To amend the rules regarding the Florida State Employees’ Charitable Campaign to eliminate unnecessary paperwork and questions from the application process, and clarify the duties and responsibilities of the steering committee and the fiscal agent.

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

RULE NO: RULE TITLE
60L-39: FLORIDA STATE EMPLOYEES' CHARITABLE CAMPAIGN
60L-39.001: Scope and Purpose
60L-39.0015: Definitions
60L-39.002: General Requirements
60L-39.003: Statewide Steering Committee
60L-39.004: Eligibility Criteria for Participation by Charitable Organizations
60L-39.005: Application Procedures
60L-39.006: Duties and Responsibilities of the Fiscal Agent
PURPOSE AND EFFECT: To amend the rules regarding the Florida State Employees’ Charitable Campaign to eliminate unnecessary paperwork and questions from the application process, and clarify the duties and responsibilities of the steering committee and the fiscal agent.
SUMMARY: The amendments add definitions applicable to the Rule Chapter. The amendments eliminate unnecessary paperwork by amending Form DMS-ADM-100, Application for Participation in the Florida State Employees’ Charitable Campaign and eliminating Form DMS-ADM-101, Renewing Organization Application for Participation in the Florida State Employees’ Charitable Campaign. The amendments clarify the duties and responsibilities of the steering committee and the fiscal agent. In response to recent legislation regarding direct services in a local fiscal agent’s area, the amendments create Form DMS-ADM-102, Direct Local Services Certification Form.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 110.181(3)(a) FS.
LAW IMPLEMENTED: 110.181 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Kuczwanski, Chairman, Florida State Employees’ Charitable Campaign, Department of Management Services, 4050 Esplanade Way, Suite 280, Tallahassee, Florida 32399-0950, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-39.001 Scope and Purpose.

This chapter sets forth the rules governing the Florida State Employees’ Charitable Campaign (FSECC or “the Campaign”).

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-1-02, Amended________.

 

60L-39.0015 Definitions.

(1) The following definitions apply to this Rule Chapter:

(a) Activities. The specific pursuit of actions by the organization in terms of the services provided through its charitable work. This phrase does not refer to internal structure or membership of the organization.

(b) Activities are primarily. The chief, principal, or main specific pursuit of actions by the organization in terms of the services provided through its charitable work. This phrase does not refer to internal structure or membership of the organization.

(c) Area Fiscal Agent. Charitable, nonprofit organizations participating in the FSECC which are responsible for managing the Campaign and for receiving, accounting for, and distributing charitable contributions among participating charitable organizations and federations.

(d) Campaign. The Florida State Employees Charitable Campaign, as set forth in Section 110.181, Florida Statutes, and Rule Chapter 60L-39, Florida Administrative Code.

(e) Charitable Organizations. Nonprofit organizations meeting the criteria of Rule 60L-39.004, F.A.C. and Section 110.181, Florida Statutes.

(f) Chairperson of the Board of Directors. An officer appointed or elected pursuant to the organization’s articles of incorporation, bylaws or similar document to the organization’s board of directors or similar governing body managing and directing the affairs of the organization, charged with chairing the organization’s board of directors or similar governing body.

(g) Chief Operations Officer. An officer, employee or volunteer charged by the organization’s board of directors or other governing body with managing the organization’s charitable operations.

(h) Designated Funds. Those contributions which the contributor has designated to specific organizations or federations participating in the FSECC.

(i) Direct services. Identifiable and specific services available in the local fiscal agent’s area without any intervention between the services offered and persons served.

(j) Federation. Also known as Umbrella Agency. A charitable organization with at least a two-year history of supplying common fundraising, administrative and management services to at least ten (10) local, state, national or international charitable constituent member organizations which provide human, health, welfare or environmental services.

(k) Fiscal Agent. A charitable, nonprofit organization or federation participating in the FSECC which is selected by the Department of Management Services through the competitive procurement process to provide state level coordination of the FSECC and oversee the activities of area fiscal agents.

(l) Fraternal. Relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit; brotherly.

