House Bill 1861

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    Florida House of Representatives - 2000                HB 1861

        By Representatives Hart, Feeney, Fiorentino, J. Miller,
    Lynn, Waters, Fasano, K. Smith, Detert, Cosgrove, Bitner,
    Arnall, Harrington, Johnson, Murman, Stansel, Bilirakis,
    Ritchie, Henriquez, Melvin, C. Green and Wiles



  1                      A bill to be entitled

  2         An act relating to military affairs; creating

  3         s. 250.115, F.S.; providing for the

  4         organization and operation of a direct-support

  5         organization for the Department of Military

  6         Affairs and the Florida National Guard;

  7         providing definitions; providing for a board of

  8         directors; providing for the use of property,

  9         facilities, and personal services of the

10         Department of Military Affairs by the

11         direct-support organization; providing

12         restrictions; providing for submission of

13         annual budgets and reports; providing for

14         annual audit; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 250.115, Florida Statutes, is

19  created to read:

20         250.115  Department of Military Affairs direct-support

21  organization.--

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

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

24  organization that is:

25         1.  A Florida corporation not for profit, incorporated

26  under the provisions of chapter 617 and approved by the

27  Department of State.

28         2.  Organized and operated exclusively to raise funds;

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

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

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

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    Florida House of Representatives - 2000                HB 1861

    726-115-00






  1  for the direct or indirect benefit of the Department of

  2  Military Affairs or the Florida National Guard.

  3         3.  Determined by the Department of Military Affairs to

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

  5  Department of Military Affairs and the Florida National Guard

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

  7  is denied certification by the Adjutant General may not use

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

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

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

11  part-time personnel as well as payroll processing.

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

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

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

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

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

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

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

19  state and highly knowledgeable about the United States

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

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

22  background in community service. The Adjutant General may

23  remove any member for cause and shall fill vacancies that

24  occur.

25         (3)  USE OF PROPERTY.--

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

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

28  Department of Military Affairs by the direct-support

29  organization, subject to the provisions of this section.

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

31  condition with which a direct-support organization organized

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

  2  facilities, or personal services of the Department of Military

  3  Affairs.

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

  5  property, facilities, or personal services of the Department

  6  of Military Affairs by any direct-support organization

  7  organized under this section that does not provide equal

  8  employment opportunities to all persons regardless of race,

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

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

11  agreement between the direct-support organization organized

12  pursuant to this section and another direct-support

13  organization or center of technology innovation designated

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

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

16  organization shall submit to the Adjutant General its federal

17  Internal Revenue Service Application for Recognition of

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

19  Service Return of Organization Exempt from Income Tax form

20  (Form 990).

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

22  shall make provisions for an annual postaudit of its financial

23  accounts to be conducted by an independent certified public

24  accountant in accordance with rules to be promulgated by the

25  Adjutant General. The annual audit report shall be submitted

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

27  General and the Auditor General may require and receive from

28  the organization or its independent auditor any detail or

29  supplemental data relative to the operation of the

30  organization.

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    Florida House of Representatives - 2000                HB 1861

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  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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  5                          HOUSE SUMMARY

  6
      Provides for the organization and operation of a
  7    direct-support organization for the Department of
      Military Affairs and the Florida National Guard. Provides
  8    for a board of directors. Provides for the use of
      property, facilities, and personal services of the
  9    Department of Military Affairs by the direct-support
      organization. Provides restrictions. Provides for
10    submission of annual budgets and reports. Provides for
      annual audit.
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