CS/HB 861

1	A bill to be entitled
2	An act relating to direct-support organizations; creating
3	s. 292.055, F.S.; creating the "Sergeant First Class Paul
4	R. Smith Memorial Act"; authorizing the Department of
5	Veterans' Affairs to establish a direct-support
6	organization to assist the department; providing
7	definitions; providing purposes, objectives, and duties of
8	the direct-support organization; providing for a board of
9	directors and membership requirements for the board
10	members; requiring the direct-support organization to
11	operate under contract with the department; delineating
12	contract and other governance requirements; providing
13	guidelines for the use of funds; providing for the use of
14	property, facilities, and personal services of the
15	department; providing restrictions; providing limits on
16	the direct-support organization; requiring the direct-
17	support organization to submit certain federal tax forms
18	to the department; providing for an annual audit; amending
19	s. 265.002, F.S.; providing for the Department of
20	Veterans' Affairs to replace the Florida Commission on
21	Veterans' Affairs in cooperating with the Department of
22	Management Services to establish the Florida Medal of
23	Honor Wall; amending s. 320.08058, F.S.; requiring that a
24	certain percentage of the annual license plate fee
25	collected from the sale of the "Florida Salutes Veterans"
26	license plate be distributed to the direct-support
27	organization created for the purpose of providing benefit
28	to the Department of Veterans' Affairs for a specified
29	period; providing that the remaining fees be deposited in
30	the State Homes for Veterans Trust Fund; amending s.
31	337.111, F.S.; providing that three members of the direct-
32	support organization of the Department of Veterans'
33	Affairs participate on a committee to approve contracts to
34	install monuments and memorials honoring Florida's
35	military veterans at highway rest areas around the state;
36	repealing s. 292.04, F.S., relating to the Florida
37	Commission on Veteran's Affairs; providing an effective
38	date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 292.055, Florida Statutes, is created
43	to read:
44	292.055  Direct-support organization.--
45	(1)  SHORT TITLE; DIRECT-SUPPORT ORGANIZATION
46	ESTABLISHED.--This section may be cited as the "Sergeant First
47	Class Paul R. Smith Memorial Act." The Department of Veterans'
48	Affairs may establish a direct-support organization to provide
49	assistance, funding, and support for the department in carrying
50	out its mission. This section governs the creation, use, powers,
51	and duties of the direct-support organization.
52	(2)  DEFINITIONS.--As used in this section, the term:
53	(a)  "Department" means the Department of Veterans'
54	Affairs.
55	(b)  "Direct-support organization" means an organization
56	that is:
57	1.  A Florida corporation not for profit, incorporated
58	under chapter 617, exempted from filing fees, and approved by
59	the Department of State.
60	2.  Organized and operated exclusively to obtain funds;
61	request and receive grants, gifts, and bequests of moneys;
62	acquire, receive, hold, invest, and administer in its own name
63	securities, funds, or property; and make expenditures to or for
64	the direct or indirect benefit of the department, the veterans
65	of this state, and congressionally chartered veteran service
66	organizations having subdivisions that are incorporated in this
67	state.
68	3.  Determined by the department to be operating in a
69	manner consistent with the goals of the department and in the
70	best interest of the state.
71	(c)  "Personal services" includes full-time or part-time
72	personnel.
73	(3)  BOARD OF DIRECTORS.--The direct-support organization
74	shall be governed by a board of directors.
75	(a)  The board of directors shall consist of no fewer than
76	five members appointed by the executive director of the
77	department. Veteran service organizations in this state may
78	recommend nominees to the executive director of the department.
79	(b)  The term of office of the board members shall be 3
80	years, except that the terms of the initial appointees shall be
81	for 1 year, 2 years, or 3 years in order to achieve staggered
82	terms. A member may be reappointed when his or her term expires.
83	The executive director of the department or his or her designee
84	shall serve as an ex officio member of the board of directors.
85	(c)  Members must be current residents of this state. A
86	majority of the members must be veterans, as defined in s.
87	1.01(14), and highly knowledgeable about the United States
88	military, its service personnel, its veterans, and its missions.
89	The executive director of the department may remove any member
90	of the board for cause and with the approval of a majority of
91	the members of the board of directors. The executive director of
92	the department shall appoint a replacement for any vacancy that
93	occurs.
94	(4)  CONTRACT.--A direct-support organization shall operate
95	under a written contract with the department. The written
96	contract must provide for:
97	(a)  Certification by the department that the direct-
98	support organization is complying with the terms of the contract
99	and is doing so consistent with the goals and purposes of the
100	department and in the best interests of the state. This
101	certification must be made annually and reported in the official
102	minutes of a meeting of the direct-support organization.
103	(b)  The reversion of moneys and property held by the
104	direct-support organization:
105	1.  To the department if the direct-support organization is
106	no longer approved to operate for the department;
107	2.  To the department if the direct-support organization
108	ceases to exist; or
109	3.  To the state if the department ceases to exist.
110	(c)  The disclosure of the material provisions of the
111	contract, and the distinction between the department and the
112	direct-support organization, to donors of gifts, contributions,
113	or bequests, including such disclosure on all promotional and
114	fundraising publications.
