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A bill to be entitled

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An act relating to direct-support organizations; creating

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s. 292.055, F.S.; creating the "Sergeant First Class Paul

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R. Smith Memorial Act"; authorizing the Department of

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Veterans' Affairs to establish a direct-support

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organization to assist the department; providing

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definitions; providing purposes, objectives, and duties of

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the direct-support organization; providing for a board of

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directors and membership requirements for the board

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members; requiring the direct-support organization to

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operate under contract with the department; delineating

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contract and other governance requirements; providing

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guidelines for the use of funds; providing for the use of

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property, facilities, and personal services of the

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department; providing restrictions; providing limits on

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the direct-support organization; requiring the direct-

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support organization to submit certain federal tax forms

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to the department; providing for an annual audit; amending

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s. 265.002, F.S.; providing for the Department of

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Veterans' Affairs to replace the Florida Commission on

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Veterans' Affairs in cooperating with the Department of

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Management Services to establish the Florida Medal of

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Honor Wall; amending s. 320.08058, F.S.; requiring that a

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certain percent of the annual license plate fee collected

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from the sale of the "Florida Salutes Veterans" license

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plate be distributed to the direct-support organization

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created for the purpose of providing benefit to the

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Department of Veterans' Affairs for a period not to exceed

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24 months after the date the direct-support organization

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is incorporated; providing that the remaining fees be

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deposited in the State Homes for Veterans Trust Fund;

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amending s. 337.111, F.S.; providing that three members of

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the direct-support organization of the Department of

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Veterans' Affairs participate on a committee to approve

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contracts to install monuments and memorials honoring

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Florida's military veterans at highway rest areas around

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the state; repealing s. 292.04, F.S., relating to the

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Florida Commission on Veteran's Affairs; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 292.055, Florida Statutes, is created to

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read:

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     292.055 Direct-support organization.--

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     (1) SHORT TITLE; DIRECT-SUPPORT ORGANIZATION

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ESTABLISHED.--This section may be cited as the "Sergeant First

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Class Paul R. Smith Memorial Act." The Department of Veterans'

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Affairs may establish a direct-support organization to provide

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assistance, funding, and support for the department in carrying

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out its mission. This section governs the creation, use, powers,

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and duties of the direct-support organization.

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Department" means the Department of Veterans' Affairs.

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     (b) "Direct-support organization" means an organization

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that is:

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     1. A Florida corporation not for profit, incorporated under

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chapter 617, exempted from filing fees, and approved by the

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Department of State.

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     2. Organized and operated exclusively to obtain funds;

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request and receive grants, gifts, and bequests of moneys;

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acquire, receive, hold, invest, and administer in its own name

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securities, funds, or property; and make expenditures to or for

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the direct or indirect benefit of the department, the veterans of

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this state, and congressionally chartered veteran service

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organizations having subdivisions that are incorporated in this

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state.

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     3. Determined by the department to be operating in a manner

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consistent with the goals of the department and in the best

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interest of the state.

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     (c) "Personal services" includes full-time or part-time

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personnel.

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     (3) BOARD OF DIRECTORS.--The direct-support organization

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shall be governed by a board of directors.

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     (a) The board of directors shall consist of no fewer than

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five members appointed by the executive director of the

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department. Veteran service organizations in this state may

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recommend nominees to the executive director of the department.

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     (b) The term of office of the board members shall be 3

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years, except that the terms of the initial appointees shall be

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for 1 year, 2 years, or 3 years in order to achieve staggered

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terms. A member may be reappointed when his or her term expires.

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The executive director of the department or his or her designee

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shall serve as an ex officio member of the board of directors.

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     (c) Members must be current residents of this state. A

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majority of the members must be veterans, as defined in s.

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1.01(14), and highly knowledgeable about the United States

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military, its service personnel, its veterans, and its missions.

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The executive director of the department may remove any member of

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the board for cause and with the approval of a majority of the

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members of the board of directors. The executive director of the

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department shall appoint a replacement for any vacancy that

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occurs.

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     (4) CONTRACT.--A direct-support organization shall operate

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under a written contract with the department. The written

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contract must provide for:

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     (a) Certification by the department that the direct-support

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organization is complying with the terms of the contract and is

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doing so consistent with the goals and purposes of the department

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and in the best interests of the state. This certification must

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be made annually and reported in the official minutes of a

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meeting of the direct-support organization.

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     (b) The reversion of moneys and property held by the

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direct-support organization:

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     1. To the department if the direct-support organization is

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no longer approved to operate for the department;

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     2. To the department if the direct-support organization

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ceases to exist; or

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     3. To the state if the department ceases to exist.

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     (c) The disclosure of the material provisions of the

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contract, and the distinction between the department and the

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direct-support organization, to donors of gifts, contributions,

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or bequests, including such disclosure on all promotional and

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fundraising publications.

