CS/CS/HB 1395

1	A bill to be entitled
2	An act relating to the Council on the Social Status of
3	Black Men and Boys; amending s. 16.615, F.S.; removing
4	outdated provisions; providing additional duties and
5	powers of the council; removing certain duties of the
6	Attorney General; removing a provision that discontinues
7	the council under certain conditions; creating s. 16.616,
8	F.S.; creating a direct-support organization; specifying
9	duties and requiring a contract; providing contract
10	requirements; providing for appointment of members of the
11	board of directors; requiring the direct-support
12	organization to form strategic partnerships for specified
13	purposes, including in specified counties; requiring
14	certain reports; providing additional duties and powers of
15	the direct-support organization; requiring the direct-
16	support organization to consider the participation of
17	certain other counties; providing an appropriation;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 16.615, Florida Statutes, is amended to
23	read:
24	16.615  Council on the Social Status of Black Men and
25	Boys.--
26	(1)  The Council on the Social Status of Black Men and Boys
27	is established within the Department of Legal Affairs and shall
28	consist of 19 members appointed as follows:
29	(a)  Two members of the Senate who are not members of the
30	same political party, appointed by the President of the Senate
31	with the advice of the Minority Leader of the Senate.
32	(b)  Two members of the House of Representatives who are
33	not members of the same political party, appointed by the
34	Speaker of the House of Representatives with the advice of the
35	Minority Leader of the House of Representatives.
36	(c)  The Secretary of Children and Family Services or his
37	or her designee.
38	(d)  The director of the Mental Health Program Office
39	within the Department of Children and Family Services or his or
40	her designee.
41	(e)  The State Surgeon General or his or her designee.
42	(f)  The Commissioner of Education or his or her designee.
43	(g)  The Secretary of Corrections or his or her designee.
44	(h)  The Attorney General or his or her designee.
45	(i)  The Secretary of Management Services or his or her
46	designee.
47	(j)  The director of the Agency for Workforce Innovation or
48	his or her designee.
49	(k)  A businessperson who is an African American, as
50	defined in s. 760.80(2)(a), of black origin appointed by the
51	Governor.
52	(l)  Two persons appointed by the President of the Senate
53	who are not members of the Legislature or employed by state
54	government. One of the appointees must be a clinical
55	psychologist.
56	(m)  Two persons appointed by the Speaker of the House of
57	Representatives who are not members of the Legislature or
58	employed by state government. One of the appointees must be an
59	Africana studies professional.
60	(n)  The deputy secretary for Medicaid in the Agency for
61	Health Care Administration or his or her designee.
62	(o)  The Secretary of Juvenile Justice or his or her
63	designee.
64	(2)  Each member of the council shall be appointed to a 4-
65	year term; however, for the purpose of providing staggered
66	terms, of the initial appointments, 9 members shall be appointed
67	to 2-year terms and 10 members shall be appointed to 4-year
68	terms. A member of the council may be removed at any time by the
69	member's appointing authority who shall fill the vacancy on the
70	council.
71	(3)(a)  At the first meeting of the council each year, the
72	members shall elect a chair and a vice chair.
73	(b)  A vacancy in the office of chair or vice chair shall
74	be filled by vote of the remaining members.
75	(4)(a)  The council shall make a systematic study of the
76	conditions affecting black men and boys, including, but not
77	limited to, homicide rates, arrest and incarceration rates,
78	poverty, violence, drug abuse, death rates, disparate annual
79	income levels, school performance in all grade levels including
80	postsecondary levels, and health issues.
81	(b)  The council shall propose measures to alleviate and
82	correct the underlying causes of the conditions described in
83	paragraph (a). These measures may consist of changes to the law
84	or systematic changes that can be implemented without
85	legislative action.
86	(c)  The council may study other topics suggested by the
87	Legislature or as directed by the chair of the council.
88	(d)  The council shall receive suggestions or comments
89	pertinent to the applicable issues from members of the
90	Legislature, governmental agencies, public and private
91	organizations, and private citizens.
92	(e)  The council shall monitor outcomes of the direct-
93	support organization created pursuant to s. 16.616.
94	(f)  The council shall develop a strategic program and
95	funding initiative to establish local Councils on the Social
96	Status of Black Men and Boys.
97	(5)  The council may:
98	(a)  Access data held by any state departments or agencies,
99	which data is otherwise a public record.
