| 1 | A bill to be entitled |
| 2 | An act relating to the guardian ad litem direct-support |
| 3 | organization; creating s. 39.8298, F.S.; providing for the |
| 4 | organization and operation of a direct-support |
| 5 | organization for the Statewide Guardian Ad Litem Office; |
| 6 | providing definitions; providing for a contract; providing |
| 7 | for a board of directors; providing for the use of |
| 8 | property, facilities, and personal services of the |
| 9 | Statewide Guardian Ad Litem Office by the direct-support |
| 10 | organization; providing restrictions; providing for the |
| 11 | deposit of moneys and for an annual audit; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 39.8298, Florida Statutes, is created |
| 17 | to read: |
| 18 | 39.8298 Guardian ad litem direct-support organization.-- |
| 19 | (1) DEFINITIONS.--For the purposes of this section, the |
| 20 | term: |
| 21 | (a) "Direct-support organization" means an organization |
| 22 | that is: |
| 23 | 1. A Florida corporation not for profit, incorporated |
| 24 | under the provisions of chapter 617 and approved by the |
| 25 | Department of State. |
| 26 | 2. Organized and operated to conduct programs and |
| 27 | activities; raise funds; request and receive grants, gifts, and |
| 28 | bequests of moneys; acquire, receive, hold, invest, and |
| 29 | administer, in its own name, securities, funds, objects of |
| 30 | value, or other property, real or personal; and make |
| 31 | expenditures to or for the direct or indirect benefit of the |
| 32 | Statewide Guardian Ad Litem Office. |
| 33 | 3. Determined by the Statewide Guardian Ad Litem Office to |
| 34 | be operating in a manner consistent with the goals and purposes |
| 35 | of the office and in the best interest of the state. |
| 36 | (b) "Personal services" includes full-time and part-time |
| 37 | personnel as well as payroll processing. |
| 38 | (2) CONTRACT.--The direct-support organization shall |
| 39 | operate under written contract with the Statewide Guardian Ad |
| 40 | Litem Office. The written contract must provide for: |
| 41 | (a) Approval of the articles of incorporation and bylaws |
| 42 | of the direct-support organization by the executive director of |
| 43 | the Statewide Guardian Ad Litem Office. |
| 44 | (b) Submission of an annual budget for the approval of the |
| 45 | executive director of the Statewide Guardian Ad Litem Office. |
| 46 | (c) Certification by the executive director of the |
| 47 | Statewide Guardian Ad Litem Office that the direct-support |
| 48 | organization is complying with the terms of the contract in a |
| 49 | manner consistent with the goals and purposes of the Statewide |
| 50 | Guardian Ad Litem Office and is acting in the best interest of |
| 51 | the state. |
| 52 | (d) The reversion to the Statewide Guardian Ad Litem |
| 53 | Office of moneys and property held in trust by the direct- |
| 54 | support organization if the direct-support organization ceases |
| 55 | to exist or if the contract is terminated. |
| 56 | (e) The fiscal year of the direct-support organization, |
| 57 | which must begin July 1 of each year and end June 30 of the |
| 58 | following year. |
| 59 | (f) The disclosure of material provisions of the contract |
| 60 | and the distinction between the Statewide Guardian Ad Litem |
| 61 | Office and the direct-support organization to donors of gifts, |
| 62 | contributions, or bequests, as well as on all promotional and |
| 63 | fundraising publications. |
| 64 | (3) BOARD OF DIRECTORS.--The executive director of the |
| 65 | Statewide Guardian Ad Litem Office shall appoint a board of |
| 66 | directors for the direct-support organization. The executive |
| 67 | director may designate one individual from the Statewide |
| 68 | Guardian Ad Litem Office to serve on the board of directors. |
| 69 | (4) USE OF PROPERTY.--The executive director of the |
| 70 | Statewide Guardian Ad Litem Office: |
| 71 | (a) May permit the use of property (except money), |
| 72 | facilities, and personal services of the office by the direct- |
| 73 | support organization, subject to the provisions of this section. |
| 74 | (b) May prescribe by rule conditions with which the |
| 75 | direct-support organization must comply in order to use |
| 76 | property, facilities, or personal services of the office. |
| 77 | (c) Shall not permit the use of property, facilities, or |
| 78 | personal services of the direct-support organization if the |
| 79 | organization does not provide equal employment opportunities to |
| 80 | all persons, regardless of race, color, religion, sex, age, or |
| 81 | national origin. |
| 82 | (5) MONEYS.--Moneys of the direct-support organization may |
| 83 | be held in a separate depository account in the name of the |
| 84 | direct-support organization and subject to the provisions of the |
| 85 | contract with the Statewide Guardian Ad Litem Office. |
| 86 | (6) ANNUAL AUDIT.--The direct-support organization shall |
| 87 | provide for an annual financial audit in accordance with s. |
| 88 | 215.981. |
| 89 | Section 2. This act shall take effect July 1, 2007. |