115	(5)  USE OF PROPERTY.--
116	(a)  The department may permit the use of property,
117	facilities, and personal services of the department by the
118	direct-support organization, subject to this section.
119	(b)  The department may prescribe by contract any condition
120	with which the direct-support organization must comply in order
121	to use property, facilities, or personal services of the
122	department.
123	(c)  The department may not permit the use of its property,
124	facilities, or personal services by any direct-support
125	organization organized under this section which does not provide
126	equal employment opportunities to all persons regardless of
127	race, color, national origin, gender, age, or religion.
128	(6)  ACTIVITIES; RESTRICTIONS.--Any transaction or
129	agreement between the direct-support organization organized
130	under this section and another direct-support organization or
131	other entity must be approved by the executive director of the
132	department.
133	(7)  ANNUAL BUDGETS AND REPORTS.--
134	(a)  The fiscal year of the direct-support organization
135	shall begin on July 1 of each year and end on June 30 of the
136	following year.
137	(b)  The direct-support organization shall submit to the
138	department its federal Internal Revenue Service Application for
139	Recognition of Exemption form (Form 1023) and its federal
140	Internal Revenue Service Return of Organization Exempt from
141	Income Tax form (Form 990).
142	(8)  ANNUAL AUDIT.--The direct-support organization shall
143	provide for an annual financial audit in accordance with s.
144	215.981.
145	Section 2.  Subsections (2) and (3) of section 265.002,
146	Florida Statutes, are amended to read:
147	265.002  Legislative intent; Florida Medal of Honor Wall;
148	duties of the Department of Veterans' Affairs.--
149	(2)(a)  There is hereby established the Florida Medal of
150	Honor Wall. The Department of Management Services shall, in
151	consultation with the Department of Florida Commission on
152	Veterans' Affairs, designate an appropriate area on the Plaza
153	Level of the Capitol Building in Tallahassee for this purpose.
154	The department shall also subsequently consult with the
155	Department of Commission on Veterans' Affairs regarding the
156	design and theme of such area.
157	(b)  Each recipient who is accredited, or associated by
158	birth, to the State of Florida and has been awarded the Medal of
159	Honor shall have a plaque or similar designation approved by the
160	Department of Florida Commission on Veterans' Affairs placed on
161	the Medal of Honor Wall, which designation shall provide
162	information regarding the Floridian's particular act of heroism
163	as well as other information relating to the nature of the act.
164	(3)  Verification of residency, dates of the receipt of the
165	award, and other specific information pertaining to each
166	recipient shall be the responsibility of the Florida Department
167	of Veterans' Affairs, which shall certify eligibility for
168	inclusion of individuals to be added to the Florida Medal of
169	Honor Wall.
170	Section 3.  Subsection (4) of section 320.08058, Florida
171	Statutes, is amended to read:
172	320.08058  Specialty license plates.--
173	(4)  FLORIDA SALUTES VETERANS LICENSE PLATES.--
174	(a)  The department shall develop a Florida Salutes
175	Veterans license plate. The words "Florida Salutes Veterans" and
176	the flag of the United States of America must appear on the
177	plate.
178	(b)  The Florida Salutes Veterans license plate annual use
179	fee shall be distributed as follows:
180	1.  Twenty percent shall be distributed to a direct-support
181	organization created under s. 292.055 for a period not to exceed
182	24 months after the date the direct-support organization is
183	incorporated.
184	2.  Any remaining fees must be deposited in the State Homes
185	for Veterans Trust Fund, which is created in the State Treasury.
186	All such moneys are to be administered by the Department of
187	Veterans' Affairs and must be used solely for the purpose of
188	constructing, operating, and maintaining domiciliary and nursing
189	homes for veterans and for continuing promotion and marketing of
190	the license plate, subject to the requirements of chapter 216.
191	Section 4.  Subsection (1) of section 337.111, Florida
192	Statutes, is amended to read:
193	337.111  Contracting for monuments and memorials to
194	military veterans at rest areas.--The Department of
195	Transportation is authorized to enter into contract with any
196	not-for-profit group or organization that has been operating for
197	not less than 2 years for the installation of monuments and
198	memorials honoring Florida's military veterans at highway rest
199	areas around the state pursuant to the provisions of this
200	section.
201	(1)  Proposals for contracts must be approved by a
202	committee composed of the Secretary of Transportation or the
203	secretary's designee, the executive director of the Department
204	of Veterans' Affairs or the executive director's designee, and
205	three members of the board of directors of the direct-support
206	organization established under s. 292.055, Florida Commission on
207	Veterans' Affairs appointed by the executive director chair of
208	the Department of Veterans' Affairs commission. The terms of the
209	appointed members may shall be appointed for terms not to exceed
210	2 years and shall run concurrently with the members' terms on
211	the board of directors of the direct-support organization.
212	Appointed members may be reappointed to the committee. Appointed
213	members' terms expire on January 31 of each even-numbered year.
214	Section 5.  Section 292.04, Florida Statutes, is repealed.
215	Section 6.  This act shall take effect July 1, 2008.

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