Florida 2023 Regular Session

Florida House Bill H1621 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1621 2023
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to the direct -support organization for 2
16	16	the Department of Children and Families; amending s. 3
17	17	402.57, F.S.; authorizing the Department of Children 4
18	18	and Families to create a direct -support organization; 5
19	19	providing a definition; requiring the direct -support 6
20	20	organization to operate under a written contract; 7
21	21	providing requirements for such contract; providing 8
22	22	for a board of directors; providing that the 9
23	23	department permit, without charge, the use of fixed 10
24	24	property, facilities, and personal services; 11
25	25	authorizing the direct -support organization to 12
26	26	collect, expend, and provide funds for certain 13
27	27	purposes; providing requirements for the use of any 14
28	28	fixed property or facilities of the department by a 15
29	29	direct-support organization; providing for the deposit 16
30	30	of specified funds; requiring the direct -support 17
31	31	organization to provide for an annual audit; providing 18
32	32	for future legislative review and repeal; extending 19
33	33	the scheduled repeal date; providing an effective 20
34	34	date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. Section 402.57, Florida Statutes, is amended to 25
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45	45	hb1621-00
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47	47	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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51	51	read: 26
52	52	402.57 Direct-support organization. — 27
53	53	(1) The Department of Children and Families is authorized 28
54	54	to create a direct-support organization. 29
55	55	(a) As used in this subsection, the term "direct -support 30
56	56	organization" means an organization with the sole purpose of 31
57	57	supporting the department and is: 32
58	58	1. A corporation not -for-profit incorporated under chapter 33
59	59	617 and approved by the Department of State; 34
60	60	2. Organized and operated to conduct programs and 35
61	61	activities; to raise funds; to request and receive grants, 36
62	62	gifts, and bequests of moneys; to acquire, receive, hold, 37
63	63	invest, and administer, in its own name, securities, funds, 38
64	64	objects of value, or other property, real or personal; and to 39
65	65	make expenditures to or for the direct or indirect benefit of 40
66	66	the department and the individuals it serves; and 41
67	67	3. Determined by the department to be consistent with the 42
68	68	needs of children and adults served by the department, in the 43
69	69	best interest of the state and of those who serve in and are 44
70	70	served by state mental health treatment facilities, and in 45
71	71	accordance with the goals and mission of the departmen t. 46
72	72	(b) The direct-support organization shall operate under a 47
73	73	written contract with the department. The written contract must 48
74	74	provide for all of the following: 49
75	75	1. Approval of the articles of incorporation and bylaws of 50
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84	84	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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88	88	the direct-support organization by the department. 51
89	89	2. Submission of an annual budget for the approval of the 52
90	90	department. 53
91	91	3. Certification by the department that the direct -support 54
92	92	organization is complying with the terms of the contract and is 55
93	93	doing so consistent with the goals and pur poses of the 56
94	94	department and in the best interest of the state. The 57
95	95	certification must be made annually and reported in the official 58
96	96	minutes of a meeting of the direct -support organization. 59
97	97	4. The reversion of moneys and property held in trust by 60
98	98	the direct-support organization for the benefit of those served 61
99	99	by the department to the state if the department ceases to exist 62
100	100	or to the department if the direct -support organization is no 63
101	101	longer approved to operate for the department, a county 64
102	102	commission, or a circuit board or if the direct -support 65
103	103	organization ceases to exist. 66
104	104	5. The fiscal year of the direct -support organization, 67
105	105	which must begin July 1 of each year and end June 30 of the 68
106	106	following year. 69
107	107	6. The disclosure of material provisions of the contract, 70
108	108	and the distinction between the department and the direct -71
109	109	support organization, to donors of gifts, contributions, or 72
110	110	bequests, including such disclosure on all promotional and 73
111	111	fundraising publications. 74
112	112	(c) The secretary of the department shall appoint a board 75
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121	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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125	125	of directors of the direct -support organization. The board 76
126	126	members shall be appointed according to the organization's 77
127	127	bylaws. 78
