Senate Bill sb1544c1
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Florida Senate - 2007 CS for SB 1544
By the Committee on Criminal Justice; and Senator Argenziano
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1 A bill to be entitled
2 An act relating to ex-offenders; creating the
3 Ex-Offender Task Force for the purpose of
4 studying ways to reintegrate ex-offenders into
5 the community and remove barriers to the
6 employment of ex-offenders; providing for the
7 appointment of members to the task force;
8 providing for a chairperson and for meetings;
9 authorizing reimbursement of the members for
10 per diem and travel expenses; requiring the
11 Department of Corrections to provide staff
12 support for the task force within existing
13 appropriations; requiring the task force to
14 take testimony regarding occupations from which
15 an ex-offender is disqualified from employment;
16 requiring the task force to recommend changes
17 in policies and to propose rules and
18 legislation to implement its recommendations;
19 requiring that the task force submit a
20 preliminary report and a final report to the
21 Governor and the Legislature by specified
22 dates; requiring that state agencies cooperate
23 with the task force in the performance of its
24 duties; providing for the task force to be
25 abolished after completing its activities;
26 providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Ex-Offender Task Force.--
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Florida Senate - 2007 CS for SB 1544
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1 (1)(a) The Ex-Offender Task Force, a task force as
2 defined in s. 20.03, Florida Statutes, is created for the
3 purpose of making recommendations concerning reducing
4 recidivism in the population of ex-offenders by improving
5 programs for reintegrating ex-offenders into their communities
6 after they are released from incarceration. The task force
7 shall focus on ways in which barriers to employment may be
8 removed.
9 (b) The task force shall consist of the following 14
10 members:
11 1. The Secretary of Corrections or his or her
12 designee.
13 2. The Secretary of Business and Professional
14 Regulation or his or her designee.
15 3. The executive director of the Department of Highway
16 Safety and Motor Vehicles or his or her designee.
17 4. The director of the Agency for Workforce Innovation
18 or his or her designee.
19 5. A parole commissioner or a designee of the Parole
20 Commission.
21 6. A member of the Senate, appointed by the President
22 of the Senate.
23 7. A member of the House of Representatives, appointed
24 by the Speaker of the House of Representatives.
25 8. The chairperson of the Governor's Ex-Offender Task
26 Force that was created by Executive Order No. 05-28.
27 9. A correctional probation officer, appointed by the
28 Secretary of Corrections.
29 10. A local law enforcement official or officer.
30 11. A member of a community organization concerned
31 about issues relating to ex-offenders.
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Florida Senate - 2007 CS for SB 1544
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1 12. A member of the business community who has an
2 interest in issues relating to ex-offenders.
3 13. An ex-offender who has been successful in
4 reentering his or her community and who has an interest in
5 issues relating to ex-offenders.
6 14. A representative of the board of directors of the
7 private nonprofit corporation established pursuant to s.
8 946.504(1) to provide prison industries.
9 (c) Members of the task force described in
10 subparagraphs (b)10.-14. shall be appointed by the Governor by
11 August 1, 2007, and shall be representative of the geographic
12 regions and ethnic and gender diversity of this state. The
13 first meeting of the task force shall be held by September 15,
14 2007, at which time the members shall select by majority vote
15 a chairperson from among the task force members. All
16 recommendations of the task force shall be by majority vote.
17 (d) The task force shall meet at the call of the
18 chairperson.
19 (e) Members of the task force shall serve without
20 compensation, but are entitled to reimbursement for per diem
21 and travel expenses in accordance with s. 112.061, Florida
22 Statutes.
23 (f) The Department of Corrections shall provide staff
24 support for the task force within existing appropriations.
25 (2)(a) The task force shall study and may take
26 testimony regarding:
27 1. For each occupation under the jurisdiction of a
28 state agency or an agency board, any restriction on or
29 disqualification from employment based upon an ex-offender's
30 criminal record, including, but not limited to, any
31 restriction on or disqualification from employment within an
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Florida Senate - 2007 CS for SB 1544
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1 agency; employment within a facility licensed, regulated,
2 supervised, or funded by an agency; employment under a
3 contract with an agency; or employment in an occupation that
4 requires as a prerequisite to practice a license or
5 certificate issued by an agency. For each occupation that an
6 ex-offender may be restricted or disqualified from practicing,
7 the task force shall set forth:
8 a. The job title, occupation, or job classification;
9 b. Whether the cause of the disqualification is based
10 on a statute, rule, policy, or industry practice, and the
11 substance and terms of the disqualification, including a
12 listing of the disqualifying offenses and the duration of the
13 disqualification;
14 c. The year the disqualification was adopted or put
15 into effect and its rationale, if discernible;
16 d. In instances where the disqualification is based
17 upon a conviction for committing an offense related to the
18 practice of a given profession, the criteria the agency has
19 adopted in applying the disqualification in individual cases;
20 e. Whether a statute, rule, policy, or industry
21 practice provides for an individual who has been convicted of
22 committing a felony to have his or her civil rights restored
23 and become qualified to engage in the occupation;
24 f. The exemption, waiver, or review mechanisms that
25 are available in order for an ex-offender to seek relief from
26 the disqualification, based on a showing of rehabilitation or
27 otherwise. This should include the terms of the exemption,
28 waiver, or review; the nature of the relief it affords; and
29 whether an administrative or judicial appeal is authorized;
30 and
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1 g. A description of the procedures used to determine
2 and review the disqualification.
3 2. The extent of and solutions to the problem of
4 providing ex-offenders with documents or identification, such
5 as a social security card and driver's license or state
6 identification card, which are necessary for obtaining
7 employment in the community.
8 3. Recommended policy reforms and changes that would
9 reduce the adverse effects created by disqualifying
10 ex-offenders from employment without compromising the safety
11 of the public.
12 4. Proposed rules and proposed legislation necessary
13 for implementing any recommendations of the task force.
14 (b) The task force shall submit a preliminary report
15 of its findings and recommendations, including a draft of
16 proposed rules and legislation, to the Governor, the President
17 of the Senate, and the Speaker of the House of Representatives
18 by October 1, 2008. The final report shall be filed with the
19 Governor, the President of the Senate, and the Speaker of the
20 House of Representatives by January 1, 2009.
21 (c) Each state agency shall fully cooperate with the
22 task force in the performance of its duties.
23 (3) All meetings of the task force and all business of
24 the task force for which reimbursement may be requested shall
25 be concluded before the final report is filed. The task force
26 is abolished July 1, 2009.
27 Section 2. This act shall take effect upon becoming a
28 law.
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Florida Senate - 2007 CS for SB 1544
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1544
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4 - Creates the Ex-Offender Task Force for the purpose of
studying and making recommendations concerning: (1)
5 disqualifications from employment that are based upon
criminal records; and (2) the problem of providing
6 inmates with a Social Security card and a driver's
license or state identification card prior to release
7 from prison.
8 - The task force consists of 14 members, including agency
heads and others who have an interest or involvement in
9 re-entry of offenders into the community. Members serve
without pay but are entitled to payment for per diem and
10 travel expenses.
11 - Administrative support for the task force will be
provided by the Department of Corrections within existing
12 appropriations.
13 - The task force ends on July 1, 2009.
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