| 1 | The Health & Families Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Florida Faith-based and Community- |
| 7 | based Advisory Board; creating s. 14.31, F.S.; providing |
| 8 | legislative findings and intent; creating the Florida |
| 9 | Faith-based and Community-based Advisory Board within the |
| 10 | Executive Office of the Governor for certain purposes; |
| 11 | providing for board membership; providing for terms of |
| 12 | members; providing for successor appointments; providing |
| 13 | for meetings and organization of the board; specifying |
| 14 | serving without compensation; providing for per diem and |
| 15 | travel expenses; specifying required activities of the |
| 16 | board; specifying restricted activities; requiring a |
| 17 | report to the Governor and Legislature; providing for |
| 18 | future repeal and abolition of the board; providing an |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 14.31, Florida Statutes, is created to |
| 24 | read: |
| 25 | 14.31 Florida Faith-based and Community-based Advisory |
| 26 | Board.-- |
| 27 | (1) LEGISLATIVE FINDINGS.--The Legislature finds that: |
| 28 | (a) Compassionate groups of individuals have selflessly |
| 29 | aided this state in serving our most vulnerable citizens and our |
| 30 | most debilitated neighborhoods. |
| 31 | (b) Inspired by faith and civic commitment, these |
| 32 | organizations have accomplished much in changing the lives of |
| 33 | thousands and resurrecting neighborhoods torn by the strife of |
| 34 | crime and poverty. |
| 35 | (c) Many beneficial opportunities may be lost if faith- |
| 36 | based and community-based groups are not aware of opportunities |
| 37 | to participate with government entities in serving the citizens |
| 38 | of this state or are not equipped to participate on a level |
| 39 | playing field, to the full extent permitted by law, in |
| 40 | partnering or contracting with government entities for the |
| 41 | delivery of services pursuant to a valid governmental purpose. |
| 42 | (d) A fee-for-service or value-for-value contract with a |
| 43 | faith-based or community-based organization in pursuit of a |
| 44 | valid governmental purpose primarily aids taxpayers, not the |
| 45 | organization, and a public program of general eligibility with a |
| 46 | secular purpose in which faith-based or community-based |
| 47 | organizations participate on a neutral basis is consistent with |
| 48 | the First Amendment to the United States Constitution and s. 3, |
| 49 | Art. I of the State Constitution. |
| 50 | (e) Government may not advance or inhibit religious |
| 51 | expression or endorse any particular type of religion over |
| 52 | nonreligion but must not discriminate against the provision of |
| 53 | services by faith-based or community-based providers who are |
| 54 | otherwise qualified to provide services. |
| 55 | (f) Volunteer Florida Foundation, Inc., is a nonprofit |
| 56 | direct support organization equipped to assist in securing |
| 57 | training, technical assistance, and other support needed to |
| 58 | accomplish the intent and purposes of this act. |
| 59 | (2) LEGISLATIVE INTENT.--It is therefore the intent of the |
| 60 | Legislature to recognize the contributions of faith-based and |
| 61 | community-based organizations and to encourage opportunities for |
| 62 | such organizations to partner with government entities to |
| 63 | deliver services more effectively. The Legislature further |
| 64 | intends that the purpose of the board is to advise the Governor |
| 65 | and the Legislature on policies, priorities, and objectives for |
| 66 | the state's comprehensive effort to enlist, equip, enable, |
| 67 | empower, and expand the work of faith-based, volunteer, and |
| 68 | other community organizations to the full extent permitted by |
| 69 | law. |
| 70 | (3) ESTABLISHMENT OF THE BOARD.-- |
| 71 | (a) The Florida Faith-based and Community-based Advisory |
| 72 | Board is established and assigned to the Executive Office of the |
| 73 | Governor. The board shall be administratively housed within the |
| 74 | Executive Office of the Governor. |
| 75 | (b) The board shall consist of 25 members. Board members |
| 76 | may include, but shall not be limited to, representatives from |
| 77 | various faiths, faith-based organizations, community-based |
| 78 | organizations, foundations, corporations, and municipalities. |
| 79 | (c) The board shall be composed of the following members: |
| 80 | 1. Seventeen members appointed by and serving at the |
| 81 | pleasure of the Governor. |
| 82 | 2. Four members appointed by and serving at the pleasure |
| 83 | of the President of the Senate. |
| 84 | 3. Four members appointed by and serving at the pleasure |
| 85 | of the Speaker of the House of Representatives. |
| 86 | (d) Board members shall serve 4-year terms, except that |
| 87 | the initial terms shall be staggered: |
| 88 | 1. The Governor shall appoint six members for a term of 3 |
