The Florida Senate

250.115  Department of Military Affairs direct-support organization.--

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

(a)  "Direct-support organization" means an organization that is:

1.  A Florida corporation not for profit, incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to raise funds; request and receive grants, gifts, bequests of moneys; acquire, receive, hold, invest, and administer in its own name securities, funds, or property; and make expenditures to or for the direct or indirect benefit of the Department of Military Affairs or the Florida National Guard.

3.  Determined by the Department of Military Affairs to be operating in a manner consistent with the goals of the Department of Military Affairs and the Florida National Guard and in the best interest of the state. Any organization that is denied certification by the Adjutant General may not use the name of the Florida National Guard or the Department of Military Affairs in any part of its name or its publications.

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

(2)  BOARD OF DIRECTORS.--The organization shall be governed by a board of directors. The Adjutant General, or his or her designee, shall serve as president of the board. The board of directors shall consist of up to 15 members appointed by the Adjutant General. Up to 15 additional members shall be appointed by the board of directors. The terms of office of the members shall be 3 years. Members must be residents of the state and highly knowledgeable about the United States military, its service personnel, and its missions. In making appointments, the board must consider a potential member's background in community service. The Adjutant General may remove any member for cause and shall fill vacancies that occur.

(3)  USE OF PROPERTY.--

(a)  The Adjutant General is authorized to permit the use of property, facilities, and personal services of the Department of Military Affairs by the direct-support organization, subject to the provisions of this section.

(b)  The Adjutant General may prescribe by rule any condition with which a direct-support organization organized under this section must comply in order to use property, facilities, or personal services of the Department of Military Affairs.

(c)  The Adjutant General may not permit the use of property, facilities, or personal services of the Department of Military Affairs by any direct-support organization organized under this section that does not provide equal employment opportunities to all persons regardless of race, color, national origin, sex, age, or religion.

(4)  ACTIVITIES; RESTRICTIONS.--Any transaction or agreement between the direct-support organization organized pursuant to this section and another direct-support organization or center of technology innovation designated under s. 240.3335 must be approved by the Adjutant General.

(5)  ANNUAL BUDGETS AND REPORTS.--The direct-support organization shall submit to the Adjutant General its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).

(6)  ANNUAL AUDIT.--The direct-support organization shall make provisions 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 Adjutant General. The annual audit report shall be submitted to the Auditor General and the Adjutant General. The Adjutant General and the Auditor General may require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization.

History.--s. 1, ch. 2000-258.