HB 1373CS


1The Health & Families Council recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to the Florida Faith-based and Community-
7based Advisory Board; creating s. 14.31, F.S.; providing
8legislative findings and intent; creating the Florida
9Faith-based and Community-based Advisory Board within the
10Executive Office of the Governor for certain purposes;
11providing for board membership; providing for terms of
12members; providing for successor appointments; providing
13for meetings and organization of the board; specifying
14serving without compensation; providing for per diem and
15travel expenses; specifying required activities of the
16board; specifying restricted activities; requiring a
17report to the Governor and Legislature; providing for
18future repeal and abolition of the board; providing an
19effective date.
21Be It Enacted by the Legislature of the State of Florida:
23     Section 1.  Section 14.31, Florida Statutes, is created to
25     14.31  Florida Faith-based and Community-based Advisory
27     (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:
28     (a)  Compassionate groups of individuals have selflessly
29aided this state in serving our most vulnerable citizens and our
30most debilitated neighborhoods.
31     (b)  Inspired by faith and civic commitment, these
32organizations have accomplished much in changing the lives of
33thousands and resurrecting neighborhoods torn by the strife of
34crime and poverty.
35     (c)  Many beneficial opportunities may be lost if faith-
36based and community-based groups are not aware of opportunities
37to participate with government entities in serving the citizens
38of this state or are not equipped to participate on a level
39playing field, to the full extent permitted by law, in
40partnering or contracting with government entities for the
41delivery of services pursuant to a valid governmental purpose.
42     (d)  A fee-for-service or value-for-value contract with a
43faith-based or community-based organization in pursuit of a
44valid governmental purpose primarily aids taxpayers, not the
45organization, and a public program of general eligibility with a
46secular purpose in which faith-based or community-based
47organizations participate on a neutral basis is consistent with
48the First Amendment to the United States Constitution and s. 3,
49Art. I of the State Constitution.
50     (e)  Government may not advance or inhibit religious
51expression or endorse any particular type of religion over
52nonreligion but must not discriminate against the provision of
53services by faith-based or community-based providers who are
54otherwise qualified to provide services.
55     (f)  Volunteer Florida Foundation, Inc., is a nonprofit
56direct support organization equipped to assist in securing
57training, technical assistance, and other support needed to
58accomplish the intent and purposes of this act.
59     (2)  LEGISLATIVE INTENT.--It is therefore the intent of the
60Legislature to recognize the contributions of faith-based and
61community-based organizations and to encourage opportunities for
62such organizations to partner with government entities to
63deliver services more effectively. The Legislature further
64intends that the purpose of the board is to advise the Governor
65and the Legislature on policies, priorities, and objectives for
66the state's comprehensive effort to enlist, equip, enable,
67empower, and expand the work of faith-based, volunteer, and
68other community organizations to the full extent permitted by
71     (a)  The Florida Faith-based and Community-based Advisory
72Board is established and assigned to the Executive Office of the
73Governor. The board shall be administratively housed within the
74Executive Office of the Governor.
75     (b)  The board shall consist of 25 members. Board members
76may include, but shall not be limited to, representatives from
77various faiths, faith-based organizations, community-based
78organizations, 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
81pleasure of the Governor.
82     2.  Four members appointed by and serving at the pleasure
83of the President of the Senate.
84     3.  Four members appointed by and serving at the pleasure
85of the Speaker of the House of Representatives.
86     (d)  Board members shall serve 4-year terms, except that
87the initial terms shall be staggered:
88     1.  The Governor shall appoint six members for a term of 3
89years, six members for a term of 2 years, and five members for a
90term of 1 year.
91     2.  The President of the Senate shall appoint two members
92for a term of 3 years and two members for a term of 2 years.
93     3.  The Speaker of the House of Representatives shall
94appoint two members for a term of 3 years and two members for a
95term of 2 years.
96     (e)  A vacancy shall be filled by appointment by the
97original appointing authority for the unexpired portion of the
100     (a)  The first meeting of the board shall be held no later
101than August 1, 2005. Thereafter, the board shall meet at least
102once per quarter per calendar year. Meetings may be held via
103teleconference or other electronic means. The board shall work
104in partnership with the Volunteer Florida Foundation, Inc., in
105noticing and coordinating all meetings of the board.
106     (b)  The board shall annually elect from its membership one
107member to serve as chair of the board and one member to serve as
108vice chair.
109     (c)  Thirteen members of the board shall constitute a
111     (d)  Members of the board shall serve without compensation
112but may be reimbursed for per diem and travel expenses pursuant
113to s. 112.061.
114     (5)  SCOPE OF ACTIVITIES.--The board shall determine:
115     (a)  How government may deliver state services with a valid
116governmental purpose on a neutral basis without regard to the
117religious or secular perspective of faith-based and community-
118based organizations.
119     (b)  How best to develop and coordinate activities of
120faith-based and other community-based programs and initiatives,
121enhance such efforts in communities, and seek such resources,
122legislation, and regulatory relief as may be necessary to
123accomplish these objectives.
124     (c)  How best to ensure that state policy decisions take
125into account the capacity of faith-based and other community-
126based initiatives to assist in the achievement of state
128     (d)  How best to identify and promote best practices across
129state government relating to the delivery of services by faith-
130based and other community-based organizations.
131     (e)  How best to coordinate public awareness of faith-based
132and community nonprofit initiatives, such as demonstration pilot
133programs or projects, public-private partnerships, volunteerism,
134and special projects.
135     (f)  How best to encourage private charitable giving to
136support faith-based and community-based initiatives.
137     (g)  How best to bring concerns, ideas, and policy options
138to the Governor and Legislature for assisting, strengthening,
139and replicating successful faith-based and other community-based
141     (h)  How best to develop and implement strategic
142initiatives to strengthen the institutions of families and
143communities in this state.
144     (i)  How best to showcase and herald innovative grassroots
145nonprofit organizations and civic initiatives.
146     (j)  How best to eliminate unnecessary legislative,
147regulatory, and other bureaucratic barriers that impede
148effective faith-based and other community-based efforts to
149address social problems.
150     (k)  How best to monitor implementation of state policy
151affecting faith-based and other community-based organizations.
152     (l)  How best to ensure that the efforts of faith-based and
153other community-based organizations meet objective criteria for
154performance and accountability.
155     (6)  RESTRICTED ACTIVITIES.--The board shall not recommend
156any public program that conflicts with the Establishment Clause
157of the First Amendment to the United States Constitution or s.
1583, Art. I of the State Constitution.
159     (7)  REPORT.--By February 1 of each year, the board shall
160prepare a written report for the Governor, the President of the
161Senate, and the Speaker of the House of Representatives
162containing an accounting of its activities and recommended
163policies, priorities, and objectives for the state's
164comprehensive effort to enlist, equip, enable, empower, and
165expand the work of faith-based, volunteer, and other community-
166based organizations to the full extent permitted by law.
167     (8)  REPEAL AND ABOLITION.--This section is repealed and
168the board is abolished June 30, 2010, unless reviewed and saved
169from repeal by the Legislature.
170     Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.