The purpose of this rule is to comply with Section 14.29(13), F.S. The statute requires the commission to adopt rules.

 

EXECUTIVE OFFICE OF THE GOVERNOR
Commission on Community Service

RULE NO: RULE TITLE
27O-1.001: Direct-Support Organization Function, Bylaws and Services Contract
27O-1.002: Governance
27O-1.003: Disposition of Funds
27O-1.004: Budget
27O-1.005: Use of Commission Property and Facilities
27O-1.006: Use of Personal Services
PURPOSE AND EFFECT: The purpose of this rule is to comply with Section 14.29(13), F.S. The statute requires the commission to adopt rules.
SUMMARY: Procedures by which the direct-support organization is governed and any conditions with which the direct-support organization must comply to use property, facilities, or personal services of the commission.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 14.29(10), 14.29(13) FS.
LAW IMPLEMENTED: 14.29 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 9, 2009, 1:30 p.m. – 3:00 p.m. EDT.
PLACE: Elliot Building, 401 South Monroe Street, Conference Room 212A, Tallahassee, Florida 32301
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Tom Linley, Governor’s Commission on Volunteerism and Community Service, 401 South Monroe Street, Tallahassee, Florida 32301. Telephone number: [phone]. Email address: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(850)921-5172.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tom Linley, 401 South Monroe Street, Tallahassee, FL 32301, e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

27O-1.001 Direct Support Organization Functions, Bylaws and Services Contract.

(1) An organization may request approval of the Commission to become a DSO. The requesting organization must fulfill the requirements of Section 14.29, F.S.

(2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of Section 14.29, F.S., and must have Articles of Incorporation and Bylaws that together provide that the:

(a) DSO is organized and operated exclusively to support or benefit the Commission.

(b) Bylaws shall describe the operating procedures and specific individual responsibilities of the DSO’s governing board, committees, and officers of the organization.

(c) DSO governing board shall consist of not less than nine members and not more than fifteen members each serving a term of three years.

(d) members of the DSO’s governing board shall be appointed by the Commission; a minimum of two members of the Commission, appointed by the Commission Chairman, shall serve on the DSO’s governing board as voting members; a minimum of one Commission member shall serve on the executive board of the DSO governing board.

(e) director of the DSO shall be selected by the DSO’s governing board subject to approval of the Commission; the director of the DSO shall be a direct report to the Commission or a designee reporting directly to the Commission.

(f) DSO shall conduct its business in full compliance with Florida statutes and regulations including the Florida Sunshine Law, Public Records Law, and applicable Florida Administrative Code (FAC) Administrative Rules.

(3) The DSO shall operate under written services contract with the Commission as outlined in Section 14.29(10), F.S.; the contract period shall not exceed three years.

(4) The organization shall provide equal employment opportunities for all persons regardless of race, color, religion, gender, age, or national origin.

(5) The DSO shall have personnel policies consistent with Commission personnel policies.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

27O-1.002 Governance.

(1) The Commission shall annually review and approve all programs administered by the DSO. The Commission shall evaluate and approve all new programs prior to any informal commitment, formal contract or other legal commitment.

(2) The DSO governing board shall meet quarterly which may include telephonically.

(3) The DSO shall provide to the Commission minutes and supporting documents from all governing board meetings, executive board meetings, committee meetings and advisory board meetings within 30 days of the meetings.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

27O-1.003 Disposition of Funds.

If the Commission determines that the DSO is no longer complying with the Services Contact and in a manner consistent with the goals and purposes of the Commission and in the best interest of the state, the Commission may decertify the DSO and thereafter the organization may not use the name of or any trademarked names of the Commission. Decertification shall include a plan for disposition of the DSO’s assets and liabilities in accordance with Section 14.29 (10)(d), F.S.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

27O-1.004 Budget.

(1) The DSO shall have the authority to amend its budget. Budget amendment requests for more than 10% of the total amount of the annual budget or more than $50,000 shall require the approval of the DSO’s governing board and the Commission.

(2) The DSO shall provide for an annual audit in accordance with Section 215.981, F.S., which shall be submitted to the Commission for review and approval.

(3) The DSO shall provide for compliance and/or operational audits when directed by the Commission; the scope of audit shall be approved by the Commission or designee.

(4) The DSO shall prepare and submit to the Commission monthly expense reports.

(5) The DSO shall prepare and submit to the Commission quarterly expenditure plans that separately delineate planned actions which represent a significant commitment of the resources of the DSO, including:

(a) Major fund raising events, grants, and campaigns and their purpose.

(b) Other major commitments of the resources of the organization.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

27O-1.005 Use of Commission Property and Facilities

(1) The DSO may lease office space from the Florida Department of Management Services or another entity. The lease agreement shall be between the DSO and the lessor. Payment for leased space is the responsibility of the DSO.

(2) The Commission and the DSO may share facilities. The DSO’s use of the Commission’s facilities and vice versa shall be with the approval of the organization holding the lease on said space.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

27O-1.006 Use of Personal Services.

The Commission and the DSO may share personal services. Personnel sharing costs shall be in compliance with funding sources and a written personnel sharing agreement.

Rulemaking Authority 14.29(10), 14.29(13) FS. Law Implemented 14.29 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Linley

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor’s Commission on Volunteerism and Community Service

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 7, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 24, 2009