The Department proposes revisions to the rule in order to clarify and align provisions with statutory authority. Chapter 2012-15, Laws of Florida, amends the FSECC statute (section 110.181, F.S.) to require that all employees who participate in the ...

 

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

RULE NOS.: RULE TITLES:
60L-39.0015Definitions
60L-39.003Statewide Steering Committee
60L-39.004Eligibility Criteria for Participation by Charitable Organizations
60L-39.0041 Eligibility Criteria for Receipt of Tier One Undesignated Funds
60L-39.005Application Procedures
60L-39.006Department Duties and Responsibilities
60L-39.007Appeals
60L-39.008Local Steering Committees
60L-39.009Campaign Supported Activities
PURPOSE AND EFFECT: The Department proposes revisions to the rule in order to clarify and align provisions with statutory authority. Chapter 2012-15, Laws of Florida, amends the FSECC statute (Section 110.181, F.S.) to require that all employees who participate in the campaign must designate the participating charity(ies) which are to receive their donations, and to remove all references to “undesignated funds”.
SUMMARY: Chapter 60L-39, F.A.C. needs to be amended to repeal the provisions related to the raising of undesignated funds; the process and form used to determine eligibility for charities to receive undesignated funds; and the allocation of undesignated funds. In its place, the revised rule proposes a uniform method by which agency sponsored events can be used to raise “designated” funds; updates program terminology; and provides for use of new pledge forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $1 million dollars in the aggregate within 5 years after the implementation of the rule. For these reasons, a SERC has not been prepared by the agency and legislative ratification is not required.
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.
RULEMAKING AUTHORITY: 110.181(3) FS.
LAW IMPLEMENTED: 110.181 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, November 28, 2012, 9:00 a.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Erin S. Thoresen at [phone] or by email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Erin S. Thoresen at [phone] or by email at [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 60L-39

FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN

 

60L-39.0015Definitions.

(1) The following definitions apply to this rule chapter:

(a) Activities. For purposes of applying Section. 110.181(1)(h)2., F.S., this term means the The specific pursuit of actions of by the charitable organization in providing terms of the services provided through its charitable work. This term phrase does not refer to internal structure or membership of the charitable organization.

(b) Campaign. The Florida State Employees’ Charitable Campaign, as set forth in Section 110.181, F.S., and Rule Chapter 60L-39, F.A.C.

(c) Campaign Brochure. The compiled listings and descriptions of all approved charitable organizations to which employees may contribute and which may vary in content by fiscal agent area.

(d) Campaign Cycle. A time period that begins with the March 1 Form DMS-ADM-100 (rev. 03/10) application deadline for participation in a given fundraising drive and concludes at the end of the following calendar year after once all payroll deductions have been collected and distributed for that drive.

(e) Charitable Organization. A non-profit entity as defined in Section 496.404(1), F.S., that is properly registered as a charitable organization pursuant to Section 496.405, F.S., or an entity that is the umbrella group for such entities.

(f) Completed Application. A Form DMS-ADM-100 (rev. 03/10) Application for Participation, or Form DMS-ADM-102 (rev. 03/10) on which charitable organizations have provided the requested information for every applicable question and data field, including the required supporting documentation.

(g) Designated Funds. Monies contributed by employees in the form of cash, checks, or recurring payroll deductions that, pursuant to Section 110.181(1)(b), Florida Statutes, are designated Those contributions which the employees designates to specific charitable organizations from among the list of charitable organizations approved for participation in the campaign in the FSECC.

(h) Direct Services. Specific activities performed by a charitable organization in a the local fiscal agent area that provides an identifiable benefit to one or more residents within the fiscal agent area or to an entity that provides identifiable benefits to the residents of that fiscal agent area.

(h)(i) Fiscal Agent. An entity selected by the Department of Management Services through the competitive procurement process and placed under contract to administer the receipt of, accounting for and distribution of the charitable contributions to the participating charitable organizations and to perform other appropriate administrative services as negotiated through contract.

