HB 1373

1
A bill to be entitled
2An act relating to the Florida Faith-based and Community-
3based Advisory Board; creating s. 14.31, F.S.; providing
4legislative findings and intent; creating the Florida
5Faith-based and Community-based Advisory Board within the
6Executive Office of the Governor for certain purposes;
7providing for board membership; providing for terms of
8members; providing for successor appointments; providing
9for meetings and organization of the board; specifying
10serving without compensation; providing for per diem and
11travel expenses; specifying required activities of the
12board; specifying restricted activities; requiring a
13report to the Governor and Legislature; providing for
14future repeal and abolition of the board; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 14.31, Florida Statutes, is created to
20read:
21     14.31  Florida Faith-based and Community-based Advisory
22Board.--
23     (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:
24     (a)  Compassionate groups of individuals have selflessly
25aided this state in serving our most vulnerable citizens and our
26most debilitated neighborhoods.
27     (b)  Inspired by faith and civic commitment, these
28organizations have accomplished much in changing the lives of
29thousands and resurrecting neighborhoods torn by the strife of
30crime and poverty.
31     (c)  Many beneficial opportunities may be lost if faith-
32based and community-based groups are not aware of opportunities
33to participate with government entities in serving the citizens
34of this state or are not equipped to participate on a level
35playing field, to the full extent permitted by law, in
36partnering or contracting with government entities for the
37delivery of services pursuant to a valid governmental purpose.
38     (d)  A fee-for-service or value-for-value contract with a
39faith-based or community-based organization in pursuit of a
40valid governmental purpose primarily aids taxpayers, not the
41organization, and a public program of general eligibility with a
42secular purpose in which faith-based or community-based
43organizations participate on a neutral basis is consistent with
44the First Amendment to the United States Constitution and s. 3,
45Art. I of the State Constitution.
46     (e)  Government may not advance or inhibit religious
47expression or endorse any particular type of religion over
48nonreligion but must not discriminate against the provision of
49services by faith-based or community-based providers who are
50otherwise qualified to provide services.
51     (f)  Volunteer Florida Foundation, Inc., is a nonprofit
52direct support organization equipped to assist in securing
53training, technical assistance, and other support needed to
54accomplish the intent and purposes of this act.
55     (2)  LEGISLATIVE INTENT.--It is therefore the intent of the
56Legislature to recognize the contributions of faith-based and
57community-based organizations and to encourage opportunities for
58such organizations to partner with government entities to
59deliver services more effectively. The Legislature further
60intends that the purpose of the board is to advise the Governor
61and the Legislature on policies, priorities, and objectives for
62the state's comprehensive effort to enlist, equip, enable,
63empower, and expand the work of faith-based, volunteer, and
64other community organizations to the full extent permitted by
65law.
66     (3)  ESTABLISHMENT OF THE BOARD.--
67     (a)  The Florida Faith-based and Community-based Advisory
68Board is established and assigned to the Executive Office of the
69Governor. The board shall be administratively housed within the
70Executive Office of the Governor.
71     (b)  The board shall consist of 25 members. Board members
72may include, but shall not be limited to, representatives from
73various faiths, faith-based organizations, community-based
74organizations, 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
77pleasure of the Governor.
78     2.  Four members appointed by and serving at the pleasure
79of the President of the Senate.
80     3.  Four members appointed by and serving at the pleasure
81of the Speaker of the House of Representatives.
82     (d)  Board members shall serve 4-year terms, except that
83the initial terms shall be staggered:
84     1.  The Governor shall appoint six members for a term of 3
85years, six members for a term of 2 years, and five members for a
86term of 1 year.
87     2.  The President of the Senate shall appoint two members
88for a term of 3 years and two members for a term of 2 years.
89     3.  The Speaker of the House of Representatives shall
90appoint two members for a term of 3 years and two members for a
91term of 2 years.
92     (e)  A vacancy shall be filled by appointment by the
93original appointing authority for the unexpired portion of the
94term.
95     (4)  MEETINGS; ORGANIZATION.--
96     (a)  The first meeting of the board shall be held no later
97than August 1, 2005. Thereafter, the board shall meet at least
98once per quarter per calendar year. Meetings may be held via
99teleconference or other electronic means. The board shall work
100in partnership with the Volunteer Florida Foundation, Inc., in
101noticing and coordinating all meetings of the board.
102     (b)  The board shall annually elect from its membership one
103member to serve as chair of the board and one member to serve as
104vice chair.
105     (c)  Thirteen members of the board shall constitute a
106quorum.
107     (d)  Members of the board shall serve without compensation
108but may be reimbursed for per diem and travel expenses pursuant
109to s. 112.061.
110     (5)  SCOPE OF ACTIVITIES.--The board shall determine:
111     (a)  How government may deliver state services with a valid
112governmental purpose on a neutral basis without regard to the
113religious or secular perspective of faith-based and community-
114based organizations.
115     (b)  How best to develop and coordinate activities of
116faith-based and other community-based programs and initiatives,
117enhance such efforts in communities, and seek such resources,
118legislation, and regulatory relief as may be necessary to
119accomplish these objectives.
120     (c)  How best to ensure that state policy decisions take
121into account the capacity of faith-based and other community-
122based initiatives to assist in the achievement of state
123priorities.
124     (d)  How best to identify and promote best practices across
125state government relating to the delivery of services by faith-
126based and other community-based organizations.
127     (e)  How best to coordinate public awareness of faith-based
128and community nonprofit initiatives, such as demonstration pilot
129programs or projects, public-private partnerships, volunteerism,
130and special projects.
131     (f)  How best to encourage private charitable giving to
132support faith-based and community-based initiatives.
133     (g)  How best to bring concerns, ideas, and policy options
134to the Governor and Legislature for assisting, strengthening,
135and replicating successful faith-based and other community-based
136programs.
137     (h)  How best to develop and implement strategic
138initiatives to strengthen the institutions of families and
139communities in this state.
140     (i)  How best to showcase and herald innovative grassroots
141nonprofit organizations and civic initiatives.
142     (j)  How best to eliminate unnecessary legislative,
143regulatory, and other bureaucratic barriers that impede
144effective faith-based and other community-based efforts to
145address social problems.
146     (k)  How best to monitor implementation of state policy
147affecting faith-based and other community-based organizations.
148     (l)  How best to ensure that the efforts of faith-based and
149other community-based organizations meet objective criteria for
150performance and accountability.
151     (6)  RESTRICTED ACTIVITIES.--The board shall not recommend
152any public program that conflicts with the Establishment Clause
153of the First Amendment to the United States Constitution or s.
1543, Art. I of the State Constitution.
155     (7)  REPORT.--By February 1 of each year, the board shall
156prepare a written report for the Governor, the President of the
157Senate, and the Speaker of the House of Representatives
158containing an accounting of its activities and recommended
159policies, priorities, and objectives for the state's
160comprehensive effort to enlist, equip, enable, empower, and
161expand the work of faith-based, volunteer, and other community-
162based organizations to the full extent permitted by law.
163     (8)  REPEAL AND ABOLITION.--This section is repealed and
164the board is abolished June 30, 2010, unless reviewed and saved
165from repeal by the Legislature.
166     Section 2.  This act shall take effect July 1, 2005.


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