100	(b)  Make requests directly to the Joint Legislative
101	Auditing Committee for assistance with research and monitoring
102	of outcomes by the Office of Program Policy Analysis and
103	Government Accountability.
104	(c)  Request, through council members who are also
105	legislators, research assistance from the Office of Economic and
106	Demographic Research within the Florida Legislature.
107	(d)  Request information and assistance from the state or
108	any political subdivision, municipal corporation, public
109	officer, or governmental department thereof.
110	(e)  Apply for and accept funds, grants, gifts, and
111	services from the state, the Federal Government or any of its
112	agencies, or any other public or private source for the purpose
113	of defraying clerical and administrative costs as may be
114	necessary for carrying out its duties under this section.
115	(f)  Work directly with, or request information and
116	assistance on issues pertaining to education from, Florida's
117	historically black colleges and universities.
118	(6)(5)  The Office of the Attorney General shall provide
119	staff and administrative support to the council.
120	(7)(6)  The council shall meet quarterly and at other times
121	at the call of the chair or as determined by a majority of
122	council members and approved by the Attorney General.
123	(8)(7)  Eleven of the members of the council shall
124	constitute a quorum, and an affirmative vote of a majority of
125	the members present is required for final action.
126	(9)(8)(a)  The council shall issue its first annual report
127	by December 15, 2007, and by December 15 each following year,
128	stating the findings, conclusions, and recommendations of the
129	council. The council shall submit the report to the Governor,
130	the President of the Senate, the Speaker of the House of
131	Representatives, and the chairpersons of the standing committees
132	of jurisdiction in each chamber.
133	(b)  The initial report must include the findings of an
134	investigation into factors causing black-on-black crime from the
135	perspective of public health related to mental health, other
136	health issues, cultural disconnection, and cultural identity
137	trauma.
138	(10)(9)  Members of the council shall serve without
139	compensation. Members are entitled to reimbursement for per diem
140	and travel expenses as provided in s. 112.061. State officers
141	and employees shall be reimbursed from the budget of the agency
142	through which they serve. Other members may be reimbursed by the
143	Department of Legal Affairs.
144	(11)(10)  The council and any subcommittees it forms are
145	shall be subject to the provisions of chapter 119, related to
146	public records, and the provisions of chapter 286, related to
147	public meetings.
148	(12)(11)  Each member of the council who is not otherwise
149	required to file a financial disclosure statement pursuant to s.
150	8, Art. II of the State Constitution or s. 112.3144, must file a
151	disclosure of financial interests pursuant to s. 112.3145.
152	(12)  Notwithstanding subsection (6), the Attorney General
153	shall:
154	(a)  Within 60 days after the effective date of this act,
155	fix a date for the initial meeting of the council.
156	(b)  Notify each member of the council of the time, date,
157	and place where the initial meeting will be held.
158	(c)  Make any other arrangements concerning the initial
159	meeting of the council.
160	(d)  Serve as the presiding officer at the initial meeting
161	of the council until a chair is elected.
162	(13)  This section expires July 1, 2012, unless reenacted
163	by the Legislature.
164	Section 2.  Section 16.616, Florida Statutes, is created to
165	read:
166	16.616  Direct-support organization.--
167	(1)  The Department of Legal Affairs shall establish a
168	direct-support organization that is:
169	(a)  A Florida corporation, not for profit, incorporated
170	under the provisions of chapter 617 and approved by the
171	Secretary of State.
172	(b)  Organized and operated exclusively to solicit funds;
173	request and receive grants, gifts, and bequests of money;
174	acquire, receive, hold, invest, and administer, in its own name,
175	property and funds; and make expenditures for the benefit of the
176	purposes as specified by this section.
177	(c)  Certified by the department, after review, to be
178	operating in a manner consistent with the statutory goals of the
179	organization and in the best interests of the state.
180	(2)  The direct-support organization shall operate under
181	written contract with the Department of Legal Affairs. The
182	contract must provide for:
183	(a)  Approval of the articles of incorporation and bylaws
184	of the direct-support organization by the department.
185	(b)  Submission of an annual budget for the approval by the
186	department.
187	(c)  Certification by the department that the direct-
188	support organization is complying with the terms of the contract
189	and in a manner consistent with the statutory goals and purposes
190	and in the best interests of the state. Such certification must
191	be made annually.
192	(d)  The reversion to the department of moneys and property
193	held in trust by the direct-support organization if the direct-
194	support organization is no longer approved to operate or ceases
195	to exist.
196	(e)  The disclosure of material provisions of the contract
197	and the distinction between the board of directors and the
198	direct-support organization to donors of gifts, contributions,
199	or bequests, as well as on all promotional and fundraising
200	publications.
