Florida Senate - 2018 SB 498 By Senator Garcia 36-00675-18 2018498__ 1 A bill to be entitled 2 An act relating to the Office of Public and 3 Professional Guardians direct-support organization; 4 amending s. 744.2105, F.S.; abrogating the scheduled 5 repeal of provisions governing a direct-support 6 organization established under the Office of Public 7 and Professional Guardians within the Department of 8 Elderly Affairs; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 744.2105, Florida Statutes, is amended 13 to read: 14 744.2105 Direct-support organization; definition; use of 15 property; board of directors; audit; dissolution.— 16 (1) DEFINITION.—As used in this section, the term “direct 17 support organization” means an organization whose sole purpose 18 is to support the Office of Public and Professional Guardians 19 and is: 20 (a) A not-for-profit corporation incorporated under chapter 21 617 and approved by the Department of State; 22 (b) Organized and operated to conduct programs and 23 activities; to raise funds; to request and receive grants, 24 gifts, and bequests of moneys; to acquire, receive, hold, 25 invest, and administer, in its own name, securities, funds, 26 objects of value, or other property, real or personal; and to 27 make expenditures to or for the direct or indirect benefit of 28 the Office of Public and Professional Guardians; and 29 (c) Determined by the Office of Public and Professional 30 Guardians to be consistent with the goals of the office, in the 31 best interests of the state, and in accordance with the adopted 32 goals and mission of the Department of Elderly Affairs and the 33 Office of Public and Professional Guardians. 34 (2) CONTRACT.—The direct-support organization shall operate 35 under a written contract with the Office of Public and 36 Professional Guardians. The written contract must provide for: 37 (a) Certification by the Office of Public and Professional 38 Guardians that the direct-support organization is complying with 39 the terms of the contract and is doing so consistent with the 40 goals and purposes of the office and in the best interests of 41 the state. This certification must be made annually and reported 42 in the official minutes of a meeting of the direct-support 43 organization. 44 (b) The reversion of moneys and property held in trust by 45 the direct-support organization: 46 1. To the Office of Public and Professional Guardians if 47 the direct-support organization is no longer approved to operate 48 for the office; 49 2. To the Office of Public and Professional Guardians if 50 the direct-support organization ceases to exist; 51 3. To the Department of Elderly Affairs if the Office of 52 Public and Professional Guardians ceases to exist; or 53 4. To the state if the Department of Elderly Affairs ceases 54 to exist. 55 56 The fiscal year of the direct-support organization shall begin 57 on July 1 of each year and end on June 30 of the following year. 58 (c) The disclosure of the material provisions of the 59 contract, and the distinction between the Office of Public and 60 Professional Guardians and the direct-support organization, to 61 donors of gifts, contributions, or bequests, including such 62 disclosure on all promotional and fundraising publications. 63 (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs 64 shall appoint a board of directors for the direct-support 65 organization from a list of nominees submitted by the executive 66 director of the Office of Public and Professional Guardians. 67 (4) USE OF PROPERTY.—The Department of Elderly Affairs may 68 permit, without charge, appropriate use of fixed property and 69 facilities of the department or the Office of Public and 70 Professional Guardians by the direct-support organization. The 71 department may prescribe any condition with which the direct 72 support organization must comply in order to use fixed property 73 or facilities of the department or the Office of Public and 74 Professional Guardians. 75 (5) MONEYS.—Any moneys may be held in a separate depository 76 account in the name of the direct-support organization and 77 subject to the provisions of the written contract with the 78 Office of Public and Professional Guardians. Expenditures of the 79 direct-support organization shall be expressly used to support 80 the Office of Public and Professional Guardians. The 81 expenditures of the direct-support organization may not be used 82 for the purpose of lobbying as defined in s. 11.045. 83 (6) PUBLIC RECORDS.—Personal identifying information of a 84 donor or prospective donor to the direct-support organization 85 who desires to remain anonymous is confidential and exempt from 86 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 87 (7) AUDIT.—The direct-support organization shall provide 88 for an annual financial audit in accordance with s. 215.981. 89 (8) DISSOLUTION.—A not-for-profit corporation incorporated 90 under chapter 617 that is determined by a circuit court to be 91 representing itself as a direct-support organization created 92 under this section, but that does not have a written contract 93 with the Office of Public and Professional Guardians in 94 compliance with this section, is considered to meet the grounds 95 for a judicial dissolution described in s. 617.1430(1)(a). The 96 Office of Public and Professional Guardians shall be the 97 recipient for all assets held by the dissolved corporation which 98 accrued during the period that the dissolved corporation 99 represented itself as a direct-support organization created 100 under this section. 101
(9) REPEAL.—This section is repealed October 1, 2018,102 unless reviewed and saved from repeal by the Legislature.103 Section 2. This act shall take effect July 1, 2018.