| 15 | | - | An act relating to direct -support organizations; 2 |
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| 16 | | - | amending s. 402.57, F.S.; authorizing the Department 3 |
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| 17 | | - | of Children and Families to establish a direct -support 4 |
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| 18 | | - | organization for a specified purpose; providing 5 |
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| 19 | | - | criteria for the direct -support organization; 6 |
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| 20 | | - | requiring the direct-support organization to operate 7 |
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| 21 | | - | under written contract with the department; providing 8 |
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| 22 | | - | requirements for the contract; requiring the Secretary 9 |
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| 23 | | - | of Children and Families to appoint a board of 10 |
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| 24 | | - | directors of the direct -support organization; 11 |
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| 25 | | - | providing for terms of board members; authorizing the 12 |
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| 26 | | - | department to allow the direct -support organization to 13 |
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| 27 | | - | use, without charge, the department's fixed property, 14 |
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| 28 | | - | facilities, and personnel services, subject to certain 15 |
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| 29 | | - | requirements; defining the term "personnel s ervices"; 16 |
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| 30 | | - | authorizing the direct -support organization to 17 |
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| 31 | | - | collect, expend, and provide funds for specified 18 |
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| 32 | | - | purposes; prohibiting the use of such funds for 19 |
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| 33 | | - | lobbying; authorizing moneys to be held in a separate 20 |
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| 34 | | - | depository account in the name of the direct -support 21 |
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| 35 | | - | organization, subject to the contract with the 22 |
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| 36 | | - | department; requiring the direct -support organization 23 |
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| 37 | | - | to provide for annual financial audits; providing for 24 |
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| 38 | | - | future repeal; deleting obsolete language; providing 25 |
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| 15 | + | An act relating to district school board direct -2 |
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| 16 | + | support organizations; amending s. 1001.453, F.S.; 3 |
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| 17 | + | authorizing district school boards to contract with 4 |
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| 18 | + | direct-support organizations for personal services or 5 |
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| 19 | + | operations; revising the amount of expenditures and 6 |
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| 20 | + | expenses a direct-support organization must have to be 7 |
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| 21 | + | required to provide for an annual financial audit; 8 |
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| 22 | + | authorizing district school boards to contra ct with a 9 |
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| 23 | + | vendor for such audits; providing an effective date. 10 |
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| 24 | + | 11 |
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| 25 | + | Be It Enacted by the Legislature of the State of Florida: 12 |
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| 26 | + | 13 |
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| 27 | + | Section 1. Paragraphs (a) and (c) of subsection (2) and 14 |
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| 28 | + | subsection (4) of section 1001.453, Florida Statutes, are 15 |
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| 29 | + | amended to read: 16 |
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| 30 | + | 1001.453 Direct-support organization; use of property; 17 |
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| 31 | + | board of directors; audit. — 18 |
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| 32 | + | (2) USE OF PROPERTY. —A district school board: 19 |
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| 33 | + | (a) Is authorized to : 20 |
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| 34 | + | 1. Permit the use of property, facilities, and personal 21 |
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| 35 | + | services of the district by a dire ct-support organization, 22 |
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| 36 | + | subject to the provisions of this section; or 23 |
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| 37 | + | 2. Contract with a direct -support organization for 24 |
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| 38 | + | personal services or operations . 25 |
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| 51 | | - | requirements for the contract for operation of the 26 |
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| 52 | | - | direct-support organization assisting the Children and 27 |
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| 53 | | - | Youth Cabinet; amending s. 1001.453, F.S.; authorizing 28 |
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| 54 | | - | district school boards to contract with direct -support 29 |
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| 55 | | - | organizations for personal services and operations; 30 |
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| 56 | | - | providing requirements for cert ain persons providing 31 |
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| 57 | | - | personal services; revising the amount of expenditures 32 |
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| 58 | | - | and expenses a direct -support organization must have 33 |
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| 59 | | - | to be required to provide for an annual financial 34 |
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| 60 | | - | audit; authorizing district school boards to contract 35 |
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| 61 | | - | with a vendor for such audits; providing an effective 36 |
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| 62 | | - | date. 37 |
