Senate Bill sb0436c1

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    Florida Senate - 2006                            CS for SB 436

    By the Committee on Governmental Oversight and Productivity;
    and Senators Wilson and Hill




    585-1992-06

  1                      A bill to be entitled

  2         An act relating to the social status of black

  3         men and boys; creating the Council on the

  4         Social Status of Black Men and Boys; providing

  5         for the appointment and qualification of

  6         members; providing for the appointment of

  7         members to fill vacant positions; providing for

  8         terms of office; requiring the council to make

  9         a systematic study of conditions affecting

10         black men and boys; requiring the Office of the

11         Attorney General to provide administrative

12         support; requiring the council to submit an

13         annual report to the Governor and Legislature;

14         providing for reimbursement for per diem and

15         travel expenses; requiring the Attorney General

16         to organize the initial meeting of the council;

17         providing for the expiration of the council;

18         providing an appropriation; providing an

19         effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Legislative findings.--The Legislature

24  finds that there is a chronological record of the status of

25  black men and boys in American society, and in this state's

26  society, which reveals startling and disturbing conditions and

27  trends. This record includes a disproportionate share of black

28  men and boys in this state's correctional facilities; a higher

29  rate of black men and boys being victimized by black-on-black

30  crime; a higher drop-out rate from high school; an average

31  income lower than that of other segments of society, along

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    Florida Senate - 2006                            CS for SB 436
    585-1992-06




 1  with a lowering of the income earned; a higher death rate from

 2  illness; and a lower life expectancy than males in other

 3  ethnic and racial groups.

 4         Section 2.  Council on the Social Status of Black Men

 5  and Boys.--

 6         (1)  The Council on the Social Status of Black Men and

 7  Boys, which is an advisory council as defined in s. 20.03(7),

 8  is established adjunct to the Department of Legal Affairs. The

 9  council shall consist of 19 members appointed as follows:

10         (a)  Two members of the Senate who are not members of

11  the same political party, appointed by the President of the

12  Senate with the advice of the minority leader of the Senate.

13         (b)  Two members of the House of Representatives who

14  are not members of the same political party, appointed by the

15  Speaker of the House of Representatives with the advice of the

16  minority leader of the House of Representatives.

17         (c)  The Secretary of Children and Family Services or

18  his or her designee.

19         (d)  The director of the Mental Health Program Office

20  within the Department of Children and Family Services or his

21  or her designee.

22         (e)  The Secretary of Health or his or her designee.

23         (f)  The Commissioner of Education or his or her

24  designee.

25         (g)  The Secretary of Corrections or his or her

26  designee.

27         (h)  The Attorney General or his or her designee.

28         (i)  The Secretary of Management Services or his or her

29  designee.

30         (j)  The director of Workforce Innovation or his or her

31  designee.

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    Florida Senate - 2006                            CS for SB 436
    585-1992-06




 1         (k)  A business person of African-American origin

 2  appointed by the Governor.

 3         (l)  Two persons appointed by the President of the

 4  Senate who are not members of the Legislature or employed by

 5  state government. One of the appointments must be a clinical

 6  psychologist.

 7         (m)  Two persons appointed by the Speaker of the House

 8  of Representatives who are not members of the Legislature or

 9  employed by state government. One of the appointments must be

10  an Africana studies professional.

11         (n)  The deputy secretary for Medicaid in the Agency

12  for Health Care Administration or his or her designee.

13         (o)  The Secretary of Juvenile Justice or his or her

14  designee.

15         (2)  Each member of the council shall be appointed to a

16  4-year term; however, for the purpose of providing staggered

17  terms, of the initial appointments 9 members shall be

18  appointed to 2-year terms and 10 members shall be appointed to

19  4-year terms. A member of the council may be removed at any

20  time by the member's appointing authority, who shall fill the

21  vacancy on the council for the remainder of the unexpired

22  term. The terms of the legislative members expire at the time

23  they cease to hold legislative office, and the vacancy shall

24  be filled in the same manner as the original appointments.

