House Bill 0169

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    Florida House of Representatives - 2000                 HB 169

        By Representative Byrd






  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, warrants,

  8         or other forms of disbursement under certain

  9         programs; specifying eligibility of religious

10         organizations; providing certain protections

11         for religious organizations; requiring certain

12         agencies to prepare implementation plans and

13         submit the plans to the Governor and the

14         Legislature; creating the Religious

15         Organization Contractor Implementation Task

16         Force; providing membership; providing duties;

17         providing for a report; providing an effective

18         date.

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20         WHEREAS, state government should engage Florida's

21  religious organizations to enhance care for the needy and fill

22  hollow hearts, and

23         WHEREAS, government must have qualities of the spirit,

24  and

25         WHEREAS, the federal Personal Responsibility and Work

26  Opportunity Reconciliation Act of 1996 specifically authorized

27  states to administer and provide services under specific

28  programs through contracts with charitable, religious, or

29  private organizations, and

30         WHEREAS, health care facilities operated by or

31  affiliated with religious organizations have been effective

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    Florida House of Representatives - 2000                 HB 169

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  1  partners in the provision of public health services for many

  2  years without interfering with the religious liberties of

  3  Floridians, and

  4         WHEREAS, the Legislature intends to engage Florida's

  5  churches, synagogues, other religious congregations, and

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

  7  THEREFORE,

  8

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

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

12  means:

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

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

15  Title I of the Personal Responsibility and Work Opportunity

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

17         (b)  Any other program established or modified under

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

19  Opportunity Reconciliation Act of 1996 that permits contracts

20  with organizations or permits certificates, warrants, or other

21  forms of disbursement to be provided to beneficiaries as a

22  means of providing assistance.

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

24  provides direct assistance to individuals or families.

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

26  of this state may contract with religious organizations or

27  allow religious organizations to accept certificates,

28  warrants, or other forms of disbursement under any program, on

29  the same basis as any other nongovernmental provider without

30  impairing the religious character of such organizations. Each

31  program to which this act is applicable shall be operated in

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    Florida House of Representatives - 2000                 HB 169

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  1  compliance with federal requirements applicable to the

  2  particular program.

  3         (3)  Any religious organization is eligible as a

  4  contractor, on the same basis as any other nongovernmental

  5  organization, to provide assistance or to accept certificates,

  6  warrants, or other forms of disbursement under any program.

  7  Any agency of this state or any political subdivision of this

  8  state receiving funds under any program shall not discriminate

  9  against any organization which is or applies to be a

10  contractor to provide assistance, or which accepts

11  certificates, warrants, or other forms of disbursement, on the

12  basis that the organization has a religious character.

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

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

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

16  certificates, warrants, or other forms of disbursement

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

18  from state and local governments, including such

19  organization's control over the definition, development,

20  practice, and expression of its religious beliefs.

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

22  subdivision of this state shall not require a religious

23  organization to alter its form of internal governance or

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

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

26  accept certificates, warrants, or other forms of disbursement,

27  funded under a program.

28         (5)  Each agency which administers any program

29  described in this section shall prepare a plan to implement

30  this section and, no later than September 1, 2000, shall

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    Florida House of Representatives - 2000                 HB 169

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

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

  3         (6)  Task force; membership; duties.--

  4         (a)  The "Religious Organization Contractor

  5  Implementation Task Force" is hereby created to serve through

  6  February 1, 2001. The task force shall consist of the

  7  following members:

  8         1.  Two members to be appointed by the Governor.

  9         2.  Two members of the Senate, or their designees, to

10  be appointed by the President of the Senate.

11         3.  Two members of the House of Representatives, or

12  their designees, to be appointed by the Speaker of the House

13  of Representatives.

14         4.  The Auditor General or his or her designee.

15         5.  The Comptroller or the Comptroller's designee.

16         6.  The Secretary of Management Services or the

17  secretary's designee.

18         7.  A representative from each of the Agency for Health

19  Care Administration, the Department of Children and Family

20  Services, the Department of Corrections, the Department of

21  Elderly Affairs, the Department of Health, the Department of

22  Juvenile Justice, and the Department of Labor and Employment

23  Security.

24         (b)  Each appointed member of the task force shall

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

26  the task force shall be filled in the same manner as the

27  original appointment.

28         (c)  The task force shall elect a chair from among its

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

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

31  of the task force members.

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    Florida House of Representatives - 2000                 HB 169

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  1         (d)  The task force shall meet as necessary, at the

  2  call of the chair or at the call of a quorum of the task

  3  force, and at the time and place designated by the chair. A

  4  quorum is necessary for the purpose of conducting official

  5  business of the task force. Six members of the task force

  6  shall constitute a quorum. The task force shall use accepted

  7  rules of procedure to conduct its meetings and shall keep a

  8  complete record of each meeting.

  9         (e)  Members of the task force shall receive no

10  compensation for their services, but shall be entitled to

11  receive per diem and travel expenses as provided in s.

12  112.061, Florida Statutes.

13         (f)  The task force shall review, for compliance with

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

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

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

17  shall act as an advisory body and shall make recommendations

18  to the Governor and the Legislature on a coordinated plan to

19  carry out the legislative intent of this act.

20         (g)  The task force shall issue a report to the

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

22  findings, stating its conclusions, and proposing its

23  recommendations.

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

25  law.

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    Florida House of Representatives - 2000                 HB 169

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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, warrants, 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.
      Establishes the Religious Organization Contractor
11    Implementation Task Force.

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