Senate Bill sb0058

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    Florida Senate - 2003                                    SB 58

    By Senator Wise





    5-43A-03

  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 for administration

  7         of funds; providing purposes and objectives;

  8         requiring funds to be used for the enhancement

  9         of department programs and projects;

10         authorizing certain use of state property and

11         facilities; requiring an annual audit; amending

12         s. 20.19, F.S.; 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 Elderly Affairs; providing purposes and

17         objectives; requiring funds to be used for the

18         enhancement of department programs and

19         projects; authorizing certain use of state

20         property and facilities; requiring an annual

21         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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    Florida Senate - 2003                                    SB 58
    5-43A-03




 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 extent 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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    Florida Senate - 2003                                    SB 58
    5-43A-03




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

 2  Florida Statutes, to read:

 3         20.19  Department of Children and Family

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

 5  Family Services.

 6         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

 8  department to solicit donations from public or private sources

 9  pursuant to s. 20.193.

10         Section 3.  Section 430.065, Florida Statutes, is

11  created to read:

12         430.065  Department of Elderly Affairs direct-support

13  organization.--

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

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

16  under chapter 617 and organized and operated to conduct

17  programs and activities; initiate developmental projects;

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

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

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

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

22  the direct or indirect benefit of the Department of Elderly

23  Affairs or individual programs or projects of the department.

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

25  organization must be consistent with the priority issues and

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

27  of the state.

28         (3)  Funds designated for the direct-support

29  organization shall be used for the enhancement of programs and

30  projects of the department.

31  

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    Florida Senate - 2003                                    SB 58
    5-43A-03




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

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

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

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

 5  approved purpose of the direct-support organization. 

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

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

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

 9  law.

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12                          SENATE SUMMARY

13    Creates nonprofit, direct-support organizations for the
      benefit of the Department of Children and Family Services
14    and the Department of Elderly Affairs. Provides for the
      purposes and objectives of the organizations. Authorizes
15    the solicitation of funds by designated employees.

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