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| 63 | | - | 38 |
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| 64 | | - | Be It Enacted by the Legislature of the State of Florida: 39 |
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| 65 | | - | 40 |
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| 66 | | - | Section 1. Section 402.57, Florida Statutes, is amended to 41 |
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| 67 | | - | read: 42 |
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| 68 | | - | 402.57 Direct-support organizations organization.— 43 |
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| 69 | | - | (1) DEPARTMENT OF CHILDREN AND FAMILIES.—The Department of 44 |
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| 70 | | - | Children and Families is authorized to create a direct -support 45 |
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| 71 | | - | organization, the sole purpose of which is to support the 46 |
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| 72 | | - | department in carrying out its purposes and responsibilities. 47 |
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| 73 | | - | (a) The direct-support organization must b e: 48 |
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| 74 | | - | 1. A not-for-profit corporation incorporated under chapter 49 |
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| 75 | | - | 617 and approved by the Department of State as a not -for-profit 50 |
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| 51 | + | (c) May Shall not permit the use of property, facilities, 26 |
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| 52 | + | or personal services by of a direct-support organization if such 27 |
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| 53 | + | organization does not provide equal employment opportunities to 28 |
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| 54 | + | all persons, regardless of race, color, religion, sex, age, or 29 |
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| 55 | + | national origin. 30 |
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| 56 | + | (4) ANNUAL FINANCIAL AUDIT.—Each direct-support 31 |
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| 57 | + | organization with more than $250,000 $100,000 in expenditures or 32 |
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| 58 | + | expenses shall provide for an annual financial audit of its 33 |
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| 59 | + | accounts and records, to be conducted by an independent 34 |
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| 60 | + | certified public accountant in accordance with rules adopted by 35 |
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| 61 | + | the Auditor General pursuant to s. 11.45(8) and the Commissioner 36 |
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| 62 | + | of Education. A district school board may contract with a vendor 37 |
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| 63 | + | for an annual financial audit of a direct -support organization. 38 |
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| 64 | + | The annual financial audit report shall be submitted within 9 39 |
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| 65 | + | months after the fiscal year's end to the distr ict school board 40 |
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| 66 | + | and the Auditor General. The Commissioner of Education, the 41 |
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| 67 | + | Auditor General, and the Office of Program Policy Analysis and 42 |
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| 68 | + | Government Accountability have the authority to require and 43 |
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| 69 | + | receive from the organization or the district auditor an y 44 |
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| 70 | + | records relative to the operation of the organization. The 45 |
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| 71 | + | identity of donors and all information identifying donors and 46 |
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| 72 | + | prospective donors are confidential and exempt from the 47 |
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| 73 | + | provisions of s. 119.07(1), and that anonymity shall be 48 |
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| 74 | + | maintained in the aud itor's report. All other records and 49 |
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| 75 | + | information shall be considered public records for the purposes 50 |
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| 88 | | - | corporation; 51 |
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| 89 | | - | 2. Organized and operated to conduct programs and 52 |
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| 90 | | - | activities; to raise funds; to request and receive grants, 53 |
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| 91 | | - | gifts, and bequests of moneys; to acquire, receive, hold, 54 |
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| 92 | | - | invest, and administer, in its own name, securities, funds, 55 |
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| 93 | | - | objects of value, or other property, real or personal; and to 56 |
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| 94 | | - | make expenditures to or for the direct or indirect benefit of 57 |
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| 95 | | - | the department and the individuals it serves; and 58 |
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| 96 | | - | 3. Determined by the department to be operating in a 59 |
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| 97 | | - | manner consistent with the goals and purposes of the department, 60 |
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| 98 | | - | the best interest of the state, and the needs of children and 61 |
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| 99 | | - | adults served by the department. 62 |
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| 100 | | - | (b) The direct-support organization shall operate under a 63 |
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| 101 | | - | written contract with the department. The contract must provide 64 |
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| 102 | | - | for all of the following: 65 |
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| 103 | | - | 1. Department approval of the articles of incorporation 66 |
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| 104 | | - | and bylaws of the direct -support organization. 67 |
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| 105 | | - | 2. Submission of an annual budget for department approval. 68 |
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| 106 | | - | 3. Certification by the department that the direct -support 69 |
