HOUSE AMENDMENT
                                                  Bill No. HB 1809   Barcode 262081
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Gottlieb and Bucher offered the following:
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13         Amendment (with title amendment) 
14         On page 29, line 1 through page 30, line 26
15  remove from the bill:  all of said lines
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17  insert:  
18         (3)  Any agency or political subdivision of this state
19  continues to have the authority to contract with faith-based
20  organizations or to allow faith-based organizations to accept
21  certificates, warrants, or other forms of disbursement under
22  any program, on the same basis as any other nongovernmental
23  provider, without impairing the religious character of such
24  organizations.  Any faith-based organization may act as a
25  subcontractor in the delivery of services under any program,
26  on the same basis as any other nongovernmental provider,
27  without impairing the religious character of such
28  organization. 
29         (4)  Each program to which this act is applicable shall
30  be operated in compliance with federal requirements applicable
31  to the particular program, and consistent with the
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    File original & 9 copies    03/29/01                          
    hap0008                     06:56 pm         01809-0101-262081

HOUSE AMENDMENT Bill No. HB 1809 Barcode 262081 Amendment No. ___ (for drafter's use only) 1 Establishment and Free Exercise Clauses of the United States 2 Constitution and s. 3, Art. I of the State Constitution. 3 (5) As a requirement for eligibility as a contractor, 4 subcontractor or provider, any faith-based organization shall 5 provide services through a non-profit corporate which is "not 6 pervasively sectarian." 7 (6) Any faith-based organization continues to be 8 eligible as a contractor or subcontractor, on the same basis 9 as any other nongovernmental organization, to provide 10 assistance or to accept certificates, warrants, or other forms 11 of disbursement under any program. Any agency of this state or 12 any political subdivision of this state receiving funds under 13 any program shall not discriminate against any organization 14 which is or applies to be a contractor to provide assistance, 15 or which accepts certificates, warrants, or other forms of 16 disbursement, on the basis that the organization has a 17 religious character. 18 (7)(a) A faith-based organization which has entered 19 into a contract with an agency or political subdivision of 20 this state, or which accepts certificates, warrants, or other 21 forms of disbursement described in subsection (1), shall 22 retain its independence from state and local governments, in 23 regard to the organization's control over the definition, 24 development, practice, and expression of its religious 25 beliefs. However, nothing in this act shall be construed to 26 create an exemption from the provisions of s.24, Article I of 27 the State Constitution with respect to any faith-based 28 organization that contracts with the state to provide services 29 or that accepts certificates, warrants or other forms of 30 disbursement under any program, and the provisions of chapter 31 119 and chapter 286 shall apply as appropriate. 2 File original & 9 copies 03/29/01 hap0008 06:56 pm 01809-0101-262081
HOUSE AMENDMENT Bill No. HB 1809 Barcode 262081 Amendment No. ___ (for drafter's use only) 1 (b) An agency or any political subdivision of this 2 state shall not require a faith-based organization to alter 3 its form of internal governance or remove religious art, 4 icons, scripture, or other symbols in order to be eligible to 5 contract to provide assistance, or to accept certificates, 6 warrants, or other forms of disbursement, funded under a 7 program. 8 (8) Each agency which administers any program 9 described in this section shall prepare a plan to implement 10 this section and, no later than September 1, 2001, shall 11 submit a copy of the plan to the Governor, the President of 12 the Senate, and the Speaker of the House of Representatives. 13 (9) Any contractor or provider that has received a 14 contract to provide services under any program may continue to 15 employ faith-based organizations as subcontractors on the same 16 basis as any other nongovernmental provider. 17 (10) Any agency that contracts with a faith-based or 18 community organization shall establish and include in the 19 contract, performance standards and other accountability 20 measures for all services delivered as part of the program. 21 The performance standards shall be established on the same 22 basis as those required of any other contractor, 23 subcontractor, provider, or the state. If the agency 24 determines that it is reasonable, the standards shall include, 25 but are not limited to, standards regarding service quality, 26 client satisfaction, cost efficiency, and fiscal 27 accountability. Faith-based and community organizations must 28 be given the same reasonable opportunity to achieve the 29 established standards as any other contractor, subcontractor, 30 provider, or the state. If a faith-based or community 31 organization fails to meet the appropriate performance 3 File original & 9 copies 03/29/01 hap0008 06:56 pm 01809-0101-262081
HOUSE AMENDMENT Bill No. HB 1809 Barcode 262081 Amendment No. ___ (for drafter's use only) 1 standards, the agency awarding the contract shall take any 2 appropriate action necessary to protect the interests of the 3 state on the same basis as it would for any other contractor, 4 subcontractor, provider, or the state. Such actions may 5 include, but are not limited to, imposition of a requirement 6 for corrective action, imposition of financial sanctions, 7 notifications sent to the board of directors or other 8 governing body, or termination of the contract. Except when 9 an agency determines it is not reasonable, any agency that 10 administers any program described in this section shall 11 include in any client services contract a requirement that 12 contractors or providers prepare plans describing their 13 implementation of this section. Such plan shall include a 14 disclosure of the administrative costs associated with the 15 program or service to be provided. A failure to deliver such 16 plans, if required, may be considered by the agency as a 17 material breach of the contract that may result in 18 cancellation of the contract. 19 (11) Any contractor or provider receiving state funds 20 shall have established a separate 501(c)(3) organization for 21 the purposes of receiving such funds and for administration, 22 record keeping, accounting and other necessary functions 23 relating to the usage of such funds. 24 (12) This section is repealed on July 1, 2002. 25 26 27 28 29 30 31 4 File original & 9 copies 03/29/01 hap0008 06:56 pm 01809-0101-262081