(m) Geographical area campaign brochure. The brochure produced by each Area Fiscal Agent containing the eligible participating organizations in the Area Fiscal Agent’s geographic area.

(n) Incidentally. Activity of a minor or subordinate nature to an organization’s activities.

(o) Incomplete application. An unfinished application for participation in the FSECC (Form DMS-ADM-100, Application for Participation in the Florida State Employees’ Charitable Campaign). An application lacking in required parts.

(p) Independent or Unaffiliated Agency. An entity whose programs provide substantial, direct, hands-on services that meet basic human or environmental needs and extend throughout the year and throughout the state.

(q) International Service Agency. An entity with a well-defined program that spends at least 51% of its program service budget meeting basic human or environmental needs outside the United States with no duplication of existing programs.

(r) Local Steering Committee. A group of state employees selected by the area fiscal agent, which assists in coordinating the local campaign and directs the distribution of designated funds. The local steering committee shall be the representative of the state agencies in the area fiscal agent vicinity.

(s) Political Relating of or to a national or state political party or any organization, explicitly calling for or attempting to influence the election or defeat of a particular candidate or issue within a specific election and an organization engaged in lobbying as defined in Section 11.045(1)(f), Florida Statutes.

(t) Professional. Relating of or to an occupation requiring considerable training and specialized study which is subject to an association, the purpose of which is to promote a common business interest and to improve business conditions in one or more lines of business, e.g., law, medicine or engineering, not to engage in a regular business of a kind ordinarily carried on for profit.

(u) Religious. Relating to religion as practiced by any church, ecclesiastical or denominational organization with an established physical place where religious worship is regularly conducted.

(2) All other terms shall have their commonly understood meaning.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New________.

 

60L-39.002 General Requirements.

(1) The State of Florida has an interest in establishing a single state employee charitable campaign that (a) minimizes workplace disruption and administrative costs and (b) ensures the voluntary nature of employee participation.

(2) The State of Florida has an obligation to ensure that organizations participating in the FSECC meet the eligibility criteria outlined in Rule 60L-39.004, F.A.C.

(3) Truly voluntary giving is fundamental to FSECC fundraising activities. Actions that do not allow free choices, or that even create the appearance that employees are not free to choose whether to give, are contrary to FSECC fundraising policy.

(4) The FSECC shall be the only workplace charitable fundraising program in state government that receives official state coordination and support.

(5) Charitable organizations and federations shall not permit, plan, or conduct distribution of any materials, solicitation, or services within State facilities as part of the campaign, except for the campaign materials approved by the Steering Committee. Organizations and federations are encouraged, however, to publicize their activities and solicit employee participation in the FSECC through the news media or other private outlets outside State facilities.

(6) A geographical area campaign brochure shall not list both the state or national charitable organization and its local affiliate or other subunit. Similarly-named organizations shall not be listed, unless the Steering Committee determines they do not deliver services to overlapping or identical geographical areas. In cases where dual listings occur, and the organizations cannot resolve the issue themselves, the Steering Committee shall grant preference for listing in the following order: (a) local, (b) state, and then (c) national.

(7) Campaign brochures shall: (a) iInclude the words Florida State Employees’ Charitable Campaign on the front cover,; (b)iInclude the official FSECC logo on the front cover,; and (c) eExclude the area fiscal agent logo and name, except as contact information within the brochure.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-9-05,________.

 

60L-39.003 Statewide Steering Committee.

(1) The members of the FSECC Steering Committee shall serve staggered four-year terms.

(2) The FSECC Steering Committee shall arrange publication of information about the application process – including deadlines, address for obtaining materials, and criteria for eligibility – in sufficient time to prepare applications and supporting documentation.

(3) The FSECC Steering Committee shall review all new and renewing applications before June 1 on the basis of their compliance with the established criteria and their timely submission.

(4) The staff of the FSECC Steering Committee shall be responsible for a review of all applying organizations to ensure that participating organizations are not on the list of persons and entities designated under Executive Order 13224, the United States Treasury Department’s “master list” of specially designated nationals and blocked persons, and the United States State Department’s list of foreign terrorist organizations.

