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-39.0041: Eligibility Criteria for the Receipt of Tier One Undesignated Funds
60L-39.005: Application Procedures
60L-39.006: Duties and Responsibilities of the Fiscal Agent
60L-39.007: Appeals
60L-39.008: Local Steering Committees
60L-39.009: Campaign Supported Activities
PURPOSE AND EFFECT: Amends current rule to streamline campaign processes and align provisions with statutory language.
SUMMARY: Substantive revisions made to align the definitions of all terms with the statute, clarify terms, remove criteria redundant with or inconsistent with statute, delineate each party’s authority and role, and provide guidance that will facilitate uniform practices. Also revised application forms to simplify the application processes and clarify instructions. The Division of Human Resource Management has consulted with the Small Business Regulatory Council and has determined that this amendment has no impact on small businesses as defined by Section 288.703, F.S., nor on small counties or small cities as defined by Section 120.52, F.S., since the affected entities are non-profit organizations.
SUMMARY OF STATEMENT 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.
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: October 28, 2009, 8:30 a.m. – 12:00 Noon
PLACE: 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 5 days before the workshop/meeting by contacting: Mr. Matt Gregory at matthew.gregory@dms.myflorida.com. 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. Matt Gregory, HR Consultant, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, phone (850)921-4618
THE FULL TEXT OF THE PROPOSED RULE IS:
(Substantial rewording of Rule 60L-39.001 follows. See Florida Administrative Code for present text.)
60L-39.001 Scope and Purpose.
In order to provide a means by which employees may voluntarily engage in charitable giving, the State of Florida has an interest in establishing a consolidated charitable campaign with minimal workplace disruption and administrative costs. To that end, this chapter sets forth the rules governing the Florida State Employees’ Charitable Campaign (FSECC or “the Campaign”) in accordance with Section 110.181, F.S.
Rulemaking Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-1-02, Amended 1-23-07,________.
(Substantial rewording of Rule 60L-39.0015 follows. See Florida Administrative Code for present text.)
60L-39.0015 Definitions.
(1) The following definitions apply to this rule chapter:
(a) Activities. The specific pursuit of actions by the charitable organization in terms of the services provided through its charitable work. This 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 in the fall of the calendar year in which charitable organizations are approved to participate and concludes at the end of the following calendar year once all payroll deductions are collected.
(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. 9/09) or Form DMS-ADM-102 (rev. 9/09) on which charitable organizations have provided the requested information for every applicable question and data field, including the required supporting documentation.
(g) Designated Funds. Those contributions which the employee designates to specific charitable organizations participating in the FSECC.
(h) Direct services. Identifiable and specific services of a charitable organization made available by the performance of specific activities in at least one local fiscal agent’s area.
(i) Fiscal Agent. A nonprofit charitable organization participating in the FSECC or a business 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.
(j) Fiscal Agent Area. A geographic region of the state as designated in Form DMS-ADM-102 (rev. 9/09) for administrative convenience and used to administer the contracted services through local fiscal agents.
(k) Fraternal. Relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit.
(l) Incidentally. Of a minor or subordinate nature to a charitable organization’s charitable activities.
(m) Independent unaffiliated Agency. A charitable organization which is not an umbrella group or a member of any umbrella group.
(n) International Service Agency. A charitable organization with any programs outside the United States.
(o) National Agency. A charitable organization with programs that provide services outside of Florida but within the United States.
(p) 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.
(q) Primarily. Chiefly, principally or mainly as it relates to the activities of the charitable organization and not its internal structure or membership.
(r) 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.
(s) Religious. Relating to religion as practiced by any church, ecclesiastical or denominational organization with an established physical place where religious worship is regularly conducted.
(t) Statewide Steering Committee. The Steering Committee established in Section 110.181(4), F.S.
(u) 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.
(v) 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.
(w) 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 Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-23-07, Amended_________.
60L-39.002 General Requirements.
Rulemaking Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-9-05, 1-23-07, Repealed_________.
(Substantial rewording of Rule 60L-39.003 follows. See Florida Administrative Code for present text.)
60L-39.003 Statewide Steering Committee.
(1) The members of the Statewide Steering Committee shall serve staggered four-year terms.
