House Bill 0505c1

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    Florida House of Representatives - 2000              CS/HB 505

        By the Committee on Colleges & Universities and
    Representatives Betancourt, Rojas, Chestnut, Flanagan, Waters
    and J. Miller




  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; amending s. 240.331, F.S.;

  7         prohibiting a community college direct-support

  8         organization from making certain political

  9         contributions; amending s. 240.3315, F.S.;

10         prohibiting a statewide community college

11         direct-support organization from making certain

12         political contributions; providing an effective

13         date.

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

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17         Section 1.  Section 240.299, Florida Statutes, is

18  amended to read:

19         240.299  Direct-support organizations; use of property;

20  board of directors; activities; audit; facilities.--

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

22         (a)  "University direct-support organization" means an

23  organization which 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 receive,

28  hold, invest, and administer property and to make expenditures

29  to or for the benefit of a state university in Florida or for

30  the benefit of a research and development park or research and

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    Florida House of Representatives - 2000              CS/HB 505

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  1  development authority affiliated with a state university and

  2  organized under part V of chapter 159; and

  3         3.  An organization which the Board of Regents, after

  4  review, has certified to be operating in a manner consistent

  5  with the goals of the university and in the best interest of

  6  the state. Any organization which is denied certification by

  7  the Board of Regents shall not use the name of the university

  8  which it serves.

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

10  part-time personnel as well as payroll processing.

11         (2)  USE OF PROPERTY.--

12         (a)  The Board of Regents is authorized to permit the

13  use of property, facilities, and personal services at any

14  state university by any university direct-support

15  organization, and, subject to the provisions of this section,

16  direct-support organizations may establish accounts with the

17  State Board of Administration for investment of funds pursuant

18  to part IV of chapter 218.

19         (b)  The Board of Regents shall prescribe by rule

20  conditions with which a university direct-support organization

21  must comply in order to use property, facilities, or personal

22  services at any state university.  Such rules shall provide

23  for budget and audit review and oversight by the Board of

24  Regents.

25         (c)  The Board of Regents shall not permit the use of

26  property, facilities, or personal services at any state

27  university by any university direct-support organization which

28  does not provide equal employment opportunities to all persons

29  regardless of race, color, religion, sex, age, or national

30  origin.

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    Florida House of Representatives - 2000              CS/HB 505

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  1         (3)  BOARD OF DIRECTORS.--The chair of the Board of

  2  Regents may appoint a representative to the board of directors

  3  and the executive committee of any direct-support organization

  4  established under this section. The president of the

  5  university for which the direct-support organization is

  6  established, or his or her designee, shall also serve on the

  7  board of directors and the executive committee of any

  8  direct-support organization established to benefit that

  9  university.

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

11  direct-support organization is prohibited from giving, either

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

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

14         (5)(4)  ANNUAL AUDIT.--Each direct-support organization

15  shall make provisions for an annual postaudit of its financial

16  accounts to be conducted by an independent certified public

17  accountant in accordance with rules to be promulgated by the

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

19  management letter and shall be submitted to the Auditor

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

21  Regents and the Auditor General shall have the authority to

22  require and receive from the organization or from its

23  independent auditor any detail or supplemental data relative

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

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

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

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

28  management letter, and any supplemental data requested by the

29  Board of Regents and the Auditor General shall be confidential

30  and exempt from the provisions of s. 119.07(1).

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    Florida House of Representatives - 2000              CS/HB 505

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  1         (6)(5)  FACILITIES.--In addition to issuance of

  2  indebtedness pursuant to s. 240.2093(2), each direct-support

  3  organization is authorized to enter into agreements to

  4  finance, design and construct, lease, lease-purchase,

  5  purchase, or operate facilities necessary and desirable to

  6  serve the needs and purposes of the university, as determined

  7  by the systemwide strategic plan adopted by the Board of

  8  Regents, upon approval of such agreements by the Board of

  9  Regents and approval of the project by the Legislature. Such

10  agreements are subject to the provisions of s. 243.151.

11         (7)(6)  ANNUAL BUDGETS AND REPORTS.--Each

12  direct-support organization shall submit to the university

13  president and the Board of Regents its federal Internal

14  Revenue Service Application for Recognition of Exemption form

15  (Form 1023) and its federal Internal Revenue Service Return of

16  Organization Exempt from Income Tax form (Form 990).

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

18  section 240.331, Florida Statutes, to read:

19         240.331  Community college direct-support

20  organizations.--

21         (4)  ACTIVITIES; RESTRICTIONS.--

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

23  prohibited from giving, either directly or indirectly, any

24  gift to a political committee or committee of continuous

25  existence as defined in s. 106.011.

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

27  section 240.3315, Florida Statutes, to read:

28         240.3315  Statewide community college direct-support

29  organizations.--

30         (4)  RESTRICTIONS.--

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    Florida House of Representatives - 2000              CS/HB 505

    184-289-00






  1         (c)  A statewide community college direct-support

  2  organization is prohibited from giving, either directly or

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

  4  continuous existence as defined in s. 106.011.

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

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