Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 890
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                

       Appropriations Subcommittee on Pre-K - 12 Education (Bean)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 73 - 247
    4  and insert:
    5         (e)Funds received from state sources shall be accounted
    6  for separately from bequests, gifts, grants, and donations that
    7  may be solicited for such purposes by the foundation from public
    8  or private sources. Earnings on funds received from state
    9  sources and funds received from public or private sources shall
   10  be accounted for separately.
   12  REHABILITATION.—The Florida Endowment Foundation for Vocational
   13  Rehabilitation is hereby created as a direct-support
   14  organization of the Division of Vocational Rehabilitation, to
   15  encourage public and private support to enhance vocational
   16  rehabilitation and employment of citizens who are disabled. As a
   17  direct-support organization, the foundation shall operate under
   18  contract with the division and shall:
   19         (a) Be a Florida corporation not for profit incorporated
   20  under the provisions of chapter 617 and approved by the
   21  Department of State.
   22         (b) Be organized and operated exclusively to raise funds;
   23  to submit requests and receive grants from the Federal
   24  Government, the state, private foundations, and individuals; to
   25  receive, hold, and administer property; and to make expenditures
   26  to or for the benefit of the rehabilitation programs approved by
   27  the board of directors of the foundation.
   28         (c) Be approved by the division to be operating for the
   29  benefit and best interest of the state.
   30         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
   31  between the foundation and the division shall provide for:
   32         (a) Approval of the articles of incorporation of the
   33  foundation by the division.
   34         (b) Governance of the foundation by a board of directors
   35  appointed by the Governor.
   36         (c) Submission of an annual budget of the foundation for
   37  approval by the division.
   38         (d) Certification by the division, after an annual
   39  financial and performance review, that the foundation is
   40  operating in compliance with the terms of the contract and the
   41  rules of the division, and in a manner consistent with the goals
   42  of the Legislature in providing assistance to disabled citizens.
   43         (e) The release and conditions of the expenditure of any
   44  state revenues.
   45         (f) The reversion to the state of moneys in the foundation
   46  and in any other funds and accounts held in trust by the
   47  foundation if the contract is terminated.
   48         (g) The fiscal year of the foundation, to begin on July 1
   49  and end on June 30 of each year.
   50         (7) CONFIDENTIALITY.—
   51         (a) The identity of a donor or prospective donor to the
   52  Florida Endowment Foundation for Vocational Rehabilitation who
   53  desires to remain anonymous and all information identifying such
   54  donor or prospective donor are confidential and exempt from the
   55  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   56  Constitution. Portions of meetings of the Florida Endowment
   57  Foundation for Vocational Rehabilitation during which the
   58  identity of donors or prospective donors is discussed are exempt
   59  from the provisions of s. 286.011 and s. 24(b), Art. I of the
   60  State Constitution.
   61         (b) Records relating to clients of or applicants to the
   62  Division of Vocational Rehabilitation that come into the
   63  possession of the foundation and that are confidential by other
   64  provisions of law are confidential and exempt from the
   65  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   66  Constitution, and may not be released by the foundation.
   67  Portions of meetings of the Florida Endowment Foundation for
   68  Vocational Rehabilitation during which the identities of such
   69  clients of or applicants to the Division of Vocational
   70  Rehabilitation are discussed are exempt from the provisions of
   71  s. 286.011 and s. 24(b), Art. I of the State Constitution.
   72         (8) BOARD OF DIRECTORS.—The foundation shall be
   73  administered by a board of directors, as follows:
   74         (a) Membership.—The board of directors shall consist of
   75  nine members who have an interest in service to persons with
   76  disabilities and who:
   77         1. Have skills in foundation work or other fundraising
   78  activities, financial consulting, or investment banking or other
   79  related experience; or
   80         2. Have experience in policymaking or management-level
   81  positions or have otherwise distinguished themselves in the
   82  field of business, industry, or rehabilitation.
   84  Disabled individuals who meet the above criteria shall be given
   85  special consideration for appointment.
   86         (b) Appointment.—The board members shall be appointed by
   87  the Governor.
   88         (c) Terms.—Board members shall serve for 3-year terms or
   89  until resignation or removal for cause.
   90         (d) Filling of vacancies.—In the event of a vacancy on the
   91  board caused by other than the expiration of a term, a new
   92  member shall be appointed.
   93         (e) Removal for cause.—Each member is accountable to the
   94  Governor for the proper performance of the duties of office. The
   95  Governor may remove any member from office for malfeasance,
   96  misfeasance, neglect of duty, incompetence, or permanent
   97  inability to perform official duties or for pleading nolo
   98  contendere to, or being found guilty of, a crime.
   99         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  100  prescribed in this section or by rule of the division:
  101         (a) Upon appointment, the board shall meet and organize.
  102  Thereafter, the board shall hold such meetings as are necessary
  103  to implement the provisions of this section and shall conduct
  104  its business in accordance with rules promulgated by the
  105  division.
  106         (b) The board may solicit and receive bequests, gifts,
  107  grants, donations, goods, and services. Where gifts are
  108  restricted as to purpose, they may be used only for the purpose
  109  or purposes stated by the donor. The board may transmit monetary
  110  gifts to the State Board of Administration for deposit in the
  111  endowment fund principal.
  112         (c) The board may enter into contracts with the Federal
  113  Government, state or local agencies, private entities, or
  114  individuals to carry out the purposes of this section.
