HB 395

1	A bill to be entitled
2	An act relating to the direct-support organization for the
3	Department of Military Affairs; amending s. 250.115, F.S.;
4	authorizing the direct-support organization to administer
5	the Soldiers and Airmen Assistance Program or similar
6	programs; authorizing the president of the direct-support
7	organization to appoint all members of the board of
8	directors; requiring the direct-support organization to
9	submit its annual budget and financial reports to the
10	Department of Military Affairs; creating s. 250.116, F.S.;
11	creating the Soldiers and Airmen Assistance Program;
12	authorizing the program to provide specified types of
13	assistance to certain members of the Florida National
14	Guard and their families; providing for the review of
15	requests for assistance; requiring the financial committee
16	of the board of directors of the direct-support
17	organization for the Department of Military Affairs to
18	review the financial transactions of the program
19	quarterly; authorizing the financial committee of the
20	board of directors to request additional reviews by the
21	Office of Inspector General; authorizing the Department of
22	Military Affairs to adopt rules to administer the Soldiers
23	and Airmen Assistance Program; providing an effective
24	date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 250.115, Florida Statutes, is amended
29	to read:
30	250.115  Department of Military Affairs direct-support
31	organization.-
32	(1)  DEFINITIONS.-As used in this section, the term:
33	(a)  "Direct-support organization" means an organization
34	that is:
35	1.  A Florida corporation not for profit, incorporated
36	under chapter 617, and approved by the Department of State.
37	2.  Organized and operated exclusively to raise funds;
38	request and receive grants, gifts, and bequests of moneys;
39	acquire, receive, hold, invest, and administer in its own name
40	securities, funds, or property; administer the Soldiers and
41	Airmen Assistance Program or similar programs as directed by the
42	Adjutant General; and make expenditures to or for the direct or
43	indirect benefit of the Department of Military Affairs or the
44	Florida National Guard.
45	3.  Determined by the Department of Military Affairs to be
46	operating in a manner consistent with the goals of the
47	Department of Military Affairs and the Florida National Guard
48	and in the best interest of the state. Any organization that is
49	denied certification by the Adjutant General may not use the
50	name of the Florida National Guard or the Department of Military
51	Affairs in any part of its name or its publications.
52	(b)  "Personal services" includes full-time or part-time
53	personnel as well as payroll processing.
54	(2)  BOARD OF DIRECTORS.-The organization shall be governed
55	by a board of directors. The Adjutant General, or his or her
56	designee, shall appoint a president of the board. The board of
57	directors shall consist of up to 15 members appointed by the
58	president of the board. Up to 15 additional members may be
59	appointed by the president of the board of directors. The terms
60	of office of the members shall be 3 years. Members must be
61	residents of the state and highly knowledgeable about the United
62	States military, its service personnel, and its missions. In
63	making appointments, the board must consider a potential
64	member's background in community service. The board may remove
65	any member for cause and shall fill vacancies that occur.
66	(3)  USE OF PROPERTY.-
67	(a)  The Department of Military Affairs may permit the use
68	of property, facilities, and personal services of the Department
69	of Military Affairs by the direct-support organization, subject
70	to the provisions of this section.
71	(b)  The Department of Military Affairs may prescribe by
72	rule any condition with which a direct-support organization
73	organized under this section must comply in order to use
74	property, facilities, or personal services of the Department of
75	Military Affairs.
76	(c)  The Department of Military Affairs may not permit the
77	use of its property, facilities, or personal services by any
78	direct-support organization organized under this section which
79	does not provide equal employment opportunities to all persons
80	regardless of race, color, national origin, gender, age, or
81	religion.
82	(4)  ACTIVITIES; RESTRICTIONS.-Any transaction or agreement
83	between the direct-support organization organized pursuant to
84	this section and another direct-support organization or center
85	of technology innovation designated under s. 1004.77 must be
86	approved by the Department of Military Affairs.
