CS for SB 746 First Engrossed (ntc) 2009746e1 1 A bill to be entitled 2 An act relating to direct-support organizations; 3 creating s. 430.82, F.S.; authorizing the Department 4 of Elderly Affairs to create a direct-support 5 organization; providing definitions; providing for 6 appointment of members to the board of directors; 7 providing requirements for membership to the board of 8 directors; requiring the direct-support organization 9 to operate under a contract; providing contract 10 requirements; authorizing the department to use its 11 property, facilities, and personal services for the 12 direct-support organization; requiring the Secretary 13 of Elderly Affairs to approve of any transaction or 14 agreement between the department’s direct-support 15 organization and any other direct-support 16 organization; requiring the direct-support 17 organization to submit certain forms from the Internal 18 Revenue Service to the department; requiring the 19 direct-support organization to provide an annual 20 financial audit; amending s. 272.135, F.S.; providing 21 that the Capitol Curator may assist in raising funds 22 and making expenditures for the Historic Capitol; 23 creating s. 272.136, F.S.; authorizing the Legislative 24 Research Center and Museum and the Capitol Curator to 25 establish a direct-support organization; providing for 26 the appointment of members of a board of directors; 27 providing for board use of capitol property; requiring 28 the organization to be not for profit; authorizing the 29 center and curator to prescribe all conditions for the 30 organization; providing for the reversion of the 31 organization’s funds; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 430.82, Florida Statutes, is created to 36 read: 37 430.82 Direct-support organization.— 38 (1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.—The Department 39 of Elderly Affairs may establish a direct-support organization 40 to provide assistance, funding, and support for the department 41 in carrying out its mission. This section governs the creation, 42 use, powers, and duties of the direct-support organization. 43 (2) DEFINITIONS.—As used in this section, the term: 44 (a) “Department” means the Department of Elderly Affairs. 45 (b) “Direct-support organization” means an organization 46 that is: 47 1. A Florida corporation, not for profit, incorporated 48 under chapter 617, exempted from filing fees under s. 617.0122, 49 and approved by the Department of State; 50 2. Organized and operated exclusively to obtain funds; to 51 request and receive grants, gifts, and bequests of moneys; to 52 acquire, receive, hold, invest, and administer in its own name 53 securities, funds, or property; and to make expenditures to or 54 for the direct or indirect benefit of the department and persons 55 in this state who are 60 years of age or older; and 56 3. Determined by the department to be operating in a manner 57 consistent with the goals of the department and in the best 58 interest of the state. 59 (c) “Personal services” means full-time or part-time 60 personnel. 61 (d) “Secretary” means the Secretary of Elderly Affairs. 62 (3) BOARD OF DIRECTORS.—The direct-support organization 63 shall be governed by a board of directors. 64 (a) The board of directors shall consist of no fewer than 65 five members appointed by the secretary. Networks and 66 partnerships in this state involved in issues related to aging 67 may recommend nominees to the secretary. 68 (b) The term of office of the board members shall be 3 69 years, except that the terms of the initial appointees shall be 70 for 1 year, 2 years, or 3 years in order to achieve staggered 71 terms. A member may be reappointed when his or her term expires. 72 The secretary or his or her designee shall serve as an ex 73 officio member of the board of directors. 74 (c) Members must be current residents of this state. A 75 majority of the members must be 60 years of age or older and 76 highly knowledgeable about the department, its service delivery 77 system, and its mission. The secretary may remove any member of 78 the board for cause and with the approval of a majority of the 79 members of the board of directors. The secretary shall appoint a 80 replacement for any vacancy that occurs. 81 (4) CONTRACT.—A direct-support organization shall operate 82 under a written contract with the department. The written 83 contract must provide for: 84 (a) Certification by the department that the direct-support 85 organization is complying with the terms of the contract and is 86 doing so consistent with the goals and purposes of the 87 department and in the best interests of the state. This 88 certification must be made annually and reported in the official 89 minutes of a meeting of the direct-support organization. 90 (b) The reversion of moneys and property held by the 91 direct-support organization: 92 1. To the department if the direct-support organization is 93 no longer approved to operate for the department; 94 2. To the department if the direct-support organization 95 ceases to exist; or 96 3. To the state if the department ceases to exist. 97 (c) The disclosure of the material provisions of the 98 contract and the distinction between the department and the 99 direct-support organization to donors of gifts, contributions, 100 or bequests, including such disclosure on all promotional and 101 fundraising publications. 102 (5) USE OF PROPERTY.— 103 (a) The department may permit the use of property, 104 facilities, and personal services of the department by the 105 direct-support organization, subject to this section. 