reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.10 - Residents; contribution to support.

296.10 Residents; contribution to support.—
(1)(a) Each resident of the home who receives a pension, compensation, or gratuity from the United States Government, or income from any other source of more than $100 per month, with adjustments in accordance with paragraph (b), shall contribute to his or her maintenance and support while a resident of the home in accordance with a schedule of payment determined by the administrator and approved by the director. The total amount of such contributions must be to the fullest extent possible, but may not exceed the actual cost of operating and maintaining the home.
(b) Whenever there is an increase in benefit amounts payable under Title II of the Social Security Act, 42 U.S.C. ss. 401 et seq., as a result of a determination made under s. 215(i) of such act, 42 U.S.C. s. 415(i), the administrator shall increase the amount that each resident shall be allowed to retain. The increased amount will be determined by the percentage used to increase the benefits under the Social Security Act, 42 U.S.C. ss. 401 et seq. This first such increase to residents’ personal use funds will take place on January 1, 2004, and shall be continued each ensuing year that there is an increase in benefits under the said act.
(2) Notwithstanding subsection (1), each resident who participates in a vocational rehabilitation or work incentive program shall contribute to his or her support in an amount that is determined by the administrator and approved by the director, is computed at 50 percent of the resident’s net earnings after taxes and after the setoff of the first $100 per month, and does not exceed the cost of care. The resident is required to authorize the administrator of the home to secure from the employer sufficient information to verify the resident’s earnings under the program.
(3) The administrator may, if there is room, admit to residency in the home veterans who have sufficient means for their own support, but are otherwise eligible to become residents of the home, on payment of the full cost of their support, which cost and method of collection shall be fixed by the administrator.
History.—s. 8, ch. 89-168; s. 11, ch. 92-80; s. 8, ch. 98-16; s. 4, ch. 2003-42; s. 23, ch. 2004-5.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.11 - Funds of home and disposition of moneys.

296.11 Funds of home and disposition of moneys.—
(1) The home shall deposit all moneys it receives for care of residents from the United States Department of Veterans Affairs and residents into the Operations and Maintenance Trust Fund. All such moneys must be expended for the purpose of supporting program operations that benefit veterans or the operation, maintenance, or construction of a home, subject to the requirements of chapter 216.
(2) The home shall deposit all moneys received pursuant to s. 296.15 into the Grants and Donations Trust Fund. Moneys in the Grants and Donations Trust Fund must be expended for the common benefit of the residents of the home, such as improved facilities, recreational equipment, recreational supplies, and goods and services offered or available to all residents, subject to the requirements of chapter 216.
(3) This section does not prohibit the use of revolving funds or clearing accounts if they are established in the manner prescribed by law.
History.—s. 8, ch. 89-168; s. 12, ch. 92-80; s. 49, ch. 96-418; s. 9, ch. 98-16; s. 2, ch. 2002-298; s. 2, ch. 2008-18; s. 3, ch. 2017-157.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.12 - Residents’ Deposits Trust Fund.

296.12 Residents’ Deposits Trust Fund.—
(1) There is created a Residents’ Deposits Trust Fund. All moneys received by the home under this section must be deposited into the Residents’ Deposits Trust Fund, a local fund that is administered by the home and is not a part of the State Treasury. The home’s financial manager shall account for all moneys deposited and any interest accruing on the trust fund.
(2) The residents of the home may voluntarily deposit with the home moneys that the home must receive and keep without charge in the Residents’ Deposits Trust Fund. Moneys deposited and interest earned may be withdrawn, in whole or in part, at the will of the resident. Upon the resident’s death, any balance that remains and is neither disposed of by will nor paid to his or her heirs at law must be paid to the state in accordance with the provisions of chapter 717.
(3) Upon a resident’s discharge or voluntary departure from the home, if such moneys are not demanded at the time of discharge or departure, or within a period of 3 years thereafter, or demanded by the heirs, devisees, or legatees in case of the resident’s decease after his or her discharge or voluntary departure, the moneys must be paid to the state as provided in chapter 717.
History.—s. 8, ch. 89-168; s. 13, ch. 92-80; s. 257, ch. 95-148; s. 50, ch. 96-418; s. 10, ch. 98-16; s. 3, ch. 2002-298.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.13 - Death of resident; disposition of moneys held.

