Florida Senate - 2014                                     SB 336
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00170-14                                            2014336__
    1                        A bill to be entitled                      
    2         An act relating to impact statements; creating s.
    3         11.52, F.S.; providing definitions; requiring that,
    4         upon the request of a member of the Legislature, the
    5         Office of Program Policy Analysis and Government
    6         Accountability prepare a racial and ethnic impact
    7         statement describing the anticipated effects of
    8         proposed legislation or a proposed amendment to the
    9         State Constitution on certain minority persons;
   10         providing requirements for the statement; requiring
   11         the office to file a statement relating to a proposed
   12         amendment to the State Constitution with the Secretary
   13         of State by a certain date; requiring the secretary to
   14         hold a hearing to solicit suggestions for changes to
   15         the statement and file such statement by a certain
   16         date; requiring that the statement be made available
   17         to the public; providing that a failure to file a
   18         statement does not prevent the inclusion of the
   19         measure on the ballot; amending s. 101.161, F.S.;
   20         requiring a ballot to include a racial and ethnic
   21         impact statement under certain circumstances; creating
   22         s. 120.90, F.S.; providing a definition; requiring an
   23         agency that awards grants to require each grant
   24         application to include a racial and ethnic impact
   25         statement; providing requirements for the statement;
   26         requiring the Department of Management Services to
   27         create a racial and ethnic impact statement form and
   28         distribute it to state agencies; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 11.52, Florida Statutes, is created to
   34  read:
   35         11.52 Racial and ethnic impact statements.
   36         (1) As used in this section, the term:
   37         (a) “Criminal offender population” means all persons who
   38  are convicted of a crime or adjudicated for an act that, if
   39  committed by an adult, would constitute a crime.
   40         (b) “Minority person” means a person who is:
   41         1. An African American and has origins in any of the black
   42  racial groups of the African Diaspora, regardless of cultural
   43  origin.
   44         2.A Hispanic American of Spanish or Portuguese culture and
   45  has origins in Spain, Portugal, Mexico, South America, Central
   46  America, or the Caribbean, regardless of race.
   47         3.An Asian American and has origins in any of the original
   48  peoples of the Far East, Southeast Asia, the Indian
   49  Subcontinent, or the Pacific Islands, including the Hawaiian
   50  Islands before 1778.
   51         4.A Native American who has origins in any of the Indian
   52  Tribes of North America before 1835, upon presentation of proper
   53  documentation as specified by rule of the Department of
   54  Management Services.
   55         5.An American woman.
   56         (c) “Office” means the Office of Program Policy Analysis
   57  and Government Accountability.
   58         (d) “Recipients of human services” means persons who are
   59  found to be within the jurisdiction of the juvenile court under
   60  chapter 985 or who receive child welfare services under chapter
   61  39.
   62         (2) At the request of a member of the Legislature, the
   63  office shall prepare a racial and ethnic impact statement for
   64  proposed legislation or a proposed amendment to the State
   65  Constitution. The racial and ethnic impact statement must be
   66  impartial, simple, and understandable and, for racial and ethnic
   67  groups for which data are available, include the following:
   68         (a) A description of the anticipated effects of proposed
   69  legislation or a proposed amendment to the State Constitution on
   70  the racial and ethnic composition of the criminal offender
   71  population or recipients of human services.
   72         (b) An estimate of how the proposed legislation would
   73  change the racial and ethnic composition of the criminal
   74  offender population or recipients of human services.
   75         (c) If the racial and ethnic impact statement addresses the
   76  effect of proposed legislation on the criminal offender
   77  population, an estimate of the racial and ethnic composition of
   78  the crime victims who may be affected by the proposed
   79  legislation.
   80         (d) A statement of the methodologies and assumptions used
   81  in preparing the estimates under paragraphs (b) and (c).
   82         (3) If the office has prepared a racial and ethnic impact
   83  statement for a proposed amendment to the State Constitution,
   84  the office shall file the statement with the Secretary of State
   85  by the 99th day before a special election held on the date of a
   86  primary election or any general election at which the proposed
   87  amendment to the State Constitution is to be submitted to the
   88  people.
   89         (a) By the 95th day before such election, the Secretary of
   90  State shall hold a public hearing with notice pursuant to s.
   91  120.525 to receive suggestions for changes to the statement or
   92  other relevant information. At the hearing, any person may
   93  submit suggested changes to the statement or other information
   94  relevant to the statement orally or in writing. Written
   95  suggestions for changes to the statement and any other
   96  information relevant to the statement also may be submitted at
   97  any time before the hearing.
   98         (b) The office shall consider suggestions and any other
   99  information submitted under paragraph (a) and may file a revised
  100  statement with the Secretary of State, and the Secretary of
  101  State shall certify such statement by the 90th day before the
  102  election.
  103         (c) All racial and ethnic impact statements made under this
  104  subsection shall be made available to the public.
  105         (d) Failure to prepare, file, or certify a racial and
  106  ethnic impact statement pursuant to this section does not
  107  prevent inclusion of the proposed amendment to the State
  108  Constitution on the ballot.
  109         Section 2. Subsection (5) is added to section 101.161,
  110  Florida Statutes, to read:
  111         101.161 Referenda; ballots.—
  112         (5) If a racial and ethnic impact statement has been
  113  requested and prepared pursuant to s. 11.52, the ballot must
  114  include such statement following the ballot summary.
  115         Section 3. Section 120.90, Florida Statutes, is created to
  116  read:
  117         120.90 Impact statements for grant applications.—
  118         (1) As used in this section, the term “minority person
  119  means a person who is:
  120         (a) An African American and has origins in any of the black
  121  racial groups of the African Diaspora, regardless of cultural
  122  origin.
  123         (b)A Hispanic American of Spanish or Portuguese culture
  124  and has origins in Spain, Portugal, Mexico, South America,
  125  Central America, or the Caribbean, regardless of race.
  126         (c)An Asian American and has origins in any of the
  127  original peoples of the Far East, Southeast Asia, the Indian
  128  Subcontinent, or the Pacific Islands, including the Hawaiian
  129  Islands before 1778.
  130         (d)A Native American and has origins in any of the Indian
  131  Tribes of North America before 1835, upon presentation of proper
  132  documentation as specified by rule of the Department of
  133  Management Services.
  134         (e)An American woman.
  135         (2) An agency that awards grants shall require that, for
  136  informational purposes, each grant application include a racial
  137  and ethnic impact statement, which must include, for racial and
  138  ethnic groups for which data are available, the following:
  139         (a) Any disproportionate or unique effect of proposed
  140  policies or programs funded by the grant on minority persons in
  141  this state.
  142         (b) A rationale for the existence of policies or programs
  143  funded by the grant which have a disproportionate or unique
  144  effect on minority persons in this state.
  145         (c) Evidence of consultation with representatives of
  146  minority persons in cases in which a proposed policy or program
  147  funded by the grant has a disproportionate or unique effect on
  148  minority persons in this state.
  149         (3) The Department of Management Services shall create and
  150  distribute a racial and ethnic impact statement form for state
  151  agencies and shall ensure that the statement is included in
  152  applications for grants awarded by state agencies.
  153         Section 4. This act shall take effect July 1, 2014.