Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7034
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-01717-14                                          20147034__
    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 future review and repeal; requiring that citizen
   27         support organizations or direct-support organizations
   28         in existence as of a certain date be subject to future
   29         legislative review and repeal; amending s. 20.2551,
   30         F.S.; providing for future review and repeal of the
   31         citizen support organization established within the
   32         Department of Environmental Protection; amending s.
   33         39.0011, F.S.; providing for future review and repeal
   34         of the direct-support organization of the Office of
   35         Adoption and Child Protection; amending s. 39.8298,
   36         F.S.; providing for future review and repeal of the
   37         Statewide Guardian Ad Litem Office’s authorization to
   38         create a direct-support organization; amending s.
   39         250.115, F.S.; providing for future review and repeal
   40         of the direct-support organization of the Department
   41         of Military Affairs; amending s. 259.10521, F.S.;
   42         providing for future review and repeal of the citizen
   43         support organization benefitting the Babcock Ranch
   44         Preserve; amending s. 265.703, F.S.; providing for
   45         future review and repeal of the citizen support
   46         organization of the Division of Cultural Affairs of
   47         the Department of State; amending s. 288.1226, F.S.;
   48         providing for future review and repeal of the Florida
   49         Tourism Industry Marketing Corporation; amending s.
   50         288.809, F.S.; providing for future review and repeal
   51         of the Florida Intergovernmental Relations Foundation;
   52         amending s. 288.923, F.S.; providing for future review
   53         and repeal of the Division of Tourism Marketing of
   54         Enterprise Florida, Inc.; amending s. 292.055, F.S.;
   55         providing for future review and repeal of the direct
   56         support organization of the Department of Veterans’
   57         Affairs; amending s. 413.0111, F.S.; providing for
   58         future review and repeal of the direct-support
   59         organization of the Division of Blind Services of the
   60         Department of Education; amending s. 413.615, F.S.;
   61         providing for future review and repeal of the Florida
   62         Endowment Foundation for Vocational Rehabilitation;
   63         amending s. 430.82, F.S.; providing for future review
   64         and repeal of the Department of Elderly Affairs’
   65         authority to establish a direct-support organization;
   66         amending s. 570.903, F.S.; providing for future review
   67         and repeal of the Department of Agriculture and
   68         Consumer Services’ authority to establish a direct
   69         support organization; amending s. 570.9135, F.S.;
   70         providing for future review and repeal of Florida Beef
   71         Council, Inc.; amending s. 626.9895, F.S.; providing
   72         for future review and repeal of the Division of
   73         Insurance Fraud of the Department of Financial
   74         Services’ authority to establish a direct-support
   75         organization; amending s. 683.231, F.S.; providing for
   76         future review and repeal of the Department of Law
   77         Enforcement’s authority to establish a citizen support
   78         organization for Florida Missing Children’s Day;
   79         amending s. 744.7082, F.S.; providing for future
   80         review and repeal of the direct-support organization
   81         supporting the Statewide Public Guardianship Office;
   82         amending s. 893.055, F.S.; providing for future review
   83         and repeal of the Department of Health’s authority to
   84         establish a direct-support organization supporting the
   85         prescription drug monitoring program; amending s.
   86         944.802, F.S.; providing for future review and repeal
   87         of the Department of Corrections’ authority to
   88         establish a direct-support organization; amending s.
   89         960.002, F.S.; providing for future review and repeal
   90         of the Governor’s authority to authorize a direct
   91         support organization to assist victims of adult and
   92         juvenile crime; amending s. 985.672, F.S.; providing
   93         for future review and repeal of the Department of
   94         Juvenile Justice’s direct-support organization;
   95         amending s. 1009.983, F.S.; providing for future
   96         review and repeal of the Florida Prepaid College
   97         Board’s authority to establish a direct-support
   98         organization; providing an effective date.
