Senate Bill sb0962

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    Florida Senate - 2002                                   SB 962

    By Senator Sanderson





    31-346-02

  1                      A bill to be entitled

  2         An act relating to veterans; amending ss.

  3         296.04, 296.34, F.S.; revising provisions

  4         relating to the state appointment and duties of

  5         the veterans' homes' administrators; defining

  6         duties of the administrators; eliminating a

  7         residency requirement; amending s. 296.11,

  8         F.S.; eliminating a requirement that certain

  9         interest be deposited into the Grants and

10         Donations Trust Fund; amending s. 296.12, F.S.;

11         requiring an accounting of certain funds in the

12         Residents' Deposits Trust Fund and eliminating

13         a requirement that interest accrued in the fund

14         be deposited into the Grants and Donations

15         Trust Fund; amending s. 296.32, F.S.;

16         authorizing more than one veterans' nursing

17         home; amending s. 296.33, F.S.; revising

18         definitions; amending s. 296.38, F.S.;

19         requiring the accounting of certain funds;

20         eliminating a requirement that interest accrued

21         be deposited in the Grants and Donations Trust

22         Fund; providing an effective date.

23

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

25

26         Section 1.  Subsections (1), (3), and (4) of section

27  296.04, Florida Statutes, are amended to read:

28         296.04  Administrator; duties and qualifications;

29  responsibilities.--

30         (1)  The director shall appoint an administrator who

31  shall be responsible for the overall operation serve as the

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    Florida Senate - 2002                                   SB 962
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  1  chief executive of the home and the care of the residents

  2  shall have the immediate custody and control of all property

  3  used in connection with the home in accordance with chapter

  4  273.

  5         (3)  The administrator shall be a resident of the state

  6  at the time of entering into employment in the position.  The

  7  position shall be assigned to the Selected Exempt Service

  8  under part V of chapter 110.  The director shall give veterans

  9  afford applicants veterans' preference in selecting an

10  administrator, as provided appointment in accordance with ss.

11  295.07 and 295.085.  In addition, the administrator must have

12  at least a 4-year degree from an accredited university or

13  college and 3 years of administrative experience in a health

14  care facility, or any equivalent combination of experience,

15  training, and education totaling 7 years in work relating to

16  administration of a health care facility.

17         (4)(a)  The administrator shall forward to the

18  department all applications approved by him or her for

19  employment with the home.

20         (b)  All employees who fill authorized and established

21  positions appropriated for the home shall be state employees.

22  The department shall classify such employees in the manner

23  prescribed in chapter 110.

24         Section 2.  Subsection (2) of section 296.11, Florida

25  Statutes, is amended to read:

26         296.11  Funds of home and disposition of moneys.--

27         (2)  The home shall deposit all moneys received

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

29  Residents' Deposits Trust Fund pursuant to s. 296.12 into the

30  Grants and Donations Trust Fund.  Moneys in the Grants and

31  Donations Trust Fund must be expended for the common benefit

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    Florida Senate - 2002                                   SB 962
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  1  of the residents of the home such as improved facilities,

  2  recreational equipment, and recreational supplies subject to

  3  the requirements of chapter 216.

  4         Section 3.  Section 296.12, Florida Statutes, is

  5  amended to read:

  6         296.12  Residents' Deposits Trust Fund.--

  7         (1)  There is created a Residents' Deposits Trust Fund.

  8  All moneys received by the home under this section must be

  9  deposited into the Residents' Deposits Trust Fund, a local

10  fund that is administered by the home and is not a part of the

11  State Treasury. The home's financial manager shall account for

12  all moneys deposited and any interest accruing on the trust

13  fund.

14         (2)  The residents of the home may voluntarily deposit

15  with the home moneys that the home must receive and keep

16  without charge in the Residents' Deposits Trust Fund.  Such

17  Moneys voluntarily deposited and interest earned with the home

18  by a resident may be withdrawn, in whole or in part, at the

19  will of the resident.  Upon the resident's death, any balance

20  that remains and is neither disposed of by will nor paid to

21  his or her heirs at law must be paid to the state in

22  accordance with the provisions of chapter 717.

23         (3)  Upon a resident's discharge or voluntary departure

24  from the home, if such moneys are not demanded at the time of

25  discharge or departure, or within a period of 3 years

26  thereafter, or demanded by the heirs, devisees, or legatees in

27  case of the resident's decease after his or her discharge or

28  voluntary departure, the moneys must be paid to the state as

29  provided in chapter 717.

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  1         (4)  All accrued interest on this trust fund must be

  2  accounted for by the financial manager and deposited to the

  3  Grants and Donations Trust Fund.

  4         Section 4.  Section 296.32, Florida Statutes, is

  5  amended to read:

  6         296.32  Purpose.--The purpose of this part is to

  7  provide for the establishment of basic standards for the

  8  operation of veterans' nursing homes the Veterans' Nursing

  9  Home of Florida for eligible veterans in need of such

10  services.

