LAWS (GENERAL NATURE) OF THE STATE OF FLORIDA ADOPTED BY THE LEGISLATURE OF FLORIDA AT ITS REGULAR SESSION 1917 UNDER THE CONSTITUTION OF A. D. 1885 GENERAL LAWS OF THE STATE OF FLORIDA CHAPTER 7259--(No. 1). AN ACT Creating a State Board of Pensions, Defining Be It Enacted by the Legislature of the State of Florida: Board. Section 1. That the Governor, Comptroller and Treas- Pension urer of this State are hereby constituted the State Board of Pensions. entitled to pension. Sec. 2. Any person who enlisted and served in the Persons military or naval service of the Confederate States during the war between the States of the United States, and did not desert the Confederate service and who performed service in actual line of duty for a period of not less than one year, or who was in actual service at the time of the close of said war, unless incapacitated for such duty by reason of wounds received or disease contracted while in line of duty, or who was otherwise honorably discharged for any cause, and shall have been a bona fide citizen of this State for eight years next preceding to the filing of this claim for pension, and whose property Chap. 7259 1917 Further proof of service. Presumption as to desertion. Widows entitled to pension. valuation, both real and personal, including the property of his wife, if she shall not have deserted her husband, does not exceed the sum of Five Thousand ($5,000.00) Dollars exclusive of his or her home and the land on which such home is located, not to exceed one acre of land, shall each receive One Hundred and Eighty ($180.00) Dollars per annum in monthly payments. Provided, however, that no soldier or their widows, who are now on the pension roll and drawing a pension shall be required to make other and further proof; provided, further, that any applicant for a pension under this Act, who has previously made satisfactory proof of service, under any former Act, which proof of service meets the requirements of this Act, although not now on the pension roll, shall not be required to make new proof of service; that the provisions of this Act shall apply to all those who were members of the Florida Reserves, and also those known as "Home Guards," which were in the service of the State of Florida during the war between the States of the United States; provided, further, that any soldier or sailor who performed actual service for a period of one year or more in line of duty and was absent from his command at the time same was mustered out, upon a furlough granted him after January 15, 1865, shall not be presumed to have deserted the service and shall be entitled to a pension under the provisions of this Act, unless proven to be a deserter; and provided, further, that a discharge from a Federal prison by reason of sickness where such sickness is shown by official records and also by positive proof shall not be considered a desertion of the Confederate Government. Sec. 3. The widow of any deceased soldier or sailor who enlisted and served in the military or naval service of the Confederate States during the war between the States of the United States, and did not desert the service, and who performed service in actual line of duty for a period of not less than one year, unless incapacitated for such duty by reason of death, wounds received or disease contracted while in actual line of duty, or who was otherwise honorably discharged for any cause, and who has not married since the death of said husband, provided that such marriage shall not prevent any widow over the age of forty years of a deceased soldier from drawing a pension under the provisions of this Act if Chap. 7259 1917 residence and said marriage has been dissolved by death or decree in chancery, shall be entitled to receive the sum of One Hundred and Eighty ($180.00) Dollars per annum in monthly payments; provided such widow shall have re- Widowssided in this State continuously for a period of eight marriage. years next preceding the date of the filing of her pension claim; provided, further, that from and after the passage of this Act no pension will be allowed to any widow whose marriage was subsequent to June 1, 1917; provided such widow is otherwise eligible under the provisions of this Act; provided, further, that any such widow shall not be required to make out the proof of her husband's service, but such widow of any such deceased soldier, or sailor, who would have been entitled to a pension under this Act, shall make proof if her said husband shall not have already been receiving pension under this Act at the time of his death. Sec. 4. No person receiving a pension from any other Other State shall be entitled to a pension under this Act. pension. date payment tion. Sec. 5. The payment of all allowed claims shall be Applicationmade from the date of the filing of the application in the begins. Pension Department; provided, that an applicant for pension under this Act, whose application for pension has been denied by the Board, for any cause, shall file within three months of the denial of said application, additional proof that is satisfactory to the State Pension Board, otherwise the action of the Board will be consid- New applicaered final on such application; provided, however, such action of the Board shall not prevent a new application from being made and filed under the provisions of this Act, which, if granted, shall entitle the person applying to receive a pension from the date of the filing of such new application; provided, further, that nothing in this Act shall be construed to prevent Chaplains in the regular Confederate service from receiving a pension. Any person who drew a pension from the State of Florida at the time of the passage of this Act, and is entitled to a pension under this Act, shall not be required to make new proof and shall be paid from the passage of this Absence from Act. Payments shall not continue to pensioners during absences from this State of longer duration than twelve months; provided, that when a pension has been discontinued because of such absence, it shall be renewed upon return of pensioner to this State where it is shown State. |