Florida Senate - 2018                              CS for SB 942
       By the Committee on Criminal Justice; and Senator Bracy
       591-02331-18                                           2018942c1
    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.; requiring the secretary of the
    5         department to appoint board of directors to the
    6         department’s direct-support organization according to
    7         the organization’s established bylaws; abrogating the
    8         scheduled repeal of provisions governing a direct
    9         support organization established by the department;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 985.672, Florida Statutes, is amended to
   15  read:
   16         985.672 Direct-support organization; definition; use of
   17  property; board of directors; audit.—
   18         (1) DEFINITION.—As used in this section, the term “direct
   19  support organization” means an organization whose sole purpose
   20  is to support the juvenile justice system and which is:
   21         (a) A corporation not-for-profit incorporated under chapter
   22  617 and which is approved by the Department of State;
   23         (b) Organized and operated to conduct programs and
   24  activities; to raise funds; to request and receive grants,
   25  gifts, and bequests of moneys; to acquire, receive, hold,
   26  invest, and administer, in its own name, securities, funds,
   27  objects of value, or other property, real or personal; and to
   28  make expenditures to or for the direct or indirect benefit of
   29  the Department of Juvenile Justice or the juvenile justice
   30  system operated by a county commission or a circuit board; and
   31         (c) Determined by the Department of Juvenile Justice to be
   32  consistent with the goals of the juvenile justice system, in the
   33  best interest of the state, and in accordance with the adopted
   34  goals and mission of the Department of Juvenile Justice.
   36  Expenditures of the organization shall be used for the
   37  prevention and amelioration of juvenile delinquency. The
   38  expenditures of the direct-support organization may not be used
   39  for the purpose of lobbying as defined in s. 11.045.
   40         (2) CONTRACT.—The direct-support organization shall operate
   41  under written contract with the department. The contract must
   42  provide for:
   43         (a) Approval of the articles of incorporation and bylaws of
   44  the direct-support organization by the department.
   45         (b) Submission of an annual budget for the approval of the
   46  department.
   47         (c) Certification by the department that the direct-support
   48  organization is complying with the terms of the contract and in
   49  a manner consistent with the goals and purposes of the
   50  department and in the best interest of the state. Such
   51  certification must be made annually and reported in the official
   52  minutes of a meeting of the direct-support organization.
   53         (d) The reversion of moneys and property held in trust by
   54  the direct-support organization for the benefit of the juvenile
   55  justice system to the state if the department ceases to exist or
   56  to the department if the direct-support organization is no
   57  longer approved to operate for the department, a county
   58  commission, or a circuit board or if the direct-support
   59  organization ceases to exist.;
   60         (e) The fiscal year of the direct-support organization,
   61  which must begin July 1 of each year and end June 30 of the
   62  following year.;
   63         (f) The disclosure of material provisions of the contract,
   64  and the distinction between the department and the direct
   65  support organization, to donors of gifts, contributions, or
   66  bequests, including such disclosure on all promotional and
   67  fundraising publications.
   68         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
   69  shall appoint a board of directors of the direct-support
   70  organization according to the direct-support organization’s
   71  established bylaws. Members of the organization must include
   72  representatives from businesses, representatives from each of
   73  the juvenile justice service districts, and one representative
   74  appointed at large.
   75         (4) USE OF PROPERTY.—The department may permit, without
   76  charge, appropriate use of fixed property, facilities, and
   77  personnel services of the juvenile justice system by the direct
   78  support organization, subject to this section. For the purposes
   79  of this subsection, the term “personnel services” includes full
   80  time or part-time personnel, as well as payroll processing
   81  services.
   82         (a) The department may prescribe any condition with which
   83  the direct-support organization must comply in order to use
   84  fixed property or facilities of the juvenile justice system.
   85         (b) The department may not permit the use of any fixed
   86  property or facilities of the juvenile justice system by the
   87  direct-support organization if it does not provide equal
   88  membership and employment opportunities to all persons
   89  regardless of race, color, religion, sex, age, or national
   90  origin.
   91         (c) The department shall adopt rules prescribing the
   92  procedures by which the direct-support organization is governed
   93  and any conditions with which a direct-support organization must
   94  comply to use property or facilities of the department.
   95         (5) DEPOSIT OF FUNDS.—Any moneys may be held in a separate
   96  depository account in the name of the direct-support
   97  organization and subject to the provisions of the contract with
   98  the department.
   99         (6) AUDIT.—The direct-support organization shall provide
  100  for an annual financial audit in accordance with s. 215.981.
  101         (7) 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.