Florida Senate - 2017                                    SB 1728
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00865A-17                                           20171728__
    1                        A bill to be entitled                      
    2         An act relating to the Florida State Employees’
    3         Charitable Campaign; amending s. 110.181, F.S.;
    4         prohibiting the Department of Management Services from
    5         contracting with a third party to administer the
    6         campaign; removing the requirement that the department
    7         select a fiscal agent to receive, account for, and
    8         distribute contributions among charitable
    9         organizations participating in the campaign; revising
   10         the department’s rulemaking authority to conform to
   11         changes made by the act; deleting provisions providing
   12         for the establishment of the Florida State Employees’
   13         Charitable Campaign Steering Committee; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 110.181, Florida Statutes, is amended to
   19  read:
   20         110.181 Florida State Employees’ Charitable Campaign.—
   21         (1) CREATION AND ORGANIZATION OF CAMPAIGN.—
   22         (a) The Department of Management Services shall establish
   23  and maintain, in coordination with the payroll system of the
   24  Department of Financial Services, an annual Florida State
   25  Employees’ Charitable Campaign. Except as provided in subsection
   26  (3) (5), this annual fundraising drive is the only authorized
   27  charitable fundraising drive directed toward state employees
   28  within work areas during work hours, and for which the state
   29  will provide payroll deduction. The department may not contract
   30  with a third party to receive, account for, and distribute
   31  contributions among charitable organizations participating in
   32  the Florida State Employees’ Charitable Campaign.
   33         (b) State officers’ and employees’ contributions toward the
   34  Florida State Employees’ Charitable Campaign must be entirely
   35  voluntary. State officers and employees shall designate a
   36  charitable organization to receive their contributions unless
   37  such contributions are collected as part of a campaign event.
   38         (c) Participation in the annual Florida State Employees’
   39  Charitable Campaign is limited to any nonprofit charitable
   40  organization that has as its principal mission:
   41         1. Public health and welfare;
   42         2. Education;
   43         3. Environmental restoration and conservation;
   44         4. Civil and human rights; or
   45         5. The relief of human suffering and poverty.
   46         (d) The financial records of a nonprofit charitable
   47  organization participating in the Florida State Employees’
   48  Charitable Campaign must be audited annually by an independent
   49  public accountant whose examination conforms to generally
   50  accepted accounting principles.
   51         (e) Organizations ineligible to participate in the Florida
   52  State Employees’ Charitable Campaign include, but are not
   53  limited to, the following:
   54         1. Organizations whose fundraising and administrative
   55  expenses exceed 25 percent, unless extraordinary circumstances
   56  can be demonstrated.
   57         2. Organizations whose activities contain an element that
   58  is more than incidentally political in nature or whose
   59  activities are primarily political, religious, professional, or
   60  fraternal in nature.
   61         3. Organizations that discriminate against any individual
   62  or group on account of race, color, religion, sex, national
   63  origin, age, handicap, or political affiliation.
   64         4. Organizations not properly registered as a charitable
   65  organization as required by the Solicitation of Contributions
   66  Act, ss. 496.401-496.424.
   67         5. Organizations that have not received tax-exempt status
   68  under s. 501(c)(3) of the Internal Revenue Code.
   69         (2) SELECTION OF FISCAL AGENTS; COST.—
   70         (a) The Department of Management Services shall select
   71  through the competitive procurement process a fiscal agent or
   72  agents to receive, account for, and distribute charitable
   73  contributions among participating charitable organizations.
   74         (b) The fiscal agent shall withhold the reasonable costs
   75  for conducting the campaign and for accounting and distribution
   76  to the participating organizations and shall reimburse the
   77  department the actual cost for coordinating the campaign in
   78  accordance with the rules of the department. In any fiscal year
   79  that the Legislature specifically appropriates to the department
   80  its total costs for coordinating the campaign from the General
   81  Revenue Fund, the fiscal agent is not required to reimburse such
   82  costs to the department under this subsection. Otherwise,
   83  reimbursement will be the difference between actual costs and
   84  the amount appropriated.
   85         (c) The fiscal agent shall furnish the department and
   86  participating charitable organizations a report of the
   87  accounting and distribution activities. Records relating to
   88  these activities must be open for inspection upon reasonable
   89  notice and request.
   90         (d) The fiscal agent shall distribute undesignated funds to
   91  each participating organization in direct proportion to the
   92  percentage of designated funds pledged to the organization.
   93         (2)(3) RULEMAKING AUTHORITY; ADMINISTRATIVE REVIEW.—
   94         (a) In accordance with the recommendations of the steering
   95  committee, the department shall adopt rules relating to the time
   96  and manner for charitable organizations’ participation in the
   97  campaign, the receipt, accounting, and distribution of
   98  charitable contributions, selection and responsibilities of the
   99  fiscal agent, determination of eligible expenses, and such other
  100  rules as may be necessary to administer the campaign.
  101         (b) Department action which adversely affects the
  102  substantial interests of a party may be subject to a hearing.
  103  The proceeding shall be conducted in accordance with chapter
  104  120, except that the time limits set forth in s. 496.405(7)
  105  shall prevail to the extent of any conflict.
  106         (4) FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN STEERING
  107  COMMITTEE.—A Florida State Employees’ Charitable Campaign
  108  steering committee shall be established with seven members
  109  appointed by members of the administration commission, and two
  110  members appointed by the secretary of the department from among
  111  applications submitted from other agencies or departments. The
  112  committee, whose members shall serve staggered terms, shall meet
  113  at the call of the secretary. Members shall serve without
  114  compensation, but shall be entitled to receive reimbursement for
  115  travel and per diem expenses as provided in s. 112.061.
  116         (3)(5) PARTICIPATION OF STATE UNIVERSITIES.—Each university
  117  may elect to participate in the Florida State Employees’
  118  Charitable Campaign, upon timely notice to the department. Each
  119  university may also conduct annual charitable fundraising drives
  120  for employees under the authority granted in s. 1001.706.
  121         Section 2. This act shall take effect July 1, 2017.