296.13 Death of resident; disposition of moneys held.—
(1) Any balance of moneys which belongs to a resident and is held by the home, or by its authority, at the time of the resident’s death and which is not disposed of by will, must be held as a special trust fund to be paid by the home upon proof that the administrator considers proper, directly and without probate, to heirs of the resident, except that the administrator may disburse funds of any deceased resident for payment of the resident’s funeral expenses.
(2) If no heirs are discovered within 1 year after the death of a resident, or if the heirs who are discovered within that time are not entitled to all of the remaining moneys, the moneys that are not paid to the heirs nor disposed of by will must be paid to the state as provided in chapter 717.
History.—s. 8, ch. 89-168; s. 11, ch. 98-16.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.14 - Personal property; deceased residents; residents leaving.

296.14 Personal property; deceased residents; residents leaving.—
(1) Any resident of the home may deposit personal property other than money with the administrator for safekeeping. The property must be returned to the depositor upon demand, and a written statement of acceptance must be executed by the depositor under oath.
(2) The administrator or the administrator’s designee must maintain an itemized record of the deposit of personal property which contains, but need not be limited to, the name of the depositor, the date of deposit, a description of the article or articles deposited, the disposition of the article or articles, and the date of disposition.
(3) The personal property of a deceased resident which is not otherwise provided for may be held for the heirs, devisees, or legatees for a period of 1 year after the date of the resident’s death. The personal property of a resident who is discharged or voluntarily leaves may be held for the resident or for his or her heirs, devisees, or legatees for a period of 1 year after the date of discharge or departure.
(4) The administrator may make a monthly charge for the safekeeping of unclaimed personal property. If the charge is not paid, a lien upon the property to secure its payment accrues to the home.
(5) The administrator shall cause a public sale to be held when in the judgment of the administrator the probable value of the property exceeds the probable cost of the sale. All cost incurred in the sale of the unclaimed personal property must be reimbursed to the home along with any lien on the property. All unclaimed funds must be disposed of in accordance with chapter 717.
History.—s. 8, ch. 89-168; s. 258, ch. 95-148; s. 12, ch. 98-16.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.15 - Gifts, grants, and endowments to the home.

296.15 Gifts, grants, and endowments to the home.—The home may receive and accept gifts, grants, and endowments in the name of the home. All such gifts, grants, and endowments are to be used for the benefit of the home and its residents. The administrator, together with the director, shall determine how these gifts, grants, and endowments could best benefit the home and its residents unless the benefactor requests or instructs that the gift, grant, or endowment be used for a specific purpose.
History.—s. 8, ch. 89-168; s. 13, ch. 98-16.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part I - Veterans’ Domiciliary Home of Florida Act (Ss. 296.01-296.17) › 296.17 - Audit; inspection; and standards for the home.

296.17 Audit; inspection; and standards for the home.—The home shall be open at any time to audit and inspection by the Auditor General and the Office of Program Policy Analysis and Government Accountability, as provided by law, the Department of Veterans’ Affairs, the United States Department of Veterans Affairs, and to any other audits or inspections as required by law to maintain appropriate standards in the home. The standards that the department shall use to regulate the operation of the home shall be those prescribed by the United States Department of Veterans Affairs, provided that where the state’s standards are more restrictive, the standards of the state shall apply.
History.—s. 8, ch. 89-168; s. 97, ch. 2001-266.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.32 - Purpose.

296.32 Purpose.—The purpose of this part is to provide for the establishment of basic standards for the operation of veterans’ nursing homes for eligible veterans in need of such services.
History.—s. 14, ch. 92-80; s. 4, ch. 2002-298.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.33 - Definitions.

296.33 Definitions.—As used in this part, the term:
(1) “Administrator” means the licensed person who has been appointed to serve as the chief executive of the home and has the general administrative charge of the facility.
(2) “Department” means the Florida Department of Veterans’ Affairs.
(3) “Director” means the executive director of the Florida Department of Veterans’ Affairs.
(4) “Home” means a licensed health care facility operated by the department pursuant to part II of chapter 400.
(5) “Resident” means any eligible veteran admitted to the home.
(6) “Veteran” means a person as defined in s. 1.01(14).
History.—s. 14, ch. 92-80; s. 84, ch. 99-13; s. 5, ch. 2002-298.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.34 - Administrator; qualifications, duties, and responsibilities.

