House Bill hb1177e1
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1177, First Engrossed
  1                      A bill to be entitled
  2         An act relating to direct-support
  3         organizations; creating s. 20.193, F.S.;
  4         providing for direct-support organizations for
  5         the benefit of the Department of Children and
  6         Family Services; providing a definition;
  7         providing for administration of funds;
  8         providing purposes and objectives; requiring
  9         funds be used for enhancement of department
10         programs and projects; authorizing certain use
11         of state property and facilities; requiring
12         annual audit; authorizing designation of
13         employees to solicit funds; creating s.
14         430.065, F.S.; providing for direct-support
15         organizations for the benefit of the Department
16         of Elder Affairs; providing a definition;
17         providing purposes and objectives; requiring
18         funds be used for enhancement of department
19         programs and projects; authorizing certain use
20         of state property and facilities; requiring
21         annual audit; providing an effective date.
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23  Be It Enacted by the Legislature of the State of Florida:
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25         Section 1.  Section 20.193, Florida Statutes, is
26  created to read:
27         20.193  Department of Children and Family Services
28  direct-support organization.--
29         (1)  As used in this section, the term "direct-support
30  organization" means a not-for-profit corporation incorporated
31  under chapter 617 and organized and operated to conduct
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                                          HB 1177, First Engrossed
  1  programs and activities; initiate developmental projects;
  2  raise funds; request and receive grants, gifts, and bequests
  3  of moneys; acquire, receive, hold, invest, and administer, in
  4  its own name, securities, funds, objects of value, or other
  5  property, real or personal; and make expenditures to or for
  6  the direct or indirect benefit of the Department of Children
  7  and Family Services or individual programs or projects of the
  8  department.
  9         (2)  A direct support organization may be organized to
10  accomplish the purposes and objectives set forth in subsection
11  (3) of this section. The direct support organization will
12  maintain donations and direct service expenditures in a bank
13  account outside of the State Treasury. Any administrative
14  costs of running and promoting the purposes of the corporation
15  will be paid for by private funds or state appropriations to
16  the extend the receipt of federal funding by the department is
17  not jeopardized.
18         (3)  The purposes and objectives of the direct-support
19  organization must be consistent with the priority issues and
20  objectives of the department and must be in the best interest
21  of the state.
22         (4)  Funds designated for the direct-support
23  organization shall be used for the enhancement of programs and
24  projects of the department.
25         (5)  The department may permit, without charge, the
26  appropriate use of property and facilities of the state by the
27  direct-support organization subject to the provisions of this
28  section. Such use must be directly in keeping with the
29  approved purpose of the direct-support organization. 
30         (6)  The direct-support organization shall provide for
31  an annual financial audit in accordance with s. 215.981. 
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                                          HB 1177, First Engrossed
  1         Section 2.  Subsection (10) is added to section 20.19,
  2  Florida Statutes, to read:
  3         (10)  SOLICITATION OF DONATIONS TO DIRECT-SUPPORT
  4  ORGANIZATIONS.--The secretary may designate employees of the
  5  department to solicit donations from public or private sources
  6  pursuant to s. 20.193.
  7         Section 3.  Section 430.065, Florida Statutes, is
  8  created to read:
  9         430.065  Department of Elder Affairs direct-support
10  organization.--
11         (1)  As used in this section, the term "direct-support
12  organization" means a not-for-profit corporation incorporated
13  under chapter 617 and organized and operated to conduct
14  programs and activities; initiate developmental projects;
15  raise funds; request and receive grants, gifts, and bequests
16  of moneys; acquire, receive, hold, invest, and administer, in
17  its own name, securities, funds, objects of value, or other
18  property, real or personal; and make expenditures to or for
19  the direct or indirect benefit of the Department of Elder
20  Affairs or individual programs or projects of the department.
21          (2)  The purposes and objectives of the direct-support
22  organization must be consistent with the priority issues and
23  objectives of the department and must be in the best interest
24  of the state. 
25          (3)  Funds designated for the direct-support
26  organization shall be used for the enhancement of programs and
27  projects of the department. 
28         (4)  The department may permit, without charge, the
29  appropriate use of property and facilities of the state by the
30  direct-support organization subject to the provisions of this
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                                          HB 1177, First Engrossed
  1  section. Such use must be directly in keeping with the
  2  approved purpose of the direct-support organization. 
  3         (5)  The direct-support organization shall provide for
  4  an annual financial audit in accordance with s. 215.981.
  5         Section 4.  This act shall take effect upon becoming a
  6  law.
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