128	128	(d) The department may permit, without charge, appropriate 79
129	129	use of fixed property, facilities, and personnel ser vices of the 80
130	130	department by the direct -support organization, subject to this 81
131	131	section. For the purposes of this subsection, the term 82
132	132	"personnel services" includes full -time or part-time personnel, 83
133	133	as well as payroll processing services. 84
134	134	1. The department m ay prescribe any condition with which 85
135	135	the direct-support organization must comply in order to use any 86
136	136	fixed property or facilities of the department. 87
137	137	2. The department may not permit the use of any fixed 88
138	138	property or facilities of the department by the di rect-support 89
139	139	organization if it does not provide equal membership and 90
140	140	employment opportunities to all persons regardless of race, 91
141	141	color, religion, sex, age, or national origin. 92
142	142	3. The department shall adopt rules prescribing the 93
143	143	procedures by which the d irect-support organization is governed 94
144	144	and any conditions with which a direct -support organization must 95
145	145	comply to use any fixed property or facilities of the 96
146	146	department. 97
147	147	(e) The direct-support organization may collect, expend, 98
148	148	and provide funds for: 99
149	149	1. Addressing gaps in services for the children and adults 100
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158	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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162	162	served by the department. 101
163	163	2. Development, implementation, and operation of targeted 102
164	164	prevention efforts. 103
165	165	3. Services and activities that support the goals of the 104
166	166	department. 105
167	167	4. Functions of the direct-support organization's board of 106
168	168	directors, as necessary and approved by the department. 107
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170	170	The expenditures of the direct -support organization may not be 109
171	171	used for the purpose of lobbying as defined in s. 11.045(1). 110
172	172	(f) Any moneys may be held in a se parate depository 111
173	173	account in the name of the direct -support organization and 112
174	174	subject to the provisions of the contract with the department. 113
175	175	(g) The direct-support organization shall provide for an 114
176	176	annual financial audit in accordance with s. 215.981. 115
177	177	(h) This subsection shall stand repealed on October 1, 116
178	178	2028, unless reviewed and saved from repeal through reenactment 117
179	179	by the Legislature. 118
180	180	(2) The Department of Children and Families shall 119
181	181	establish a direct-support organization to assist the Children 120
182	182	and Youth Cabinet established in s. 402.56 in carrying out its 121
183	183	purposes and responsibilities, primarily regarding fostering 122
184	184	public awareness of children and youth issues and developing new 123
185	185	partners in the effort to serve children and youth by raising 124
186	186	money; submitting requests for and receiving grants from the 125
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195	195	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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199	199	Federal Government, the state or its political subdivisions, 126
200	200	private foundations, and individuals; and making expenditures to 127
201	201	or for the benefit of the cabinet. The sole purpose for the 128
202	202	direct-support organization is to support the cabinet. 129
203	203	(a) The direct-support organization must be: 130
204	204	1.(a) Incorporated under chapter 617 and approved by the 131
205	205	Department of State as a Florida corporation not for profit. 132
206	206	2.(b) Organized and operated to make expenditures to or 133
207	207	for the benefit of the cabinet. 134
208	208	3.(c) Approved by the department to be operating for the 135
209	209	benefit of and in a manner consistent with the goals of the 136
210	210	cabinet and in the best interest of the state. 137
211	211	(b)(2) The board of directors of the direct -support 138
212	212	organization shall consist of seven members appointed by the 139
213	213	Governor. Each member of the board of directors shall be 140
214	214	appointed to a 4-year term. However, for the purpose of 141
215	215	providing staggered terms, the initial appointments shall be for 142
216	216	either 2 years or 4 years, as determined by the Governor. 143
217	217	(c)(3) The direct-support organization shall operate under 144
218	218	a written contract with the department. 145
219	219	(d)(4) All moneys received by the direct -support 146
220	220	organization must be deposited into an account of the direct -147
221	221	support organization and shall be used in a manner consistent 148
222	222	with the goals of the cabinet. 149
223	223	(e)(5) This subsection section is repealed October 1, 150
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236	236	2024, unless reviewed and saved from repeal by the Legislature. 151
237	237	Section 2. This act shall take effect July 1, 2023. 152