   99          
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Subsections (9), (10), (11), (12), (13), (14),
  103  and (15) of section 14.29, Florida Statutes, are amended to
  104  read:
  105         14.29 Florida Commission on Community Service.—
  106         (9)(a) The commission may establish a direct-support
  107  organization which is:
  108         1.(a) A Florida corporation, not for profit, incorporated
  109  under the provisions of chapter 617 and approved by the
  110  Secretary of State.
  111         2.(b) Organized and operated exclusively to receive, hold,
  112  invest, and administer property and funds and to make
  113  expenditures to or for the benefit of the program.
  114         3.(c) An organization which the commission, after review,
  115  has certified to be operating in a manner consistent with the
  116  goals of the program and in the best interests of the state.
  117         (b)(10) The direct-support organization shall operate under
  118  written contract with the commission. The contract must provide
  119  for:
  120         1.(a) Approval of the articles of incorporation and bylaws
  121  of the direct-support organization by the commission.
  122         2.(b) Submission of an annual budget for the approval of
  123  the commission. The budget must comply with rules adopted by the
  124  commission.
  125         3.(c) Certification by the commission that the direct
  126  support organization is complying with the terms of the contract
  127  and in a manner consistent with the goals and purposes of the
  128  commission and in the best interest of the state. Such
  129  certification must be made annually and reported in the official
  130  minutes of a meeting of the commission.
  131         4.(d) The reversion to the commission, or the state if the
  132  commission ceases to exist, of moneys and property held in trust
  133  by the direct-support organization if the direct-support
  134  organization is no longer approved to operate for the commission
  135  or the commission ceases to exist.
  136         5.(e) The fiscal year of the direct-support organization,
  137  to begin July 1 of each year and end June 30 of the following
  138  year.
  139         6.(f) The disclosure of material provisions of the contract
  140  and the distinction between the board of directors and the
  141  direct-support organization to donors of gifts, contributions,
  142  or bequests, as well as on all promotional and fundraising
  143  publications.
  144         (c)(11) The members of the direct-support organization’s
  145  board of directors must include members of the commission.
  146         (d)(12) The commission may authorize a direct-support
  147  organization to use its personal services, facilities, and
  148  property, (except money), facilities, and personal services,
  149  subject to the provisions of this section. A direct-support
  150  organization that does not provide equal employment
  151  opportunities to all persons regardless of race, color,
  152  religion, sex, age, or national origin may not use the property,
  153  facilities, or personal services of the commission. For the
  154  purposes of this subsection, the term “personal services”
  155  includes full-time personnel and part-time personnel as well as
  156  payroll processing.
  157         (e)(13) The commission shall adopt rules prescribing the
  158  procedures by which the direct-support organization is governed
  159  and any conditions with which the direct-support organization
  160  must comply to use property, facilities, or personal services of
  161  the commission.
  162         (f)(14) Moneys of the direct-support organization may be
  163  held in a separate depository account in the name of the direct
  164  support organization and subject to the provisions of the
  165  contract with the commission. Such moneys may include membership
  166  fees, private donations, income derived from fundraising
  167  activities, and grants applied for and received by the direct
  168  support organization.
  169         (g)(15) The direct-support organization shall provide for
  170  an annual financial audit in accordance with s. 215.981.
  171         (h) This subsection is repealed effective October 1, 2018,
  172  unless reviewed and saved from repeal by the Legislature.
  173         Section 2. Subsection (7) is added to section 16.616,
  174  Florida Statutes, to read:
  175         16.616 Direct-support organization.—
  176         (7) This section is repealed October 1, 2018, unless
  177  reviewed and saved from repeal by the Legislature.
  178         Section 3. Section 20.058, Florida Statutes, is created to
  179  read:
  180         20.058 Citizen support and direct-support organizations.—
  181         (1) By August 1 of each year, a citizen support
  182  organization or direct-support organization created or
  183  authorized pursuant to law or executive order and created,
  184  approved, or administered by an agency, shall submit the
  185  following information to the appropriate agency:
  186         (a) The name, mailing address, telephone number, and
  187  website address of the organization.
