Florida Senate - 2013                                    SB 1332
       
       
       
       By Senator Hays
       
       
       
       
       11-01225A-13                                          20131332__
    1                        A bill to be entitled                      
    2         An act relating to reemployment assistance; amending
    3         s. 443.1216, F.S.; defining the term “an organization
    4         that is operated primarily for religious purposes”;
    5         requiring the Department of Economic Opportunity to
    6         adopt procedural rules governing the application and
    7         review of organization requests for classification as
    8         an organization that is operated primarily for
    9         religious purposes; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (4) of section
   14  443.1216, Florida Statutes, is amended to read:
   15         443.1216 Employment.—Employment, as defined in s. 443.036,
   16  is subject to this chapter under the following conditions:
   17         (4) For purposes of subsections (2) and (3), the employment
   18  subject to this chapter does not apply to service performed:
   19         (a) In the employ of:
   20         1. A church or a convention or association of churches.
   21         2. An organization that is operated primarily for religious
   22  purposes and that is operated, supervised, controlled, or
   23  principally supported by a church or a convention or association
   24  of churches.
   25         a. “An organization that is operated primarily for
   26  religious purposes” includes, but is not limited to:
   27         (I) An institution whose governing body is elected or
   28  appointed by church officials, requires its faculty to affirm
   29  belief in a common religious faith consistent with that of the
   30  governing body, and whose governing body requires religious
   31  instruction as a component of the institution’s regular
   32  curriculum, including, but not limited to, a preschool, child
   33  care facility, or school with students in any of grades
   34  kindergarten through grade 12.
   35         (II) An organization for which the inculcation of religious
   36  values is a regular part of its activities and that primarily
   37  employs persons who affirm belief in a common religious faith
   38  consistent with that of the organization.
   39         b. The Department of Economic Opportunity shall adopt
   40  procedural rules governing the application and review of
   41  organization requests to affirm exemption from covered
   42  employment as an organization that operates primarily for
   43  religious purposes and that is operated, supervised, controlled,
   44  or principally supported by a church or a convention or
   45  association of churches for purposes of this subparagraph. The
   46  rules shall require the department to determine whether
   47  employment subject to this chapter applies to the services
   48  performed in the employ of the organization. The rules must
   49  provide that the department’s determination is binding on the
   50  department and applicant until and unless the facts change such
   51  that they are substantially different from the facts in the
   52  application. The rules must provide for administrative appeal by
   53  an applicant of an unfavorable determination and shall permit
   54  civil action by an applicant to contest an unfavorable
   55  determination. A determination is not required to establish that
   56  employment subject to this chapter does not apply to the
   57  services performed in the employ of an organization.
   58         Section 2. This act shall take effect July 1, 2013.