Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2676
                        Barcode 382338
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/24/2007 04:37 PM         .                    
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11  The Committee on Governmental Operations (Lawson) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 110.182, Florida Statutes, is
19  created to read:
20         110.182  Florida Public Employees' Charitable
21  Campaign.--
22         (1)  DEFINITIONS.--As used in this section, the term:
23         (a)  "Federation" means a group of not-for-profit
24  charitable organizations that have voluntarily joined together
25  for purposes of raising and distributing contributions for and
26  among themselves.
27         (b)  "Member agency" means a not-for-profit charitable
28  organization belonging to a federation.
29         (c)  "Public employee" means an employee of a local
30  governmental agency or any of its departments, bureaus,
31  committees, or officers.
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2676 Barcode 382338 1 (d) "Public employer" means a local governmental 2 agency or any of its departments, bureaus, committees, or 3 officers. 4 (2) CREATION AND ORGANIZATION OF PUBLIC EMPLOYEES' 5 CHARITABLE CAMPAIGN.-- 6 (a) Any public employer that conducts or wishes to 7 conduct charitable workplace-giving campaigns shall include 8 charitable organizations that meet the eligibility 9 requirements for participation in each local campaign. This 10 annual Florida Public Employees' Charitable Campaign is the 11 only authorized charitable fundraising drive directed toward 12 public employees within work areas during work hours and for 13 which the public employer will provide payroll deduction. This 14 campaign may be held any time during the year in conjunction 15 with or separately from any current charitable 16 workplace-giving campaign. 17 (b) Any public employer that conducts or wishes to 18 conduct charitable workplace-giving campaigns, in coordination 19 with the payroll department of such employer, may make 20 deductions from the salary or wage of any public employee in 21 an amount authorized by that employee and for any purpose 22 authorized by that employee. The employer shall pay such sums 23 deducted as directed by such employee. 24 (c) Public employee contributions toward the Florida 25 Public Employees' Charitable Campaign must be entirely 26 voluntary. 27 (d) An applicable public employer shall authorize 28 deductions from the salaries or wages of its public employees 29 in an amount specified by each employee for payment to an 30 eligible charitable organization. The request for the 31 deduction may be withdrawn by the employee at any time by 2 3:08 PM 04/19/07 s2676d-go06-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2676 Barcode 382338 1 filing a written notification of withdrawal with the 2 applicable treasurer or responsible official in charge of the 3 payroll system. If the employer authorizes deductions from the 4 salaries or wages of its employees for payment to any eligible 5 charitable organization, the employer shall ensure that an 6 employee may authorize a deduction to any eligible charitable 7 organization. 8 (e) Participation in the annual Florida Public 9 Employees' Charitable Campaign must be limited to any 10 nonprofit charitable federation or member agency that has as 11 its principal mission: 12 1. Public health and welfare; 13 2. Education; 14 3. Environmental restoration and conservation; 15 4. Civil and human rights; or 16 5. Relief of human suffering and poverty. 17 (f) To qualify as a nonprofit charitable federation or 18 member agency: 19 1. A federation or member agency must have had an 20 office open at least 20 hours per week employing full-time or 21 part-time employees in this state for the last 3 years. 22 2. A federation must represent at least 10 health and 23 human services, social welfare, or environmental agencies that 24 also have an office open at least 20 hours per week employing 25 full-time or part-time employees. 26 3. A member agency must document available services in 27 the local service area in which the campaign takes place in 28 order to participate in any local public employer campaign. 29 4. A federation or member agency must be governed by 30 an active, voluntary board that exercises administrative 31 control. 3 3:08 PM 04/19/07 s2676d-go06-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2676 Barcode 382338 1 (g) Any nonprofit charitable federation or member 2 agency participating in the Florida Public Employees' 3 Charitable Campaign must have its financial records audited 4 annually by an independent public accountant whose examination 5 conforms to generally accepted accounting principles. 6 (h) A local unaffiliated eligible charitable 7 organization may apply to a participating federation for 8 inclusion in the local public employer campaign if the 9 charitable organization meets the eligibility requirements of 10 the participating federation, ensuring that all local eligible 11 charitable organizations can participate. 12 (i) An independent charitable organization is exempt 13 from the requirement of membership in a federation or member 14 agency in paragraph (e) if the organization currently 15 participates in an established public employer campaign and is 16 in compliance with paragraphs (f) and (j). 17 (j) Federations and member agencies that are 18 ineligible to participate in the Florida Public Employees' 19 Charitable Campaign include, but are not limited to: 20 1. A federation or member agency whose fundraising and 21 administrative expenses exceed 25 percent, unless 22 extraordinary circumstances can be demonstrated. 23 2. A federation or member agency whose activities 24 contain an element that is more than incidentally political in 25 nature or whose activities are primarily political, religious, 26 professional, or fraternal in nature. 27 3. A federation or member agency that discriminates 28 against any individual or group on account of race, color, 29 religion, gender, national origin, age, handicap, or political 30 affiliation. 31 4. A federation or member agency that is not properly 4 3:08 PM 04/19/07 s2676d-go06-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2676 Barcode 382338 1 registered as a charitable organization as required by ss. 2 496.401-496.424. 3 5. A federation or member agency that has not received 4 tax-exempt status under s. 501(c)(3) of the Internal Revenue 5 Code. 6 (3) SELECTION OF FISCAL AGENTS; COST.-- 7 (a) A public employer that conducts or wishes to 8 conduct charitable workplace giving campaigns is not required 9 to select a fiscal agent to act on its behalf for campaign 10 fund distribution, but may select through the 11 competitive-procurement process fiscal agents to receive, 12 account for, and distribute charitable contributions among 13 participating charitable organizations. 14 (b) A fiscal agent shall withhold the reasonable costs 15 of conducting the campaign and of accounting and distribution 16 to the participating organizations, not to exceed 12 percent 17 of gross campaign pledges, and shall reimburse the public 18 employer the actual cost, not to exceed 1 percent of gross 19 pledges, for coordinating the campaign in accordance with the 20 rules of the public employer. 21 (c) The fiscal agent shall furnish the public employer 22 and participating charitable federations and member agencies a 23 report of the accounting and distribution activities. Records 24 relating to these activities shall be open for inspection. 25 (d) A local committee shall be established by each 26 public employer to assist in conducting the campaign. 27 (e) Participating charitable federations and member 28 agencies shall receive the same percentage of undesignated 29 funds raised in any campaign as the percentage of designated 30 funds they receive. 31 (f) All charitable organizations shall be represented 5 3:08 PM 04/19/07 s2676d-go06-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2676 Barcode 382338 1 equally and fairly in each Florida Public Employees' 2 Charitable Campaign. 3 Section 2. This act shall take effect July 1, 2007. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to public employee charitable 13 campaigns; creating s. 110.182, F.S.; providing 14 definitions; creating the Florida Public 15 Employees' Charitable Campaign; providing for 16 organization of the campaign; authorizing 17 salary or wage deductions for purposes of the 18 campaign; providing that campaign contributions 19 must be voluntary; providing criteria for the 20 application and for withdrawal from the 21 campaign; providing that participation must be 22 limited to certain nonprofit charitable 23 federations and member agencies; providing an 24 exception; excluding certain organizations from 25 participation; providing for selection of 26 fiscal agents; providing an effective date. 27 28 29 30 31 6 3:08 PM 04/19/07 s2676d-go06-k0a