(i)(j) Fiscal Agent Area. A geographic region of the state as defined by the Department designated in Form DMS-ADM-102 (rev. 03/10) for administrative convenience in managing and used to administer the contracted services provided by through the local fiscal agents.

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

(k)(l) Incidentally. Of a minor or subordinate nature to a charitable organization’s charitable activities.

(l)(m) Independent Unaffiliated Agency. A charitable organization which is not an umbrella group or a member of any umbrella group.

(m)(n) International Service Agency. A charitable organization with any programs outside the United States.

(o) Local Fiscal Agent. An entity or entities with whom the Fiscal Agent may contract to manage the campaign and receive, account for and distribute charitable contributions among participating charitable organizations in a specific fiscal agent area.

(n)(p) National Agency. An umbrella group or an affiliated member of an umbrella group serving basic human or environmental needs inside the United States. This definition excludes any charitable organization that is a member or affiliate of the United Way of Florida, Inc.

(o)(q) Political. Relating 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 or relating to an organization engaged in lobbying as defined in Section 11.045(1)(f), F.S.

(p)(r) Primarily. Chiefly, principally or mainly as it relates to the activities of the charitable organization and not its internal structure or membership.

(q)(s) Professional. Relating 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.

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

(s)(u) Statewide Steering Committee. The Steering Committee established in Section 110.181(4), F.S.

(v) Tier One Undesignated Funds. Those contributions for which employees did not designate a specific charitable organization and which are distributed by the Statewide Steering Committee on a pro rata basis pursuant to Section 110. 181(2)(e), F.S.

(w) Tier Two Undesignated Funds. Those monies remaining after Tier One distribution of undesignated funds and which are distributed by the local steering committees, pursuant to Section 110.181(2)(e), F.S.

(t)(x) Umbrella Group. An entity that is a federated fundraising organization as defined in Section 496.404(10), F.S.

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

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-23-07, Amended 5-16-10,__________

 

60L-39.003 Statewide Steering Committee.

(1) through (5) No change.

(6) The Statewide Steering Committee shall review all Form DMS-ADM-102 (rev. 03/10) applications for receipt of Tier One undesignated funds before January 31 of each campaign cycle and recommend approval or denial on the basis of compliance with the established criteria, completeness, and timely submission.

(6)(7) If needed for purposes of recommending an action to the Department, the Statewide Steering Committee may request clarification of any information provided by a charitable organization which has filed a completed application. If requested, umbrella groups shall provide contact information for member organizations with whom the Statewide Steering Committee may wish to correspond directly. In order to be considered, the requested clarification shall be submitted to the Department within five business days of the receipt of the Committee’s request. Submitted means electronically submitted or postmarked no later than 11:59 p.m. on the fifth business day.

(7)(8) The Statewide Steering Committee shall recommend to the Department approval or denial of any reviewed Form DMS-ADM-100 (rev. 03/10) application and Form DMS-ADM-102 (rev. 03/10) application.

(8)(9) The Statewide Steering Committee shall ensure that campaign brochures and materials, whether produced by the Department or the fiscal agent, treat all participating charitable organizations equally and fairly and conform to the following:

(a) Campaign brochures shall provide the same type, size, and color print for all participating charitable organizations.

(b) The cCampaign brochures in each fiscal agent area shall group charitable organizations by their respective umbrella group into separate sections of the brochure. The order of the umbrella groups shall be alphabetical. The individual charities that comprise an umbrella group shall be listed in alphabetical order within the umbrella group listing, except that the umbrella group itself will be listed first, if applicable. Independent unaffilated agencies shall be grouped together alphabetically as one listing and appear as the last section of the brochures. Electronic brochures that provide search functions to allow employees to find specific charities shall use search criteria established by the Department.

