| 1 | A bill to be entitled |
| 2 | An act relating to judicial circuit direct-support |
| 3 | organizations; providing a definition; providing for a |
| 4 | direct-support organization in a judicial circuit; |
| 5 | providing for organization and operation of the |
| 6 | organization for certain purposes; providing for approval |
| 7 | of the organization by the state attorney of a judicial |
| 8 | circuit; providing for a board of directors; providing for |
| 9 | appointment of a president of the board; providing for |
| 10 | appointment of board members; authorizing a state |
| 11 | attorney's office of a judicial circuit to permit certain |
| 12 | uses of certain property and facilities of the office by |
| 13 | the direct-support organization for certain purposes; |
| 14 | providing limitations; authorizing a state attorney to |
| 15 | adopt certain rules; requiring the direct-support |
| 16 | organization to submit certain information to the state |
| 17 | attorney's office of a judicial circuit; requiring the |
| 18 | organization to provide for an annual financial audit; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Direct-support organization; definition; board |
| 24 | of directors; use of property; budgets and reports; audit.-- |
| 25 | (1) DEFINITION.--For the purpose of this section, the term |
| 26 | "direct-support organization" means an organization: |
| 27 | (a) Which is a corporation not for profit that is |
| 28 | incorporated under the provisions of chapter 617, Florida |
| 29 | Statutes, exempted from filing fees, and approved by the |
| 30 | Department of State. |
| 31 | (b) Established, organized, and operated in a judicial |
| 32 | circuit to benefit victims of crime and conduct crime prevention |
| 33 | activities; raise funds; request and receive grants, gifts, and |
| 34 | bequests of moneys; acquire, receive, hold, invest, and |
| 35 | administer, in its own name, securities, funds, objects of |
| 36 | value, or other property, real or personal; and make |
| 37 | expenditures to or for the direct or indirect benefit of |
| 38 | victims. |
| 39 | (c) Determined by the state attorney's office of the |
| 40 | judicial circuit to be consistent with the priority issues and |
| 41 | objectives of such state attorney's office and in the best |
| 42 | interest of the state. |
| 43 | (d) Approved in writing by the state attorney of the |
| 44 | judicial circuit to operate for the purposes specified in |
| 45 | paragraph (b). Such approval shall be in a letter of agreement |
| 46 | from the state attorney of the judicial circuit. |
| 47 | (2) BOARD OF DIRECTORS.--The organization shall be |
| 48 | governed by a board of directors. The state attorney of the |
| 49 | judicial circuit shall appoint a president of the board. The |
| 50 | board of directors shall consist of up to 15 members appointed |
| 51 | by the president of the board. The terms of office of the |
| 52 | members shall be 3 years. Members must be residents of the state |
| 53 | and highly knowledgeable about issues relating to victims of |
| 54 | crimes and crime prevention activities. In making appointments, |
| 55 | the board must consider a potential member's background in |
| 56 | community service. The board may remove any member for cause and |
| 57 | shall fill vacancies that occur. |
| 58 | (3) USE OF PROPERTY.-- |
| 59 | (a) The state attorney of the judicial circuit may permit, |
| 60 | without charge, appropriate use of fixed property and facilities |
| 61 | by the direct-support organization subject to the provisions of |
| 62 | this section. Such use must be directly in keeping with the |
| 63 | approved purpose of the direct-support organization and may not |
| 64 | be made at times or places that would unreasonably interfere |
| 65 | with opportunities for staff, victims, and witnesses to use the |
| 66 | areas for established purposes. |
| 67 | (b) The state attorney of the judicial circuit may |
| 68 | prescribe by rule any condition with which the direct-support |
| 69 | organization organized under this section must comply in order |
| 70 | to use fixed property or facilities of the state attorney's |
| 71 | office of the judicial circuit. |
| 72 | (c) The state attorney's office of the judicial circuit |
| 73 | may not permit the use of any fixed property or facilities of |
| 74 | such office by a direct-support organization organized under |
| 75 | this section that does not provide equal membership and |
| 76 | employment opportunities to all persons regardless of race, |
| 77 | color, religion, sex, age, or national origin. |
| 78 | (4) ANNUAL BUDGETS AND REPORTS.--The direct-support |
| 79 | organization shall submit to the state attorney's office of the |
| 80 | judicial circuit its federal Internal Revenue Service |
| 81 | Application for Recognition of Exemption form (Form 1023) and |
| 82 | its federal Internal Revenue Service Return of Organization |
| 83 | Exempt from Income Tax form (Form 990). |
| 84 | (5) ANNUAL AUDIT.--The direct-support organization shall |
| 85 | provide for an annual financial audit in accordance with s. |
| 86 | 215.981, Florida Statutes. |
| 87 | Section 2. This act shall take effect July 1, 2006. |