Florida Senate - 2017                                    SB 1204
       By Senator Montford
       3-00299-17                                            20171204__
    1                        A bill to be entitled                      
    2         An act relating to district school board direct
    3         support organizations; amending s. 1001.453, F.S.;
    4         authorizing a district school board to contract with a
    5         district school board direct-support organization for
    6         personal services or operations; providing for annual
    7         review of certain district school board direct-support
    8         organizations; authorizing district school boards to
    9         contract with vendors for annual audits of district
   10         school board direct-support organizations; making
   11         technical changes; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsections (2) and (4) of section 1001.453,
   16  Florida Statutes, are amended to read:
   17         1001.453 Direct-support organization; use of property;
   18  board of directors; audit.—
   19         (2) USE OF PROPERTY.—A district school board:
   20         (a) Is authorized to permit the use of property,
   21  facilities, and personal services of the district by a district
   22  school board direct-support organization, as provided in subject
   23  to the provisions of this section, or to contract with a
   24  district school board direct-support organization for personal
   25  services or operations.
   26         (b) Shall prescribe by rule conditions with which a
   27  district school board direct-support organization must comply in
   28  order to use property, facilities, or personal services of the
   29  district. Adoption of such rules shall be coordinated with the
   30  Department of Education. The rules shall provide for budget and
   31  audit review and oversight by the district school board and the
   32  department.
   33         (c) May Shall not permit the use of property, facilities,
   34  or personal services by of a district school board direct
   35  support organization if the such organization does not provide
   36  equal employment opportunities to all persons, regardless of
   37  race, color, religion, sex, age, or national origin.
   38         (4) ANNUAL REVIEW OR AUDIT.—Each district school board
   39  direct-support organization with more than $100,000, but less
   40  than $250,000, in expenditures or expenses shall provide for an
   41  annual financial review or audit of its accounts and records.
   42  Each district school board direct-support organization with
   43  $250,000 or more in expenditures or expenses shall provide for
   44  an annual audit of its accounts and records. Reviews or audits
   45  must, to be conducted by an independent certified public
   46  accountant in accordance with rules adopted by the Auditor
   47  General pursuant to s. 11.45(8) and the Commissioner of
   48  Education. The district school board may contract with a vendor
   49  for an annual review or audit of the district school board
   50  direct-support organization. The annual audit report shall be
   51  submitted within 9 months after the fiscal year’s end to the
   52  district school board and the Auditor General. The Commissioner
   53  of Education, the Auditor General, and the Office of Program
   54  Policy Analysis and Government Accountability have the authority
   55  to require and receive from the organization or the district
   56  auditor any records relative to the operation of the
   57  organization. The identity of donors and all information
   58  identifying donors and prospective donors are confidential and
   59  exempt from the provisions of s. 119.07(1), and that anonymity
   60  shall be maintained in the auditor’s report. All other records
   61  and information shall be considered public records for the
   62  purposes of chapter 119.
   63         Section 2. This act shall take effect July 1, 2017.