229.8021 Direct-support organization; use of
property; board of directors; audit. ---
(1) DEFINITIONS. For the purposes of this section, the term:
(a) "Department of Education direct-support organization" means
an organization:
1. Which is a corporation not for profit that is incorporated under
the provisions of chapter 617 and approved by the Department of State;
2. Which is organized and operated exclusively to receive, hold,
invest, and administer property and to make expenditures to or for the benefit
of public prekindergarten through 12th grade education in this state;
and
3. Which the State Board of Education, after review, has certified
to be operating in a manner consistent with the goals and best interest of the
Department of Education.
(b) "Personal services" includes full-time or part-time
personnel, as well as payroll processing.
(2) USE OF PROPERTY. The State Board of Education:
(a) Is authorized to permit the use of property, facilities, and
personal services of the Department of Education by the direct-support
organization, subject to the provisions of this section.
(b) Shall prescribe by rule conditions with which the direct-support
organization must comply in order to use property, facilities, or personal
services of the Department of Education. Such rules shall provide for budget
and audit review and for oversight by the department.
(c) Shall not permit the use of property, facilities, or personal
services of the direct-support organization if such organization does not
provide equal employment opportunities to all persons, regardless of race,
color, national origin, sex, age, or religion.
(3) BOARD OF DIRECTORS. The board of directors of the
Department of Education direct-support organization shall be appointed by the
Commissioner of Education and shall include representation from business,
industry, and other components of Florida's economy.
(4) ANNUAL AUDIT. The direct-support organization shall make
provision for an annual postaudit of its financial accounts to be conducted by
an independent, certified public accountant in accordance with rules to be
promulgated by the State Board of Education. The annual audit report shall
include a management letter and shall be submitted to the Auditor General and
the State Board of Education for review. The State Board of Education and the
Auditor General have the authority to require and receive from the
organization or from its independent auditor any detail or supplemental data
relative to the operation of the organization. The identity of donors and all
information identifying donors and prospective donors is confidential and
exempt from the provisions of s. 119.07(1), and that anonymity shall be
maintained in the auditor's report. All other records and information shall
be considered public records for the purposes of chapter 119. This exemption
is subject to the Open Government Sunset Review Act in accordance with
[Footnote 1] s. 119.14.
History: s. 1, ch. 84-172; s. 41, ch. 85-80; s. 24, ch. 87-329; s. 1, ch. 88-154;
s. 57, ch. 90-360.
[Footnote 1] Note.
A. Repealed by s. 1, ch. 95-217.
B. Section 4, ch. 95-217, provides that "notwithstanding
any provision of law to the contrary, exemptions from chapter 119, Florida
Statutes, or chapter 286, Florida Statutes, which are prescribed by law and
are specifically made subject to the Open Government Sunset Review Act in
accordance with section 119.14, Florida Statutes, are not subject to review
under that act, and are not abrogated by the operation of that act, after
October 1, 1995."
