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 |
|
27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
|
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. |