Florida Senate - 2023 SB 1278 By Senator Simon 3-01568A-23 20231278__ 1 A bill to be entitled 2 An act relating to direct-support organizations of the 3 Department of Children and Families; amending s. 4 402.57, F.S.; authorizing the Department of Children 5 and Families to establish a direct-support 6 organization for a specified purpose; specifying 7 criteria for the direct-support organization; 8 requiring the direct-support organization to operate 9 under written contract with the department; providing 10 requirements for the contract; requiring the Secretary 11 of Children and Families to appoint a board of 12 directors for the direct-support organization; 13 providing for appointment of board members; 14 authorizing the department to allow the direct-support 15 organization to use, without charge, the departments 16 fixed property, facilities, and personnel services, 17 subject to certain requirements; defining the term 18 personnel services; authorizing the direct-support 19 organization to collect, expend, and provide funds for 20 specified purposes; prohibiting the use of such funds 21 for lobbying purposes; authorizing moneys to be held 22 in a separate depository account in the name of the 23 direct-support organization, subject to certain 24 requirements; requiring the direct-support 25 organization to provide for annual audits; providing 26 for future repeal; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Section 402.57, Florida Statutes, is amended to 31 read: 32 402.57Direct-support organizations organization. 33 (1)DEPARTMENT OF CHILDREN AND FAMILIES.The Department of 34 Children and Families is authorized to create a direct-support 35 organization, the sole purpose of which is to support the 36 department in carrying out its purposes and responsibilities. 37 (a)The direct-support organization must be: 38 1.A not-for-profit corporation incorporated under chapter 39 617 and approved by the Department of State as a not-for-profit 40 corporation; 41 2.Organized and operated to conduct programs and 42 activities; to raise funds; to request and receive grants, 43 gifts, and bequests of moneys; to acquire, receive, hold, 44 invest, and administer, in its own name, securities, funds, 45 objects of value, or other property, real or personal; and to 46 make expenditures to or for the direct or indirect benefit of 47 the department and the individuals it serves; and 48 3.Determined by the department to be operating in a manner 49 consistent with the goals and purposes of the department, the 50 best interest of the state, and the needs of children and adults 51 served by the department. 52 (b)The direct-support organization shall operate under a 53 written contract with the department. The contract must provide 54 for all of the following: 55 1.Department approval of the articles of incorporation and 56 bylaws of the direct-support organization. 57 2.Submission of an annual budget for department approval. 58 3.Certification by the department that the direct-support 59 organization is complying with the terms of the contract and 60 operating in a manner consistent with the goals and purposes of 61 the department and in the best interest of the state. Such 62 certification must be made annually and reported in the official 63 minutes of a meeting of the direct-support organization. 64 4.The reversion to the state of moneys and property held 65 in trust by the direct-support organization for the benefit of 66 those served by the department if the department ceases to exist 67 or the reversion to the department if the direct-support 68 organization is no longer approved to operate for the 69 department, a county commission, or a circuit board or ceases to 70 exist. 71 5.The fiscal year of the direct-support organization, 72 which must begin July 1 of each year and end June 30 of the 73 following year. 74 6.The disclosure of material provisions of the contract, 75 and the distinction between the department and the direct 76 support organization, to donors of gifts, contributions, or 77 bequests, including such disclosure on all promotional and 78 fundraising publications. 79 (c)The Secretary of Children and Families shall appoint 80 the board of directors of the direct-support organization. The 81 board members shall be appointed according to the organizations 82 bylaws. 83 (d)The department may allow, without charge, appropriate 84 use of fixed property, facilities, and personnel services of the 85 department by the direct-support organization, subject to the 86 requirements of this section. As used in this subsection, the 87 term personnel services includes full-time or part-time 88 personnel, as well as payroll processing services. 89 1.The department may prescribe any conditions with which 90 the direct-support organization must comply in order to use 91 fixed property or facilities of the department. 92 2.The department may not allow the use of any fixed 93 property or facilities of the department by the direct-support 94 organization if it does not provide equal membership and 95 employment opportunities to all persons regardless of race, 96 color, religion, sex, age, or national origin. 97 3.The department shall adopt rules prescribing the 98 procedures by which the direct-support organization is governed 99 and any conditions with which a direct-support organization must 100 comply to use property, facilities, or personnel services of the 101 department. 102 (e)The direct-support organization may collect, expend, 103 and provide funds for: 104 1.Addressing gaps in services for the children and adults 105 served by the department. 106 2.Development, implementation, and operation of targeted 107 prevention efforts. 108 3.Services and activities that support the goals of the 109 department. 110 4.Functions of the direct-support organizations board of 111 directors, as necessary and approved by the department. 112 113 The funds of the direct-support organization may not be used for 114 the purpose of lobbying as defined in s. 11.045. 115 (f)Any moneys may be held in a separate depository account 116 in the name of the direct-support organization and subject to 117 the provisions of the contract with the department. 118 (g)The direct-support organization shall provide for an 119 annual financial audit in accordance with s. 215.981. 120 (h)This subsection is repealed October 1, 2028, unless 121 reviewed and saved from repeal by the Legislature. 122 (2)CHILDREN AND YOUTH CABINET.The Department of Children 123 and Families shall establish a direct-support organization to 124 assist the Children and Youth Cabinet established in s. 402.56 125 in carrying out its purposes and responsibilities, primarily 126 regarding fostering public awareness of children and youth 127 issues and developing new partners in the effort to serve 128 children and youth by raising money; submitting requests for and 129 receiving grants from the Federal Government, the state or its 130 political subdivisions, private foundations, and individuals; 131 and making expenditures to or for the benefit of the cabinet. 132 The sole purpose for the direct-support organization is to 133 support the cabinet. 134 (a)The direct-support organization must be: 135 1.(a)Incorporated under chapter 617 and approved by the 136 Department of State as a Florida corporation not for profit. 137 2.(b)Organized and operated to make expenditures to or for 138 the benefit of the cabinet. 139 3.(c)Approved by the department to be operating for the 140 benefit of and in a manner consistent with the goals of the 141 cabinet and in the best interest of the state. 142 (b)(2)The board of directors of the direct-support 143 organization shall consist of seven members appointed by the 144 Governor. Each member of the board of directors shall be 145 appointed to a 4-year term. However, for the purpose of 146 providing staggered terms, the initial appointments shall be for 147 either 2 years or 4 years, as determined by the Governor. 148 (c)(3)The direct-support organization shall operate under 149 a written contract with the department. 150 (d)(4)All moneys received by the direct-support 151 organization must be deposited into an account of the direct 152 support organization and shall be used in a manner consistent 153 with the goals of the cabinet. 154 (e)(5)This subsection section is repealed October 1, 2024, 155 unless reviewed and saved from repeal by the Legislature. 156 Section 2.This act shall take effect upon becoming a law.