Florida Senate - 2014 SB 402
By Senator Braynon
36-00484-14 2014402__
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.;
4 providing criteria for removal of a member of the
5 council; revising the duties of the council;
6 authorizing the council to identify initiatives and
7 programs that support the council’s mission and
8 strategic vision, study other topics suggested by the
9 Legislature or as directed by the chair of the
10 council, and subject to legislative appropriations,
11 use funds appropriated to the Department of Legal
12 Affairs to perform certain tasks; revising what
13 constitutes a quorum of the council; authorizing the
14 council to present its findings and strategic issues
15 at an annual statewide conference; providing for
16 reimbursement for per diem and travel expenses for
17 individuals and entities that make presentations to
18 the council regarding the mission or strategic vision
19 of the council; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 16.615, Florida Statutes, is amended to
24 read:
25 16.615 Council on the Social Status of Black Men and 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 not
33 members of the same political party, appointed by the Speaker of
34 the House of Representatives with the advice of the Minority
35 Leader of the House of Representatives.
36 (c) The Secretary of Children and Families Family Services
37 or his or her designee.
38 (d) The director of the Mental Health Program Office within
39 the Department of Children and Families Family Services or his
40 or 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 executive director of the Department of Economic
48 Opportunity or his or her designee.
49 (k) A businessperson who is an African American, as defined
50 in s. 760.80(2)(a), appointed by the Governor.
51 (l) Two persons appointed by the President of the Senate
52 who are not members of the Legislature or employed by state
53 government. One of the appointees must be a clinical
54 psychologist.
55 (m) Two persons appointed by the Speaker of the House of
56 Representatives who are not members of the Legislature or
57 employed by state government. One of the appointees must be an
58 Africana studies professional.
59 (n) The deputy secretary for Medicaid in the Agency for
60 Health Care Administration or his or her designee.
61 (o) The Secretary of Juvenile Justice or his or her
62 designee.
63 (2) Each member of the council shall be appointed to a 4
64 year term; however, for the purpose of providing staggered
65 terms, of the initial appointments, 9 members shall be appointed
66 to 2-year terms and 10 members shall be appointed to 4-year
67 terms. A member of the council may be removed at any time by the
68 member’s appointing authority, who shall fill the vacancy on the
69 council. A member of the council is deemed to have vacated his
70 or her position on the council and the member’s appointing
71 authority shall fill the vacated position if:
72 (a) The member has three consecutive unexcused absences. As
73 used in this paragraph, the term “unexcused absence” means the
74 member’s failure to notify the chair that the member will not be
75 present at a meeting of the council; or
76 (b) The member is absent for at least 50 percent of the
77 council meetings within a 12-month period.
78 (3)(a) At the first meeting of the council each year, the
79 members shall elect a chair and a vice chair.
80 (b) A vacancy in the office of chair or vice chair shall be
81 filled by vote of the remaining members.
82 (4)(a) The council shall:
83 (a) Make a systematic study of the conditions affecting
84 black men and boys, including, but not limited to, homicide
85 rates, arrest and incarceration rates, poverty, violence, drug
86 abuse, death rates, disparate annual income levels, school
87 performance in all grade levels, including postsecondary levels,
88 and health issues.
89 (b) The council shall Propose measures to alleviate and
90 correct the underlying causes of the conditions described in
91 paragraph (a). These measures may consist of changes to the law
92 or systematic changes that can be implemented without
93 legislative action.
94 (c) The council may study other topics suggested by the
95 Legislature or as directed by the chair of the council.
96 (c)(d) The council shall Receive suggestions or comments
97 pertinent to the applicable issues from members of the
98 Legislature, governmental agencies, public and private
99 organizations, and private citizens.
100 (d)(e) The council shall Monitor outcomes of the direct
101 support organization created pursuant to s. 16.616.
102 (e)(f) The council shall Develop a strategic program and
103 funding initiative to establish local Councils on the Social
104 Status of Black Men and Boys.
105 (f) Access data held by any state department or agency,
106 which data is otherwise a public record.
107 (g) Make requests directly to the Joint Legislative
108 Auditing Committee for assistance with the research and
109 monitoring of the outcomes provided by the Office of Program
110 Policy Analysis and Government Accountability.
111 (h) Request, through council members who are also
112 legislators, research assistance from the Office of Economic and
113 Demographic Research within the Legislature.
114 (i) Request information and assistance from the state or
115 any political subdivision, municipal corporation, public
116 officer, or governmental department thereof.