(c) A campaign brochure that is specific to a geographic area shall not list both the state or national charitable organization and its local affiliate or other subunit

(c)(d) In cases where a charitable organization has submitted more than one application, such charitable organization shall be listed under the United Way, if applicable. Otherwise, their listing in the brochure shall be determined on the basis of the approved application which was received by the Department first. In no case shall a charitable organization be given a dual listing in the same campaign brochure except that organizations belonging to more than one umbrella group may apply under each of their umbrealla groups and, if approved, shall be listed under each applicable umbrella group. Campaign brochures may include both state or national and local affilliates to ensure that employees have the opportunity to contribute to all levels of the charitable organization that were individually approved to participate in the campaign.

(d)(e) Campaign brochures shall include the words Florida State Employees’ Charitable Campaign and the official FSECC logo on the front cover.

(e)(f) Campaign brochures shall exclude any local fiscal agent logo and slogan that is not unique to the campaign. The local fiscal agents shall be identified in their respective campaign brochures only by their designated fiscal agent code, the counties they serve or both.

Rulemaking 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, 1-23-07, 5-16-10,__________

 

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

(1) For purposes of ensuring compliance with the eligibility criteria of Sections 110.181(1)(c)-(h), F.S., charitable organizations are subject to the following:

(a) Charitable organizations with fundraising and administrative expenses in excess of 25% shall provide justification to demonstrate extraordinary circumstances beyond the charitable organization’s control such as unexpected destruction of facilities due to severe weather, fire, or similar events. Such circumstances do not include reduced fundraising or investment revenues, or increased administrative or fundraising expenses that have arisen as a consequence of the organization’s operational decisions.

(b) Religious charitable organizations which provide services described in Section 110.181, F.S., shall not be excluded because of religious viewpoint.

(c) Organizations which comply with all applicable state and federal nondiscrimination laws shall be deemed in compliance with Section 110.181(1)(h)3., F.S.

(d) Organizations which are required to register pursuant to the Solicitation of Contributions Act, Chapter 496, F.S., shall have a registration number that is valid on March 1, of the application year.

(e) Organizations which are duly registered under section 501(c)(3), Internal Revenue Code, shall be deemed in compliance with Section 110.181(1)(h)5., F.S.

(2) The Department may disqualify Once approved for participation, any approved charitable organization may be disqualified by majority vote of the Steering Committee for:

(a) Failing to maintain eligibility for participation in the campaign, if such failure occurs prior to publication of the campaign brochure; or,

(b) Filing an application to participate in the FSECC that contains false or misleading information that is material to the applicant’s eligibility.

(3) Pursuant to federal law, participating charitable organizations that are shall not be 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, or and the United States State Department’s list of foreign terrorist organizations shall not be eligible to participate in the campaign. In addition, participating charitable organizations shall certify that they are in compliance with all statutes (including prohibitions against terrorism as defined in 18 U.S.C. §2331), Executive orders, and regulations restricting or prohibiting U.S. persons from engaging in transactions and dealings with countries, entities, or individuals subject to economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control.

(4) An Independent Unaffiliated Agency shall be deemed to be providing services throughout the year and throughout the state in accordance with Section 110.181(1)(d), F.S., if they demonstrate that their services were provided every month of the calendar year and in every fiscal agent area.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-23-07, 5-16-10,__________.

 

60L-39.0041 Eligibility Criteria for Receipt of Tier One Undesignated Funds.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Repealed ________.

 

60L-39.005 Application Procedures.

(1) Application for annual participation in the FSECC shall be submitted no later than March 1 of each year on Form DMS-ADM-100 (rev. 03/10), Application for Participation in the Florida State Employees’ Charitable Campaign, effective 5-16-10, which is hereby incorporated by reference. This form shall be available upon request and on the Department’s website: www.dms.myflorida.com/fsecc http://dms.myflorida.com/human_resource_support/human_resource_management/for_state_personnel_system_employees/state_employees_charitable_campaign and upon request.

(a) Electronic applications shall be submitted to the electronic address specified by the Department on the application form by 11:59 p.m. (Eastern Time), on March 1.

(b) In the event the application form and supporting documentation are submitted as a paper package, the submission must be postmarked by March 1.

(c) An umbrella group may submit applications on behalf of its members.