(2) To facilitate effective and efficient departmental oversight and maintenance of the campaign, the Secretary shall designate one of the Department’s appointees to serve as the chairperson of the committee. The Chairperson may call meetings of the Statewide Steering Committee on behalf of the Secretary, coordinate meeting agendas and preside over the meetings.
(3) The Statewide Steering Committee shall assist the Department in an advisory role regarding the development of procedures and guidelines that support administration of the campaign.
(4) The Statewide Steering Committee shall approve the calendar of events and the training and marketing materials proposed by either the Department or the fiscal agent.
(5) The Statewide Steering Committee shall review all Form DMS-ADM-100 (rev. 9/09) applications before June 1 of each campaign cycle and recommend approval or denial on the basis of compliance with the established criteria, completeness and timely submission.
(6) The Statewide Steering Committee shall review all Form DMS-ADM-102 (rev. 9/09) 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.
(7) If needed for purposes of determining eligibility, 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 working 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 day.
(8) The Statewide Steering Committee shall recommend to the Department approval or denial of any reviewed Form DMS-ADM-100 (rev. 9/09) and Form DMS-ADM-102 (rev. 9/09).
(9) Except for the campaign materials approved by the Statewide Steering Committee, charitable organizations shall not permit, plan, or conduct distribution of any materials, solicitation, or services within State facilities as part of the campaign. Charitable organizations 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. Charitable organizations shall not contact employees at the work place for any purpose. However, the fiscal agent may contact employees for the express purpose of requesting clarifying information regarding authorized payroll deduction information from the agency FSECC coordinators.
(10) 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. Campaign brochures shall provide the same type, size, and color print for all participating charitable organizations.
(a) The campaign brochure 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.
(b) 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) Similarly-named charitable organizations shall not be listed, unless the Statewide Steering Committee determines they do not deliver services to overlapping or identical geographical areas.
(d) In cases where a charitiable organization has submitted more than one application, such charitiable 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 charitiable organation be given a dual listing in the same campaign brochure.
(e) Campaign brochures shall be uniform in structure as determined by the Statewide Steering Committee and shall include the words Florida State Employees’ Charitable Campaign and the official FSECC logo on the front cover. Campaign brochures shall exclude any local fiscal agent logo and slogan. Fiscal agent or local fiscal agent name may be used only as contact information within the brochure.
Rulemaking 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, 1-23-07._________.
(Substantial rewording of Rule 60L-39.004 follows. See Florida Administrative Code for present text.)
60L-39.004 Eligibility Criteria for Participation in the Campaign by Charitable Organizations.
(1) For purposes of ensuring compliance with the eligibility criteria of Section 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.
(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. Organizations which are not required to register shall be deemed in compliance with Section 110.181(1)(h)4., F.S., with proper documentation.
(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) Once approved for participation, any 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 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, and the United States State Department’s list of foreign terrorist organizations. In addition, participating charitable organizations shall certify that they protect against fraud with respect to the provision of financial, technical, in-kind or other material support or resources to persons or organizations on such lists, and ensure that they do not knowingly provide financial, technical, in-kind or other material support or resources to any individual or entity that they know beforehand is supporting or funding terrorism.
(4) Independent Unaffiliated agencies 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 Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-23-07,________.
60L-39.0041 Eligibility Criteria for Receipt of Tier One Undesignated Funds.
(1) In order to be eligible for Tier One undesignated funds to be awarded by the Statewide Steering Committee, the charitable organization must be approved for participation in the current campaign cycle and, in accordance with Section 110.181(2)(e), F.S., must have provided direct services in a local fiscal agent’s area in the preceding calendar year.
