Veterans
3 Cemetery System created by this act. The department shall
4 adopt rules consistent with the Administrative Procedure Act
5 for purposes of administering the cemetery system. The
6 department is authorized and empowered to make and enter into
7 any contract or agreement, with any person or agency, public
8 or private, to lease, buy, acquire, construct, hold or dispose
9 of real and personal property necessary to carry out the
10 objects and purposes of this act; however, no contract may be
11 entered into without specific authorization of the Legislature
12 for the project. Lands shall be acquired by the department in
13 accordance with acquisition procedures for state lands
14 provided for in section 253.025, Florida Statutes. The
15 department shall be responsible for any consultations,
16 surveys, and tests required by the State Cemetery Grant
17 Service of the United States Department of Veterans Affairs.
18 (4) Site Selection Commission.--
19 (a) Upon the request of the department, a site
20 selection commission shall be convened. The selection
21 commission shall consist of nine members, comprised of the
22 following:
23 1. The executive director of the department, or his or
24 her designee.
25 2. One member selected by the Florida Veterans of
26 Foreign Wars.
27 3. One member selected by the Florida Chapter of the
28 Disabled Veterans of America.
29 4. One member selected by the Florida Chapter of the
30 Retired Officers Association.
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Florida Senate - 1999 SB 2570
8-1839-99 See HB
1 5. The Adjutant General of the Florida National Guard,
2 or his or her designee.
3 6. One member selected by the President of the Senate.
4 7. One member selected by the Speaker of the House of
5 Representatives.
6 8. The Director of the Division of State Lands of the
7 Department of Environmental Protection, or his or her
8 designee.
9 9. One additional member, selected by the department,
10 who will serve as chair of the commission.
11 (b) Members of the commission shall serve without
12 compensation but shall be entitled to receive reimbursement
13 for per diem travel expenses as provided in section 112.061,
14 Florida Statutes.
15 (c) The site selection commission shall be charged
16 with the selection of sites for state veterans cemeteries
17 within the system. Site selection shall be based on the
18 following criteria:
19 1. Proximity to current active national or state
20 veterans cemeteries, if any.
21 2. The number of eligible veterans in proximity of a
22 proposed site.
23 3. The availability of state-owned land or land
24 donated to the state.
25 4. The elevation of a proposed site.
26 (d) Once a site or sites have been selected by the
27 commission, the commission shall be abolished.
28 (5) Application for federal assistance.--
29 (a) Once a site or sites have been selected, the
30 department shall submit an application for federal assistance
31 and any other applicable attachments to the State Cemetery
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2570
8-1839-99 See HB
1 Grant Service of the United States Department of Veterans
2 Affairs.
3 (b) The department shall perform all consultations,
4 surveys, and tests needed to prepare the attachments required
5 by the State Cemetery Grant Service of the United States
6 Department of Veterans Affairs, which may include:
7 1. Environmental assessments.
8 2. Development of site and design concepts.
9 3. Consultation with the Division of Historical
10 Resources of the Department of State as the state agency in
11 charge of historic preservation.
12 4. Needs assessments and site descriptions.
13 5. Any other plans or assurances required by the State
14 Cemetery Grant Service of the United States Department of
15 Veterans Affairs.
16 (6) Florida State Veterans Cemetery Trust Fund.--The
17 Florida State Veterans Cemetery Trust Fund, if created by law,
18 within the Department of Veterans' Affairs, shall receive
19 funds appropriated by the Legislature and contributions from
20 private entities or individuals for the purpose of planning,
21 construction, operation, and maintenance of the Florida State
22 Veterans Cemetery System. The Department of Veterans' Affairs
23 shall be empowered to receive and accept gifts, grants, and
24 endowments in the name of the system, which gifts, grants, and
25 endowments are to be used for the benefit of the system.
26 Moneys in the fund which are not needed currently to meet the
27 obligations of the department in the exercise of its
28 responsibilities under this section shall be deposited with
29 the Treasurer to the credit of the fund and may be invested in
30 such manner as is provided for by statute. Any balance in the
31 trust fund at the end of any fiscal year shall not revert to
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Florida Senate - 1999 SB 2570
8-1839-99 See HB
1 the General Revenue Fund, but shall remain in the trust fund
2 and shall be available for carrying out the purposes of this
3 act.
4 Section 2. This act shall take effect July 1, 1999, if
5 SB or similar legislation is adopted in the same
6 legislative session or an extension thereof.
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9 LEGISLATIVE SUMMARY
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Creates the Florida State Veterans Cemetery Act. Defines
11 terms for purposes of the act. Creates and provides for
the administration of the Florida State Veterans Cemetery
12 System. Creates a site selection commission and provides
for membership of the commission. Provides site
13 selection criteria. Provides for application for federal
assistance. Provides for funding of the Florida State
14 Veterans Cemetery System.
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