Florida Senate - 2014                                    SB 1194
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-01903A-14                                         20141194__
    1                        A bill to be entitled                      
    2         An act relating to citizen support and direct-support
    3         organizations; amending s. 14.29, F.S.; providing for
    4         future review and repeal of provisions authorizing the
    5         Florida Commission on Community Service to establish
    6         and operate a direct-support organization; amending s.
    7         16.616, F.S.; providing for future review and repeal
    8         of the direct-support organization established within
    9         the Department of Legal Affairs; creating s. 20.058,
   10         F.S.; requiring citizen support and direct-support
   11         organizations to annually submit certain information
   12         to the appropriate agency; requiring each agency
   13         receiving such information to post submissions on the
   14         agency’s website; requiring each agency receiving such
   15         information to annually submit a report to the
   16         Governor, the Legislature, and the Office of Program
   17         Policy Analysis and Government Accountability;
   18         providing report requirements; requiring that a
   19         contract between an agency and a citizen support
   20         organization or direct-support organization be
   21         contingent on disclosure requirements; requiring an
   22         agency head to terminate a contract if an organization
   23         fails to meet disclosure requirements; requiring that
   24         each citizen support organization or direct-support
   25         organization created or authorized by law be subject
   26         to legislative review and repeal; requiring that
   27         citizen support organizations or direct-support
   28         organizations in existence as of a certain date be
   29         subject to future legislative review; amending s.
   30         20.2551, F.S.; providing for future review and repeal
   31         of the citizen support organization established within
   32         the Department of Environmental Protection; amending
   33         s. 39.0011, F.S.; providing for future review and
   34         repeal of the direct-support organization of the
   35         Office of Adoption and Child Protection; amending s.
   36         39.8298, F.S.; providing for future review and repeal
   37         of the Statewide Guardian Ad Litem Office’s
   38         authorization to create a direct-support organization;
   39         amending s. 250.115, F.S.; providing for future review
   40         and repeal of the direct-support organization of the
   41         Department of Military Affairs; amending s. 257.43,
   42         F.S.; providing for future review and repeal of the
   43         citizen support organization of the Division of
   44         Library and Information Services of the Department of
   45         State; amending s. 258.015, F.S.; providing for future
   46         review and repeal of provisions relating to citizen
   47         support organizations under the Division of Recreation
   48         and Parks of the Department of Environmental
   49         Protection; amending s. 259.10521, F.S.; providing for
   50         future review and repeal of the citizen support
   51         organization benefitting the Babcock Ranch Preserve;
   52         amending s. 265.703, F.S.; providing for future review
   53         and repeal of the citizen support organization of the
   54         Division of Cultural Affairs of the Department of
   55         State; amending s. 267.17, F.S.; providing for future
   56         review and repeal of the citizen support organization
   57         of the Division of Historical Resources of the
   58         Department of State; amending s. 288.1226, F.S.;
   59         providing for future review and repeal of the Florida
   60         Tourism Industry Marketing Corporation; amending s.
   61         288.809, F.S.; providing for future review and repeal
   62         of the Florida Intergovernmental Relations Foundation;
   63         amending s. 288.923, F.S.; providing for future review
   64         and repeal of the Division of Tourism Marketing of
   65         Enterprise Florida, Inc.; amending s. 292.055, F.S.;
   66         providing for future review and repeal of the direct
   67         support organization of the Department of Veterans’
   68         Affairs; amending s. 379.223, F.S.; providing for
   69         future review and repeal of the Fish and Wildlife
   70         Conservation Commission’s authorization to establish
   71         citizen support organizations; amending s. 413.0111,
   72         F.S.; providing for future review and repeal of the
   73         direct-support organization of the Division of Blind
   74         Services of the Department of Education; amending s.
   75         413.615, F.S.; providing for future review and repeal
   76         of the Florida Endowment Foundation for Vocational
   77         Rehabilitation; amending s. 430.82, F.S.; providing
   78         for future review and repeal of the Department of
   79         Elderly Affairs’ authority to establish a direct
   80         support organization; amending s. 570.903, F.S.;
   81         providing for future review and repeal of the
   82         Department of Agriculture and Consumer Services’
   83         authority to establish a direct-support organization;
   84         amending s. 570.9135, F.S.; providing for future
   85         review and repeal of Florida Beef Council, Inc.;
   86         amending s. 626.9895, F.S.; providing for future
   87         review and repeal of the Division of Insurance Fraud
   88         of the Department of Financial Services’ authority to
   89         establish a direct-support organization; amending s.
