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.