Florida Senate - 2018                                     SB 942
       By Senator Bracy
       11-00638-18                                            2018942__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Juvenile
    3         Justice’s direct-support organization; amending s.
    4         985.672, F.S.; abrogating the scheduled repeal of
    5         provisions governing a direct-support organization
    6         established by the department; providing an effective
    7         date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 985.672, Florida Statutes, is amended to
   12  read:
   13         985.672 Direct-support organization; definition; use of
   14  property; board of directors; audit.—
   15         (1) DEFINITION.—As used in this section, the term “direct
   16  support organization” means an organization whose sole purpose
   17  is to support the juvenile justice system and which is:
   18         (a) A corporation not-for-profit incorporated under chapter
   19  617 and which is approved by the Department of State;
   20         (b) Organized and operated to conduct programs and
   21  activities; to raise funds; to request and receive grants,
   22  gifts, and bequests of moneys; to acquire, receive, hold,
   23  invest, and administer, in its own name, securities, funds,
   24  objects of value, or other property, real or personal; and to
   25  make expenditures to or for the direct or indirect benefit of
   26  the Department of Juvenile Justice or the juvenile justice
   27  system operated by a county commission or a circuit board; and
   28         (c) Determined by the Department of Juvenile Justice to be
   29  consistent with the goals of the juvenile justice system, in the
   30  best interest of the state, and in accordance with the adopted
   31  goals and mission of the Department of Juvenile Justice.
   33  Expenditures of the organization shall be used for the
   34  prevention and amelioration of juvenile delinquency. The
   35  expenditures of the direct-support organization may not be used
   36  for the purpose of lobbying as defined in s. 11.045.
   37         (2) CONTRACT.—The direct-support organization shall operate
   38  under written contract with the department. The contract must
   39  provide for:
   40         (a) Approval of the articles of incorporation and bylaws of
   41  the direct-support organization by the department.
   42         (b) Submission of an annual budget for the approval of the
   43  department.
   44         (c) Certification by the department that the direct-support
   45  organization is complying with the terms of the contract and in
   46  a manner consistent with the goals and purposes of the
   47  department and in the best interest of the state. Such
   48  certification must be made annually and reported in the official
   49  minutes of a meeting of the direct-support organization.
   50         (d) The reversion of moneys and property held in trust by
   51  the direct-support organization for the benefit of the juvenile
   52  justice system to the state if the department ceases to exist or
   53  to the department if the direct-support organization is no
   54  longer approved to operate for the department, a county
   55  commission, or a circuit board or if the direct-support
   56  organization ceases to exist.;
   57         (e) The fiscal year of the direct-support organization,
   58  which must begin July 1 of each year and end June 30 of the
   59  following year.;
   60         (f) The disclosure of material provisions of the contract,
   61  and the distinction between the department and the direct
   62  support organization, to donors of gifts, contributions, or
   63  bequests, including such disclosure on all promotional and
   64  fundraising publications.
   65         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
   66  shall appoint a board of directors of the direct-support
   67  organization. Members of the organization must include
   68  representatives from businesses, representatives from each of
   69  the juvenile justice service districts, and one representative
   70  appointed at large.
   71         (4) USE OF PROPERTY.—The department may permit, without
   72  charge, appropriate use of fixed property, facilities, and
   73  personnel services of the juvenile justice system by the direct
   74  support organization, subject to this section. For the purposes
   75  of this subsection, the term “personnel services” includes full
   76  time or part-time personnel, as well as payroll processing
   77  services.
   78         (a) The department may prescribe any condition with which
   79  the direct-support organization must comply in order to use
   80  fixed property or facilities of the juvenile justice system.
   81         (b) The department may not permit the use of any fixed
   82  property or facilities of the juvenile justice system by the
   83  direct-support organization if it does not provide equal
   84  membership and employment opportunities to all persons
   85  regardless of race, color, religion, sex, age, or national
   86  origin.
   87         (c) The department shall adopt rules prescribing the
   88  procedures by which the direct-support organization is governed
   89  and any conditions with which a direct-support organization must
   90  comply to use property or facilities of the department.
   91         (5) DEPOSIT OF FUNDS.—Any moneys may be held in a separate
   92  depository account in the name of the direct-support
   93  organization and subject to the provisions of the contract with
   94  the department.
   95         (6) AUDIT.—The direct-support organization shall provide
   96  for an annual financial audit in accordance with s. 215.981.
   97         (7) REPEAL.—This section is repealed October 1, 2018,
   98  unless reviewed and saved from repeal by the Legislature.
   99         Section 2. This act shall take effect July 1, 2018.