Florida Senate - 2014 SB 274
By Senator Simmons
1 A bill to be entitled
2 An act relating to inmate reentry; amending s.
3 322.051, F.S.; requiring the Department of Highway
4 Safety and Motor Vehicles to waive the fee for
5 identification cards issued to certain inmates;
6 amending s. 382.0255, F.S.; requiring the Department
7 of Health to waive fees for certain inmates receiving
8 a copy of a birth certificate; amending s. 944.605,
9 F.S.; requiring the Department of Corrections to work
10 with other agencies to procure the necessary documents
11 for certain inmates to acquire an identification card
12 before release; providing exceptions; requiring the
13 department to assist inmates born outside this state
14 in obtaining identification cards; requiring the
15 department to assist inmates in applying for a social
16 security card; requiring a report; amending s.
17 944.803, F.S.; encouraging the department to operate
18 and maintain faith- and character-based institutions
19 that serve both male and female inmates at their
20 respective institutions; providing an effective date.
22 Be It Enacted by the Legislature of the State of Florida:
24 Section 1. Subsection (9) of section 322.051, Florida
25 Statutes, is amended to read:
26 322.051 Identification cards.—
27 (9) Notwithstanding any other provision of this section or
28 s. 322.21
to the contrary, the department shall issue or renew a
29 card at no charge to a person who presents satisfactory evidence
30 satisfactory to the department that he or she is homeless as
31 defined in s. 414.0252(7) or to an inmate receiving a card
32 issued pursuant to s. 944.605(4).
33 Section 2. Subsection (3) of section 382.0255, Florida
34 Statutes, is amended to read:
35 382.0255 Fees.—
36 (3) Fees shall be established by rule and . However, until
37 rules are adopted, the fees assessed pursuant to this section
38 shall be the minimum fees cited. The fees established by rule
39 must be sufficient to meet the cost of providing the service.
40 However, until rules are adopted, the fees assessed must be the
41 minimum amount specified in this section.
42 (a) All fees shall be paid by the person requesting the
43 record, are due and payable at the time services are requested,
44 and are nonrefundable, except that, if when a search is
45 conducted and no vital record is found, any fees paid for
46 additional certified copies must shall be refunded.
47 (b) The department may waive all or part of the fees
48 required under this section for any government entity.
49 (c) The department shall waive the fees for a certified
50 copy of a birth certificate which is issued in order to allow an
51 inmate to acquire a state identification card before release as
52 provided under s. 944.605(4).
53 Section 3. Section 944.605, Florida Statutes, is amended to
55 944.605 Inmate release; notification; identification
57 (1)(a) Within 6 months before the release of an inmate from
58 the custody of the department of Corrections or a private
59 correctional facility by expiration of sentence under s.
60 944.275, a any release program provided by law, or parole under
61 chapter 947, or as soon as possible if the offender is released
62 earlier than anticipated: ,
63 1. The department shall provide notification of the such
64 anticipated release date shall be made known by the department
65 of Correcti ons to the chief judge of the circuit in which the
66 offender was sentenced, the appropriate state attorney, the
67 original arresting law enforcement agency, the Department of Law
68 Enforcement, and the sheriff as chief law enforcement officer of
69 the county in which the inmate plans to reside.
70 2. The department or the state attorney, whichever is
71 appropriate, shall provide notification of the anticipated
72 release date In addition, unless otherwise requested by the
73 victim, the victim’s parent or guardian if the victim is a
74 minor, the lawful representative of the victim or of the
75 victim’s parent or guardian if the victim is a minor, or the
76 victim’s next of kin in the case of a homicide, if the state
77 attorney or the department of Corrections, whichever is
78 appropriate, shall notify such person within 6 months before the
79 inmate’s release, or as soon as possible if the offender is
80 released earlier than anticipated, whe n the name and address of
81 such victim, or the name and address of the parent, guardian,
82 next of kin, or lawful representative of the victim has been
83 furnished to the agency. The state attorney shall provide the
84 latest address documented for the victim, or for the victim’s
85 parent, guardian, next of kin, or lawful representative, as
86 applicable, to the sheriff with the other documents required by
87 law for the delivery of inmates to those agencies for service of
89 (b) Upon request, within 30 days after an inmate is
90 approved for community work release, the department shall notify
91 the state attorney, the victim, the victim’s parent or guardian
92 if the victim is a minor, the victim’s next of kin in the case
93 of a homicide, or the lawful representative of the victim or of
94 the victim’s parent or guardian if the victim is a minor shall
95 be notified that the inmate has been approved for community work
97 (c) At least 10 days before the anticipated date of work
98 release, the department shall notify in writing the county law
99 enforcement agency in the county in this state in which the
100 inmate is scheduled to be released.
101 (d) This section does not imply any repeal or modification
102 of any provision of law relating to notification of victims.
