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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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.
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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
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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.
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hap0008 06:56 pm 01809-0101-262081