The Florida Senate

¹240.3315  Statewide community college direct-support organizations.--

(1)  DEFINITIONS.--For the purposes of this section:

(a)  "Statewide community college direct-support organization" means an organization that is:

1.  A Florida corporation not for profit, incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to, or for the benefit of, the Community College System in this state.

3.  An organization that the State Board of Community Colleges, after review, has certified to be operating in a manner consistent with the goals of the Community College System and in the best interest of the state. Any organization that is denied certification by the State Board of Community Colleges may not use the name of any community college.

(b)  "Personal services" includes full-time or part-time personnel as well as payroll processing.

(2)  BOARD OF DIRECTORS.--The chair of the State Board of Community Colleges may appoint a representative to the board of directors and the executive committee of any statewide, direct-support organization established under this section or s. 240.331. The chair of the State Board of Community Colleges, or the chair's designee, shall also serve on the board of directors and the executive committee of any direct-support organization established to benefit the Florida Community College System.

(3)  USE OF PROPERTY.--

(a)  The State Board of Community Colleges may permit the use of property, facilities, and personal services of the Division of Community Colleges by any statewide community college direct-support organization, subject to the provisions of this section.

(b)  The State Board of Community Colleges may prescribe by rule any condition with which a statewide community college direct-support organization must comply in order to use property, facilities, or personal services of the Division of Community Colleges.

(c)  The State Board of Community Colleges may not permit the use of property, facilities, or personal services of the Division of Community Colleges by any statewide community college direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, national origin, sex, age, or religion.

(4)  RESTRICTIONS.--

(a)  A statewide, direct-support organization may not use public funds to acquire, construct, maintain, or operate any facilities.

(b)  Any transaction or agreement between a statewide, direct-support organization and any other direct-support organization or between a statewide, direct-support organization and a center of technology innovation designated under s. 240.3335 must be approved by the State Board of Community Colleges.

(c)  A statewide community college direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee or committee of continuous existence as defined in s. 106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the State Board of Community Colleges.

(5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the State Board of Community Colleges its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).

(6)  ANNUAL AUDIT.--A statewide community college direct-support organization shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be adopted by the State Board of Community Colleges. The annual audit report shall be submitted to the Auditor General and the State Board of Community Colleges for review. The State Board of Community Colleges and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of a donor or prospective donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

History.--s. 33, ch. 89-381; s. 78, ch. 90-360; s. 1, ch. 95-130; s. 99, ch. 96-406; s. 5, ch. 98-99; s. 17, ch. 99-13; s. 3, ch. 2000-267; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.