| 1 | A bill to be entitled |
| 2 | An act relating to the Guardian Ad Litem Program; creating |
| 3 | s. 39.8298, F.S.; creating a direct-support organization |
| 4 | for the Guardian Ad Litem Program; providing for the |
| 5 | organization and operation of the organization for the |
| 6 | Statewide Guardian Ad Litem Office; providing for a |
| 7 | contract; providing for a board of directors; providing |
| 8 | for the use of property, facilities, and personal services |
| 9 | of the Statewide Guardian Ad Litem Office by the direct- |
| 10 | support organization; providing restrictions; providing |
| 11 | for the deposit of moneys; providing for an annual audit; |
| 12 | providing limits on the direct-support organization; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 39.8298, Florida Statutes, is created |
| 18 | to read: |
| 19 | 39.8298 Guardian Ad Litem direct-support organization.-- |
| 20 | (1) AUTHORITY.--The Statewide Guardian Ad Litem Office |
| 21 | created under s. 39.8296 is authorized to create a |
| 22 | direct-support organization. |
| 23 | (a) The direct-support organization must be a Florida |
| 24 | corporation not for profit, incorporated under the provisions of |
| 25 | chapter 617. The direct-support organization shall be exempt |
| 26 | from paying fees under s. 617.0122. |
| 27 | (b) The direct-support organization shall be organized and |
| 28 | operated to conduct programs and activities; raise funds; |
| 29 | request and receive grants, gifts, and bequests of moneys; |
| 30 | acquire, receive, hold, invest, and administer, in its own name, |
| 31 | securities, funds, objects of value, or other property, real or |
| 32 | personal; and make expenditures to or for the direct or indirect |
| 33 | benefit of the Statewide Guardian Ad Litem Office. |
| 34 | (c) If the executive director of the Statewide Guardian Ad |
| 35 | Litem Office determines the direct-support organization is |
| 36 | operating in a manner that is inconsistent with the goals and |
| 37 | purposes of the Statewide Guardian Ad Litem Office or not acting |
| 38 | in the best interest of the state, the executive director may |
| 39 | terminate the contract and thereafter the organization may not |
| 40 | use the name of the Statewide Guardian Ad Litem Office. |
| 41 | (2) CONTRACT.--The direct-support organization shall |
| 42 | operate under a written contract with the Statewide Guardian Ad |
| 43 | Litem Office. The written contract must, at a minimum, provide |
| 44 | for: |
| 45 | (a) Approval of the articles of incorporation and bylaws |
| 46 | of the direct-support organization by the executive director of |
| 47 | the Statewide Guardian Ad Litem Office. |
| 48 | (b) Submission of an annual budget for the approval by the |
| 49 | executive director of the Statewide Guardian Ad Litem Office. |
| 50 | (c) The reversion without penalty to the Statewide |
| 51 | Guardian Ad Litem Office, or to the state if the Statewide |
| 52 | Guardian Ad Litem Office ceases to exist, of all moneys and |
| 53 | property held in trust by the direct-support organization for |
| 54 | the Statewide Guardian Ad Litem Office if the direct-support |
| 55 | organization ceases to exist or if the contract is terminated. |
| 56 | (d) 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 | (e) 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 employees of the Statewide Guardian Ad |
| 68 | Litem Office to serve on the board of directors. Members of the |
| 69 | board shall serve at the pleasure of the executive director. |
| 70 | (4) USE OF PROPERTY AND SERVICES.--The executive director |
| 71 | of the Statewide Guardian Ad Litem Office: |
| 72 | (a) May authorize the use of facilities and property other |
| 73 | than money that are owned by the Statewide Guardian Ad Litem |
| 74 | Office to be used by the direct-support organization. |
| 75 | (b) May authorize the use of personal services provided by |
| 76 | employees of the Statewide Guardian Ad Litem Office. For the |
| 77 | purposes of this section, the term "personal services" includes |
| 78 | full-time personnel and part-time personnel as well as payroll |
| 79 | processing. |
| 80 | (c) May prescribe the conditions by which the direct- |
| 81 | support organization may use property, facilities, or personal |
| 82 | services of the office. |
| 83 | (d) Shall not authorize the use of property, facilities, |
| 84 | or personal services of the direct-support organization if the |
| 85 | organization does not provide equal employment opportunities to |
| 86 | all persons, regardless of race, color, religion, sex, age, or |
| 87 | national origin. |
| 88 | (5) MONEYS.--Moneys of the direct-support organization may |
| 89 | be held in a separate depository account in the name of the |
| 90 | direct-support organization and subject to the provisions of the |
| 91 | contract with the Statewide Guardian Ad Litem Office. |
| 92 | (6) ANNUAL AUDIT.--The direct-support organization shall |
| 93 | provide for an annual financial audit in accordance with s. |
| 94 | 215.981. |
| 95 | (7) LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct- |
| 96 | direct-support organization shall not exercise any power under |
| 97 | s. 617.0302(12) or (16). No state employee shall receive |
| 98 | compensation from the direct-support organization for service on |
| 99 | the board of directors or for services rendered to the direct- |
| 100 | support organization. |
| 101 | Section 2. This act shall take effect July 1, 2007. |