  188         (b) The statutory authority or executive order pursuant to
  189  which the organization was created.
  190         (c) A brief description of the mission of, and results
  191  obtained by, the organization.
  192         (d) A brief description of the plans of the organization
  193  for the next 3 fiscal years.
  194         (e) A copy of the organization’s code of ethics.
  195         (f) A copy of the organization’s most recent federal
  196  Internal Revenue Service Return of Organization Exempt from
  197  Income Tax form (Form 990).
  198         (g) For the prior fiscal year, the current fiscal year, and
  199  the next fiscal year:
  200         1. The amount and source of revenue generated or projected
  201  to be generated by the organization;
  202         2. The amounts and purposes of expenditures or projected
  203  expenditures by the organization, including specific amounts, if
  204  any, spent or projected to be incurred to lobby the executive or
  205  legislative branch of state government and specific amounts, if
  206  any, spent or projected to be incurred for travel or
  207  entertainment expenses for state or local public officers and
  208  employees;
  209         3. The value of capital improvements made, if any, to state
  210  property which has been funded or projected to be funded by the
  211  organization;
  212         4. The amount, if any, of any state or federal funds
  213  provided to the organization; and
  214         5. The names of, and compensation for, the organization’s
  215  officers, directors, employees, and independent contractors.
  216         (2) Each agency receiving information from a citizen
  217  support organization or direct-support organization pursuant to
  218  subsection (1) shall make such information available to the
  219  public through the agency’s website. If the organization
  220  maintains a website, the agency’s website must provide a link to
  221  the organization’s website.
  222         (3) By August 15 of each year, each agency shall report to
  223  the Governor, the President of the Senate, the Speaker of the
  224  House of Representatives, and the Office of Program Policy
  225  Analysis and Government Accountability the information provided
  226  by each citizen-support organization and direct support
  227  organization. The report must also include a recommendation by
  228  the agency, with supporting rationale, to continue, terminate,
  229  or modify the agency’s association with each organization.
  230         (4) Any contract between an agency and a citizen support
  231  organization or direct-support organization must be contingent
  232  upon the organization’s submission and posting of information
  233  pursuant to subsections (1) and (2). If an organization fails to
  234  submit the required information for 2 consecutive years, the
  235  agency head shall terminate any contract between the agency and
  236  the organization.
  237         (5) A law creating, or authorizing the creation of, a
  238  citizen support organization or a direct-support organization
  239  shall be repealed on October 1 of the 5th year after enactment,
  240  unless reviewed and saved from repeal through reenactment by the
  241  Legislature. A law creating, or authorizing the creation of, a
  242  citizen support organization or direct-support organization that
  243  is in existence on July 1, 2014, shall be repealed on October 1,
  244  2019, unless reviewed and saved from repeal through reenactment
  245  by the Legislature.
  246         Section 4. Subsection (6) is added to section 20.2551,
  247  Florida Statutes, to read:
  248         20.2551 Citizen support organizations; use of property;
  249  audit; public records; partnerships.—
  250         (6) REPEAL.—This section is repealed October 1, 2019,
  251  unless reviewed and saved from repeal by the Legislature.
  252         Section 5. Subsection (5) is added to section 39.0011,
  253  Florida Statutes, to read:
  254         39.0011 Direct-support organization.—
  255         (5) This section is repealed October 1, 2017, unless
  256  reviewed and saved from repeal by the Legislature.
  257         Section 6. Subsection (8) is added to section 39.8298,
  258  Florida Statutes, to read:
  259         39.8298 Guardian Ad Litem direct-support organization.—
  260         (8) REPEAL.—This section is repealed October 1, 2018,
  261  unless reviewed and saved from repeal by the Legislature.
  262         Section 7. Subsection (8) is added to section 250.115,
  263  Florida Statutes, to read:
  264         250.115 Department of Military Affairs direct-support
  265  organization.—
  266         (8) REPEAL.—This section is repealed October 1, 2017,
  267  unless reviewed and saved from repeal by the Legislature.
