House Bill 0505

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    Florida House of Representatives - 2000                 HB 505

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to direct-support

  3         organizations; amending s. 240.299, F.S.;

  4         prohibiting a university direct-support

  5         organization from making certain political

  6         contributions; deleting the requirement that

  7         the identity of donors to the direct-support

  8         organization be protected; amending s. 240.331,

  9         F.S.; prohibiting a community college

10         direct-support organization from making certain

11         political contributions; deleting the

12         requirement that the identity of donors to the

13         direct-support organization be protected;

14         amending s. 240.3315, F.S.; prohibiting

15         statewide community college direct-support

16         organizations from making certain political

17         contributions; deleting the requirement that

18         the identity of donors to the direct-support

19         organization be protected; providing an

20         effective date.

21

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

23

24         Section 1.  Present subsections (5) and (6) of section

25  240.299, Florida Statutes, are renumbered as subsections (6)

26  and (7), respectively, subsection (4) of said section is

27  renumbered as subsection (5) and amended, and a new subsection

28  (4) is added to said section, to read:

29         240.299  Direct-support organizations; use of property;

30  board of directors; audit; facilities.--

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    Florida House of Representatives - 2000                 HB 505

    573-142-00






  1         (4)  ACTIVITIES; RESTRICTION.--A university

  2  direct-support organization is prohibited from giving, either

  3  directly or indirectly, any gift to a political committee or

  4  committee of continuous existence as defined in s. 106.011.

  5         (5)(4)  ANNUAL AUDIT.--Each direct-support organization

  6  shall make provisions for an annual postaudit of its financial

  7  accounts to be conducted by an independent certified public

  8  accountant in accordance with rules to be promulgated by the

  9  Board of Regents.  The annual audit report shall include a

10  management letter and shall be submitted to the Auditor

11  General and the Board of Regents for review.  The Board of

12  Regents and the Auditor General shall have the authority to

13  require and receive from the organization or from its

14  independent auditor any detail or supplemental data relative

15  to the operation of the organization. The identity of donors

16  who desire to remain anonymous shall be protected, and that

17  anonymity shall be maintained in the auditor's report.  All

18  records of the organization other than the auditor's report,

19  management letter, the identity of donors, and any

20  supplemental data requested by the Board of Regents and the

21  Auditor General shall be confidential and exempt from the

22  provisions of s. 119.07(1).

23         Section 2.  Paragraph (d) is added to subsection (4) of

24  section 240.331, Florida Statutes, and subsection (6) of said

25  section is amended, to read:

26         240.331  Community college direct-support

27  organizations.--

28         (4)  ACTIVITIES; RESTRICTIONS.--

29         (d)  A community college direct-support organization is

30  prohibited from giving, either directly or indirectly, any

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    Florida House of Representatives - 2000                 HB 505

    573-142-00






  1  gift to a political committee or committee of continuous

  2  existence as defined in s. 106.011.

  3         (6)  ANNUAL AUDIT.--Each direct-support organization

  4  shall make provisions for an annual postaudit of its financial

  5  accounts to be conducted by an independent certified public

  6  accountant in accordance with rules to be promulgated by the

  7  district board of trustees. The annual audit report must be

  8  submitted to the Auditor General, the State Board of Community

  9  Colleges, and the board of trustees for review.  The board of

10  trustees and the Auditor General may require and receive from

11  the organization or from its independent auditor any detail or

12  supplemental data relative to the operation of the

13  organization.  The identity of donors who desire to remain

14  anonymous shall be protected, and that anonymity shall be

15  maintained in the auditor's report. All records of the

16  organization, other than the auditor's report, any information

17  necessary for the auditor's report, any information related to

18  the expenditure of funds, the identity of donors, and any

19  supplemental data requested by the board of trustees and the

20  Auditor General, shall be confidential and exempt from the

21  provisions of s. 119.07(1).

22         Section 3.  Paragraph (c) is added to subsection (4) of

23  section 240.3315, Florida Statutes, and subsection (6) of said

24  section is amended, to read:

25         240.3315  Statewide community college direct-support

26  organizations.--

27         (4)  RESTRICTIONS.--

28         (c)  A statewide community college direct-support

29  organization is prohibited from giving, either directly or

30  indirectly, any gift to a political committee or committee of

31  continuous existence as defined in s. 106.011.

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    Florida House of Representatives - 2000                 HB 505

    573-142-00






  1         (6)  ANNUAL AUDIT.--A statewide community college

  2  direct-support organization shall make provisions for an

  3  annual postaudit of its financial accounts to be conducted by

  4  an independent certified public accountant in accordance with

  5  rules to be adopted by the State Board of Community Colleges.

  6  The annual audit report shall be submitted to the Auditor

  7  General and the State Board of Community Colleges for review.

  8  The State Board of Community Colleges and the Auditor General

  9  shall have the authority to require and receive from the

10  organization or from its independent auditor any detail or

11  supplemental data relative to the operation of the

12  organization. The identity of a donor or prospective donor who

13  desires to remain anonymous and all information identifying

14  such donor or prospective donor are confidential and exempt

15  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

16  the State Constitution. Such anonymity shall be maintained in

17  the auditor's report.

18         Section 4.  This act shall take effect July 1, 2000.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Revises provisions relating to university, community
23    college, and statewide community college direct-support
      organizations to prohibit such direct-support
24    organizations from making certain political contributions
      and to remove a provision requiring the identity of
25    certain donors to be protected.

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