Bill Text: FL H0395 | 2010 | Regular Session | Comm Sub

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Bill Title: Direct-support Organization/Military Affairs

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 644; Laid on Table, companion bill(s) passed, see CS/CS/SB 644 (Ch. 2010-98) -HJ 01165 [H0395 Detail]

Download: Florida-2010-H0395-Comm_Sub.html

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CS/HB 395

1	A bill to be entitled
2	An act relating to the direct-support organization for the
3	Department of Military Affairs; amending s. 250.115, F.S.;
4	authorizing the direct-support organization to support the
5	processing of requests for assistance from the Soldiers
6	and Airmen Assistance Program or similar programs;
7	authorizing the president of the direct-support
8	organization to appoint all members of the board of
9	directors; requiring the direct-support organization to
10	operate pursuant to a contract with the Department of
11	Military Affairs; requiring the direct-support
12	organization to submit its annual budget and financial
13	reports to the Department of Military Affairs; creating s.
14	250.116, F.S.; creating the Soldiers and Airmen Assistance
15	Program; authorizing the program to provide specified
16	types of assistance to certain members of the Florida
17	National Guard and their families; providing for the
18	review of requests for assistance; requiring the financial
19	committee of the board of directors of the direct-support
20	organization for the Department of Military Affairs to
21	review the financial transactions of the program
22	quarterly; authorizing the financial committee of the
23	board of directors to request additional reviews by the
24	Office of Inspector General; authorizing the Department of
25	Military Affairs to adopt rules to administer the Soldiers
26	and Airmen Assistance Program; providing an effective
27	date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Section 250.115, Florida Statutes, is amended
32	to read:
33	250.115 Department of Military Affairs direct-support
34	organization.-
35	(1) DEFINITIONS.-As used in this section, the term:
36	(a) "Direct-support organization" means an organization
37	that is:
38	1. A Florida corporation not for profit, incorporated
39	under chapter 617, and approved by the Department of State.
40	2. Organized and operated exclusively to raise funds;
41	request and receive grants, gifts, and bequests of moneys;
42	acquire, receive, hold, invest, and administer in its own name
43	securities, funds, or property; support the processing of
44	requests for assistance from the Soldiers and Airmen Assistance
45	Program or similar programs as directed by the Adjutant General;
46	and make expenditures to or for the direct or indirect benefit
47	of the Department of Military Affairs or the Florida National
48	Guard.
49	3. Determined by the Department of Military Affairs to be
50	operating in a manner consistent with the goals of the
51	Department of Military Affairs and the Florida National Guard
52	and in the best interest of the state. Any organization that is
53	denied certification by the Adjutant General may not use the
54	name of the Florida National Guard or the Department of Military
55	Affairs in any part of its name or its publications.
56	(b) "Personal services" includes full-time or part-time
57	personnel as well as payroll processing.
58	(2) BOARD OF DIRECTORS.-The organization shall be governed
59	by a board of directors. The Adjutant General, or his or her
60	designee, shall appoint a president of the board. The board of
61	directors shall consist of up to 15 members appointed by the
62	president of the board. Up to 15 additional members may be
63	appointed by the president of the board of directors. The terms
64	of office of the members shall be 3 years. Members must be
65	residents of the state and highly knowledgeable about the United
66	States military, its service personnel, and its missions. In
67	making appointments, the board must consider a potential
68	member's background in community service. The board may remove
69	any member for cause and shall fill vacancies that occur.
70	(3) CONTRACT.-The direct-support organization shall
71	operate under a written contract with the department. The
72	written contract must provide for:
73	(a) Certification by the department that the direct-
74	support organization is complying with the terms of the contract
75	and is doing so consistent with the goals and purposes of the
76	department and in the best interests of the state. This
77	certification must be made annually and reported in the official
78	minutes of a meeting of the direct-support organization.
79	(b) The reversion of moneys and property held by the
80	direct-support organization:
81	1. To the department if the direct-support organization is
82	no longer approved to operate for the department;
83	2. To the department if the direct-support organization
84	ceases to exist; or
85	3. To the state if the department ceases to exist.
86	(c) The disclosure of the material provisions of the
87	contract and the distinction between the department and the
88	direct-support organization to donors of gifts, contributions,
89	or bequests, including such disclosure on all promotional and
90	fundraising publications.
91	(4)(3) USE OF PROPERTY.-
92	(a) The Department of Military Affairs may permit the use
93	of property, facilities, and personal services of the Department
94	of Military Affairs by the direct-support organization, subject
95	to the provisions of this section.
96	(b) The Department of Military Affairs may prescribe by
97	rule any condition with which a direct-support organization
98	organized under this section must comply in order to use
99	property, facilities, or personal services of the Department of
100	Military Affairs.
101	(c) The Department of Military Affairs may not permit the
102	use of its property, facilities, or personal services by any
103	direct-support organization organized under this section which
