HB 1241 2003
   
1 A bill to be entitled
2          An act relating to veterans' affairs; amending s. 1.01,
3    F.S.; revising the definition of the term "veteran";
4    providing preference eligibility to veterans who served in
5    a campaign or expedition for which a campaign badge has
6    been authorized or who serve during a period of any future
7    declaration of war by the Congress; providing an end date
8    to the Persian Gulf War; amending s. 295.07, F.S.;
9    excluding active duty for training from criteria for
10    eligibility for veterans' appointment and retention
11    preference; amending s. 295.182, F.S.; deleting timeframe
12    for authorization to receive contributions from public
13    bodies to the Florida World War II Veterans Memorial
14    Matching Trust Fund; amending s. 296.10, F.S.; authorizing
15    the automatic adjustment in contributions to support a
16    resident whenever there is an increase in benefit amounts
17    payable under Title II of the Social Security Act;
18    providing an effective date.
19         
20          Be It Enacted by the Legislature of the State of Florida:
21         
22          Section 1. Subsection (14) of section 1.01, Florida
23    Statutes, is amended to read:
24          1.01 Definitions.--In construing these statutes and each
25    and every word, phrase, or part hereof, where the context will
26    permit:
27          (14) The term "veteran" means a person who served in the
28    active military, naval, or air service and who was discharged or
29    released therefrom under honorable conditions only or who later
30    received an upgraded discharge under honorable conditions,
31    notwithstanding any action by the United States Department of
32    Veterans Affairs on individuals discharged or released with
33    other than honorable discharges. To receive benefits as a
34    wartime veteran, a veteran must have served in a campaign or
35    expedition for which a campaign badge has been authorized or
36    during a period beginning on the date of any future declaration
37    of war by the Congress of the United States and ending on the
38    date prescribed by presidential proclamation or concurrent
39    resolution of the Congress of the United States, ora veteran
40    must have served during one of the following periods of wartime
41    service:
42          (a) Spanish-American War: April 21, 1898, to July 4, 1902,
43    and including the Philippine Insurrection and the Boxer
44    Rebellion.
45          (b) Mexican Border Period: May 9, 1916, to April 5, 1917,
46    in the case of a veteran who during such period served in
47    Mexico, on the borders thereof, or in the waters adjacent
48    thereto.
49          (c) World War I: April 6, 1917, to November 11, 1918;
50    extended to April 1, 1920, for those veterans who served in
51    Russia; also extended through July 1, 1921, for those veterans
52    who served after November 11, 1918, and before July 2, 1921,
53    provided such veterans had at least 1 day of service between
54    April 5, 1917, and November 12, 1918.
55          (d) World War II: December 7, 1941, to December 31, 1946.
56          (e) Korean Conflict: June 27, 1950, to January 31, 1955.
57          (f) Vietnam Era: February 28, 1961, to May 7, 1975.
58          (g) Persian Gulf War: August 2, 1990, to January 2, 1992
59    and ending on the date thereafter prescribed by presidential
60    proclamation or by law.
61          Section 2. Paragraph (c) of subsection (1) of section
62    295.07, Florida Statutes, is amended to read:
63          295.07 Preference in appointment and retention.--
64          (1) The state and political subdivisions in the state
65    shall give preference in appointment and retention in positions
66    of employment to:
67          (c) A veteran of any war as defined in s. 1.01(14). The
68    veteran must have served at least 1 day during a wartime period
69    to be eligible for veterans' preference. Active duty for
70    training shall not be allowed for eligibility under this
71    paragraph.
72          Section 3. Subsection (2) of section 295.182, Florida
73    Statutes, is amended to read:
74          295.182 Florida World War II Veterans Memorial Matching
75    Trust Fund; contributions; use.--
76          (2) For the 2002-2003 fiscal year only,The department may
77    receive contributions from public bodies as defined in s.
78    1.01(8). Public bodies are authorized to appropriate funds, in
79    lump sum or otherwise, for the purpose of making contributions
80    to the trust fund. This subsection expires July 1, 2003.
81          Section 4. Section 296.10, Florida Statutes, is amended to
82    read:
83          296.10 Residents; contribution to support.--
84          (1)(a)Each resident of the home who receives a pension,
85    compensation, or gratuity from the United States Government, or
86    income from any other source of more than $100 per month, with
87    adjustments in accordance with paragraph (b),shall contribute
88    to his or her maintenance and support while a resident of the
89    home in accordance with a schedule of payment determined by the
90    administrator and approved by the director. The total amount of
91    such contributions must be to the fullest extent possible, but
92    may not exceed the actual cost of operating and maintaining the
93    home.
94          (b) Whenever there is an increase in benefit amounts
95    payable under Title II of the Social Security Act, 42 U.S.C. ss.
96    401 et seq., as a result of a determination made under section
97    215(i) of such act, 42 U.S.C. s. 415(i), the administrator shall
98    increase the amount that each resident shall be allowed to
99    retain. The increased amount will be determined by the
100    percentage used to increase the benefits under the Social
101    Security Act, 42 U.S.C. ss. 401 et seq. This first such increase
102    to residents' personal use funds will take place on January 1,
103    2004, and shall be continued each ensuing year that there is an
104    increase in benefits under the said act.
105          Section 5. This act shall take effect upon becoming a law.