ENROLLED
       2023 Legislature                   CS for SB 1278, 1st Engrossed
       
       
       
       
       
       
                                                             20231278er
    1  
    2         An act relating to direct-support organizations;
    3         amending s. 402.57, F.S.; authorizing the Department
    4         of Children and Families to establish a direct-support
    5         organization for a specified purpose; specifying
    6         criteria for the direct-support organization;
    7         requiring the direct-support organization to operate
    8         under written contract with the department; providing
    9         requirements for the contract; requiring the Secretary
   10         of Children and Families to appoint a board of
   11         directors for the direct-support organization;
   12         providing for appointment of board members;
   13         authorizing the department to allow the direct-support
   14         organization to use, without charge, the department’s
   15         fixed property, facilities, and personnel services,
   16         subject to certain requirements; defining the term
   17         “personnel services”; authorizing the direct-support
   18         organization to collect, expend, and provide funds for
   19         specified purposes; prohibiting the use of such funds
   20         for lobbying purposes; authorizing moneys to be held
   21         in a separate depository account in the name of the
   22         direct-support organization, subject to certain
   23         requirements; requiring the direct-support
   24         organization to provide for annual audits; providing
   25         for future repeal; amending s. 1001.453, F.S.;
   26         authorizing district school boards to contract with
   27         direct-support organizations for personal services or
   28         operations, subject to certain limitations; revising
   29         the amount of expenditures and expenses a direct
   30         support organization must have to be required to
   31         provide for an annual financial audit; authorizing
   32         district school boards to contract with a vendor for
   33         such audits; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 402.57, Florida Statutes, is amended to
   38  read:
   39         402.57 Direct-support organizations organization.—
   40         (1) DEPARTMENT OF CHILDREN AND FAMILIES.—The Department of
   41  Children and Families is authorized to create a direct-support
   42  organization, the sole purpose of which is to support the
   43  department in carrying out its purposes and responsibilities.
   44         (a) The direct-support organization must be:
   45         1. A not-for-profit corporation incorporated under chapter
   46  617 and approved by the Department of State as a not-for-profit
   47  corporation;
   48         2. Organized and operated to conduct programs and
   49  activities; to raise funds; to request and receive grants,
   50  gifts, and bequests of moneys; to acquire, receive, hold,
   51  invest, and administer, in its own name, securities, funds,
   52  objects of value, or other property, real or personal; and to
   53  make expenditures to or for the direct or indirect benefit of
   54  the department and the individuals it serves; and
   55         3. Determined by the department to be operating in a manner
   56  consistent with the goals and purposes of the department, the
   57  best interest of the state, and the needs of children and adults
   58  served by the department.
   59         (b) The direct-support organization shall operate under a
   60  written contract with the department. The contract must provide
   61  for all of the following:
   62         1. Department approval of the articles of incorporation and
   63  bylaws of the direct-support organization.
   64         2. Submission of an annual budget for department approval.
   65         3. Certification by the department that the direct-support
   66  organization is complying with the terms of the contract and
   67  operating in a manner consistent with the goals and purposes of
   68  the department and in the best interest of the state. Such
   69  certification must be made annually and reported in the official
   70  minutes of a meeting of the direct-support organization.
   71         4. The reversion to the state of moneys and property held
   72  in trust by the direct-support organization for the benefit of
   73  those served by the department if the department ceases to exist
   74  or the reversion to the department if the direct-support
   75  organization is no longer approved to operate for the
   76  department, a county commission, or a circuit board or ceases to
   77  exist.
   78         5. The fiscal year of the direct-support organization,
   79  which must begin July 1 of each year and end June 30 of the
   80  following year.
   81         6. The disclosure of material provisions of the contract,
   82  and the distinction between the department and the direct
   83  support organization, to donors of gifts, contributions, or
   84  bequests, including such disclosure on all promotional and
   85  fundraising publications.
   86         (c) The Secretary of Children and Families shall appoint
   87  the board of directors of the direct-support organization. The
   88  board members shall be appointed according to the organization’s
   89  bylaws.
   90         (d) The department may allow, without charge, appropriate
   91  use of fixed property, facilities, and personnel services of the
   92  department by the direct-support organization, subject to the
   93  requirements of this section. As used in this subsection, the
   94  term “personnel services” includes full-time or part-time
   95  personnel, as well as payroll processing services.
   96         1.The department may not allow a direct-support
   97  organization to use any fixed property, facilities, or personnel
   98  services of the department if the direct-support organization
   99  does not provide equal membership and employment opportunities
  100  to all persons regardless of race, color, religion, sex, age, or
  101  national origin.
  102         2.The department may prescribe any conditions with which a