103 (2) Within 60 days before the anticipated release of an
104 inmate under subsection (1), a digitized photograph of the
105 inmate to be released shall be made by the department of
106 Corrections or a private correctional facility, whichever has
107 custody of the inmate. If a private correctional facility makes
108 the digitized photograph, the this photograph shall be provided
109 to the department of Corrections. Additionally, The digitized
110 photograph, whether made by the department of Corrections or a
111 private correctional facility, shall be placed in the inmate’s
113 (a) The department of Corrections shall make the digitized
114 photograph available electronically to the Department of Law
115 Enforcement as soon as the digitized photograph is in the
116 department’s database. The digitized photograph and must be in a
117 format that is compatible with the requirements of the Florida
118 Crime Information Center. The department shall provide a copy of
119 the digitized photograph to a local law enforcement agency upon
121 (b) An inmate who refuses to submit to the taking of a
122 digitized photograph commits a felony of the third degree,
123 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
124 (3)(a) If an inmate is to be released after having served
125 one or more sentences for a conviction of robbery, sexual
126 battery, home-invasion robbery, or carjacking, or if an inmate
127 to be released has a prior conviction in this state or in
128 another jurisdiction for robbery, sexual battery, home-invasion
129 robbery, or carjacking or similar offense which is noted , in
130 this state or in another jurisdiction, and if such prior
131 conviction information is contained in department records,
132 within 6 months before the discharge of the inmate from the
133 custody of the department the department shall release to the
134 sheriff of the county in which the inmate plans to reside, and,
135 if the inmate plans to reside within a municipality, to the
136 chief of police of that municipality, the following information,
137 which must include, but need not be limited to:
138 1. Name.
139 2. Social security number.
140 3. Date of birth.
141 4. Race.
142 5. Sex.
143 6. Height.
144 7. Weight.
145 8. Hair and eye color.
146 9. Tattoos or other identifying marks.
147 10. Fingerprints.
148 11. A digitized photograph as provided under in subsection
151 The department shall release the information specified in this
152 paragraph within 6 months prior to the discharge of the inmate
153 from the custody of the department.
154 (b) The department may electronically submit the
155 information specified listed in paragraph (a) to the sheriff of
156 the county in which the inmate plans to reside , and, if the
157 inmate plans to reside within a municipality, to the chief of
158 police of that municipality.
159 (4) The department, in conjunction with the Department of
160 Health and the Department of Highway Safety and Motor Vehicles,
161 shall provide each inmate who is in the custody of the
162 department and who was born in this state with a certified copy
163 of his or her birth certificate and a state identification card
164 before his or her release.
165 (a) In order to obtain a copy of the inmate’s certified
166 birth certificate, the department shall submit all of the
167 following to the Department of Health:
168 1. A copy of the inmate’s photograph or digitized
170 2. The inmate’s date of birth, full name at birth, and any
171 subsequent legal name changes.
172 3. The municipality or county where the inmate was born.
173 4. The inmate’s mother’s full name, including her maiden
175 5. The inmate’s father’s full name.
176 (b) An inmate who does not cooperate in providing the
177 photograph or information required under paragraph (a) may be
178 subject to disciplinary action.
179 (c) This subsection does not apply to an inmate who:
180 1. The department determines has a valid driver license or
181 state identification card;
182 2. Has an active detainer, unless the department determines
183 that cancellation of the detainer is likely or that the
184 incarceration for which the detainer was issued will be less
185 than 12 months in duration;
186 3. Is released due to an emergency release or a conditional
187 medical release under s. 947.149;
188 4. Is not in the physical custody of the department at or
189 within 180 days before release; or
190 5. Is subject to sex offender residency restrictions upon
191 release and does not have a qualifying address.
192 (5) The department shall assist each inmate in the custody
193 of the department who was born outside of this state to obtain
194 and complete the necessary forms or applications in order to
195 receive a birth certificate, driver license, or other
196 identification card issued by the appropriate state.
197 (6) The department shall assist each inmate in the custody
198 of the department who needs a social security card to apply for
199 and obtain a social security card before release from
201 (7) In its annual report, the department shall identify the
202 number of inmates released with and without identification cards
203 during the previous year. The report must identify any
204 impediment to implementing subsections (4)-(6) and provide
205 recommendations that facilitate obtaining release documents and
206 identification cards for all inmates.
207 (4) An inmate who refuses to submit to the taking of a
208 digitized photograph commits a felony of the third degree,
209 punishable as provided in s. 775.082, s. 775.083, or s. 775.084 .
210 (5) The department shall, at least 10 days before the
211 anticipated date of release on work release of an inmate, notify
212 in writing the county law enforcement agency in the county in
213 this state in which the inmate is scheduled to be released.
214 (6) Upon request of the victim, the personal representative
215 of the victim, or the state attorney, the department shall
216 notify the requesting person when an inmate has been approved
217 for community work release within 30 days after the date of
219 Section 4. Subsections (2) and (6) of section 944.803,
220 Florida Statutes, are amended to read:
221 944.803 Faith- and character-based programs.—
222 (2) It is the intent of the Legislature that the department
223 expand the faith- and character-based initiative through the use
224 of faith- and character-based institutions. The department is
225 encouraged to phase out the faith-based and self-improvement
226 self improvement dormitory programs and move toward the goal of
227 implementing and maintaining only implementing faith- and
228 character-based institutions for male and female inmates.
229 (6) Within faith- and character-based institutions of the
230 state correctional system, peer-to-peer programming shall be
231 offered allowed, such as Alcoholics Anonymous and , literacy
232 instruction , and other activities , when appropriate.
233 Section 5. This act shall take effect July 1, 2014.