September 18, 2020
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       ENROLLED
       2010 Legislature                            CS for CS for SB 644
       
       
       
       
       
       
                                                              2010644er
    1  
    2         An act relating to the direct-support organization for
    3         the Department of Military Affairs; amending s.
    4         250.115, F.S.; authorizing the direct-support
    5         organization to support the processing of requests
    6         from the Soldiers and Airmen Assistance Program or
    7         similar programs; authorizing the president of the
    8         direct-support organization to appoint all members of
    9         the board of directors; requiring the direct-support
   10         organization to operate pursuant to a contract with
   11         the Department of Military Affairs; requiring the
   12         direct-support organization to submit its annual
   13         budget and financial reports to the Department of
   14         Military Affairs; creating s. 250.116, F.S.; creating
   15         the Soldiers and Airmen Assistance Program;
   16         authorizing the program to provide specified types of
   17         assistance to certain members of the Florida National
   18         Guard and their families; providing for the review of
   19         requests for assistance; requiring the financial
   20         committee of the board of directors of the direct
   21         support organization for the Department of Military
   22         Affairs to review the financial transactions of the
   23         program quarterly; authorizing the financial committee
   24         of the board of directors to request additional
   25         reviews by the Office of Inspector General;
   26         authorizing the Department of Military Affairs to
   27         adopt rules to administer the Soldiers and Airmen
   28         Assistance Program; providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 250.115, Florida Statutes, is amended to
   33  read:
   34         250.115 Department of Military Affairs direct-support
   35  organization.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a) “Direct-support organization” means an organization
   38  that is:
   39         1. A Florida corporation not for profit, incorporated under
   40  chapter 617, and approved by the Department of State.
   41         2. Organized and operated exclusively to raise funds;
   42  request and receive grants, gifts, and bequests of moneys;
   43  acquire, receive, hold, invest, and administer in its own name
   44  securities, funds, or property; support the processing of
   45  requests for assistance from the Soldiers and Airmen Assistance
   46  Program or similar programs, as directed by the Adjutant
   47  General; and make expenditures to or for the direct or indirect
   48  benefit of the Department of Military Affairs or the Florida
   49  National Guard.
   50         3. Determined by the Department of Military Affairs to be
   51  operating in a manner consistent with the goals of the
   52  Department of Military Affairs and the Florida National Guard
   53  and in the best interest of the state. Any organization that is
   54  denied certification by the Adjutant General may not use the
   55  name of the Florida National Guard or the Department of Military
   56  Affairs in any part of its name or its publications.
   57         (b) “Personal services” includes full-time or part-time
   58  personnel as well as payroll processing.
   59         (2) BOARD OF DIRECTORS.—The organization shall be governed
   60  by a board of directors. The Adjutant General, or his or her
   61  designee, shall appoint a president of the board. The board of
   62  directors shall consist of up to 15 members appointed by the
   63  president of the board. Up to 15 additional members may be
   64  appointed by the president of the board of directors. The terms
   65  of office of the members shall be 3 years. Members must be
   66  residents of the state and highly knowledgeable about the United
   67  States military, its service personnel, and its missions. In
   68  making appointments, the board must consider a potential
   69  member’s background in community service. The board may remove
   70  any member for cause and shall fill vacancies that occur.
   71         (3) CONTRACT.—The direct-support organization shall operate
   72  under a written contract with the department. The written
   73  contract must provide for:
   74         (a) Certification by the department that the direct-support
   75  organization is complying with the terms of the contract and is
   76  doing so consistent with the goals and purposes of the
   77  department and in the best interests of the state. This
   78  certification must be made annually and reported in the official
   79  minutes of a meeting of the direct-support organization.
   80         (b) The reversion of moneys and property held by the
   81  direct-support organization:
   82         1. To the department if the direct-support organization is
   83  no longer approved to operate by the department;
   84         2. To the department if the direct-support organization
   85  ceases to exist; or
   86         3. To the state if the department ceases to exist.
   87         (c) The disclosure of the material provisions of the
   88  contract and the distinction between the department and the
   89  direct-support organization to donors of gifts, contributions,
   90  or bequests, including such disclosure on all promotional and
   91  fundraising publications.
   92         (4)(3) USE OF PROPERTY.—
   93         (a) The Department of Military Affairs may permit the use
   94  of property, facilities, and personal services of the Department
   95  of Military Affairs by the direct-support organization, subject
   96  to the provisions of this section.
   97         (b) The Department of Military Affairs may prescribe by
