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2012 Florida Statutes

Title XLVIII K-20 EDUCATION CODE
Chapter 1004 PUBLIC POSTSECONDARY EDUCATION Entire Chapter
SECTION 71
Statewide Florida College System institution direct-support organizations.
F.S. 1004.71
1004.71 Statewide Florida College System institution direct-support organizations.—
(1) DEFINITIONS.—For the purposes of this section:
(a) “Statewide Florida College System institution 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 receive, hold, invest, and administer property and to make expenditures to, or for the benefit of, the Florida College System institutions in this state.
3. An organization that the State Board of Education, after review, has certified to be operating in a manner consistent with the goals of the Florida College System institutions and in the best interest of the state.
(b) “Personal services” includes full-time or part-time personnel as well as payroll processing.
(2) BOARD OF DIRECTORS.—The chair of the State Board of Education may appoint a representative to the board of directors and the executive committee of any statewide, direct-support organization established under this section or s. 1004.70. The chair of the State Board of Education, or the chair’s designee, shall also serve on the board of directors and the executive committee of any direct-support organization established to benefit Florida College System institutions.
(3) USE OF PROPERTY.—
(a) The State Board of Education may permit the use of property, facilities, and personal services of the Department of Education by any statewide Florida College System institution direct-support organization, subject to the provisions of this section.
(b) The State Board of Education may prescribe by rule any condition with which a statewide Florida College System institution direct-support organization must comply in order to use property, facilities, or personal services of the Department of Education.
(c) The State Board of Education may not permit the use of property, facilities, or personal services of the Department of Education by any statewide Florida College System institution direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, age, or religion.
(4) RESTRICTIONS.—
(a) A statewide, direct-support organization may not use public funds to acquire, construct, maintain, or operate any facilities.
(b) Any transaction or agreement between a statewide, direct-support organization and any other direct-support organization or between a statewide, direct-support organization and a center of technology innovation designated under s. 1004.77 must be approved by the State Board of Education.
(c) A statewide Florida College System institution direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee or committee of continuous existence as defined in s. 106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the State Board of Education.
(5) ANNUAL BUDGETS AND REPORTS.—Each direct-support organization shall submit to the State Board of Education 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.—A statewide Florida College System institution direct-support organization shall provide for an annual financial audit in accordance with s. 1004.70. The identity of a donor or prospective donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor’s report.
History.—s. 220, ch. 2002-387; s. 55, ch. 2011-5.