Florida Senate - 2008 SB 2120

By Senator Peaden

2-03660-08 20082120__

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A bill to be entitled

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An act relating to trust funds of the Department of

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Veterans' Affairs; creating s. 20.375, F.S.; providing for

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the administration of the Federal Grants Trust Fund, the

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Grants and Donations Trust Fund, the Operations and

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Maintenance Trust Fund, and the State Homes for Veterans

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Trust Fund by the Department of Veterans' Affairs;

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providing for sources of funds and purposes; providing for

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annual carryforward of funds; amending ss. 296.11 and

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296.38, F.S.; specifying an additional use of moneys in

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the Grants and Donations Trust Fund of the department for

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the benefit of veterans who are residents of the Veterans'

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Domiciliary Home of Florida or a veterans' nursing home;

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providing an effective date.

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

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     Section 1.  Section 20.375, Florida Statutes, is created to

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read:

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     20.375 Department of Veterans' Affairs; trust funds.--The

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following trust funds shall be administered by the Department of

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Veterans' Affairs:

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     (1) Federal Grants Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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of any fiscal year shall remain in the trust fund at the end of

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the year and shall be available for carrying out the purposes of

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the trust fund.

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     (2) Grants and Donations Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of ss.

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215.32, 296.11, 296.38, and 320.089.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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of any fiscal year shall remain in the trust fund at the end of

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the year and shall be available for carrying out the purposes of

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the trust fund.

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     (3) Operations and Maintenance Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of ss.

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215.32, 296.11, and 296.38.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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of any fiscal year shall remain in the trust fund at the end of

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the year and shall be available for carrying out the purposes of

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the trust fund.

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     (4) State Homes for Veterans Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of ss.

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320.08058 and 320.0891.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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of any fiscal year shall remain in the trust fund at the end of

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the year and shall be available for carrying out the purposes of

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the trust fund.

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

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Statutes, is amended to read:

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     296.11  Funds of home and disposition of moneys.--

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     (2)  The home shall deposit all moneys received pursuant to

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s. 296.15 into the Grants and Donations Trust Fund. Moneys in the

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Grants and Donations Trust Fund must be expended for the common

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benefit of the residents of the home, such as improved

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facilities, recreational equipment, and recreational supplies,

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and goods and services offered or available to all residents,

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subject to the requirements of chapter 216.

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     Section 3.  Subsection (2) of section 296.38, Florida

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Statutes, is amended to read:

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     296.38  Funds of home and disposition of moneys.--

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     (2)  The home shall be empowered to receive and accept

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gifts, grants, and endowments in the name of the home. All such

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gifts, grants, and endowments are to be used for the benefit of

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the home and its residents. The administrator, together with the

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director, shall have the authority to determine how these gifts,

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grants, and endowments could best benefit the home and its

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residents unless the benefactor requests or instructs that the

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gift, grant, or endowment be used for a specific purpose. The

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home shall deposit all moneys received pursuant to this

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subsection into the Grants and Donations Trust Fund. Moneys in

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the Grants and Donations Trust Fund shall be expended for the

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common benefit of the residents of the home, such as recreational

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equipment, improved facilities, and recreational supplies, and

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goods and services offered or available to all residents.

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     Section 4.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.