Revisions are needed to Rule Chapter 60L-39, F.A.C. to implement the provisions of Chapter 2015-61, Laws of Florida.

 

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-39.005Application Procedures

60L-39.006Department Duties and Responsibilities

60L-39.007Appeals

60L-39.009Employee Contributions and Campaign Events

PURPOSE AND EFFECT: Revisions are needed to Rule Chapter 60L-39, F.A.C. to implement the provisions of Chapter 2015-61, Laws of Florida.

SUMMARY: The proposed revisions further minimize use of state resources for FSECC administration and comport with one of the major tenets of the FSECC law, which is to facilitate employee giving for the benefit of charities, while minimizing workplace disruption. Additionally, language is proposed throughout the rule to memorialize current practices and to provide clarity in the application of the rule.

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: Thursday, October 29, 2015, 2:30 p.m.

PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, FL 32399-0950

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: Mr. Mark Helms at [e-mail] or [phone]. 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: Mr. Mark Helms at [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60L-39.0015 Definitions.

(1) No change.

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

(b) through (c) No change.

(d) Campaign Cycle. A time period that begins with the March 1 Form DMS-ADM-100 (rev. 02/13) application deadline for participation  in a given fundraising drive and concludes at the end of the following calendar year after all payroll deductions have been collected and distributed for that drive.

(e) No change.

(f) Completed Application. A Form DMS-ADM-100 (rev. 02/13) The Florida State Employees’ Charitable Campaign Application for Participation (Form DMS-ADM-100, rev.xx/2015) hereby incorporated by reference, on which charitable organizations have provided the requested information for every applicable question and data field, including the required supporting documentation. This form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05901. The application may also be filed electronically by accessing www.fsecc.com.

(g) Designated Funds. All mMonies contributed by employees in the form of cash, checks, or recurring payroll deductions that are not collected as part of agency sponsored campaign events and that, pursuant to Section 110.181(1)(b), F.S., are designated to specific charitable organizations included from among the list of charitable organizations approved for participation in the Ccampaign Brochure. 

(h) No change.

(i) Fiscal Agent Area. A geographic region of the state defined by the Department for administrative convenience in managing the contracted services provided by the fiscal agents.

(i)(j) Relettered, No change.

(j)(k) Relettered, No change.

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

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

(n) 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.

(k)(o) Relettered, no change

(l)(p) Relettered, no change

(m)(q) Relettered, no change

(n)(r) Relettered, no change

(o)(s) Relettered, no change

(p)(t) Umbrella Group.  An entity that is a federated fundraising organization as defined in Section 496.404(12)(10), F.S., and, if required, registered under Chapter 496, F.S.

(q) Unaffiliated Agency. A charitable organization which is neither an umbrella group nor a member of at least one umbrella group.

(r) Undesignated Funds.  All monies contributed by employees in the form of cash or checks that are collected at agency sponsored campaign events and that, pursuant to Section 110.181(1)(b), F.S., are not designated to specific charitable organizations.

(2) No change.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-23-07, Amended 5-16-10, 2-17-13, xx-xx-xx.

 

60L-39.003 Statewide Steering Committee.

(1) through (3) No change

(4) The Statewide Steering Committee shall approve the statewide calendar of events and marketing materials proposed by either the Department or the fiscal agent.

(5) The Statewide Steering Committee shall review all Completed Form DMS-ADM-100 (rev. 02/13) Aapplications before June 1 of each Ccampaign Ccycle and recommend approval or denial to the Department on the basis of compliance with the established criteria, completeness and timely submission.

(6) No change

(7) The Statewide Steering Committee shall recommend to the Department approval or denial of any reviewed Form DMS-ADM-100, rev. xx/2015 Form DMS-ADM-100 (rev. 02/13) application.

(7)(8) Relettered, no change

(a) No change.

(b) Campaign brochures 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 Uunaffilated 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) through (e) 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, 2-17-13, xx-xx-xx.

 

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)-(e) 110.181(1)(c)-(h), F.S., charitable organizations are subject to the following:

(a) No change

(b) Religious charitable organizations which provide services described in Section 110.181, F.S., may 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)(e)3. 110.181(1)(h)3., F.S.

(d) No change

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

(2) - (3) No change

(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, 2-17-13, xx-xx-xx.

 

60L-39.005 Application Procedures.

(1) A Completed Application for annual participation in the FSECC shall be submitted no later than March 1 of each year for the Campaign Cycle beginning that year on Form DMS-ADM-100 (rev. 02/13),  Application for Participation in the Florida State Employees’ Charitable Campaign, revised 02/13, which is hereby incorporated by reference. This form shall be available upon request and from https://www.flrules.org/Gateway/reference.asp?No=Ref-02265 or on the Department’s website:  www.dms.myflorida.com/fsecc.

