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The Florida Senate

2024 Florida Statutes

Title XIX PUBLIC BUSINESS
Chapter 288 COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS Entire Chapter
SECTION 987
Florida Defense Support.
F.S. 288.987
288.987 Florida Defense Support.—
(1) The Department of Commerce shall establish a direct-support organization to support Florida’s military and defense industries and communities.
(a) The direct-support organization is a corporation not for profit, as defined in s. 501(c)(3) of the Internal Revenue Code, which is incorporated under chapter 617 and approved by the Department of State. The direct-support organization is exempt from paying filing fees under chapter 617.
(b) The direct-support organization shall operate under contract with the department pursuant to s. 20.60. The contract must provide that:
1. The department may review the direct-support organization’s articles of incorporation.
2. The direct-support organization shall submit an annual budget proposal to the department, on a form provided by the department, in accordance with department procedures for filing budget proposals based on recommendations of the department.
3. Any funds that the direct-support organization holds in trust must revert to the state upon the expiration or cancellation of the contract.
4. The direct-support organization is subject to an annual financial and performance review by the department to determine whether the direct-support organization is complying with the terms of the contract and is acting in a manner consistent with the goals of the department and in the best interest of the state.
(c) The department must determine and annually certify that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the organization and in the best interests of the state.
(d) The fiscal year of the direct-support organization begins on July 1 and ends on June 30 of the next succeeding year. By August 15 of each fiscal year, the department shall submit a proposed operating budget for the direct-support organization to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(e) The direct-support organization shall provide an annual financial audit in accordance with s. 215.981.
(f) The direct-support organization is not an agency for purposes of chapter 120; s. 215.31; chapter 216; ss. 255.21, 255.25, and 255.254, relating to leasing of buildings; and ss. 283.33 and 283.35, relating to bids for printing.
(g) Subject to the approval of the Secretary of Commerce, the department may allow the direct-support organization to use the property, facilities, personnel, and services of the department if the direct-support organization provides equal employment opportunities to all persons regardless of race, color, religion, sex, or national origin.
(2)(a) The mission of the direct-support organization is to carry out the provisions of this section; to make recommendations to preserve and protect military installations; to assist Florida is for Veterans, Inc., created in s. 295.21, with economic and workforce development efforts in military communities; to conduct planning and research and development to support military missions, businesses, and military families; and to improve the state’s military-friendly environment for servicemembers, military dependents, military retirees, and businesses that bring military and base-related jobs to the state.
(b) The direct-support organization is organized and operated to request, receive, hold, invest, and administer property and to manage and make expenditures related to its mission and for joint planning with host communities to accommodate military missions and prevent base encroachment, provide advocacy on the state’s behalf with federal civilian and military officials, 1promote the state to military and related contractors and employers, and 2support economic and product research and development activities of the defense industry.
(c) As necessary and requested by Florida is for Veterans, Inc., the direct-support organization may undertake such activities that assist the corporation with job training and placement for military spouses in communities with high proportions of active duty military personnel. As necessary and requested by the Department of Education, school districts, or Florida College System institutions and state universities, the direct-support organization may undertake such activities that assist in providing a smooth transition for dependents of military personnel and other military students. The direct-support organization is intended to complement but may not supplant the activities of other state entities.
(3) The direct-support organization shall be governed by a board of directors.
(a) The board of directors is composed of the Governor, or his or her designee, and the following members appointed as follows:
1. Four members appointed by the Governor.
2. Four members appointed by the President of the Senate.
3. Four members appointed by the Speaker of the House of Representatives.
(b) Appointed members must represent defense-related industries or communities that host military bases and installations. All appointments in place as of July 1, 2024, must continue in effect until the expiration of the term. Members shall serve for a term of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the initial appointment.
(c) The President of the Senate and the Speaker of the House of Representatives shall each appoint a current member of their respective chambers who shall serve ex officio, nonvoting. An appointed senator or representative shall serve until the expiration of the member’s legislative term and may be reappointed once. An appointed senator or representative may participate in all direct-support organization activities but may not vote.
(d) The President of the Senate and the Speaker of the House of Representatives shall each designate one of their appointees under paragraph (a) to serve as chair of the direct-support organization. The chair shall serve a 2-year term, rotating on December 1 of each even-numbered year. The appointee designated by the President of the Senate shall serve as initial chair. If the Governor, instead of his or her designee, participates in the activities of the direct-support organization, the Governor shall serve as chair.
(e) The Secretary of Commerce, or his or her designee, shall serve as the ex officio, nonvoting executive director of the direct-support organization.
(f) The Executive Director of the Florida Department of Veterans’ Affairs and the Adjutant General of the Florida National Guard, or their designees, shall serve as ex officio, nonvoting members of the direct-support organization.
(g) Any employees and appointed board members, in their capacity of service on the board, are not public employees for the purposes of chapter 110 or chapter 112, except that such employees and appointed board members of the corporation are subject to the provisions of s. 112.061, related to reimbursement for travel and per diem exempts incurred while performing duties, and part III of chapter 112. Otherwise, each member of the board of directors shall serve without compensation.
(4) The direct-support organization shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives each November 1, which may be submitted as a supplement report with the annual report of the department pursuant to s. 20.60.
(5) The direct-support organization, in the performance of its duties, may:
(a) Make and enter into contracts and assume such other functions as are necessary to carry out the mission of the direct-support organization and its contract with the department, provided that any such contracts and assumptions are not inconsistent with this section or any other applicable provision of law governing the direct-support organization. A proposed contract with a total cost of $750,000 or more is subject to the notice, review, and objection procedures of s. 216.177. If the chair and vice chair of the Legislative Budget Commission, or the President of the Senate and the Speaker of the House of Representatives, timely advise the direct-support organization in writing that such proposed contract is contrary to legislative policy and intent, the direct-support organization may not enter into such proposed contract. The direct-support organization may not divide one proposed contract with a total cost of $750,000 or more into multiple contracts to circumvent the requirements of this paragraph.
(b) Establish grant programs and administer grant awards to support its mission. The direct-support organization must publicly adopt guidelines and application procedures and must publish such guidelines, application procedures, and awards on its website. The direct-support organization may assist the department as requested and necessary with any statutorily established grants or other programs, but may not administer such grants on behalf of the department.
(c) Annually spend up to $250,000 of funds appropriated to the department for the direct-support organization for staffing and administrative expenses of the direct-support organization, including travel and per diem costs.
(6) This section is repealed October 1, 2029, unless reviewed and saved from repeal by the Legislature.
History.—s. 38, ch. 2011-76; s. 47, ch. 2012-96; s. 7, ch. 2012-98; s. 11, ch. 2012-159; s. 9, ch. 2014-218; s. 30, ch. 2021-25; s. 100, ch. 2023-173; s. 77, ch. 2024-6; s. 8, ch. 2024-234.
1Note.—The word “promote” was substituted for the words “promotion of” by the editors to improve clarity.
2Note.—The word “of” following the word “support” was deleted by the editors to improve clarity.