(d) Each charitable organization shall document administrative expenses, fundraising expenses and total revenue, as follows:

1. Each charitable organization required to file IRS Form 990 shall submit a copy of the applicable pages of its most recently filed IRS Form 990, in accordance with the instructions for completing the Form DMS-ADM-100 (rev. 03/10) application, provided that such IRS Form 990 is for a fiscal period ending not more than 24 months prior to March 1.

2. Charitable organizations that which are not required to file an IRS Form 990 or that which file an IRS Form 990 EZ or an IRS Form 990 PF shall submit a copy of the applicable pages of an IRS Form 990 and shall submit these pages with their application, in accordance with instructions on the Form DMS-ADM-100 (rev. 03/10).

(2) Application for Receipt of Tier One Undesignated Funds, pursuant to Section 110.181(2)(e), F.S., shall be made on Form DMS-ADM-102 (rev. 03/10), Direct Local Services Certification Form, effective 5-16-10, which is hereby incorporated by reference. This form shall be available on the Department’s official website: http://dms.myflorida.com/human_resource_support/human_resource_management/for_state_personnel_system_employees/state_employees_charitable_campaign and upon request.

(a) In order to be considered for the receipt of Tier One undesignated funds, umbrella groups, on behalf of their member agencies, and all independent unaffiliated agencies shall annually submit completed Form DMS-ADM-102 (rev. 03/10) applications to the electronic address specified by the Department on the application form by 11: 59 p.m. (Eastern Time), on October 1 of the campaign year for which they have been approved to participate.

(b) In the event the application and any applicable supporting documentation is submitted as a paper package, the submission must be postmarked by October 1.

(2)(3) The Statewide Steering Committee shall only consider complete applications for inclusion in the Campaign or for the receipt of Tier One undesignated funds. Incomplete applications shall be deemed denied without further action from the Statewide Steering Committee.

Rulemaking 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, 1-23-07, 5-16-10,__________

 

60L-39.006 Department Duties and Responsibilities.

(1) The Department shall be responsible for effectively and efficiently administering the Campaign by procuring, through the competitive bid process, a fiscal agent who, in accordance with a service contract, shall:

(a) Provide state level coordination of the campaign and oversee the activities of local fiscal agents, which receive, account for, and distribute designated funds to the applicable charitable contributions among participating charitable organizations;

(b) Select, train and partner with local steering committees comprisedcomposed of state employees in the fiscal agent area to assist in conducting the campaign and to direct the distribution of Tier Two undesignated funds.

(c) Train agency coordinators and volunteers in the methods of non-coercive solicitation;

(d) Honor employee designations;

(e) Help to ensure that no employee is coerced or questioned as to the employee’s designation or its amount, other than for arithmetical inconsistencies;

(f) Respond in a timely and appropriate manner to inquiries from employees, participating charitable organizations, umbrella groups or the Statewide or Local Steering Committees;

(g) Distribute Tier One undesignated funds awarded by the Statewide Steering Committee to participating charitable organizations in the same percentage as the designated funds received by those participating charitable organizations.

(h) Distribute Tier Two undesignated funds awarded by the local steering committees to appropriate charitable organizations in the campaign;

(g)(i) Distribute campaign funds to participating charitable organizations based on a schedule agreed upon through the fiscal agent contract, but on no less than on at least a quarterly basis. If a local fiscal agent’s prior year’s collections from the FSECC fall below the prior year’s median raised by all local fiscal agents (an amount to be determined by the state fiscal agent by calculating the median amount raised by all local fiscal agents), the local fiscal agent is authorized to make distributions on a less than quarterly basis, so long as all distributions are made within the funding year;

(h)(j) Withhold the reasonable costs for conducting the campaign and for accounting and distribution to the participating charitable organizations. These costs shall be shared proportionately by the participating charitable organizations based on their percentage share of the gross campaign;

(i)(k) In cases where the local fiscal agents hosts events on behalf of the campaign, ensure that an invitation to attend is extended to all charitable organizations approved for participation in the campaign. Local The fiscal agents may invite charitable organizations that are members of an umbrella group by extending the invitation to their respective umbrella group;

(j)(l) Perform other services or duties assigned by the Department.

