Senate Bill sb2378

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2378

    By Senator Fasano





    11-1378-03                                         See HB 1241

  1                      A bill to be entitled

  2         An act relating to veterans' affairs; amending

  3         s. 1.01, F.S.; revising the definition of the

  4         term "veteran"; providing preference

  5         eligibility to veterans who served in a

  6         campaign or expedition for which a campaign

  7         badge has been authorized or who serve during a

  8         period of any future declaration of war by the

  9         Congress; providing an end date to the Persian

10         Gulf War; amending s. 295.07, F.S.; excluding

11         active duty for training from criteria for

12         eligibility for veterans' appointment and

13         retention preference; amending s. 295.182,

14         F.S.; deleting timeframe for authorization to

15         receive contributions from public bodies to the

16         Florida World War II Veterans Memorial Matching

17         Trust Fund; amending s. 296.10, F.S.;

18         authorizing the automatic adjustment in

19         contributions to support a resident whenever

20         there is an increase in benefit amounts payable

21         under Title II of the Social Security Act;

22         providing an effective date.

23  

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

25  

26         Section 1.  Subsection (14) of section 1.01, Florida

27  Statutes, is amended to read:

28         1.01  Definitions.--In construing these statutes and

29  each and every word, phrase, or part hereof, where the context

30  will permit:

31  

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    Florida Senate - 2003                                  SB 2378
    11-1378-03                                         See HB 1241




 1         (14)  The term "veteran" means a person who served in

 2  the active military, naval, or air service and who was

 3  discharged or released therefrom under honorable conditions

 4  only or who later received an upgraded discharge under

 5  honorable conditions, notwithstanding any action by the United

 6  States Department of Veterans Affairs on individuals

 7  discharged or released with other than honorable discharges.

 8  To receive benefits as a wartime veteran, a veteran must have

 9  served in a campaign or expedition for which a campaign badge

10  has been authorized or during a period beginning on the date

11  of any future declaration of war by the Congress of the United

12  States and ending on the date prescribed by presidential

13  proclamation or concurrent resolution of the Congress of the

14  United States, or a veteran must have served during one of the

15  following periods of wartime service:

16         (a)  Spanish-American War: April 21, 1898, to July 4,

17  1902, and including the Philippine Insurrection and the Boxer

18  Rebellion.

19         (b)  Mexican Border Period: May 9, 1916, to April 5,

20  1917, in the case of a veteran who during such period served

21  in Mexico, on the borders thereof, or in the waters adjacent

22  thereto.

23         (c)  World War I: April 6, 1917, to November 11, 1918;

24  extended to April 1, 1920, for those veterans who served in

25  Russia; also extended through July 1, 1921, for those veterans

26  who served after November 11, 1918, and before July 2, 1921,

27  provided such veterans had at least 1 day of service between

28  April 5, 1917, and November 12, 1918.

29         (d)  World War II: December 7, 1941, to December 31,

30  1946.

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    Florida Senate - 2003                                  SB 2378
    11-1378-03                                         See HB 1241




 1         (e)  Korean Conflict: June 27, 1950, to January 31,

 2  1955.

 3         (f)  Vietnam Era: February 28, 1961, to May 7, 1975.

 4         (g)  Persian Gulf War: August 2, 1990, to January 2,

 5  1992 and ending on the date thereafter prescribed by

 6  presidential proclamation or by law.

 7         Section 2.  Paragraph (c) of subsection (1) of section

 8  295.07, Florida Statutes, is amended to read:

 9         295.07  Preference in appointment and retention.--

10         (1)  The state and political subdivisions in the state

11  shall give preference in appointment and retention in

12  positions of employment to:

13         (c)  A veteran of any war as defined in s. 1.01(14).

14  The veteran must have served at least 1 day during a wartime

15  period to be eligible for veterans' preference. Active duty

16  for training shall not be allowed for eligibility under this

17  paragraph.

18         Section 3.  Subsection (2) of section 295.182, Florida

19  Statutes, is amended to read:

20         295.182  Florida World War II Veterans Memorial

21  Matching Trust Fund; contributions; use.--

22         (2)  For the 2002-2003 fiscal year only, The department

23  may receive contributions from public bodies as defined in s.

24  1.01(8). Public bodies are authorized to appropriate funds, in

25  lump sum or otherwise, for the purpose of making contributions

26  to the trust fund. This subsection expires July 1, 2003.

27         Section 4.  Section 296.10, Florida Statutes, is

28  amended to read:

29         296.10  Residents; contribution to support.--

30         (1)(a)  Each resident of the home who receives a

31  pension, compensation, or gratuity from the United States

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    Florida Senate - 2003                                  SB 2378
    11-1378-03                                         See HB 1241




 1  Government, or income from any other source of more than $100

 2  per month, with adjustments in accordance with paragraph (b),

 3  shall contribute to his or her maintenance and support while a

 4  resident of the home in accordance with a schedule of payment

 5  determined by the administrator and approved by the director.

 6  The total amount of such contributions must be to the fullest

 7  extent possible, but may not exceed the actual cost of

 8  operating and maintaining the home.

 9         (b)  Whenever there is an increase in benefit amounts

10  payable under Title II of the Social Security Act, 42 U.S.C.

11  ss. 401 et seq., as a result of a determination made under

12  section 215(i) of such act, 42 U.S.C. s. 415(i), the

13  administrator shall increase the amount that each resident

14  shall be allowed to retain. The increased amount will be

15  determined by the percentage used to increase the benefits

16  under the Social Security Act, 42 U.S.C. ss. 401 et seq. This

17  first such increase to residents' personal use funds will take

18  place on January 1, 2004, and shall be continued each ensuing

19  year that there is an increase in benefits under the said act.

20         Section 5.  This act shall take effect upon becoming a

21  law.

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