| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Veterans' Affairs; |
| 3 | creating s. 292.055, F.S.; providing for the establishment |
| 4 | of direct-support organizations for the Department of |
| 5 | Veterans' Affairs; providing definitions; providing for |
| 6 | governance of the direct-support organization by a board |
| 7 | of directors; providing for organization and membership of |
| 8 | the board; requiring the direct-support organization to |
| 9 | operate under a contract with the Department of Veterans' |
| 10 | Affairs; providing contract requirements; providing |
| 11 | conditions and requirements with respect to the use of |
| 12 | property, facilities, and personal services of the |
| 13 | department by the direct-support organization; providing |
| 14 | for annual budgets, audits, and reports; amending s. |
| 15 | 320.08058, F.S.; revising the distribution of the annual |
| 16 | use fee from the Florida Salutes Veterans license plate; |
| 17 | specifying use of funds; repealing s. 292.04, F.S.; |
| 18 | eliminating the Florida Commission on Veterans' Affairs; |
| 19 | amending s. 265.002, F.S.; revising provisions relating to |
| 20 | the Florida Medal of Honor Wall, to conform; amending s. |
| 21 | 337.111, F.S.; revising the composition and terms of |
| 22 | committee members whose duty it is to approve contract |
| 23 | proposals for specified monuments and memorials to |
| 24 | military veterans, to conform; providing an effective |
| 25 | date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Section 292.055, Florida Statutes, is created |
| 30 | to read: |
| 31 | 292.055 Direct-support organization.-- |
| 32 | (1) DIRECT-SUPPORT ORGANIZATION; ESTABLISHMENT.--The |
| 33 | Department of Veterans' Affairs shall authorize the |
| 34 | establishment of direct-support organizations to provide |
| 35 | assistance, funding, and support for the department in carrying |
| 36 | out its mission. The provisions of this section shall govern the |
| 37 | creation, use, powers, and duties of the direct-support |
| 38 | organization. |
| 39 | (2) DEFINITIONS.--As used in this section, the term: |
| 40 | (a) "Department" means the Department of Veterans' |
| 41 | Affairs. |
| 42 | (b) "Direct-support organization" means an organization |
| 43 | that is: |
| 44 | 1. A Florida corporation not for profit, incorporated |
| 45 | under chapter 617, exempted from filing fees, and approved by |
| 46 | the Department of State. |
| 47 | 2. Organized and operated exclusively to obtain funds; |
| 48 | request and receive grants, gifts, and bequests of moneys; |
| 49 | acquire, receive, hold, invest, and administer in its own name |
| 50 | securities, funds, or property; and make expenditures to or for |
| 51 | the direct or indirect benefit of the department. |
| 52 | 3. Determined by the department to be operating in a |
| 53 | manner consistent with the goals of the department and in the |
| 54 | best interest of the state. |
| 55 | (c) "Personal services" includes full-time or part-time |
| 56 | personnel. |
| 57 | (3) BOARD OF DIRECTORS.--The direct-support organization |
| 58 | shall be governed by a board of directors. The board of |
| 59 | directors shall consist of no fewer than five members appointed |
| 60 | by the executive director of the department. Veteran service |
| 61 | organizations in Florida may recommend nominees to the executive |
| 62 | director of the department. The term of office of the board |
| 63 | members shall be 3 years, except that the terms of the initial |
| 64 | appointees shall be for 1 year, 2 years, or 3 years in order to |
| 65 | achieve staggering of terms. A member may be reappointed when |
| 66 | his or her term expires. The executive director of the |
| 67 | department or his or her designee shall serve as an ex officio |
| 68 | member of the board of directors. Members must be current |
| 69 | residents of the state. A majority of the members must be |
| 70 | veterans, as defined in s. 1.01(14), and highly knowledgeable |
| 71 | about the United States military, its service personnel, its |
| 72 | veterans, and its missions. The executive director of the |
| 73 | department may remove any member of the board for cause. The |
| 74 | executive director of the department shall appoint a replacement |
| 75 | for any vacancy that occurs. |
| 76 | (4) CONTRACT.--A direct-support organization shall operate |
| 77 | under a written contract with the department. The written |
| 78 | contract must provide for: |
| 79 | (a) Certification by the department that the direct- |
| 80 | support organization is complying with the terms of the contract |
| 81 | and is doing so consistent with the goals and purposes of the |
| 82 | department and in the best interests of the state. This |
| 83 | certification must be made annually and reported in the official |
| 84 | minutes of a meeting of the direct-support organization. |
| 85 | (b) The reversion of moneys and property held by the |
| 86 | direct-support organization: |
| 87 | 1. To the department if the direct-support organization is |
| 88 | no longer approved to operate for the department; |
| 89 | 2. To the department if the direct-support organization |
| 90 | ceases to exist; or |
| 91 | 3. To the state if the department ceases to exist. |
| 92 | (c) The disclosure of the material provisions of the |
| 93 | contract, and the distinction between the department and the |
| 94 | direct-support organization, to donors of gifts, contributions, |
| 95 | or bequests, including such disclosure on all promotional and |
| 96 | fundraising publications. |
| 97 | (5) USE OF PROPERTY.-- |
| 98 | (a) The department may permit the use of property, |
| 99 | facilities, and personal services of the department by the |
| 100 | direct-support organization, subject to the provisions of this |
| 101 | section. |
| 102 | (b) The department may prescribe by contract any condition |