296.34 Administrator; qualifications, duties, and responsibilities.—
(1) The director shall appoint an administrator of each home who shall be responsible for the overall operation of the home and the care of the residents.
(2) The position shall be assigned to the Selected Exempt Service under part V of chapter 110. The director shall give veterans preference in selecting an administrator, as provided in ss. 295.07 and 295.085. The administrator, at the time of entering employment and at all times while employed as the administrator must hold a current valid license as a nursing home administrator under part II of chapter 468.
(3) The administrator shall determine the eligibility of applicants for admission to the home in accordance with provisions of this part and, together with the director, shall adopt all rules necessary for the proper administration of the home, including rules for the preservation of order and enforcement of discipline in the home. All rules governing the home shall conform as nearly as possible to the rules and regulations for comparable facilities of the United States Department of Veterans Affairs.
(4) All employees who fill authorized and established positions appropriated for the home shall be state employees. The department shall classify such employees in the manner prescribed in chapter 110.
(5) The administrator shall administer and enforce all rules of the home, including rules of discipline, and shall have the power to dismiss any resident of the home for any infraction of rules, subject to the approval of the director.
History.—s. 14, ch. 92-80; s. 259, ch. 95-148; s. 15, ch. 98-16; s. 6, ch. 2002-298.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.35 - Nondiscrimination policy of the home.

296.35 Nondiscrimination policy of the home.—It is the policy of the state to admit residents into the home without regard to race, age, sex, creed, religion, national origin, or any other reason that would thereby create a practice of discrimination. However, consideration of an applicant’s veteran status shall not constitute discrimination.
History.—s. 14, ch. 92-80.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.36 - Eligibility and priority of admittance.

296.36 Eligibility and priority of admittance.—
(1) To be eligible for admittance to the home, the person must be a veteran as provided in s. 1.01(14) or have eligible peacetime service as defined in s. 296.02 and must:
(a) Be in need of nursing home care.
(b) Be a resident of the state at the time of application for admission to the home.
(c) Not owe money to the department for services rendered during any previous stay at a department facility.
(d) Have applied for all financial assistance reasonably available through governmental sources.
(e) Have been approved as eligible for care and treatment by the United States Department of Veterans Affairs.
(2) The director may waive the residency requirement for a veteran who is otherwise eligible under Florida law for admittance to a home. The waiver must be limited to a veteran who is a disaster evacuee of a state that is under a declared state of emergency.
(3) Admittance priority must be given to eligible veterans in the following order of priority:
(a) An eligible veteran who is a resident of the State of Florida.
(b) An eligible veteran who has a service-connected disability as determined by the United States Department of Veterans Affairs, or was discharged or released from military service for disability incurred or aggravated in the line of duty and the disability is the condition for which nursing home care is needed.
(c) An eligible veteran who has a non-service-connected disability and is unable to defray the expense of nursing home care and so states under oath before a notary public or other officer authorized to administer an oath.
History.—s. 14, ch. 92-80; s. 16, ch. 98-16; s. 2, ch. 2000-282; s. 1, ch. 2006-239; s. 4, ch. 2010-177; s. 23, ch. 2014-1.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.37 - Residents; contribution to support.

296.37 Residents; contribution to support.—
(1) Every resident of the home who receives a pension, compensation, or gratuity from the United States Government, or income from any other source of more than $160 per month, shall contribute to his or her maintenance and support while a resident of the home in accordance with a schedule of payment determined by the administrator and approved by the director. The total amount of such contributions shall be to the fullest extent possible but may not exceed the actual cost of operating and maintaining the home.
(2) The administrator may, if there is room, admit to residency in the home a veteran who has sufficient means for his or her own support, but is otherwise eligible to become a resident of the home, on payment of the full cost of his or her support, which cost and method of collection shall be fixed from time to time by the administrator.
History.—s. 14, ch. 92-80; s. 17, ch. 98-16; s. 11, ch. 2014-53; s. 22, ch. 2015-222; s. 47, ch. 2016-62; s. 4, ch. 2017-157; s. 31, ch. 2018-10; s. 9, ch. 2018-111; s. 47, ch. 2019-116; s. 37, ch. 2020-114; s. 1, ch. 2021-41; s. 1, ch. 2023-243.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.38 - Funds of home and disposition of moneys.

