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.