Senate Bill sb2676
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Florida Senate - 2007 SB 2676
By Senators Lawson and Wise
6-1406-07 See HB
1 A bill to be entitled
2 An act relating to public employee charitable
3 campaigns; amending s. 110.181, F.S.; deleting
4 a provision limiting charitable fundraising
5 directed toward state employees within work
6 areas during work hours, and for which the
7 state will provide payroll deduction, to the
8 Florida State Employees' Charitable Campaign;
9 creating s. 110.182, F.S.; creating the Florida
10 Public Employees' Charitable Campaign;
11 providing organization of campaign; authorizing
12 salary or wage deductions for purposes of the
13 campaign; providing that campaign contributions
14 must be voluntary; providing criteria for the
15 application and withdrawal from the campaign;
16 providing that participation must be limited to
17 certain nonprofit charitable federations and
18 member agencies; excluding certain
19 organizations from participation; providing for
20 selection of fiscal agent; providing
21 definitions; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Paragraph (a) of subsection (1) of section
26 110.181, Florida Statutes, is amended to read:
27 110.181 Florida State Employees' Charitable
28 Campaign.--
29 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
30 (a) The Department of Management Services shall
31 establish and maintain, in coordination with the payroll
1
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Florida Senate - 2007 SB 2676
6-1406-07 See HB
1 system of the Department of Financial Services, an annual
2 Florida State Employees' Charitable Campaign. Except as
3 provided in subsection (5), this annual fundraising drive is
4 the only authorized charitable fundraising drive directed
5 toward state employees within work areas during work hours,
6 and for which the state will provide payroll deduction.
7 Section 2. Section 110.182, Florida Statutes, is
8 created to read:
9 110.182 Florida Public Employees' Charitable
10 Campaign.--
11 (1) CREATION AND ORGANIZATION OF PUBLIC EMPLOYEES'
12 CHARITABLE CAMPAIGN.--
13 (a) The state or any of its departments, bureaus,
14 commissions, and officers are authorized and permitted, in
15 coordination with the payroll system of the Department of
16 Financial Services, to establish and maintain an annual
17 Florida Public Employees' Charitable Campaign.
18 (b) The state or any of its departments, bureaus,
19 commissions, and officers are authorized and permitted, with
20 the concurrence of the Department of Financial Services, to
21 make deductions from the salary or wage of any employee in
22 such amount as shall be authorized and requested by such
23 employee and for such purpose as shall be authorized and
24 requested by such employee and shall pay such sums so deducted
25 as directed by such employee.
26 (c) Public employer officers' and employees'
27 contributions toward the Florida Public Employees' Charitable
28 Campaign must be entirely voluntary.
29 (d) An applicable public employer shall authorize
30 deductions from the salaries or wages of its employees of an
31 amount specified by each employee for payment to an eligible
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Florida Senate - 2007 SB 2676
6-1406-07 See HB
1 charitable organization. The request for the deduction may be
2 withdrawn by the employee at any time by filing a written
3 notification of withdrawal with the applicable treasurer or
4 responsible official in charge of the payroll system. If an
5 applicable public employer authorizes deductions from the
6 salaries or wages of its employees for payment to any eligible
7 charitable organization, the applicable public employer shall
8 ensure that an employee shall be permitted to authorize a
9 deduction to any eligible charitable organization.
10 (e) Participation in the annual Florida Public
11 Employees' Charitable Campaign must be limited to any
12 nonprofit charitable federation and member agency that has as
13 its principal mission:
14 1. Public health and welfare;
15 2. Education;
16 3. Environmental restoration and conservation;
17 4. Civil and human rights; or
18 5. The relief of human suffering and poverty.
19 (f) To qualify as a nonprofit charitable federation or
20 member agency, the federation or member agency must:
21 1. Have had an office open at least 20 hours per week
22 employing full-time or part-time employees in this state for
23 the last 5 years.
24 2. Represent at least 10 health and human services,
25 social welfare, or environmental agencies that also have an
26 office open at least 20 hours per week employing full-time or
27 part-time employees in this state.
28 3. Be governed by an active, voluntary board that
29 exercises administrative control.
30 (g) Any nonprofit charitable federation and member
31 agency participating in the Florida Public Employees'
3
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Florida Senate - 2007 SB 2676
6-1406-07 See HB
1 Charitable Campaign must have its financial records audited
2 annually by an independent public accountant whose examination
3 conforms to generally accepted accounting principles.
4 (h) Federations and member agencies ineligible to
5 participate in the Florida Public Employees' Charitable
6 Campaign include, but are not limited to, the following:
7 1. Federations and member agencies whose fundraising
8 and administrative expenses exceed 25 percent, unless
9 extraordinary circumstances can be demonstrated.
10 2. Federations and member agencies whose activities
11 contain an element that is more than incidentally political in
12 nature or whose activities are primarily political, religious,
13 professional, or fraternal in nature.
14 3. Federations and member agencies that discriminate
15 against any individual or group on account of race, color,
16 religion, sex, national origin, age, handicap, or political
17 affiliation.
18 4. Federations and member agencies not properly
19 registered as charitable organizations as required by the
20 Solicitation of Contributions Act, ss. 496.401-496.424.
21 5. Federations and member agencies that have not
22 received tax-exempt status under s. 501(c)(3), Internal
23 Revenue Code.
24 (2) SELECTION OF FISCAL AGENTS; COST.--
25 (a) The state or any of its departments, bureaus,
26 commissions, and officers are not required to select a fiscal
27 agent to act on their behalf for campaign fund distribution
28 but may select through the competitive procurement process a
29 fiscal agent or agents to receive, account for, and distribute
30 charitable contributions among participating charitable
31 organizations.
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Florida Senate - 2007 SB 2676
6-1406-07 See HB
1 (b) The fiscal agent shall withhold the reasonable
2 costs for conducting the campaign and for accounting and
3 distribution to the participating federations and member
4 agencies not to exceed 12 percent of gross campaign receipts
5 for all participating charitable federations and member
6 agencies.
7 (c) The fiscal agent shall furnish the department and
8 participating charitable federations and member agencies a
9 report of the accounting and distribution activities. Records
10 relating to these activities shall be open for inspection upon
11 reasonable notice and request.
12 (d) A local committee shall be established by each
13 public employer to assist in conducting the campaign.
14 (e) Participating charitable federations and member
15 agencies shall receive the same percentage of undesignated
16 funds raised in any public employee campaign as the percentage
17 of designated funds they receive.
18 (3) DEFINITIONS.--As used in this section the term:
19 (a) "Federation" means a federation of not-for-profit
20 charitable organizations which have voluntarily joined
21 together for purposes of raising and distributing
22 contributions for and among themselves.
23 (b) "Member agency" means a not-for-profit charitable
24 organization belonging to a federation.
25 Section 3. This act shall take effect July 1, 2007.
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