Florida Senate - 2018                                     SB 938
       By Senator Bracy
       11-00637-18                                            2018938__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Corrections’
    3         direct-support organization; amending s. 944.802,
    4         F.S.; abrogating the scheduled repeal of provisions
    5         governing a direct-support organization that is
    6         permitted use of fixed properties and facilities of
    7         the state correctional system by the Department of
    8         Corrections; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 944.802, Florida Statutes, is amended to
   13  read:
   14         944.802 Direct-support organization; definition; use of
   15  property; board of directors; audit.—
   16         (1) DEFINITION.—For the purpose of this section, the term
   17  “direct-support organization” means an organization:
   18         (a) That Which is a corporation not for profit that is
   19  incorporated under the provisions of chapter 617, exempted from
   20  filing fees, and approved by the Department of State;
   21         (b) Organized and operated to conduct programs and
   22  activities; initiate developmental projects; raise funds;
   23  request and receive grants, gifts, and bequests of moneys;
   24  acquire, receive, hold, invest, and administer, in its own name,
   25  securities, funds, objects of value, or other property, real or
   26  personal; and make expenditures to or for the direct or indirect
   27  benefit of the Department of Corrections or individual units of
   28  the state correctional system;
   29         (c) Determined by the Department of Corrections to be
   30  consistent with the priority issues and objectives of the
   31  Department of Corrections and in the best interest of the state;
   32  and
   33         (d) Approved in writing by the Secretary of Corrections to
   34  operate for the direct or indirect benefit of the Department of
   35  Corrections or individual units of the state correctional
   36  system. Such approval shall be in a letter of agreement from the
   37  Department of Corrections.
   38         (2) USE OF PROPERTY.—
   39         (a) The Department of Corrections may permit, without
   40  charge, appropriate use of fixed property and facilities of the
   41  state correctional system by a direct-support organization
   42  subject to the provisions in this section. Such use must be
   43  directly in keeping with the approved purpose of the direct
   44  support organization, and may not be made at times or places
   45  that would unreasonably interfere with opportunities for inmates
   46  and staff to use the areas for established purposes.
   47         (b) The Department of Corrections may prescribe by rule any
   48  condition with which a direct-support organization shall comply
   49  in order to use fixed property or facilities of the state
   50  correctional system.
   51         (c) The Department of Corrections may shall not permit the
   52  use of any fixed property or facilities of the Department of
   53  Corrections by a direct-support organization that does not
   54  provide equal membership and employment opportunities to all
   55  persons regardless of race, color, religion, sex, age, or
   56  national origin.
   57         (3) ANNUAL AUDIT.—The direct-support organization shall
   58  provide for an annual financial audit in accordance with s.
   59  215.981.
   60         (4) REPEAL.—This section is repealed October 1, 2018,
   61  unless reviewed and saved from repeal by the Legislature.
   62         Section 2. This act shall take effect July 1, 2018.