CS/HB 395

1
A bill to be entitled
2An act relating to the direct-support organization for the
3Department of Military Affairs; amending s. 250.115, F.S.;
4authorizing the direct-support organization to support the
5processing of requests for assistance from the Soldiers
6and Airmen Assistance Program or similar programs;
7authorizing the president of the direct-support
8organization to appoint all members of the board of
9directors; requiring the direct-support organization to
10operate pursuant to a contract with the Department of
11Military Affairs; requiring the direct-support
12organization to submit its annual budget and financial
13reports to the Department of Military Affairs; creating s.
14250.116, F.S.; creating the Soldiers and Airmen Assistance
15Program; authorizing the program to provide specified
16types of assistance to certain members of the Florida
17National Guard and their families; providing for the
18review of requests for assistance; requiring the financial
19committee of the board of directors of the direct-support
20organization for the Department of Military Affairs to
21review the financial transactions of the program
22quarterly; authorizing the financial committee of the
23board of directors to request additional reviews by the
24Office of Inspector General; authorizing the Department of
25Military Affairs to adopt rules to administer the Soldiers
26and Airmen Assistance Program; providing an effective
27date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 250.115, Florida Statutes, is amended
32to read:
33     250.115  Department of Military Affairs direct-support
34organization.-
35     (1)  DEFINITIONS.-As used in this section, the term:
36     (a)  "Direct-support organization" means an organization
37that is:
38     1.  A Florida corporation not for profit, incorporated
39under chapter 617, and approved by the Department of State.
40     2.  Organized and operated exclusively to raise funds;
41request and receive grants, gifts, and bequests of moneys;
42acquire, receive, hold, invest, and administer in its own name
43securities, funds, or property; support the processing of
44requests for assistance from the Soldiers and Airmen Assistance
45Program or similar programs as directed by the Adjutant General;
46and make expenditures to or for the direct or indirect benefit
47of the Department of Military Affairs or the Florida National
48Guard.
49     3.  Determined by the Department of Military Affairs to be
50operating in a manner consistent with the goals of the
51Department of Military Affairs and the Florida National Guard
52and in the best interest of the state. Any organization that is
53denied certification by the Adjutant General may not use the
54name of the Florida National Guard or the Department of Military
55Affairs in any part of its name or its publications.
56     (b)  "Personal services" includes full-time or part-time
57personnel as well as payroll processing.
58     (2)  BOARD OF DIRECTORS.-The organization shall be governed
59by a board of directors. The Adjutant General, or his or her
60designee, shall appoint a president of the board. The board of
61directors shall consist of up to 15 members appointed by the
62president of the board. Up to 15 additional members may be
63appointed by the president of the board of directors. The terms
64of office of the members shall be 3 years. Members must be
65residents of the state and highly knowledgeable about the United
66States military, its service personnel, and its missions. In
67making appointments, the board must consider a potential
68member's background in community service. The board may remove
69any member for cause and shall fill vacancies that occur.
70     (3)  CONTRACT.-The direct-support organization shall
71operate under a written contract with the department. The
72written contract must provide for:
73     (a)  Certification by the department that the direct-
74support organization is complying with the terms of the contract
75and is doing so consistent with the goals and purposes of the
76department and in the best interests of the state. This
77certification must be made annually and reported in the official
78minutes of a meeting of the direct-support organization.
79     (b)  The reversion of moneys and property held by the
80direct-support organization:
81     1.  To the department if the direct-support organization is
82no longer approved to operate for the department;
83     2.  To the department if the direct-support organization
84ceases to exist; or
85     3.  To the state if the department ceases to exist.
86     (c)  The disclosure of the material provisions of the
87contract and the distinction between the department and the
88direct-support organization to donors of gifts, contributions,
89or bequests, including such disclosure on all promotional and
90fundraising publications.
91     (4)(3)  USE OF PROPERTY.-
92     (a)  The Department of Military Affairs may permit the use
93of property, facilities, and personal services of the Department
94of Military Affairs by the direct-support organization, subject
95to the provisions of this section.
96     (b)  The Department of Military Affairs may prescribe by
97rule any condition with which a direct-support organization
98organized under this section must comply in order to use
99property, facilities, or personal services of the Department of
100Military Affairs.
101     (c)  The Department of Military Affairs may not permit the
102use of its property, facilities, or personal services by any
103direct-support organization organized under this section which
104does not provide equal employment opportunities to all persons
105regardless of race, color, national origin, gender, age, or
106religion.
