To remove rules that are redundant of statute and to update contact information.

DEPARTMENT OF VETERANS' AFFAIRS
Division of Veterans’ Benefits and Assistance

RULE NO: RULE TITLE
55A-1.003: Procedure
55A-1.004: Unlawful Display or Use
PURPOSE AND EFFECT: To remove rules that are redundant of statute and to update contact information.
SUMMARY: Identification Cards.
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: 295.17(1)(b) FS.
LAW IMPLEMENTED: 295.17(2), (3) 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, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

55A-1.003 Procedure.

(1) A veteran who wishes to request an identification card must complete an Application For Florida Disabled Veteran’s Identification Card, FDVA Form 14, April 1990, which form is hereby incorporated by reference. The application form can be obtained from any of the following:

(a) Florida Department of Veterans’ Affairs, P. O. Box 31003, St. Petersburg, Florida 33731, or 9500 Bay Pines Blvd., St. Petersburg, Florida 33708.   144 1st Avenue South, Room 418, St. Petersburg, Florida 33701.

(b) Florida Department of Veterans’ Affairs Field Services offices in VA Medical Centers located at Bay Pines, Gainesville, Lake City, Miami, and Tampa,. and West Palm Beach, as well as VA Out Patient Clinics in Daytona Beach, Ft. Myers, Jacksonville, Oakland Park, Orlando, Pensacola, Pt. Richey and Viera. Consult the local telephone directory for the address of the nearest office.

(c) County or City Veteran Service Offices located in counties throughout Florida. Consult the local telephone directory for the address of the nearest office.

(2) The Department shall require the veteran to submit proof that the veteran is a permanent resident of Florida at the time of application.

(3) A veteran claiming eligibility for an identification card pursuant to paragraph (1)(a) of this chapter shall, if available, submit a copy of the award letter from the VA showing that the veteran is 100%, service-connected, permanently and totally disabled.

(4) A veteran claiming eligibility for an identification card pursuant to paragraph (1)(b) of this chapter shall submit a statement from the branch of service concerned attesting to the veteran’s current disability rating and retirement pay status. Such statement must be dated no more than 180 days prior to the date the application is received by the Department.

(5) The Department will review the veteran’s completed application to determine eligibility to receive the identification card.

(a) If the veteran is found to be eligible, the Department will proceed to issue the card.

(b) If the veteran is found to be ineligible, the Department will notify the veteran by letter as to the reason for the Department’s finding.

(6) When a veteran has been found to be eligible to have an identification card issued, the Department shall send the card to the veteran with instructions as to the following action required of the veteran to complete the issuance of the card.

(a) The veteran must sign the identification card on the signature line indicated.

(b) The veteran must secure a 1 1/4 inch by 1 1/4 inch current photograph of the veteran applying for the card.

(c) The veteran must return the signed card, and the photograph to the Department at the address set forth at paragraph (1)(a) herein. The Department will then complete and authenticate the card and return it to the veteran.

(7) Each card issued shall be serially numbered and shall prominently display the statement that use of the card by any person other than the veteran to whom the card is issued is unlawful.

(8) If, due to a change in circumstances, it becomes necessary to issue a replacement card, the veteran shall return the card to the Department with an explanation of the changed information. The Department will issue a corrected card.

(9) Should the card be lost or destroyed, the veteran may apply for a replacement card by following the application procedure set forth herein.

Specific Authority 295.17(1)(b) FS. Law Implemented 295.17 FS. History–New 7-2-90, Amended 12-24-97,_________.

 

55A-1.004 Unlawful Display or Use.

(1) Pursuant to subsection 295.17(2), Florida Statutes, it is unlawful for any person to display or use any fictitious, fraudulent or expired identification card.

(2) Pursuant to subsection 295.17(2), Florida Statutes, it is unlawful for any person to copy or reproduce, or have in his or her possession any copy or reproduction of an identification card or a facsimile thereof that could be mistaken for a valid card.

(3) Pursuant to subsection 295.17(3), Florida Statutes, any person who violates any of the provisions of subsection 295.17(2), Florida Statutes, is guilty of a noncriminal violation punishable by a fine of $200.

Specific Authority 295.17(1)(b) FS. Law Implemented 295.17(2), (3) FS. History–New 7-2-90, Amended 12-24-97,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Earl Daniell
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008