Florida § 250.115 - Department of Military Affairs direct-support organization.

§ 250.115. Department of Military Affairs direct-support organization.

(1) DEFINITIONS. — As used in this section, the term: (a) “Direct-support organization” means an organization that is: 1. A Florida corporation not for profit, incorporated under chapter 617, and approved by the Department of State. 2. Organized and operated exclusively to raise funds; request and receive grants, gifts, and bequests of moneys; acquire, receive, hold, invest, and administer in its own name securities, funds, or property; support the processing of requests for assistance from the Soldiers and Airmen Assistance Program or similar programs, as directed by the Adjutant General; and make expenditures to or for the direct or indirect benefit of the Department of Military Affairs or the Florida National Guard. 3. Determined by the Department of Military Affairs to be operating in a manner consistent with the goals of the Department of Military Affairs and the Florida National Guard and in the best interest of the state. Any organization that is denied certification by the Adjutant General may not use the name of the Florida National Guard or the Department of Military Affairs in any part of its name or its publications. (b) “Personal services” includes full-time or part-time personnel as well as payroll processing. (2) BOARD OF DIRECTORS. — The organization shall be governed by a board of directors. The Adjutant General, or his or her designee, shall appoint a president of the board. The board of directors shall be appointed by the president of the board. (3) CONTRACT. — The direct-support organization shall operate under a written contract with the department. The written contract must provide for: (a) Certification by the department that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the department and in the best interests of the state. This certification must be made annually and reported in the official minutes of a meeting of the direct-support organization. (b) The reversion of moneys and property held by the direct-support organization: 1. To the department if the direct-support organization is no longer approved to operate by the department; 2. To the department if the direct-support organization ceases to exist; or 3. To the state if the department ceases to exist. (c) The disclosure of the material provisions of the contract and the distinction between the department and the direct-support organization to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications. (4) USE OF PROPERTY. — (a) The Department of Military Affairs may permit the use of property, facilities, and personal services of the Department of Military Affairs by the direct-support organization, subject to the provisions of this section. (b) The Department of Military Affairs may prescribe any condition with which a direct-support organization organized under this section must comply in order to use property, facilities, or personal services of the Department of Military Affairs. (c) The Department of Military Affairs may not permit the use of its property, facilities, or personal services by any direct-support organization organized under this section which does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, age, or religion. (5) ACTIVITIES; RESTRICTIONS. — Any transaction or agreement between the direct-support organization organized pursuant to this section and another direct-support organization must be approved by the Department of Military Affairs. (6) ANNUAL BUDGETS AND REPORTS. — The direct-support organization shall submit to the Department of Military Affairs its annual budget and financial reports, its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023), and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990). (7) ANNUAL AUDIT. — The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.