87	(5)  ANNUAL BUDGETS AND REPORTS.-The direct-support
88	organization shall submit to the Department of Military Affairs
89	its annual budget and financial reports, its federal Internal
90	Revenue Service Application for Recognition of Exemption form
91	(Form 1023), and its federal Internal Revenue Service Return of
92	Organization Exempt from Income Tax form (Form 990).
93	(6)  ANNUAL AUDIT.-The direct-support organization shall
94	provide for an annual financial audit in accordance with s.
95	215.981.
96	Section 2.  Section 250.116, Florida Statutes, is created
97	to read:
98	250.116  Soldiers and Airmen Assistance Program.-
99	(1)  PROGRAM PURPOSE.-The purpose of the program is to
100	provide financial assistance and services to eligible
101	servicemembers of the Florida National Guard and eligible
102	members of their families. The program shall be headed by a
103	program director appointed by the direct-support organization
104	authorized under s. 250.115.
105	(2)  FUNDING.-The program shall be implemented through
106	funding provided by the direct-support organization.
107	(3)  AUTHORIZED ASSISTANCE.-The assistance available under
108	the program may include:
109	(a)  Housing.-The program may provide housing assistance.
110	Housing assistance includes assistance with emergency repairs,
111	renovations, or replacements that are needed for a
112	servicemember's primary residential property in order to address
113	health or safety issues or meet disability needs. Housing
114	assistance also includes assistance with lease deposits,
115	mortgage payments, and rent payments.
116	(b)  Living expenses.-The program may provide assistance
117	for living expenses that are reasonable and necessary to meet
118	basic needs for eligible members of the Florida National Guard
119	and eligible members of their families. Living expenses include
120	expenses for clothing, groceries, utility services, gasoline and
121	transportation, insurance, and child care that is necessary to
122	obtain or maintain employment.
123	(c)  Vehicles.-The program may provide assistance for
124	repairs or short-term rentals required to maintain the primary
125	vehicle of a servicemember's family in a safe operating
126	condition. If a repair will not restore the primary vehicle to a
127	safe operating condition or if there is no vehicle, assistance
128	with the purchase of a vehicle may be provided if such a vehicle
129	is necessary.
130	(d)  Health care.-The program may provide assistance for
131	services that are documented by a medical authority as necessary
132	for the health and welfare of the individual. Assistance is not
133	available for elective procedures or medical care that is
134	covered by insurance.
135	(e)  Other services.-The program may provide assistance for
136	a service or expense that is not specifically enumerated in this
137	subsection if the service or expense is reasonable under the
138	circumstances.
139	(4)  ELIGIBILITY.-Persons eligible for assistance from the
140	program include:
141	(a)  Servicemembers who are members of the Florida National
142	Guard who are:
143	1.  On active duty serving in the Global War on Terrorism
144	or Overseas Contingency Operation or request assistance within
145	120 days after the termination of orders for such service and
146	return to home of record.
147	2.  Deployed by the Federal Government and participating in
148	state operations for homeland defense or request assistance
149	within 120 days after the termination of orders for such service
150	and return to home of record.
151	(b)1.  Beneficiaries of an eligible servicemember
152	designated on the United States Department of Defense Form 93.
153	2.  Individuals demonstrating a financial need for
154	authorized assistance who are dependents or family members of an
155	eligible servicemember.
156	(5)  REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.-
157	(a)  A request for assistance shall be reviewed and
158	processed at the local level by an official designated by the
159	Adjutant General. A recommendation from the local level for
160	assistance shall be forwarded to the program director of the
161	direct-support organization for final review and approval.
162	(b)  Requests for assistance shall be reviewed and
163	evaluated based on the following criteria:
164	1.  The impact of a servicemember's absence and inability
165	to assist in home and vehicle repairs or meet other family
166	needs;
167	2.  The economic impact of deployment;
168	3.  The overall financial situation of the applicant;
169	4.  The assistance authorized under the program; and
170	5.  Other relevant information.
171	(6)  QUARTERLY FINANCIAL REVIEW.-The financial committee of
172	the board of directors of the direct-support organization shall
173	review financial transactions of the program each quarter. The
174	financial committee may request the Office of Inspector General
175	to conduct additional reviews.
176	(7)  RULES.-The Department of Military Affairs may adopt
177	rules to administer this section.
178	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.