House Bill hb1177e1

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                                          HB 1177, First Engrossed



  1                      A bill to be entitled

  2         An act relating to direct-support

  3         organizations; creating s. 20.193, F.S.;

  4         providing for direct-support organizations for

  5         the benefit of the Department of Children and

  6         Family Services; providing a definition;

  7         providing for administration of funds;

  8         providing purposes and objectives; requiring

  9         funds be used for enhancement of department

10         programs and projects; authorizing certain use

11         of state property and facilities; requiring

12         annual audit; authorizing designation of

13         employees to solicit funds; creating s.

14         430.065, F.S.; providing for direct-support

15         organizations for the benefit of the Department

16         of Elder Affairs; providing a definition;

17         providing purposes and objectives; requiring

18         funds be used for enhancement of department

19         programs and projects; authorizing certain use

20         of state property and facilities; requiring

21         annual audit; providing an effective date.

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

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25         Section 1.  Section 20.193, Florida Statutes, is

26  created to read:

27         20.193  Department of Children and Family Services

28  direct-support organization.--

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

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

31  under chapter 617 and organized and operated to conduct


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                                          HB 1177, First Engrossed



  1  programs and activities; initiate developmental projects;

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

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

  4  its own name, securities, funds, objects of value, or other

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

  6  the direct or indirect benefit of the Department of Children

  7  and Family Services or individual programs or projects of the

  8  department.

  9         (2)  A direct support organization may be organized to

10  accomplish the purposes and objectives set forth in subsection

11  (3) of this section. The direct support organization will

12  maintain donations and direct service expenditures in a bank

13  account outside of the State Treasury. Any administrative

14  costs of running and promoting the purposes of the corporation

15  will be paid for by private funds or state appropriations to

16  the extend the receipt of federal funding by the department is

17  not jeopardized.

18         (3)  The purposes and objectives of the direct-support

19  organization must be consistent with the priority issues and

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

21  of the state.

22         (4)  Funds designated for the direct-support

23  organization shall be used for the enhancement of programs and

24  projects of the department.

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

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

27  direct-support organization subject to the provisions of this

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

29  approved purpose of the direct-support organization. 

30         (6)  The direct-support organization shall provide for

31  an annual financial audit in accordance with s. 215.981. 


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                                          HB 1177, First Engrossed



  1         Section 2.  Subsection (10) is added to section 20.19,

  2  Florida Statutes, to read:

  3         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

  4  ORGANIZATIONS.--The secretary may designate employees of the

  5  department to solicit donations from public or private sources

  6  pursuant to s. 20.193.

  7         Section 3.  Section 430.065, Florida Statutes, is

  8  created to read:

  9         430.065  Department of Elder Affairs direct-support

10  organization.--

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

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

13  under chapter 617 and organized and operated to conduct

14  programs and activities; initiate developmental projects;

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

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

17  its own name, securities, funds, objects of value, or other

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

19  the direct or indirect benefit of the Department of Elder

20  Affairs or individual programs or projects of the department.

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

22  organization must be consistent with the priority issues and

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

24  of the state. 

25          (3)  Funds designated for the direct-support

26  organization shall be used for the enhancement of programs and

27  projects of the department. 

28         (4)  The department may permit, without charge, the

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

30  direct-support organization subject to the provisions of this

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                                          HB 1177, First Engrossed



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

  2  approved purpose of the direct-support organization. 

  3         (5)  The direct-support organization shall provide for

  4  an annual financial audit in accordance with s. 215.981.

  5         Section 4.  This act shall take effect upon becoming a

  6  law.

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