The Florida Senate

266.0018  Direct-support organization.--

(1)  The Historic Pensacola Preservation Board of Trustees may authorize a direct-support organization to assist the board in carrying out its purposes by raising money; submitting requests for and receiving grants from the Federal Government, the state or its political subdivisions, private foundations, and individuals; receiving, holding, investing, and administering property; and making expenditures to or for the benefit of the board. The sole purpose for the direct-support organization is to support the board. Such a direct-support organization is an organization that is:

(a)  Incorporated under the provisions of chapter 617 and approved by the department as a Florida corporation not for profit;

(b)  Organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the board; and

(c)  Approved by the board and the department to be operating for the benefit of the board and in the best interest of the state.

(2)  The direct-support organization shall operate under written contract with the board. The contract must provide for:

(a)  Approval of the articles of incorporation and bylaws of the direct-support organization by the board and the department.

(b)  Submission of an annual budget for the approval of the board. The budget must comply with rules adopted by the board.

(c)  Certification by the board that the direct-support organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the board and in the best interest of the state. Such certification must be made annually and reported in the official minutes of a meeting of the board.

(d)  The reversion to the board, or the state if the board ceases to exist, of moneys and property held in trust by the direct-support organization for the benefit of the board if the direct-support organization is no longer approved to operate for the board, or the board ceases to exist, and if such moneys and property were acquired after October 1, 1986.

(e)  The fiscal year of the direct-support organization, which must begin July 1 of each year and end June 30 of the following year.

(f)  The disclosure of material provisions of the contract and the distinction between the board of trustees and the direct-support organization to donors of gifts, contributions, or bequests, as well as on all promotional and fundraising publications.

(3)  The members of the direct-support organization's board of directors must include members of the board of trustees.

(4)  The board may authorize a direct-support organization to use its property (except money), facilities, and personal services, subject to the provisions of this section. A direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin may not use the property, facilities, or personal services of the board. For the purposes of this subsection, the term "personal services" includes full-time personnel and part-time personnel as well as payroll processing.

(5)  The board shall adopt rules prescribing the procedures by which the direct-support organization is governed and any conditions with which a direct-support organization must comply to use property, facilities, or personal services of the board.

(6)  Any moneys may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the contract with the board. Such moneys may include lease income, admissions income, membership fees, private donations, income derived from fundraising activities, and grants applied for and received by the direct-support organization.

(7)  The direct-support organization shall provide for an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant in accordance with rules established by the board. The annual audit report must be submitted to the board for review and approval. Upon approval, the board shall certify the audit report to the Auditor General for review.

(8)  The identity of a donor or prospective donor of property to a direct-support organization who desires to remain anonymous, and all information identifying such donor or prospective donor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution; and that anonymity must be maintained in the auditor's report. The Auditor General shall have access to all records of the direct-support organization at any time he or she so requests.

History.--ss. 19, 67, ch. 91-120; s. 5, ch. 91-429; s. 2, ch. 95-125; s. 164, ch. 95-148; s. 120, ch. 96-406; s. 2, ch. 98-337.