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.