Florida Senate - 2023                                     SB 824
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01079-23                                            2023824__
    1                        A bill to be entitled                      
    2         An act relating to veterans’ services and recognition;
    3         amending s. 20.37, F.S.; creating the Division of
    4         Long-term Care within the Department of Veterans’
    5         Affairs; amending s. 292.11, F.S.; revising
    6         qualifications for employment of county and city
    7         veteran service officers; creating part III of ch.
    8         296, F.S.; creating the “Veterans’ Adult Day Health
    9         Care of Florida Act”; providing a purpose and
   10         definitions; providing for the appointment of an
   11         operator; specifying the qualifications, duties, and
   12         responsibilities of the operator; establishing a
   13         nondiscrimination policy for the program; providing
   14         for eligibility and priority of admittance; providing
   15         for participants’ contribution to support; providing
   16         for program audits, inspections, and operational
   17         standards; creating s. 683.1475, F.S.; designating the
   18         week of November 11 of each year as “Veterans Week” in
   19         Florida; authorizing the Governor to issue an annual
   20         proclamation; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (c) is added to subsection (2) of
   25  section 20.37, Florida Statutes, to read:
   26         20.37 Department of Veterans’ Affairs.—There is created a
   27  Department of Veterans’ Affairs.
   28         (2) The following divisions, and bureaus within these
   29  divisions, of the Department of Veterans’ Affairs are
   30  established:
   31         (c)Division of Long-term Care.
   32         Section 2. Subsection (1) of section 292.11, Florida
   33  Statutes, is amended to read:
   34         292.11 County and city veteran service officer.—
   35         (1) Each board of county commissioners and the governing
   36  body of any city may employ a county veteran service officer;
   37  provide office space, clerical assistance, and the necessary
   38  supplies incidental to providing and maintaining a county
   39  service office; and pay related said expenses and salaries from
   40  the moneys hereinafter provided for. The governing body of any
   41  city may employ a city veteran service officer; provide such
   42  office space, clerical assistance, and supplies; and pay
   43  expenses and salaries. A county or city veteran service officer
   44  must be a veteran as defined in s. 1.01(14) who served as a
   45  member of the Armed Forces of the United States during a period
   46  of war, as defined in Title 38, U.S.C.; who served at least 18
   47  months’ active duty in the Armed Forces; and who was separated
   48  from such service under honorable conditions, or the surviving
   49  spouse of any such a veteran and must. Any honorably discharged
   50  wartime veteran who was so discharged for service-connected or
   51  aggravated medical reasons before serving 18 months of active
   52  duty; who completed a tour of duty other than active duty for
   53  training, regardless of the length of the tour; or who satisfied
   54  his or her military obligation in a manner other than active
   55  duty for training or reserve duty shall be eligible for
   56  employment as a county or city veteran service officer. Every
   57  county or city veteran service officer, in order to be eligible
   58  for employment as a county or city veteran service officer,
   59  shall have a 2-year degree from an accredited university,
   60  college, or community college or a high school degree or
   61  equivalency diploma and 4 years of administrative experience.
   62         Section 3. Part III of chapter 296, Florida Statutes,
   63  consisting of sections 296.42 through 296.49, is created to
   64  read:
   65                              PART III                             
   66           VETERANS’ ADULT DAY HEALTH CARE OF FLORIDA ACT          
   67         296.42Short title.—This part may be cited as the
   68  “Veterans’ Adult Day Health Care of Florida Act.”
   69         296.43Purpose.—The purpose of this part is to provide for
   70  the establishment of basic standards for the operation of
   71  veterans’ adult day health care programs for eligible veterans
   72  in need of such services.
   73         296.44Definitions.—As used in this part, the term:
   74         (1)“Contractor” means an entity responsible for the day
   75  to-day operations of an adult day health care facility or adult
   76  day care center as prescribed by 38 C.F.R. s. 59.160 or part III
   77  of chapter 429, respectively. The contractor may be a for-profit
   78  or nonprofit entity that operates the adult day health care
   79  facility or adult day care center under the direction of the
   80  executive director of the department.
   81         (2)“Department” means the Department of Veterans’ Affairs.
   82         (3)“Director” means the executive director of the
   83  department.
   84         (4)“Operator” means the person designated to have and who
   85  has the general administrative charge of an adult day health
   86  care facility or adult day care center. The administrator of a
   87  veterans’ nursing home under s. 296.34 or the administrator of
   88  the Veterans’ Domiciliary Home of Florida under s. 296.04 may
   89  serve as the operator if the adult day health care facility or
   90  adult day care center is collocated at an existing veterans’
   91  nursing home or the Veterans’ Domiciliary Home of Florida or is
   92  a freestanding facility.
   93         (5)“Participant” means an eligible veteran recipient of
   94  basic services or of supportive and optional services provided
   95  by an adult day health care facility or adult day care center.