296.38 Funds of home and disposition of moneys.—
(1) The home shall deposit all moneys it receives for care of residents from the United States Department of Veterans Affairs and residents into the Operations and Maintenance Trust Fund. All such moneys shall be expended for the purpose of supporting program operations that benefit veterans or the operation, maintenance, or construction of a home, subject to the requirements of chapter 216.
(2) The home shall be empowered to receive and accept gifts, grants, and endowments in the name of the home. All such gifts, grants, and endowments are to be used for the benefit of the home and its residents. The administrator, together with the director, shall have the authority to determine how these gifts, grants, and endowments could best benefit the home and its residents unless the benefactor requests or instructs that the gift, grant, or endowment be used for a specific purpose. The home shall deposit all moneys received pursuant to this subsection into the Grants and Donations Trust Fund. Moneys in the Grants and Donations Trust Fund shall be expended for the common benefit of the residents of the home, such as recreational equipment, improved facilities, recreational supplies, and goods and services offered or available to all residents.
(3)(a) There is created a Residents’ Deposits Trust Fund. All moneys received by the home pursuant to this subsection shall be deposited into the Residents’ Deposits Trust Fund, a local fund administered by the home and which is not a part of the State Treasury. The home’s financial manager shall account for all moneys deposited and any interest accruing on the trust fund.
(b) The residents of the home may voluntarily deposit moneys with the home, which the home shall receive and keep without charge in the Residents’ Deposits Trust Fund. Moneys deposited and interest earned may be withdrawn, in whole or in part, at the will of the resident. Any balance remaining upon the resident’s death, undisposed of by will and not paid to his or her heirs at law, shall be paid to the state in accordance with the provisions of chapter 717.
(c) Upon a resident’s discharge or voluntary departure from the home, if such moneys are not so demanded at the time of discharge or departure, or within a period of 3 years thereafter, or demanded by the heirs, devisees, or legatees in case of the resident’s decease after his or her discharge or voluntary departure, the same shall be paid to the state as provided in chapter 717.
History.—s. 14, ch. 92-80; s. 260, ch. 95-148; s. 51, ch. 96-418; s. 18, ch. 98-16; s. 7, ch. 2002-298; s. 3, ch. 2008-18; s. 5, ch. 2017-157.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part II - Veterans’ Nursing Home of Florida Act (Ss. 296.31-296.41) › 296.41 - Audit; inspection; standards for the home.

296.41 Audit; inspection; standards for the home.—The home shall be open at any time to audit and inspection by the Auditor General and the Office of Program Policy Analysis and Government Accountability, as provided by law, the department, and the United States Department of Veterans Affairs, and to any other audits or inspections as required by law to maintain appropriate standards in the home. The standards that the department shall use to regulate the operation of the home shall be those prescribed by the United States Department of Veterans Affairs, provided that where the state’s standards are more restrictive, the standards of the state shall apply.
History.—s. 14, ch. 92-80; s. 98, ch. 2001-266.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.42 - Short title.

296.42 Short title.—This part may be cited as the “Veterans’ Adult Day Health Care of Florida Act.”
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.43 - Purpose.

296.43 Purpose.—The purpose of this part is to provide for the establishment of basic standards for the operation of veterans’ adult day health care programs for eligible veterans in need of such services.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.44 - Definitions.

296.44 Definitions.—As used in this part, the term:
(1) “Contractor” means an entity responsible for the day-to-day operations of an adult day health care facility or adult day care center as prescribed by 38 C.F.R. s. 59.160 or part III of chapter 429, respectively. The contractor may be a for-profit or nonprofit entity that operates the adult day health care facility or adult day care center under the direction of the executive director of the department.
(2) “Department” means the Department of Veterans’ Affairs.
(3) “Director” means the executive director of the department.
(4) “Operator” means the person designated to have and
1
who has the general administrative charge of an adult day health care facility or adult day care center. The administrator of a veterans’ nursing home under s. 296.34 or the administrator of the Veterans’ Domiciliary Home of Florida under s. 296.04 may serve as the operator if the adult day health care facility or adult day care center is collocated at an existing veterans’ nursing home or the Veterans’ Domiciliary Home of Florida or is a freestanding facility.
(5) “Participant” means an eligible veteran recipient of basic services or of supportive and optional services provided by an adult day health care facility or adult day care center.
(6) “Program” means a licensed facility operated by the department under part III of chapter 429.
(7) “Veteran” has the same meaning as provided in s. 1.01(14).
History.—s. 3, ch. 2023-162.
1
Note.—The word “who” was inserted by the editors to improve clarity.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.45 - Operator; qualifications, duties, and responsibilities.