| 89 | years, six members for a term of 2 years, and five members for a |
| 90 | term of 1 year. |
| 91 | 2. The President of the Senate shall appoint two members |
| 92 | for a term of 3 years and two members for a term of 2 years. |
| 93 | 3. The Speaker of the House of Representatives shall |
| 94 | appoint two members for a term of 3 years and two members for a |
| 95 | term of 2 years. |
| 96 | (e) A vacancy shall be filled by appointment by the |
| 97 | original appointing authority for the unexpired portion of the |
| 98 | term. |
| 99 | (4) MEETINGS; ORGANIZATION.-- |
| 100 | (a) The first meeting of the board shall be held no later |
| 101 | than August 1, 2005. Thereafter, the board shall meet at least |
| 102 | once per quarter per calendar year. Meetings may be held via |
| 103 | teleconference or other electronic means. The board shall work |
| 104 | in partnership with the Volunteer Florida Foundation, Inc., in |
| 105 | noticing and coordinating all meetings of the board. |
| 106 | (b) The board shall annually elect from its membership one |
| 107 | member to serve as chair of the board and one member to serve as |
| 108 | vice chair. |
| 109 | (c) Thirteen members of the board shall constitute a |
| 110 | quorum. |
| 111 | (d) Members of the board shall serve without compensation |
| 112 | but may be reimbursed for per diem and travel expenses pursuant |
| 113 | to s. 112.061. |
| 114 | (5) SCOPE OF ACTIVITIES.--The board shall determine: |
| 115 | (a) How government may deliver state services with a valid |
| 116 | governmental purpose on a neutral basis without regard to the |
| 117 | religious or secular perspective of faith-based and community- |
| 118 | based organizations. |
| 119 | (b) How best to develop and coordinate activities of |
| 120 | faith-based and other community-based programs and initiatives, |
| 121 | enhance such efforts in communities, and seek such resources, |
| 122 | legislation, and regulatory relief as may be necessary to |
| 123 | accomplish these objectives. |
| 124 | (c) How best to ensure that state policy decisions take |
| 125 | into account the capacity of faith-based and other community- |
| 126 | based initiatives to assist in the achievement of state |
| 127 | priorities. |
| 128 | (d) How best to identify and promote best practices across |
| 129 | state government relating to the delivery of services by faith- |
| 130 | based and other community-based organizations. |
| 131 | (e) How best to coordinate public awareness of faith-based |
| 132 | and community nonprofit initiatives, such as demonstration pilot |
| 133 | programs or projects, public-private partnerships, volunteerism, |
| 134 | and special projects. |
| 135 | (f) How best to encourage private charitable giving to |
| 136 | support faith-based and community-based initiatives. |
| 137 | (g) How best to bring concerns, ideas, and policy options |
| 138 | to the Governor and Legislature for assisting, strengthening, |
| 139 | and replicating successful faith-based and other community-based |
| 140 | programs. |
| 141 | (h) How best to develop and implement strategic |
| 142 | initiatives to strengthen the institutions of families and |
| 143 | communities in this state. |
| 144 | (i) How best to showcase and herald innovative grassroots |
| 145 | nonprofit organizations and civic initiatives. |
| 146 | (j) How best to eliminate unnecessary legislative, |
| 147 | regulatory, and other bureaucratic barriers that impede |
| 148 | effective faith-based and other community-based efforts to |
| 149 | address social problems. |
| 150 | (k) How best to monitor implementation of state policy |
| 151 | affecting faith-based and other community-based organizations. |
| 152 | (l) How best to ensure that the efforts of faith-based and |
| 153 | other community-based organizations meet objective criteria for |
| 154 | performance and accountability. |
| 155 | (6) RESTRICTED ACTIVITIES.--The board shall not recommend |
| 156 | any public program that conflicts with the Establishment Clause |
| 157 | of the First Amendment to the United States Constitution or s. |
| 158 | 3, Art. I of the State Constitution. |
| 159 | (7) REPORT.--By February 1 of each year, the board shall |
| 160 | prepare a written report for the Governor, the President of the |
| 161 | Senate, and the Speaker of the House of Representatives |
| 162 | containing an accounting of its activities and recommended |
| 163 | policies, priorities, and objectives for the state's |
| 164 | comprehensive effort to enlist, equip, enable, empower, and |
| 165 | expand the work of faith-based, volunteer, and other community- |
| 166 | based organizations to the full extent permitted by law. |
| 167 | (8) REPEAL AND ABOLITION.--This section is repealed and |
| 168 | the board is abolished June 30, 2010, unless reviewed and saved |
| 169 | from repeal by the Legislature. |
| 170 | Section 2. This act shall take effect July 1, 2005. |