CS/HB 1395

1
A bill to be entitled
2An act relating to the Council on the Social Status of
3Black Men and Boys; amending s. 16.615, F.S.; removing
4outdated provisions; providing additional duties and
5powers of the council; removing certain duties of the
6Attorney General; removing a provision that discontinues
7the council under certain conditions; creating s. 16.616,
8F.S.; creating a direct-support organization; specifying
9duties and requiring a contract; providing contract
10requirements; providing for appointment of members of the
11board of directors; requiring the direct-support
12organization to form strategic partnerships for specified
13purposes, including in specified counties; requiring
14certain reports; providing additional duties and powers of
15the direct-support organization; requiring the direct-
16support organization to consider the participation of
17certain other counties; providing an appropriation;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 16.615, Florida Statutes, is amended to
23read:
24     16.615  Council on the Social Status of Black Men and
25Boys.--
26     (1)  The Council on the Social Status of Black Men and Boys
27is established within the Department of Legal Affairs and shall
28consist of 19 members appointed as follows:
29     (a)  Two members of the Senate who are not members of the
30same political party, appointed by the President of the Senate
31with the advice of the Minority Leader of the Senate.
32     (b)  Two members of the House of Representatives who are
33not members of the same political party, appointed by the
34Speaker of the House of Representatives with the advice of the
35Minority Leader of the House of Representatives.
36     (c)  The Secretary of Children and Family Services or his
37or her designee.
38     (d)  The director of the Mental Health Program Office
39within the Department of Children and Family Services or his or
40her designee.
41     (e)  The State Surgeon General or his or her designee.
42     (f)  The Commissioner of Education or his or her designee.
43     (g)  The Secretary of Corrections or his or her designee.
44     (h)  The Attorney General or his or her designee.
45     (i)  The Secretary of Management Services or his or her
46designee.
47     (j)  The director of the Agency for Workforce Innovation or
48his or her designee.
49     (k)  A businessperson who is an African American, as
50defined in s. 760.80(2)(a), of black origin appointed by the
51Governor.
52     (l)  Two persons appointed by the President of the Senate
53who are not members of the Legislature or employed by state
54government. One of the appointees must be a clinical
55psychologist.
56     (m)  Two persons appointed by the Speaker of the House of
57Representatives who are not members of the Legislature or
58employed by state government. One of the appointees must be an
59Africana studies professional.
60     (n)  The deputy secretary for Medicaid in the Agency for
61Health Care Administration or his or her designee.
62     (o)  The Secretary of Juvenile Justice or his or her
63designee.
64     (2)  Each member of the council shall be appointed to a 4-
65year term; however, for the purpose of providing staggered
66terms, of the initial appointments, 9 members shall be appointed
67to 2-year terms and 10 members shall be appointed to 4-year
68terms. A member of the council may be removed at any time by the
69member's appointing authority who shall fill the vacancy on the
70council.
71     (3)(a)  At the first meeting of the council each year, the
72members shall elect a chair and a vice chair.
73     (b)  A vacancy in the office of chair or vice chair shall
74be filled by vote of the remaining members.
75     (4)(a)  The council shall make a systematic study of the
76conditions affecting black men and boys, including, but not
77limited to, homicide rates, arrest and incarceration rates,
78poverty, violence, drug abuse, death rates, disparate annual
79income levels, school performance in all grade levels including
80postsecondary levels, and health issues.
81     (b)  The council shall propose measures to alleviate and
82correct the underlying causes of the conditions described in
83paragraph (a). These measures may consist of changes to the law
84or systematic changes that can be implemented without
85legislative action.
86     (c)  The council may study other topics suggested by the
87Legislature or as directed by the chair of the council.
88     (d)  The council shall receive suggestions or comments
89pertinent to the applicable issues from members of the
90Legislature, governmental agencies, public and private
91organizations, and private citizens.
92     (e)  The council shall monitor outcomes of the direct-
93support organization created pursuant to s. 16.616.
94     (f)  The council shall develop a strategic program and
95funding initiative to establish local Councils on the Social
96Status of Black Men and Boys.
97     (5)  The council may:
98     (a)  Access data held by any state departments or agencies,
99which data is otherwise a public record.
