| 1 | A bill to be entitled |
| 2 | An act relating to the decennial census; amending s. |
| 3 | 11.031, F.S.; requiring the Legislature to adjust federal |
| 4 | decennial census figures to include prisoners in the |
| 5 | geographic areas where they last resided before |
| 6 | incarceration rather than the facility where they were |
| 7 | residing at the time of the federal census; creating s. |
| 8 | 944.805, F.S.; requiring the Department of Corrections to |
| 9 | provide a report to the Legislature listing certain |
| 10 | information relating to prisoners in state correctional |
| 11 | institutions and federal facilities; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (1) of section 11.031, Florida |
| 17 | Statutes, is amended to read: |
| 18 | 11.031 Official census.- |
| 19 | (1) All acts of the Florida Legislature based upon |
| 20 | population and all constitutional apportionments shall be based |
| 21 | upon the last federal decennial statewide census as adjusted |
| 22 | under this subsection. For each prisoner included in the report |
| 23 | submitted by the Department of Corrections pursuant to s. |
| 24 | 944.805, the Legislature shall determine the geographic units |
| 25 | for which population counts are reported in the federal |
| 26 | decennial census which contain the last address where the |
| 27 | prisoner resided before incarceration. If that address is in |
| 28 | this state, the Legislature shall: |
| 29 | (a) Adjust all relevant population counts reported in the |
| 30 | census, including populations by age, gender, and race as if the |
| 31 | person resided at that address on the day the census reports |
| 32 | population. |
| 33 | (b) Eliminate the person from all applicable population |
| 34 | counts reported in the census for the geographic units in this |
| 35 | state which include the state correctional institution or |
| 36 | federal facility for which the census reports population. |
| 37 | Section 2. Section 944.805, Florida Statutes, is created |
| 38 | to read: |
| 39 | 944.805 Decennial census of prison population.- |
| 40 | (1) By June 1 of the year in which the federal decennial |
| 41 | census is conducted, the Department of Corrections shall submit |
| 42 | a report to the Legislature containing the following |
| 43 | information: |
| 44 | (a) The name of each prisoner incarcerated in a state |
| 45 | correctional institution or federal facility located in this |
| 46 | state on the date the census reports population who completed a |
| 47 | census form, responded to a census inquiry, or is included in |
| 48 | any report provided to census officials, if the form, response, |
| 49 | or report indicates that the prisoner resides at the |
| 50 | correctional institution or federal facility. |
| 51 | (b) The age, gender, and race of each prisoner included in |
| 52 | the report. |
| 53 | (c) The location of the state correctional institution or |
| 54 | federal facility where the prisoner is residing on the date the |
| 55 | population is counted. |
| 56 | (d) The last address where the prisoner resided before his |
| 57 | or her incarceration. |
| 58 | (2) The Secretary of Corrections shall request each agency |
| 59 | that operates a federal facility in this state which |
| 60 | incarcerates prisoners convicted of a federal criminal offense |
| 61 | to provide a report that includes the information listed in |
| 62 | subsection (1) for each prisoner residing at the facility. |
| 63 | Section 3. This act shall take effect July 1, 2011. |