296.45 Operator; qualifications, duties, and responsibilities.—
(1) The director shall appoint an operator who shall be responsible for the overall operation of the program and the care of the participant or designate a contractor to perform the same duties.
(2) The operator shall determine the eligibility of applicants for admission to the program in accordance with provisions of this part and, together with the director, shall adopt rules necessary for the proper administration of the program, including rules for the preservation of order and enforcement of discipline in the program. Rules governing the program shall conform as nearly as possible to the rules and regulations for comparable facilities of the United States Department of Veterans Affairs.
(3) The operator position shall be assigned to the Selected Exempt Service under part V of chapter 110 unless the operation of the program is assigned to a contractor. The director shall give veterans’ preference in selecting an operator, as provided in ss. 295.07 and 295.085 if the operation of the program is not assigned to a contractor.
(4) Employees who fill authorized and established positions appropriated for the program shall be state employees unless the operation of the program is assigned to a contractor. The department shall classify such employees in the manner prescribed in chapter 110.
(5) The operator shall administer and enforce all rules of the program, including rules of discipline, and may dismiss a participant in the program for an infraction of the rules, subject to the approval of the director.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.46 - Nondiscrimination policy of the program.

296.46 Nondiscrimination policy of the program.—It is the policy of the state to admit residents into the program without regard to race, age, sex, creed, religion, national origin, or any other reason that would thereby create a practice of discrimination. However, consideration of an applicant’s veteran status shall not constitute discrimination.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.47 - Eligibility and priority of admittance.

296.47 Eligibility and priority of admittance.—
(1) To be eligible for admittance to the program, the person must be a veteran as provided in s. 1.01(14) or have eligible peacetime service as defined in s. 296.02 and must:
(a) Be in need of adult day health care.
(b) Be a resident of the state at the time of application for admission to the program.
(c) Not owe money to the department for services rendered during any previous stay at a department facility.
(d) Have applied for all financial assistance reasonably available through governmental sources.
(e) Have been approved as eligible for care and treatment by the United States Department of Veterans Affairs.
(2) The operator may waive the residency requirement for a veteran who is otherwise eligible under Florida law for admittance to a program. The waiver must be limited to a veteran who is a disaster evacuee of a state that is under a declared state of emergency.
(3) Admittance priority must be given to eligible veterans in the following order of priority:
(a) An eligible veteran who is a resident of the State of Florida.
(b) An eligible veteran who has a service-connected disability as determined by the United States Department of Veterans Affairs, or was discharged or released from military service for disability incurred or aggravated in the line of duty and the disability is the condition for which adult day health care is needed.
(c) An eligible veteran who has a non-service-connected disability and is unable to defray the expense of adult day health care and so states under oath before a notary public or other officer authorized to administer an oath.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.48 - Participants; contribution to support.

296.48 Participants; contribution to support.—The operator may, if there is room, admit to participation in the program a veteran who has sufficient means for his or her own support but is otherwise eligible to become a participant in the program, on payment of the full cost of his or her support, which cost and method of collection shall be fixed from time to time by the operator.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XX - Veterans › Chapter 296 - Veterans' Homes › Part III - Veterans’ Adult Day Health Care of Florida Act (Ss. 296.42-296.49) › 296.49 - Audit; inspection; standards for the program.

296.49 Audit; inspection; standards for the program.—The program shall be open at any time to audit and inspection by the Auditor General and the Office of Program Policy Analysis and Government Accountability, as provided by law; the department; and the United States Department of Veterans Affairs, and to any other audits or inspections as required by law to maintain appropriate standards in the program. The standards that the department shall use to regulate the operation of the program shall be those prescribed by the United States Department of Veterans Affairs, provided that where the state’s standards are more restrictive, the standards of the state shall apply.
History.—s. 3, ch. 2023-162.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.001 - Districts Designated as “Water Control” Districts.

298.001 Districts designated as “water control” districts.—A water management district or a drainage district heretofore or hereafter created pursuant to the method authorized in this chapter or a water management district created by special act to operate under the authority of this chapter shall be designated as a water control district.
History.—s. 1, ch. 78-153.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.005 - Definitions.

298.005 Definitions.—As used in this chapter, the term:
(1) “Jurisdictional water management district” means the chapter 373 water management district or districts within which the lands encompassed by a water control district are located.
(2) “Owner” means the owner of the freehold estate, subject to assessment pursuant to this chapter, as appears by the deed record. The term does not include reversioners, remaindermen, or mortgagees, who are not to be counted and need not be notified by publication or served by process, but are to be represented by the present owners of the freehold estate in any proceeding under this chapter.
(3) “Water control plan” means the comprehensive operational document that describes the activities and improvements to be conducted by a water control district authorized under this chapter and includes any district “plan of reclamation,” “water management plan,” or “plan of improvement” that details the system of water management improvements implemented by a water control district.
History.—s. 38, ch. 6458, 1913; RGS 1135; CGL 1490; s. 1, ch. 97-40; s. 1, ch. 98-329; s. 4, ch. 2000-308.
Note.—Former s. 298.68.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.01 - Formation of Water Control District.

