HB 0041 2003
1	A bill to be entitled
2	An act relating to direct-support organizations;
3	creating s. 20.193, F.S.; providing for direct-support
4	organizations for the benefit of the Department of
5	Children and Family Services; providing for
6	administration of funds; providing purposes and
7	objectives; requiring funds to be used for the
8	enhancement of department programs and projects;
9	authorizing certain use of state property and
10	facilities; requiring an annual audit; amending s.
11	20.19, F.S.; authorizing designation of employees to
12	solicit funds; creating s. 430.065, F.S.; providing for
13	direct-support organizations for the benefit of the
14	Department of Elderly Affairs; providing purposes and
15	objectives; requiring funds to be used for the
16	enhancement of department programs and projects;
17	authorizing certain use of state property and
18	facilities; requiring an annual audit; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 20.193, Florida Statutes, is created
24	to read:
25	20.193 Department of Children and Family Services
26	direct-support organization.--
27	(1) As used in this section, the term "direct-support
28	organization" means a not-for-profit corporation incorporated
29	under chapter 617 and organized and operated to conduct
30	programs and activities; initiate developmental projects;
31	raise funds; request and receive grants, gifts, and bequests
32	of moneys; acquire, receive, hold, invest, and administer, in
33	its own name, securities, funds, objects of value, or other
34	property, real or personal; and make expenditures to or for
35	the direct or indirect benefit of the Department of Children
36	and Family Services or individual programs or projects of the
37	department.
38	(2) A direct-support organization may be organized to
39	accomplish the purposes and objectives set forth in subsection
40	(3). The direct-support organization shall maintain donations
41	and direct service expenditures in a bank account outside of
42	the State Treasury. Any administrative costs of running and
43	promoting the purposes of the corporation shall be paid for by
44	private funds or state appropriations to the extent the
45	receipt of federal funding by the department is not
46	jeopardized.
47	(3) The purposes and objectives of the direct-support
48	organization shall be consistent with the priority issues and
49	objectives of the department and shall be in the best interest
50	of the state.
51	(4) Funds designated for the direct-support organization
52	shall be used for the enhancement of programs and projects of
53	the department.
54	(5) The department may permit, without charge, the
55	appropriate use of property and facilities of the state by the
56	direct-support organization subject to the provisions of this
57	section. Such use must be directly in keeping with the
58	approved purpose of the direct-support organization.
59	(6) The direct-support organization shall provide for an
60	annual financial audit in accordance with s. 215.981.
61	Section 2. Subsection (10) is added to section 20.19,
62	Florida Statutes, to read:
63	20.19 Department of Children and Family Services.--There
64	is created a Department of Children and Family Services.
65	(10) SOLICITATION OF DONATIONS TO DIRECT-SUPPORT
66	ORGANIZATIONS.--The secretary may designate employees of the
67	department to solicit donations from public or private sources
68	pursuant to s. 20.193.
69	Section 3. Section 430.065, Florida Statutes, is created
70	to read:
71	430.065 Department of Elderly Affairs direct-support
72	organization.--
73	(1) As used in this section, the term "direct-support
74	organization" means a not-for-profit corporation incorporated
75	under chapter 617 and organized and operated to conduct
76	programs and activities; initiate developmental projects;
77	raise funds; request and receive grants, gifts, and bequests
78	of moneys; acquire, receive, hold, invest, and administer, in
79	its own name, securities, funds, objects of value, or other
80	property, real or personal; and make expenditures to or for
81	the direct or indirect benefit of the Department of Elderly
82	Affairs or individual programs or projects of the department.
83	(2) The purposes and objectives of the direct-support
84	organization shall be consistent with the priority issues and
85	objectives of the department and shall be in the best interest
86	of the state.
87	(3) Funds designated for the direct-support organization
88	shall be used for the enhancement of programs and projects of
89	the department.
90	(4) The department may permit, without charge, the
91	appropriate use of property and facilities of the state by the
92	direct-support organization, subject to the provisions of this
93	section. Such use must be directly in keeping with the
94	approved purpose of the direct-support organization.
95	(5) The direct-support organization shall provide for an
96	annual financial audit in accordance with s. 215.981.
97	Section 4. This act shall take effect upon becoming a
98	law.
99