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Florida Statute 296.38 | Lawyer Caselaw & Research
F.S. 296.38 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XX
Chapter 296
View Entire Chapter
F.S. 296.38
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 Moneys deposited and interest earned may be withdrawn, in whole or in part, at the will of the resident.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.

F.S. 296.38 on Google Scholar

F.S. 296.38 on Casetext

Amendments to 296.38

Arrestable Offenses / Crimes under Fla. Stat. 296.38
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 296.38.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

    Cases from cite.case.law:

    In THE COLUMBIA GAS SYSTEM, INC., 224 B.R. 540 (Bankr. D. Del. 1998)

    . . . have attached timesheets representing $254,827.25 in fees and documents reflecting an additional $35,-296.38 . . .

    NEW YORK CASUALTY CO. v. FORD, 145 F.2d 599 (5th Cir. 1944)

    . . . number of its employees and their classification as to position, were $330.78 for the first year and $296.38 . . .