Florida Senate - 2014                       CS for CS for SB 274
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Simmons
       576-03293-14                                           2014274c2
    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. 322.17,
    5         F.S.; waiving the fee for replacement driver licenses
    6         issued to certain inmates; amending s. 382.0255, F.S.;
    7         requiring a waiver of fees for certain inmates
    8         receiving a copy of a birth certificate; amending s.
    9         944.605, F.S.; requiring the Department of Corrections
   10         to work with other agencies in acquiring necessary
   11         documents for certain inmates to acquire an
   12         identification card before release; providing
   13         exceptions; requiring the department to provide an
   14         inmate with a replacement identification card or
   15         replacement driver license under certain
   16         circumstances; requiring the Department of Highway
   17         Safety and Motor Vehicles to issue a temporary permit
   18         under certain circumstances; requiring the Department
   19         of Corrections to provide specified assistance to
   20         inmates born outside this state; requiring a report;
   21         amending s. 944.803, F.S.; authorizing the department
   22         to operate male and female faith- and character-based
   23         institutions; providing an appropriation; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Subsection (9) of section 322.051, Florida
   29  Statutes, is amended to read:
   30         322.051 Identification cards.—
   31         (9) Notwithstanding any other provision of this section or
   32  s. 322.21 to the contrary, the department shall issue or renew a
   33  card at no charge to a person who presents evidence satisfactory
   34  to the department that he or she is homeless as defined in s.
   35  414.0252(7) or to an inmate receiving a card or replacement card
   36  pursuant to s. 944.605(7).
   37         Section 2. Subsection (4) is added to section 322.17,
   38  Florida Statutes, to read:
   39         322.17 Replacement licenses and permits.—
   40         (4) Notwithstanding any other provisions of this section or
   41  s. 322.21, the department shall issue a replacement driver
   42  license at no charge to an inmate receiving a replacement driver
   43  license pursuant to s. 944.605(7).
   44         Section 3. Subsection (3) of section 382.0255, Florida
   45  Statutes, is amended to read:
   46         382.0255 Fees.—
   47         (3) Fees shall be established by rule. However, until rules
   48  are adopted, the fees assessed pursuant to this section shall be
   49  the minimum fees cited. The fees established by rule must be
   50  sufficient to meet the cost of providing the service. All fees
   51  shall be paid by the person requesting the record, are due and
   52  payable at the time services are requested, and are
   53  nonrefundable, except that, when a search is conducted and no
   54  vital record is found, any fees paid for additional certified
   55  copies shall be refunded. The department may waive all or part
   56  of the fees required under this section for any government
   57  entity. The department shall waive all fees required under this
   58  section for a certified copy of a birth certificate issued for
   59  purposes of an inmate acquiring a state identification card
   60  before release, pursuant to s. 944.605(7).
   61         Section 4. Subsection (7) is added to section 944.605,
   62  Florida Statutes, to read:
   63         944.605 Inmate release; notification; identification card.—
   64         (7)(a) The department, working in conjunction with the
   65  Department of Health and the Department of Highway Safety and
   66  Motor Vehicles, shall provide every Florida-born inmate with a
   67  certified copy of his or her birth certificate and a state
   68  identification card before his or her release upon expiration of
   69  the inmate’s sentence. A replacement driver license or
   70  replacement state identification card shall be provided in lieu
   71  of a state identification card if an inmate has a valid driver
   72  license or state identification card issued by the Department of
   73  Highway Safety and Motor Vehicles which was lost, destroyed, or
   74  stolen. If the replacement state identification card or
   75  replacement driver license issued is within 6 months of
   76  expiration, the Department of Highway Safety and Motor Vehicles
   77  may also issue a temporary permit valid for at least 6 months
   78  after the release date to assist the inmate in his or her
   79  transition.
   80         (b) Paragraph (a) does not apply to inmates who:
   81         1. The department determines have a valid driver license or
   82  state identification card, unless the state identification card
   83  or driver license has been lost, destroyed, or stolen.
   84         2. Have an active detainer, unless the department
   85  determines that cancellation of the detainer is likely or that
   86  the incarceration for which the detainer was issued will be less
   87  than 12 months in duration.
   88         3. Are released due to an emergency release or a
   89  conditional medical release under s. 947.149.
   90         4. Are not in the physical custody of the department at or
   91  within 180 days before release.
   92         5. Are subject to sex offender residency restrictions, and
   93  who, upon release under such restrictions, do not have a
   94  qualifying address.
   95         (c) The department shall assist each inmate in applying for
   96  and obtaining a social security card before release if the
   97  inmate needs a social security card.
   98         (d) The department, for purposes of assisting the inmate in
   99  obtaining a birth certificate, shall submit to the Department of
  100  Health on all Florida-born inmates in its custody, the
  101  department’s inmate photo or digitized photo, and as provided by
  102  the inmate his or her date of birth, full name at birth and any
  103  subsequent legal name changes, city or county of birth, mother’s
  104  full name including her maiden surname, and father’s full name.
  105         (e) For inmates born outside of this state, the department
  106  shall assist the inmate in completing the necessary forms or
  107  applications to obtain a social security card, driver license,
  108  or state identification card. The department shall also provide
  109  the inmate with the location and address of the appropriate
  110  licensing authority the inmate will need to obtain a valid
  111  identification card in proximity to the inmate’s release
  112  address.
  113         (f) The department shall, as part of its annual report,
  114  provide a report that identifies the number of inmates released
  115  with and without identification cards or driver licenses,
  116  identifies any impediments in the implementation of this
  117  subsection, and provides recommendations to improve obtaining
  118  release documents and identification cards for all inmates.
  119         Section 5. Subsections (2) and (6) of section 944.803,
  120  Florida Statutes, are amended to read:
  121         944.803 Faith- and character-based programs.—
  122         (2) It is the intent of the Legislature that the department
  123  expand the faith- and character-based initiative through the use
  124  of faith- and character-based institutions. The department is
  125  encouraged to phase out the faith-based and self improvement
  126  dormitory programs and move toward the goal of only implementing
  127  faith- and character-based institutions. The department is also
  128  encouraged to dedicate and maintain faith- and character-based
  129  institutions that serve both male and female inmates at their
  130  respective institutions.
  131         (6) Within faith- and character-based institutions of the
  132  state correctional system, peer-to-peer programming shall be
  133  offered allowed, such as Alcoholics Anonymous, literacy
  134  instruction, and other activities, when appropriate.
  135         Section 6. There is appropriated to the Department of
  136  Highway Safety and Motor Vehicles for the 2014-2015 fiscal year
  137  the sums of $221,276 in recurring funds and $243,782 in
  138  nonrecurring funds from the Highway Safety Operating Trust Fund
  139  for the purpose of purchasing, equipping, and operating mobile
  140  licensing vehicles whose primary responsibility shall be to
  141  issue identification and licensing credentials to inmates before
  142  their release from the custody of the Department of Corrections.
  143         Section 7. This act shall take effect July 1, 2014.