100     (b)  Make requests directly to the Joint Legislative
101Auditing Committee for assistance with research and monitoring
102of outcomes by the Office of Program Policy Analysis and
103Government Accountability.
104     (c)  Request, through council members who are also
105legislators, research assistance from the Office of Economic and
106Demographic Research within the Florida Legislature.
107     (d)  Request information and assistance from the state or
108any political subdivision, municipal corporation, public
109officer, or governmental department thereof.
110     (e)  Apply for and accept funds, grants, gifts, and
111services from the state, the Federal Government or any of its
112agencies, or any other public or private source for the purpose
113of defraying clerical and administrative costs as may be
114necessary for carrying out its duties under this section.
115     (6)(5)  The Office of the Attorney General shall provide
116staff and administrative support to the council.
117     (7)(6)  The council shall meet quarterly and at other times
118at the call of the chair or as determined by a majority of
119council members and approved by the Attorney General.
120     (8)(7)  Eleven of the members of the council shall
121constitute a quorum, and an affirmative vote of a majority of
122the members present is required for final action.
123     (9)(8)(a)  The council shall issue its first annual report
124by December 15, 2007, and by December 15 each following year,
125stating the findings, conclusions, and recommendations of the
126council. The council shall submit the report to the Governor,
127the President of the Senate, the Speaker of the House of
128Representatives, and the chairpersons of the standing committees
129of jurisdiction in each chamber.
130     (b)  The initial report must include the findings of an
131investigation into factors causing black-on-black crime from the
132perspective of public health related to mental health, other
133health issues, cultural disconnection, and cultural identity
134trauma.
135     (10)(9)  Members of the council shall serve without
136compensation. Members are entitled to reimbursement for per diem
137and travel expenses as provided in s. 112.061. State officers
138and employees shall be reimbursed from the budget of the agency
139through which they serve. Other members may be reimbursed by the
140Department of Legal Affairs.
141     (11)(10)  The council and any subcommittees it forms are
142shall be subject to the provisions of chapter 119, related to
143public records, and the provisions of chapter 286, related to
144public meetings.
145     (12)(11)  Each member of the council who is not otherwise
146required to file a financial disclosure statement pursuant to s.
1478, Art. II of the State Constitution or s. 112.3144, must file a
148disclosure of financial interests pursuant to s. 112.3145.
149     (12)  Notwithstanding subsection (6), the Attorney General
150shall:
151     (a)  Within 60 days after the effective date of this act,
152fix a date for the initial meeting of the council.
153     (b)  Notify each member of the council of the time, date,
154and place where the initial meeting will be held.
155     (c)  Make any other arrangements concerning the initial
156meeting of the council.
157     (d)  Serve as the presiding officer at the initial meeting
158of the council until a chair is elected.
159     (13)  This section expires July 1, 2012, unless reenacted
160by the Legislature.
161     Section 2.  Section 16.616, Florida Statutes, is created to
162read:
163     16.616  Direct-support organization.--
164     (1)  The Department of Legal Affairs shall establish a
165direct-support organization that is:
166     (a)  A Florida corporation, not for profit, incorporated
167under the provisions of chapter 617 and approved by the
168Secretary of State.
169     (b)  Organized and operated exclusively to solicit funds;
170request and receive grants, gifts, and bequests of money;
171acquire, receive, hold, invest, and administer, in its own name,
172property and funds; and make expenditures for the benefit of the
173purposes as specified by this section.
174     (c)  Certified by the department, after review, to be
175operating in a manner consistent with the statutory goals of the
176organization and in the best interests of the state.
177     (2)  The direct-support organization shall operate under
178written contract with the Department of Legal Affairs. The
179contract must provide for:
180     (a)  Approval of the articles of incorporation and bylaws
181of the direct-support organization by the department.
182     (b)  Submission of an annual budget for the approval by the
183department.
184     (c)  Certification by the department that the direct-
185support organization is complying with the terms of the contract
186and in a manner consistent with the statutory goals and purposes
187and in the best interests of the state. Such certification must
188be made annually.
189     (d)  The reversion to the department of moneys and property
190held in trust by the direct-support organization if the direct-
191support organization is no longer approved to operate or ceases
192to exist.
193     (e)  The disclosure of material provisions of the contract
194and the distinction between the board of directors and the
195direct-support organization to donors of gifts, contributions,
196or bequests, as well as on all promotional and fundraising
197publications.
