House Bill hb1177

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    Florida House of Representatives - 2002                HB 1177

        By Representative Gottlieb






  1                      A bill to be entitled

  2         An act relating to direct-support

  3         organizations; creating ss. 20.193 and 430.065,

  4         F.S.; providing for direct-support

  5         organizations for the benefit of the Department

  6         of Children and Family Services and the

  7         Department of Elderly Affairs, respectively;

  8         providing a definition; providing purposes and

  9         objectives; authorizing certain use of state

10         property and facilities; requiring annual

11         audit; providing an effective date.

12

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

14

15         Section 1.  Section 20.193, Florida Statutes, is

16  created to read:

17         20.193  Department of Children and Family Services

18  direct-support organization.--

19         (1)  As used in this section, the term "direct-support

20  organization" means a not-for-profit corporation incorporated

21  under chapter 617 and organized and operated to conduct

22  programs and activities; initiate developmental projects;

23  raise funds; request and receive grants, gifts, and bequests

24  of moneys; acquire, receive, hold, invest, and administer, in

25  its own name, securities, funds, objectives of value, or other

26  property, real or personal; and make expenditures to or for

27  the direct or indirect benefit of the Department of Children

28  and Family Services or individual programs or projects of the

29  department.

30         (2)  The purposes and objectives of the direct-support

31  organization must be consistent with the priority issues and

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    Florida House of Representatives - 2002                HB 1177

    592-140-02






  1  objectives of the department and must be in the best interest

  2  of the state.

  3         (3)  The department may permit, without charge, the

  4  appropriate use of property and facilities of the state by the

  5  direct-support organization subject to the provisions of this

  6  section. Such use must be directly in keeping with the

  7  approved purpose of the direct-support organization.

  8         (4)  The direct-support organization shall provide for

  9  an annual postaudit of its financial accounts to be conducted

10  by an independent certified public accountant. The annual

11  audit report shall include a management letter and shall be

12  submitted to the Auditor General and the department for

13  review. The department and the Auditor General have the

14  authority to require and receive from the organization or from

15  its independent auditor any detail or supplemental data

16  relative to the operation of the organization.

17         Section 2.  Section 430.065, Florida Statutes, is

18  created to read:

19         430.065  Department of Elderly Affairs direct-support

20  organization.--

21         (1)  As used in this section, the term "direct-support

22  organization" means a not-for-profit corporation incorporated

23  under chapter 617 and organized and operated to conduct

24  programs and activities; initiate developmental projects;

25  raise funds; request and receive grants, gifts, and bequests

26  of moneys; acquire, receive, hold, invest, and administer, in

27  its own name, securities, funds, objectives of value, or other

28  property, real or personal; and make expenditures to or for

29  the direct or indirect benefit of the Department of Elderly

30  Affairs or individual programs or projects of the department.

31

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    Florida House of Representatives - 2002                HB 1177

    592-140-02






  1         (2)  The purposes and objectives of the direct-support

  2  organization must be consistent with the priority issues and

  3  objectives of the department and must be in the best interest

  4  of the state.

  5         (3)  The department may permit, without charge, the

  6  appropriate use of property and facilities of the state by the

  7  direct-support organization subject to the provisions of this

  8  section. Such use must be directly in keeping with the

  9  approved purpose of the direct-support organization.

10         (4)  The direct-support organization shall provide for

11  an annual postaudit of its financial accounts to be conducted

12  by an independent certified public accountant. The annual

13  audit report shall include a management letter and shall be

14  submitted to the Auditor General and the department for

15  review. The department and the Auditor General have the

16  authority to require and receive from the organization or from

17  its independent auditor any detail or supplemental data

18  relative to the operation of the organization.

19         Section 3.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Provides for nonprofit direct-support organizations for
25    the Department of Children and Family Services and the
      Department of Elderly Affairs, respectively. Provides a
26    definition. Provides purposes and objectives. Authorizes
      certain use of state property and facilities by the
27    direct-support organizations. Requires annual audits by
      an independent certified public accountant.
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29

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