(2) through (3) No change.

Rulemaking 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, 1-23-07, 5-16-10,__________

 

60L-39.007 Appeals.

(1) Charitable organizations that have been notified of their ineligibillity to participate in the campaign or to receive pro rata Tier One undesignated funds may appeal within seven working days after the receipt of the notice of ineligibility.

(2) Charitable organizations or their respective umbrella group may not introduce new material designed to complete an application during the appeal process. This provision is established specifically to preclude the use of the appeal process to expand the time available to assemble a complete application by the required deadlines.

(3) All appeals for participation in the campaign shall be concluded by June 30 to allow timely publication of authorized participating charitable organizations in the FSECC brochures.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 5-16-10,__________

 

60L-39.008 Local Steering Committees.

(1) By May 1 of each year, the fiscal agent shall forward to the Statewide Steering Committee for approval a list of the names, employing agencies and recommending entities of all state employees nominated for local steering committee membership. If, in the assessment of the fiscal agent, the total number of recommendations in a particular fiscal agent area would make the size of the local steering committee unmanageable, the fiscal agent shall advise the Statewide Steering Committee which of the total number of recommended state employees it wishes to select for local steering committee membership;

(a) If, after the above referenced list has been approved, a local steering committee wishes to add or substitute state employees to carry out its responsibilities, the fiscal agent shall forward to the Statewide Steering Committee such changes for their review and approval.

(b) Resignations of state employees from the local steering committees do not require the approval of the Statewide Steering Committee.

(2) Local steering committees shall, with the assistance of the local fiscal agent, notify participating charitable organizations of the name and contact information of the local steering committee chairperson and members. The local steering committee shall ensure public access to all local steering committee meetings. For meetings during which Tier Two undesignated funds will be discussed, the local steering committee shall, with the assistance of the local fiscal agent, ensure a minimum of a two-week notice is provided to participating charitable organizations or their respective umbrella group, if applicable. Such notice shall include a posting on the Department’s official website.

(3) When practicable, charitable organizations seeking a distribution of Tier Two undesignated funds may submit written materials in support of their request to the local steering committee in advance of any meeting at which distribution of Tier Two undesignated funds will be determined. All charitable organizations approved for participation in the current year’s campaign are eligible for consideration for the receipt of Tier Two undesignated funds.

(4) Upon determination of the charitable organizations that will receive Tier Two undesignated funds and the respective amounts to be distributed, each local steering committee shall document the charitable organizations selected, the amount awarded to them and the rationale for those decisions.

(5) Any local steering committee member shall disclose any affiliation with a participating charitable organization at the onset of any meeting during which distribution of Tier Two undesignated funds will be discussed.

(6) The decisions of local steering committees regarding distribution of Tier Two undesignated funds may be reviewed by the Statewide Steering Committee for abuse of discretion. Any charitable organization that wishes to request a review by the Statewide Steering Committee shall submit a request in writing to the Department, which outlines the factual basis for review, within seven business days of the local steering committee’s determination. The Statewide Steering Committee shall convene to consider any request for review and shall recommend appropriate action to the Department.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Amended__________

 

60L-39.009 Employee Contributions and Campaign Events Supported Activities.

(1) The FSECC shall be the only workplace charitable fundraising program in state government that receives official state coordination and support at any given time, as provided in Section 110.181(1)(a), Florida Statutes.

(2) Contributions shall be made only by public officials and employees and shall be entirely voluntary and designated to charitable organizations approved for inclusion in the campaign, pursuant to Section 110.181(1)(b), Florida Statutes.

(3) The primary method for employees to contribute designated funds shall be through recurring payroll deductions pledged for a specific calendar year or through a lump sum, one-time cash or check contribution in lieu of payroll deductions. Such pledged payroll deductions or one-time cash or check contribution shall be made on a Form DMS-ADM-103, FSECC Payroll Deduction Authorization or Lump Sum Gift Designation, effective xx-xx-xxxx, which is hereby incorporated by reference. This form shall be available upon request and on the Department’s website: www.dms.myflorida.com/fsecc.

