55-1.001: Agency Established
55-1.0015: Agency Description
55-1.003: Agency Head
55-1.005: Organization and Operations
55-1.021: General Information
55-1.023: Statutory Chapters and Rules
55-1.032: Agency Clerk
55-1.033: Public Access
55-1.034: Drug-Free Workplace
PURPOSE AND EFFECT: To remove rules that are redundant of statute, to update contact information and conform rules to current Florida Statutes.
SUMMARY: Organization.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 292.05(3), 296.04(2) FS.
LAW IMPLEMENTED: 20.37, 292.05, 296.04(2), 296.34(3), (5), 296.02, 296.33, 112.0455 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, (850)487-1533
THE FULL TEXT OF THE PROPOSED RULE IS:
55-1.001 Agency Established.
The Department of Veterans’ Affairs is a component department of the executive branch of the government of the State of
Specific Authority 292.05(3) FS. Law Implemented 20.37 FS. History–New 7-5-89, Repealed_________.
55-1.0015 Agency Description.
The Department of Veterans’ Affairs exists to provide assistance to all former, present and future members of the Armed Forces of the United States and their dependents in securing all benefits or privileges to which such persons are or may become entitled under any federal or state law or regulation by reason of their service in the Armed Forces of the United States, without charge to such claimant.
Specific Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Repealed________.
55-1.003 Agency Head.
(1) The head of the Department of Veterans’ Affairs is the Governor and Cabinet.
(2) The Executive Director of the Department shall be appointed by the Governor with the approval of three members of the Cabinet and subject to confirmation by the Senate. The Executive Director shall serve at the pleasure of the Governor and Cabinet.
(3) Authority to take the following action is hereby delegated to the Executive Director of the Department of Veterans’ Affairs or his designee:
(a) To approve the transfer of appropriations pursuant to Section 216.292, Florida Statutes.
(b) To administer personnel rules for career service employees and persons paid from OPS and to administer personnel actions for employees exempt from the career service system.
(c) To add, delete, or transfer authorized positions within each budget entity in accordance with Sections 216.262 and 216.141, Florida Statutes.
(d) To administer travel and per diem expenses of public officers, employees and authorized persons on official business, pursuant to Section 112.061, Florida Statutes.
(e) To negotiate, execute and enter into contracts and agreements, except as provided in subparagraph (h), required for operation of the Department or to carry out programs approved by the Legislature or Governor and Cabinet; except, however, this delegation shall exclude awards of commodity contracts by the Department of Management General Services.
(f) To expend appropriated funds and make purchases including capital outlay to carry out day-to-day operations of the Department. However, all purchases over $25,000 which are not made from a state contract established by the Department of General Services shall be reported at least quarterly.
(g) To execute contracts and orders approved by or on behalf of the Governor and Cabinet.
(h) To contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures set forth in the Consultants Competitive Negotiations Act, Section 287.055, Florida Statutes (1988), or other competitive selection process established by rule.
(i) To enter into leases of real property for the Department’s operations.
(j) To designate appropriate officials or employees to act as custodian of the records of the Department, to accept service of process on behalf of the Department or Executive Director in accordance with law.
(k) To bring suit in the name of the Department and in consultation with the Attorney General, or to defend suit in the name of the Department.
(l) To settle claims, actions, causes of action and legal proceedings brought against the Department or its employee acting within the scope of his/her employment. Such settlement shall be limited to $25,000.
(m) To notify state attorneys, sheriffs or other law enforcement agencies of activity in violation of state law or Department rules when such violation is beyond the capacity of the Department to halt or prosecute.
(n) To accept donations and gifts of property or grants of money on behalf of the Department in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state.
(o) To refer Petitions filed pursuant to Section 120.57(1), Florida Statutes, appealing admittance and dismissal decisions made under Sections 296.04(2), (5)(a) and 296.34(3) and (5), Florida Statutes, to the Division of Administrative Hearings.
(p) To appoint a departmental hearing officer to conduct a hearing to consider issues raised by Petitions filed pursuant to Section 120.57(2), Florida Statutes, appealing admittance and dismissal decisions made under Sections 296.04(2) and (5)(a) and 296.34(3) and (5), Florida Statutes.
(o)(q) To respond in behalf of the Department to petitions filed pursuant to Sections 120.54, 120.56 and 120.57(1) and (2), Florida Statutes, and to issue declaratory statements pursuant to Section 120.565, Florida Statutes.
(p)(r) To approve memberships in professional and other organizations in which state funds appropriated to the Department will be used in payments or dues pursuant to Section 216.345, Florida Statutes.
(q) (s) To initiate all rulemaking.
(r)(t) To perform other such functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Governor and Cabinet.
(s)(u) The quarterly report of the Executive Director shall include reports of actions taken under items (e), (h), (i), (k), (l), (m), (n) and (p)(r) above.
(4) When a matter which is the subject of a delegation approved in subsection (3) becomes controversial or when extraordinary events arise concerning a delegated action, that matter shall be brought before the Governor and Cabinet for their decision. Final action on all Department actions which result in a Recommended Order being issued pursuant to Section 120.57, Florida Statutes, shall be taken by the Governor and Cabinet.
