The Florida Senate

985.4145  Direct-support organization; definition; use of property; board of directors; audit.--

(1)  DEFINITION.--As used in this section, the term "direct-support organization" means an organization whose sole purpose is to support the juvenile justice system and which is:

(a)  A corporation not-for-profit incorporated under chapter 617 and which is approved by the Department of State;

(b)  Organized and operated to conduct programs and activities; to raise funds; to request and receive grants, gifts, and bequests of moneys; to acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and to make expenditures to or for the direct or indirect benefit of the Department of Juvenile Justice or the juvenile justice system operated by a county commission or a district board;

(c)  Determined by the Department of Juvenile Justice to be consistent with the goals of the juvenile justice system, in the best interest of the state, and in accordance with the adopted goals and mission of the Department of Juvenile Justice.

Expenditures of the organization shall be expressly used to prevent and ameliorate juvenile delinquency. The expenditures of the direct-support organization may not be used for the purpose of lobbying as defined in s. 11.045.

(2)  CONTRACT.--The direct-support organization shall operate under written contract with the department. The contract must provide for:

(a)  Approval of the articles of incorporation and bylaws of the direct-support organization by the department.

(b)  Submission of an annual budget for the approval of the department.

(c)  Certification by the department that the direct-support organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the department and in the best interest of the state. Such certification must be made annually and reported in the official minutes of a meeting of the direct-support organization.

(d)  The reversion of moneys and property held in trust by the direct-support organization for the benefit of the juvenile justice system to the state if the department ceases to exist or to the department if the direct-support organization is no longer approved to operate for the department, a county commission, or a district board or if the direct-support organization ceases to exist;

(e)  The fiscal year of the direct-support organization, which must begin July 1 of each year and end June 30 of the following year;

(f)  The disclosure of material provisions of the contract, and the distinction between the department and the direct-support organization, to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications.

(3)  BOARD OF DIRECTORS.--The Secretary of Juvenile Justice shall appoint a board of directors of the direct-support organization. Members of the organization must include representatives from businesses, representatives from each of the juvenile justice service districts, and one representative appointed at large.

(4)  USE OF PROPERTY.--The department may permit, without charge, appropriate use of fixed property and facilities of the juvenile justice system by the direct-support organization, subject to the provisions of this section.

(a)  The department may prescribe any condition with which the direct-support organization must comply in order to use fixed property or facilities of the juvenile justice system.

(b)  The department may not permit the use of any fixed property or facilities of the juvenile justice system by the direct-support organization if it does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(c)  The department shall adopt rules prescribing the procedures by which the direct-support organization is governed and any conditions with which a direct-support organization must comply to use property or facilities of the department.

(5)  Any moneys may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the contract with the department.

(6)  The direct-support organization shall provide for an annual financial and compliance postaudit of its financial accounts and records by an independent certified public accountant in accordance with rules of the Auditor General. The annual audit report must include a management letter and must be submitted to the Auditor General and the department for review. The department and the Auditor General may require and receive from the direct-support organization, or from its independent auditor, any detail or supplemental data relative to the operation of the organization.

History.--s. 20, ch. 99-284.