106 (b) The department may prescribe by contract any condition 107 with which the direct-support organization must comply in order 108 to use property, facilities, or personal services of the 109 department. 110 (c) The department may not permit the use of its property, 111 facilities, or personal services by any direct-support 112 organization organized under this section which does not provide 113 equal employment opportunities to all persons regardless of 114 race, color, national origin, gender, age, or religion. 115 (6) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement 116 between the direct-support organization organized under this 117 section and another direct-support organization or other entity 118 must be approved by the secretary. 119 (7) ANNUAL BUDGETS AND REPORTS.— 120 (a) The fiscal year of the direct-support organization 121 shall begin on July 1 of each year and end on June 30 of the 122 following year. 123 (b) The direct-support organization shall submit to the 124 department its federal Internal Revenue Service Application for 125 Recognition of Exemption form and its federal Internal Revenue 126 Service Return of Organization Exempt from Income Tax form. 127 (8) ANNUAL AUDIT.—The direct-support organization shall 128 provide for an annual financial audit in accordance with s. 129 215.981. 130 Section 2. Subsection (3) is added to section 272.135, 131 Florida Statutes, to read: 132 272.135 Florida Historic Capitol Curator.— 133 (3) In conjunction with the Legislative Research Center and 134 Museum at the Historic Capitol, the Capitol Curator may assist 135 the Florida Historic Capitol in the performance of its mission 136 by: 137 (a) Raising money; 138 (b) Submitting requests for and receiving grants; 139 (c) Receiving, holding, investing, and administering in the 140 name of the Historic Capitol and the Legislative Research Center 141 and Museum securities, funds, objects of value, or other real 142 and personal property; 143 (d) Receiving gifts and donations for the direct or 144 indirect benefit of the Historic Capitol; and 145 (e) Making expenditures to or for the direct or indirect 146 benefit of the Historic Capitol. 147 Section 3. Section 272.136, Florida Statutes, is created to 148 read: 149 272.136 Direct-support organization.—The Legislative 150 Research Center and Museum at the Historic Capitol and the 151 Capitol Curator may establish a direct-support organization to 152 provide assistance and promotional support through fundraising 153 for the Florida Historic Capitol and the Legislative Research 154 Center and Museum, including, but not limited to, their 155 educational programs and initiatives. 156 (1) The direct-support organization shall be governed by a 157 board of directors who have demonstrated a capacity for 158 supporting the mission of the Historic Capitol. 159 (a) Initial appointments to the board shall be made by the 160 President of the Senate and the Speaker of the House of 161 Representatives at the recommendation of the center and the 162 curator. Appointments to the board shall thereafter be made by 163 the board. 164 (b) The initial board shall consist of nine members who 165 shall be appointed to 3-year terms, except that the terms of the 166 initial appointees shall be accomplished so that three members 167 are appointed for 1 year, three members are appointed for 2 168 years, and three members are appointed for 3 years, in order to 169 achieve staggered terms, as determined by the presiding 170 officers. 171 (c) The board may add up to two additional members. 172 (d) The board members shall serve without compensation, 173 except that they are entitled to receive reimbursement for per 174 diem and travel expenses in accordance with s. 112.061. 175 (e) The board may use the fixed property and facilities of 176 the Historic Capitol, subject to the provisions of this 177 subsection. Such use must be directly in keeping with the 178 approved purposes of the direct-support organization and may not 179 be made at times or places that would unreasonably interfere 180 with the normal operations of the Historic Capitol. 181 (2) The direct-support organization must be a Florida 182 corporation, not for profit, incorporated under chapter 617, and 183 approved by the Department of State. 184 (3) The curator and center may prescribe any condition with 185 which the direct-support organization must comply. 186 (4) The curator and the center may not permit the use of 187 any fixed property or facilities by the direct-support 188 organization if the organization does not provide equal 189 membership and employment opportunities to all persons 190 regardless of race, color, religion, gender, age, or national 191 origin. 192 (5) The direct-support organization shall provide for an 193 annual financial audit in accordance with s. 215.981. 194 (6) If the direct-support organization is no longer 195 authorized by this section, fails to comply with the 196 requirements of this section, fails to maintain its tax-exempt 197 status pursuant to s. 501(c)(3) of the Internal Revenue Code, or 198 ceases to exist, all funds obtained through grants, gifts, and 199 donations in the direct-support organization account shall 200 revert to the state and be deposited into an account designated 201 by the Legislature for the support of the Historic Capitol, 202 provided that donations made for specific purposes in an 203 original donor agreement shall be applied only to those 204 purposes. 205 Section 4. This act shall take effect July 1, 2009.