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The Florida Senate

2023 Florida Statutes (including 2023C)

Florida Emergency Management Assistance Foundation.
F.S. 252.71
252.71 Florida Emergency Management Assistance Foundation.
(1) As used in this section, the term:
(a) “Foundation” means the Florida Emergency Management Assistance Foundation for the division.
(b) “Personal services” includes full-time or part-time personnel of the division.
(2) The foundation is hereby created as a direct-support organization of the division to provide assistance, funding, and support to the division in its disaster response, recovery, and relief efforts for natural emergencies.
(a) The foundation must be an organization that is a Florida nonprofit corporation incorporated under chapter 617, approved by the Department of State, and recognized under s. 501(c)(3) of the Internal Revenue Code. The foundation is exempt from paying fees under s. 617.0122.
(b) The foundation is organized and operated exclusively to obtain funds; request and receive grants, gifts, and bequests of moneys or other items; acquire, receive, hold, invest, and administer in its own name securities, funds, or property; and make expenditures to or for the direct or indirect benefit of the division, political subdivisions of this state, and individuals adversely impacted by a natural emergency occurring within this state.
(c) The division must determine that the foundation is operating in a manner consistent with the goals of the division and in the best interest of the state.
(3) The foundation shall be governed by a board of directors.
(a) The board of directors shall consist of five members appointed by the director of the division. A majority of the members must be knowledgeable about emergency management activities and programs. The importance of geographic representation shall be considered in appointing members. Members must be residents of this state at the time of appointment and throughout their terms.
(b) The term of office of the appointed members of the board of directors shall be 3 years, except that the initial terms of appointment shall be two members for 1 year, two members for 2 years, and one member for 3 years. A member may be reappointed when his or her term expires and may continue to serve in such capacity upon expiration of his or her term until an appointment is made to fill the vacancy. However, a member may not serve more than two consecutive terms.
(c) Upon a finding based on a majority vote of the board of directors, the director of the division may remove any member of the board for cause.
(d) Any vacancy that occurs shall be filled in the same manner as the original appointment for the unexpired term of that seat.
(e) Members of the board of directors shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses in accordance with s. 112.061, and shall be paid from funds managed by the foundation.
(f) Moneys of the foundation must be held in a separate depository account in the name of the foundation, subject to the provisions of the contract with the division, and shall be used in a manner consistent with the goals of the foundation.
(4) The foundation shall operate under a written contract with the division. The written contract must, at a minimum, provide for:
(a) Approval of the articles of incorporation and bylaws of the foundation by the director of the division.
(b) Certification by the division that the foundation is complying with the terms of the contract and is doing so consistent with the goals and purposes of the division and in the best interests of the state. The division must make this certification annually, and it must be reported in the official minutes of a meeting of the foundation.
(c) Reversion of moneys and property held by the foundation to the:
1. Division if the foundation is no longer approved to operate by the division;
2. Division if the foundation fails to maintain its tax-exempt status pursuant to s. 501(c)(3) of the Internal Revenue Code;
3. Division if the foundation ceases to exist; or
4. State if the division ceases to exist.
(d) Prominent disclosure of the distinction between the division and the foundation to donors, including such disclosure in all promotional and fundraising publications or activities.
(e) Approval by the board of directors of an annual operating budget for the foundation.
(f) Adoption of an ethics code as required by s. 112.3251.
(5) The division may permit the use of its property, facilities, and personal services by the foundation and shall set forth any requirements or conditions on such use in the contract between the division and the foundation, including provisions governing the use of such property, facilities, and personal services during a declared state of emergency for a natural emergency. However, the division may not permit the use of such property, facilities, or personal services by the foundation if it does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, age, or religion.
(6)(a) The fiscal year of the foundation shall begin on July 1 of each year and end on June 30 of the following year.
(b) By August 1 of each year, the foundation shall submit to the division its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).
(c) By September 30 of each year, the foundation shall submit the budget and a report of contributions and expenditures to the division in a manner prescribed by the division.
(7) The foundation shall provide for an annual financial audit in accordance with s. 215.981.
(8) This section is repealed October 1, 2027, unless reviewed and saved from repeal by the Legislature.
History.s. 6, ch. 2022-272; s. 9, ch. 2023-349.