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| 107 | | - | organization is complying with the terms of the contract and 70 |
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| 108 | | - | operating in a manner consistent with the goals and purposes of 71 |
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| 109 | | - | the department and in the best interest of the state. Such 72 |
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| 110 | | - | certification must be made annually and reported in the official 73 |
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| 111 | | - | minutes of a meeting of the direct -support organization. 74 |
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| 112 | | - | 4. The reversion to the state of moneys and property held 75 |
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| 121 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 122 | | - | |
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| 123 | | - | |
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| 124 | | - | |
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| 125 | | - | in trust by the direct -support organization for the benefit of 76 |
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| 126 | | - | those served by the department if the department ceases to exist 77 |
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| 127 | | - | or the reversion to the department if the direct -support 78 |
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| 128 | | - | organization is no longer approved to operate for the department 79 |
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| 129 | | - | or ceases to exist. 80 |
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| 130 | | - | 5. The fiscal year of the direct-support organization, 81 |
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| 131 | | - | which must begin July 1 of each year and end June 30 of the 82 |
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| 132 | | - | following year. 83 |
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| 133 | | - | 6. The disclosure of material provisions of the contract, 84 |
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| 134 | | - | and the distinction between the department and the direct -85 |
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| 135 | | - | support organization, to donors of gifts, contributions, or 86 |
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| 136 | | - | bequests, including such disclosure on all promotional and 87 |
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| 137 | | - | fundraising publications. 88 |
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| 138 | | - | (c) The Secretary of Children and Families shall appoint 89 |
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| 139 | | - | the board of directors of the direct -support organization. Each 90 |
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| 140 | | - | member of the board of directors shall be appointed to a 4 -year 91 |
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| 141 | | - | term. However, for the purpose of providing staggered terms, the 92 |
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| 142 | | - | initial appointments shall be for either 2 years or 4 years, as 93 |
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| 143 | | - | determined by the secretary. 94 |
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| 144 | | - | (d) The department may allow, without charge, appropriate 95 |
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| 145 | | - | use of fixed property, facilities, and personnel services of the 96 |
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| 146 | | - | department by the direct -support organization, subject to the 97 |
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| 147 | | - | requirements of this section. As used in this subsection, the 98 |
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| 148 | | - | term "personnel services" includes full -time or part-time 99 |
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| 149 | | - | personnel, as well as payroll processing services. 100 |
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| 158 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | 1. The department may not allow a direct -support 101 |
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| 163 | | - | organization to use any fixed property, facilities, or personnel 102 |
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| 164 | | - | services of the department if the direct -support organization 103 |
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| 165 | | - | does not provide equal membership and employment opportunities 104 |
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| 166 | | - | to all persons regardless of race, color, religion, sex, age, or 105 |
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| 167 | | - | national origin. 106 |
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| 168 | | - | 2. The department may prescribe any conditions with which 107 |
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| 169 | | - | a direct-support organization must comply to use fixed property, 108 |
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| 170 | | - | facilities, or personnel services of the department and shall 109 |
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| 171 | | - | adopt rules prescribing those conditions and the procedures by 110 |
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| 172 | | - | which the direct-support organization is governed. 111 |
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| 173 | | - | (e) The direct-support organization may collect, expend, 112 |
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| 174 | | - | and provide funds for: 113 |
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| 175 | | - | 1. Addressing gaps in services for the children and adults 114 |
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| 176 | | - | served by the department. 115 |
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| 177 | | - | 2. Developing, implementing, and operating targeted 116 |
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| 178 | | - | prevention efforts. 117 |
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| 179 | | - | 3. Providing services and activities that support the 118 |
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| 180 | | - | goals of the department. 119 |
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| 181 | | - | 4. Supporting the f unctions of the direct -support 120 |
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| 182 | | - | organization's board of directors, as necessary and approved by 121 |
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| 183 | | - | the department. 122 |
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| 184 | | - | 123 |