   90         683.231, F.S.; providing for future review and repeal
   91         of the Department of Law Enforcement’s authority to
   92         establish a citizen support organization for Florida
   93         Missing Children’s Day; amending s. 744.7082, F.S.;
   94         providing for future review and repeal of the direct
   95         support organization supporting the Statewide Public
   96         Guardianship Office; amending s. 893.055, F.S.;
   97         providing for future review and repeal of the
   98         Department of Health’s authority to establish a
   99         direct-support organization supporting the
  100         prescription drug monitoring program; amending s.
  101         944.802, F.S.; providing for future review and repeal
  102         of the Department of Corrections’ authority to
  103         establish a direct-support organization; amending s.
  104         960.002, F.S.; providing for future review and repeal
  105         of the Governor’s authority to authorize a direct
  106         support organization to assist victims of adult and
  107         juvenile crime; amending s. 985.672, F.S.; providing
  108         for future review and repeal of the Department of
  109         Juvenile Justice’s direct-support organization;
  110         amending s. 1009.983, F.S.; providing for future
  111         review and repeal of the Florida Prepaid College
  112         Board’s authority to establish a direct-support
  113         organization; providing an effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Subsections (9), (10), (11), (12), (13), (14),
  118  and (15) of section 14.29, Florida Statutes, are amended to
  119  read:
  120         14.29 Florida Commission on Community Service.—
  121         (9)(a) The commission may establish a direct-support
  122  organization which is:
  123         1.(a) A Florida corporation, not for profit, incorporated
  124  under the provisions of chapter 617 and approved by the
  125  Secretary of State.
  126         2.(b) Organized and operated exclusively to receive, hold,
  127  invest, and administer property and funds and to make
  128  expenditures to or for the benefit of the program.
  129         3.(c) An organization which the commission, after review,
  130  has certified to be operating in a manner consistent with the
  131  goals of the program and in the best interests of the state.
  132         (b)(10) The direct-support organization shall operate under
  133  written contract with the commission. The contract must provide
  134  for:
  135         1.(a) Approval of the articles of incorporation and bylaws
  136  of the direct-support organization by the commission.
  137         2.(b) Submission of an annual budget for the approval of
  138  the commission. The budget must comply with rules adopted by the
  139  commission.
  140         3.(c) Certification by the commission that the direct
  141  support organization is complying with the terms of the contract
  142  and in a manner consistent with the goals and purposes of the
  143  commission and in the best interest of the state. Such
  144  certification must be made annually and reported in the official
  145  minutes of a meeting of the commission.
  146         4.(d) The reversion to the commission, or the state if the
  147  commission ceases to exist, of moneys and property held in trust
  148  by the direct-support organization if the direct-support
  149  organization is no longer approved to operate for the commission
  150  or the commission ceases to exist.
  151         5.(e) The fiscal year of the direct-support organization,
  152  to begin July 1 of each year and end June 30 of the following
  153  year.
  154         6.(f) The disclosure of material provisions of the contract
  155  and the distinction between the board of directors and the
  156  direct-support organization to donors of gifts, contributions,
  157  or bequests, as well as on all promotional and fundraising
  158  publications.
  159         (c)(11) The members of the direct-support organization’s
  160  board of directors must include members of the commission.
  161         (d)(12) The commission may authorize a direct-support
  162  organization to use its personal services, facilities, and
  163  property, (except money), facilities, and personal services,
  164  subject to the provisions of this section. A direct-support
  165  organization that does not provide equal employment
  166  opportunities to all persons regardless of race, color,
  167  religion, sex, age, or national origin may not use the property,
  168  facilities, or personal services of the commission. For the
  169  purposes of this subsection, the term “personal services”
  170  includes full-time personnel and part-time personnel as well as
  171  payroll processing.
  172         (e)(13) The commission shall adopt rules prescribing the
  173  procedures by which the direct-support organization is governed
  174  and any conditions with which the direct-support organization
  175  must comply to use property, facilities, or personal services of
  176  the commission.
  177         (f)(14) Moneys of the direct-support organization may be
  178  held in a separate depository account in the name of the direct
  179  support organization and subject to the provisions of the
  180  contract with the commission. Such moneys may include membership
  181  fees, private donations, income derived from fundraising
  182  activities, and grants applied for and received by the direct
  183  support organization.
  184         (g)(15) The direct-support organization shall provide for
  185  an annual financial audit in accordance with s. 215.981.
  186         (h) This subsection is repealed effective October 1, 2018,
  187  unless reviewed and saved from repeal by the Legislature.
