| 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 support the |
| 5 | processing of requests for assistance from the Soldiers |
| 6 | and Airmen Assistance Program or similar programs; |
| 7 | authorizing the president of the direct-support |
| 8 | organization to appoint all members of the board of |
| 9 | directors; requiring the direct-support organization to |
| 10 | operate pursuant to a contract with the Department of |
| 11 | Military Affairs; requiring the direct-support |
| 12 | organization to submit its annual budget and financial |
| 13 | reports to the Department of Military Affairs; creating s. |
| 14 | 250.116, F.S.; creating the Soldiers and Airmen Assistance |
| 15 | Program; authorizing the program to provide specified |
| 16 | types of assistance to certain members of the Florida |
| 17 | National Guard and their families; providing for the |
| 18 | review of requests for assistance; requiring the financial |
| 19 | committee of the board of directors of the direct-support |
| 20 | organization for the Department of Military Affairs to |
| 21 | review the financial transactions of the program |
| 22 | quarterly; authorizing the financial committee of the |
| 23 | board of directors to request additional reviews by the |
| 24 | Office of Inspector General; authorizing the Department of |
| 25 | Military Affairs to adopt rules to administer the Soldiers |
| 26 | and Airmen Assistance Program; providing an effective |
| 27 | date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Section 250.115, Florida Statutes, is amended |
| 32 | to read: |
| 33 | 250.115 Department of Military Affairs direct-support |
| 34 | organization.- |
| 35 | (1) DEFINITIONS.-As used in this section, the term: |
| 36 | (a) "Direct-support organization" means an organization |
| 37 | that is: |
| 38 | 1. A Florida corporation not for profit, incorporated |
| 39 | under chapter 617, and approved by the Department of State. |
| 40 | 2. Organized and operated exclusively to raise funds; |
| 41 | request and receive grants, gifts, and bequests of moneys; |
| 42 | acquire, receive, hold, invest, and administer in its own name |
| 43 | securities, funds, or property; support the processing of |
| 44 | requests for assistance from the Soldiers and Airmen Assistance |
| 45 | Program or similar programs as directed by the Adjutant General; |
| 46 | and make expenditures to or for the direct or indirect benefit |
| 47 | of the Department of Military Affairs or the Florida National |
| 48 | Guard. |
| 49 | 3. Determined by the Department of Military Affairs to be |
| 50 | operating in a manner consistent with the goals of the |
| 51 | Department of Military Affairs and the Florida National Guard |
| 52 | and in the best interest of the state. Any organization that is |
| 53 | denied certification by the Adjutant General may not use the |
| 54 | name of the Florida National Guard or the Department of Military |
| 55 | Affairs in any part of its name or its publications. |
| 56 | (b) "Personal services" includes full-time or part-time |
| 57 | personnel as well as payroll processing. |
| 58 | (2) BOARD OF DIRECTORS.-The organization shall be governed |
| 59 | by a board of directors. The Adjutant General, or his or her |
| 60 | designee, shall appoint a president of the board. The board of |
| 61 | directors shall consist of up to 15 members appointed by the |
| 62 | president of the board. Up to 15 additional members may be |
| 63 | appointed by the president of the board of directors. The terms |
| 64 | of office of the members shall be 3 years. Members must be |
| 65 | residents of the state and highly knowledgeable about the United |
| 66 | States military, its service personnel, and its missions. In |
| 67 | making appointments, the board must consider a potential |
| 68 | member's background in community service. The board may remove |
| 69 | any member for cause and shall fill vacancies that occur. |
| 70 | (3) CONTRACT.-The direct-support organization shall |
| 71 | operate under a written contract with the department. The |
| 72 | written contract must provide for: |
| 73 | (a) Certification by the department that the direct- |
| 74 | support organization is complying with the terms of the contract |
| 75 | and is doing so consistent with the goals and purposes of the |
| 76 | department and in the best interests of the state. This |
| 77 | certification must be made annually and reported in the official |
| 78 | minutes of a meeting of the direct-support organization. |
| 79 | (b) The reversion of moneys and property held by the |
| 80 | direct-support organization: |
| 81 | 1. To the department if the direct-support organization is |
| 82 | no longer approved to operate for the department; |
| 83 | 2. To the department if the direct-support organization |
| 84 | ceases to exist; or |
| 85 | 3. To the state if the department ceases to exist. |
| 86 | (c) The disclosure of the material provisions of the |
| 87 | contract and the distinction between the department and the |
| 88 | direct-support organization to donors of gifts, contributions, |
| 89 | or bequests, including such disclosure on all promotional and |
| 90 | fundraising publications. |
| 91 | (4)(3) USE OF PROPERTY.- |
| 92 | (a) The Department of Military Affairs may permit the use |
| 93 | of property, facilities, and personal services of the Department |
| 94 | of Military Affairs by the direct-support organization, subject |
| 95 | to the provisions of this section. |
| 96 | (b) The Department of Military Affairs may prescribe by |
| 97 | rule any condition with which a direct-support organization |
| 98 | organized under this section must comply in order to use |
| 99 | property, facilities, or personal services of the Department of |
| 100 | Military Affairs. |
| 101 | (c) The Department of Military Affairs may not permit the |
| 102 | use of its property, facilities, or personal services by any |
| 103 | direct-support organization organized under this section which |
| 104 | does not provide equal employment opportunities to all persons |
| 105 | regardless of race, color, national origin, gender, age, or |
| 106 | religion. |
| 107 | (5)(4) ACTIVITIES; RESTRICTIONS.-Any transaction or |
| 108 | agreement between the direct-support organization organized |
| 109 | pursuant to this section and another direct-support organization |
