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A bill to be entitled

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An act relating to public employees' charitable campaigns;

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creating s. 110.182, F.S.; creating the Public Employees'

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Charitable Campaign for local public employers other than

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state or federal employees; providing definitions;

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authorizing a public employer to conduct a charitable

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campaign as the sole fundraising drive conducted during

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work hours; providing for workplace campaign activities

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and employee payroll deductions; requiring all campaign

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contributions to be voluntary; providing for employee

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withdrawal from the campaign; providing criteria and

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conditions for participating charitable organizations;

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providing for the selection of a fiscal agent; authorizing

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a specified percentage of the gross receipts to be

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withheld to pay the costs of the public employer and

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fiscal agent; providing for the distribution of

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contributions; providing an effective date.

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

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     Section 1.  Section 110.182, Florida Statutes, is created to

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read:

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     110.182 Public Employees' Charitable Campaign.--

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     (1) DEFINITIONS.--As used in this section, the term:

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     (a) "Charitable campaign" means a public employees'

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workplace charitable campaign conducted pursuant to this section.

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     (b) "Federation" means a member group of charitable

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organizations that have voluntarily joined together for the

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purpose of raising and distributing contributions for and among

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themselves.

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     (c) "Fiscal agent" means the public employer or a

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contracted entity that receives, accounts for, and distributes

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charitable contributions among participating charitable

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organizations as a separate function from participation in the

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charitable campaign.

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     (d) "Member agency" means a charitable organization that

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belongs to a federation.

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     (e) "Public employee" means an officer or employee of a

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local governmental agency or political subdivision, excluding

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state or federal officers or employees.

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     (f) "Public employer" means a local governmental agency,

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office, or political subdivision, excluding a state or federal

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office or agency.

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     (g) "Public employer service area" means the county or

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special district in which the employer operates and adjacent

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counties in which public employees employed by the public

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employer reside.

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     (2) CHARITABLE CAMPAIGN.--A public employer may conduct an

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annual public employee workplace charitable campaign, which shall

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be the only charitable fundraising drive that may be conducted in

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employee work areas during work hours, and for which the public

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employer may collect charitable contributions through employee

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payroll deductions. The campaign may be held at any time during

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the year and shall replace or become part of the current public

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employee charitable fundraising drive.

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     (a) Public employees may not be coerced to participate in

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the charitable campaign and a public employee's contribution to

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the charitable campaign must be entirely voluntary.

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     (b) Payroll deductions made by the public employer from the

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salaries or wages of public employees may be only in the amount

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authorized by the employee for payment to an eligible charitable

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organization designated by the employee. Authority for the

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deduction may be withdrawn by the public employee at any time by

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filing a written notification of withdrawal with the applicable

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treasurer or responsible official in charge of the payroll

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system.

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     (c) A committee composed of current employees of the public

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employer shall be established by the public employer to assist in

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conducting the charitable campaign.

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     (d) All participating federation and member agencies shall

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receive a fair and equitable presence in any charitable campaign-

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related activities and publications, including rotation of agency

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listings in all printed and electronic media. There shall be no

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preference for any one participating federation or member agency.

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     (3) QUALIFYING CHARITABLE ORGANIZATIONS.--A public employer

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that conducts a charitable campaign must include all federations

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and member agencies that meet the eligibility requirements for

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participation in the charitable campaign and provide services in

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the public employer service area which directly or indirectly

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benefit persons residing in the area.

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     (a) Participation in the charitable campaign is limited to

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charitable federations and member agencies that have as their

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principal mission:

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     1. Public health and welfare;

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     2. Education;

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     3. Environmental restoration and conservation;

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     4. Civil and human rights; or

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     5. Relief of human suffering and poverty.

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     (b) To participate in a charitable campaign:

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     1. A federation must have an office open at least 20 hours

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per week employing full-time or part-time employees in this state

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for the last 3 calendar years.

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     2. A federation must represent at least 10 eligible member

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agencies that each have an office open at least 20 hours per week

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employing full-time or part-time employees.

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     3. A member agency must, upon request, be able to document

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the availability of services in the local public employer service

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area in which the campaign takes place. A local address in the

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public employer service area is sufficient documentation.

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Federations are exempt from this requirement.

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     4. A federation and a member agency must be governed by an

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active, voluntary board that exercises administrative control.

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     5. A federation and a member agency must be able to

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demonstrate that its financial records are audited annually by an

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independent public accountant whose examination conforms to

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generally accepted accounting principles.

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     (c) A federation or a member agency may not participate in

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the charitable campaign if the federation or the member agency:

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     1. Has fundraising and administrative expenses that exceed

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25 percent of program funds, unless extraordinary circumstances

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can be demonstrated.

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     2. Conducts activities that contain an element that is more

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than incidentally political in nature or are primarily political,

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professional, or fraternal in nature.

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     3. Discriminates against an individual or group based on

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race, color, religion, gender, national origin, age, disability,

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or political affiliation.

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     4. Is not properly registered as a charitable organization

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under chapter 496.

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     5. Has not received tax-exempt status under s. 501(c)(3) of

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the Internal Revenue Code.

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     (d) To ensure that all eligible charitable organizations

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serving the public employer service area are able to participate

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in a charitable campaign, an unaffiliated charitable organization

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must apply for membership in a participating federation and, if

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the charitable organization meets the eligibility requirements of

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the participating federation, must be accepted for membership by

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the federation.

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     (4) FISCAL AGENT; DISTRIBUTION OF CONTRIBUTIONS.--A public

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employer that conducts a charitable campaign may serve as the

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fiscal agent for the charitable campaign or may contract with a

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fiscal agent selected through a competitive procurement process.

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     (a) The fiscal agent may withhold up to 15 percent of gross

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campaign receipts to pay for the public employer's reasonable

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costs of conducting the charitable campaign and for the fees or

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costs of the fiscal agent.

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     (b) Campaign pledge loss shall be calculated based on

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actual receipts and may not be charged in advance as part of the

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fiscal agent's costs or fees.

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     (c) The fiscal agent shall maintain a complete record of

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all receipts, costs, accounting, and distribution activities and

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furnish the public employer and participating charitable

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federations a report of the activities. Records relating to these

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activities must be available for inspection by the public upon

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request.

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     (d) The fiscal agent shall distribute contributions to the

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federations for distribution to their member agencies quarterly,

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with the first distribution to the federations within 6 months

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after the current year campaign end date and distribution must be

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completed within 18 months after the campaign end date.

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     (e) Each participating federation and member agency shall

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receive the same percentage of undesignated contributions raised

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in a charitable campaign as the percentage of designated

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contributions it received.

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     Section 2.  This act shall take effect July 1, 2008.