Florida Senate - 2016                             CS for SB 1426
       By the Committee on Community Affairs; and Senators Stargel and
       578-02604-16                                          20161426c1
    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.
   16  Be It Enacted by the Legislature of the State of Florida:
   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), operate, control, and supervise public entities
   27  that receive annual state appropriations through a statutorily
   28  defined formulaic allocation that is funded and prescribed
   29  annually in the General Appropriations Act or the substantive
   30  bill implementing the annual appropriations act. The term does
   31  not include a labor organization as defined in s. 447.02 or an
   32  entity funded through the Justice Administrative Commission.
   33         (2) A membership association shall file a report with the
   34  President of the Senate and the Speaker of the House of
   35  Representatives by January 1 of each year. The report must
   36  provide:
   37         (a) The name and address of the membership association and
   38  any parent membership association or state, national, or
   39  international membership association with which it is
   40  affiliated.
   41         (b) The names, titles, telephone numbers, and addresses of
   42  the principal officers and all representatives of the membership
   43  association.
   44         (c) The amount of the fee required to become a member of
   45  the membership association, if any, and the annual dues each
   46  member must pay.
   47         (d) The current annual financial statements of the
   48  membership association as described in s. 617.1605.
   49         (e) A copy of the current constitution and bylaws of the
   50  membership association.
   51         (f) A description of the assets and liabilities of the
   52  membership association at the beginning and end of the preceding
   53  fiscal year.
   54         (g)A description of the salary, allowances, and other
   55  direct or indirect disbursements, including reimbursed expenses,
   56  to each officer and to each employee who, during the preceding
   57  fiscal year, received more than $10,000 in the aggregate from
   58  the membership association and any other state, national, or
   59  international membership association affiliated with the
   60  membership association.
   61         (h)The annual amount of the following benefit packages
   62  paid to each of the principal officers of the membership
   63  association:
   64         1.Health, major medical, vision, dental, and life
   65  insurance.
   66         2.Retirement plans.
   67         3.Automobile allowances.
   68         (i)The per-member amount of annual dues sent from the
   69  membership association to each state, national, or international
   70  affiliate.
   71         (j)The total amount of direct or indirect disbursements
   72  for lobbying activity at the federal, state, or local level
   73  incurred by the membership association, listed by full name and
   74  address of each person who received a disbursement.
   75         (k)The total amount of direct or indirect disbursements
   76  for litigation expenses incurred by the membership association,
   77  listed by case citation.
   78         (3) A membership association may not expend moneys received
   79  from public funds, as defined in s. 215.85(3), on litigation
   80  against the state.
   81         (4) Dues paid to a membership association which are paid
   82  with public funds shall be assessed for each elected or
   83  appointed public officer. If a public officer elects not to join
   84  the membership association, the dues assessed to that public
   85  officer may not be paid to the membership association.
   86         (5) The Auditor General shall conduct an annual financial
   87  and operational audit of accounts and records of each membership
   88  association.
   89         (6) All records of a membership association constitute
   90  public records for purposes of chapter 119.
   91         Section 2. This act shall take effect upon becoming a law.