Bill Amendment: FL S0442 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Black Cultural Tourism Enhancement Commission

Status: 2013-05-03 - Died on Calendar [S0442 Detail]

Download: Florida-2013-S0442-Senate_Floor_Amendment_369782.html

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       Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 442
       
       
       
       
       
       
                                Barcode 369782                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/WD/2R         .                                
             04/25/2013 04:56 PM       .                                
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       Senator Thompson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 79 - 82
    4  and insert:
    5         (5) As used in this section, the term “direct-support
    6  organization” means a Florida not-for-profit corporation
    7  incorporated under chapter 617, Florida Statutes, and organized
    8  and operated to conduct programs and activities; initiate
    9  developmental projects; raise funds; request and receive grants,
   10  gifts, and bequests of moneys; acquire, receive, hold, invest,
   11  and administer, in its own name, securities, funds, objects of
   12  value, or other property, real or personal; and make
   13  expenditures to or for the direct or indirect benefit of black
   14  tourism in this state, to support the state’s black cultural
   15  sites, and to support the functions of the commission.
   16         (6)(a) The commission is authorized to organize and
   17  incorporate a direct-support organization pursuant to the
   18  requirements of this section and chapter 617, Florida Statutes,
   19  to accomplish the purposes and objectives set forth in this
   20  section.
   21         (b) The board of the direct-support organization shall
   22  consist of seven members. The Secretary of State shall appoint
   23  three members to serve 3-year terms. The commission shall
   24  appoint two members to serve 2-year terms and two members to
   25  serve 4-year terms. Thereafter, the board shall be self
   26  appointed according to the established bylaws.
   27         (c) The direct-support organization is subject to the
   28  provisions of ss. 119.07 and 286.011, Florida Statutes, and
   29  s.24, Article I of the State Constitution.
   30         (d) The direct-support organization shall maintain
   31  donations and direct service expenditures in a bank account
   32  outside the State Treasury.
   33         (e) Any administrative costs of running and promoting the
   34  purposes of the corporation must be paid by private funds.
   35         (7) The direct-support organization shall operate under
   36  written contract with the commission. The contract must provide
   37  for:
   38         (a) Approval by the commission of the articles of
   39  incorporation and bylaws of the direct-support organization.
   40         (b) Submission of an annual budget for the approval of the
   41  commission. The budget must comply with rules adopted by the
   42  commission.
   43         (c) Certification by the commission that the direct-support
   44  organization is complying with the terms of the contract and in
   45  a manner consistent with the goals and purposes of the
   46  commission and in the best interest of the state. Such
   47  certification must be made annually and reported in the official
   48  minutes of a meeting of the commission.
   49         (d) Reversion to the commission, or to the department if
   50  the commission ceases to exist, of moneys and property held in
   51  trust by the direct-support organization if the direct-support
   52  organization is no longer approved to operate for the commission
   53  or the commission ceases to exist.
   54         (e) A fiscal year for the direct-support organization
   55  beginning on July 1 of each year and ending on June 30 of the
   56  following year.
   57         (f) The disclosure of material provisions of the contract
   58  and the distinction between the board of directors and the
   59  direct-support organization to donors of gifts, contributions,
   60  or bequests, as well as on all promotional and fundraising
   61  publications.
   62         (8) The purposes and goals of the direct-support
   63  organization must be consistent with priority issues and
   64  objectives of the commission and must be in the best interests
   65  of the state.
   66         (9) Funds designated for the direct-support organization
   67  must be used for the enhancement of programs and projects of the
   68  commission. All moneys received by the organization must be
   69  deposited into an account of the organization and must be used
   70  by the organization in a manner consistent with the purposes and
   71  goals of the organization.
   72         (10) The direct-support organization shall comply with the
   73  audit requirements of s. 215.981, Florida Statutes.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76         And the title is amended as follows:
   77         Delete lines 11 - 13
   78  and insert:
   79         expenses for commission members; defining the term
   80         “direct-support organization”; authorizing the
   81         commission to create a direct-support organization;
   82         providing purposes and objectives; providing for
   83         members of the board of the direct-support
   84         organization; providing that the direct-support
   85         organization is subject to public records and meetings
   86         requirements; requiring expenses of the direct-support
   87         organization to be paid by private funds; requiring
   88         the direct-support organization to operate under a
   89         written contract with the commission; specifying
   90         contract requirements; providing guidelines for the
   91         use of the funds; requiring the direct-support
   92         organization to comply with audit requirements;
   93         providing an