| 110 | or center of technology innovation designated under s. 1004.77 |
| 111 | must be approved by the Department of Military Affairs. |
| 112 | (6)(5) ANNUAL BUDGETS AND REPORTS.-The direct-support |
| 113 | organization shall submit to the Department of Military Affairs |
| 114 | its annual budget and financial reports, its federal Internal |
| 115 | Revenue Service Application for Recognition of Exemption form |
| 116 | (Form 1023), and its federal Internal Revenue Service Return of |
| 117 | Organization Exempt from Income Tax form (Form 990). |
| 118 | (7)(6) ANNUAL AUDIT.-The direct-support organization shall |
| 119 | provide for an annual financial audit in accordance with s. |
| 120 | 215.981. |
| 121 | Section 2. Section 250.116, Florida Statutes, is created |
| 122 | to read: |
| 123 | 250.116 Soldiers and Airmen Assistance Program.- |
| 124 | (1) PROGRAM PURPOSE.-The purpose of the program is to |
| 125 | provide financial assistance and services to eligible |
| 126 | servicemembers of the Florida National Guard and eligible |
| 127 | members of their families. The program shall be administered by |
| 128 | the Department of Military Affairs. The department may be |
| 129 | assisted in the processing of applications and the |
| 130 | administration of the program by the direct-support organization |
| 131 | authorized under s. 250.115. |
| 132 | (2) FUNDING.-The program shall be implemented through |
| 133 | funding provided by the direct-support organization. |
| 134 | (3) AUTHORIZED ASSISTANCE.-The assistance available under |
| 135 | the program may include: |
| 136 | (a) Housing.-The program may provide housing assistance. |
| 137 | Housing assistance includes assistance with emergency repairs, |
| 138 | renovations, or replacements that are needed for a |
| 139 | servicemember's primary residential property in order to address |
| 140 | health or safety issues or meet disability needs. Housing |
| 141 | assistance also includes assistance with lease deposits, |
| 142 | mortgage payments, and rent payments. |
| 143 | (b) Living expenses.-The program may provide assistance |
| 144 | for living expenses that are reasonable and necessary to meet |
| 145 | basic needs for eligible members of the Florida National Guard |
| 146 | and eligible members of their families. Living expenses include |
| 147 | expenses for clothing, groceries, utility services, motor |
| 148 | vehicle fuel and transportation, insurance, and child care that |
| 149 | is necessary to obtain or maintain employment. |
| 150 | (c) Vehicles.-The program may provide assistance for |
| 151 | repairs or short-term rentals required to maintain the primary |
| 152 | vehicle of a servicemember's family in a safe operating |
| 153 | condition. If a repair will not restore the primary vehicle to a |
| 154 | safe operating condition or if there is no vehicle, assistance |
| 155 | with the purchase of a vehicle may be provided if such a vehicle |
| 156 | is necessary. |
| 157 | (d) Health care.-The program may provide assistance for |
| 158 | services that are documented by a medical authority as necessary |
| 159 | for the health and welfare of the individual. Assistance is not |
| 160 | available for elective procedures or medical care that is |
| 161 | covered by insurance. |
| 162 | (e) Other services.-The program may provide assistance for |
| 163 | a service or expense that is not specifically enumerated in this |
| 164 | subsection if the service or expense is reasonable under the |
| 165 | circumstances. |
| 166 | (4) ELIGIBILITY.-Persons eligible for assistance from the |
| 167 | program include: |
| 168 | (a) Servicemembers who are members of the Florida National |
| 169 | Guard who are: |
| 170 | 1. On active duty serving in the Global War on Terrorism |
| 171 | or Overseas Contingency Operation or request assistance within |
| 172 | 120 days after the termination of orders for such service and |
| 173 | return to home of record. |
| 174 | 2. Deployed by the Federal Government and participating in |
| 175 | state operations for homeland defense or request assistance |
| 176 | within 120 days after the termination of orders for such service |
| 177 | and return to home of record. |
| 178 | (b)1. Beneficiaries of an eligible servicemember |
| 179 | designated on the United States Department of Defense Form 93. |
| 180 | 2. Individuals demonstrating a financial need for |
| 181 | authorized assistance who are dependents or family members of an |
| 182 | eligible servicemember. |
| 183 | (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.- |
| 184 | (a) A request for assistance shall be reviewed and |
| 185 | processed at the local level by an official designated by the |
| 186 | Adjutant General. During the initial review and processing of |
| 187 | the request, the Department of Military Affairs may accept |
| 188 | assistance from the direct-support organization. Final review |
| 189 | and approval of requests for assistance shall be made by the |
| 190 | Department of Military Affairs. |
| 191 | (b) Requests for assistance shall be reviewed and |
| 192 | evaluated based on the following criteria: |
| 193 | 1. The impact of a servicemember's absence and inability |
| 194 | to assist in home and vehicle repairs or meet other family |
| 195 | needs; |
| 196 | 2. The economic impact of deployment; |
| 197 | 3. The overall financial situation of the applicant; |
| 198 | 4. The assistance authorized under the program; and |
| 199 | 5. Other relevant information. |
| 200 | (6) QUARTERLY FINANCIAL REVIEW.-The financial committee of |
| 201 | the board of directors of the direct-support organization shall |
| 202 | review financial transactions of the program each quarter. This |
| 203 | review shall be provided to the Department of Military Affairs |
| 204 | in order to determine whether the direct-support organization is |
| 205 | being operated in a manner that is consistent with the purposes |
| 206 | of the Soldiers and Airmen Assistance Fund, and in the best |
| 207 | interests of the department. The financial committee may request |
| 208 | the Office of Inspector General to conduct additional reviews. |
| 209 | (7) RULES.-The Department of Military Affairs may adopt |
| 210 | rules to administer this section. |
| 211 | Section 3. This act shall take effect July 1, 2010. |