CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5546, 2010 WL 1658788
...inal judgment on the pleadings on their amended petition seeking to have the trial court prohibit, on state constitutional grounds, appellee Walter A. McNeil, as Secretary of the Department of Corrections, from using State funds pursuant to sections 944.473 and 944.4731, Florida Statutes (2007), to support the faith-based substance abuse transitional housing programs of appellees Prisoners of Christ, Inc....
...[1] Count II challenged the contracts which were entered into with these faith-based institutions under the same constitutional provision. Count III sought to bar the secretary from delegating government authority and powers to chaplains pursuant to section 944.4731(6)(a), which requires that, prior to placement of an *116 offender in a faith-based substance abuse transitional housing program, a transition assistant specialist must consult with a chaplain if an inmate requests and is approved for placement....
...The trial court entered a final judgment on the pleadings in favor of appellees on all counts. As to Count I, we reverse the order under review because the trial court erred in ruling that the no-aid provision was limited to the school context and, thus, did not apply to sections 944.473 and 944.4731....
...God works in partnership with the Church in the Woods at Freedom Ranch, a Christian church operated by John Glenn, founder of Alpha Ministries, which appellants allege is an explicitly Christian organization. Finally, appellants allege that sections 944.473 and 944.4731 authorize the "payment of funds from the public coffers" to these "sectarian institutions" in violation of Article I, section 3. Section 944.473(2)(a) requires inmates who meet certain criteria to "participate in substance abuse program services when such services are available." Section 944.473(2)(c) provides that "[w]hen selecting contract providers to administer substance abuse treatment programs, the department shall make every effort to *117 consider qualified faith-based service groups on an equal basis with other private organizations." Section 944.4731(3)(a) adds that "contingent upon funding, the department shall enter into contracts with multiple providers who are private organizations, including faith-based service groups, to operate substance abuse transition housing programs. . ." Section 944.4731(3)(b) requires that the department "ensure that an offender's faith orientation, or lack thereof, will not be considered in determining admission to a faith-based program and that the program does not attempt to convert an offender t...
...e of the school context, it utilized an Establishment Clause [2] analysis to conclude that the subject program in this case and the contracts entered into pursuant to that program are not unconstitutional. The trial court found that, the language in section 944.473(2)(c), which directs DOC to consider faith-based service groups on an equal basis with other private organizations, was merely an expression of a nondiscrimination policy that would prevent the state from excluding groups based on *119 religion....
...ional program that includes a faith-based component resulting in spiritual renewal" and that "the spiritual renewal is created by inculcating faith in Jesus Christ." In Count II, appellants assert that "[t]o the extent Florida Statutes *122 sections 944.473 and 944.4731 authorize the Illegal Contracts and payment of the Illegal Contracts, those statutes should be declared unconstitutional." They ask that McNeil be enjoined from entering into the contracts....
...ves." Thus, ordinarily, "the taxpayer's remedy should be at the polls and not in the courts." We agree with the trial court that petitioners have adequately alleged grounds for taxpayer standing in Count I to attack the constitutionality of sections 944.473 and 944.4731, since the state was using legislative appropriations allegedly to aid sectarian institutions....
...The trial court correctly ruled that standing to raise Count II is foreclosed by Markham because Count II challenges the downstream performance of these contracts by the ministries and the Department's oversight of the contracts. Count III In Count III, CSH and the Hulls have alleged that section 944.4731(6)(a) [6] provides a "chaplain" with important government powers with respect to the placement of offenders in substance abuse transitional programs....
...ction 3 of the Florida Constitution, as it unconstitutionally substitutes the judgment of a religious authority for the decision-making of secular public officials. Moreover, any use of public funds to pay the chaplain designated in Florida Statutes § 944.4731(6) similarly violates Article I, section 3 of the Florida Constitution....
...with faith-based providers, as Judge Polston predicted in his dissenting opinion in Holmes. Id. at 376. This impact will occur despite statutory protections that prohibit a program provider from attempting to convert the program's beneficiaries. See § 944.4731, Fla....
...[5] Article I, § 11, Par. VII of the 1983 Georgia Constitution provides: No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. [6] Section 944.4731(6)(a) provides: (a) The transition assistance specialist and the chaplain shall provide a list of contracted private providers, including faith-based providers, to the offender and facilitate the application process....
