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The Committee on Criminal and Civil Justice Appropriations

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(Joyner) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 16.615, Florida Statutes, is amended to

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read:

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     16.615  Council on the Social Status of Black Men and

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Boys.--

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

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is established within the Department of Legal Affairs and shall

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consist of 19 members appointed as follows:

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

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same political party, appointed by the President of the Senate

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with the advice of the Minority Leader of the Senate.

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     (b)  Two members of the House of Representatives who are not

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members of the same political party, appointed by the Speaker of

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the House of Representatives with the advice of the Minority

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Leader of the House of Representatives.

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

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her designee.

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

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the Department of Children and Family Services or his or her

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designee.

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     (e)  The State Surgeon General or his or her designee.

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     (f)  The Commissioner of Education or his or her designee.

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     (g)  The Secretary of Corrections or his or her designee.

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

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

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designee.

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     (j)  The director of the Agency for Workforce Innovation or

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his or her designee.

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     (k) A businessperson who is an African American, as defined

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in s. 760.80(2)(a), of black origin appointed by the Governor.

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

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who are not members of the Legislature or employed by state

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government. One of the appointees must be a clinical

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psychologist.

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

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Representatives who are not members of the Legislature or

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employed by state government. One of the appointees must be an

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Africana studies professional.

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

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Health Care Administration or his or her designee.

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

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designee.

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     (2)  Each member of the council shall be appointed to a 4-

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year term; however, for the purpose of providing staggered terms,

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of the initial appointments, 9 members shall be appointed to 2-

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year terms and 10 members shall be appointed to 4-year terms. A

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member of the council may be removed at any time by the member's

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appointing authority who shall fill the vacancy on the council.

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

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members shall elect a chair and a vice chair.

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     (b)  A vacancy in the office of chair or vice chair shall be

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filled by vote of the remaining members.

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

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conditions affecting black men and boys, including, but not

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limited to, homicide rates, arrest and incarceration rates,

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

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income levels, school performance in all grade levels including

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postsecondary levels, and health issues.

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     (b)  The council shall propose measures to alleviate and

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correct the underlying causes of the conditions described in

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

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or systematic changes that can be implemented without legislative

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action.

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

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Legislature or as directed by the chair of the council.

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     (d)  The council shall receive suggestions or comments

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pertinent to the applicable issues from members of the

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Legislature, governmental agencies, public and private

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organizations, and private citizens.

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     (e) The council shall monitor outcomes of the direct-

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support organization created pursuant to s. 16.616.

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     (f) The council shall develop a strategic program and

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funding initiative to establish local Councils on the Social

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Status of Black Men and Boys.

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     (5) The council may:

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     (a) Access data held by any state agency which is otherwise

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a public record.

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     (b) Make requests directly to the Joint Legislative

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Auditing Committee for assistance in conducting research and for

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the monitoring of outcomes by the Office of Program Policy

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Analysis and Government Accountability.

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     (c) Request, through council members who are also

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legislators, research assistance from the Office of Economic and

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Demographic Research within the Legislature.

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     (d) Request information and assistance from the state or

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any political subdivision, municipal corporation, public officer,

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or governmental department thereof.

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     (e) Apply for and accept funds, grants, gifts, and services

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from the state, the Federal Government or any of its agencies, or

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any other public or private source for the purpose of defraying

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clerical and administrative costs as may be necessary for

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carrying out its duties under this section.

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

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staff and administrative support to the council.

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     (7)(6) The council shall meet quarterly and at other times

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at the call of the chair or as determined by a majority of

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council members and approved by the Attorney General.

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     (8)(7) Eleven of the members of the council shall

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constitute a quorum, and an affirmative vote of a majority of the

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members present is required for final action.

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     (9)(8)(a) The council shall issue its first annual report

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by December 15, 2007, and by December 15 each following year,

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stating the findings, conclusions, and recommendations of the

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council. The council shall submit the report to the Governor, the

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President of the Senate, the Speaker of the House of

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Representatives, and the chairpersons of the standing committees

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of jurisdiction in each chamber.

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

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

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perspective of public health related to mental health, other

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health issues, cultural disconnection, and cultural identity

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trauma.

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     (10)(9) Members of the council shall serve without

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compensation. Members are entitled to reimbursement for per diem

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and travel expenses as provided in s. 112.061. State officers and

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employees shall be reimbursed from the budget of the agency

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through which they serve. Other members may be reimbursed by the

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Department of Legal Affairs.

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     (11)(10) The council and any subcommittees it forms are

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shall be subject to the provisions of chapter 119, related to

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public records, and the provisions of chapter 286, related to

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public meetings.

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

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required to file a financial disclosure statement pursuant to s.

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8, Art. II of the State Constitution or s. 112.3144, must file a

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disclosure of financial interests pursuant to s. 112.3145.

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

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shall:

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     (a) Within 60 days after the effective date of this act,

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fix a date for the initial meeting of the council.

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

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and place where the initial meeting will be held.

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     (c) Make any other arrangements concerning the initial

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meeting of the council.

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

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of the council until a chair is elected.

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     (13) This section expires July 1, 2012, unless reenacted by

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the Legislature.

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     Section 2.  Section 16.616, Florida Statutes, is created to

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read:

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     16.616 Direct-support organization.--

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     (1) The Department of Legal Affairs shall establish a

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direct-support organization that is:

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     (a) A Florida not-for-profit corporation, incorporated

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under the provisions of chapter 617, and approved by the

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Secretary of State.

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     (b) Organized and operated exclusively to solicit funds;

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request and receive grants, gifts, and bequests of money;

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acquire, receive, hold, invest, and administer, in its own name,

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property and funds; and make expenditures for the benefit of the

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purposes as specified by this section.

