Bill Text: FL S0694 | 2015 | Regular Session | Enrolled

Bill Title: Florida State Employees' Charitable Campaign

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-05-22 - Chapter No. 2015-61 [S0694 Detail]

Download: Florida-2015-S0694-Enrolled.html
       2015 Legislature                                          SB 694
    2         An act relating to the Florida State Employees’
    3         Charitable Campaign; amending s. 110.181, F.S.;
    4         providing an exception to the requirement that state
    5         officers and employees designate a charitable
    6         organization to receive their contributions from the
    7         Florida State Employees’ Charitable Campaign; deleting
    8         requirements for independent unaffiliated agencies,
    9         international service agencies, and national agencies;
   10         requiring the fiscal agent selected by the Department
   11         of Management Services to distribute undesignated
   12         funds in a specified manner; deleting the requirement
   13         that a local steering committee be established in each
   14         fiscal agent area; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsections (1) and (2) of section 110.181,
   19  Florida Statutes, are amended to read:
   20         110.181 Florida State Employees’ Charitable 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  (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.
   30         (b) State officers’ and employees’ contributions toward the
   31  Florida State Employees’ Charitable Campaign must be entirely
   32  voluntary. State officers and employees shall must designate a
   33  charitable organization to receive their such contributions
   34  unless such contributions are collected as part of a campaign
   35  event.
   36         (c) Participation in the annual Florida State Employees’
   37  Charitable Campaign is must be limited to any nonprofit
   38  charitable organization that which has as its principal mission:
   39         1. Public health and welfare;
   40         2. Education;
   41         3. Environmental restoration and conservation;
   42         4. Civil and human rights; or
   43         5. Any nonprofit charitable organization engaged in The
   44  relief of human suffering and poverty.
   45         (d) An independent unaffiliated agency must be a statewide
   46  entity whose programs provide substantial, direct, hands-on
   47  services that meet basic human or environmental needs and extend
   48  throughout the year and throughout the state.
   49         (e) An international service agency must have well-defined
   50  programs that meet basic human or environmental needs outside
   51  the United States with no duplication of existing programs.
   52         (f) A national agency must demonstrate, through a well
   53  defined program, direct services meeting basic human or
   54  environmental needs which are readily available, being
   55  administered, or providing a substantial direct benefit to the
   56  residents of this state.
   57         (d)(g)The financial records of a Any nonprofit charitable
   58  organization participating in the Florida State Employees’
   59  Charitable Campaign must be have its financial records audited
   60  annually by an independent public accountant whose examination
   61  conforms to generally accepted accounting principles.
   62         (e)(h) Organizations ineligible to participate in the
   63  Florida State Employees’ Charitable Campaign include, but are
   64  not limited to, the following:
   65         1. Organizations whose fundraising and administrative
   66  expenses exceed 25 percent, unless extraordinary circumstances
   67  can be demonstrated.
   68         2. Organizations whose activities contain an element that
   69  is more than incidentally political in nature or whose
   70  activities are primarily political, religious, professional, or
   71  fraternal in nature.
   72         3. Organizations that which discriminate against any
   73  individual or group on account of race, color, religion, sex,
   74  national origin, age, handicap, or political affiliation.
   75         4. Organizations not properly registered as a charitable
   76  organization as required by the Solicitation of Contributions
   77  Act, ss. 496.401-496.424.
   78         5. Organizations that which have not received tax-exempt
   79  status under s. 501(c)(3) of the, Internal Revenue Code.
   81         (a) The Department of Management Services shall select
   82  through the competitive procurement process a fiscal agent or
   83  agents to receive, account for, and distribute charitable
   84  contributions among participating charitable organizations.
   85         (b) The fiscal agent shall withhold the reasonable costs
   86  for conducting the campaign and for accounting and distribution
   87  to the participating organizations and shall reimburse the
   88  department the actual cost for coordinating the campaign in
   89  accordance with the rules of the department. In any fiscal year
   90  that in which the Legislature specifically appropriates to the
   91  department its total costs for coordinating the campaign from
   92  the General Revenue Fund, the fiscal agent is not required to
   93  reimburse such costs to the department under this subsection.
   94  Otherwise, reimbursement will be the difference between actual
   95  costs and the amount appropriated.
   96         (c) The fiscal agent shall furnish the department and
   97  participating charitable organizations a report of the
   98  accounting and distribution activities. Records relating to
   99  these activities must shall be open for inspection upon
  100  reasonable notice and request.
  101         (d) The fiscal agent shall distribute undesignated funds to
  102  each participating organization in direct proportion to the
  103  percentage of designated funds pledged to the organization A
  104  local steering committee shall be established in each fiscal
  105  agent area to assist in conducting the campaign. The committee
  106  shall be composed of state employees selected by the fiscal
  107  agent from among recommendations provided by interested
  108  participating organizations, if any, and approved by the
  109  Statewide Steering Committee.
  110         Section 2. This act shall take effect July 1, 2015.