CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Hart offered the following:

12

13         Amendment (with title amendment) 

14         On page 4, line 2,

15

16  insert:

17         Section 1.  Section 250.115, Florida Statutes, is

18  created to read:

19         250.115  Department of Military Affairs direct-support

20  organization.--

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

22         (a)  "Direct-support organization" means an

23  organization that is:

24         1.  A Florida corporation not for profit, incorporated

25  under the provisions of chapter 617 and approved by the

26  Department of State.

27         2.  Organized and operated exclusively to raise funds;

28  request and receive grants, gifts, bequests of moneys;

29  acquire, receive, hold, invest, and administer in its own name

30  securities, funds, or property; and make expenditures to or

31  for the direct or indirect benefit of the Department of

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Military Affairs or the Florida National Guard.

 2         3.  Determined by the Department of Military Affairs to

 3  be operating in a manner consistent with the goals of the

 4  Department of Military Affairs and the Florida National Guard

 5  and in the best interest of the state. Any organization that

 6  is denied certification by the Adjutant General may not use

 7  the name of the Florida National Guard or the Department of

 8  Military Affairs in any part of its name or its publications.

 9         (b)  "Personal services" includes full-time or

10  part-time personnel as well as payroll processing.

11         (2)  BOARD OF DIRECTORS.--The organization shall be

12  governed by a board of directors. The Adjutant General, or his

13  or her designee, shall serve as president of the board. The

14  board of directors shall consist of up to 15 members appointed

15  by the Adjutant General. Up to 15 additional members shall be

16  appointed by the board of directors. The terms of office of

17  the members shall be 3 years. Members must be residents of the

18  state and highly knowledgeable about the United States

19  military, its service personnel, and its missions. In making

20  appointments, the board must consider a potential member's

21  background in community service. The Adjutant General may

22  remove any member for cause and shall fill vacancies that

23  occur.

24         (3)  USE OF PROPERTY.--

25         (a)  The Adjutant General is authorized to permit the

26  use of property, facilities, and personal services of the

27  Department of Military Affairs by the direct-support

28  organization, subject to the provisions of this section.

29         (b)  The Adjutant General may prescribe by rule any

30  condition with which a direct-support organization organized

31  under this section must comply in order to use property,

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  facilities, or personal services of the Department of Military

 2  Affairs.

 3         (c)  The Adjutant General may not permit the use of

 4  property, facilities, or personal services of the Department

 5  of Military Affairs by any direct-support organization

 6  organized under this section that does not provide equal

 7  employment opportunities to all persons regardless of race,

 8  color, national origin, sex, age, or religion.

 9         (4)  ACTIVITIES; RESTRICTIONS.--Any transaction or

10  agreement between the direct-support organization organized

11  pursuant to this section and another direct-support

12  organization or center of technology innovation designated

13  under s. 240.3335 must be approved by the Adjutant General.

14         (5)  ANNUAL BUDGETS AND REPORTS.--The direct-support

15  organization shall submit to the Adjutant General its federal

16  Internal Revenue Service Application for Recognition of

17  Exemption form (Form 1023) and its federal Internal Revenue

18  Service Return of Organization Exempt from Income Tax form

19  (Form 990).

20         (6)  ANNUAL AUDIT.--The direct-support organization

21  shall make provisions for an annual postaudit of its financial

22  accounts to be conducted by an independent certified public

23  accountant in accordance with rules to be promulgated by the

24  Adjutant General. The annual audit report shall be submitted

25  to the Auditor General and the Adjutant General. The Adjutant

26  General and the Auditor General may require and receive from

27  the organization or its independent auditor any detail or

28  supplemental data relative to the operation of the

29  organization.

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 2, after the semicolon

 4

 5  insert:

 6         creating s. 250.115, F.S.; providing for the

 7         organization and operation of a direct-support

 8         organization for the Department of Military

 9         Affairs and the Florida National Guard;

10         providing definitions; providing for a board of

11         directors; providing for the use of property,

12         facilities, and personal services of the

13         Department of Military Affairs by the

14         direct-support organization; providing

15         restrictions; providing for submission of

16         annual budgets and reports;

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