117 (j) Apply for and accept funds, grants, gifts, and services
118 from the state, the Federal Government or any of its agencies,
119 or any other public or private source for the purpose of
120 defraying clerical and administrative costs as may be necessary
121 for carrying out its duties under this section.
122 (k) Work directly with, or request information and
123 assistance on issues pertaining to education from, this state’s
124 historically black colleges and universities.
125 (5) The council may:
126 (a) Identify initiatives and programs that support the
127 council’s mission and strategic vision;
128 (b) Study other topics suggested by the Legislature or as
129 directed by the chair of the council; and
130 (c) Subject to legislative appropriations, use funds
131 appropriated to the Department of Legal Affairs for the council
132 to:
133 1. Conduct additional research and studies that support the
134 council’s mission and strategic vision;
135 2. Provide information and assistance in the establishment
136 of local Councils on the Social Status of Black Men and Boys;
137 and
138 3. Host an annual statewide conference as provided in
139 paragraph (9)(a).
140 (a) Access data held by any state departments or agencies,
141 which data is otherwise a public record.
142 (b) Make requests directly to the Joint Legislative
143 Auditing Committee for assistance with research and monitoring
144 of outcomes by the Office of Program Policy Analysis and
145 Government Accountability.
146 (c) Request, through council members who are also
147 legislators, research assistance from the Office of Economic and
148 Demographic Research within the Florida Legislature.
149 (d) Request information and assistance from the state or
150 any political subdivision, municipal corporation, public
151 officer, or governmental department thereof.
152 (e) Apply for and accept funds, grants, gifts, and services
153 from the state, the Federal Government or any of its agencies,
154 or any other public or private source for the purpose of
155 defraying clerical and administrative costs as may be necessary
156 for carrying out its duties under this section.
157 (f) Work directly with, or request information and
158 assistance on issues pertaining to education from, Florida’s
159 historically black colleges and universities.
160 (6) The Office of the Attorney General shall provide staff
161 and administrative support to the council.
162 (7) The council shall meet quarterly and at other times at
163 the call of the chair or as determined by a majority of council
164 members and approved by the Attorney General.
165 (8) Nine Eleven of the members of the council constitute a
166 quorum, and an affirmative vote of a majority of the members
167 present is required for final action.
168 (9)(a) The council shall issue an its first annual report
169 by December 15, 2007, and by December 15 of each following year,
170 stating the findings, conclusions, and recommendations of the
171 council. The council shall submit the report to the Governor,
172 the President of the Senate, the Speaker of the House of
173 Representatives, and the chairs chairpersons of the standing
174 committees of jurisdiction in each house chamber. The council
175 may also present its findings and its strategic issues regarding
176 the status of black men and boys at an annual statewide
177 conference hosted by the council. The strategic issues include
178 all of the following:
179 1. Removing the barriers to healthy lifestyles, health
180 care, and community-based support and prevention services.
181 2. Ensuring a commitment to education and lifelong
182 learning.
183 3. Addressing the disproportionately high rate of
184 unemployment and unstable economic conditions.
185 4. Addressing crime prevention and criminal justice issues
186 that adversely and disproportionately affect black men and boys.
187 5. Promoting community awareness, leadership, and
188 sustainable community and agency partnerships.
189 (b) The initial report must include the findings of an
190 investigation into factors causing black-on-black crime from the
191 perspective of public health related to mental health, other
192 health issues, cultural disconnection, and cultural identity
193 trauma.
194 (10) Members of the council shall serve without
195 compensation. Members are entitled to reimbursement for per diem
196 and travel expenses as provided in s. 112.061. State officers
197 and employees shall be reimbursed from the budget of the agency
198 through which they serve. Other members may be reimbursed by the
199 Department of Legal Affairs. The council may also reimburse per
200 diem and travel expenses at the same rate provided for public
201 employees under s. 112.061 for individuals and entities that
202 make presentations to the council regarding the council’s
203 mission or strategic vision. These individuals and entities
204 shall be paid from funds appropriated to the council for that
205 purpose.
206 (11) The council and any subcommittees it forms are subject
207 to the provisions of chapter 119, related to public records, and
208 the provisions of chapter 286, related to public meetings.
209 (12) Each member of the council who is not otherwise
210 required to file a financial disclosure statement pursuant to s.
211 8, Art. II of the State Constitution or s. 112.3144, must file a
212 disclosure of financial interests pursuant to s. 112.3145.
213 Section 2. This act shall take effect July 1, 2014.