| 103 | with which a direct-support organization organized under this |
| 104 | section must comply in order to use property, facilities, or |
| 105 | personal services of the department. |
| 106 | (c) The department may not permit the use of its property, |
| 107 | facilities, or personal services by any direct-support |
| 108 | organization organized under this section which does not provide |
| 109 | equal employment opportunities to all persons regardless of |
| 110 | race, color, national origin, gender, age, or religion. |
| 111 | (6) ACTIVITIES; RESTRICTIONS.--Any transaction or |
| 112 | agreement between the direct-support organization organized |
| 113 | pursuant to this section and another direct-support organization |
| 114 | or other entity must be approved by the executive director of |
| 115 | the department. |
| 116 | (7) ANNUAL BUDGETS AND REPORTS.-- |
| 117 | (a) The fiscal year of the direct-support organization |
| 118 | shall begin on July 1 of each year and end on June 30 of the |
| 119 | following year. |
| 120 | (b) The direct-support organization shall submit to the |
| 121 | department its federal Internal Revenue Service Application for |
| 122 | Recognition of Exemption form (Form 1023) and its federal |
| 123 | Internal Revenue Service Return of Organization Exempt from |
| 124 | Income Tax form (Form 990). |
| 125 | (8) ANNUAL AUDIT.--The direct-support organization shall |
| 126 | provide for an annual financial audit in accordance with s. |
| 127 | 215.981. |
| 128 | Section 2. Subsection (4) of section 320.08058, Florida |
| 129 | Statutes, 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 |
| 133 | Veterans license plate. The words "Florida Salutes Veterans" and |
| 134 | the flag of the United States of America must appear on the |
| 135 | plate. |
| 136 | (b) The Florida Salutes Veterans license plate annual use |
| 137 | fee shall be distributed as follows: |
| 138 | 1. Twenty-percent shall be distributed to a direct-support |
| 139 | organization created under s. 292.055. Such funds shall be used |
| 140 | for the sole purpose of providing direct or indirect benefit to |
| 141 | the Department of Veterans' Affairs. |
| 142 | 2. Any remaining fees must be deposited in the State Homes |
| 143 | for Veterans Trust Fund, which is created in the State Treasury. |
| 144 | All such moneys are to be administered by the Department of |
| 145 | Veterans' Affairs and must be used solely for the purpose of |
| 146 | constructing, operating, and maintaining domiciliary and nursing |
| 147 | homes for veterans and for continuing promotion and marketing of |
| 148 | the 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, |
| 151 | Florida Statutes, are amended to read: |
| 152 | 265.002 Legislative intent; Florida Medal of Honor Wall; |
| 153 | duties of the Department of Veterans' Affairs.-- |
| 154 | (2)(a) There is hereby established the Florida Medal of |
| 155 | Honor Wall. The Department of Management Services shall, in |
| 156 | consultation with the Department of Veterans' Affairs Florida |
| 157 | Commission on Veterans' Affairs, designate an appropriate area |
| 158 | on the Plaza Level of the Capitol Building in Tallahassee for |
| 159 | this purpose. The department shall also subsequently consult |
| 160 | with the Department of Veterans' Affairs Commission on Veterans' |
| 161 | Affairs regarding the design and theme of such area. |
| 162 | (b) Each recipient who is accredited, or associated by |
| 163 | birth, to the State of Florida and has been awarded the Medal of |
| 164 | Honor shall have a plaque or similar designation approved by the |
| 165 | Department of Veterans' Affairs Florida Commission on Veterans' |
| 166 | Affairs placed on the Medal of Honor Wall, which designation |
| 167 | shall provide information regarding the Floridian's particular |
| 168 | act of heroism as well as other information relating to the |
| 169 | nature of the act. |
| 170 | (3) Verification of residency, dates of the receipt of the |
| 171 | award, and other specific information pertaining to each |
| 172 | recipient shall be the responsibility of the Florida Department |
| 173 | of Veterans' Affairs, which shall certify eligibility for |
| 174 | inclusion of individuals to be added to the Florida Medal of |
| 175 | Honor Wall. |
| 176 | Section 5. Subsection (1) of section 337.111, Florida |
| 177 | Statutes, is amended to read: |
| 178 | 337.111 Contracting for monuments and memorials to |
| 179 | military veterans at rest areas.--The Department of |
| 180 | Transportation is authorized to enter into contract with any |
| 181 | not-for-profit group or organization that has been operating for |
| 182 | not less than 2 years for the installation of monuments and |
| 183 | memorials honoring Florida's military veterans at highway rest |
| 184 | areas around the state pursuant to the provisions of this |
| 185 | section. |
| 186 | (1) Proposals for contracts must be approved by a |
| 187 | committee composed of the Secretary of Transportation or the |
| 188 | secretary's designee, the executive director of the Department |
| 189 | of Veterans' Affairs or the executive director's designee, and |
| 190 | three members of the board of directors of the direct-support |
| 191 | organization established under s. 292.055 Florida Commission on |
| 192 | Veterans' Affairs appointed by the executive director chair of |
| 193 | the Department of Veterans' Affairs commission. The terms of the |
| 194 | appointed members shall be appointed for terms not to exceed 2 |
| 195 | years and shall run concurrently with the members' terms on the |
| 196 | board of directors of the direct-support organization. |
| 197 | Appointed members and may be reappointed to the committee. |
| 198 | Appointed members' terms expire on January 31 of each even- |
| 199 | numbered year. |
| 200 | Section 6. This act shall take effect July 1, 2008. |