Senate Bill 0890er

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  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 unless approved by board vote;

  7         amending s. 240.331, F.S.; prohibiting a

  8         community college direct-support organization

  9         from making certain political contributions

10         unless approved by board vote; amending s.

11         240.3315, F.S.; prohibiting statewide community

12         college direct-support organizations from

13         making certain political contributions unless

14         approved by board vote; providing an effective

15         date.

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

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19         Section 1.  Section 240.299, Florida Statutes, is

20  amended to read:

21         240.299  Direct-support organizations; use of property;

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

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

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

25  organization which is:

26         1.  A Florida corporation not for profit incorporated

27  under the provisions of chapter 617 and approved by the

28  Department of State;

29         2.  Organized and operated exclusively to receive,

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

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


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

  2  development authority affiliated with a state university and

  3  organized under part V of chapter 159; and

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

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

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

  7  the state. Any organization which is denied certification by

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

  9  which it serves.

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

11  part-time personnel as well as payroll processing.

12         (2)  USE OF PROPERTY.--

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

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

15  state university by any university direct-support

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

17  direct-support organizations may establish accounts with the

18  State Board of Administration for investment of funds pursuant

19  to part IV of chapter 218.

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

21  conditions with which a university direct-support organization

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

23  services at any state university.  Such rules shall provide

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

25  Regents.

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

27  property, facilities, or personal services at any state

28  university by any university direct-support organization which

29  does not provide equal employment opportunities to all persons

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

31  origin.


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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 for

14  any purpose other than those certified by a majority roll call

15  vote of the governing board of the direct support organization

16  at a regularly scheduled meeting as being directly related to

17  the educational mission of the university.

18         (5)(4)  ANNUAL AUDIT.--Each direct-support organization

19  shall make provisions for an annual postaudit of its financial

20  accounts to be conducted by an independent certified public

21  accountant in accordance with rules to be promulgated by the

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

23  management letter and shall be submitted to the Auditor

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

25  Regents and the Auditor General shall have the authority to

26  require and receive from the organization or from its

27  independent auditor any detail or supplemental data relative

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

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

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

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


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  1  management letter, and any supplemental data requested by the

  2  Board of Regents and the Auditor General shall be confidential

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

  4         (6)(5)  FACILITIES.--In addition to issuance of

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

  6  organization is authorized to enter into agreements to

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

  8  purchase, or operate facilities necessary and desirable to

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

10  by the systemwide strategic plan adopted by the Board of

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

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

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

14         (7)(6)  ANNUAL BUDGETS AND REPORTS.--Each

15  direct-support organization shall submit to the university

16  president and the Board of Regents its federal Internal

17  Revenue Service Application for Recognition of Exemption form

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

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

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

21  section 240.331, Florida Statutes, to read:

22         240.331  Community college direct-support

23  organizations.--

24         (4)  ACTIVITIES; RESTRICTIONS.--

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

26  prohibited from giving, either directly or indirectly, any

27  gift to a political committee or committee of continuous

28  existence as defined in s. 106.011 for any purpose other than

29  those certified by a majority roll call vote of the governing

30  board of the direct support organization at a regularly

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  1  scheduled meeting as being directly related to the educational

  2  mission of the community college.

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

  4  section 240.3315, Florida Statutes, to read:

  5         240.3315  Statewide community college direct-support

  6  organizations.--

  7         (4)  RESTRICTIONS.--

  8         (c)  A statewide community college direct-support

  9  organization is prohibited from giving, either directly or

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

11  continuous existence as defined in s. 106.011 for any purpose

12  other than those certified by a majority roll call vote of the

13  governing board of the direct support organization at a

14  regularly scheduled meeting as being directly related to the

15  educational mission of the State Board of Community Colleges.

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

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