Florida Senate - 2021                                     SB 440
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00500-21                                            2021440__
    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
    4         federal decennial census figures to include prisoners
    5         in the geographic areas where they last resided before
    6         incarceration rather than the facility where they
    7         resided at the time of the federal census; creating s.
    8         944.805, F.S.; requiring the Department of Corrections
    9         to provide a report to the Legislature by a specified
   10         date listing certain information relating to prisoners
   11         in state correctional institutions and federal
   12         facilities; requiring the Secretary of Corrections to
   13         request certain agencies to provide such information
   14         in a report to the department; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 11.031, Florida
   20  Statutes, is amended to read:
   21         11.031 Official census.—
   22         (1) All acts of the Florida Legislature based upon
   23  population and all constitutional apportionments shall be based
   24  upon the last federal decennial statewide census as adjusted
   25  under this subsection. For each prisoner included in the report
   26  submitted by the Department of Corrections pursuant to s.
   27  944.805, the Legislature shall determine the geographic units
   28  for which population counts are reported in the federal
   29  decennial census and which contain the last address where the
   30  prisoner resided before incarceration. If that address is in
   31  this state, the Legislature shall:
   32         (a) Adjust all relevant population counts reported in the
   33  census, including populations by age, gender, and race, as if
   34  the person resided at that address on the day the census
   35  reported population; and
   36         (b) Remove the person from all applicable population counts
   37  reported in the census for the geographic units in this state
   38  which include the state correctional institution or federal
   39  facility for which the census reports population.
   40         Section 2. Section 944.805, Florida Statutes, is created to
   41  read:
   42         944.805 Decennial census of prison population.—
   43         (1) By June 1 of the year in which the federal decennial
   44  census is conducted, the Department of Corrections shall submit
   45  a report to the Legislature containing all of the following
   46  information:
   47         (a) The name of each prisoner incarcerated in a state
   48  correctional institution or federal facility located in this
   49  state who completed a census form, responded to a census
   50  inquiry, or was included in any report provided to census
   51  officials, if the form, response, or report indicates that the
   52  prisoner resided at the correctional institution or federal
   53  facility on the date the population was counted.
   54         (b) The age, gender, and race of each prisoner included in
   55  the report.
   56         (c) The location of the state correctional institution or
   57  federal facility where the prisoner resided on the date the
   58  population was counted.
   59         (d) The last address where the prisoner resided before his
   60  or her incarceration.
   61         (2) The Secretary of Corrections shall request each agency
   62  that operates a federal facility in this state which
   63  incarcerates prisoners convicted of a federal criminal offense
   64  to provide a report to the department which includes the
   65  information listed in subsection (1) for each prisoner residing
   66  at the facility.
   67         Section 3. This act shall take effect upon becoming a law.