(2) For the purposes of administering Section 110.181(2)(e), F.S., direct services include:
(a) Providing family, foster care or adult/child care;
(b) Providing transportation, information, referral, or counseling services for the disadvantaged population;
(c) Providing adoption services;
(d) Preparing or delivering meals; feeding the hungry;
(e) Providing emergency shelter care or relief services;
(f) Providing safety or protective services for adults and/or children;
(g) Providing neighborhood or community health and welfare, care, grants, and/or recreation services;
(h) Providing rehabilitation services;
(i) Providing health education, or patient services or support;
(j) Providing social adjustment, counseling, rehabilitation, or job training;
(k) Providing a combination of services designed to meet the needs of special groups such as the elderly or persons with disability;
(l) Providing scholarships, grants or a combination of financial/material assistance to provide education or job training for the disadvantaged population;
(m) Providing individual or family legal counseling for the indigent;
(n) Conserving, protecting, or restoring the State’s environment;
(o) Any other well-defined substantial, direct, or hands-on specific act performed in the specific fiscal agent area in which the charitable organization is applying.
(3) For the purpose of administering Section 110.181(2)(e), F.S., if the only services that a charitable organization provided are one or more of the following activities, such services shall not constitute direct services:
(a) Maintaining, defending or settling any proceeding;
(b) Holding meetings of the board of directors or members, or carrying on other activities concerning internal corporate affairs;
(c) Maintaining bank accounts:
(d) Fundraising;
(e) Distributing informational materials;
(f) Operating internet websites;
(g) Distributing advocacy materials;
(h) Lobbying for passage or defeat of legislation;
(i) Engaging in activities intended to shape public policy;
(j) Conducting corporate affairs in interstate commerce.
(4) Once determined to be providing direct services in a fiscal agent area, any charitable organization 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.
Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New_________.
(Substantial rewording of Rule 60L-39.005 follows. See Florida Administrative Code for present text.)
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. 9/09), Application for Participation in the Florida State Employees’ Charitable Campaign, effective _________, which is incorporated by reference. This form shall be available on the Department’s website http://dms.myflorida.com/human_resource_support/human_resource_management/for_state_personnel_system_employees/state_employees_charitable_campaign or 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 standard time, on March 1.
(b) In the event the application form and supporting documentation is 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 submit a copy of its most recently filed IRS Form 990 provided that it is for a fiscal period ending not more than 24 months prior to March 1. Charitable organizations which are not required to file an IRS Form 990 or which file an IRS Form 990 EZ or an IRS Form 990 PF shall document administrative expenses, fundraising expenses, and total revenue on the applicable pages of an IRS Form 990 and shall submit these pages with their application, in accordance with instructions on the DMS-ADM-100 (rev. 9/09).
(e) Charitable organizations that are exempt from registering with the Department of Agriculture and Consumer Services, pursuant to Section 496.406, F.S., shall provide a copy of an exemption letter from the Department of Agriculture and Consumer Services as part of their application. Failure to do so will result in an incomplete application.
(f) Applications from charitable organizations that have an automatic exclusion from the registration requirements pursuant to Section 496.403, F.S., shall include a letter from the Department of Agriculture and Consumer Services concurring with that exclusion in order to be considered a completed application.
(g) In the event a charitable organization submits a Form DMS-ADM-100 (rev. 9/09) that is missing required information or documentation, the organization shall have five business days from the date they receive a certified, written notice by the Department, to submit the required information or documentation to the Department. Such documentation or information shall be submitted to the electronic address specified by the Department by 11:59 P.M., eastern standard time, on the fifth business day or, if submitted on paper, it must be postmarked no later than the fifth business day.
(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. 9/09), Direct Local Services Certification Form, effective __________, which is 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 or 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 DMS-ADM-102 applications to the electronic address specified by the Department on the application form by 11:59 P.M., eastern standard time, on October 1 of the same calendar year in which their DMS-ADM-100 (rev. 9/09) application was approved.
(b) In the event the application and/or any applicable supporting documentation is submitted as a paper package, the submission must be postmarked by October 1.
(c) Local United Way organizations are by definition providing direct services in a local fiscal agent area and are presumed to meet the statutory criteria for the receipt of Tier One undesignated funds. Therefore, such charitable organizations are exempt from this application requirement.
(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 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, 1-23-07,_________.
(Substantial rewording of Rule 60L-39.006 follows. See Florida Administrative Code for present text.)
60L-39.006 Department Duties and Responsibilities of the Fiscal Agent.
