United Way of Florida

Florida State Employees' Charitable Campaign

Overview: FSEC Campaign Rules
Chapter 60L-39 (formerly 60L-24) Florida Administrative Code

FLORIDA STATE EMPLOYEES' CHARITABLE CAMPAIGN RULES
CHAPTER 60L-39
(formerly 60L-24)
Florida Administrative Code

60L-39.001 Scope and Purpose.
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.
60L-39.007 Appeals.

60L-39.001 Scope and Purpose.

This chapter sets forth the rules governing the Florida State Employees' Charitable Campaign (FSECC).

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

60L-39.002 General Requirements.

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.
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.
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.
The FSECC shall be the only workplace charitable fundraising program in state government that receives official state coordination and support.
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.
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:
1. Include the words Florida State Employees' Charitable Campaign on the front cover;
2. Include the official FSECC logo on the front cover; and
3. Exclude 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.

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

To be eligible to participate in the FSECC, an organization must satisfy the following conditions.
1. 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.
2. 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, 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.
3. 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.
4. 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.
5. The organization must receive a substantial portion of its financial support from voluntary contributions.
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.
Once approved for participation, any organization or federation may be disqualified by majority vote of the Steering Committee for:
1. failing to comply with the procedures contained in this chapter; or
2. 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.

60L-39.005 Application Procedures.

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 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 215
Tallahassee, Florida 32399-0950

Applications must be postmarked by 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 215
Tallahassee, Florida 32399-0950
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.
The Steering Committee shall request additional documentation or information from an applicant 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.
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.

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.

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.
The duties and responsibilities of the area fiscal agent shall include the following:
1. Selecting, training and managing 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. 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.
2. Training employee keyworkers and volunteers in the methods of non-coercive solicitation.
3. Honoring employee designations.
4. Helping to ensure that no employee is coerced or questioned as to the employee's designation or its amount, other than for arithmetical inconsistencies.
5. Responding in a timely and appropriate manner to inquiries from employees, participating organizations, federations or the Steering Committee.
6. Notifying participating organizations and federations of the name and address of the local steering committee chairperson and ensuring them access to the steering committee meetings.
7. For meetings during which undesignated funds will be discussed, ensuring a minimum of a two-week notice to participating federations is provided.
8. Ensuring that distribution of undesignated funds is limited to participating organizations and federations in the FSECC.
9. Ensuring 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 by make distributions on a less than quarterly basis, so long as all distributions are made within the funding year.
10. Withholding 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/unaffiliated organizations based on their percentage share of the gross campaign.