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.
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22 Be It Enacted by the Legislature of the State of Florida:
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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
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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.
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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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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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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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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.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 CS for SB 436
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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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