Senate Bill sb1890

    Florida Senate - 2006                                  SB 1890

    By Senator Margolis





    35-1198-06                                          See HB 697

  1                      A bill to be entitled

  2         An act relating to judicial circuit

  3         direct-support organizations; providing a

  4         definition; providing for a direct-support

  5         organization in a judicial circuit; providing

  6         for organization and operation of the

  7         organization for certain purposes; providing

  8         for approval of the organization by the state

  9         attorney of a judicial circuit; providing for a

10         board of directors; providing for appointment

11         of a president of the board; providing for

12         appointment of board members; authorizing a

13         state attorney's office of a judicial circuit

14         to permit certain uses of certain property and

15         facilities of the office by the direct-support

16         organization for certain purposes; providing

17         limitations; authorizing a state attorney to

18         adopt certain rules; requiring the

19         direct-support organization to submit certain

20         information to the state attorney's office of a

21         judicial circuit; requiring the organization to

22         provide for an annual financial audit;

23         providing an effective date.

24  

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

26  

27         Section 1.  Direct-support organization; definition;

28  board of directors; use of property; budgets and reports;

29  audit.--

30         (1)  DEFINITION.--For the purpose of this section, the

31  term "direct-support organization" means an organization:

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






    Florida Senate - 2006                                  SB 1890
    35-1198-06                                          See HB 697




 1         (a)  Which is a corporation not for profit that is

 2  incorporated under the provisions of chapter 617, Florida

 3  Statutes, exempted from filing fees, and approved by the

 4  Department of State.

 5         (b)  Established, organized, and operated in a judicial

 6  circuit to benefit victims of crime and conduct crime

 7  prevention activities; raise funds; request and receive

 8  grants, gifts, and bequests of moneys; acquire, receive, hold,

 9  invest, and administer, in its own name, securities, funds,

10  objects of value, or other property, real or personal; and

11  make expenditures to or for the direct or indirect benefit of

12  victims.

13         (c)  Determined by the state attorney's office of the

14  judicial circuit to be consistent with the priority issues and

15  objectives of such state attorney's office and in the best

16  interest of the state.

17         (d)  Approved in writing by the state attorney of the

18  judicial circuit to operate for the purposes specified in

19  paragraph (b). Such approval shall be in a letter of agreement

20  from the state attorney of the judicial circuit.

21         (2)  BOARD OF DIRECTORS.--The organization shall be

22  governed by a board of directors. The state attorney of the

23  judicial circuit shall appoint a president of the board. The

24  board of directors shall consist of up to 15 members appointed

25  by the president of the board. The terms of office of the

26  members shall be 3 years. Members must be residents of the

27  state and highly knowledgeable about issues relating to

28  victims of crimes and crime prevention activities. In making

29  appointments, the board must consider a potential member's

30  background in community service. The board may remove any

31  member for cause and shall fill vacancies that occur.

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






    Florida Senate - 2006                                  SB 1890
    35-1198-06                                          See HB 697




 1         (3)  USE OF PROPERTY.--

 2         (a)  The state attorney of the judicial circuit may

 3  permit, without charge, appropriate use of fixed property and

 4  facilities by the direct-support organization subject to the

 5  provisions of this section. Such use must be directly in

 6  keeping with the approved purpose of the direct-support

 7  organization and may not be made at times or places that would

 8  unreasonably interfere with opportunities for staff, victims,

 9  and witnesses to use the areas for established purposes.

10         (b)  The state attorney of the judicial circuit may

11  prescribe by rule any condition with which the direct-support

12  organization organized under this section must comply in order

13  to use fixed property or facilities of the state attorney's

14  office of the judicial circuit.

15         (c)  The state attorney's office of the judicial

16  circuit may not permit the use of any fixed property or

17  facilities of such office by a direct-support organization

18  organized under this section which does not provide equal

19  membership and employment opportunities to all persons

20  regardless of race, color, religion, sex, age, or national

21  origin.

22         (4)  ANNUAL BUDGETS AND REPORTS.--The direct-support

23  organization shall submit to the state attorney's office of

24  the judicial circuit its federal Internal Revenue Service

25  Application for Recognition of Exemption form (Form 1023) and

26  its federal Internal Revenue Service Return of Organization

27  Exempt from Income Tax form (Form 990).

28         (5)  ANNUAL AUDIT.--The direct-support organization

29  shall provide for an annual financial audit in accordance with

30  s. 215.981, Florida Statutes.

31         Section 2.  This act shall take effect July 1, 2006.

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