Florida Senate - 2008 CS for CS for SB 546
By the Committees on Criminal and Civil Justice Appropriations; Governmental Operations; and Senator Wilson
604-08318-08 2008546c2
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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.; removing
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outdated provisions; providing additional duties and
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powers of the council; removing certain duties of the
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Attorney General; removing 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; requiring the direct-support
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organization to form strategic partnerships for specified
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purposes, including in specified counties; requiring
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certain reports; providing additional duties and powers of
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the direct-support organization; requiring the direct-
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support organization to consider expansion of
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participation in certain counties and initiation of
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participation of certain other counties; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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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), 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 department or agency
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which is otherwise a public record.
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(b) Make requests directly to the Joint Legislative
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Auditing Committee for assistance with research and monitoring of
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outcomes by the Office of Program Policy Analysis and Government
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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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(f) Work directly with, or request information and
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assistance on issues pertaining to education from, the
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historically black colleges and universities of this state.
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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 corporation, not for profit, incorporated
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under the provisions of chapter 617 and approved by the Secretary
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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 the 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 and 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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(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) Appointment of the board of directors to be made
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pursuant to this section.
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(i) 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 President of
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the Senate and the Speaker of the House of Representatives 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 President of the Senate.
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(d) Four members appointed by the Speaker of the House of
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Representatives.
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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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expand the 5000 Role Models of Excellence in Miami-Dade and
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Pinellas Counties and implement the 5000 Role Models of
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Excellence in Broward, Palm Beach, Duval, Orange, and
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Hillsborough Counties. 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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(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 person 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), which demonstrate a willingness to participate
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and an ability to be successful in any programs funded by the
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direct-support organization.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.