(1) The Department shall be responsible for effectively and efficiently administering the Campaign by procuring, through the competitive bid process, a fiscal agent that shall:
(a) Provide state level coordination of the campaign and oversee the activities of local fiscal agents, which receive, account for, and distribute charitable contributions among participating charitable organizations;
(b) Select, train and manage local steering committees composed of state employees in each fiscal agent area to assist in conducting the campaign and to direct the distribution of Tier Two undesignated funds. Members of the local steering committees shall be selected from among recommendations provided by interested participating charitable organizations, if any, with the approval of the Statewide Steering Committee. Charitable organizations shall submit the names of potential steering committee members, if any, to the local fiscal agent by July 1 of each year;
(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 Steering Committee;
(g) Provide all participating charitable organizations with the names and contact information of the local steering committee chairpersons and provide timely notification of the date, time and location of all local steering committee meetings.
(h) Provide a minimum of a two-week notice to umbrella groups for meetings during which Tier One or Tier Two undesignated funds will be discussed.
(i) 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.
(j) Distribute Tier Two undesignated funds awarded by the local steering committees to appropriate charitable organizations in the campaign;
(k) Distribute campaign funds to participating charitable organizations 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;
(l) 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;
(m) In cases where the local fiscal agents host events on behalf of the campaign, ensure that an opportunity to participate is extended to all charitable organizations in the applicable fiscal agent area, regardless of the umbrella group if any, with which they are affiliated;
(n) Perform other services or duties assigned by the Department.
(2) The Department shall ensure that all application reviews have taken into consideration all applicable criteria as stipulated in Section 110.181, F.S., this rule or other federal regulations.
(3) The Department shall send notice by certified mail to any charitable organizations that submitted Form DMS-ADM-100 (rev. 9/09) or DMS-ADM-102 (rev. 9/09) by the respective deadline, but whose submission is missing required information or documentation.
(a) Such notice shall provide 5 business days from receipt of the notice for the charitable organization to provide the required information or documention.
(b) Charitable organizations shall respond within the prescribed period in order for their submission to be considered a completed application.
(4) The Department shall notify all applicant charitable organizations and their umbrella group, if applicable, of all determinations of the Statewide Steering Committee. Denied charitable organizations shall be notified by certified letter and advised of their appeal rights.
Rulemaking 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, 1-23-07,_________.
(Substantial rewording of Rule 60L-39.007 follows. See Florida Administrative Code for present text.)
60L-39.007 Appeals.
(1) A charitable organization declared ineligible by the Statewide Steering Committee 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 Specific Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04,_________.
60L-39.008 Local Steering Committees.
(1) 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.
(2) Charitable organizations seeking a distribution of Tier Two undesignated funds from the local steering committee shall submit any written materials in support of the request to the local fiscal agent and the local steering committee no later than 48 hours in advance of any meeting at which distribution of Tier Two undesignated funds will be discussed. The local steering committee may accept written materials submitted within less than 48 hours in advance of said meetings upon a finding that such late submissions will not prejudice the deliberations of the local steering committee.
(3) In distributing Tier Two undesignated funds, each local steering committee shall address in a written recommendation the following subjects, as applicable under the facts pertaining to each fiscal agent area:
(a) Natural disasters or emergencies in the fiscal agent area requiring care or relief services;
(b) Needs of special groups or populations in the fiscal agent area;
(c) Special conservation or environmental needs in the fiscal agent area;
(d) The substance of specific presentations, if any, made in person or in writing by the charitable organization seeking a distribution of Tier Two undesignated funds from the local steering committee; and
(e) The history of any charitable organization in providing well-defined and substantial services in the specific fiscal agent area in which the charitable organization is requesting to receive Tier Two undesignated funds.
(4) Any local steering committee member shall disclose any affiliation with a participating charitable organization prior to voting on Tier Two undesignated funds.
(5) 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 within the time frames set forth in subsection 60L-39.007(1), Florida Administrative Code.
Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New_______.
60L-39.009 Campaign 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.
(2) Agencies are authorized to sponsor voluntary events during work hours to raise awareness of the campaign, generate funds, and promote payroll pledges. The agency head shall approve such activities and shall ensure that:
(a) No employee is coerced to participate or otherwise singled out for not participating in 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) 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., take into consideration 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.
(3) 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.
(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.
Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New_______.