11         Section 5.  Section 296.33, Florida Statutes, is

12  amended to read:

13         296.33  Definitions.--As When used in this part, unless

14  the context clearly indicates otherwise, the term:

15         (1)  "Administrator" means the licensed person who has

16  been appointed to serve as the chief executive of the home and

17  has the general administrative charge of the facility.

18         (2)  "Department" means the Florida Department of

19  Veterans' Affairs.

20         (3)  "Director" means the executive director of the

21  Florida Department of Veterans' Affairs.

22         (4)  "Home" means a licensed health care facility

23  operated by the department pursuant to part II of chapter 400.

24         (5)(4)  "Resident" means any eligible veteran admitted

25  to the home.

26         (6)(5)  "Veteran" means a person as defined in s.

27  1.01(14).

28         (6)  "Veterans' Nursing Home of Florida," hereinafter

29  referred to as the "home," means a licensed health care

30  facility operated by the department pursuant to the provisions

31  of part II of chapter 400.

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  1         Section 6.  Section 296.34, Florida Statutes, is

  2  amended to read:

  3         296.34  Administrator; qualifications, duties, and

  4  responsibilities.--

  5         (1)  The director shall appoint an administrator of

  6  each the home who shall be responsible for the overall

  7  operation the chief executive of the home and the care of the

  8  residents.

  9         (2)  The position shall be assigned to the Selected

10  Exempt Service under part V of chapter 110.  The director

11  shall give veterans preference in selecting an administrator,

12  appointment as provided in ss. 295.07 and 295.085 to

13  applicants for the position of administrator.

14         (2)  The administrator, at the time of entering

15  employment and at all times while employed as the

16  administrator must, shall:

17         (a)  Be a resident of the state.

18         (b)  hold a current valid license as a nursing home

19  administrator under in accordance with the provisions of part

20  II of chapter 468 and the rules promulgated by the Board of

21  Nursing Home Administrators.

22         (3)  The administrator shall have the immediate custody

23  and control of all property used in connection with the home

24  in accordance with chapter 273.  The administrator shall

25  determine the eligibility of applicants for admission to the

26  home in accordance with provisions of this part and, together

27  with the director, shall adopt all rules necessary for the

28  proper administration of the home, including rules for the

29  preservation of order and enforcement of discipline in the

30  home.  All rules governing the home shall conform as nearly as

31  possible to the rules and regulations for comparable

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    Florida Senate - 2002                                   SB 962
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  1  facilities of the United States Department of Veterans

  2  Affairs.

  3         (4)(a)  The administrator shall forward to the

  4  department all applications approved by him or her for

  5  employment with the home.

  6         (4)(b)  All employees who fill authorized and

  7  established positions appropriated for the home shall be state

  8  employees.  The department shall classify such employees in

  9  the manner prescribed in chapter 110.

10         (5)  The administrator shall administer and enforce all

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

12  have the power to dismiss any resident of the home for any

13  infraction of rules, subject to the approval of the director.

14         Section 7.  Subsection (3) of section 296.38, Florida

15  Statutes, is amended to read:

16         296.38  Funds of home and disposition of moneys.--

17         (3)(a)  There is hereby created a Residents' Deposits

18  Trust Fund.  All moneys received by the home pursuant to this

19  subsection shall be deposited into the Residents' Deposits

20  Trust Fund, a local fund administered by the home and which is

21  not a part of the State Treasury. The home's financial manager

22  shall account for all moneys deposited and any interest

23  accruing on the trust fund.

24         (b)  The residents of the home may voluntarily deposit

25  moneys with the home, which the home shall receive and keep

26  without charge in the Residents' Deposits Trust Fund.  Such

27  Moneys voluntarily deposited and interest earned with the home

28  by a resident may be withdrawn, in whole or in part, at the

29  will of the resident. Any balance remaining upon the

30  resident's death, undisposed of by will and not paid to his or

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    Florida Senate - 2002                                   SB 962
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  1  her heirs at law, shall be paid to the state in accordance

  2  with the provisions of chapter 717.

  3         (c)  Upon a resident's discharge or voluntary departure

  4  from the home, if such moneys are not so demanded at the time

  5  of discharge or departure, or within a period of 3 years

  6  thereafter, or demanded by the heirs, devisees, or legatees in

  7  case of the resident's decease after his or her discharge or

  8  voluntary departure, the same shall be paid to the state as

  9  provided in chapter 717.

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

11  accounted for by the financial manager and deposited to the

12  Grants and Donations Trust Fund.

13         Section 8.  This act shall take effect July 1, 2002.

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16                          SENATE SUMMARY

17    Revises provisions relating to state veterans' nursing
      homes. Eliminates a residency requirement for
18    administrators and revises the duties of the
      administrator. Eliminates requirements relating to the
19    deposit of interest into the Grants and Donations Trust
      Fund and requires an accounting of the Residents'
20    Deposits Trust Fund. Authorizes additional nursing homes.
      (See bill for details.)
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