   96         (6)“Program” means a licensed facility operated by the
   97  department under part III of chapter 429.
   98         (7)“Veteran” has the same meaning as in s. 1.01(14).
   99         296.45Operator; qualifications, duties, and
  100  responsibilities.—
  101         (1)The director shall appoint an operator who is
  102  responsible for the overall operation of the program and for the
  103  care of the participant or shall designate a contractor to
  104  perform the same duties.
  105         (2)The operator shall determine the eligibility of
  106  applicants for admission to the program in accordance with
  107  provisions of this part and, together with the director, shall
  108  adopt rules necessary for the proper administration of the
  109  program, including rules for the preservation of order and
  110  enforcement of discipline in the program. Rules governing the
  111  program must conform as nearly as possible to the rules and
  112  regulations for comparable facilities of the United States
  113  Department of Veterans Affairs.
  114         (3)The operator position is assigned to the Selected
  115  Exempt Service under part V of chapter 110 unless the operation
  116  of the program is assigned to a contractor. The director shall
  117  give veterans preference in selecting an operator as provided in
  118  ss. 295.07 and 295.085 if the operation of the program is not
  119  assigned to a contractor.
  120         (4)Employees who fill authorized and established positions
  121  appropriated for the program must be state employees unless the
  122  operation of the program is assigned to a contractor. The
  123  department shall classify such employees in the manner
  124  prescribed in chapter 110.
  125         (5)The operator shall administer and enforce all rules of
  126  the program, including rules of discipline, and may dismiss a
  127  participant in the program for an infraction of the rules,
  128  subject to the approval of the director.
  129         296.46Nondiscrimination policy of the program.—It is the
  130  policy of the state to admit residents into the program without
  131  regard to race, age, sex, creed, religion, national origin, or
  132  any other reason that would thereby create a practice of
  133  discrimination. However, consideration of an applicant’s veteran
  134  status does not constitute discrimination.
  135         296.47Eligibility and priority of admittance.—
  136         (1)To be eligible for admittance to the program, the
  137  person must be a veteran or have eligible peacetime service as
  138  defined in s. 296.02 and must:
  139         (a)Be in need of adult day health care;
  140         (b)Be a resident of this state at the time of application
  141  for admission to the program;
  142         (c)Not owe money to the department for services rendered
  143  during any previous stay at a department facility;
  144         (d)Have applied for all financial assistance reasonably
  145  available through governmental sources; and
  146         (e)Have been approved as eligible for care and treatment
  147  by the United States Department of Veterans Affairs.
  148         (2)The operator may waive the residency requirement for a
  149  veteran who is otherwise eligible under Florida law for
  150  admittance to a program. The waiver must be limited to a veteran
  151  who is a disaster evacuee of a state that is under a declared
  152  state of emergency.
  153         (3)Admittance priority must be given to eligible veterans
  154  in the following order of priority:
  155         (a)An eligible veteran who is a resident of this state.
  156         (b)An eligible veteran who has a service-connected
  157  disability as determined by the United States Department of
  158  Veterans Affairs, or was discharged or released from military
  159  service for a disability incurred or aggravated in the line of
  160  duty, and the disability is the condition for which adult day
  161  health care is needed.
  162         (c)An eligible veteran who has a non-service-connected
  163  disability and is unable to defray the expense of adult day
  164  health care and so states under oath before a notary public or
  165  other officer authorized to administer an oath.
  166         296.48Participants; contribution to support.—The operator
  167  may, if there is room, admit to participation in the program a
  168  veteran who has sufficient means for his or her own support but
  169  is otherwise eligible to become a participant in the program,
  170  upon payment of the full cost of his or her support, which cost
  171  and method of collection must be fixed from time to time by the
  172  operator.
  173         296.49Audit; inspection; standards for the program.—The
  174  program must be open at any time to audit and inspection by the
  175  Auditor General and the Office of Program Policy Analysis and
  176  Government Accountability, as provided by law, the department,
  177  and the United States Department of Veterans Affairs, and to any
  178  other audits or inspections as required by law to maintain
  179  appropriate standards in the program. The standards that the
  180  department must use to regulate the operation of the program are
  181  those prescribed by the United States Department of Veterans
  182  Affairs, provided that when the state’s standards are more
  183  restrictive, the standards of the state must apply.
  184         Section 4. Section 683.1475, Florida Statutes, is created
  185  to read:
  186         683.1475Veterans Week.—
  187         (1)The week of November 11 of each year is designated as
  188  “Veterans Week.”
  189         (2)The Governor may annually issue a proclamation
  190  designating the week of November 11 as Veterans Week.” Public
  191  officials, schools, private organizations, and all residents of
  192  this state are encouraged to commemorate Veterans Week and honor
  193  the men and women who answered the call during times of war and
  194  peace to protect and preserve the treasured freedom of all
  195  citizens of the United States.
  196         Section 5. This act shall take effect July 1, 2023.