(4)(2) Agencies are also authorized to sponsor campaign voluntary events during work hours to raise awareness of the campaign, generate funds, and promote use of payroll deductions payroll pledges. The agency head or designee shall approve such activities and shall ensure that:

(a) No employee is coerced to participate or otherwise singled out for not participating in campaign events or declining to contribute or pledge funds;

(b) Workplace events benefit the FSECC as a whole and do not target any particular participating charity(ies); and

(c) In order to be considered work time, the resultant absence of employees from their workstations is not detrimental to operations, does not require travel away from the official worksite and does not impose significant potential for injury. Otherwise, the agency head shall determine if participation in a campaign event The duration of the employees’ absence from their work station, whether or not travel outside of the workplace facilities is necessary, and any significant potential for injury are considered before determining whether participation in a workplace event shall constitute work time, or shall require the use of accrued leave or leave without pay, in accordance with Chapter 60L-34, F.A.C.

(5) For agency sponsored campaign events used to generate designated funds through cash or check donations for a specified campaign cycle, the agency head or designee shall ensure that:

(a) Employees contribute their designated cash or check donations at or prior to such events;

(b) Employees designate their contribution on a Form DMS-ADM-104, FSECC Special Event Designation, effective xx-xx-xxxx, which is hereby incorporated by reference. This form shall be available upon request and on the Department’s website: www.dms.myflorida.com/fsecc;

(c) Cash or check donations that are designated funds for the charities are segregated from any payment the employee is required to make to offset the cost of participation in the campaign event such as registration fees, greens fees for golf tournaments, and fees used to cover the cost of supplies or other overhead costs;

(d) The agency submits to the fiscal agent, pursuant to the timelines established for that year’s campaign, all designated cash and check donations received in connection with that particular event, the corresponding Form DMS-ADM-104 for each donation, and a summary of the total funds submitted.

(6) To minimize administrative costs associated with processing designated donations, the minimum amount that may be designated by an employee to a charity is five dollars ($5.00).

(7) Employees who make contributions by check shall make the check payable to the Florida State Employees’ Charitable Campaign or FSECC and not their designated charity(ies).

(8) The agency or agency designee shall ensure that all the lump sum, one-time contributions that are made in lieu of payroll deduction and all the corresponding Forms DMS-ADM-103 completed by employees are collected and submitted to the fiscal agent pursuant to the timelines established for that year’s campaign.

(9) Pursuant to Florida Commission on Ethics Opinion CEO 06-15, private entities or individuals not employed by the State of Florida may contribute monies or in-kind donations such as door prizes or meals through the fiscal agent for the express purpose of supporting agency efforts to generate interest and participation in the campaign. Such entities may not make any donation to the charitable organizations approved for inclusion in the campaign, inasmuch as the purpose of the FSECC is to direct charitable fundraising towards state employees, as provided in Section 110.181(1), F.S.

(10)(3) Campaign Workplace events at Department managed facilities shall be pre-authorized by and coordinated with the Division of Real Estate Development and Management, pursuant to Chapter 60H-6, F.A.C.

(11)(4) Time spent by employees who the agency has assigned to coordinate, communicate, or provide training related to the campaign, or who attend training or events held to recognize their role or contribution to the campaign, shall be considered work time.

(12)(5) Participating charities may attend agency sponsored any workplace campaign events; however, agencies charitable organizations shall not permit, plan, or conduct distribution or display of any materials, solicitation, or services of any specific charity within State facilities as part of the campaign.

(13)(6) Charitable organizations are permitted to publicize their activities and solicit employee participation in the FSECC through the news media or other private outlets outside State facilities. Charitable organizations seeking to raise funds shall not contact employees at the work place for any purpose related to fundraising. However, the fiscal agent may contact employees or distribute approved campaign materials solely for the purpose of performing fiscal agent duties.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10. Amended__________

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon D. Larson, Director, Division of Human Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott Stewart, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 13, 2012