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| 185 | | - | The funds of the direct -support organization may not be used for 124 |
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| 186 | | - | the purpose of lobbying as defined in s. 11.045(1). 125 |
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| 197 | | - | |
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| 198 | | - | |
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| 199 | | - | (f) Any moneys may be hel d in a separate depository 126 |
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| 200 | | - | account in the name of the direct -support organization, subject 127 |
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| 201 | | - | to the provisions of the contract with the department. 128 |
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| 202 | | - | (g) The direct-support organization shall provide for an 129 |
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| 203 | | - | annual financial audit in accordance with s. 215.98 1. 130 |
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| 204 | | - | (h) This subsection is repealed October 1, 2028, unless 131 |
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| 205 | | - | reviewed and saved from repeal by the Legislature. 132 |
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| 206 | | - | (2) CHILDREN AND YOUTH CABINET. —The Department of Children 133 |
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| 207 | | - | and Families shall establish a direct -support organization to 134 |
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| 208 | | - | assist the Children a nd Youth Cabinet established in s. 402.56 135 |
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| 209 | | - | in carrying out its purposes and responsibilities, primarily 136 |
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| 210 | | - | regarding fostering public awareness of children and youth 137 |
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| 211 | | - | issues and developing new partners in the effort to serve 138 |
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| 212 | | - | children and youth by raising money; submitting requests for and 139 |
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| 213 | | - | receiving grants from the Federal Government, the state or its 140 |
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| 214 | | - | political subdivisions, private foundations, and individuals; 141 |
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| 215 | | - | and making expenditures to or for the benefit of the cabinet. 142 |
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| 216 | | - | The sole purpose for the direct -support organization is to 143 |
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| 217 | | - | support the cabinet. 144 |
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| 218 | | - | (a) The direct-support organization must be: 145 |
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| 219 | | - | 1.(a) Incorporated under chapter 617 and approved by the 146 |
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| 220 | | - | Department of State as a Florida corporation not for profit. 147 |
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| 221 | | - | 2.(b) Organized and operated to make expenditur es to or 148 |
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| 222 | | - | for the benefit of the cabinet. 149 |
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| 223 | | - | 3.(c) Approved by the department to be operating for the 150 |
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| 234 | | - | |
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| 235 | | - | |
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| 236 | | - | benefit of and in a manner consistent with the goals of the 151 |
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| 237 | | - | cabinet and in the best interest of the state. 152 |
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| 238 | | - | (b)(2) The board of directors of the direct -support 153 |
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| 239 | | - | organization shall consist of seven members appointed by the 154 |
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| 240 | | - | Governor. Each member of the board of directors shall be 155 |
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| 241 | | - | appointed to a 4-year term. However, for the purpose of 156 |
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| 242 | | - | providing staggered terms, the initial appointments shall be for 157 |
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| 243 | | - | either 2 years or 4 years, as determined by the Governor. 158 |
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| 244 | | - | (c)(3) The direct-support organization shall operate under 159 |
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| 245 | | - | a written contract with the department. The contract must 160 |
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| 246 | | - | provide for all of the following: 161 |
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| 247 | | - | 1. Department approval of the articles of incorporation 162 |
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| 248 | | - | and bylaws of the direct -support organization. 163 |
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| 249 | | - | 2. Submission of an annual budget for department approval. 164 |
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| 250 | | - | 3. Certification by the department that the direct -support 165 |
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| 251 | | - | organization is complying with the terms of the contract and 166 |
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| 252 | | - | operating in a manner consistent with the goals and purposes of 167 |
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| 253 | | - | the department and in the best interest of the state. Such 168 |
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| 254 | | - | certification must be made annually and reported in the official 169 |
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| 255 | | - | minutes of a meeting of the direct -support organization. 170 |
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| 256 | | - | 4. The reversion to the state o f moneys and property held 171 |
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| 257 | | - | in trust by the direct -support organization for the benefit of 172 |
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| 258 | | - | those served by the department if the department ceases to exist 173 |
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| 259 | | - | or the reversion to the department if the direct -support 174 |
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| 260 | | - | organization is no longer approved to operat e for the department 175 |
