CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Byrd offered the following:
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13 Amendment (with title amendment)
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15 remove everything after the enacting clause:
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17 and insert in lieu thereof:
18 Section 1. Legislative intent.--The Legislature
19 recognizes that many faith-based organizations have been
20 successful at helping people to lead happier, more productive,
21 and more successful lives, and that when this occurs the
22 state, its communities, and its citizens receive important
23 benefits. Further, the Legislature recognizes that
24 faith-based organizations have been particularly important to
25 and effective in the delivery of essential services to
26 Florida's most vulnerable and needy citizens, both on a
27 contract and voluntary basis, and that without such support
28 many citizens would experience a much poorer quality of life.
29 It is the Legislature's intent that neither state agencies nor
30 political subdivisions of the state, either by action or
31 inaction, impair such contributions to the common good, and
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 that neither the state nor any of its agencies or political
2 subdivisions be permitted to express hostility toward the free
3 exercise of religious liberties by Floridians. Further, the
4 Legislature intends that, whenever possible and reasonable,
5 the agencies and political subdivisions of the state engage
6 faith-based organizations to work collaboratively in the
7 delivery of services to Florida's citizens, consistent with
8 Florida and federal constitutional law.
9 (1) For purposes of this act, "program" means:
10 (a) Any state program funded under part A of Title IV
11 of the Social Security Act, as amended by section 103(a) of
12 Title I of the Personal Responsibility and Work Opportunity
13 Reconciliation Act of 1996, Pub. L. No. 104-193.
14 (b) Any other program established or modified under
15 Title I or Title II of the Personal Responsibility and Work
16 Opportunity Reconciliation Act of 1996 that permits contracts
17 with organizations or permits certificates, warrants, or other
18 forms of disbursement to be provided to beneficiaries as a
19 means of providing assistance.
20 (c) Any other state program or policy initiative that
21 provides direct assistance to individuals or families.
22 (2) Any agency or political subdivision of this state
23 continues to have the authority to contract with faith-based
24 organizations or to allow faith-based organizations to accept
25 certificates, warrants, or other forms of disbursement under
26 any program, on the same basis as any other nongovernmental
27 provider, without impairing the religious character of such
28 organizations. Any faith-based organization may act as a
29 subcontractor in the delivery of services under any program,
30 on the same basis as any other nongovernmental provider,
31 without impairing the religious character of such
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 organization.
2 (3) Each program to which this act is applicable shall
3 be operated in compliance with federal requirements applicable
4 to the particular program, and consistent with the
5 Establishment and Free Exercise Clauses of the United States
6 Constitution and s. 3, Art. I of the State Constitution.
7 (4) Any faith-based organization continues to be
8 eligible as a contractor or subcontractor, on the same basis
9 as any other nongovernmental organization, to provide
10 assistance or to accept certificates, warrants, or other forms
11 of disbursement under any program. Any agency of this state or
12 any political subdivision of this state receiving funds under
13 any program shall not discriminate against any organization
14 which is or applies to be a contractor to provide assistance,
15 or which accepts certificates, warrants, or other forms of
16 disbursement, on the basis that the organization has a
17 religious character.
18 (5)(a) A faith-based organization which has entered
19 into a contract with an agency or political subdivision of
20 this state, or which accepts certificates, warrants, or other
21 forms of disbursement described in subsection (1), shall
22 retain its independence from state and local governments, in
23 regard to the organization's control over the definition,
24 development, practice, and expression of its religious
25 beliefs. However, nothing in this act shall be construed to
26 create an exemption from the provisions of s.24, Article I of
27 the State Constitution with respect to any faith-based
28 organization that contracts with the state to provide services
29 or that accepts certificates, warrants or other forms of
30 disbursement under any program, and the provisions of chapter
31 119 and chapter 286 shall apply as appropriate.
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 (b) An agency or any political subdivision of this
2 state shall not require a faith-based organization to alter
3 its form of internal governance or remove religious art,
4 icons, scripture, or other symbols in order to be eligible to
5 contract to provide assistance, or to accept certificates,
6 warrants, or other forms of disbursement, funded under a
7 program.
8 (6) Each agency which administers any program
9 described in this section shall prepare a plan to implement
10 this section and, no later than September 1, 2000, shall
11 submit a copy of the plan to the Governor, the President of
12 the Senate, and the Speaker of the House of Representatives.
13 (7) Any contractor or provider that has received a
14 contract to provide services under any program may continue to
15 employ faith-based organizations as subcontractors on the same
16 basis as any other nongovernmental provider.
17 (8) Any agency that contracts with a faith-based or
18 community organization shall establish and include in the
19 contract, performance standards and other accountability
20 measures for all services delivered as part of the program.
21 The performance standards shall be established on the same
22 basis as those required of any other contractor,
23 subcontractor, provider, or the state. If the agency
24 determines that it is reasonable, the standards shall include,
25 but are not limited to, standards regarding service quality,
26 client satisfaction, cost efficiency, and fiscal
27 accountability. Faith-based and community organizations must
28 be given the same reasonable opportunity to achieve the
29 established standards as any other contractor, subcontractor,
30 provider, or the state. If a faith-based or community
31 organization fails to meet the appropriate performance
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 standards, the agency awarding the contract shall take any
2 appropriate action necessary to protect the interests of the
3 state on the same basis as it would for any other contractor,
4 subcontractor, provider, or the state. Such actions may
5 include, but are not limited to, imposition of a requirement
6 for corrective action, imposition of financial sanctions,
7 notifications sent to the board of directors or other
8 governing body, or termination of the contract. Except when
9 an agency determines it is not reasonable, any agency that
10 administers any program described in this section shall
11 include in any client services contract a requirement that
12 contractors or providers prepare plans describing their
13 implementation of this section. Such plan shall include a
14 disclosure of the administrative costs associated with the
15 program or service to be provided. A failure to deliver such
16 plans, if required, may be considered by the agency as a
17 material breach of the contract that may result in
18 cancellation of the contract.