  103  direct-support organization must comply to use fixed property,
  104  facilities, or personnel services of the department and shall
  105  adopt rules prescribing those conditions and the procedures by
  106  which the direct-support organization is governed.
  107         (e)The direct-support organization may collect, expend,
  108  and provide funds for:
  109         1.Addressing gaps in services for the children and adults
  110  served by the department.
  111         2.Development, implementation, and operation of targeted
  112  prevention efforts.
  113         3.Services and activities that support the goals of the
  114  department.
  115         4.Functions of the direct-support organization’s board of
  116  directors, as necessary and approved by the department.
  117  
  118  The funds of the direct-support organization may not be used for
  119  the purpose of lobbying as defined in s. 11.045.
  120         (f) Any moneys may be held in a separate depository account
  121  in the name of the direct-support organization and subject to
  122  the provisions of the contract with the department.
  123         (g) The direct-support organization shall provide for an
  124  annual financial audit in accordance with s. 215.981.
  125         (h)This subsection is repealed October 1, 2028, unless
  126  reviewed and saved from repeal by the Legislature.
  127         (2)CHILDREN AND YOUTH CABINET.—The Department of Children
  128  and Families shall establish a direct-support organization to
  129  assist the Children and Youth Cabinet established in s. 402.56
  130  in carrying out its purposes and responsibilities, primarily
  131  regarding fostering public awareness of children and youth
  132  issues and developing new partners in the effort to serve
  133  children and youth by raising money; submitting requests for and
  134  receiving grants from the Federal Government, the state or its
  135  political subdivisions, private foundations, and individuals;
  136  and making expenditures to or for the benefit of the cabinet.
  137  The sole purpose for the direct-support organization is to
  138  support the cabinet.
  139         (a) The direct-support organization must be:
  140         1.(a) Incorporated under chapter 617 and approved by the
  141  Department of State as a Florida corporation not for profit.
  142         2.(b) Organized and operated to make expenditures to or for
  143  the benefit of the cabinet.
  144         3.(c) Approved by the department to be operating for the
  145  benefit of and in a manner consistent with the goals of the
  146  cabinet and in the best interest of the state.
  147         (b)(2) The board of directors of the direct-support
  148  organization shall consist of seven members appointed by the
  149  Governor. Each member of the board of directors shall be
  150  appointed to a 4-year term. However, for the purpose of
  151  providing staggered terms, the initial appointments shall be for
  152  either 2 years or 4 years, as determined by the Governor.
  153         (c)(3) The direct-support organization shall operate under
  154  a written contract with the department.
  155         (d)(4) All moneys received by the direct-support
  156  organization must be deposited into an account of the direct
  157  support organization and shall be used in a manner consistent
  158  with the goals of the cabinet.
  159         (e)(5) This subsection section is repealed October 1, 2024,
  160  unless reviewed and saved from repeal by the Legislature.
  161         Section 2. Paragraphs (a) and (c) of subsection (2) and
  162  subsection (4) of section 1001.453, Florida Statutes, are
  163  amended to read:
  164         1001.453 Direct-support organization; use of property;
  165  board of directors; audit.—
  166         (2) USE OF PROPERTY.—A district school board:
  167         (a) Is authorized to:
  168         1. Permit the use of property, facilities, and personal
  169  services of the district by a direct-support organization,
  170  subject to the provisions of this section; or
  171         2. Contract with a direct-support organization for personal
  172  services or operations. However, a retiree of the Florida
  173  Retirement System must first satisfy the requirements for
  174  termination from employment provided in s. 121.021(39) before
  175  providing such services or operations for a Florida Retirement
  176  System employer, and is subject to the reemployment limitations
  177  provided in s. 121.091(9).
  178         (c) May Shall not permit the use of property, facilities,
  179  or personal services by of a direct-support organization if such
  180  organization does not provide equal employment opportunities to
  181  all persons, regardless of race, color, religion, sex, age, or
  182  national origin.
  183         (4) ANNUAL FINANCIAL AUDIT.—Each direct-support
  184  organization with more than $250,000 $100,000 in expenditures or
  185  expenses shall provide for an annual financial audit of its
  186  accounts and records, to be conducted by an independent
  187  certified public accountant in accordance with rules adopted by
  188  the Auditor General pursuant to s. 11.45(8) and the Commissioner
  189  of Education. A district school board may contract with a vendor
  190  for an annual financial audit of a direct-support organization.
  191  The annual financial audit report shall be submitted within 9
  192  months after the fiscal year’s end to the district school board
  193  and the Auditor General. The Commissioner of Education, the
  194  Auditor General, and the Office of Program Policy Analysis and
  195  Government Accountability have the authority to require and
  196  receive from the organization or the district auditor any
  197  records relative to the operation of the organization. The
  198  identity of donors and all information identifying donors and
  199  prospective donors are confidential and exempt from the
  200  provisions of s. 119.07(1), and that anonymity shall be
  201  maintained in the auditor’s report. All other records and
  202  information shall be considered public records for the purposes
  203  of chapter 119.
  204         Section 3. This act shall take effect upon becoming a law.