6C11-5.004. New College of Florida; Direct Support Organizations

(1) The President of the College may recommend to the College Board of Trustees that an organization meeting the requirements of section 1004.28(1)(a), F.S., be designated a New College of Florida Direct Support Organization (“DSO”). Upon approval by the Board of Trustees, a DSO shall be considered to be certified and authorized to use the property, facilities and personal services of the College.

(2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of section 1004.28, F.S., including the following:

(a) The DSO shall be incorporated in the state of Florida as a not-for-profit corporation under the provisions of chapter 617, F.S., and approved by the Department of State.

(b) The DSO shall be organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a state university in Florida or for the benefit of a research and development park or research and development authority affiliated with a state university and organized under part V of chapter 159, F.S.

(c) The DSO shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin.

(d) The DSO shall not, directly or indirectly, give any gift to a political committee or committee of continuous existence as defined in section 106.011, F.S., for any purpose other than those certified by the majority roll call vote of the DSO’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the College.

(3) The Director or Chief Operating Officer of the DSO shall report to the College President or designee.

(4) The DSO shall submit an annual budget which has been approved by its governing board to the President of the College or the President’s designee for review.

(5) Significant changes in projects funded, expenditures, or income projected in the annual budget must be reported to the College Board of Trustees.

(6) The DSO shall cause a financial audit of its accounts and records to be conducted by an independent certified public accountant after the close of each fiscal year. The audit report shall be submitted to the College Board of Trustees or designee, the Board of Governors, and the Auditor General for review. The College Board of Trustees or designee, the Board of Governors, the Auditor General and the Office of Program and Policy Analysis and Governmental Accountability may require and receive any records relative to the operation of the DSO from the DSO or its independent auditors.

(a) Audits shall be conducted pursuant to section 1004.28(5), F.S., and in accordance with the rules adopted by the Auditor General pursuant to section 11.45(8), F.S., and College rules and regulations.

(b) The President of the College shall submit the annual audit report to the Auditor General and to the Florida Board of Governors no later than nine (9) months after the close of the DSO’s fiscal year.

(7) The DSO shall submit its federal Internal Revenue Service application for Recognition from Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990) to the College Board of Trustees or designee.

(8) The President of the College may recommend to the Board of Trustees that an organization be decertified as a DSO if the President determines that the organization is no longer serving the best interest of the College. The recommendation for decertification shall include a plan for disposition of the DSO’s assets and liabilities.

(9) Notwithstanding the foregoing, this rule shall not be construed so as to impair any rights that may have vested in New College Foundation, Inc., as successor to New College, Inc. under that Merger Agreement dated December 9, 1974 or by virtue of any reliance thereupon by New College, Inc. or New College Foundation, Inc.

Rulemaking Authority 1004.28(1)(a) FS Law Implemented 1004.28(1)(a) FS. History–New 8-11-11.