  188         Section 2. Subsection (7) is added to section 16.616,
  189  Florida Statutes, to read:
  190         16.616 Direct-support organization.—
  191         (7) This section is repealed October 1, 2018, unless
  192  reviewed and saved from repeal by the Legislature.
  193         Section 3. Section 20.058, Florida Statutes, is created to
  194  read:
  195         20.058 Citizen support and direct-support organizations.—
  196         (1) By August 1 of each year, a citizen support
  197  organization or direct-support organization created or
  198  authorized pursuant to law or executive order and created,
  199  approved, or administered by an agency, shall submit the
  200  following information to the appropriate agency:
  201         (a) The name, mailing address, telephone number, and
  202  website address of the organization.
  203         (b) The statutory authority or executive order pursuant to
  204  which the organization was created.
  205         (c) A brief description of the mission of, and results
  206  obtained by, the organization.
  207         (d) A brief description of the plans of the organization
  208  for the next 3 fiscal years.
  209         (e) A copy of the organization’s code of ethics.
  210         (f) A copy of the organization’s most recent federal
  211  Internal Revenue Service Return of Organization Exempt from
  212  Income Tax form (Form 990).
  213         (g) For the prior fiscal year, the current fiscal year, and
  214  the next fiscal year:
  215         1. The amount and source of revenue generated or projected
  216  to be generated by the organization;
  217         2. The amounts and purposes of expenditures or projected
  218  expenditures by the organization, including specific amounts, if
  219  any, spent or projected to be incurred to lobby the executive or
  220  legislative branch of state government and specific amounts, if
  221  any, spent or projected to be incurred for travel or
  222  entertainment expenses for state or local public officers and
  223  employees;
  224         3. The value of capital improvements made, if any, to state
  225  property which has been funded or projected to be funded by the
  226  organization;
  227         4. The amount, if any, of any state or federal funds
  228  provided to the organization; and
  229         5. The names of, and compensation for, the organization’s
  230  officers, directors, employees, and independent contractors.
  231         (2) Each agency receiving information from a citizen
  232  support organization or direct-support organization pursuant to
  233  subsection (1) shall make such information available to the
  234  public through the agency’s website. If the organization
  235  maintains a website, the agency’s website must provide a link to
  236  the organization’s website.
  237         (3) By August 15 of each year, each agency shall report to
  238  the Governor, the President of the Senate, the Speaker of the
  239  House of Representatives, and the Office of Program Policy
  240  Analysis and Government Accountability the information provided
  241  by each citizen-support organization and direct support
  242  organization. The report must also include a recommendation by
  243  the agency, with supporting rationale, to continue, terminate,
  244  or modify the agency’s association with each organization.
  245         (4) Any contract between an agency and a citizen support
  246  organization or direct-support organization must be contingent
  247  upon the organization’s submission and posting of information
  248  pursuant to subsections (1) and (2). If an organization fails to
  249  submit the required information for 2 consecutive years, the
  250  agency head shall terminate any contract between the agency and
  251  the organization.
  252         (5) A law creating, or authorizing the creation of, a
  253  citizen support organization or a direct-support organization
  254  must state that the creation of or authorization for the
  255  organization is repealed on October 1 of the 5th year after
  256  reenactment, unless reviewed and saved from repeal through
  257  reenactment by the Legislature. Citizen support organizations
  258  and direct-support organizations in existence on July 1, 2014,
  259  must be reviewed by the Legislature by July 1, 2019.
  260         Section 4. Subsection (6) is added to section 20.2551,
  261  Florida Statutes, to read:
  262         20.2551 Citizen support organizations; use of property;
  263  audit; public records; partnerships.—
  264         (6) REPEAL.—This section is repealed October 1, 2019,
  265  unless reviewed and saved from repeal by the Legislature.
  266         Section 5. Subsection (5) is added to section 39.0011,
  267  Florida Statutes, to read:
  268         39.0011 Direct-support organization.—
  269         (5) This section is repealed October 1, 2017, unless
  270  reviewed and saved from repeal by the Legislature.
  271         Section 6. Subsection (8) is added to section 39.8298,
  272  Florida Statutes, to read:
  273         39.8298 Guardian Ad Litem direct-support organization.—
  274         (8) REPEAL.—This section is repealed October 1, 2018,
  275  unless reviewed and saved from repeal by the Legislature.
  276         Section 7. Subsection (8) is added to section 250.115,
  277  Florida Statutes, to read:
  278         250.115 Department of Military Affairs direct-support
  279  organization.—
  280         (8) REPEAL.—This section is repealed October 1, 2017,
  281  unless reviewed and saved from repeal by the Legislature.
