Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 442 Barcode 369782 LEGISLATIVE ACTION Senate . House . . . Floor: 1/WD/2R . 04/25/2013 04:56 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Thompson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 79 - 82 4 and insert: 5 (5) As used in this section, the term “direct-support 6 organization” means a Florida not-for-profit corporation 7 incorporated under chapter 617, Florida Statutes, and organized 8 and operated to conduct programs and activities; initiate 9 developmental projects; raise funds; request and receive grants, 10 gifts, and bequests of moneys; acquire, receive, hold, invest, 11 and administer, in its own name, securities, funds, objects of 12 value, or other property, real or personal; and make 13 expenditures to or for the direct or indirect benefit of black 14 tourism in this state, to support the state’s black cultural 15 sites, and to support the functions of the commission. 16 (6)(a) The commission is authorized to organize and 17 incorporate a direct-support organization pursuant to the 18 requirements of this section and chapter 617, Florida Statutes, 19 to accomplish the purposes and objectives set forth in this 20 section. 21 (b) The board of the direct-support organization shall 22 consist of seven members. The Secretary of State shall appoint 23 three members to serve 3-year terms. The commission shall 24 appoint two members to serve 2-year terms and two members to 25 serve 4-year terms. Thereafter, the board shall be self 26 appointed according to the established bylaws. 27 (c) The direct-support organization is subject to the 28 provisions of ss. 119.07 and 286.011, Florida Statutes, and 29 s.24, Article I of the State Constitution. 30 (d) The direct-support organization shall maintain 31 donations and direct service expenditures in a bank account 32 outside the State Treasury. 33 (e) Any administrative costs of running and promoting the 34 purposes of the corporation must be paid by private funds. 35 (7) The direct-support organization shall operate under 36 written contract with the commission. The contract must provide 37 for: 38 (a) Approval by the commission of the articles of 39 incorporation and bylaws of the direct-support organization. 40 (b) Submission of an annual budget for the approval of the 41 commission. The budget must comply with rules adopted by the 42 commission. 43 (c) Certification by the commission that the direct-support 44 organization is complying with the terms of the contract and in 45 a manner consistent with the goals and purposes of the 46 commission and in the best interest of the state. Such 47 certification must be made annually and reported in the official 48 minutes of a meeting of the commission. 49 (d) Reversion to the commission, or to the department if 50 the commission ceases to exist, of moneys and property held in 51 trust by the direct-support organization if the direct-support 52 organization is no longer approved to operate for the commission 53 or the commission ceases to exist. 54 (e) A fiscal year for the direct-support organization 55 beginning on July 1 of each year and ending on June 30 of the 56 following year. 57 (f) The disclosure of material provisions of the contract 58 and the distinction between the board of directors and the 59 direct-support organization to donors of gifts, contributions, 60 or bequests, as well as on all promotional and fundraising 61 publications. 62 (8) The purposes and goals of the direct-support 63 organization must be consistent with priority issues and 64 objectives of the commission and must be in the best interests 65 of the state. 66 (9) Funds designated for the direct-support organization 67 must be used for the enhancement of programs and projects of the 68 commission. All moneys received by the organization must be 69 deposited into an account of the organization and must be used 70 by the organization in a manner consistent with the purposes and 71 goals of the organization. 72 (10) The direct-support organization shall comply with the 73 audit requirements of s. 215.981, Florida Statutes. 74 75 ================= T I T L E A M E N D M E N T ================ 76 And the title is amended as follows: 77 Delete lines 11 - 13 78 and insert: 79 expenses for commission members; defining the term 80 “direct-support organization”; authorizing the 81 commission to create a direct-support organization; 82 providing purposes and objectives; providing for 83 members of the board of the direct-support 84 organization; providing that the direct-support 85 organization is subject to public records and meetings 86 requirements; requiring expenses of the direct-support 87 organization to be paid by private funds; requiring 88 the direct-support organization to operate under a 89 written contract with the commission; specifying 90 contract requirements; providing guidelines for the 91 use of the funds; requiring the direct-support 92 organization to comply with audit requirements; 93 providing an