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.
    8  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.