  282         Section 8. Subsection (4) is added to section 257.43,
  283  Florida Statutes, to read:
  284         257.43 Citizen support organization; use of state
  285  administrative services and property; audit.—
  286         (4) REPEAL.—This section is repealed October 1, 2019,
  287  unless reviewed and saved from repeal by the Legislature.
  288         Section 9. Subsection (4) is added to section 258.015,
  289  Florida Statutes, to read:
  290         258.015 Citizen support organizations; use of property;
  291  audit.—
  292         (4) REPEAL.—This section is repealed October 1, 2019,
  293  unless reviewed and saved from repeal by the Legislature.
  294         Section 10. Subsection (4) is added to section 259.10521,
  295  Florida Statutes, to read:
  296         259.10521 Citizen support organization; use of property.—
  297         (4) REPEAL.—This section is repealed October 1, 2019,
  298  unless reviewed and saved from repeal by the Legislature.
  299         Section 11. Subsection (4) is added to section 265.703,
  300  Florida Statutes, to read:
  301         265.703 Citizen support organizations; use of state
  302  administrative services and property; audit.—
  303         (4) REPEAL.—This section is repealed October 1, 2019,
  304  unless reviewed and saved from repeal by the Legislature.
  305         Section 12. Subsection (4) is added to section 267.17,
  306  Florida Statutes, to read:
  307         267.17 Citizen support organizations; use of state
  308  administrative services and property; audit.—
  309         (4) REPEAL.—This section is repealed October 1, 2019,
  310  unless reviewed and saved from repeal by the Legislature.
  311         Section 13. Subsections (7) and (8) of section 288.1226,
  312  Florida Statutes, are amended, and a new subsection (9) is added
  313  to that section, to read:
  314         288.1226 Florida Tourism Industry Marketing Corporation;
  315  use of property; board of directors; duties; audit.—
  316         (7) REPORT.—The corporation shall provide a quarterly
  317  report to Enterprise Florida, Inc., which shall:
  318         (a) Measure the current vitality of the visitor industry of
  319  this state as compared to the vitality of such industry for the
  320  year to date and for comparable quarters of past years.
  321  Indicators of vitality shall be determined by Enterprise
  322  Florida, Inc., and shall include, but not be limited to,
  323  estimated visitor count and party size, length of stay, average
  324  expenditure per party, and visitor origin and destination.
  325         (b) Provide detailed, unaudited financial statements of
  326  sources and uses of public and private funds.
  327         (c) Measure progress towards annual goals and objectives
  328  set forth in the 4-year marketing plan.
  329         (d) Review all pertinent research findings.
  330         (e) Provide other measures of accountability as requested
  331  by Enterprise Florida, Inc.
  332         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  333  who responds to a marketing project or advertising research
  334  project conducted by the corporation in the performance of its
  335  duties on behalf of Enterprise Florida, Inc., or trade secrets
  336  as defined by s. 812.081 obtained pursuant to such activities,
  337  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  338  Constitution.
  339         (9) REPEAL.—This section is repealed October 1, 2019,
  340  unless reviewed and saved from repeal by the Legislature.
  341         Section 14. Subsection (5) is added to section 288.809,
  342  Florida Statutes, to read:
  343         288.809 Florida Intergovernmental Relations Foundation; use
  344  of property; board of directors; audit.—
  345         (5) REPEAL.—This section is repealed October 1, 2019,
  346  unless reviewed and saved from repeal by the Legislature.
  347         Section 15. Subsection (6) is added to section 288.923,
  348  Florida Statutes, to read:
  349         288.923 Division of Tourism Marketing; definitions;
  350  responsibilities.—
  351         (6) This section is repealed October 1, 2019, unless
  352  reviewed and saved from repeal by the Legislature.
  353         Section 16. Subsection (10) is added to section 292.055,
  354  Florida Statutes, to read:
  355         292.055 Direct-support organization.—
  356         (10) REPEAL.—This section is repealed October 1, 2017,
  357  unless reviewed and saved from repeal by the Legislature.
  358         Section 17. Subsection (4) is added to section 379.223,
  359  Florida Statutes, to read:
  360         379.223 Citizen support organizations; use of state
  361  property; audit.—
  362         (4) This section is repealed October 1, 2019, unless
  363  reviewed and saved from repeal by the Legislature.
  364         Section 18. Subsection (7) is added to section 413.0111,
  365  Florida Statutes, to read:
  366         413.0111 Blind services direct-support organization.—
  367         (7) This section is repealed October 1, 2017, unless
  368  reviewed and saved from repeal by the Legislature.