19 (9) A faith-based or community-based organization
20 shall establish a separate not-for-profit legal entity for the
21 purpose of receiving public funds and for administration,
22 record keeping, accounting and other necessary functions
23 relating to the use of such funds.
24 (10) Task force; membership; duties.--
25 (a) The "Task Force on Florida Partnerships" is hereby
26 created to serve through February 1, 2001. The task force
27 shall consist of the following members:
28 1. Five members who are affiliated with a
29 community-based or faith-based organization, to be appointed
30 by the Governor.
31 2. Two members who are affiliated with a
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 community-based or faith-based organization, to be appointed
2 by the President of the Senate.
3 3. Two members who are affiliated with a
4 community-based or faith-based organization, to be appointed
5 by the Speaker of the House of Representatives.
6 4. A representative from each of the Department of
7 Children and Family Services, the Department of Juvenile
8 Justice, the Department of Corrections, and the WAGES Board.
9 (b) The appointments shall be made no later than
10 September 1, 2000, and immediately reported to the Department
11 of Management Services.
12 (c) Each appointed member of the task force shall
13 serve at the pleasure of the appointing official. A vacancy on
14 the task force shall be immediately filled in the same manner
15 as the original appointment.
16 (d) The task force shall elect a chair from among its
17 members. A vacancy in the chair of the task force must be
18 filled for the remainder of the unexpired term by an election
19 of the task force members.
20 (e) The Department of Management Services shall
21 convene and facilitate the organizational meeting of the task
22 force on or before October 1, 2000. Thereafter, the task
23 force shall meet as necessary, at the call of the chair or at
24 the call of a quorum of the task force, and at the time and
25 place designated by the chair. Seven members of the task force
26 shall constitute a quorum and a quorum is required to conduct
27 official business of the task force. The task force shall use
28 accepted rules of procedure to conduct its meetings and shall
29 keep a complete record of each meeting.
30 (f) Members of the task force shall receive no
31 compensation for their services but shall be entitled to
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 receive from the Department of Management Services
2 reimbursement of per diem and travel expenses as provided in
3 s. 112.061, Florida Statutes.
4 (g) The Department of Management Services shall
5 provide staff for the task force.
6 (h) The task force shall review, for compliance with
7 the provisions of this act, the policies and procedures of
8 each agency of this state or agency of a political subdivision
9 of this state which administers any program. The task force
10 shall identify any barriers in the state's law, rules,
11 practices, or policies that may prevent a faith-based
12 organization from providing assistance under any program, and
13 recommend solutions to those barriers. The task force shall
14 act as an advisory body and shall make recommendations to the
15 Governor and the Legislature on a coordinated plan to carry
16 out the legislative intent of this act.
17 (i) The task force shall also evaluate the potential
18 usefulness of a statewide clearinghouse, district or regional
19 liaisons, or other mechanism that would provide information to
20 assist faith-based and other community-based organizations in
21 navigating the state procurement process and in obtaining
22 technical assistance from the appropriate agency of this
23 state, political subdivision or private organization.
24 (j) The task force shall issue a report to the
25 Legislature no later than February 1, 2001, summarizing its
26 findings, stating its conclusions, and proposing its
27 recommendations.
28 Section 2. This act shall take effect upon becoming a
29 law.
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page ,
4 remove from the title of the bill:
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6 and insert in lieu thereof:
7 An act relating to state contracts with
8 faith-based organizations; providing intent;
9 providing a definition; reaffirming certain
10 agencies' authority to contract or subcontract
11 with faith-based organizations or allow
12 faith-based organizations to accept
13 certificates, warrants, or other forms of
14 disbursement; specifying eligibility of
15 faith-based organizations; providing certain
16 protections for faith-based organizations;
17 requiring accountability for state funds;
18 providing for access to meetings and records;
19 requiring faith-based organizations to form
20 non-profit organizations; requiring certain
21 agencies to prepare implementation plans and
22 submit the plans to the Governor and the
23 Legislature; creating the Task Force on Florida
24 Partnerships; providing membership; providing
25 duties; providing for per diem and travel;
26 providing for a report; providing an effective
27 date.
28 WHEREAS, state government should engage Florida's
29 faith-based organizations to enhance care for the needy and
30 fill hollow hearts, and
31 WHEREAS, government must have qualities of the spirit,
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HOUSE AMENDMENT
Bill No. CS/HB 169
Amendment No. 01 (for drafter's use only)
1 and
2 WHEREAS, the federal Personal Responsibility and Work
3 Opportunity Reconciliation Act of 1996 specifically authorized
4 states to administer and provide services under specific
5 programs through contracts with charitable, faith-based, or
6 private organizations, and
7 WHEREAS, health care facilities operated by or
8 affiliated with faith-based organizations have been effective
9 partners in the provision of public health services for many
10 years without interfering with the religious liberties of
11 Floridians, and
12 WHEREAS, the Legislature intends to engage Florida's
13 churches, synagogues, other religious congregations, and
14 spiritual entrepreneurs to enhance care for the needy, NOW,
15 THEREFORE,
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