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         385.401Direct-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.;