Florida Senate - 2016 SB 1426 By Senator Stargel 15-00842B-16 20161426__ 1 A bill to be entitled 2 An act relating to membership associations; creating 3 s. 617.221, F.S.; defining the term “membership 4 association”; requiring membership associations to 5 file an annual report with the Legislature; specifying 6 the requirements for the annual report; prohibiting a 7 membership association from using public funds for 8 certain litigation; requiring the assessment of dues 9 paid to a membership association by certain elected 10 and appointed officials with public funds; requiring 11 the Auditor General to conduct certain audits 12 annually; specifying that all membership association 13 records constitute public records under certain law; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 617.221, Florida Statutes, is created to 19 read: 20 617.221 Membership associations; reporting requirements; 21 restrictions on use of funds.— 22 (1) As used in this section, the term “membership 23 association” means a not-for-profit corporation, including a 24 department or division of such corporation, the majority of 25 whose board members are constitutional officers who, pursuant to 26 s. 1001.32(2) and (3), operate, control, and supervise public 27 entities that receive annual state appropriations through a 28 statutorily defined formulaic allocation that is funded and 29 prescribed annually in the General Appropriations Act or the 30 substantive bill implementing the annual appropriations act. The 31 term does not include a labor organization as defined in s. 32 447.02 or an entity funded through the Justice Administrative 33 Commission. 34 (2) A membership association shall file a report with the 35 President of the Senate and the Speaker of the House of 36 Representatives by January 1 of each year. The report must 37 provide: 38 (a) The name and address of the membership association and 39 any parent membership association or state, national, or 40 international membership association with which it is 41 affiliated. 42 (b) The names, titles, telephone numbers, and addresses of 43 the principal officers and all representatives of the membership 44 association. 45 (c) The amount of the fee required to become a member of 46 the membership association, if any, and the annual dues each 47 member must pay. 48 (d) The current annual financial statements of the 49 membership association as described in s. 617.1605. 50 (e) A copy of the current constitution and bylaws of the 51 membership association. 52 (f) A description of the assets and liabilities of the 53 membership association at the beginning and end of the preceding 54 fiscal year. 55 (g) A description of the salary, allowances, and other 56 direct or indirect disbursements, including reimbursed expenses, 57 to each officer and to each employee who, during the preceding 58 fiscal year, received more than $10,000 in the aggregate from 59 the membership association and any other state, national, or 60 international membership association affiliated with the 61 membership association. 62 (h) The annual amount of the following benefit packages 63 paid to each of the principal officers of the membership 64 association: 65 1. Health, major medical, vision, dental, and life 66 insurance. 67 2. Retirement plans. 68 3. Automobile allowances. 69 (i) The per-member amount of annual dues sent from the 70 membership association to each state, national, or international 71 affiliate. 72 (j) The total amount of direct or indirect disbursements 73 for lobbying activity at the federal, state, or local level 74 incurred by the membership association, listed by full name and 75 address of each person who received a disbursement. 76 (k) The total amount of direct or indirect disbursements 77 for litigation expenses incurred by the membership association, 78 listed by case citation. 79 (3) A membership association may not expend moneys received 80 from public funds, as defined in s. 215.85(3), on litigation 81 against the state. 82 (4) Dues paid to a membership association which are paid 83 with public funds shall be assessed for each elected or 84 appointed public officer. If a public officer elects not to join 85 the membership association, the dues assessed to that public 86 officer may not be paid to the membership association. 87 (5) The Auditor General shall conduct an annual financial 88 and operational audit of accounts and records of each membership 89 association. 90 (6) All records of a membership association constitute 91 public records for purposes of chapter 119. 92 Section 2. This act shall take effect upon becoming a law.