Florida Senate - 2018                                    SB 1500
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01456A-18                                          20181500__
    1                        A bill to be entitled                      
    2         An act relating to the direct-support organization of
    3         the Florida Commission on Community Service; amending
    4         s. 14.29, F.S.; removing the scheduled repeal of
    5         provisions governing the commission’s direct-support
    6         organization; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (9) of section 14.29, Florida
   11  Statutes, is amended to read:
   12         14.29 Florida Commission on Community Service.—
   13         (9)(a) The commission may establish a direct-support
   14  organization which is:
   15         1. A Florida corporation, not for profit, incorporated
   16  under the provisions of chapter 617 and approved by the
   17  Secretary of State.
   18         2. Organized and operated exclusively to receive, hold,
   19  invest, and administer property and funds and to make
   20  expenditures to or for the benefit of the program.
   21         3. An organization which the commission, after review, has
   22  certified to be operating in a manner consistent with the goals
   23  of the program and in the best interests of the state.
   24         (b) The direct-support organization shall operate under
   25  written contract with the commission. The contract must provide
   26  for:
   27         1. Approval of the articles of incorporation and bylaws of
   28  the direct-support organization by the commission.
   29         2. Submission of an annual budget for the approval of the
   30  commission. The budget must comply with rules adopted by the
   31  commission.
   32         3. Certification by the commission that the direct-support
   33  organization is complying with the terms of the contract and in
   34  a manner consistent with the goals and purposes of the
   35  commission and in the best interest of the state. Such
   36  certification must be made annually and reported in the official
   37  minutes of a meeting of the commission.
   38         4. The reversion to the commission, or the state if the
   39  commission ceases to exist, of moneys and property held in trust
   40  by the direct-support organization if the direct-support
   41  organization is no longer approved to operate for the commission
   42  or the commission ceases to exist.
   43         5. The fiscal year of the direct-support organization, to
   44  begin July 1 of each year and end June 30 of the following year.
   45         6. The disclosure of material provisions of the contract
   46  and the distinction between the board of directors and the
   47  direct-support organization to donors of gifts, contributions,
   48  or bequests, as well as on all promotional and fundraising
   49  publications.
   50         (c) The members of the direct-support organization’s board
   51  of directors must include members of the commission.
   52         (d) The commission may authorize a direct-support
   53  organization to use its personal services, facilities, and
   54  property, except money, subject to the provisions of this
   55  section. A direct-support organization that does not provide
   56  equal employment opportunities to all persons regardless of
   57  race, color, religion, sex, age, or national origin may not use
   58  the property, facilities, or personal services of the
   59  commission. For the purposes of this subsection, the term
   60  “personal services” includes full-time personnel and part-time
   61  personnel as well as payroll processing.
   62         (e) The commission shall adopt rules prescribing the
   63  procedures by which the direct-support organization is governed
   64  and any conditions with which the direct-support organization
   65  must comply to use property, facilities, or personal services of
   66  the commission.
   67         (f) Moneys of the direct-support organization may be held
   68  in a separate depository account in the name of the direct
   69  support organization and subject to the provisions of the
   70  contract with the commission. Such moneys may include membership
   71  fees, private donations, income derived from fundraising
   72  activities, and grants applied for and received by the direct
   73  support organization.
   74         (g) The direct-support organization shall provide for an
   75  annual financial audit in accordance with s. 215.981.
   76         (h) This subsection is repealed effective October 1, 2018,
   77  unless reviewed and saved from repeal by the Legislature.
   78         Section 2. This act shall take effect July 1, 2018.