198     (f)  An annual financial audit in accordance with s.
199215.981.
200     (g)  The fiscal year of the direct-support organization, to
201begin July 1 of each year and end June 30 of the following year.
202     (h)  Appointment of the board of directors to be made
203pursuant to this section.
204     (i)  Authority of the board of directors of the direct-
205support organization to hire an executive director.
206     (3)  The board of directors of the direct-support
207organization shall consist of 13 members. Each member of the
208board of directors shall be appointed to a 4-year term; however,
209for the purpose of providing staggered terms, the Speaker of the
210House of Representatives and the President of the Senate shall
211each initially appoint two members to serve a 2-year term, and
212the Attorney General and the chair of the Council on the Social
213Status of Black Men and Boys shall each initially appoint one
214member to serve a 2-year term. All subsequent appointments shall
215be for 4-year terms. Any vacancy that occurs shall be filled in
216the same manner as the original appointment and shall be for the
217unexpired term of that seat. The board of directors shall be
218appointed as follows:
219     (a)  Two members of the Council on the Social Status of
220Black Men and Boys, appointed by the council chair.
221     (b)  Three members appointed by the Attorney General.
222     (c)  Four members appointed by the Speaker of the House of
223Representatives.
224     (d)  Four members appointed by the President of the Senate.
225     (4)  In conjunction with the Council on the Social Status
226of Black Men and Boys, and funded exclusively by the direct-
227support organization, the direct-support organization shall form
228strategic partnerships to foster the development of community
229and private sector resources and shall act as a liaison with
230state agencies, other state governments, and the public and
231private sectors on matters that relate to underlying conditions
232that affect black men and boys to bring about an environment
233that promotes the values of learning, family, prosperity, unity,
234and self-worth. To that end, the direct-support organization is
235charged with the following duties:
236     (a)  Develop a strategic program and funding initiative to
237implement the 5000 Role Models of Excellence in Broward, Palm
238Beach, Duval, Orange, and Hillsborough Counties. The strategic
239program and funding initiative shall be reported to the
240Legislature by February 15, 2009.
241     (b)  Develop a strategic program and funding initiative to
242implement the Reading 4 Success Program by the 100 Black Men of
243Florida in Broward, Miami-Dade, Palm Beach, Duval, Orange,
244Pinellas, and Hillsborough Counties. The strategic program and
245funding initiative shall be reported to the Legislature by
246February 15, 2009.
247     (c)  Develop a strategic program and funding initiative to
248implement the One Church, One Child program statewide. The
249strategic program and funding initiative shall be reported to
250the Legislature by February 15, 2009.
251     (d)  Develop a strategic program and funding initiative to
252implement the Mapping the Future for Black Males Program within
253community colleges identified by the Council on the Social
254Status of Black Men and Boys. The strategic program and funding
255initiative shall be reported to the Legislature by February 15,
2562009.
257     (e)  Develop a public awareness and marketing campaign
258showcasing programs funded by the direct-support organization,
259as well as other opportunities to implement the statutory duties
260of the direct-support organization and the Council on the Social
261Status of Black Men and Boys, pursuant to s. 16.615(4). The
262campaign should also encourage the idea that each one of us has
263a responsibility to make a difference in the community.
264     (f)  Fund the clerical and administrative costs of the
265Council on the Social Status of Black Men and Boys, as may be
266necessary for carrying out the council's duties under s. 16.615.
267     (5)  The direct-support organization may:
268     (a)  Develop a strategic program and funding initiative to
269implement a health-screening program using mobile screening
270services.
271     (b)  Hold a statewide Black Policy Summit in conjunction
272with a university in this state.
273     (c)  Create a compendium of intervention programs in each
274county, which can be used to determine how to maximize existing
275resources and address under-served populations or unmet needs.
276     (6)  The direct-support organization shall consider the
277participation of counties, in addition to those specified in
278subsection (4), that demonstrate a willingness to participate
279and an ability to be successful in any programs funded by the
280direct-support organization.
281     Section 3.  The sum of $50,000 in nonrecurring funds is
282appropriated from the General Revenue Fund to the Department of
283Legal Affairs for the purpose of implementing the provisions of
284this act.
285     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.