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.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
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.