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     (5) USE OF PROPERTY.--

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     (a) The department may permit the use of property,

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facilities, and personal services of the department by the

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direct-support organization, subject to this section.

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     (b) The department may prescribe by contract any condition

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with which the direct-support organization must comply in order

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to use property, facilities, or personal services of the

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department.

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     (c) The department may not permit the use of its property,

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facilities, or personal services by any direct-support

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organization organized under this section which does not provide

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equal employment opportunities to all persons regardless of race,

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color, national origin, gender, age, or religion.

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     (6) ACTIVITIES; RESTRICTIONS.--Any transaction or agreement

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between the direct-support organization organized under this

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section and another direct-support organization or other entity

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must be approved by the executive director of the department.

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     (7) ANNUAL BUDGETS AND REPORTS.--

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     (a) The fiscal year of the direct-support organization

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shall begin on July 1 of each year and end on June 30 of the

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following year.

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     (b) The direct-support organization shall submit to the

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department its federal Internal Revenue Service Application for

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Recognition of Exemption form (Form 1023) and its federal

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Internal Revenue Service Return of Organization Exempt from

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Income Tax form (Form 990).

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     (8) ANNUAL AUDIT.--The direct-support organization shall

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provide for an annual financial audit in accordance with s.

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215.981.

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     Section 2.  Subsections (2) and (3) of section 265.002,

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Florida Statutes, are amended to read:

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     265.002  Legislative intent; Florida Medal of Honor Wall;

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duties of the Department of Veterans' Affairs.--

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     (2)(a)  There is hereby established the Florida Medal of

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Honor Wall. The Department of Management Services shall, in

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consultation with the Department of Florida Commission on

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Veterans' Affairs, designate an appropriate area on the Plaza

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Level of the Capitol Building in Tallahassee for this purpose.

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The department shall also subsequently consult with the

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Department of Commission on Veterans' Affairs regarding the

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design and theme of such area.

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     (b)  Each recipient who is accredited, or associated by

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birth, to the State of Florida and has been awarded the Medal of

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Honor shall have a plaque or similar designation approved by the

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Department of Florida Commission on Veterans' Affairs placed on

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the Medal of Honor Wall, which designation shall provide

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information regarding the Floridian's particular act of heroism

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as well as other information relating to the nature of the act.

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     (3)  Verification of residency, dates of the receipt of the

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award, and other specific information pertaining to each

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recipient shall be the responsibility of the Florida Department

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of Veterans' Affairs, which shall certify eligibility for

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inclusion of individuals to be added to the Florida Medal of

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Honor Wall.

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     Section 3.  Subsection (4) of section 320.08058, Florida

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Statutes, is amended to read:

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     320.08058  Specialty license plates.--

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     (4)  FLORIDA SALUTES VETERANS LICENSE PLATES.--

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     (a)  The department shall develop a Florida Salutes Veterans

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license plate. The words "Florida Salutes Veterans" and the flag

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of the United States of America must appear on the plate.

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     (b)  The Florida Salutes Veterans license plate annual use

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fee shall be distributed as follows:

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     1. Twenty percent shall be distributed to a direct-support

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organization created under s. 292.055 for a period not to exceed

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24 months after the date the direct-support organization is

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incorporated.

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     2. Any remaining fees must be deposited in the State Homes

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for Veterans Trust Fund, which is created in the State Treasury.

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All such moneys are to be administered by the Department of

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Veterans' Affairs and must be used solely for the purpose of

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constructing, operating, and maintaining domiciliary and nursing

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homes for veterans and for continuing promotion and marketing of

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the license plate, subject to the requirements of chapter 216.

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     Section 4.  Subsection (1) of section 337.111, Florida

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Statutes, is amended to read:

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     337.111  Contracting for monuments and memorials to military

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veterans at rest areas.--The Department of Transportation is

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authorized to enter into contract with any not-for-profit group

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or organization that has been operating for not less than 2 years

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for the installation of monuments and memorials honoring

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Florida's military veterans at highway rest areas around the

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state pursuant to the provisions of this section.

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     (1)  Proposals for contracts must be approved by a committee

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composed of the Secretary of Transportation or the secretary's

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designee, the executive director of the Department of Veterans'

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Affairs or the executive director's designee, and three members

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of the board of directors of the direct-support organization

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established under s. 292.055, Florida Commission on Veterans'

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Affairs appointed by the executive director chair of the

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Department of Veterans' Affairs commission. The terms of the

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appointed members may shall be appointed for terms not to exceed

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2 years and shall run concurrently with the members' terms on the

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board of directors of the direct-support organization. Appointed

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members may be reappointed to the committee. Appointed members'

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terms expire on January 31 of each even-numbered year.

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     Section 5. Section 292.04, Florida Statutes, is repealed.

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     Section 6.  This act shall take effect July 1, 2008.