298.01 Formation of water control district.—It is the legislative intent that those water control districts established prior to July 1, 1980, pursuant to the process formerly contained in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter. However, on and after that date, no water control district may be created except pursuant to s. 125.01 or a special act of the Legislature. Upon formation of a water control district by a special act of the Legislature, the circuit court of the county in which a majority of the land within the district is located shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the water control district without regard to county lines, for all purposes of this chapter.
History.—s. 1, ch. 6458, 1913; RGS 1098; CGL 1451; s. 7, ch. 22858, 1945; ss. 25, 35, ch. 69-106; s. 1, ch. 72-291; s. 1, ch. 79-5; s. 17, ch. 79-65; s. 1, ch. 80-281; s. 20, ch. 2015-2.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.12 - Annual Election of Supervisors; Term of Office; Vacancy.

298.12 Annual election of supervisors; term of office; vacancy.—
(1) Every year in the same month after the time for the election of the first board of supervisors, it shall call a meeting of the landowners in the district in the same manner as is provided for in s. 298.11, and the owners of land in such district shall meet at the stated time and place and elect one supervisor. Owners whose assessments have not been paid for the previous year are not entitled to vote. In case of their failure to elect, the Governor shall appoint such supervisor, who shall hold the supervisor’s office for 3 years or until his or her successor is elected and qualified; and in case of a vacancy in any office of supervisor elected by the landowners, the remaining supervisors or, if they fail to act within 30 days, the Governor may fill such vacancy until the next annual meeting, when a successor shall be elected for the unexpired term.
(2) A vacancy in any of the three elected positions on the Melbourne-Tillman Water Control District Board of Supervisors which is not filled by a vote of the district’s landowners pursuant to the provisions of this section shall be filled by the Brevard County Board of County Commissioners within 30 days. The supervisor so appointed shall fill such vacancy until the next annual meeting when a successor shall be elected by the landowners for the unexpired portion of the term. A vacancy in any of the two appointed supervisor positions shall be filled by the Brevard County Board of County Commissioners within 30 days.
History.—s. 5, ch. 6458, 1913; RGS 1102; CGL 1455; ss. 25, 35, ch. 69-106; s. 2, ch. 76-181; s. 5, ch. 79-5; s. 121, ch. 94-356; s. 886, ch. 95-148; s. 3, ch. 97-40; s. 3, ch. 98-329; s. 6, ch. 2000-308.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.13 - Supervisor’s Oath of Office.

298.13 Supervisor’s oath of office.—Each supervisor, before entering upon his or her official duties, shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon him or her in office, as supervisor of the district in which he or she was elected or appointed, and that the supervisor will not neglect any of the duties imposed upon him or her by this chapter.
History.—s. 6, ch. 6458, 1913; RGS 1103; CGL 1456; s. 6, ch. 79-5; s. 261, ch. 95-148.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.14 - Organization of Board; Annual Reports to Landowners; Compensation of Members of Board.

298.14 Organization of board; annual reports to landowners; compensation of members of board.—Immediately after their election or appointment, the board of supervisors shall meet at some convenient place; choose one of their number to serve as president of the board; and elect as secretary some suitable person, who may or may not be a member of the board, and who may be required to execute bond for the faithful performance of the secretary’s duties, as the board of supervisors may require. Such board shall adopt a seal with a suitable device; and it shall keep a record of all of its proceedings in a substantially bound book to be kept for that purpose, which shall be open to inspection by any interested person or the person’s agent or attorney. The board of supervisors shall report to the landowners, at the annual meeting held under the provisions of s. 298.12, of what work has been done, either by engineers or otherwise. The members of the board shall be reimbursed for their travel expenses pursuant to s. 112.061, but shall receive no compensation for their service unless the landowners at the annual meeting determine to pay a compensation, which in no event may exceed $50 per day for the time actually engaged in work for the district and in attending sessions of the board; however, if the secretary is a member of the board, he or she is entitled to compensation as provided in this chapter.
History.—s. 7, ch. 6458, 1913; RGS 1104; CGL 1457; s. 11, ch. 63-400; s. 1, ch. 65-517; s. 1, ch. 83-170; s. 262, ch. 95-148.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.15 - Record of Proceedings.

