Florida Senate - 2009                 (Corrected Copy)    SB 870
       
       
       
       By Senator Sobel
       
       
       
       
       16-00915-09                                            2009870__
    1                        A bill to be entitled                      
    2         An act relating to public employees' charitable
    3         campaigns; creating s. 110.182, F.S.; creating the
    4         Florida Public Employees' Charitable Campaign for
    5         public employers residing within identified geographic
    6         areas, excluding state and federal employees;
    7         providing definitions; requiring certain public
    8         employers to conduct a charitable campaign as the sole
    9         fundraising drive conducted during work hours;
   10         providing for public employee payroll deductions and
   11         workplace campaign activities; requiring all campaign
   12         contributions to be voluntary; providing criteria for
   13         the application and withdrawal from the campaign;
   14         providing that participation must be limited to
   15         certain not-for-profit charitable federations and
   16         member agencies; excluding certain charitable
   17         organizations from participation; providing for
   18         selection of fiscal agent; authorizing a specified
   19         percentage of the gross receipts to be withheld to pay
   20         the costs of the public employer and fiscal agent;
   21         providing for the distribution of contributions;
   22         providing an effective date.
   23         
   24         WHEREAS, it is not a function of the government to favor or
   25  endorse one charity over another, and
   26         WHEREAS, it is the state's responsibility not to accept a
   27  monopoly on the types of charities a public employee may donate
   28  to, and
   29         WHEREAS, this act will allow a choice in charitable giving
   30  to public employees, excluding state and federal employees, that
   31  donate money through payroll deduction, alleviating opposition
   32  by a charitable entity or the necessity for a charitable entity
   33  to bring legal action, NOW, THEREFORE,
   34         
   35  Be It Enacted by the Legislature of the State of Florida:
   36         
   37         Section 1. Section 110.182, Florida Statutes, is created to
   38  read:
   39         110.182 Florida Public Employees' Charitable Campaign.—
   40         (1) DEFINITIONS.—As used in this section, the term:
   41         (a) “Available services” means services that are available
   42  through an approved participating agency that directly and
   43  indirectly benefit the citizens in the service area.
   44         (b) “Federation” means a group of not-for-profit charitable
   45  organizations that have voluntarily joined together for the
   46  purpose of raising and distributing contributions for and among
   47  themselves. A federation must consist of at least 10 member
   48  agencies in each public employer area.
   49         (c) “Fiscal agent” means an organization or public employer
   50  that receives, accounts for, and distributes charitable
   51  contributions among participating federations as a separate
   52  function from their participation in the Florida Public
   53  Employees' Charitable Campaign.
   54         (d) “Florida Public Employees' Charitable Campaign” means
   55  the only authorized charitable fundraising drive directed toward
   56  public employees, excluding state or federal employees, within
   57  work areas during work hours, and for which the public employer
   58  will provide payroll deduction opportunities.
   59         (e) “Local public employer service area” consists of any
   60  single county in which the public employers operate and adjacent
   61  counties in which their public employees may reside.
   62         (f) “Member agency” means a not-for-profit charitable
   63  organization that belongs to a federation.
   64         (g) “Public employee” means an employee of a local
   65  governmental agency or any of its departments, bureaus,
   66  committees, or officers, excluding state or federal employees.
   67         (h) “Public employer” means a group of local governmental
   68  agencies, offices, or political subdivisions housed within
   69  county geographical boundaries, excluding a state or federal
   70  office.
   71         (2) CREATION AND ORGANIZATION OF FLORIDA PUBLIC EMPLOYEES'
   72  CHARITABLE CAMPAIGN.—
   73         (a) Public employers collectively residing within the
   74  boundaries of a single county shall conduct one charitable
   75  workplace giving campaign and shall include federations and
   76  member agencies that meet the eligibility requirements for
   77  participation in the public employer service area for that
   78  county. The number of public employee charitable campaigns may
   79  not exceed the number of local public employer service areas in
   80  the state. Campaigns shall be identified as the “(County Name)
   81  Charitable Campaign.” This is the only authorized charitable
   82  fundraising drive directed toward public employees within work
   83  areas during work hours, and for which the collective public
   84  employers in each public employer service area will provide
   85  countywide payroll deduction opportunities. The campaign may be
   86  held at any time during the year and shall replace any current
   87  public employee charitable fundraising drive.
   88         (b) Public employees may not be coerced to participate in
   89  the Florida Public Employees' Charitable Campaign and public
   90  employees' contributions must be entirely voluntary.
   91         (c) Payroll deductions made by the public employer from the
   92  salaries or wages of public employees may only be in the amount
   93  authorized by the employee for payment to an eligible federation
   94  or member agency designated by the employee. Authority for the
   95  deduction may be withdrawn by the public employee at any time by
   96  filing a written notification of withdrawal with the applicable
   97  treasurer or responsible official in charge of the payroll
   98  system, without penalty to the public employee or fiscal agent.
   99         (d) A committee composed of current employees of the public
