Senate Bill sb0058c2

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    Florida Senate - 2003                      CS for CS for SB 58

    By the Committees on Children and Families; Governmental
    Oversight and Productivity; and Senator Wise




    300-1821A-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         providing for incorporation of the organization

  9         and the appointment of the board; requiring

10         funds to be used for the enhancement of

11         department programs and projects; authorizing

12         certain use of state property and facilities;

13         requiring an annual audit; amending ss. 20.19

14         and 20.41, F.S.; authorizing designation of

15         employees to solicit funds; creating s.

16         430.065, F.S.; providing for direct-support

17         organizations for the benefit of the Department

18         of Elderly Affairs; providing purposes and

19         objectives; providing for incorporation of the

20         organization and the appointment of the board;

21         requiring funds to be used for the enhancement

22         of department programs and projects;

23         authorizing certain use of state property and

24         facilities; requiring an annual audit;

25         providing an effective date.

26

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

28

29         Section 1.  Section 20.193, Florida Statutes, is

30  created to read:

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    Florida Senate - 2003                      CS for CS for SB 58
    300-1821A-03




  1         20.193  Department of Children and Family Services

  2  direct-support organization.--

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

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

  5  under chapter 617 and organized and operated to conduct

  6  programs and activities; initiate developmental projects;

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

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

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

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

11  the direct or indirect benefit of the Department of Children

12  and Family Services or individual programs or projects of the

13  department.

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

15  incorporate a direct-support organization pursuant to the

16  requirements of this section and chapter 617 to accomplish the

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

18  secretary shall appoint a board of directors that includes no

19  more than five members, at least two of whom must be members

20  of the business community with financial management experience

21  and with no direct association with the department. The

22  articles of incorporation must state that the corporation is

23  subject to the requirements of s. 24, Art. I of the State

24  Constitution, chapter 119, and s. 286.011 and that, upon

25  dissolution, all properties of the corporation revert to the

26  state. The direct-support organization shall maintain

27  donations and direct service expenditures in a bank account

28  outside of the State Treasury. Any administrative costs of

29  running and promoting the purposes of the corporation shall be

30  paid for by private funds or state appropriations to the

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    Florida Senate - 2003                      CS for CS for SB 58
    300-1821A-03




  1  extent the receipt of federal funding by the department is not

  2  jeopardized.

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

  4  organization must be consistent with the priority issues and

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

  6  of the state.

  7         (4)  Funds designated for the direct-support

  8  organization shall be used for the enhancement of programs and

  9  projects of the department.

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

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

12  direct-support organization subject to the provisions of this

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

14  approved purpose of the direct-support organization.

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

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

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

18  Florida Statutes, to read:

19         20.19  Department of Children and Family

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

21  Family Services.

22         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

24  department to solicit donations from public or private sources

25  pursuant to s. 20.193.

26         Section 3.  Section 430.065, Florida Statutes, is

27  created to read:

28         430.065  Department of Elderly Affairs direct-support

29  organization.--

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

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

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    Florida Senate - 2003                      CS for CS for SB 58
    300-1821A-03




  1  under chapter 617 and organized and operated to conduct

  2  programs and activities; initiate developmental projects;

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

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

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

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

  7  the direct or indirect benefit of the Department of Elderly

  8  Affairs or individual programs or projects of the 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 a board of directors that includes no

14  more than five members, at least two of whom must be members

15  of the business community with financial management experience

16  and with no direct association with the department. The

17  articles of incorporation must state that the corporation is

18  subject to the requirements of s. 24, Art. I of the State

19  Constitution, chapter 119, and s. 286.011 and that, upon

20  dissolution, all properties of the corporation revert to the

21  state.  The direct-support organization shall maintain

22  donations and direct service expenditures in a bank account

23  outside of the State Treasury. Any administrative costs of

24  running and promoting the purposes of the corporation shall be

25  paid for by private funds or state appropriations to the

26  extent the receipt of federal funding by the department is not

27  jeopardized.

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

29  organization must be consistent with the priority issues and

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

31  of the state.

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    Florida Senate - 2003                      CS for CS for SB 58
    300-1821A-03




  1         (4)  Funds designated for the direct-support

  2  organization shall be used for the enhancement of programs and

  3  projects of the department.

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

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

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

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

  8  approved purpose of the direct-support organization.

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

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

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

12  Florida Statutes, to read:

13         20.41  Department of Elderly Affairs.--There is created

14  a Department of Elderly Affairs.

15         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT

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

17  department to solicit donations from public or private sources

18  pursuant to s. 430.065.

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

20  law.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                             CS/SB 58

24

25  Limits the board of directors to no more than five members and
    specifies that at least two must be members of the business
26  community with financial management experience and have no
    direct association with the department.
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