Florida Statutes 633.1423 – State Fire Marshal direct-support organization
Current as of: 2023 | Check for updates
|
Other versions
(1) DEFINITION.–As used in this section, the term “organization” means the direct-support organization established under this section.
(2) ORGANIZATION ESTABLISHED.–The division may establish a direct-support organization, to be known as the “State Fire Marshal Safety and Training Force,” whose sole purpose is to support the safety and training of firefighters and to recognize exemplary service. The organization must:
(a) Be a not-for-profit corporation incorporated under chapter 617 and approved by the Department of State.
Terms Used In Florida Statutes 633.1423
- Board: means the Florida Fire Safety Board. See Florida Statutes 633.102
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Financial Services. See Florida Statutes 633.102
- Division: means the Division of State Fire Marshal within the Department of Financial Services. See Florida Statutes 633.102
- Firefighter: means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of Compliance issued by the division under…. See Florida Statutes 633.102
- Use: means application, employment; that enjoyment of property which consists of its employment, occupation, exercise, or practice. See Florida Statutes 633.102
(b) Be organized and operated to raise funds; request and receive grants, gifts, and bequests of money; conduct programs and activities; acquire, receive, hold, invest, and administer, in its own name, securities, funds, or property; and make grants and expenditures to or for the direct or indirect benefit of the division. Grants and expenditures may include the cost of education or training of firefighters, or the recognition of exemplary service of firefighters.
(c) Be determined by the division to operate in a manner that is:
1. Consistent with the goals of the division and laws relating to the safety and training of firefighters.
2. In the best interest of the state.
3. In accordance with the adopted goals and mission of the division.
(d) Use all of its grants and expenditures solely for the purpose of educating, training, and recognizing firefighters, and not for advertising using the likeness or name of any elected official nor for the purpose of lobbying as defined in s. 11.045(1).
(e) Be subject to an annual financial audit in accordance with s. 215.981.
(3) CONTRACT.–The organization shall operate under written contract with the division. The contract must provide for:
(a) Certification by the division that the organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the department and in the best interest of the state. Such certification must be made annually and reported in the official minutes of a meeting of the organization.
(b) The reversion of moneys and property held by the organization for firefighter safety, training, and recognition to the division if the organization is no longer approved to operate by the division or if the organization ceases to exist, or to the state if the division ceases to exist.
(4) BOARD OF DIRECTORS.–The organization shall be governed by a board of directors. The State Fire Marshal, 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.
(5) USE OF PROPERTY.–The division may authorize, without charge, appropriate use of fixed property and facilities of the division by the organization, subject to this subsection.
(a) The department may prescribe any condition with which the organization must comply in order to use the division’s property or facilities.
(b) The department may not authorize the use of the division’s property or facilities if the organization does not provide equal membership and employment opportunities to all persons regardless of race, religion, sex, age, or national origin.
(c) The department shall adopt rules prescribing the procedures by which the organization is governed and any conditions with which the organization must comply to use the division’s property or facilities.
(6) DEPOSITORY ACCOUNT.–Any moneys received by the organization may be held in a separate depository account in the name of the organization and subject to the contract with the division.
(7) ANNUAL BUDGETS AND REPORTS.–The organization shall submit to the division its annual budget and financial reports, its federal Internal Revenue Service Application for Recognition of Exemption Form 1023, and its federal Internal Revenue Service Return of Organization Exempt from Income Tax Form 990.
(8) ANNUAL AUDIT.–The organization shall provide for an annual financial audit in accordance with s. 215.981.
(9) DIVISION’S RECEIPT OF PROCEEDS.–Proceeds received by the division from the organization shall be deposited into the Insurance Regulatory Trust Fund.
(10) REPEAL.–This section is repealed October 1, 2028, unless reviewed and saved from repeal by the Legislature.