298.15 Record of proceedings.—The board of supervisors of any district organized under this chapter shall cause to be kept a well-bound book, entitled “record of board of supervisors of   district,” in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and any and all corporate acts, which record shall at all times be open to the inspection of anyone interested, whether taxpayer or bondholder. Copies of the record of proceedings shall be filed with the jurisdictional water management district upon request. Any interested person, whether landowner or not, shall be permitted to inspect the record of proceedings.
History.—s. 28, ch. 6458, 1913; RGS 1125; CGL 1478; s. 8, ch. 72-291; s. 23, ch. 79-65; s. 122, ch. 94-356; s. 4, ch. 97-40.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.16 - Appointment of District Engineer; Engineer’s Duties.

298.16 Appointment of district engineer; engineer’s duties.—
(1) Within 30 days after organizing, the board of supervisors shall appoint a district engineer, who may be an individual, copartnership, or corporation, and who shall engage such assistants as the board of supervisors may approve. Such district engineer shall faithfully and honestly perform all the duties required of him or her by said supervisors, and deliver to his or her successor all instruments, papers, maps, documents, and other things that may have come into the district engineer’s hands by virtue of his or her employment.
(2) The district engineer shall have control of the engineering work in said district and may, whenever he or she deems it necessary, confer with the jurisdictional water management district, and he or she may, by and with the consent of the board of supervisors, consult any eminent engineer and obtain his or her opinion and advice concerning the reclamation of lands in said districts. The said engineer shall make all necessary surveys of the lands within the boundary lines of said district, as described in the petition, and of all lands adjacent thereto that will be improved or reclaimed in part or in whole by any system of drainage that may be outlined and adopted.
(3) The engineer shall make a report in writing to the board of supervisors, with maps and profiles of said surveys, which report shall contain a full and complete water control plan for draining and reclaiming the lands described in the petition, or adjacent thereto, from overflow or damage by water, with the length, width, and depth of such canals, ditches, dikes or levees, or other works that may be necessary, in conjunction with any canals, drains, ditches, dikes, levees or other works heretofore constructed or built by the Board of Trustees of the Internal Improvement Trust Fund, or any other person, that may now be in process of construction, or which may be hereafter built by them, that may be necessary or which can be advantageously used in such water control plan; and also, an estimate of the costs of carrying out and completing the water control plan, including the cost of superintending the same and all incidental expenses in connection therewith. Maps and profiles shall also indicate so far as necessary the physical characteristics of the lands, and location of any public roads, railroads and other rights-of-way, roadways and other property or improvements located on such lands. A copy of the report required by this section shall be filed with the jurisdictional water management district.
History.—s. 8, ch. 6458, 1913; RGS 1105; CGL 1458; ss. 25, 27, 35, ch. 69-106; s. 9, ch. 72-291; s. 24, ch. 79-65; s. 123, ch. 94-356; s. 887, ch. 95-148; s. 5, ch. 97-40; s. 4, ch. 98-329.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.18 - Supervisors to Employ Attorney for District; Duty of Attorney.

298.18 Supervisors to employ attorney for district; duty of attorney.—The board of supervisors within 30 days after organizing shall employ an attorney to act for the district and to advise said board. Such employment shall be evidenced by an agreement in writing, which, as far as possible, shall specify the exact amount to be paid to said attorney for all services and expenses. Such attorney shall conduct all legal proceedings and suits in court where the district is a party or interested, and shall in all legal matters advise the said board of supervisors, all officers, employees or agents of said district and board, and generally look after and attend to all matters of a legal nature for said board and district. When the said board may deem it necessary, it may, by and with the advice of said attorney, and under the like terms and conditions as above set forth, employ another attorney.
History.—s. 27, ch. 6458, 1913; RGS 1124; CGL 1477.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.19 - Appointment and Duties of Superintendent of Plant and Operations and Overseers.

298.19 Appointment and duties of superintendent of plant and operations and overseers.—For the purpose of preserving any ditch, drain, dike, levee or other work constructed or erected under the provisions of this chapter and for the taking care and the operation of the equipment owned by said district and the maintenance of the canals and other works of said district, including the removal of obstructions from the same, and such other duties as may be prescribed by said board, the board of supervisors may employ a superintendent of plant and operations who shall have charge and supervision of the works of the district after the construction of the same, and said board also may employ or appoint an overseer or overseers who shall hold their positions at the will of the board, and who shall assist said superintendent in the performance of the work aforesaid.
History.—s. 40, ch. 6458, 1913; RGS 1137; s. 1, ch. 9129, 1923; CGL 1492.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.20 - Supervisors to Fix Compensation for Work and Employees.