25         (3)(a)  At the first meeting of the council each year,

26  the members shall elect a chairperson and a vice chairperson.

27         (b)  A vacancy in the office of chairperson or vice

28  chairperson shall be filled by vote of the remaining members.

29         (4)(a)  The council shall make a systematic study of

30  the conditions affecting black men and boys, including, but

31  not limited to, the homicide rates, arrest and incarceration

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    Florida Senate - 2006                            CS for SB 436
    585-1992-06




 1  rates, poverty, violence, drug abuse, death rates, disparate

 2  annual income levels, school performance in all grades,

 3  including postsecondary grades, and health issues.

 4         (b)  The council shall propose measures to alleviate

 5  and correct the underlying causes of the conditions described

 6  in paragraph (a). These measures may consist of changes to law

 7  or systemic changes that can be implemented without

 8  legislative actions.

 9         (c)  The council may study other topics suggested by

10  the Legislature or as directed by the chairperson of the

11  council.

12         (d)  The council shall receive suggestions or comments

13  pertinent to the applicable issues from members of the

14  Legislature, governmental agencies, public and private

15  organizations, and private citizens.

16         (5)  The Office of the Attorney General shall provide

17  staff and administrative support to the council.

18         (6)  The council shall meet quarterly and additional

19  meetings may be held at the call of the chairperson and at

20  other times as determined by a majority of council members.

21         (7)  Eleven of the members of the council constitute a

22  quorum, and an affirmative vote of a majority of the members

23  present is required for final action.

24         (8)(a)  The council shall issue its initial annual

25  report by December 15, 2007, and by December 15th of each

26  following year, stating the findings, conclusions, and

27  recommendations of the council. This report shall be submitted

28  to the Governor, the President of the Senate, the Speaker of

29  the House of Representatives, and the chairpersons of the

30  standing committees of jurisdiction in each chamber.

31  

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    Florida Senate - 2006                            CS for SB 436
    585-1992-06




 1         (b)  The initial report must include the findings of an

 2  investigation into factors causing black-on-black crime from

 3  the perspective of public health related to mental health,

 4  other health issues, cultural disconnection, and cultural

 5  identity trauma.

 6         (9)  Members of the council shall serve without

 7  compensation, but are entitled to reimbursement for per diem

 8  and travel expenses as provided in s. 112.061, Florida

 9  Statutes.

10         (10)  The council and any subcommittees it forms shall

11  be subject to the provisions of chapter 119, Florida Statutes,

12  relating to public records, and the provisions of chapter 286,

13  Florida Statutes, relating to public meetings.

14         (11)  Each member of the council who is not otherwise

15  required to file a financial disclosure statement pursuant to

16  Section 8, Article II of the State Constitution or s.

17  112.3144, Florida Statutes, must file a disclosure of

18  financial interests pursuant to s. 112.3145, Florida Statutes.

19         (12)  Notwithstanding subsection (6), the Attorney

20  General shall:

21         (a)  Fix a date for the initial meeting of the council;

22         (b)  Notify each member of the council of the time,

23  date, and place where the initial meeting will be held;

24         (c)  Make any other arrangements concerning the initial

25  meeting of the council; and

26         (d)  Serve as the presiding officer at the initial

27  meeting of the council until a chairperson is elected.

28         (13)  This section expires July 1, 2012, unless

29  reenacted by the Legislature.

30         Section 3.  A sum of $50,000 is appropriated from the

31  General Revenue Fund to the Office of the Attorney General for

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    Florida Senate - 2006                            CS for SB 436
    585-1992-06




 1  reimbursement of travel and per diem expenses for the Council

 2  on the Social Status of Black Men and Boys.

 3         Section 4.  This act shall take effect July 1, 2006.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 436

 7                                 

 8  Creates the council in the Department of Legal Affairs.

 9  Clarifies that the council is an advisory council.

10  Requires financial disclosure statements for council members
    who are not otherwise required to file such statements.
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    Corrects technical errors.
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