  115         (d) The board may identify, initiate, and fund new and
  116  creative programs to carry out the purposes of this section,
  117  utilizing existing organizations, associations, and agencies to
  118  carry out such rehabilitation programs and purposes wherever
  119  possible.
  120         (e) The board may make gifts or grants:
  121         1. To the State of Florida or any political subdivision
  122  thereof, or any public agency of state or local government.
  123         2. To a corporation, trust, association, or foundation
  124  organized and operated exclusively for charitable, educational,
  125  or scientific purposes.
  126         3. To any citizen who has a documented disability.
  127         4. To the division for purposes of program recognition and
  128  marketing, public relations and education, professional
  129  development, and technical assistance and workshops for grant
  130  applicants and recipients, the business community, and
  131  individuals with disabilities or recognized groups organized on
  132  their behalf.
  133         (f) The board may advertise and solicit applications for
  134  funding and shall evaluate applications and program proposals
  135  submitted thereto. Funding shall be awarded only where the
  136  evaluation is positive and the proposal meets both the
  137  guidelines for use established in subsection (10) and such
  138  evaluation criteria as the division may prescribe by rule.
  139         (g) The board shall monitor, review, and annually evaluate
  140  funded programs to determine whether funding should be
  141  continued, terminated, reduced, or increased.
  142         (h) The board shall establish an operating account as
  143  provided in paragraph (4)(d).
  144         (i) The board may take such additional actions, including
  145  the hiring of necessary staff, as are deemed necessary and
  146  appropriate to administer this section, subject to rules of the
  147  division.
  148         (j)Administrative costs shall be kept to the minimum
  149  necessary for the efficient and effective administration of the
  150  foundation and are limited to 15 percent of total estimated
  151  expenditures in any calendar year. Administrative costs include
  152  nonprogram costs, officer salaries, audits, salaries or other
  153  costs for nonofficers or constractors providing services that
  154  are not considered program costs, and costs for promoting the
  155  purposes of the foundation, and other allowable administrative
  156  costs. Administrative costs may not be paid from funds received
  157  directly from the state.
  158         (k)The foundation shall publish on its website:
  159         1.The annual audit required by subsection (11) and the
  160  annual report required by subsection (12).
  161         2.For each position filled by an officer or employee, the
  162  position’s compensation level.
  163         3.A copy of each contract into which the foundation
  164  enters.
  165         4.Information on each program, gift, or grant funded by
  166  the foundation, including:
  167         a.Projected economic benefits at the time of the initial
  168  award date.
  169         b.Information describing the program, gift, or grant
  170  funded.
  171         c.The geographic area impacted.
  172         d.Any matching, in-kind support or other support.
  173         e.The expected duration.
  174         f.Evaluation criteria.
  175         5.The foundation’s contract with the division required by
  176  subsection (6).
  177         (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
  178  in the operating account, by whatever means, to provide for:
  179         (a) Planning, research, and policy development for issues
  180  related to the employment and training of disabled citizens, and
  181  publication and dissemination of such information as may serve
  182  the objectives of this section.
  183         (b) Promotion of initiatives for disabled citizens.
  184         (c) Funding of programs which engage in, contract for,
  185  foster, finance, or aid in job training and counseling for
  186  disabled citizens or research, education, demonstration, or
  187  other activities related thereto.
  188         (d) Funding of programs which engage in, contract for,
  189  foster, finance, or aid in activities designed to advance better
  190  public understanding and appreciation of the field of vocational
  191  rehabilitation.
  192         (e) Funding of programs, property, or facilities which aid,
  193  strengthen, and extend in any proper and useful manner the
  194  objectives, work, services, and physical facilities of the
  195  division, in accordance with the purposes of this section.
  197  Any allocation of funds for research, advertising, or consulting
  198  shall be subject to a competitive solicitation process. State
  199  funds may not be used to fund events for private sector donors
  200  or potential donors or to honor supporters.
  201         (11) ANNUAL AUDIT.—The board shall provide for an annual
  202  financial audit of the foundation in accordance with s. 215.981.
  203  The identities of donors and prospective donors who desire to
  204  remain anonymous shall be protected, and that anonymity shall be
  205  maintained in the auditor’s report.
  206         (12) ANNUAL REPORT.—The board shall issue a report to the
  207  Governor, the President of the Senate, the Speaker of the House
  208  of Representatives, and the Commissioner of Education by
  209  February 1 each year, summarizing the performance of the
  210  endowment fund for the previous fiscal year, summarizing the
  211  foundation’s fundraising activities and performance, and
  212  detailing those activities and programs supported by the
  213  endowment principal or earnings on the endowment principal or by
  214  bequests, gifts, grants, donations, and other valued goods and
  215  services received.
  216         (13) RULES.—The division shall promulgate rules for the
  217  implementation of this section.
  218         (14) REPEAL.—This section is repealed October 1, 2022 2017,
  219  unless reviewed and saved from repeal by the Legislature.
  221  ================= T I T L E  A M E N D M E N T ================
  222  And the title is amended as follows:
  223         Between lines 3 and 4
  224  insert:
  225         requiring the foundation to maintain separate accounts
  226         for certain funds received from state sources and
  227         public or private sources; establishing restrictions
  228         regarding administrative costs of the foundation;
  229         requiring the foundation to publish specified
  230         information on its website; requiring that funds
  231         allocated for research, advertising, or consulting be
  232         subject to a competitive solicitation process;
  233         prohibiting use of state funds to fund certain events;