298.20 Supervisors to fix compensation for work and employees.—The board of supervisors, except where otherwise provided, shall, by resolution, at time of hiring or appointing, provide for the compensation for work done by any officer, engineer, attorney, or other employee and shall also pay the fees, and necessary expenses of all court and county officers who may, by virtue of this chapter, render service to said district. Reimbursement of travel expenses shall be made as provided by s. 112.061. It is understood that the ordinary fee statute does not apply to services rendered under this chapter by any county officer, but each such officer shall receive only a reasonable compensation for services actually rendered, the same to be fixed by the court in which the proceeding is pending, except where otherwise provided in this chapter, that said districts or petitioners for such corporations may prepare, write or print all copies of petitions, writs, orders, and decrees or other papers, and furnish same to the clerk or other officer for his or her use, and in such event said officer shall be entitled to receive as compensation for issuing the said writs and copies of petitions, decrees, orders, or other papers, only the reasonable value of the services actually rendered.
History.—s. 37, ch. 6458, 1913; RGS 1134; CGL 1489; s. 19, ch. 63-400; s. 8, ch. 79-5; s. 264, ch. 95-148.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.21 - Supervisors May Remove Officers and Employees.

298.21 Supervisors may remove officers and employees.—The board of supervisors may at any time remove any officer, attorney, chief engineer or other employee appointed or employed by said board.
History.—s. 47, ch. 6458, 1913; RGS 1144; CGL 1501.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.23 - Supervisors Authorized to Take Land for Rights-of-Way, etc.; Payment.

298.23 Supervisors authorized to take land for rights-of-way, etc.; payment.—The board of supervisors of a district organized under this chapter shall not have the right to enter upon, or appropriate, any land for rights-of-way, holding basins or other works of the district, until the prices awarded to the owners of such land shall have been paid to such owners, or into the hands of the clerks of the circuit courts of the county or counties within which the respective lands are located for the use of such owners; and if the sums awarded be not so paid within 5 years from the date of filing the engineer’s reports, all proceedings as to the taking of such property for rights-of-way, holding basins and other works, not so paid for, shall abate at the cost of said district. Whenever any land is acquired by any district under the provisions of this chapter and the price of such property has been paid the owner by the district, the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district, and subject to its use, profit, employment and final disposition. The price awarded for all lands acquired by any district for rights-of-way, holding basins, or other works, and the amount of damage assessed by the board of supervisors to any tract or parcel of land or other property in the district, shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner, and that portion of any tract or parcel of land not taken for use of the district shall be assessed for the benefits accruing in accordance with the provisions in this chapter.
History.—s. 29, ch. 6458, 1913; RGS 1126; CGL 1479; s. 9, ch. 79-5; s. 8, ch. 97-40.
2023 Florida Statutes › Title XXI - Drainage › Chapter 298 - Drainage and Water Control › 298.24 - Bridge Construction.

298.24 Bridge construction.—All bridges contemplated by this chapter and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders made or approved by the chief engineer of the district. If any such bridge shall belong to any corporation, or be needed over a public highway or right-of-way of any corporation, the secretary of said board of supervisors shall give such corporation notice by delivering to its agent or officer, in any county wherein said district is situate, a copy of the order of the board of supervisors of said district declaring the necessity for the construction or enlargement of said bridge. A failure to construct or enlarge such bridge, within the time specified in such order, shall be taken as a refusal to do said work by said corporation, and thereupon the said board of supervisors shall proceed to let the work of constructing or enlarging the same at the expense of the corporation for the cost thereof, which costs shall be collected by said board of supervisors from said corporation, by suit therefor, if necessary. But before said board of supervisors shall let such work, it shall give some agent or officer of said corporation, authorized by the laws of this state to accept service of summons, or upon whom service of summons for said corporation might be made, at least 20 days’ actual notice of the time and place of letting such work. Any owner of land, within or without the district, may, at the owner’s expense, and in compliance with the terms and provisions of this chapter, construct a bridge across any drain, ditch, canal, or excavation in or out of said district. Each district shall have full authority to construct and maintain any ditch or lateral provided in its water control plan, across any of the public highways of this state, without proceedings for the condemnation of the same, or being liable for damages therefor. Within 10 days after a dredge boat or any other excavating machine shall have completed a ditch across any public highway, a bridge shall be constructed and maintained over such drainage ditch where the same crosses such highway; provided, however, the word corporation as used in this section shall not apply to counties.
History.—s. 30, ch. 6458, 1913; RGS 1127; CGL 1480; s. 10, ch. 79-5; s. 265, ch. 95-148; s. 9, ch. 97-40.