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