The Florida Senate

229.8021  Direct-support organization; use of property; board of directors; audit.--

(1)  DEFINITIONS.--For the purposes of this section, the term:

(a)  "Department of Education direct-support organization" means an organization:

1.  Which is a corporation not for profit that is incorporated under the provisions of chapter 617 and approved by the Department of State;

2.  Which is organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of public prekindergarten through 12th grade education in this state; and

3.  Which the State Board of Education, after review, has certified to be operating in a manner consistent with the goals and best interest of the Department of Education.

(b)  "Personal services" includes full-time or part-time personnel, as well as payroll processing.

(2)  USE OF PROPERTY.--The State Board of Education:

(a)  Is authorized to permit the use of property, facilities, and personal services of the Department of Education by the direct-support organization, subject to the provisions of this section.

(b)  Shall prescribe by rule conditions with which the direct-support organization must comply in order to use property, facilities, or personal services of the Department of Education. Such rules shall provide for budget and audit review and for oversight by the department.

(c)  Shall not permit the use of property, facilities, or personal services of the direct-support organization if such organization does not provide equal employment opportunities to all persons, regardless of race, color, national origin, sex, age, or religion.

(3)  BOARD OF DIRECTORS.--The board of directors of the Department of Education direct-support organization shall be appointed by the Commissioner of Education and shall include representation from business, industry, and other components of Florida's economy.

(4)  ANNUAL AUDIT.--The direct-support organization shall make provision for an annual postaudit of its financial accounts to be conducted by an independent, certified public accountant in accordance with rules to be promulgated by the State Board of Education. The annual audit report shall include a management letter and shall be submitted to the Auditor General and the State Board of Education for review. The State Board of Education and the Auditor General have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors and all information identifying donors and prospective donors is confidential and exempt from the provisions of s. 119.07(1), and that anonymity shall be maintained in the auditor's report. All other records and information shall be considered public records for the purposes of chapter 119.

History.--s. 1, ch. 84-172; s. 41, ch. 85-80; s. 24, ch. 87-329; s. 1, ch. 88-154; s. 57, ch. 90-360; s. 76, ch. 96-406.