  369         Section 19. Subsection (14) is added to section 413.615,
  370  Florida Statutes, to read:
  371         413.615 Florida Endowment for Vocational Rehabilitation.—
  372         (14) REPEAL.—This section is repealed October 1, 2017,
  373  unless reviewed and saved from repeal by the Legislature.
  374         Section 20. Subsection (9) is added to section 430.82,
  375  Florida Statutes, to read:
  376         430.82 Direct-support organization.—
  377         (9) This section is repealed October 1, 2017, unless
  378  reviewed and saved from repeal by the Legislature.
  379         Section 21. Subsection (10) is added to section 570.903,
  380  Florida Statutes, to read:
  381         570.903 Direct-support organization.—
  382         (10) This section is repealed October 1, 2019, unless
  383  reviewed and saved from repeal by the Legislature.
  384         Section 22. Subsection (14) is added to section 570.9135,
  385  Florida Statutes, to read:
  386         570.9135 Beef Market Development Act; definitions; Florida
  387  Beef Council, Inc., creation, purposes, governing board, powers,
  388  and duties; referendum on assessments imposed on gross receipts
  389  from cattle sales; payments to organizations for services;
  390  collecting and refunding assessments; vote on continuing the
  391  act; council bylaws.—
  392         (14) REPEAL.—This section is repealed October 1, 2019,
  393  unless reviewed and saved from repeal by the Legislature.
  394         Section 23. Subsection (9) is added to section 626.9895,
  395  Florida Statutes, to read:
  396         626.9895 Motor vehicle insurance fraud direct-support
  397  organization.—
  398         (9) REPEAL.—This section is repealed October 1, 2019,
  399  unless reviewed and saved from repeal by the Legislature.
  400         Section 24. Subsection (8) is added to section 683.231,
  401  Florida Statutes, to read:
  402         683.231 Citizen support organization for Florida Missing
  403  Children’s Day.—
  404         (8) This section is repealed October 1, 2018, unless
  405  reviewed and saved from repeal by the Legislature.
  406         Section 25. Subsection (9) is added to section 744.7082,
  407  Florida Statutes, to read:
  408         744.7082 Direct-support organization; definition; use of
  409  property; board of directors; audit; dissolution.—
  410         (9) REPEAL.—This section is repealed October 1, 2018,
  411  unless reviewed and saved from repeal by the Legislature.
  412         Section 26. Paragraph (k) is added to subsection (11) of
  413  section 893.055, Florida Statutes, to read:
  414         893.055 Prescription drug monitoring program.—
  415         (11) The department may establish a direct-support
  416  organization that has a board consisting of at least five
  417  members to provide assistance, funding, and promotional support
  418  for the activities authorized for the prescription drug
  419  monitoring program.
  420         (k) This subsection is repealed October 1, 2017, unless
  421  reviewed and saved from repeal by the Legislature.
  422         Section 27. Subsection (4) is added to section 944.802,
  423  Florida Statutes, to read:
  424         944.802 Direct-support organization; definition; use of
  425  property; board of directors; audit.—
  426         (4) REPEAL.—This section is repealed October 1, 2018,
  427  unless reviewed and saved from repeal by the Legislature.
  428         Section 28. Subsection (6) is added to section 960.002,
  429  Florida Statutes, to read:
  430         960.002 Direct-support organization to assist victims of
  431  adult and juvenile crime.—
  432         (6) This section is repealed October 1, 2018, unless
  433  reviewed and saved from repeal by the Legislature.
  434         Section 29. Subsections (5) and (6) of section 985.672,
  435  Florida Statutes, are amended, and a new subsection (7) is added
  436  to that section, to read:
  437         985.672 Direct-support organization; definition; use of
  438  property; board of directors; audit.—
  439         (5) DEPOSIT OF FUNDS.—Any moneys may be held in a separate
  440  depository account in the name of the direct-support
  441  organization and subject to the provisions of the contract with
  442  the department.
  443         (6) AUDIT.—The direct-support organization shall provide
  444  for an annual financial audit in accordance with s. 215.981.
  445         (7) REPEAL.—This section is repealed October 1, 2018,
  446  unless reviewed and saved from repeal by the Legislature.
  447         Section 30. Subsection (9) is added to section 1009.983,
  448  Florida Statutes, to read:
  449         1009.983 Direct-support organization; authority.—
  450         (9) This section is repealed October 1, 2017, unless
  451  reviewed and saved from repeal by the Legislature.
  452         Section 31. This act shall take effect upon becoming a law.