Florida Senate - 2018 SB 222 By Senator Bean 4-00290-18 2018222__ 1 A bill to be entitled 2 An act relating to the guardian ad litem direct 3 support organization; amending s. 39.8298, F.S.; 4 abrogating the future repeal of provisions related to 5 the guardian ad litem direct-support organization; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (8) of section 39.8298, Florida 11 Statutes, is amended, and subsections (1) through (7) of that 12 section are republished, to read: 13 39.8298 Guardian ad litem direct-support organization.— 14 (1) AUTHORITY.—The Statewide Guardian Ad Litem Office 15 created under s. 39.8296 is authorized to create a direct 16 support organization. 17 (a) The direct-support organization must be a Florida 18 corporation not for profit, incorporated under the provisions of 19 chapter 617. The direct-support organization shall be exempt 20 from paying fees under s. 617.0122. 21 (b) The direct-support organization shall be organized and 22 operated to conduct programs and activities; raise funds; 23 request and receive grants, gifts, and bequests of moneys; 24 acquire, receive, hold, invest, and administer, in its own name, 25 securities, funds, objects of value, or other property, real or 26 personal; and make expenditures to or for the direct or indirect 27 benefit of the Statewide Guardian Ad Litem Office. 28 (c) If the executive director of the Statewide Guardian Ad 29 Litem Office determines the direct-support organization is 30 operating in a manner that is inconsistent with the goals and 31 purposes of the Statewide Guardian Ad Litem Office or not acting 32 in the best interest of the state, the executive director may 33 terminate the contract and thereafter the organization may not 34 use the name of the Statewide Guardian Ad Litem Office. 35 (2) CONTRACT.—The direct-support organization shall operate 36 under a written contract with the Statewide Guardian Ad Litem 37 Office. The written contract must, at a minimum, provide for: 38 (a) Approval of the articles of incorporation and bylaws of 39 the direct-support organization by the executive director of the 40 Statewide Guardian Ad Litem Office. 41 (b) Submission of an annual budget for the approval by the 42 executive director of the Statewide Guardian Ad Litem Office. 43 (c) The reversion without penalty to the Statewide Guardian 44 Ad Litem Office, or to the state if the Statewide Guardian Ad 45 Litem Office ceases to exist, of all moneys and property held in 46 trust by the direct-support organization for the Statewide 47 Guardian Ad Litem Office if the direct-support organization 48 ceases to exist or if the contract is terminated. 49 (d) The fiscal year of the direct-support organization, 50 which must begin July 1 of each year and end June 30 of the 51 following year. 52 (e) The disclosure of material provisions of the contract 53 and the distinction between the Statewide Guardian Ad Litem 54 Office and the direct-support organization to donors of gifts, 55 contributions, or bequests, as well as on all promotional and 56 fundraising publications. 57 (3) BOARD OF DIRECTORS.—The executive director of the 58 Statewide Guardian Ad Litem Office shall appoint a board of 59 directors for the direct-support organization. The executive 60 director may designate employees of the Statewide Guardian Ad 61 Litem Office to serve on the board of directors. Members of the 62 board shall serve at the pleasure of the executive director. 63 (4) USE OF PROPERTY AND SERVICES.—The executive director of 64 the Statewide Guardian Ad Litem Office: 65 (a) May authorize the use of facilities and property other 66 than money that are owned by the Statewide Guardian Ad Litem 67 Office to be used by the direct-support organization. 68 (b) May authorize the use of personal services provided by 69 employees of the Statewide Guardian Ad Litem Office. For the 70 purposes of this section, the term “personal services” includes 71 full-time personnel and part-time personnel as well as payroll 72 processing. 73 (c) May prescribe the conditions by which the direct 74 support organization may use property, facilities, or personal 75 services of the office. 76 (d) Shall not authorize the use of property, facilities, or 77 personal services of the direct-support organization if the 78 organization does not provide equal employment opportunities to 79 all persons, regardless of race, color, religion, sex, age, or 80 national origin. 81 (5) MONEYS.—Moneys of the direct-support organization may 82 be held in a separate depository account in the name of the 83 direct-support organization and subject to the provisions of the 84 contract with the Statewide Guardian Ad Litem Office. 85 (6) ANNUAL AUDIT.—The direct-support organization shall 86 provide for an annual financial audit in accordance with s. 87 215.981. 88 (7) LIMITS ON DIRECT-SUPPORT ORGANIZATION.—The direct 89 support organization shall not exercise any power under s. 90 617.0302(12) or (16). No state employee shall receive 91 compensation from the direct-support organization for service on 92 the board of directors or for services rendered to the direct 93 support organization. 94
(8) REPEAL.—This section is repealed October 1, 2018,95 unless reviewed and saved from repeal by the Legislature.96 Section 2. This act shall take effect upon becoming a law.