Senate Bill sb0436c2

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    Florida Senate - 2006                     CS for CS for SB 436

    By the Committees on Justice Appropriations; Governmental
    Oversight and Productivity; and Senators Wilson, Hill, Miller
    and Crist



    604-2378-06

  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         the removal and replacement of members;

  9         providing for terms of office; requiring the

10         council to make a systematic study of

11         conditions affecting black men and boys;

12         requiring the Office of the Attorney General to

13         provide administrative support; requiring the

14         council to submit an annual report to the

15         Governor and Legislature; providing for

16         reimbursement for per diem and travel expenses;

17         requiring the Attorney General to organize the

18         initial meeting of the council; providing for

19         the expiration of the council; providing an

20         effective date.

21  

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

23  

24         Section 1.  Legislative findings.--The Legislature

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

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

27  society, which reveals startling and disturbing conditions and

28  trends. This record includes a disproportionate share of black

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

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

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

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    Florida Senate - 2006                     CS for CS for SB 436
    604-2378-06




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

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

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

 4  ethnic and racial groups.

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

 6  and Boys.--

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

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

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

10  council shall consist of 19 members appointed as follows:

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

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

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

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

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

16  Speaker of the House of Representatives with the advice of the

17  minority leader of the House of Representatives.

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

19  his or her designee.

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

21  within the Department of Children and Family Services or his

22  or her designee.

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

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

25  designee.

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

27  designee.

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

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

30  designee.

31  

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    Florida Senate - 2006                     CS for CS for SB 436
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 1         (j)  The director of Workforce Innovation or his or her

 2  designee.

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

 4  appointed by the Governor.

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

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

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

 8  psychologist.

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

10  of Representatives who are not members of the Legislature or

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

12  an Africana studies professional.

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

14  for Health Care Administration or his or her designee.

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

16  designee.

17         (2)  A member of the council may be removed at any time

18  by the member's appointing authority, who shall fill the

19  resulting vacancy on the council.

20         (3)  Each member of the council shall be appointed to a

21  4-year term; however, for the purpose of providing staggered

22  terms, of the initial appointments 9 members shall be

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

24  4-year terms. A member of the council may be removed at any

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

26  vacancy on the council for the remainder of the unexpired

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

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

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

30         (4)(a)  At the first meeting of the council each year,

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

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    Florida Senate - 2006                     CS for CS for SB 436
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 1         (b)  A vacancy in the office of chairperson or vice

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

 3         (5)(a)  The council shall make a systematic study of

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

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

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

 7  annual income levels, school performance in all grades,

 8  including postsecondary grades, and health issues.

 9         (b)  The council shall propose measures to alleviate

10  and correct the underlying causes of the conditions described

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

12  or systemic changes that can be implemented without

13  legislative actions.

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

15  the Legislature or as directed by the chairperson of the

16  council.

17         (d)  The council shall receive suggestions or comments

18  pertinent to the applicable issues from members of the

19  Legislature, governmental agencies, public and private

20  organizations, and private citizens.

21         (6)  The Office of the Attorney General shall provide

22  staff and administrative support to the council.

23         (7)  The council shall meet quarterly and additional

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

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

26         (8)  Eleven of the members of the council constitute a

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

28  present is required for final action.

29         (9)(a)  The council shall issue its initial annual

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

31  following year, stating the findings, conclusions, and

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    Florida Senate - 2006                     CS for CS for SB 436
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 1  recommendations of the council. This report shall be submitted

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

 3  the House of Representatives, and the chairpersons of the

 4  standing committees of jurisdiction in each chamber.

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

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

 7  the perspective of public health related to mental health,

 8  other health issues, cultural disconnection, and cultural

 9  identity trauma.

10         (10)  Members of the council shall serve without

11  compensation. Members are entitled to reimbursement for per

12  diem and travel expenses as provided in s. 112.061, Florida

13  Statutes. State officers and employees shall be reimbursed

14  from the budget of the agency through which they serve. Other

15  members may be reimbursed by the Department of Legal Affairs.

16         (11)  The council and any subcommittees it forms shall

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

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

19  Florida Statutes, relating to public meetings.

20         (12)  Each member of the council who is not otherwise

21  required to file a financial disclosure statement pursuant to

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

23  112.3144, Florida Statutes, must file a disclosure of

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

25         (13)  Notwithstanding subsection (7), the Attorney

26  General shall:

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

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

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

30         (c)  Make any other arrangements concerning the initial

31  meeting of the council; and

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    Florida Senate - 2006                     CS for CS for SB 436
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 1         (d)  Serve as the presiding officer at the initial

 2  meeting of the council until a chairperson is elected.

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

 4  reenacted by the Legislature.

 5         Section 3.  This act shall take effect January 1, 2007.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                          CS for SB 436

 9                                 

10  Provides for the removal and replacement of members.

11  Provides that state officers and employees who are members of
    the council shall be reimbursed for travel and per diem from
12  the budget of the agency through which they serve, and that
    other members may be reimbursed by the Department of Legal
13  Affairs.

14  Removes an appropriation to the Department of Legal Affairs.

15  Changes the effective date to January 1, 2007.

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