Florida Senate - 2018 SB 938
By Senator Bracy
1 A bill to be entitled
2 An act relating to the Department of Corrections’
3 direct-support organization; amending s. 944.802,
4 F.S.; abrogating the scheduled repeal of provisions
5 governing a direct-support organization that is
6 permitted use of fixed properties and facilities of
7 the state correctional system by the Department of
8 Corrections; providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 944.802, Florida Statutes, is amended to
14 944.802 Direct-support organization; definition; use of
15 property; board of directors; audit.—
16 (1) DEFINITION.—For the purpose of this section, the term
17 “direct-support organization” means an organization:
18 (a) That
Which is a corporation not for profit that is
19 incorporated under the provisions of chapter 617, exempted from
20 filing fees, and approved by the Department of State;
21 (b) Organized and operated to conduct programs and
22 activities; initiate developmental projects; raise funds;
23 request and receive grants, gifts, and bequests of moneys;
24 acquire, receive, hold, invest, and administer, in its own name,
25 securities, funds, objects of value, or other property, real or
26 personal; and make expenditures to or for the direct or indirect
27 benefit of the Department of Corrections or individual units of
28 the state correctional system;
29 (c) Determined by the Department of Corrections to be
30 consistent with the priority issues and objectives of the
31 Department of Corrections and in the best interest of the state;
33 (d) Approved in writing by the Secretary of Corrections to
34 operate for the direct or indirect benefit of the Department of
35 Corrections or individual units of the state correctional
36 system. Such approval shall be in a letter of agreement from the
37 Department of Corrections.
38 (2) USE OF PROPERTY.—
39 (a) The Department of Corrections may permit, without
40 charge, appropriate use of fixed property and facilities of the
41 state correctional system by a direct-support organization
42 subject to the provisions in this section. Such use must be
43 directly in keeping with the approved purpose of the direct
44 support organization , and may not be made at times or places
45 that would unreasonably interfere with opportunities for inmates
46 and staff to use the areas for established purposes.
47 (b) The Department of Corrections may prescribe by rule any
48 condition with which a direct-support organization shall comply
49 in order to use fixed property or facilities of the state
50 correctional system.
51 (c) The Department of Corrections may shall not permit the
52 use of any fixed property or facilities of the Department of
53 Corrections by a direct-support organization that does not
54 provide equal membership and employment opportunities to all
55 persons regardless of race, color, religion, sex, age, or
56 national origin.
57 (3) ANNUAL AUDIT.—The direct-support organization shall
58 provide for an annual financial audit in accordance with s.
60 (4) REPEAL.—This section is repealed October 1, 2018,
61 unless reviewed and saved from repeal by the Legislature.
62 Section 2. This act shall take effect July 1, 2018.