(5) The FSECC Steering Committee shall notify applicants of decisions on applications within a period that allows time for an appeal in accordance with Rule 60L-39.007, F.A.C.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 1-9-05, 2-13-06,_________.

 

60L-39.004 Eligibility Criteria for Participation by Charitable Organizations.

(1) To be eligible to participate in the FSECC, an organization must satisfy the following conditions:

(a) The organization must provide programs or services that are not the result of another mission or part of any program operated by the government or any educational institution.

(b) The organization must be audited annually by an independent public accountant whose examination conforms to generally accepted accounting principles. Upon request of the Steering Committee, the organization must disclose all information dealing with fundraising activities, finances, and voting trustees, as well as any financial interest the directors, their families, or their staff might have in the organization. In addition, the organization must disclose information about professional solicitors and copies of contracts or agreements concerning fundraising activities.

(c) The organization must have an active Board of Directors that conducts regular meetings and effectively manages the affairs, funds, and property of the organization and whose members serve without compensation.

(d) The organization must have reasonable expenses for fundraising. Where administrative and fundraising expenses exceed 25%, the organization must demonstrate extraordinary circumstances that justify the expense ratio.

(e) The organization must receive a substantial portion of its financial support from voluntary contributions.

(f) No religious charitable organization providing services described in Section 110.181, Florida Statutes, shall be excluded because of its religious viewpoint.

(g) Organizations which comply with all applicable state and federal nondiscrimination laws shall be deemed in compliance with Section 110.181(h)3., Florida Statutes.

(2) To be admitted as a federation, the organization must demonstrate a two-year history of providing charitable fundraising, administrative, and management services to at least ten constituent member organizations that provide human, health, welfare or environmental services.

(3) Once approved for participation, any organization or federation may be disqualified by majority vote of the Steering Committee for:

(a) Failing to comply with the procedures contained in this chapter; or

(b) Filing an application to participate in the FSECC that contains false or intentionally misleading information.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended_______.

 

60L-39.005 Application Procedures.

(1) Annual applications for participation in the FSECC (Form DMS-ADM-100, Application for Participation in the Florida State Employees’ Charitable Campaign, effective 2-13-06, and Form DMS-ADM-101, Renewing Organization Application for Participation in the Florida State Employees’ Charitable Campaign, effective 2-13-06, which is are hereby incorporated by reference) shall be submitted as set forth in rule subsection 60L-39.005(2), F.A.C., to the Steering Committee Chair at the following address:

Florida State Employees’ Charitable Campaign

Department of Management Services

4050 Esplanade Way, Suite 280215

Tallahassee, Florida 32399-0950

Applications must be postmarked by March April 1 of each year for a charitable organization to be considered eligible for that year’s Campaign. A federated fundraising organization, as defined in Section 496.404(10), F.S., shall submit applications on behalf of its members. Form DMS-ADM-100 and Form DMS-ADM-101 can be obtained by writing to:

Florida State Employees’ Charitable Campaign

Department of Management Services

4050 Esplanade Way, Suite 280215

Tallahassee, Florida 32399-0950

(2) Applicants that did not participate in the FSECC during the previous year and all independent/unaffiliated organizations shall submit a complete application with documentation verifying compliance with eligibility outlined in Section 110.181(1), F.S., and Rule 60L-39.004, F.A.C. Form DMS-ADM-100, incorporated by reference at subsection 60L-39.005(1), F.A.C. All other applicants shall submit a complete Form DMS-ADM-101, incorporated by reference at subsection 60L-39.005(1), F.A.C.

(2)(3) The Steering Committee shall request additional documentation or information from an applicant which has filed a completed application only if necessary for purposes of clarifying eligibility. Requested documents or information must be supplied within five working days of the receipt of the Committee’s request.

(3) The Steering Committee shall not consider incomplete applications for inclusion in the Campaign.

