HB 861

1
A bill to be entitled
2An act relating to the Department of Veterans' Affairs;
3creating s. 292.055, F.S.; providing for the establishment
4of direct-support organizations for the Department of
5Veterans' Affairs; providing definitions; providing for
6governance of the direct-support organization by a board
7of directors; providing for organization and membership of
8the board; requiring the direct-support organization to
9operate under a contract with the Department of Veterans'
10Affairs; providing contract requirements; providing
11conditions and requirements with respect to the use of
12property, facilities, and personal services of the
13department by the direct-support organization; providing
14for annual budgets, audits, and reports; amending s.
15320.08058, F.S.; revising the distribution of the annual
16use fee from the Florida Salutes Veterans license plate;
17specifying use of funds; repealing s. 292.04, F.S.;
18eliminating the Florida Commission on Veterans' Affairs;
19amending s. 265.002, F.S.; revising provisions relating to
20the Florida Medal of Honor Wall, to conform; amending s.
21337.111, F.S.; revising the composition and terms of
22committee members whose duty it is to approve contract
23proposals for specified monuments and memorials to
24military veterans, to conform; providing an effective
25date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 292.055, Florida Statutes, is created
30to read:
31     292.055  Direct-support organization.--
32     (1)  DIRECT-SUPPORT ORGANIZATION; ESTABLISHMENT.--The
33Department of Veterans' Affairs shall authorize the
34establishment of direct-support organizations to provide
35assistance, funding, and support for the department in carrying
36out its mission. The provisions of this section shall govern the
37creation, use, powers, and duties of the direct-support
38organization.
39     (2)  DEFINITIONS.--As used in this section, the term:
40     (a)  "Department" means the Department of Veterans'
41Affairs.
42     (b)  "Direct-support organization" means an organization
43that is:
44     1.  A Florida corporation not for profit, incorporated
45under chapter 617, exempted from filing fees, and approved by
46the Department of State.
47     2.  Organized and operated exclusively to obtain funds;
48request and receive grants, gifts, and bequests of moneys;
49acquire, receive, hold, invest, and administer in its own name
50securities, funds, or property; and make expenditures to or for
51the direct or indirect benefit of the department.
52     3.  Determined by the department to be operating in a
53manner consistent with the goals of the department and in the
54best interest of the state.
55     (c)  "Personal services" includes full-time or part-time
56personnel.
57     (3)  BOARD OF DIRECTORS.--The direct-support organization
58shall be governed by a board of directors. The board of
59directors shall consist of no fewer than five members appointed
60by the executive director of the department. Veteran service
61organizations in Florida may recommend nominees to the executive
62director of the department. The term of office of the board
63members shall be 3 years, except that the terms of the initial
64appointees shall be for 1 year, 2 years, or 3 years in order to
65achieve staggering of terms. A member may be reappointed when
66his or her term expires. The executive director of the
67department or his or her designee shall serve as an ex officio
68member of the board of directors. Members must be current
69residents of the state. A majority of the members must be
70veterans, as defined in s. 1.01(14), and highly knowledgeable
71about the United States military, its service personnel, its
72veterans, and its missions. The executive director of the
73department may remove any member of the board for cause. The
74executive director of the department shall appoint a replacement
75for any vacancy that occurs.
76     (4)  CONTRACT.--A direct-support organization shall operate
77under a written contract with the department. The written
78contract must provide for:
79     (a)  Certification by the department that the direct-
80support organization is complying with the terms of the contract
81and is doing so consistent with the goals and purposes of the
82department and in the best interests of the state. This
83certification must be made annually and reported in the official
84minutes of a meeting of the direct-support organization.
85     (b)  The reversion of moneys and property held by the
86direct-support organization:
87     1.  To the department if the direct-support organization is
88no longer approved to operate for the department;
89     2.  To the department if the direct-support organization
90ceases to exist; or
91     3.  To the state if the department ceases to exist.
92     (c)  The disclosure of the material provisions of the
93contract, and the distinction between the department and the
94direct-support organization, to donors of gifts, contributions,
95or bequests, including such disclosure on all promotional and
96fundraising publications.
97     (5)  USE OF PROPERTY.--
98     (a)  The department may permit the use of property,
99facilities, and personal services of the department by the
100direct-support organization, subject to the provisions of this
101section.
102     (b)  The department may prescribe by contract any condition
103with which a direct-support organization organized under this
104section must comply in order to use property, facilities, or
105personal services of the department.
