| 1 | A bill to be entitled |
| 2 | An act relating to direct-support organizations; creating |
| 3 | s. 430.82, F.S.; authorizing the Department of Elderly |
| 4 | Affairs to create a direct-support organization; providing |
| 5 | definitions; providing for appointment of members to the |
| 6 | board of directors; providing requirements for membership |
| 7 | to the board of directors; requiring the direct-support |
| 8 | organization to operate under a contract; providing |
| 9 | contract requirements; authorizing the department to use |
| 10 | its property, facilities, and personal services for the |
| 11 | direct-support organization; requiring the Secretary of |
| 12 | Elderly Affairs to approve of any transaction or agreement |
| 13 | between the department's direct-support organization and |
| 14 | any other direct-support organization; requiring the |
| 15 | direct-support organization to submit certain forms from |
| 16 | the Internal Revenue Service to the department; requiring |
| 17 | the direct-support organization to provide an annual |
| 18 | financial audit; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 430.82, Florida Statutes, is created to |
| 23 | read: |
| 24 | 430.82 Direct-support organization.-- |
| 25 | (1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The |
| 26 | Department of Elderly Affairs may establish a direct-support |
| 27 | organization to provide assistance, funding, and support for the |
| 28 | department in carrying out its mission. This section governs the |
| 29 | creation, use, powers, and duties of the direct-support |
| 30 | organization. |
| 31 | (2) DEFINITIONS.--As used in this section, the term: |
| 32 | (a) "Department" means the Department of Elderly Affairs. |
| 33 | (b) "Direct-support organization" means an organization |
| 34 | that is: |
| 35 | 1. A Florida corporation, not for profit, incorporated |
| 36 | under chapter 617, exempt from paying filing fees under s. |
| 37 | 617.0122, and approved by the Department of State; |
| 38 | 2. Organized and operated exclusively to obtain funds; to |
| 39 | request and receive grants, gifts, and bequests of moneys; to |
| 40 | acquire, receive, hold, invest, and administer in its own name |
| 41 | securities, funds, or property; and to make expenditures to or |
| 42 | for the direct or indirect benefit of the department and persons |
| 43 | in this state who are 60 years of age or older; and |
| 44 | 3. Determined by the department to be operating in a |
| 45 | manner consistent with the goals of the department and in the |
| 46 | best interest of the state. |
| 47 | (c) "Personal services" means full-time or part-time |
| 48 | personnel. |
| 49 | (d) "Secretary" means the Secretary of Elderly Affairs. |
| 50 | (3) BOARD OF DIRECTORS.--The direct-support organization |
| 51 | shall be governed by a board of directors. |
| 52 | (a) The board of directors shall consist of no fewer than |
| 53 | five members appointed by the secretary. Networks and |
| 54 | partnerships in this state involved in issues related to aging |
| 55 | may recommend nominees to the secretary. |
| 56 | (b) The term of office of the board members shall be 3 |
| 57 | years, except that the terms of the initial appointees shall be |
| 58 | for 1 year, 2 years, or 3 years in order to achieve staggered |
| 59 | terms. A member may be reappointed when his or her term expires. |
| 60 | The secretary or his or her designee shall serve as an ex |
| 61 | officio member of the board of directors. |
| 62 | (c) Members must be current residents of this state. A |
| 63 | majority of the members must be 60 years of age or older and |
| 64 | highly knowledgeable about the department, its service delivery |
| 65 | system, and its mission. The secretary may remove any member of |
| 66 | the board for cause and with the approval of a majority of the |
| 67 | members of the board of directors. The secretary shall appoint a |
| 68 | replacement for any vacancy that occurs. |
| 69 | (4) CONTRACT.--A direct-support organization shall operate |
| 70 | under a written contract with the department. The written |
| 71 | contract must provide for: |
| 72 | (a) Certification by the department that the direct- |
| 73 | support organization is complying with the terms of the contract |
| 74 | and is doing so consistent with the goals and purposes of the |
| 75 | department and in the best interests of the state. This |
| 76 | certification must be made annually and reported in the official |
| 77 | minutes of a meeting of the direct-support organization. |
| 78 | (b) The reversion of moneys and property held by the |
| 79 | direct-support organization: |
| 80 | 1. To the department if the direct-support organization is |
| 81 | no longer approved to operate for the department; |
| 82 | 2. To the department if the direct-support organization |
| 83 | ceases to exist; or |
| 84 | 3. To the state if the department ceases to exist. |
| 85 | (c) The disclosure of the material provisions of the |
| 86 | contract and the distinction between the department and the |
| 87 | direct-support organization to donors of gifts, contributions, |
| 88 | or bequests, including such disclosure on all promotional and |
| 89 | fundraising publications. |
| 90 | (5) USE OF PROPERTY.-- |
| 91 | (a) The department may permit the use of property, |
| 92 | facilities, and personal services of the department by the |
| 93 | direct-support organization, subject to this section. |
| 94 | (b) The department may prescribe by contract any condition |
| 95 | with which the direct-support organization must comply in order |
| 96 | to use property, facilities, or personal services of the |
| 97 | department. |
| 98 | (c) The department may not permit the use of its property, |
| 99 | facilities, or personal services by any direct-support |
| 100 | organization organized under this section which does not provide |
| 101 | equal employment opportunities to all persons regardless of |
| 102 | race, color, national origin, gender, age, or religion. |
| 103 | (6) ACTIVITIES; RESTRICTIONS.--Any transaction or |
| 104 | agreement between the direct-support organization organized |
| 105 | under this section and another direct-support organization or |
| 106 | other entity must be approved by the secretary. |
| 107 | (7) ANNUAL BUDGETS AND REPORTS.-- |
| 108 | (a) The fiscal year of the direct-support organization |
| 109 | shall begin on July 1 of each year and end on June 30 of the |
| 110 | following year. |
| 111 | (b) The direct-support organization shall submit to the |
| 112 | department its federal Internal Revenue Service Application for |
| 113 | Recognition of Exemption form (Form 1023) and its federal |
| 114 | Internal Revenue Service Return of Organization Exempt from |
| 115 | Income Tax form (Form 990). |
| 116 | (8) ANNUAL AUDIT.--The direct-support organization shall |
| 117 | provide for an annual financial audit in accordance with s. |
| 118 | 215.981. |
| 119 | Section 2. This act shall take effect July 1, 2009. |