Senate Bill 1504

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    Florida Senate - 2000                                  SB 1504

    By Senator Diaz-Balart





    37-1002-00

  1                      A bill to be entitled

  2         An act relating to state contracts with

  3         faith-based organizations; providing intent;

  4         defining the term "program"; authorizing

  5         certain agencies to contract or subcontract

  6         with faith-based organizations under certain

  7         programs or allow faith-based organizations to

  8         accept certificates, warrants, or other forms

  9         of disbursement under certain programs,

10         consistent with the U.S. Constitution and the

11         State Constitution; specifying eligibility of

12         faith-based organizations; providing certain

13         protections for faith-based organizations;

14         requiring certain agencies to prepare

15         implementation plans and submit the plans to

16         the Governor and the Legislature; creating the

17         Task Force on Florida Partnerships; providing

18         membership; providing duties; providing for per

19         diem and travel; providing for a report;

20         providing an effective date.

21

22         WHEREAS, state government should engage Florida's

23  faith-based organizations to enhance care for the needy and

24  fill hollow hearts, and

25         WHEREAS, government must have qualities of the spirit,

26  and

27         WHEREAS, the Federal Personal Responsibility and Work

28  Opportunity Reconciliation Act of 1996 specifically authorized

29  states to administer and provide services under specific

30  programs through contracts with charitable, faith-based, or

31  private organizations, and

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    Florida Senate - 2000                                  SB 1504
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  1         WHEREAS, health care facilities operated by or

  2  affiliated with faith-based organizations have been effective

  3  partners in providing public health services for many years

  4  without interfering with the religious liberties of

  5  Floridians, and

  6         WHEREAS, the Legislature intends to engage Florida's

  7  churches, synagogues, other religious congregations, and

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

  9  THEREFORE,

10

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

12

13         Section 1.  Legislative intent.--The Legislature

14  recognizes that many faith-based organizations have been

15  successful at helping people to lead happier, more productive,

16  and more successful lives, and that when this occurs the

17  state, its communities, and people receive important benefits.

18  Further, the Legislature recognizes that faith-based

19  organizations have been particularly important to and

20  effective in the delivery of essential services to the state's

21  most vulnerable and needy people, both on a contract and

22  voluntary basis, and that without this support many people

23  would experience a much poorer quality of life.  It is the

24  Legislature's intent that neither state agencies nor political

25  subdivisions of the state, either by action or inaction,

26  impair any contributions to the common good, and that neither

27  the state nor any of its agencies or political subdivisions be

28  permitted to express hostility toward the free exercise of

29  religious liberties by people in this state. Further, the

30  Legislature intends that, whenever possible and reasonable,

31  the agencies and political subdivisions of the state engage

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    Florida Senate - 2000                                  SB 1504
    37-1002-00




  1  faith-based organizations to work collaboratively in the

  2  delivery of services to people in this state, consistent with

  3  state and federal constitutional law.

  4         Section 2.  (1)  As used in this act, the term

  5  "program" means:

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

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

  8  Title I of the Personal Responsibility and Work Opportunity

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

10         (b)  Any other program established or modified under

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

12  Opportunity Reconciliation Act of 1996 that permits contracts

13  with organizations or permits certificates, warrants, or other

14  forms of disbursement to be provided to beneficiaries as a

15  means of providing assistance.

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

17  provides direct assistance to individuals or families.

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

19  may contract with faith-based organizations or allow

20  faith-based organizations to accept certificates, warrants, or

21  other forms of disbursement under any program, on the same

22  basis as any other nongovernmental provider without impairing

23  the religious character of the organizations. Any faith-based

24  organization may act as a subcontractor in the delivery of

25  services under any program on the same basis as any other

26  nongovernmental provider without impairing the religious

27  character of the organization. Each program to which this act

28  is applicable must be operated in compliance with federal

29  requirements applicable to the particular program and

30  consistent with the Establishment Clause of the United States

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    Florida Senate - 2000                                  SB 1504
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  1  Constitution and Section 3 of Article I of the State

  2  Constitution.

  3         (3)  Any faith-based organization is eligible as a

  4  contractor or subcontractor, on the same basis as any other

  5  nongovernmental organization, to provide assistance or to

  6  accept certificates, warrants, or other forms of disbursement

  7  under any program. Any agency of this state or any political

  8  subdivision of this state receiving funds under any program

  9  shall not discriminate against any organization that is or

10  applies to be a contractor to provide assistance, or that

11  accepts certificates, warrants, or other forms of

12  disbursement, on the basis that the organization has a

13  religious character.

14         (4)(a)  A faith-based organization that has entered

15  into a contract with an agency or political subdivision of

16  this state, or that accepts certificates, warrants, or other

17  forms of disbursement described in subsection (1), shall

18  retain its independence from state and local governments,

19  including the organization's control over the definition,

20  development, practice, and expression of its religious

21  beliefs.

