Senate Bill sb2248c1

    Florida Senate - 2003                           CS for SB 2248

    By the Committee on Governmental Oversight and Productivity;
    and Senators Wasserman Schultz, Bennett, Lawson, Miller, Diaz
    de la Portilla and Jones



    302-2393-03

  1                      A bill to be entitled

  2         An act relating to charitable youth

  3         organizations; creating s. 255.60, F.S.;

  4         authorizing the state and its political

  5         subdivisions to contract with charitable youth

  6         organizations for certain public service work;

  7         providing for contracts and award limit;

  8         providing limitations; providing an effective

  9         date.

10  

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

12  

13         Section 1.  Section 255.60, Florida Statutes, is

14  created to read:

15         255.60  Special contracts with charitable youth

16  organizations.--The state, or the governing body of any

17  political subdivision of the state, is authorized, but not

18  required, to contract for public service work such as highway

19  and park maintenance, notwithstanding competitive sealed bid

20  procedures required under this chapter or chapter 287, upon

21  compliance with this section.

22         (1)  The contractor or supplier must meet the following

23  conditions:

24         (a)  The contractor or supplier must be a

25  not-for-profit corporation incorporated under chapter 617 and

26  in good standing.

27         (b)  The contractor or supplier must hold exempt status

28  under section 501(a) of the Internal Revenue Code, as an

29  organization described in s. 501(c)(3) of the Internal Revenue

30  Code.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2248
    302-2393-03




 1         (c)  The corporate charter of the contractor or

 2  supplier must state that the corporation is organized as a

 3  charitable youth organization exclusively for at-risk youths

 4  enrolled in a work-study program.

 5         (d)  Administrative salaries and benefits for any such

 6  corporation shall not exceed 15 percent of gross revenues.

 7  Field supervisors shall not be considered administrative

 8  overhead.

 9         (2)  The contract, if approved by authorized agency

10  personnel of the state, or the governing body of a political

11  subdivision, as appropriate, must provide at a minimum that:

12         (a)  Labor shall be performed exclusively by at-risk

13  youth and their direct supervisors; and shall not be subject

14  to subcontracting.

15         (b)  Payment must be production-based.

16         (c)  The contract will terminate should the contractor

17  or supplier no longer qualify under subsection (1).

18         (d)  The supplier or contractor has instituted a

19  drug-free workplace program substantially in compliance with

20  the provisions of s. 287.087.

21         (e)  The contractor or supplier agrees to be subject to

22  review and audit at the discretion of the Auditor General in

23  order to ensure that the contractor or supplier has complied

24  with this section.

25         (3)  No contract under this section may exceed the

26  annual sum of $250,000.

27         (4)  Should a court find that a contract purporting to

28  have been entered into pursuant to this section does not so

29  qualify, the court may order that the contract be terminated

30  on reasonable notice to the parties. The court shall not

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2248
    302-2393-03




 1  require disgorgement of any moneys earned for goods or

 2  services actually delivered or supplied.

 3         (5)  Nothing in this section shall excuse any person

 4  from compliance with ss. 287.132-287.134.

 5         Section 2.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 2248

10                                 

11  Provides that administrative salaries and benefits may not
    exceed 15 percent of revenues. Prohibits subcontracting.
12  Requires implementation of a drug-free workplace. Permits
    Auditor General review. Clarifies that ss. 287.132 through
13  287.134, F.S., remain applicable.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.