Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 2614 Barcode 342848 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/20/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health and Human Services Appropriations (Gaetz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1493 and 1494 4 insert: 5 Section 26. Section 385.401, Florida Statutes, is created 6 to read: 7 385.401 Direct-support organization.— 8 (1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.—The Department 9 of Health may establish a direct-support organization to provide 10 assistance, funding, and support for the department in carrying 11 out its mission upon written approval by the State Surgeon 12 General. This section governs the creation, use, powers, and 13 duties of the direct-support organization. 14 (2) DEFINITIONS.—As used in this section, the term: 15 (a) “Department” means the Department of Health. 16 (b) “Direct-support organization” means an organization 17 that is: 18 1. A Florida corporation, not for profit, incorporated 19 under chapter 617, exempted from filing fees, and approved by 20 the Department of State; 21 2. Organized and operated to conduct programs and 22 activities; to initiate developmental projects; to raise funds; 23 to request and receive grants, gifts, and bequests of moneys; to 24 acquire, receive, hold, invest, and administer in its own name 25 securities, funds, or property; and to make expenditures to or 26 for the direct or indirect benefit of the state public health 27 system through the department or its individual county health 28 departments; 29 3. Determined by the department to be operating in a manner 30 consistent with the priority issues and objectives of the 31 department and in the best interest of the state; and 32 4. Approved in writing by the State Surgeon General to 33 operate for the direct or indirect benefit of the department or 34 its individual county health departments. This approval shall be 35 in a form determined by the department. 36 (3) BOARD OF DIRECTORS.—The direct-support organization 37 shall be governed by a board of directors. 38 (a) The board of directors shall consist of no fewer than 39 seven members appointed by the State Surgeon General. Networks 40 and partnerships in this state which are involved in issues 41 related to public health may recommend nominees to the State 42 Surgeon General. 43 (b) The term of office of the board members shall be 3 44 years, except that the terms of the initial appointees shall be 45 for 1 year, 2 years, or 3 years in order to achieve staggered 46 terms. A member may be reappointed when his or her term expires. 47 The State Surgeon General or his or her designee shall serve as 48 an ex officio member of the board of directors. 49 (c) Members must be current residents of this state. A 50 majority of the members must be highly knowledgeable about the 51 department, its service personnel, and its missions. The board 52 must include members from county government, the health care 53 industry, the medical community, and other components of the 54 public health system. The State Surgeon General may remove any 55 member of the board for cause and with the approval of a 56 majority of the members of the board of directors. The State 57 Surgeon General shall appoint a replacement for any vacancy that 58 occurs. 59 (4) USE OF PROPERTY.— 60 (a) The department and each county health department in the 61 state may allow, without charge, the use of the department’s 62 fixed property and facilities within the state public health 63 system by the direct-support organization, subject to this 64 section. Use of the fixed property and facilities by the direct 65 support organization may not interfere with use of the fixed 66 property and facilities by the department’s clients or staff. 67 (b) The department may not allow the use of its fixed 68 property and facilities by any direct-support organization that 69 is organized under this section and does not provide equal 70 employment opportunities to all persons regardless of race, 71 color, national origin, gender, age, or religion. 72 (5) DIRECTIVES.—The direct-support organization that is 73 organized under this section shall comply with directives and 74 requirements established by the sources of its funding. 75 (6) ANNUAL BUDGETS AND REPORTS.— 76 (a) The fiscal year of the direct-support organization 77 shall begin on July 1 of each year and end on June 30 of the 78 following year. 79 (b) The direct-support organization shall submit to the 80 department its federal Internal Revenue Service Application for 81 Recognition of Exemption form and its federal Internal Revenue 82 Service Return of Organization Exempt from Income Tax form. 83 (7) ANNUAL AUDIT.—The direct-support organization shall 84 provide for an annual financial audit in accordance with s. 85 215.981. 86 87 ================= T I T L E A M E N D M E N T ================ 88 And the title is amended as follows: 89 Delete line 150 90 and insert: 91 administer the act; creating s. 385.401, F.S.; 92 authorizing the department to establish a direct 93 support organization; providing definitions; providing 94 for a board of directors; providing terms; providing 95 for membership; authorizing the department to allow 96 the direct-support organization to use the 97 department’s fixed property and facilities within the 98 state public health system; providing an exception; 99 requiring that the direct-support organization submit 100 certain federal forms to the department; requiring 101 that the direct-support organization provide an annual 102 financial audit; amending s. 409.904, F.S.;