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     (c) Certified by the department, after review, to be

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operating in a manner consistent with the statutory goals of the

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organization and in the best interests of the state.

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     (2) The direct-support organization shall operate under

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written contract with the Department of Legal Affairs. The

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contract must provide for:

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     (a) Approval of the articles of incorporation and bylaws of

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the direct-support organization by the department.

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     (b) Submission of an annual budget for approval by the

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department.

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     (c) Certification by the department that the direct-support

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organization is complying with the terms of the contract in a

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manner consistent with the statutory goals and purposes and in

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the best interests of the state. Such certification must be made

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annually.

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     (d) The reversion to the department of moneys and property

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held in trust by the direct-support organization if the direct-

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support organization is no longer approved to operate or ceases

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to exist.

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     (e) The disclosure of material provisions of the contract

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and the distinction between the board of directors and the

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direct-support organization to donors of gifts, contributions, or

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bequests, as well as on all promotional and fundraising

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publications.

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     (f) An annual financial audit in accordance with s.

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215.981.

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     (g) The fiscal year of the direct-support organization, to

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begin July 1 of each year and end June 30 of the following year.

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     (h) An appointment of the board of directors to be made

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pursuant to this section.

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     (i) The authority of the board of directors of the direct-

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support organization to hire an executive director.

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     (3) The board of directors of the direct-support

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organization shall consist of 13 members. Each member of the

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board of directors shall be appointed to a 4-year term; however,

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for the purpose of providing staggered terms, the Speaker of the

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House of Representatives and the President of the Senate shall

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each initially appoint two members to serve a 2-year term, and

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the Attorney General and the chair of the Council on the Social

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Status of Black Men and Boys shall each initially appoint one

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member to serve a 2-year term. All subsequent appointments shall

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be for 4-year terms. Any vacancy that occurs shall be filled in

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the same manner as the original appointment and shall be for the

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unexpired term of that seat. The board of directors shall be

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appointed as follows:

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     (a) Two members of the Council on the Social Status of

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Black Men and Boys, appointed by the council chair.

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     (b) Three members appointed by the Attorney General.

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     (c) Four members appointed by the Speaker of the House of

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Representatives.

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     (d) Four members appointed by the President of the Senate.

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     (4) In conjunction with the Council on the Social Status of

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Black Men and Boys, and funded exclusively by the direct-support

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organization, the direct-support organization shall form

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strategic partnerships to foster the development of community and

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private-sector resources and shall act as a liaison with state

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agencies, other state governments, and the public and private

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sectors on matters that relate to underlying conditions that

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affect black men and boys to bring about an environment that

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promotes the values of learning, family, prosperity, unity, and

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self-worth. To that end, the direct-support organization is

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charged with the following duties:

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     (a) Develop a strategic program and funding initiative to

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implement the 5000 Role Models of Excellence in Broward, Palm

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Beach, Duval, Orange, and Hillsborough Counties. The strategic

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program and funding initiative shall be reported to the

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Legislature by February 15, 2009.

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     (b) Develop a strategic program and funding initiative to

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implement the Reading 4 Success Program by the 100 Black Men of

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Florida in Broward, Miami-Dade, Palm Beach, Duval, Orange,

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Pinellas, and Hillsborough Counties. The strategic program and

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funding initiative shall be reported to the Legislature by

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February 15, 2009.

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     (c) Develop a strategic program and funding initiative to

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implement the One Church, One Child program statewide. The

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strategic program and funding initiative shall be reported to the

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Legislature by February 15, 2009.

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     (d) Develop a strategic program and funding initiative to

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implement the Mapping the Future for Black Males Program within

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community colleges identified by the Council on the Social Status

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of Black Men and Boys. The strategic program and funding

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initiative shall be reported to the Legislature by February 15,

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2009.

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     (e) Develop a public awareness and marketing campaign

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showcasing programs funded by the direct-support organization, as

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well as other opportunities to implement the statutory duties of

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the direct-support organization and the Council on the Social

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Status of Black Men and Boys, pursuant to s. 16.615(4). The

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campaign should also encourage the idea that each one of us has a

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responsibility to make a difference in the community.

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     (f) Fund the clerical and administrative costs of the

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Council on the Social Status of Black Men and Boys, as may be

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necessary for carrying out the council's duties under s. 16.615.

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     (5) The direct-support organization may:

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     (a) Develop a strategic program and funding initiative to

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implement a health-screening program using mobile screening

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services.

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     (b) Hold a statewide Black Policy Summit in conjunction

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with a university in this state.

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     (c) Create a compendium of intervention programs in each

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county, which can be used to determine how to maximize existing

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resources and address underserved populations or unmet needs.

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     (6) The direct-support organization shall consider the

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participation of counties, in addition to those specified in

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subsection (4), demonstrating a willingness to participate and an

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ability to be successful in any programs funded by the direct-

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support organization.

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     Section 3.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to the Council on the Social Status of

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Black Men and Boys; amending s. 16.615, F.S.; deleting

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obsolete provisions; providing additional duties and

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powers of the council; removing certain duties of the

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Attorney General; deleting a provision that discontinues

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the council under certain conditions; creating s. 16.616,

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F.S.; creating a direct-support organization; specifying

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duties and requiring a contract; providing contract

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requirements; providing for appointment of members of the

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board of directors; providing for initial appointments;

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requiring the direct-support organization to form

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strategic partnerships for specified purposes, including

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in specified counties; requiring certain reports;

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providing additional duties and powers of the direct-

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support organization; requiring the direct-support

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organization to consider the participation of certain

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other counties; providing an effective date.

4/3/2008  4:37:00 PM     18-06068-08