104	does not provide equal employment opportunities to all persons
105	regardless of race, color, national origin, gender, age, or
106	religion.
107	(5)(4) ACTIVITIES; RESTRICTIONS.-Any transaction or
108	agreement between the direct-support organization organized
109	pursuant to this section and another direct-support organization
110	or center of technology innovation designated under s. 1004.77
111	must be approved by the Department of Military Affairs.
112	(6)(5) ANNUAL BUDGETS AND REPORTS.-The direct-support
113	organization shall submit to the Department of Military Affairs
114	its annual budget and financial reports, its federal Internal
115	Revenue Service Application for Recognition of Exemption form
116	(Form 1023), and its federal Internal Revenue Service Return of
117	Organization Exempt from Income Tax form (Form 990).
118	(7)(6) ANNUAL AUDIT.-The direct-support organization shall
119	provide for an annual financial audit in accordance with s.
120	215.981.
121	Section 2. Section 250.116, Florida Statutes, is created
122	to read:
123	250.116 Soldiers and Airmen Assistance Program.-
124	(1) PROGRAM PURPOSE.-The purpose of the program is to
125	provide financial assistance and services to eligible
126	servicemembers of the Florida National Guard and eligible
127	members of their families. The program shall be administered by
128	the Department of Military Affairs. The department may be
129	assisted in the processing of applications and the
130	administration of the program by the direct-support organization
131	authorized under s. 250.115.
132	(2) FUNDING.-The program shall be implemented through
133	funding provided by the direct-support organization.
134	(3) AUTHORIZED ASSISTANCE.-The assistance available under
135	the program may include:
136	(a) Housing.-The program may provide housing assistance.
137	Housing assistance includes assistance with emergency repairs,
138	renovations, or replacements that are needed for a
139	servicemember's primary residential property in order to address
140	health or safety issues or meet disability needs. Housing
141	assistance also includes assistance with lease deposits,
142	mortgage payments, and rent payments.
143	(b) Living expenses.-The program may provide assistance
144	for living expenses that are reasonable and necessary to meet
145	basic needs for eligible members of the Florida National Guard
146	and eligible members of their families. Living expenses include
147	expenses for clothing, groceries, utility services, motor
148	vehicle fuel and transportation, insurance, and child care that
149	is necessary to obtain or maintain employment.
150	(c) Vehicles.-The program may provide assistance for
151	repairs or short-term rentals required to maintain the primary
152	vehicle of a servicemember's family in a safe operating
153	condition. If a repair will not restore the primary vehicle to a
154	safe operating condition or if there is no vehicle, assistance
155	with the purchase of a vehicle may be provided if such a vehicle
156	is necessary.
157	(d) Health care.-The program may provide assistance for
158	services that are documented by a medical authority as necessary
159	for the health and welfare of the individual. Assistance is not
160	available for elective procedures or medical care that is
161	covered by insurance.
162	(e) Other services.-The program may provide assistance for
163	a service or expense that is not specifically enumerated in this
164	subsection if the service or expense is reasonable under the
165	circumstances.
166	(4) ELIGIBILITY.-Persons eligible for assistance from the
167	program include:
168	(a) Servicemembers who are members of the Florida National
169	Guard who are:
170	1. On active duty serving in the Global War on Terrorism
171	or Overseas Contingency Operation or request assistance within
172	120 days after the termination of orders for such service and
173	return to home of record.
174	2. Deployed by the Federal Government and participating in
175	state operations for homeland defense or request assistance
176	within 120 days after the termination of orders for such service
177	and return to home of record.
178	(b)1. Beneficiaries of an eligible servicemember
179	designated on the United States Department of Defense Form 93.
180	2. Individuals demonstrating a financial need for
181	authorized assistance who are dependents or family members of an
182	eligible servicemember.
183	(5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.-
184	(a) A request for assistance shall be reviewed and
185	processed at the local level by an official designated by the
186	Adjutant General. During the initial review and processing of
187	the request, the Department of Military Affairs may accept
188	assistance from the direct-support organization. Final review
189	and approval of requests for assistance shall be made by the
190	Department of Military Affairs.
191	(b) Requests for assistance shall be reviewed and
192	evaluated based on the following criteria:
193	1. The impact of a servicemember's absence and inability
194	to assist in home and vehicle repairs or meet other family
195	needs;
196	2. The economic impact of deployment;
197	3. The overall financial situation of the applicant;
198	4. The assistance authorized under the program; and
199	5. Other relevant information.
200	(6) QUARTERLY FINANCIAL REVIEW.-The financial committee of
201	the board of directors of the direct-support organization shall
202	review financial transactions of the program each quarter. This
203	review shall be provided to the Department of Military Affairs
204	in order to determine whether the direct-support organization is
205	being operated in a manner that is consistent with the purposes
206	of the Soldiers and Airmen Assistance Fund, and in the best
207	interests of the department. The financial committee may request
208	the Office of Inspector General to conduct additional reviews.
209	(7) RULES.-The Department of Military Affairs may adopt
210	rules to administer this section.
211	Section 3. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.