(4) The Steering Committee shall not accept copies of IRS Form 990 completed after March 1 of the year in which the application (Form DMS-ADM-100, Application for Participation in the Florida State Employees’ Charitable Campaign, effective______) was filed. If an organization has not filed its IRS Form 990 for the most recent filing year and will not have done so until after the March 1 application deadline, then the organization must submit its latest filed IRS Form 990 from the previous filing year with its application. Upon a showing of due diligence and excusable neglect by the applicant, the Steering Committee shall accept documentation filed after the April 1 filing deadline, so long as any appeal regarding the application can be concluded by June 30 to allow timely publication of authorized participating organizations in the FSECC brochures.

(5) Federations, on behalf of their member agencies, and all unaffiliated and independent agencies shall submit to the Statewide Steering Committee certification of direct local services provided in each fiscal agent area on Form DMS-ADM-102 (Direct Local Services Certification Form, Form DMS-ADM-102, effective_______), which is hereby incorporated by reference. Form DMS-ADM-102 can be obtained by writing to:

Florida State Employees’ Charitable Campaign

Department of Management Services

4050 Esplanade Way, Suite 280

Tallahassee, Florida 32399-0950

Local organizations described in question 12 of Form DMS-ADM-100 are exempt from this requirement.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-1-02, Amended 3-5-04, 1-9-05, 2-13-06,________.

 

60L-39.006 Duties and Responsibilities of the Fiscal Agent.

(1) The state fiscal agent, which the Department shall select through competitive procurement, shall provide state level coordination of the campaign and oversee the activities of area fiscal agents, which receive, account for, and distribute charitable contributions among participating charitable organizations. The state fiscal agent shall ensure that campaign brochures and materials treat all participating organizations and federations equally and fairly. Campaign brochures shall provide fair listing order and the same type, size, and color print for all participating organizations and for all federations.

(2) The duties and responsibilities of the area fiscal agent shall include the following:

(a) The area fiscal agent shall sSelecting, training and manageing a local steering committee composed of state employees in the fiscal agent area to assist in conducting the campaign and to direct the distribution of undesignated funds. The fiscal agent shall select the local steering committee from among recommendations provided by interested participating organizations, if any, with the approval of the Steering Committee. Any local steering committee member shall disclose any affiliation with a participating charity or federation prior to voting on undesignated funds. Federations shall submit the names of potential steering committee members, if any, to the area fiscal agent by July 1 of each year.

(b) The area fiscal agent shall tTraining employee keyworkers and volunteers in the methods of non-coercive solicitation.

(c) The area fiscal agent shall hHonoring employee designations.

(d) The area fiscal agent shall hHelping to ensure that no employee is coerced or questioned as to the employee’s designation or its amount, other than for arithmetical inconsistencies.

(e) The area fiscal agent shall rResponding in a timely and appropriate manner to inquiries from employees, participating organizations, federations or the Steering Committee.

(f) The area fiscal agent shall nNotifying participating organizations and federations of the name and address of the local steering committee chairperson and ensureing them access to the steering committee meetings.

(g) For meetings during which undesignated funds will be discussed, the area fiscal agent shall ensureing a minimum of a two-week notice to participating federations is provided.

(h) The area fiscal agent shall eEnsureing that distribution of undesignated funds is limited to participating organizations and federations in the FSECC. and that any undesignated funds distributed in any local fiscal agent’s area to a charitable organization providing direct services in that area are in the same percentage as the designated funds received by the charitable organization in that area.

(i) The area fiscal agent shall eEnsureing the timely distribution of campaign funds to participating organizations and federations on at least a quarterly basis. If an area fiscal agent’s prior year’s collections from the FSECC fall below the prior year’s median raised by all area fiscal agents (an amount to be determined by the state fiscal agent by calculating the median amount raised by all area fiscal agents), the area fiscal agent is authorized to make distributions on a less than quarterly basis, so long as all distributions are made within the funding year.

(j) The area fiscal agent shall wWithholding the reasonable costs for conducting the campaign and for accounting and distribution to the participating organizations and federations. These costs shall be shared proportionately by the participating federations and independent or/unaffiliated organizations based on their percentage share of the gross campaign.

Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 1-9-05, 2-13-06,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John Kuczwanski, Chairman, Florida State Employees’ Charitable Campaign Steering Committee
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lee Ann Korst, Deputy Secretary, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 14, 2006