(a) through (c) No change.

(d) Each charitable organization shall document in Question 12 of  the application, administrative expenses, fundraising expenses and total revenue from the organization’s most recently filed IRS Form 990, which must cover a fiscal period ending not more than 24 months prior to March 1.  Chairtable Organizations that are not required to file an IRS Form 990 or that file an IRS Form 990 EZ or an IRS Form 990 PF shall provide analogous figures in Question 12, in accordance with the instructions on the Form DMS-ADM-100, rev. xx/2015. , 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. 02/13) 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 are not required to file an IRS Form 990 or that 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 with their application, in accordance with instructions on the Form DMS-ADM-100 (rev. 02/13).

(2) No change

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, 2-17-13, xx-xx-xx.

 

60L-39.006 Department Duties and Responsibilities.

(1) No change.

(a) No change.

(b) Select, train and partner with local steering committees comprised of state employees in the fiscal agent area to assist in conducting the campaign.

(b)(c) Relettered, no change

(c)(d) Honor employee designations as follows:

1. For payroll deducted contributions:  Use the pledged designation amounts to establish the percentage of  total payroll designations attributable to each charity and apply this percentage to the net payroll contributions collected to determine each charity’s  recurring distribution from payroll funds; and

2. For lump sum, one-time contributions: Use the actual designation amounts to determine each charity’s  net distribution from lump sum, one-time contributions.

(d)(e) Relettered, no change

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

(f)(g) Distribute net campaign funds to participating charitable organizations based on a schedule agreed upon through the fiscal agent contract, but on no less than a quarterly basis;

(g)(h) Withhold the reasonable costs for performing contracted services 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 funds;

(h)(i) In cases where the fiscal agent hosts events on behalf of the campaign where any participating charitable organization will be permitted to be in attendance, ensure that an invitation to attend is extended to all charitable organizations approved for participation in the campaign.  The fiscal agent may invite charitable organizations that are members of an umbrella group by extending the invitation to their respective umbrella group;

(i)(j) Relettered, no change

(2) No change.

(3) Upon conclusion of the Statewide Steering Committee’s review of all applications, the Department shall document their final recommendations, and pursuant to subsection 60L-39.003(7) 60L-39.003(8), F.A.C., and forward them to the Secretary, who will make the final determinations. The Department shall then notify all applicant charitable organizations and their umbrella group, if applicable, of their approval or denial and their appeal rights.  Denied charitable organizations shall be notified by certified letter and advised of their appeal rights.             

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, 2-17-13, xx-xx-xx.

 

60L-39.007 Appeals.

(1) Charitable organizations that have been notified of their ineligibility to participate in the campaign may appeal by notifying the Department 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. A charitable organization that submitted expense and revenue information in Question 12 of its application derived from its IRS Form 990 by the application deadline of March 1 may provide updated information from a more recent IRS Form 990 in conjunction with its appeal.

(3) All appeals for participation in the campaign shall be concluded by July 15 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, 2-17-13, xx-xx-xx.

 

60L-39.009 Employee Contributions and Campaign Events.

(1) No change.

(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 unless such contributions are collected as part of a campaign event, pursuant to Section 110.181(1)(b), F.S.

(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 using the electronic pledge system offered by the fiscal agent for the campaign on a Form DMS-ADM-103, FSECC Payroll Deduction Authorization or Lump Sum Gift Designation, effective 02/13, which is hereby incorporated by reference.  The fiscal agent shall provide an input form for employees unable to enter their pledge directly into the electronic pledge system.  This form shall be available upon request and on https://www.flrules.org/Gateway/reference.asp?No=Ref-02266 and on the Department’s website:   www.fsecc.com www.dms.myflorida.com/fsecc.

(4) No change.

(4)(a) through (4)(c) No change

(5) For agency sponsored campaign events used to generate undesignated designated funds through cash or check donations for a specified campaign cycle, the agency head or designee shall ensure that the collected cash or check donations are submitted to the fiscal agent pursuant to the procedures and timelines established for that year’s campaign.  Agencies are permitted to utilize a portion of the undesignated funds received to offset the cost of an agency sponsored campaign event.  In such cases the agency shall document and report such expenditures to the fiscal agent. :

(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 02/13, which is hereby incorporated by reference. This form shall be available upon request and on  https://www.flrules.org/Gateway/reference.asp?No=Ref-02267 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 ten five dollars ($10.00) ($5.00).

(7) No change.

(8) The agency or agency designee shall ensure that all the designated 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 procedures and timelines established for that year’s campaign.

(9) through (11) No change.

(12) Participating charities may attend  agency sponsored campaign events; however, agencies may 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) No change.

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Amended 2-17-13, xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon D. Larson, Director, Division of Human Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 01, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2015