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