  268         Section 8. Subsection (4) is added to section 259.10521,
  269  Florida Statutes, to read:
  270         259.10521 Citizen support organization; use of property.—
  271         (4) REPEAL.—This section is repealed October 1, 2019,
  272  unless reviewed and saved from repeal by the Legislature.
  273         Section 9. Subsection (4) is added to section 265.703,
  274  Florida Statutes, to read:
  275         265.703 Citizen support organizations; use of state
  276  administrative services and property; audit.—
  277         (4) REPEAL.—This section is repealed October 1, 2019,
  278  unless reviewed and saved from repeal by the Legislature.
  279         Section 10. Subsections (7) and (8) of section 288.1226,
  280  Florida Statutes, are amended, and a new subsection (9) is added
  281  to that section, to read:
  282         288.1226 Florida Tourism Industry Marketing Corporation;
  283  use of property; board of directors; duties; audit.—
  284         (7) REPORT.—The corporation shall provide a quarterly
  285  report to Enterprise Florida, Inc., which shall:
  286         (a) Measure the current vitality of the visitor industry of
  287  this state as compared to the vitality of such industry for the
  288  year to date and for comparable quarters of past years.
  289  Indicators of vitality shall be determined by Enterprise
  290  Florida, Inc., and shall include, but not be limited to,
  291  estimated visitor count and party size, length of stay, average
  292  expenditure per party, and visitor origin and destination.
  293         (b) Provide detailed, unaudited financial statements of
  294  sources and uses of public and private funds.
  295         (c) Measure progress towards annual goals and objectives
  296  set forth in the 4-year marketing plan.
  297         (d) Review all pertinent research findings.
  298         (e) Provide other measures of accountability as requested
  299  by Enterprise Florida, Inc.
  300         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  301  who responds to a marketing project or advertising research
  302  project conducted by the corporation in the performance of its
  303  duties on behalf of Enterprise Florida, Inc., or trade secrets
  304  as defined by s. 812.081 obtained pursuant to such activities,
  305  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  306  Constitution.
  307         (9) REPEAL.—This section is repealed October 1, 2019,
  308  unless reviewed and saved from repeal by the Legislature.
  309         Section 11. Subsection (5) is added to section 288.809,
  310  Florida Statutes, to read:
  311         288.809 Florida Intergovernmental Relations Foundation; use
  312  of property; board of directors; audit.—
  313         (5) REPEAL.—This section is repealed October 1, 2019,
  314  unless reviewed and saved from repeal by the Legislature.
  315         Section 12. Subsection (6) is added to section 288.923,
  316  Florida Statutes, to read:
  317         288.923 Division of Tourism Marketing; definitions;
  318  responsibilities.—
  319         (6) This section is repealed October 1, 2019, unless
  320  reviewed and saved from repeal by the Legislature.
  321         Section 13. Subsection (10) is added to section 292.055,
  322  Florida Statutes, to read:
  323         292.055 Direct-support organization.—
  324         (10) REPEAL.—This section is repealed October 1, 2017,
  325  unless reviewed and saved from repeal by the Legislature.
  326         Section 14. Subsection (7) is added to section 413.0111,
  327  Florida Statutes, to read:
  328         413.0111 Blind services direct-support organization.—
  329         (7) This section is repealed October 1, 2017, unless
  330  reviewed and saved from repeal by the Legislature.
  331         Section 15. Subsection (14) is added to section 413.615,
  332  Florida Statutes, to read:
  333         413.615 Florida Endowment for Vocational Rehabilitation.—
  334         (14) REPEAL.—This section is repealed October 1, 2017,
  335  unless reviewed and saved from repeal by the Legislature.
  336         Section 16. Subsection (9) is added to section 430.82,
  337  Florida Statutes, to read:
  338         430.82 Direct-support organization.—
  339         (9) This section is repealed October 1, 2017, unless
  340  reviewed and saved from repeal by the Legislature.
