Florida Senate - 2010                                    SB 1386
       
       
       
       By Senator Bullard
       
       
       
       
       39-01049-10                                           20101386__
    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 were
    7         residing at the time of the federal census; creating
    8         s. 944.805, F.S.; requiring the Department of
    9         Corrections to provide a report to the Legislature
   10         listing certain information relating to prisoners in
   11         state correctional institutions and federal
   12         facilities; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 11.031, Florida
   17  Statutes, is amended to read:
   18         11.031 Official census.—
   19         (1) All acts of the Florida Legislature based upon
   20  population and all constitutional apportionments shall be based
   21  upon the last federal decennial statewide census as adjusted
   22  under this subsection. For each prisoner included in the report
   23  submitted by the Department of Corrections pursuant to s.
   24  944.805, the Legislature shall determine the geographic units
   25  for which population counts are reported in the federal
   26  decennial census which contain the last address where the
   27  prisoner resided before incarceration. If that address is in
   28  this state, the Legislature shall:
   29         (a) Adjust all relevant population counts reported in the
   30  census, including populations by age, gender, and race as if the
   31  person resided at that address on the day the census reports
   32  population.
   33         (b) Eliminate the person from all applicable population
   34  counts reported in the census for the geographic units in this
   35  state which include the state correctional institution or
   36  federal facility for which the census reports population.
   37         Section 2. Section 944.805, Florida Statutes, is created to
   38  read:
   39         944.805 Decennial census of prison population.—
   40         (1) By June 1 of the year in which the federal decennial
   41  census is conducted, the Department of Corrections shall submit
   42  a report to the Legislature containing the following
   43  information:
   44         (a) The name of each prisoner incarcerated in a state
   45  correctional institution or federal facility located in this
   46  state on the date the census reports population who completed a
   47  census form, responded to a census inquiry, or is included in
   48  any report provided to census officials, if the form, response,
   49  or report indicates that the prisoner resides at the
   50  correctional institution or federal facility.
   51         (b) The age, gender, and race of each prisoner included in
   52  the report.
   53         (c) The location of the state correctional institution or
   54  federal facility where the prisoner is residing on the date the
   55  population is counted.
   56         (d) The last address where the prisoner resided before his
   57  or her incarceration.
   58         (2) The Secretary of Corrections shall request each agency
   59  that operates a federal facility in this state which
   60  incarcerates prisoners convicted of a federal criminal offense
   61  to provide a report that includes the information listed in
   62  subsection (1) for each prisoner residing at the facility.
   63         Section 3. This act shall take effect July 1, 2010.