Senate Bill sb2676

CODING: Words stricken are deletions; words underlined are additions.
    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.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

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

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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'

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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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