Florida Senate - 2014                              CS for SB 274
       By the Committee on Criminal Justice; and Senator Simmons
       591-00793-14                                           2014274c1
    1                        A bill to be entitled                      
    2         An act relating to inmate reentry; amending s.
    3         322.051, F.S.; waiving the fee for identification
    4         cards issued to certain inmates; amending s. 382.0255,
    5         F.S.; requiring a waiver of fees for certain inmates
    6         receiving a copy of a birth certificate; amending s.
    7         944.605, F.S.; requiring the Department of Corrections
    8         to work with other agencies in acquiring necessary
    9         documents for certain inmates to acquire an
   10         identification card before release; providing
   11         exceptions; requiring the department to provide
   12         specified assistance to inmates born outside this
   13         state; requiring a report; amending s. 944.803, F.S.;
   14         authorizing the department to operate male and female
   15         faith- and character-based institutions; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (9) of section 322.051, Florida
   21  Statutes, is amended to read:
   22         322.051 Identification cards.—
   23         (9) Notwithstanding any other provision of this section or
   24  s. 322.21 to the contrary, the department shall issue or renew a
   25  card at no charge to a person who presents evidence satisfactory
   26  to the department that he or she is homeless as defined in s.
   27  414.0252(7) or to an inmate receiving a card issued pursuant to
   28  s. 944.605(7).
   29         Section 2. Subsection (3) of section 382.0255, Florida
   30  Statutes, is amended to read:
   31         382.0255 Fees.—
   32         (3) Fees shall be established by rule. However, until rules
   33  are adopted, the fees assessed pursuant to this section shall be
   34  the minimum fees cited. The fees established by rule must be
   35  sufficient to meet the cost of providing the service. All fees
   36  shall be paid by the person requesting the record, are due and
   37  payable at the time services are requested, and are
   38  nonrefundable, except that, when a search is conducted and no
   39  vital record is found, any fees paid for additional certified
   40  copies shall be refunded. The department may waive all or part
   41  of the fees required under this section for any government
   42  entity. The department shall waive all fees required under this
   43  section for a certified copy of a birth certificate issued for
   44  purposes of an inmate acquiring a state identification card
   45  before release pursuant to s. 944.605(7).
   46         Section 3. Subsection (7) is added to section 944.605,
   47  Florida Statutes, to read:
   48         944.605 Inmate release; notification; identification card.—
   49         (7)(a) The department, working in conjunction with the
   50  Department of Health and the Department of Highway Safety and
   51  Motor Vehicles, shall provide every Florida-born inmate with a
   52  certified copy of their birth certificate and a state
   53  identification card before his or her release upon expiration of
   54  the inmate’s sentence.
   55         (b) Paragraph (a) does not apply to inmates who:
   56         1. The department determines have a valid driver license or
   57  state identification card.
   58         2. Have an active detainer, unless the department
   59  determines that cancellation of the detainer is likely or that
   60  the incarceration for which the detainer was issued will be less
   61  than 12 months in duration.
   62         3. Are released due to an emergency release or a
   63  conditional medical release under s. 947.149.
   64         4. Are not in the physical custody of the department at or
   65  within 180 days before release.
   66         5. Are subject to sex offender residency restrictions, and
   67  who, upon release under such restrictions, do not have a
   68  qualifying address.
   69         (c) The department shall assist each inmate in applying for
   70  and obtaining a social security card before release if the
   71  inmate needs a social security card.
   72         (d) The department, for purposes of assisting the inmate in
   73  obtaining a birth certificate, shall submit to the Department of
   74  Health on all Florida-born inmates in its custody, the
   75  department’s inmate photo or digitized photo, and as provided by
   76  the inmate his or her date of birth, full name at birth and any
   77  subsequent legal name changes, city or county of birth, mother’s
   78  full name including her maiden surname, and father’s full name.
   79  Failure of the inmate to cooperate with the department in
   80  providing this information may subject the inmate to
   81  disciplinary action.
   82         (e) For inmates born outside of this state, the department
   83  shall assist the inmate in completing the necessary forms or
   84  applications to obtain a social security card, driver license,
   85  or state identification card. The department shall also provide
   86  the inmate with the location and address of the appropriate
   87  licensing authority the inmate will need to obtain a valid
   88  identification card in proximity to the inmate’s release
   89  address.
   90         (f) The department shall, as part of its annual report,
   91  provide a report that identifies the number of inmates released
   92  with and without identification cards, identifies any
   93  impediments in the implementation of this subsection, and
   94  provides recommendations to improve obtaining release documents
   95  and identification cards for all inmates.
   96         Section 4. Subsections (2) and (6) of section 944.803,
   97  Florida Statutes, are amended to read:
   98         944.803 Faith- and character-based programs.—
   99         (2) It is the intent of the Legislature that the department
  100  expand the faith- and character-based initiative through the use
  101  of faith- and character-based institutions. The department is
  102  encouraged to phase out the faith-based and self improvement
  103  dormitory programs and move toward the goal of only implementing
  104  faith- and character-based institutions. The department is also
  105  encouraged to dedicate and maintain faith- and character-based
  106  institutions that serve both male and female inmates at their
  107  respective institutions.
  108         (6) Within faith- and character-based institutions of the
  109  state correctional system, peer-to-peer programming shall be
  110  offered allowed, such as Alcoholics Anonymous, literacy
  111  instruction, and other activities, when appropriate.
  112         Section 5. This act shall take effect July 1, 2014.