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The Florida Senate

2016 Florida Statutes

F.S. 272.136
272.136 Direct-support organization.The Florida Historic Capitol Museum Council and the Florida Historic Capitol Museum Director may establish a direct-support organization to provide assistance and promotional support through fundraising for the Florida Historic Capitol Museum, including, but not limited to, its educational programs and initiatives.
(1) The direct-support organization shall be governed by a board of directors. Board members must demonstrate a capacity for supporting the mission of the Florida Historic Capitol.
(a) Initial appointments to the board shall be made by the President of the Senate and the Speaker of the House of Representatives at the recommendation of the council and the director. Appointments to the board shall thereafter be made by the board.
(b) The initial board shall consist of nine members who shall be appointed to 3-year terms, except that the terms of such appointees shall be designated so that three members are appointed for 1 year, three members are appointed for 2 years, and three members are appointed for 3 years, in order to achieve staggered terms, as determined by the presiding officers.
(c) Effective July 1, 2015, the board may add up to 12 additional members to be appointed for 3-year terms.
(d) Board members shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses in accordance with s. 112.061. Such expenses must be paid out of funds of the direct-support organization.
(e) The board may use the fixed property and facilities of the Florida Historic Capitol, subject to the provisions of this subsection. Such use must be directly in keeping with the approved purposes of the direct-support organization and may not be made at times or places that would unreasonably interfere with the normal operations of the Florida Historic Capitol.
(2) The direct-support organization must be a Florida corporation, not for profit, incorporated under chapter 617 and approved by the Department of State.
(3) The director and council may prescribe any condition with which the direct-support organization must comply.
(4) The director may not authorize the use of any fixed property or facilities by the direct-support organization if the organization does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, gender, age, or national origin.
(5) The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.
(6) If the direct-support organization is no longer authorized by this section, fails to comply with the requirements of this section, fails to maintain its tax-exempt status pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases to exist, all funds obtained through grants, gifts, and donations in the direct-support organization account shall revert to the state and be deposited into an account designated by the Legislature for the support of the Florida Historic Capitol, provided that donations made for specific purposes in an original donor agreement shall be applied only to those purposes.
(7)(a) The identity of a donor or prospective donor to the direct-support organization who desires to remain anonymous, and all information identifying such donor or prospective donor, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in any auditor’s report created pursuant to the annual financial audit required under subsection (5).
(b) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2017, unless reviewed and saved from repeal through reenactment by the Legislature.
History.s. 3, ch. 2009-179; s. 1, ch. 2012-11; s. 4, ch. 2015-47.