106     (c)  The department may not permit the use of its property,
107facilities, or personal services by any direct-support
108organization organized under this section which does not provide
109equal employment opportunities to all persons regardless of
110race, color, national origin, gender, age, or religion.
111     (6)  ACTIVITIES; RESTRICTIONS.--Any transaction or
112agreement between the direct-support organization organized
113pursuant to this section and another direct-support organization
114or other entity must be approved by the executive director of
115the department.
116     (7)  ANNUAL BUDGETS AND REPORTS.--
117     (a)  The fiscal year of the direct-support organization
118shall begin on July 1 of each year and end on June 30 of the
119following year.
120     (b)  The direct-support organization shall submit to the
121department its federal Internal Revenue Service Application for
122Recognition of Exemption form (Form 1023) and its federal
123Internal Revenue Service Return of Organization Exempt from
124Income Tax form (Form 990).
125     (8)  ANNUAL AUDIT.--The direct-support organization shall
126provide for an annual financial audit in accordance with s.
127215.981.
128     Section 2.  Subsection (4) of section 320.08058, Florida
129Statutes, is amended to read:
130     320.08058  Specialty license plates.--
131     (4)  FLORIDA SALUTES VETERANS LICENSE PLATES.--
132     (a)  The department shall develop a Florida Salutes
133Veterans license plate. The words "Florida Salutes Veterans" and
134the flag of the United States of America must appear on the
135plate.
136     (b)  The Florida Salutes Veterans license plate annual use
137fee shall be distributed as follows:
138     1.  Twenty-percent shall be distributed to a direct-support
139organization created under s. 292.055. Such funds shall be used
140for the sole purpose of providing direct or indirect benefit to
141the Department of Veterans' Affairs.
142     2.  Any remaining fees must be deposited in the State Homes
143for Veterans Trust Fund, which is created in the State Treasury.
144All such moneys are to be administered by the Department of
145Veterans' Affairs and must be used solely for the purpose of
146constructing, operating, and maintaining domiciliary and nursing
147homes for veterans and for continuing promotion and marketing of
148the license plate, subject to the requirements of chapter 216.
149     Section 3.  Section 292.04, Florida Statutes, is repealed.
150     Section 4.  Subsections (2) and (3) of section 265.002,
151Florida Statutes, are amended to read:
152     265.002  Legislative intent; Florida Medal of Honor Wall;
153duties of the Department of Veterans' Affairs.--
154     (2)(a)  There is hereby established the Florida Medal of
155Honor Wall. The Department of Management Services shall, in
156consultation with the Department of Veterans' Affairs Florida
157Commission on Veterans' Affairs, designate an appropriate area
158on the Plaza Level of the Capitol Building in Tallahassee for
159this purpose. The department shall also subsequently consult
160with the Department of Veterans' Affairs Commission on Veterans'
161Affairs regarding the design and theme of such area.
162     (b)  Each recipient who is accredited, or associated by
163birth, to the State of Florida and has been awarded the Medal of
164Honor shall have a plaque or similar designation approved by the
165Department of Veterans' Affairs Florida Commission on Veterans'
166Affairs placed on the Medal of Honor Wall, which designation
167shall provide information regarding the Floridian's particular
168act of heroism as well as other information relating to the
169nature of the act.
170     (3)  Verification of residency, dates of the receipt of the
171award, and other specific information pertaining to each
172recipient shall be the responsibility of the Florida Department
173of Veterans' Affairs, which shall certify eligibility for
174inclusion of individuals to be added to the Florida Medal of
175Honor Wall.
176     Section 5.  Subsection (1) of section 337.111, Florida
177Statutes, is amended to read:
178     337.111  Contracting for monuments and memorials to
179military veterans at rest areas.--The Department of
180Transportation is authorized to enter into contract with any
181not-for-profit group or organization that has been operating for
182not less than 2 years for the installation of monuments and
183memorials honoring Florida's military veterans at highway rest
184areas around the state pursuant to the provisions of this
185section.
186     (1)  Proposals for contracts must be approved by a
187committee composed of the Secretary of Transportation or the
188secretary's designee, the executive director of the Department
189of Veterans' Affairs or the executive director's designee, and
190three members of the board of directors of the direct-support
191organization established under s. 292.055 Florida Commission on
192Veterans' Affairs appointed by the executive director chair of
193the Department of Veterans' Affairs commission. The terms of the
194appointed members shall be appointed for terms not to exceed 2
195years and shall run concurrently with the members' terms on the
196board of directors of the direct-support organization.  
197Appointed members and may be reappointed to the committee.
198Appointed members' terms expire on January 31 of each even-
199numbered year.
200     Section 6.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.