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| 261 | | - | |
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| 269 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 271 | | - | |
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| 272 | | - | |
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| 273 | | - | or ceases to exist. 176 |
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| 274 | | - | (d)(4) All moneys received by the direct -support 177 |
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| 275 | | - | organization must be deposited into an account of the direct -178 |
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| 276 | | - | support organization and shall be used in a manner consistent 179 |
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| 277 | | - | with the goals of the cabinet. 180 |
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| 278 | | - | (e)(5) This subsection section is repealed October 1, 181 |
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| 279 | | - | 2024, unless reviewed and saved from repeal by the Legislature. 182 |
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| 280 | | - | Section 2. Paragraphs (a) and (c) of subsection (2) and 183 |
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| 281 | | - | subsection (4) of section 1001.453, Florida Statutes, are 184 |
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| 282 | | - | amended to read: 185 |
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| 283 | | - | 1001.453 Direct-support organization; use of property; 186 |
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| 284 | | - | board of directors; audit. — 187 |
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| 285 | | - | (2) USE OF PROPERTY. —A district school board: 188 |
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| 286 | | - | (a) Is authorized to : 189 |
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| 287 | | - | 1. Permit the use of property, facilities, and personal 190 |
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| 288 | | - | services of the district by a direct -support organization, 191 |
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| 289 | | - | subject to the provisions of this section; or 192 |
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| 290 | | - | 2. Contract with a direct -support organization for 193 |
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| 291 | | - | personal services or operations. However, a retiree of the 194 |
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| 292 | | - | Florida Retirement System providing such personal services must 195 |
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| 293 | | - | first satisfy the requir ements for termination from employment 196 |
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| 294 | | - | provided in s. 121.021(39) before providing such services for a 197 |
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| 295 | | - | Florida Retirement System employer and is subject to the 198 |
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| 296 | | - | reemployment limitations provided in s. 121.091(9) . 199 |
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| 297 | | - | (c) May Shall not permit the use of prope rty, facilities, 200 |
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| 309 | | - | |
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| 310 | | - | or personal services by of a direct-support organization if such 201 |
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| 311 | | - | organization does not provide equal employment opportunities to 202 |
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| 312 | | - | all persons, regardless of race, color, religion, sex, age, or 203 |
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| 313 | | - | national origin. 204 |
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| 314 | | - | (4) ANNUAL FINANCIAL AUDIT.—Each direct-support 205 |
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| 315 | | - | organization with more than $250,000 $100,000 in expenditures or 206 |
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| 316 | | - | expenses shall provide for an annual financial audit of its 207 |
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| 317 | | - | accounts and records, to be conducted by an independent 208 |
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| 318 | | - | certified public accountant in accordance with rules ad opted by 209 |
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| 319 | | - | the Auditor General pursuant to s. 11.45(8) and the Commissioner 210 |
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| 320 | | - | of Education. A district school board may contract with a vendor 211 |
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| 321 | | - | for an annual financial audit of a direct -support organization. 212 |
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| 322 | | - | The annual financial audit report shall be submitted within 9 213 |
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| 323 | | - | months after the fiscal year's end to the district school board 214 |
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| 324 | | - | and the Auditor General. The Commissioner of Education, the 215 |
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| 325 | | - | Auditor General, and the Office of Program Policy Analysis and 216 |
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| 326 | | - | Government Accountability have the authority to require and 217 |
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| 327 | | - | receive from the organization or the district auditor any 218 |
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| 328 | | - | records relative to the operation of the organization. The 219 |
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| 329 | | - | identity of donors and all information identifying donors and 220 |
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| 330 | | - | prospective donors are confidential and exempt from the 221 |
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| 331 | | - | provisions of s. 119.07(1), and that anonymity shall be 222 |
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| 332 | | - | maintained in the auditor's report. All other records and 223 |
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| 333 | | - | information shall be considered public records for the purposes 224 |
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| 334 | | - | of chapter 119. 225 |
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| 347 | | - | Section 3. This act shall take effect upon becoming a law. 226 |
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| 88 | + | of chapter 119. 51 |
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| 89 | + | Section 2. This act shall take effect July 1, 2023. 52 |
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