   98  rule any condition with which a direct-support organization
   99  organized under this section must comply in order to use
  100  property, facilities, or personal services of the Department of
  101  Military Affairs.
  102         (c) The Department of Military Affairs may not permit the
  103  use of its property, facilities, or personal services by any
  104  direct-support organization organized under this section which
  105  does not provide equal employment opportunities to all persons
  106  regardless of race, color, national origin, gender, age, or
  107  religion.
  108         (5)(4) ACTIVITIES; RESTRICTIONS.—Any transaction or
  109  agreement between the direct-support organization organized
  110  pursuant to this section and another direct-support organization
  111  or center of technology innovation designated under s. 1004.77
  112  must be approved by the Department of Military Affairs.
  113         (6)(5) ANNUAL BUDGETS AND REPORTS.—The direct-support
  114  organization shall submit to the Department of Military Affairs
  115  its annual budget and financial reports, its federal Internal
  116  Revenue Service Application for Recognition of Exemption form
  117  (Form 1023), and its federal Internal Revenue Service Return of
  118  Organization Exempt from Income Tax form (Form 990).
  119         (7)(6) ANNUAL AUDIT.—The direct-support organization shall
  120  provide for an annual financial audit in accordance with s.
  121  215.981.
  122         Section 2. Section 250.116, Florida Statutes, is created to
  123  read:
  124         250.116Soldiers and Airmen Assistance Program.—
  125         (1) PROGRAM PURPOSE.—The purpose of the program is to
  126  provide financial assistance and services to eligible
  127  servicemembers of the Florida National Guard and eligible
  128  members of their families. The program shall be administered by
  129  the Department of Military Affairs. The department may be
  130  assisted in the processing of applications and the
  131  administration of the program by the direct-support organization
  132  authorized under s. 250.115.
  133         (2) FUNDING.—The program shall be implemented through
  134  funding provided by the direct-support organization.
  135         (3) AUTHORIZED ASSISTANCE.—The assistance available under
  136  the program may include:
  137         (a) Housing.—The program may provide housing assistance.
  138  Housing assistance includes assistance with emergency repairs,
  139  renovations, or replacements that are needed for a
  140  servicemember’s primary residential property in order to address
  141  health or safety issues or meet disability needs. Housing
  142  assistance also includes assistance with lease deposits,
  143  mortgage payments, and rent payments.
  144         (b) Living expenses.—The program may provide assistance for
  145  living expenses that are reasonable and necessary to meet basic
  146  needs for eligible members of the Florida National Guard and
  147  eligible members of their families. Living expenses include
  148  expenses for clothing, groceries, utility services, motor
  149  vehicle fuel and transportation, insurance, and child care that
  150  is necessary in order to obtain or maintain employment.
  151         (c) Vehicles.—The program may provide assistance for
  152  repairs or short-term rentals required to maintain the primary
  153  vehicle of a servicemember’s family in a safe operating
  154  condition. If a repair will not restore the primary vehicle to a
  155  safe operating condition, or if there is no vehicle, assistance
  156  with the purchase of a vehicle may be provided if such a vehicle
  157  is necessary.
  158         (d) Health care.—The program may provide assistance for
  159  services that are documented by a medical authority as necessary
  160  for the health and welfare of the individual. Assistance is not
  161  available for elective procedures or medical care that is
  162  covered by insurance.
  163         (e) Other services.—The program may provide assistance for
  164  a service or expense that is not specifically enumerated in this
  165  subsection if the service or expense is reasonable under the
  166  circumstances.
  167         (4) ELIGIBILITY.—Persons eligible for assistance from the
  168  program include:
  169         (a) Servicemembers who are members of the Florida National
  170  Guard who are:
  171         1. On active duty serving in the Global War on Terrorism or
  172  Overseas Contingency Operation or who request assistance within
  173  120 days after the termination of orders for such service and
  174  return to their home of record.
  175         2. Deployed by the Federal Government and participating in
  176  state operations for homeland defense or request assistance
  177  within 120 days after the termination of orders for such service
  178  and return to their home of record.
  179         (b)1. Beneficiaries of an eligible servicemember designated
  180  on United States Department of Defense Form 93.
  181         2. Individuals demonstrating a financial need for
  182  authorized assistance who are dependents or family members of an
  183  eligible servicemember.
  184         (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.—
  185         (a) A request for assistance shall be reviewed and
  186  processed at the local level by an official designated by the
  187  Adjutant General. During the initial review and processing of
  188  the request, the Department of Military Affairs may accept
  189  assistance from the direct-support organization. Final review
  190  and approval of requests for assistance shall be made by the
  191  Department of Military Affairs.
  192         (b) Requests for assistance shall be reviewed and evaluated
  193  based on the following criteria:
  194         1. The impact of a servicemember’s absence and inability to
  195  assist in home and vehicle repairs or meet other family 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.

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