107     (5)(4)  ACTIVITIES; RESTRICTIONS.-Any transaction or
108agreement between the direct-support organization organized
109pursuant to this section and another direct-support organization
110or center of technology innovation designated under s. 1004.77
111must be approved by the Department of Military Affairs.
112     (6)(5)  ANNUAL BUDGETS AND REPORTS.-The direct-support
113organization shall submit to the Department of Military Affairs
114its annual budget and financial reports, its federal Internal
115Revenue Service Application for Recognition of Exemption form
116(Form 1023), and its federal Internal Revenue Service Return of
117Organization Exempt from Income Tax form (Form 990).
118     (7)(6)  ANNUAL AUDIT.-The direct-support organization shall
119provide for an annual financial audit in accordance with s.
120215.981.
121     Section 2.  Section 250.116, Florida Statutes, is created
122to read:
123     250.116  Soldiers and Airmen Assistance Program.-
124     (1)  PROGRAM PURPOSE.-The purpose of the program is to
125provide financial assistance and services to eligible
126servicemembers of the Florida National Guard and eligible
127members of their families. The program shall be administered by
128the Department of Military Affairs. The department may be
129assisted in the processing of applications and the
130administration of the program by the direct-support organization
131authorized under s. 250.115.
132     (2)  FUNDING.-The program shall be implemented through
133funding provided by the direct-support organization.
134     (3)  AUTHORIZED ASSISTANCE.-The assistance available under
135the program may include:
136     (a)  Housing.-The program may provide housing assistance.
137Housing assistance includes assistance with emergency repairs,
138renovations, or replacements that are needed for a
139servicemember's primary residential property in order to address
140health or safety issues or meet disability needs. Housing
141assistance also includes assistance with lease deposits,
142mortgage payments, and rent payments.
143     (b)  Living expenses.-The program may provide assistance
144for living expenses that are reasonable and necessary to meet
145basic needs for eligible members of the Florida National Guard
146and eligible members of their families. Living expenses include
147expenses for clothing, groceries, utility services, motor
148vehicle fuel and transportation, insurance, and child care that
149is necessary to obtain or maintain employment.
150     (c)  Vehicles.-The program may provide assistance for
151repairs or short-term rentals required to maintain the primary
152vehicle of a servicemember's family in a safe operating
153condition. If a repair will not restore the primary vehicle to a
154safe operating condition or if there is no vehicle, assistance
155with the purchase of a vehicle may be provided if such a vehicle
156is necessary.
157     (d)  Health care.-The program may provide assistance for
158services that are documented by a medical authority as necessary
159for the health and welfare of the individual. Assistance is not
160available for elective procedures or medical care that is
161covered by insurance.
162     (e)  Other services.-The program may provide assistance for
163a service or expense that is not specifically enumerated in this
164subsection if the service or expense is reasonable under the
165circumstances.
166     (4)  ELIGIBILITY.-Persons eligible for assistance from the
167program include:
168     (a)  Servicemembers who are members of the Florida National
169Guard who are:
170     1.  On active duty serving in the Global War on Terrorism
171or Overseas Contingency Operation or request assistance within
172120 days after the termination of orders for such service and
173return to home of record.
174     2.  Deployed by the Federal Government and participating in
175state operations for homeland defense or request assistance
176within 120 days after the termination of orders for such service
177and return to home of record.
178     (b)1.  Beneficiaries of an eligible servicemember
179designated on the United States Department of Defense Form 93.
180     2.  Individuals demonstrating a financial need for
181authorized assistance who are dependents or family members of an
182eligible servicemember.
183     (5)  REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.-
184     (a)  A request for assistance shall be reviewed and
185processed at the local level by an official designated by the
186Adjutant General. During the initial review and processing of
187the request, the Department of Military Affairs may accept
188assistance from the direct-support organization. Final review
189and approval of requests for assistance shall be made by the
190Department of Military Affairs.
191     (b)  Requests for assistance shall be reviewed and
192evaluated based on the following criteria:
193     1.  The impact of a servicemember's absence and inability
194to assist in home and vehicle repairs or meet other family
195needs;
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
201the board of directors of the direct-support organization shall
202review financial transactions of the program each quarter. This
203review shall be provided to the Department of Military Affairs
204in order to determine whether the direct-support organization is
205being operated in a manner that is consistent with the purposes
206of the Soldiers and Airmen Assistance Fund, and in the best
207interests of the department. The financial committee may request
208the Office of Inspector General to conduct additional reviews.
209     (7)  RULES.-The Department of Military Affairs may adopt
210rules to administer this section.
211     Section 3.  This act shall take effect July 1, 2010.


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