(1) DEFINITION.–For the purpose of this section, the term “direct-support organization” means an organization:

(a) That is a corporation not for profit that is incorporated under chapter 617, exempted from filing fees, and approved by the Department of State;

Terms Used In Florida Statutes 944.802

  • 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.
  • Correctional system: means all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections. See Florida Statutes 944.02
  • Department: means the Department of Corrections. See Florida Statutes 944.02
  • Secretary: means the Secretary of Corrections. See Florida Statutes 944.02
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Organized and operated to conduct programs and activities; initiate developmental projects; raise funds; request and receive grants, gifts, and bequests of moneys; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the Department of Corrections or individual units of the state correctional system;
(c) Determined by the Department of Corrections to be consistent with the priority issues and objectives of the Department of Corrections and in the best interest of the state; and
(d) Approved in writing by the Secretary of Corrections to operate for the direct or indirect benefit of the Department of Corrections or individual units of the state correctional system. Such approval shall be in a letter of agreement from the Department of Corrections.
(2) USE OF PROPERTY.–

(a) The Department of Corrections may permit, without charge, appropriate use of fixed property and facilities of the state correctional system by a direct-support organization subject to this section. Such use must be directly in keeping with the approved purpose of the direct-support organization and may not be made at times or places that would unreasonably interfere with opportunities for inmates and staff to use the areas for established purposes.
(b) The Department of Corrections may prescribe by rule any condition with which a direct-support organization shall comply in order to use fixed property or facilities of the state correctional system.
(c) The Department of Corrections shall not permit the use of any fixed property or facilities of the Department of Corrections by a direct-support organization that does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.
(3) ANNUAL AUDIT.–The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.
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