Florida Regulations 6C8-6.100: Direct Support Organizations
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(1) The President of the University may recommend to the Board of Trustees that an organization meeting the requirements of Section 1004.28(1)(a), F.S., be designated a Florida International University 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 University.
(2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of Section 1004.28(1)(a), F.S., and must have Articles of Incorporation and Bylaws that together:
(a) Provide that any person employed by the organization shall not be considered to be an employee of the Florida International University Board of Trustees by virtue of employment by the DSO.
(b) Provide that the chief executive officer or director of the DSO shall be selected and appointed by the governing board of the DSO, with prior approval of the President of the University, and that the chief executive officer or director shall report to the President or a designee reporting directly to the President.
(c) Provide that any amendments to the Articles of Incorporation or Bylaws be submitted by the President of the University to the Board of Trustees for approval prior to becoming effective.
(d) Provide that the President of the University shall have the following powers and duties:
1. Monitor and control the use of University resources by the organization.
2. Control the use of the University name by the DSO.
3. Monitor compliance of the organization with federal and state laws.
4. Recommend to the governing board of the DSO an annual budget.
5. Review and approve quarterly expenditure plans.
6. Approve contributions of funds or supplements to support intercollegiate athletics.
(e) Provide that the organization shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin.
(f) Prohibit the giving, directly or indirectly, of any gift to a political committee or committee of continuous existence as defined in Florida Statutes § 106.011, for any purpose other than those certified by a majority roll call vote of the organization’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the University.
(3) The Chair of the Florida International University Board of Trustees may appoint a representative to the governing body and the executive committee of each DSO. In addition, the President of the University or a designee shall also serve on the governing body and executive committee of each DSO.
(4) Each DSO shall submit an annual budget which has been approved by its governing board and recommended by the President of the University to the Board of Trustees for review. Such proposed budget shall be submitted no later than sixty (60) days after the first day of the fiscal year to which the proposed budget pertains. Each proposed budget shall include therein:
(a) Expenditures for the construction of physical facilities; and,
(b) Salary supplements, compensation and benefits provided to the President, University faculty, and staff, and to DSO employees to be paid with assets of the DSO, which shall be specifically identified.
(5) Each DSO shall prepare and submit to the President no later than the first day of each quarter of the organization’s fiscal year a quarterly expenditure plan that separately delineates planned actions which would cause a commitment of University resources or which represent a significant commitment of the resources of the DSO, including:
(a) Major fund raising events and campaigns and their purpose.
(b) Compensation and benefits to University employees and employees of the organization.
(c) Capital projects, including land acquisition, construction, renovation or repair.
(d) Other major commitments of the resources of the organization.
(6) Each 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 by the President of the University to the Board of Trustees no later than the end of the fourth month following the close of the organization’s fiscal year.
(a) Audits shall be conducted pursuant to Florida Statutes § 1004.28(5), and in accordance with rules adopted by the Auditor General pursuant to Florida Statutes § 11.45(8), and Florida International University rules.
(b) The President of the University shall submit the annual audit report to the Auditor General no later than nine (9) months after the close of the organization’s fiscal year.
(7) The President of the University 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 University. The recommendation for decertification shall include a plan for disposition of the organization’s assets and liabilities.
Rulemaking Authority Florida Statutes § 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37) FS. History-New 5-8-03.
Terms Used In Florida Regulations 6C8-6.100
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(a) Provide that any person employed by the organization shall not be considered to be an employee of the Florida International University Board of Trustees by virtue of employment by the DSO.
(b) Provide that the chief executive officer or director of the DSO shall be selected and appointed by the governing board of the DSO, with prior approval of the President of the University, and that the chief executive officer or director shall report to the President or a designee reporting directly to the President.
(c) Provide that any amendments to the Articles of Incorporation or Bylaws be submitted by the President of the University to the Board of Trustees for approval prior to becoming effective.
(d) Provide that the President of the University shall have the following powers and duties:
1. Monitor and control the use of University resources by the organization.
2. Control the use of the University name by the DSO.
3. Monitor compliance of the organization with federal and state laws.
4. Recommend to the governing board of the DSO an annual budget.
5. Review and approve quarterly expenditure plans.
6. Approve contributions of funds or supplements to support intercollegiate athletics.
(e) Provide that the organization shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin.
(f) Prohibit the giving, directly or indirectly, of any gift to a political committee or committee of continuous existence as defined in Florida Statutes § 106.011, for any purpose other than those certified by a majority roll call vote of the organization’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the University.
(3) The Chair of the Florida International University Board of Trustees may appoint a representative to the governing body and the executive committee of each DSO. In addition, the President of the University or a designee shall also serve on the governing body and executive committee of each DSO.
(4) Each DSO shall submit an annual budget which has been approved by its governing board and recommended by the President of the University to the Board of Trustees for review. Such proposed budget shall be submitted no later than sixty (60) days after the first day of the fiscal year to which the proposed budget pertains. Each proposed budget shall include therein:
(a) Expenditures for the construction of physical facilities; and,
(b) Salary supplements, compensation and benefits provided to the President, University faculty, and staff, and to DSO employees to be paid with assets of the DSO, which shall be specifically identified.
(5) Each DSO shall prepare and submit to the President no later than the first day of each quarter of the organization’s fiscal year a quarterly expenditure plan that separately delineates planned actions which would cause a commitment of University resources or which represent a significant commitment of the resources of the DSO, including:
(a) Major fund raising events and campaigns and their purpose.
(b) Compensation and benefits to University employees and employees of the organization.
(c) Capital projects, including land acquisition, construction, renovation or repair.
(d) Other major commitments of the resources of the organization.
(6) Each 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 by the President of the University to the Board of Trustees no later than the end of the fourth month following the close of the organization’s fiscal year.
(a) Audits shall be conducted pursuant to Florida Statutes § 1004.28(5), and in accordance with rules adopted by the Auditor General pursuant to Florida Statutes § 11.45(8), and Florida International University rules.
(b) The President of the University shall submit the annual audit report to the Auditor General no later than nine (9) months after the close of the organization’s fiscal year.
(7) The President of the University 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 University. The recommendation for decertification shall include a plan for disposition of the organization’s assets and liabilities.
Rulemaking Authority Florida Statutes § 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37) FS. History-New 5-8-03.