1002.361 Florida School for the Deaf and the Blind; direct-support organization; authority.
1002.361 Florida School for the Deaf and the Blind; direct-support organization; authority.
(1) The board of trustees of the Florida School for the Deaf and the Blind may establish a direct-support organization that is:
(a) A Florida corporation, not for profit, incorporated under chapter 617 and approved by the Secretary of State.
(b) Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Florida School for the Deaf and the Blind or the board of trustees.
(c) An organization that the board of trustees, after review, has certified to be operating in a manner consistent with the goals of the Florida School for the Deaf and the Blind and the board of trustees and in the best interests of the state. Unless so certified, the organization may not use the name of the Florida School for the Deaf and the Blind.
(2) The direct-support organization shall operate under written contract with the board of trustees. The contract must provide for:
(a) Approval of the articles of incorporation and bylaws of the direct-support organization by the board of trustees.
(b) Submission of an annual budget for the approval of the board of trustees. The budget must comply with rules adopted by the board of trustees.
(c) Certification by the board of trustees that the direct-support organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the board and in the best interest of the state. The certification must be made annually and reported in the official minutes of a meeting of the board of trustees.
(d) The reversion to the board of trustees, or to the state if the Florida School for the Deaf and the Blind or the board of trustees ceases to exist, of moneys and property held in trust by the direct-support organization for the benefit of the Florida School for the Deaf and the Blind or the board of trustees, if the direct-support organization is no longer approved to operate for the Florida School for the Deaf and the Blind or board of trustees or if the Florida School for the Deaf and the Blind or the board of trustees ceases to exist.
(e) The fiscal year of the direct-support organization, which must begin July 1 of each year and end June 30 of the following year.
(f) The disclosure of material provisions of the contract and of the distinction between the board of trustees and the direct-support organization to donors of gifts, contributions, or bequests, and the disclosure on all promotional and fundraising publications.
(3) The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981. The board of trustees and Auditor General may require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization.
(4) The chair of the board of trustees and the chief administrative employee of the Florida School for the Deaf and the Blind shall be directors of the direct-support organization and shall jointly name, at a minimum, three other individuals to serve as directors of the organization.
(5) The board of trustees may authorize the direct-support organization established in this section to use property of the Florida School for the Deaf and the Blind or of the board of trustees, except money, and use facilities and personal services subject to this section. If the direct-support organization does not provide equal employment opportunities to all persons regardless of race, color, religion, gender, age, or national origin, it may not use the property, facilities, or personal services of the Florida School for the Deaf and the Blind or of the board of trustees. For the purposes of this section, the term “personal services” includes full-time personnel and part-time personnel as well as payroll processing as prescribed by rule of the board of trustees. The board of trustees shall adopt rules prescribing the procedures by which the direct-support organization is governed and any conditions with which a direct-support organization must comply to use property, facilities, or personal services of the Florida School for the Deaf and the Blind or of the board of trustees.
History. s. 6, ch. 2004-331.