201	(f)  An annual financial audit in accordance with s.
202	215.981.
203	(g)  The fiscal year of the direct-support organization, to
204	begin July 1 of each year and end June 30 of the following year.
205	(h)  Appointment of the board of directors to be made
206	pursuant to this section.
207	(i)  Authority of the board of directors of the direct-
208	support organization to hire an executive director.
209	(3)  The board of directors of the direct-support
210	organization shall consist of 13 members. Each member of the
211	board of directors shall be appointed to a 4-year term; however,
212	for the purpose of providing staggered terms, the Speaker of the
213	House of Representatives and the President of the Senate shall
214	each initially appoint two members to serve a 2-year term, and
215	the Attorney General and the chair of the Council on the Social
216	Status of Black Men and Boys shall each initially appoint one
217	member to serve a 2-year term. All subsequent appointments shall
218	be for 4-year terms. Any vacancy that occurs shall be filled in
219	the same manner as the original appointment and shall be for the
220	unexpired term of that seat. The board of directors shall be
221	appointed as follows:
222	(a)  Two members of the Council on the Social Status of
223	Black Men and Boys, appointed by the council chair.
224	(b)  Three members appointed by the Attorney General.
225	(c)  Four members appointed by the Speaker of the House of
226	Representatives.
227	(d)  Four members appointed by the President of the Senate.
228	(4)  In conjunction with the Council on the Social Status
229	of Black Men and Boys, and funded exclusively by the direct-
230	support organization, the direct-support organization shall form
231	strategic partnerships to foster the development of community
232	and private sector resources and shall act as a liaison with
233	state agencies, other state governments, and the public and
234	private sectors on matters that relate to underlying conditions
235	that affect black men and boys to bring about an environment
236	that promotes the values of learning, family, prosperity, unity,
237	and self-worth. To that end, the direct-support organization is
238	charged with the following duties:
239	(a)  Develop a strategic program and funding initiative to
240	expand the 5000 Role Models of Excellence in Miami-Dade and
241	Pinellas Counties and implement the 5000 Role Models of
242	Excellence in Broward, Palm Beach, Duval, Orange, and
243	Hillsborough Counties. The strategic program and funding
244	initiative shall be reported to the Legislature by February 15,
245	2009.
246	(b)  Develop a strategic program and funding initiative to
247	implement the Reading 4 Success Program by the 100 Black Men of
248	Florida in Broward, Miami-Dade, Palm Beach, Duval, Orange,
249	Pinellas, and Hillsborough Counties. The strategic program and
250	funding initiative shall be reported to the Legislature by
251	February 15, 2009.
252	(c)  Develop a strategic program and funding initiative to
253	implement the One Church, One Child program statewide. The
254	strategic program and funding initiative shall be reported to
255	the Legislature by February 15, 2009.
256	(d)  Develop a strategic program and funding initiative to
257	implement the Mapping the Future for Black Males Program within
258	community colleges identified by the Council on the Social
259	Status of Black Men and Boys. The strategic program and funding
260	initiative shall be reported to the Legislature by February 15,
261	2009.
262	(e)  Develop a public awareness and marketing campaign
263	showcasing programs funded by the direct-support organization,
264	as well as other opportunities to implement the statutory duties
265	of the direct-support organization and the Council on the Social
266	Status of Black Men and Boys, pursuant to s. 16.615(4). The
267	campaign should also encourage the idea that each one of us has
268	a responsibility to make a difference in the community.
269	(f)  Fund the clerical and administrative costs of the
270	Council on the Social Status of Black Men and Boys, as may be
271	necessary for carrying out the council's duties under s. 16.615.
272	(5)  The direct-support organization may:
273	(a)  Develop a strategic program and funding initiative to
274	implement a health-screening program using mobile screening
275	services.
276	(b)  Hold a statewide Black Policy Summit in conjunction
277	with a university in this state.
278	(c)  Create a compendium of intervention programs in each
279	county, which can be used to determine how to maximize existing
280	resources and address under-served populations or unmet needs.
281	(6)  The direct-support organization shall consider the
282	participation of counties, in addition to those specified in
283	subsection (4), that demonstrate a willingness to participate
284	and an ability to be successful in any programs funded by the
285	direct-support organization.
286	Section 3.  For fiscal year 2008-2009, the sum of $50,000
287	in nonrecurring funds is appropriated from the General Revenue
288	Fund to the Department of Legal Affairs for the purpose of
289	implementing the provisions of this act.
290	Section 4.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.