Senate Bill sb0058c1

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    Florida Senate - 2003                             CS for SB 58

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    302-711-03

  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         ss. 20.19 and 20.41, F.S.; authorizing

13         designation of employees to solicit funds;

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

15         direct-support organizations for the benefit of

16         the Department of Elderly Affairs; providing

17         purposes and objectives; requiring funds to be

18         used for the enhancement of department programs

19         and projects; authorizing certain use of state

20         property and facilities; requiring an annual

21         audit; providing an effective date.

22  

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

24  

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                             CS for SB 58
    302-711-03




 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)  The secretary of the department may organize and

10  incorporate a direct-support organization pursuant to the

11  requirements of this section and chapter 617 to accomplish the

12  purposes and objectives set forth in subsection (3). The

13  secretary shall appoint the members of the board of the

14  direct-support organization. The articles of incorporation

15  must state that the corporation is subject to the requirements

16  of s. 24, Art. I of the State Constitution, chapter 119, and

17  s. 286.011 and that, upon dissolution, all properties of the

18  corporation revert to the state. The direct-support

19  organization shall maintain donations and direct service

20  expenditures in a bank account outside of the State Treasury.

21  Any administrative costs of running and promoting the purposes

22  of the corporation shall be paid for by private funds or state

23  appropriations to the extent the receipt of federal funding by

24  the department is not jeopardized.

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

26  organization must be consistent with the priority issues and

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

28  of the state.

29         (4)  Funds designated for the direct-support

30  organization shall be used for the enhancement of programs and

31  projects of the department.

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    Florida Senate - 2003                             CS for SB 58
    302-711-03




 1         (5)  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         (6)  The direct-support organization shall provide for

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

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

 9  Florida Statutes, to read:

10         20.19  Department of Children and Family

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

12  Family Services.

13         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

15  department to solicit donations from public or private sources

16  pursuant to s. 20.193.

17         Section 3.  Section 430.065, Florida Statutes, is

18  created to read:

19         430.065  Department of Elderly Affairs direct-support

20  organization.--

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

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

23  under chapter 617 and organized and operated to conduct

24  programs and activities; initiate developmental projects;

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

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

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

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

29  the direct or indirect benefit of the Department of Elderly

30  Affairs or individual programs or projects of the department.

31  

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    Florida Senate - 2003                             CS for SB 58
    302-711-03




 1         (2)  The secretary of the department may organize and

 2  incorporate a direct-support organization pursuant to the

 3  requirements of this section and chapter 617 to accomplish the

 4  purposes and objectives set forth in subsection (3). The

 5  secretary shall appoint the members of the board of the

 6  direct-support organization. The articles of incorporation

 7  must state that the corporation is subject to the requirements

 8  of s. 24, Art. I of the State Constitution, chapter 119, and

 9  s. 286.011 and that, upon dissolution, all properties of the

10  corporation revert to the state.  The direct-support

11  organization shall maintain donations and direct service

12  expenditures in a bank account outside of the State Treasury.

13  Any administrative costs of running and promoting the purposes

14  of the corporation shall be paid for by private funds or state

15  appropriations to the extent the receipt of federal funding by

16  the department is not jeopardized.

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

18  organization must be consistent with the priority issues and

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

20  of the state.

21         (4)  Funds designated for the direct-support

22  organization shall be used for the enhancement of programs and

23  projects of the department.

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

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

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

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

28  approved purpose of the direct-support organization.

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

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

31  

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    Florida Senate - 2003                             CS for SB 58
    302-711-03




 1         Section 4.  Subsection (10) is added to section 20.41,

 2  Florida Statutes, to read:

 3         20.41  Department of Elderly Affairs.--There is created

 4  a Department of Elderly Affairs.

 5         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

 7  department to solicit donations from public or private sources

 8  pursuant to s. 430.065.

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

10  law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                              SB 58

14                                 

15  Specifies that the department secretary is authorized to
    incorporate the direct-support organization.
16  
    Specifies that the secretary of the department is authorized
17  to appoint members of the corporate board.

18  Provides that all corporate assets revert to the state upon
    dissolution of the corporation.
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