House Bill hb1117

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    Florida House of Representatives - 2001                HB 1117

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to state contracts with

  3         faith-based organizations; providing intent;

  4         providing a definition; authorizing certain

  5         agencies to contract or subcontract with

  6         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 under

10         certain circumstances; specifying eligibility

11         of faith-based organizations; providing certain

12         protections for faith-based organizations;

13         requiring certain agencies to prepare

14         implementation plans and submit the plans to

15         the Governor and the Legislature; creating the

16         Task Force on Florida Partnerships; providing

17         membership; providing duties; providing for per

18         diem and travel; providing for a report;

19         providing an effective date.

20

21         WHEREAS, state government should engage Florida's

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

23  fill hollow hearts, and

24         WHEREAS, government must have qualities of the spirit,

25  and

26         WHEREAS, the federal Personal Responsibility and Work

27  Opportunity Reconciliation Act of 1996 specifically authorized

28  states to administer and provide services under specific

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

30  private organizations, and

31

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    Florida House of Representatives - 2001                HB 1117

    577-133F-01






  1         WHEREAS, health care facilities operated by or

  2  affiliated with faith-based organizations have been effective

  3  partners in the provision of public health services for many

  4  years 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 its citizens receive important

18  benefits.  Further, the Legislature recognizes that

19  faith-based organizations have been particularly important to

20  and effective in the delivery of essential services to

21  Florida's most vulnerable and needy citizens, both on a

22  contract and voluntary basis, and that without such support

23  many citizens would experience a much poorer quality of life.

24  It is the Legislature's intent that neither state agencies nor

25  political subdivisions of the state, either by action or

26  inaction, impair such contributions to the common good, and

27  that neither the state nor any of its agencies or political

28  subdivisions be permitted to express hostility toward the free

29  exercise of religious liberties by Floridians.  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 House of Representatives - 2001                HB 1117

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  1  faith-based organizations to work collaboratively in the

  2  delivery of services to Florida's citizens, consistent with

  3  Florida and federal constitutional law.

  4         Section 2.  (1)  For purposes of this act, "program"

  5  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 such organizations.  Any

24  faith-based organization may act as a subcontractor in the

25  delivery of services under any program, on the same basis as

26  any other nongovernmental provider, without impairing the

27  religious character of such organization.  Each program to

28  which this act is applicable shall be operated in compliance

29  with federal requirements applicable to the particular

30  program, and consistent with the Establishment Clause of the

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    Florida House of Representatives - 2001                HB 1117

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  1  United States Constitution and s. 3, Art. 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 which is or

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

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 which has entered

15  into a contract with an agency or political subdivision of

16  this state, or which 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 such 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 shall not require a faith-based organization to alter

24  its form of internal governance or remove religious art,

25  icons, 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 which administers any program

30  described in this section shall prepare a plan to implement

31  this section and, no later than September 1, 2001, shall

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    Florida House of Representatives - 2001                HB 1117

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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)  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 that may result in cancellation of the contract.

13         (7)  Task force; membership; duties.--

14         (a)  The "Task Force on Florida Partnerships" is hereby

15  created to serve through February 1, 2002. The task force

16  shall consist of the following members:

17         1.  Five members who are affiliated with a

18  community-based or faith-based organization, to be appointed

19  by the Governor.

20         2.  Two members who are affiliated with a

21  community-based or faith-based organization, to be appointed

22  by the President of the Senate.

23         3.  Two members who are affiliated with a

24  community-based or faith-based organization, to be appointed

25  by the Speaker of the House of Representatives.

26         4.  A representative from each of the Department of

27  Children and Family Services, the Department of Juvenile

28  Justice, the Department of Corrections, and the WAGES Board.

29         (b)  The appointments shall be made no later than

30  September 1, 2001, and immediately reported to the Department

31  of Management Services.

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    Florida House of Representatives - 2001                HB 1117

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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, 2001.  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. Seven members of the task force

15  shall constitute a quorum and a quorum is required to conduct

16  official business of the task force. The task force shall use

17  accepted rules of procedure to conduct its meetings and shall

18  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, Florida Statutes.

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 the state's law, rules, or

31  policies that may prevent a faith-based organization from

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    Florida House of Representatives - 2001                HB 1117

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  1  providing assistance under any program, and recommend

  2  solutions to those barriers.  The task force shall act as an

  3  advisory body and shall make recommendations to the Governor

  4  and the Legislature on a coordinated plan to carry out the

  5  legislative intent of 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, 2002, 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.

17

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

19                          HOUSE SUMMARY

20
      Authorizes state agencies to contract with faith-based
21    organizations, or to allow faith-based organizations to
      accept certificates, warrants, or other forms of
22    disbursement, under federal programs funded or
      established for temporary assistance for needy families
23    or supplemental security income by the Personal
      Responsibility and Work Opportunity Reconciliation Act of
24    1996, on the same basis as other nongovernmental
      providers without impairing the faith-based character of
25    such organizations, and without diminishing the freedom
      of faith of beneficiaries of assistance funded under such
26    programs. Requires agencies administering such programs
      to prepare a plan to implement the act and submit a copy
27    of the plan to the Governor and the Legislature.
      Establishes the Task Force on Florida Partnerships.
28

29

30

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