(5) In addition to the delegations listed in subsection (3), the Governor and Cabinet have and may from time to time in the future approve additional delegations to the Executive Director or other staff when adopting other rules of the Department. A person interested in a particular program should review the specific rules of that program.
Specific Authority 292.05(3) FS. Law Implemented 292.05, 296.04(2), (5), 296.34(3), (5) FS. History–New 7-5-89, Amended 5-5-92, 1-2-94,__________.
55-1.005 Organization and Operations.
The organization and operations of the Department are as follows:
(1) The Office of the Executive Director is established to provide overall management direction to the Department. Subunits of this office are:
(a) The Veterans’ Domiciliary Home of Florida, a state home for veterans, provides domiciliary care for eligible veterans who are disabled but are not in need of hospitalization or nursing home care services.
(b) The Veterans’ Nursing Home of Florida, a licensed health care facility operated by the Department pursuant to the provisions of Part I of Chapter 400, Florida Statutes.
(c) The General Counsel provides legal advice to the Department.
(d) The Florida Commission on Veterans’ Affairs, while not subject to control, supervision or direction, is assigned to the Department of Veterans’ Affairs to serve as an advisory body to the Department.
(e) The Legislative Affairs Office represents the Department in all matters involving legislation at both the State and Federal levels.
(2) The Division of Veterans’ Benefits and Assistance is established to provide management direction to the following subunits:
(a) The Bureau of Veterans’ Claims Services assists veterans and their dependents with the processing of claims and appeals for entitlements through the United States Department of Veterans Affairs (VA).
(b) The Bureau of Veterans’ Field Services assists veterans and their dependents, through each VA Medical Center (VAMC) in
(c) The Bureau of State Approving for Veterans’ Training reviews courses and schools to determine whether they meet the requirements of the VA or other applicable federal regulations as to suitability for veterans.
(3) The Division of Administration and Public Information is established to provide management direction to the following subunits:
(a) The Bureau of Information and Research provides for the coordination of media, dissemination of information and statistical analysis of pertinent data.
(b) The Personnel Section provides for all human resource needs.
(c) The Fiscal Section provides for all fiscal needs.
(d) The Purchasing Section provides for all purchasing and reproduction needs.
(e) The Administrative Section provides for all administrative and automated data processing (ADP) support.
(f) The Staff Development Office provides professional education to employees and required training for County/City Veteran Service Officers.
(4) The structure of the Executive Staff’s areas of responsibilities are shown in the following graphic illustration.
Specific Authority 292.05(3) FS. Law Implemented 292.05, 296.02, 296.33 FS. History–New 7-5-89, Amended 7-2-90, 6-21-92,__________.
55-1.021 General Information.
(1) The principal office of the Department is located at 144 1st Avenue South, Suite 418, .
(2) The mailing address of the Department is Florida Department of Veterans’ Affairs, Post Office
(3) The normal business hours of the Department are from 8:00 a.m. to 4:30 p.m. of each work day Monday through Friday, excluding the holidays observed by the state as set forth at Section 110.117, Florida Statutes.
(4) Information regarding forms, publications, documents or other matters may be obtained by contacting the Director of Administration and Public Information at the above location, or by mail to the address set forth above.
Specific Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended__________.
55-1.023 Statutory Chapters and Rules.
(1) The operation of the Department is affected by Chapters 292, 295, and 296, and Part VIII of Chapter 744, Florida Statutes.
(2) All Administrative Rules of the Department adopted pursuant to Chapter 120, Florida Statutes, are contained in Title 55, Florida Administrative Code.
(3) The operation of the Department is also affected by Title 38, United States Code, and by Title 38, United States Code of Federal Regulations.
Specific Authority 292.05(3), 296.04(2) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended 7-2-90,__________.
55-1.032 Agency Clerk.
(1) The General Counsel of the Department of Veterans’ Affairs is hereby designated as the Agency Clerk for the Department. Materials are to be delivered to 144 1st Avenue South, Suite 418, . Materials mailed are to be addressed to Post Office The telephone number for the Agency Clerk is (850)487-1533. (813)898-4443.
(2) There shall be affixed to each Final Order rendered by the Department the following Certificate of Filing executed by the Agency Clerk and providing in substance as follows:
Certificate of Filing
I HEREBY CERTIFY that the foregoing Final Order has been filed in the official records of the Department of Veterans’ Affairs, this _____ day of _______ 19__.
(Signed) __________________
Name and Position
Specific Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended__________.
55-1.033 Public Access.
(1) The public shall be afforded full access to all agency proceedings pursuant to Chapter 286, Florida Statutes.
(2) The Department of Veterans’ Affairs shall follow the provisions of Chapter 28-8, F.A.C., regarding procedures to be followed when the agency desires to conduct a meeting or workshop by means of communications media technology.
Specific Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Repealed__________.
55-1.034 Drug-Free Workplace.
The procedures and policies for drug testing, employee assistance, and discipline, as set forth in Department of Management Services Rule 60L-19, F.A.C., are adopted by the Department. This Rule is the Department’s implementation of the Drug-Free Workplace Act, Section 112.0455, Florida Statutes.
Specific Authority 292.05(3) FS. Law Implemented 112.0455 FS. History–New 2-21-93, Repealed__________.