| 1 | A bill to be entitled |
| 2 | An act relating to public employee charitable campaigns; |
| 3 | creating s. 110.182, F.S.; creating the Florida Public |
| 4 | Employees' Charitable Campaign; providing organization of |
| 5 | campaign; authorizing salary or wage deductions for |
| 6 | purposes of the campaign; providing that campaign |
| 7 | contributions must be voluntary; providing criteria for |
| 8 | the application and withdrawal from the campaign; |
| 9 | providing that participation must be limited to certain |
| 10 | nonprofit charitable federations and member agencies; |
| 11 | excluding certain organizations from participation; |
| 12 | providing for selection of fiscal agent; providing |
| 13 | definitions; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 110.182, Florida Statutes, is created |
| 18 | to read: |
| 19 | 110.182 Florida Public Employees' Charitable Campaign.-- |
| 20 | (1) CREATION AND ORGANIZATION OF PUBLIC EMPLOYEES' |
| 21 | CHARITABLE CAMPAIGN.-- |
| 22 | (a) The state or any of its departments, bureaus, |
| 23 | commissions, and officers are authorized and permitted, in |
| 24 | coordination with the payroll system of the Department of |
| 25 | Financial Services, to establish and maintain an annual Florida |
| 26 | Public Employees' Charitable Campaign. This annual fundraising |
| 27 | drive is the only authorized charitable fundraising drive |
| 28 | directed toward public employees, other than state employees, |
| 29 | within work areas during work hours, and for which the public |
| 30 | employer will provide payroll deduction. |
| 31 | (b) The state or any of its departments, bureaus, |
| 32 | commissions, and officers are authorized and permitted, with the |
| 33 | concurrence of the Department of Financial Services, to make |
| 34 | deductions from the salary or wage of any employee in such |
| 35 | amount as shall be authorized and requested by such employee and |
| 36 | for such purpose as shall be authorized and requested by such |
| 37 | employee and shall pay such sums so deducted as directed by such |
| 38 | employee. |
| 39 | (c) Public employer officers' and employees' contributions |
| 40 | toward the Florida Public Employees' Charitable Campaign must be |
| 41 | entirely voluntary. |
| 42 | (d) An applicable public employer shall authorize |
| 43 | deductions from the salaries or wages of its employees of an |
| 44 | amount specified by each employee for payment to an eligible |
| 45 | charitable organization. The request for the deduction may be |
| 46 | withdrawn by the employee at any time by filing a written |
| 47 | notification of withdrawal with the applicable treasurer or |
| 48 | responsible official in charge of the payroll system. If an |
| 49 | applicable public employer authorizes deductions from the |
| 50 | salaries or wages of its employees for payment to any eligible |
| 51 | charitable organization, the applicable public employer shall |
| 52 | ensure that an employee shall be permitted to authorize a |
| 53 | deduction to any eligible charitable organization. |
| 54 | (e) Participation in the annual Florida Public Employees' |
| 55 | Charitable Campaign must be limited to any nonprofit charitable |
| 56 | federation and member agency that has as its principal mission: |
| 57 | 1. Public health and welfare; |
| 58 | 2. Education; |
| 59 | 3. Environmental restoration and conservation; |
| 60 | 4. Civil and human rights; or |
| 61 | 5. The relief of human suffering and poverty. |
| 62 | (f) To qualify as a nonprofit charitable federation or |
| 63 | member agency, the federation or member agency must: |
| 64 | 1. Have had an office open at least 20 hours per week |
| 65 | employing full-time or part-time employees in this state for the |
| 66 | last 5 years. |
| 67 | 2. Represent at least 10 health and human services, social |
| 68 | welfare, or environmental agencies that also have an office open |
| 69 | at least 20 hours per week employing full-time or part-time |
| 70 | employees. |
| 71 | 3. Document direct services in the local service area in |
| 72 | which the campaign takes place in order to participate in any |
| 73 | local public employer campaign. |
| 74 | 4. Be governed by an active, voluntary board that |
| 75 | exercises administrative control. |
| 76 | (g) Any nonprofit charitable federation and member agency |
| 77 | participating in the Florida Public Employees' Charitable |
| 78 | Campaign must have its financial records audited annually by an |
| 79 | independent public accountant whose examination conforms to |
| 80 | generally accepted accounting principles. |
| 81 | (h) Federations and member agencies ineligible to |
| 82 | participate in the Florida Public Employees' Charitable Campaign |
| 83 | include, but are not limited to, the following: |
| 84 | 1. Federations and member agencies whose fundraising and |
| 85 | administrative expenses exceed 25 percent, unless extraordinary |
| 86 | circumstances can be demonstrated. |
| 87 | 2. Federations and member agencies whose activities |
| 88 | contain an element that is more than incidentally political in |
| 89 | nature or whose activities are primarily political, religious, |
| 90 | professional, or fraternal in nature. |
| 91 | 3. Federations and member agencies that discriminate |
| 92 | against any individual or group on account of race, color, |
| 93 | religion, sex, national origin, age, handicap, or political |
| 94 | affiliation. |
| 95 | 4. Federations and member agencies not properly registered |
| 96 | as charitable organizations as required by the Solicitation of |
| 97 | Contributions Act, ss. 496.401-496.424. |
| 98 | 5. Federations and member agencies that have not received |
| 99 | tax-exempt status under s. 501(c)(3), Internal Revenue Code. |
| 100 | (2) SELECTION OF FISCAL AGENTS; COST.-- |
| 101 | (a) The state or any of its departments, bureaus, |
| 102 | commissions, and officers are not required to select a fiscal |
| 103 | agent to act on their behalf for campaign fund distribution but |
| 104 | may select through the competitive procurement process a fiscal |
| 105 | agent or agents to receive, account for, and distribute |
| 106 | charitable contributions among participating charitable |
| 107 | organizations. |
| 108 | (b) The fiscal agent shall withhold the reasonable costs |
| 109 | for conducting the campaign and for accounting and distribution |
| 110 | to the participating federations and member agencies not to |
| 111 | exceed 12 percent of gross campaign receipts for all |
| 112 | participating charitable federations and member agencies. |
| 113 | (c) The fiscal agent shall furnish the department and |
| 114 | participating charitable federations and member agencies a |
| 115 | report of the accounting and distribution activities. Records |
| 116 | relating to these activities shall be open for inspection upon |
| 117 | reasonable notice and request. |
| 118 | (d) A local committee shall be established by each public |
| 119 | employer to assist in conducting the campaign. |
| 120 | (e) Participating charitable federations and member |
| 121 | agencies shall receive the same percentage of undesignated funds |
| 122 | raised in any public employee campaign as the percentage of |
| 123 | designated funds they receive. |
| 124 | (3) DEFINITIONS.--As used in this section the term: |
| 125 | (a) "Federation" means a federation of not-for-profit |
| 126 | charitable organizations which have voluntarily joined together |
| 127 | for purposes of raising and distributing contributions for and |
| 128 | among themselves. |
| 129 | (b) "Member agency" means a not-for-profit charitable |
| 130 | organization belonging to a federation. |
| 131 | Section 2. This act shall take effect July 1, 2007. |