HB 0481 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to charitable youth organizations;
12	creating s. 255.60, F.S.; authorizing the state and its
13	political subdivisions to contract with charitable youth
14	organizations for certain public service work; providing
15	conditions for contracts and annual award limit; providing
16	for audit; providing limitations; providing for
17	termination of contract by the court; providing an
18	effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Section 255.60, Florida Statutes, is created to
23	read:
24	255.60 Special contracts with charitable youth
25	organizations.--The state or the governing body of any political
26	subdivision of the state is authorized but not required to
27	contract for public service work such as highway and park
28	maintenance, notwithstanding competitive sealed bid procedures
29	required under this chapter or chapter 287, upon compliance with
30	this section.
31	(1) The contractor or supplier must meet the following
32	conditions:
33	(a) The contractor or supplier must be a not-for-profit
34	corporation incorporated under chapter 617 and in good standing.
35	(b) The contractor or supplier must hold exempt status
36	under s. 501(a) of the Internal Revenue Code as an organization
37	described in s. 501(c)(3) of the Internal Revenue Code.
38	(c) The corporate charter of the contractor or supplier
39	must state that the corporation is organized as a charitable
40	youth organization exclusively for at-risk youths enrolled in a
41	work-study program.
42	(d) Administrative salaries and benefits for any such
43	corporation shall not exceed 15 percent of gross revenues. Field
44	supervisors shall not be considered administrative overhead.
45	(2) The contract, if approved by authorized agency
46	personnel of the state or the governing body of a political
47	subdivision, as appropriate, must provide at a minimum that:
48	(a) Labor shall be performed exclusively by at-risk youth
49	and their direct supervisors and shall not be subject to
50	subcontracting.
51	(b) Payment must be production-based.
52	(c) The contract shall be terminated if the contractor or
53	supplier no longer qualifies under subsection (1).
54	(d) The contractor or supplier has instituted a drug-free
55	workplace program substantially in compliance with the
56	provisions of s. 287.087.
57	(e) The contractor or supplier agrees to be subject to
58	review and audit at the discretion of the Auditor General in
59	order to ensure that the contractor or supplier has complied
60	with this section.
61	(3) A contract under this section may not exceed the
62	annual sum of $250,000.
63	(4) If a court finds that a contract purporting to have
64	been entered into pursuant to this section does not qualify, the
65	court may order that the contract be terminated upon reasonable
66	notice to the parties. The court shall not require disgorgement
67	of any moneys earned for goods or services actually delivered or
68	supplied.
69	(5) Nothing in this section shall excuse any person from
70	compliance with ss. 287.132-287.134.
71	Section 2. This act shall take effect upon becoming a law.