  341         Section 17. Subsection (10) is added to section 570.903,
  342  Florida Statutes, to read:
  343         570.903 Direct-support organization.—
  344         (10) This section is repealed October 1, 2019, unless
  345  reviewed and saved from repeal by the Legislature.
  346         Section 18. Subsection (14) is added to section 570.9135,
  347  Florida Statutes, to read:
  348         570.9135 Beef Market Development Act; definitions; Florida
  349  Beef Council, Inc., creation, purposes, governing board, powers,
  350  and duties; referendum on assessments imposed on gross receipts
  351  from cattle sales; payments to organizations for services;
  352  collecting and refunding assessments; vote on continuing the
  353  act; council bylaws.—
  354         (14) REPEAL.—This section is repealed October 1, 2019,
  355  unless reviewed and saved from repeal by the Legislature.
  356         Section 19. Subsection (9) is added to section 626.9895,
  357  Florida Statutes, to read:
  358         626.9895 Motor vehicle insurance fraud direct-support
  359  organization.—
  360         (9) REPEAL.—This section is repealed October 1, 2019,
  361  unless reviewed and saved from repeal by the Legislature.
  362         Section 20. Subsection (8) is added to section 683.231,
  363  Florida Statutes, to read:
  364         683.231 Citizen support organization for Florida Missing
  365  Children’s Day.—
  366         (8) This section is repealed October 1, 2018, unless
  367  reviewed and saved from repeal by the Legislature.
  368         Section 21. Subsection (9) is added to section 744.7082,
  369  Florida Statutes, to read:
  370         744.7082 Direct-support organization; definition; use of
  371  property; board of directors; audit; dissolution.—
  372         (9) REPEAL.—This section is repealed October 1, 2018,
  373  unless reviewed and saved from repeal by the Legislature.
  374         Section 22. Paragraph (k) is added to subsection (11) of
  375  section 893.055, Florida Statutes, to read:
  376         893.055 Prescription drug monitoring program.—
  377         (11) The department may establish a direct-support
  378  organization that has a board consisting of at least five
  379  members to provide assistance, funding, and promotional support
  380  for the activities authorized for the prescription drug
  381  monitoring program.
  382         (k) This subsection is repealed October 1, 2017, unless
  383  reviewed and saved from repeal by the Legislature.
  384         Section 23. Subsection (4) is added to section 944.802,
  385  Florida Statutes, to read:
  386         944.802 Direct-support organization; definition; use of
  387  property; board of directors; audit.—
  388         (4) REPEAL.—This section is repealed October 1, 2018,
  389  unless reviewed and saved from repeal by the Legislature.
  390         Section 24. Subsection (6) is added to section 960.002,
  391  Florida Statutes, to read:
  392         960.002 Direct-support organization to assist victims of
  393  adult and juvenile crime.—
  394         (6) This section is repealed October 1, 2018, unless
  395  reviewed and saved from repeal by the Legislature.
  396         Section 25. Subsections (5) and (6) of section 985.672,
  397  Florida Statutes, are amended, and a new subsection (7) is added
  398  to that section, to read:
  399         985.672 Direct-support organization; definition; use of
  400  property; board of directors; audit.—
  401         (5) DEPOSIT OF FUNDS.—Any moneys may be held in a separate
  402  depository account in the name of the direct-support
  403  organization and subject to the provisions of the contract with
  404  the department.
  405         (6) AUDIT.—The direct-support organization shall provide
  406  for an annual financial audit in accordance with s. 215.981.
  407         (7) REPEAL.—This section is repealed October 1, 2018,
  408  unless reviewed and saved from repeal by the Legislature.
  409         Section 26. Subsection (9) is added to section 1009.983,
  410  Florida Statutes, to read:
  411         1009.983 Direct-support organization; authority.—
  412         (9) This section is repealed October 1, 2017, unless
  413  reviewed and saved from repeal by the Legislature.
  414         Section 27. This act shall take effect upon becoming a law.