22         (b)  An agency or any political subdivision of this

23  state may not require a faith-based organization to alter its

24  form of internal governance or remove religious art, icons,

25  scripture, or other symbols in order to be eligible to

26  contract to provide assistance, or to accept certificates,

27  warrants, or other forms of disbursement, funded under a

28  program.

29         (5)  Each agency that administers any program described

30  in this section shall prepare a plan to implement this section

31  and, no later than September 1, 2000, shall submit a copy of

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    Florida Senate - 2000                                  SB 1504
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  1  the plan to the Governor, the President of the Senate, and the

  2  Speaker of the House of Representatives.

  3         (6)  Any contractor or provider that has received a

  4  contract to provide services under any program may employ

  5  faith-based organizations as subcontractors on the same basis

  6  as any other nongovernmental provider.  Any agency that

  7  administers any program described in this section may include

  8  in any client services contract a requirement that contractors

  9  or providers prepare plans describing their implementation of

10  this section.  A failure to deliver such plans, if required,

11  may be considered by the agency as a material breach of the

12  contract which may result in cancellation of the contract.

13         (7)(a)  The "Task Force on Florida Partnerships" is

14  created to serve through February 1, 2001. The task force

15  shall consist of the following members:

16         1.  Five members who are affiliated with a community or

17  faith-based organization, to be appointed by the Governor.

18         2.  Two members who are affiliated with a community or

19  faith-based organization, to be appointed by the President of

20  the Senate.

21         3.  Two members who are affiliated with a community or

22  faith-based organization, to be appointed by the Speaker of

23  the House of Representatives.

24         4.  One representative each from the Department of

25  Children and Family Services, the Department of Juvenile

26  Justice, the Department of Corrections, and the WAGES Board,

27  to be appointed by the head of the agency.

28         (b)  The appointments must be made no later than

29  September 1, 2000, and immediately reported to the Department

30  of Management Services.

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    Florida Senate - 2000                                  SB 1504
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  1         (c)  Each appointed member of the task force shall

  2  serve at the pleasure of the appointing official. A vacancy on

  3  the task force shall be immediately filled in the same manner

  4  as the original appointment.

  5         (d)  The task force shall elect a chair from among its

  6  members. A vacancy in the chair of the task force must be

  7  filled for the remainder of the unexpired term by an election

  8  of the task force members.

  9         (e)  The Department of Management Services shall

10  convene and facilitate the organizational meeting of the task

11  force on or before October 1, 2000.  Thereafter, the task

12  force shall meet as necessary, at the call of the chair or at

13  the call of a quorum of the task force, and at the time and

14  place designated by the chair. A quorum is necessary for the

15  purpose of conducting official business of the task force.

16  Seven members of the task force constitute a quorum. The task

17  force shall use accepted rules of procedure to conduct its

18  meetings and shall keep a complete record of each meeting.

19         (f)  Members of the task force shall receive no

20  compensation for their services, but shall be entitled to

21  receive from the Department of Management Services

22  reimbursement of per diem and travel expenses as provided in

23  s. 112.061.

24         (g)  The Department of Management Services shall

25  provide staff for the task force.

26         (h)  The task force shall review, for compliance with

27  the provisions of this act, the policies and procedures of

28  each agency of this state or agency of a political subdivision

29  of this state which administers any program. The task force

30  shall identify any barriers in state laws, rules, or policies

31  that may prevent a faith-based organization from providing

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    Florida Senate - 2000                                  SB 1504
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  1  assistance under any program, and recommend solutions to those

  2  barriers.  The task force shall act as an advisory body and

  3  shall make recommendations to the Governor and the Legislature

  4  on a coordinated plan to carry out the legislative intent of

  5  this act.

  6         (i)  The task force shall also evaluate the potential

  7  usefulness of a statewide clearinghouse, district or regional

  8  liaisons, or other mechanism that would provide information to

  9  assist faith-based and other community-based organizations in

10  navigating the state procurement process.

11         (j)  The task force shall issue a report to the

12  Legislature no later than February 1, 2001, summarizing its

13  findings, stating its conclusions, and proposing its

14  recommendations.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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18            *****************************************

19                          SENATE SUMMARY

20    Authorizes any faith-based organization to contract with
      the state or any of its political subdivisions to provide
21    assistance under specified federal and state programs for
      needy individuals and families. Requires the preparation
22    of implementation plans and the submission of plans to
      the Governor and the Legislature. Creates the Task Force
23    on Florida Partnerships and provides for its membership
      and duties. Requires the task force to report to the
24    Legislature by February 1, 2001.

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