Senate Bill sb1862c1

    Florida Senate - 2002                           CS for SB 1862

    By the Committee on Governmental Oversight and Productivity;
    and Senators Wise and Campbell




    302-2128-02

  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 an

12         annual audit; amending s. 20.19, F.S.;

13         authorizing designation of employees to solicit

14         funds; creating s. 430.065, F.S.; providing for

15         direct-support organizations for the benefit of

16         the Department of Elderly Affairs; providing a

17         definition; providing purposes and objectives;

18         requiring funds be used for enhancement of

19         department programs and projects; authorizing

20         certain use of state property and facilities;

21         requiring an annual audit; providing an

22         effective date.

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

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26         Section 1.  Section 20.193, Florida Statutes, is

27  created to read:

28         20.193  Department of Children and Family Services

29  direct-support organization.--

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

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

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    Florida Senate - 2002                           CS for SB 1862
    302-2128-02




  1  under chapter 617 and organized and operated to conduct

  2  programs and activities; initiate developmental projects;

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

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

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

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

  7  the direct or indirect benefit of the Department of Children

  8  and Family Services or individual programs or projects of the

  9  department.

10         (2)  A direct-support organization may be organized to

11  accomplish the purposes and objectives set forth in subsection

12  (3). The direct-support organization shall maintain donations

13  and direct-service expenditures in a bank account outside of

14  the State Treasury. Any administrative costs of running and

15  promoting the purposes of the corporation shall be paid for by

16  private funds or state appropriations to the extent the

17  receipt of federal funding by the department is not

18  jeopardized.

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

20  organization must be consistent with the priority issues and

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

22  of the state.

23         (4)  Funds designated for the direct-support

24  organization shall be used for the enhancement of programs and

25  projects of the department.

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

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

28  direct-support organization, subject to the provisions of this

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

30  approved purpose of the direct-support organization.

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    Florida Senate - 2002                           CS for SB 1862
    302-2128-02




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

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

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

  4  Florida Statutes, to read:

  5         20.19  Department of Children and Family

  6  Services.--There is created a Department of Children and

  7  Family Services.

  8         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

10  department to solicit donations from public or private sources

11  pursuant to s. 20.193.

12         Section 3.  Section 430.065, Florida Statutes, is

13  created to read:

14         430.065  Department of Elderly Affairs direct-support

15  organization.--

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

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

18  under chapter 617 and organized and operated to conduct

19  programs and activities; initiate developmental projects;

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

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

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

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

24  the direct or indirect benefit of the Department of Elderly

25  Affairs or individual programs or projects of the department.

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

27  organization must be consistent with the priority issues and

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

29  of the state.

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    Florida Senate - 2002                           CS for SB 1862
    302-2128-02




  1         (3)  Funds designated for the direct-support

  2  organization shall be used for the enhancement of programs and

  3  projects of the department.

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

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

  6  direct-support organization, subject to the provisions of this

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

  8  approved purpose of the direct-support organization.

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

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

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

12  law.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1862

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17  Requires a direct-support organization to maintain donations
    and direct service expenditures in a bank account outside of
18  the State Treasury.

19  Provides that administrative costs of running and promoting
    the purposes of the corporation must be paid from private
20  funds or state appropriations to the extent the receipt of
    federal funding by the department is not jeopardized.
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