Senate Bill sb1612c1
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Florida Senate - 2007 CS for SB 1612
By the Committee on Children, Families, and Elder Affairs; and
Senator Rich
586-2060-07
1 A bill to be entitled
2 An act relating to the guardian ad litem
3 program; creating s. 39.8298, F.S.; creating a
4 direct-support organization for the Guardian Ad
5 Litem program; providing for the organization
6 and operation of the organization for the
7 Statewide Guardian Ad Litem Office; providing
8 for a contract; providing for a board of
9 directors; providing for the use of property,
10 facilities, and personal services of the
11 Statewide Guardian Ad Litem Office by the
12 direct-support organization; providing
13 restrictions; providing for the deposit of
14 moneys; providing for an annual audit;
15 providing limits on the direct-support
16 organization; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 39.8298, Florida Statutes, is
21 created to read:
22 39.8298 Guardian Ad Litem direct-support
23 organization.--
24 (1) AUTHORITY.--The Statewide Guardian Ad Litem Office
25 created under s. 39.8926 is authorized to create a
26 direct-support organization.
27 (a) The direct-support organization must be a Florida
28 corporation not for profit, incorporated under chapter 617.
29 The direct-support organization is exempt from paying fees
30 under s. 617.0122.
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Florida Senate - 2007 CS for SB 1612
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1 (b) The direct-support organization must be organized
2 and operated to conduct programs and activities; raise funds;
3 request and receive grants, gifts, and bequests of moneys;
4 acquire, receive, hold, invest, and administer, in its own
5 name, securities, funds, objects of value, or other property,
6 real or personal; and make expenditures to or for the direct
7 or indirect benefit of the Statewide Guardian Ad Litem Office.
8 (c) If the executive director of the Statewide
9 Guardian Ad Litem Office determines the direct-support
10 organization is operating in a manner that is inconsistent
11 with the goals and purposes of the Statewide Guardian Ad Litem
12 Office or not acting in the best interest of the state, the
13 executive director may terminate the contract and thereafter
14 the organization may not use the name of the Statewide
15 Guardian Ad Litem Office.
16 (2) CONTRACT.--The direct-support organization shall
17 operate under a written contract with the Statewide Guardian
18 Ad Litem Office. The written contract must, at a minimum,
19 provide for:
20 (a) Approval of the articles of incorporation and
21 bylaws of the direct-support organization by the executive
22 director of the Statewide Guardian Ad Litem Office.
23 (b) Submission of an annual budget for approval by the
24 executive director of the Statewide Guardian Ad Litem Office.
25 (c) The reversion without penalty to the Statewide
26 Guardian Ad Litem Office, or the state if the Statewide
27 Guardian Ad Litem Office ceases to exist, of all moneys and
28 property held in trust by the direct-support organization for
29 the Statewide Guardian Ad Litem Office if the direct-support
30 organization ceases to exist or if the contract is terminated.
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Florida Senate - 2007 CS for SB 1612
586-2060-07
1 (d) The fiscal year of the direct-support
2 organization, which must begin July 1 of each year and end
3 June 30 of the following year.
4 (e) The disclosure of material provisions of the
5 contract and the distinction between the Statewide Guardian Ad
6 Litem Office and the direct-support organization to donors of
7 gifts, contributions, or bequests, as well as on all
8 promotional and fundraising publications.
9 (3) BOARD OF DIRECTORS.--The executive director of the
10 Statewide Guardian Ad Litem Office shall appoint a board of
11 directors for the direct-support organization. The executive
12 director may designate employees of the Statewide Guardian Ad
13 Litem Office to serve on the board of directors. Members of
14 the board shall serve at the pleasure of the executive
15 director.
16 (4) USE OF PROPERTY AND SERVICES.--The executive
17 director of the Statewide Guardian Ad Litem Office:
18 (a) May authorize the use of facilities and property
19 other than money which are owned by the Statewide Guardian Ad
20 Litem Office to be used by the direct-support organization.
21 (b) May authorize the use of personal services
22 provided by employees of the Statewide Guardian Ad Litem
23 Office. For the purposes of this section, the term "personal
24 services" includes full-time personnel and part-time personnel
25 as well as payroll processing.
26 (c) May prescribe the conditions by which the
27 direct-support organization may use property, facilities, or
28 personal services of the office.
29 (d) May not authorize the use of property, facilities,
30 or personal services of the direct-support organization if the
31 organization does not provide equal employment opportunities
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Florida Senate - 2007 CS for SB 1612
586-2060-07
1 to all persons, regardless of race, color, religion, gender,
2 age, or national origin.
3 (5) MONEYS.--Moneys of the direct-support organization
4 may be held in a separate depository account in the name of
5 the direct-support organization and subject to the provisions
6 of the contract with the Statewide Guardian Ad Litem Office.
7 (6) ANNUAL AUDIT.--The direct-support organization
8 shall provide for an annual financial audit in accordance with
9 s. 215.981.
10 (7) LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The
11 direct-support organization may not exercise any power under
12 s. 617.0302(12) or (16). A state employee may not receive
13 compensation from the direct-support organization for service
14 on the board of directors or for services rendered to the
15 direct-support organization.
16 Section 2. This act shall take effect July 1, 2007.
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Florida Senate - 2007 CS for SB 1612
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1612
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4 The strike all amendment replaces the existing bill with the
following changes:
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- Removes the Definitions subsection and integrates the
6 definitions into the bill.
7 - Empowers the Executive Director of the Statewide Guardian
Ad Litem Office (SGALO) to terminate the direct-support
8 organization (DSO) contract if the Executive Director
finds that the DSO is acting in a manner inconsistent
9 with the goals of the SGALO.
10 - Reverts money and property from the DSO to the state if
the SGALO ceases to exist.
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- Stipulates that members of the board shall serve at the
12 pleasure of the Executive Director.
13 - Removes the rule making authority for the Executive
Director of the SGALO.
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- Prohibits the DSO from exercising power under s.
15 617.0302(12) or (16), F.S., and prohibits a state
employee from receiving compensation from the DSO.
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