  100  employer shall be established by the public employers to assist
  101  in conducting the charitable campaign.
  102         (e) One printed or electronic brochure and pledge form
  103  shall be created by the public employer for distribution to all
  104  public employees located within the local public employer
  105  service area.
  106         (f) All participating federations and member agencies shall
  107  receive a fair and equitable presence in any campaign-related
  108  activities and publications, including rotation of agency
  109  listings in all printed and electronic media. There shall be no
  110  preference for any one participating federation or member
  111  agency. Additionally, all participating federations must be
  112  available to answer inquires made by each public employer
  113  regarding campaign contributions related to its member agencies.
  114         (3) QUALIFYING CHARITABLE ORGANIZATIONS.—A public employer
  115  that conducts the Florida Public Employees' Charitable Campaign
  116  must include all federations and member agencies that meet the
  117  eligibility requirements for participation in the campaign.
  118         (a) Federations may participate in a campaign within each
  119  of the local public employer service areas where they have at
  120  least 10 eligible member agencies.
  121         (b) A member agency that has available services in the
  122  public employer service area that directly or indirectly
  123  benefits citizens residing in the service area is eligible to
  124  participate.
  125         (c) Participation in the Florida Public Employees'
  126  Charitable Campaign is limited to any federation or member
  127  agency that has as its principal mission:
  128         1. Public health and welfare;
  129         2. Education;
  130         3. Environmental restoration and conservation;
  131         4. Civil and human rights; or
  132         5. Relief of human suffering and poverty.
  133         (d) To qualify as a federation or member agency for
  134  purposes of the Florida Public Employees' Charitable Campaign:
  135         1. A federation must have an office open at least 20 hours
  136  per week, employing full-time or part-time employees in this
  137  state for the last 3 calendar years.
  138         2. A federation must represent at least 10 eligible member
  139  agencies in public health and welfare services, education,
  140  environmental restoration and conservation, civil and human
  141  rights, or the relief of human suffering and poverty, each of
  142  which has an office open at least 20 hours per week.
  143         3. A member agency must be able to, upon request, document
  144  the availability of its services in the public employer service
  145  area in which the campaign takes place. A local address in the
  146  public employer service area is sufficient documentation.
  147  Federations are exempt from this requirement.
  148         4. Each federation and member agency must be governed by an
  149  active, voluntary board that exercises administrative control.
  150         (e) Each federation and member agency must certify that it
  151  has its financial records audited annually by an independent
  152  public accountant whose examination conforms to generally
  153  accepted accounting principles.
  154         (f) Local unaffiliated eligible charitable organizations
  155  may apply to a participating federation for inclusion in the
  156  Florida Public Employees' Charitable Campaign, provided such
  157  charitable organizations meet the eligibility requirements of
  158  the participating federation, thus ensuring that all local
  159  eligible charitable organizations can participate.
  160         (g) A federation or a member agency may not participate in
  161  the campaign if the federation or member agency:
  162         1. Has fundraising and administrative expenses that exceed
  163  25 percent of its program funds.
  164         2. Conducts activities that contain an element that is more
  165  than incidentally political in nature or that are primarily
  166  political, religious, professional, or fraternal in nature.
  167         3. Discriminates against an individual or group based on
  168  race, color, religion, sex, national origin, age, disability, or
  169  political affiliation.
  170         4. Is not properly registered as a charitable organization
  171  as required by the Solicitation of Contributions Act, ss.
  172  496.401-496.424.
  173         5. Has not received tax-exempt status under s. 501(c)(3) of
  174  the Internal Revenue Code.
  175         (4) SELECTION OF FISCAL AGENTS; COST.—
  176         (a) A public employer that conducts the Florida Public
  177  Employees' Charitable Campaign may serve as the fiscal agent for
  178  the campaign or may contract with a fiscal agent selected
  179  through a competitive procurement process.
  180         (b) The fiscal agent may withhold up to 10 percent of gross
  181  campaign receipts to pay for the public employer's reasonable
  182  costs of conducting the campaign and for the fees or costs of
  183  the fiscal agent, potentially alleviating any cost to the public
  184  employer.
  185         (c)Campaign pledge loss shall be calculated based on
  186  actual receipts and may not be charged in advance as part of the
  187  fiscal agent's fees.
  188         (d) The fiscal agent shall maintain a complete record of
  189  all receipts, costs, and accounting and distribution activities
  190  and furnish a report of the activities to the public employer,
  191  federations, and member agencies. Records relating to these
  192  activities must be available for inspection by the public upon
  193  request.
  194         (e) Each participating federation and member agency shall
  195  receive the same percentage of undesignated contributions raised
  196  in the campaign as the percentage of designated contributions it
  197  received.
  198         (f) The fiscal agent shall distribute contributions to the
  199  federations for distribution to their member agencies quarterly,
  200  with the first distribution to the federations within 6 months
  201  after the current year campaign end date and final distribution
  202  within 18 months after the campaign end date.
  203         Section 2. This act shall take effect July 1, 2009.