Senate Bill 1358

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1358

    By Senator Webster





    12-1210A-99                                         See HB 727

  1                      A bill to be entitled

  2         An act relating to state contracts with

  3         religious organizations; providing a

  4         definition; authorizing certain agencies to

  5         contract with religious organizations under

  6         certain programs or allow religious

  7         organizations to accept certificates, vouchers,

  8         or other forms of disbursement under certain

  9         programs; specifying eligibility of religious

10         organizations; providing certain protections

11         for religious organizations; authorizing

12         alternative provision of services and

13         disbursements under certain circumstances;

14         requiring certain agencies to prepare

15         implementation plans and submit the plans to

16         the Governor and the Legislature; providing an

17         effective date.

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19         WHEREAS, state government should engage Florida's

20  religious organizations to enhance care for the needy and fill

21  hollow hearts, and

22         WHEREAS, government must have qualities of the spirit,

23  and

24         WHEREAS, the federal Personal Responsibility and Work

25  Opportunity Reconciliation Act of 1996 specifically authorized

26  states to administer and provide services under specific

27  programs through contracts with charitable, religious, or

28  private organizations, and

29         WHEREAS, health care facilities operated by or

30  affiliated with religious organizations have been effective

31  partners in the provision of public health services for many

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1358
    12-1210A-99                                         See HB 727




  1  years without interfering with the religious liberties of

  2  Floridians, and

  3         WHEREAS, the Legislature intends to engage Florida's

  4  churches, synagogues, other religious congregations, and

  5  spiritual entrepreneurs to enhance care for the needy, NOW,

  6  THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  (1)  For purposes of this act, "program"

11  means:

12         (a)  Any state program funded under part A of Title IV

13  of the Social Security Act, as amended by section 103(a) of

14  Title I of the Personal Responsibility and Work Opportunity

15  Reconciliation Act of 1996, Pub. L. No. 104-193.

16         (b)  Any other program established or modified under

17  Title I or Title II of the Personal Responsibility and Work

18  Opportunity Reconciliation Act of 1996 that permits contracts

19  with organizations or permits certificates, vouchers, or other

20  forms of disbursement to be provided to beneficiaries as a

21  means of providing assistance.

22         (c)  Any other state program or policy initiative that

23  provides direct assistance to individuals or families.

24         (2)  Any agency of this state or political subdivision

25  of this state may contract with religious organizations or

26  allow religious organizations to accept certificates,

27  vouchers, or other forms of disbursement under any program, on

28  the same basis as any other nongovernmental provider without

29  impairing the religious character of such organizations, and

30  without diminishing the religious freedom of beneficiaries of

31  assistance funded under such programs.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1358
    12-1210A-99                                         See HB 727




  1         (3)  Any religious organization is eligible as a

  2  contractor, on the same basis as any other nongovernmental

  3  organization, to provide assistance or to accept certificates,

  4  vouchers, or other forms of disbursement under any program,

  5  provided that a program identified under paragraph (1)(a) or

  6  paragraph (1)(b) must permit a beneficiary to select an

  7  organization which is not a religious organization as an

  8  alternate provider of equivalent government benefit, or, if

  9  alternate providers are not available, that the government

10  benefit is provided in a manner which does not impose a burden

11  upon the religious liberties of the beneficiary.  Any agency

12  of this state or any political subdivision of this state

13  receiving funds under any program shall not discriminate

14  against any organization which is or applies to be a

15  contractor to provide assistance, or which accepts

16  certificates, vouchers, or other forms of disbursement, on the

17  basis that the organization has a religious character.  The

18  value of disbursement received by any religious organization

19  under contracts governed by this section may not exceed the

20  greater of the value of assistance received by the beneficiary

21  or the actual direct and indirect costs incurred by such

22  organization in the delivery of the assistance provided by the

23  program.

24         (4)(a)  A religious organization which has entered into

25  a contract with any agency of this state or any political

26  subdivision of this state under a program, or which accepts

27  certificates, vouchers, or other forms of disbursement

28  described in subsection (1), shall retain its independence

29  from state and local governments, including such

30  organization's control over the definition, development,

31  practice, and expression of its religious beliefs.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1358
    12-1210A-99                                         See HB 727




  1         (b)  An agency of this state or any political

  2  subdivision of this state shall not require a religious

  3  organization to alter its form of internal governance or

  4  remove religious art, icons, scripture, or other symbols in

  5  order to be eligible to contract to provide assistance, or to

  6  accept certificates, vouchers, or other forms of disbursement,

  7  funded under a program.

  8         (5)  If an individual, who receives, applies for, or

  9  requests to apply for assistance under a program identified in

10  paragraph (1)(a) or paragraph (1)(b) from an agency of this

11  state or any political subdivision of this state, has an

12  objection to the religious character of the organization or

13  institution from which the individual receives, or would

14  receive, assistance funded under such program, unless the

15  assistance is provided in a manner which does not impose a

16  burden upon the religious liberties of the individual, the

17  agency administering the program shall provide such

18  individual, if otherwise eligible for such assistance, within

19  a reasonable period of time after the date of such objection,

20  with assistance from an alternative provider that is

21  accessible to the individual and the value of which is not

22  less than the value of assistance funded under the program

23  which the individual would have received from such

24  organization.

25         (6)  Each agency which administers any program

26  described in this section shall prepare a plan to implement

27  this section and, no later than September 1, 1999, shall

28  submit a copy of the plan to the Governor, the President of

29  the Senate, and the Speaker of the House of Representatives.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1358
    12-1210A-99                                         See HB 727




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  2                          HOUSE SUMMARY

  3
      Authorizes state agencies to contract with religious
  4    organizations, or to allow religious organizations to
      accept certificates, vouchers, or other forms of
  5    disbursement, under federal programs funded or
      established for temporary assistance for needy families
  6    or supplemental security income by the Personal
      Responsibility and Work Opportunity Reconciliation Act of
  7    1996, on the same basis as other nongovernmental
      providers without impairing the religious character of
  8    such organizations, and without diminishing the religious
      freedom of beneficiaries of assistance funded under such
  9    programs. Requires agencies administering such programs
      to prepare a plan to implement the act and submit a copy
10    of the plan to the Governor and the Legislature.

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