HB 1241 2003
   
1 CHAMBER ACTION
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6          The Committee on Judiciary recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to veterans' affairs; amending s. 1.01,
12    F.S.; revising the definition of the term "veteran";
13    providing preference eligibility to veterans who served in
14    a campaign or expedition for which a campaign badge has
15    been authorized; providing an end date to the Persian Gulf
16    War; amending s. 295.07, F.S.; excluding active duty for
17    training from criteria for eligibility for veterans'
18    appointment and retention preference; amending s. 295.182,
19    F.S.; deleting timeframe for authorization to receive
20    contributions from public bodies to the Florida World War
21    II Veterans Memorial Matching Trust Fund; amending s.
22    296.10, F.S.; authorizing the automatic adjustment in
23    contributions to support a resident whenever there is an
24    increase in benefit amounts payable under Title II of the
25    Social Security Act; providing an effective date.
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27          Be It Enacted by the Legislature of the State of Florida:
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29          Section 1. Subsection (14) of section 1.01, Florida
30    Statutes, is amended to read:
31          1.01 Definitions.--In construing these statutes and each
32    and every word, phrase, or part hereof, where the context will
33    permit:
34          (14) The term "veteran" means a person who served in the
35    active military, naval, or air service and who was discharged or
36    released therefrom under honorable conditions only or who later
37    received an upgraded discharge under honorable conditions,
38    notwithstanding any action by the United States Department of
39    Veterans Affairs on individuals discharged or released with
40    other than honorable discharges. To receive benefits as a
41    wartime veteran, a veteran must have served in a campaign or
42    expedition for which a campaign badge has been authorized ora
43    veteran must have served during one of the following periods of
44    wartime service:
45          (a) Spanish-American War: April 21, 1898, to July 4, 1902,
46    and including the Philippine Insurrection and the Boxer
47    Rebellion.
48          (b) Mexican Border Period: May 9, 1916, to April 5, 1917,
49    in the case of a veteran who during such period served in
50    Mexico, on the borders thereof, or in the waters adjacent
51    thereto.
52          (c) World War I: April 6, 1917, to November 11, 1918;
53    extended to April 1, 1920, for those veterans who served in
54    Russia; also extended through July 1, 1921, for those veterans
55    who served after November 11, 1918, and before July 2, 1921,
56    provided such veterans had at least 1 day of service between
57    April 5, 1917, and November 12, 1918.
58          (d) World War II: December 7, 1941, to December 31, 1946.
59          (e) Korean Conflict: June 27, 1950, to January 31, 1955.
60          (f) Vietnam Era: February 28, 1961, to May 7, 1975.
61          (g) Persian Gulf War: August 2, 1990, to January 2, 1992
62    and ending on the date thereafter prescribed by presidential
63    proclamation or by law.
64          Section 2. Paragraph (c) of subsection (1) of section
65    295.07, Florida Statutes, is amended to read:
66          295.07 Preference in appointment and retention.--
67          (1) The state and political subdivisions in the state
68    shall give preference in appointment and retention in positions
69    of employment to:
70          (c) A veteran of any war as defined in s. 1.01(14). The
71    veteran must have served at least 1 day during a wartime period
72    to be eligible for veterans' preference. Active duty for
73    training shall not be allowed for eligibility under this
74    paragraph.
75          Section 3. Subsection (2) of section 295.182, Florida
76    Statutes, is amended to read:
77          295.182 Florida World War II Veterans Memorial Matching
78    Trust Fund; contributions; use.--
79          (2) For the 2002-2003 fiscal year only,The department may
80    receive contributions from public bodies as defined in s.
81    1.01(8). Public bodies are authorized to appropriate funds, in
82    lump sum or otherwise, for the purpose of making contributions
83    to the trust fund. This subsection expires July 1, 2003.
84          Section 4. Section 296.10, Florida Statutes, is amended to
85    read:
86          296.10 Residents; contribution to support.--
87          (1)(a)Each resident of the home who receives a pension,
88    compensation, or gratuity from the United States Government, or
89    income from any other source of more than $100 per month, with
90    adjustments in accordance with paragraph (b),shall contribute
91    to his or her maintenance and support while a resident of the
92    home in accordance with a schedule of payment determined by the
93    administrator and approved by the director. The total amount of
94    such contributions must be to the fullest extent possible, but
95    may not exceed the actual cost of operating and maintaining the
96    home.
97          (b) Whenever there is an increase in benefit amounts
98    payable under Title II of the Social Security Act, 42 U.S.C. ss.
99    401 et seq., as a result of a determination made under section
100    215(i) of such act, 42 U.S.C. s. 415(i), the administrator shall
101    increase the amount that each resident shall be allowed to
102    retain. The increased amount will be determined by the
103    percentage used to increase the benefits under the Social
104    Security Act, 42 U.S.C. ss. 401 et seq. This first such increase
105    to residents' personal use funds will take place on January 1,
106    2004, and shall be continued each ensuing year that there is an
107    increase in benefits under the said act.
108          Section 5. This act shall take effect upon becoming a law.