CHAPTER 16 ATTORNEY GENERAL

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1 CHAPTER 16 ATTORNEY GENERAL Residence, office, and duties of Attorney General Legal services; Department of Legal Affairs, other counsel Contingency fee agreements Payment of per diem, mileage, and other expense Appointment of person to act in case of disability of Attorney General Initiative petitions Superintendence and direction of state attorneys Regulations as to the reports of state attorneys Receipt of Supreme Court reports for office Supreme Court reporter Participation in preserving constitutional integrity of state Legal Affairs Revolving Trust Fund Legal Services Trust Fund Florida Crime Prevention Training Institute; revolving trust fund Crime Stoppers Trust Fund; rulemaking Crime Stoppers Trust Fund Office of Statewide Prosecution Office of Civil Rights Medicaid fraud control Public records mediation program within the Office of the Attorney General; creation; duties Council on the Social Status of Black Men and Boys Direct-support organization Residence, office, and duties of Attorney General. The Attorney General: (1) Shall reside at the seat of government and shall keep his or her office in the capitol. Page 1 of 23

2 (2) Shall perform the duties prescribed by the Constitution of this state and also perform such other duties appropriate to his or her office as may from time to time be required of the Attorney General by law or by resolution of the Legislature. (3) Notwithstanding any other provision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give an official opinion and legal advice in writing on any question of law relating to the official duties of the requesting officer. (4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeal of this state. (5) Shall appear in and attend to such suits or prosecutions in any other of the courts of this state or in any courts of any other state or of the United States. This subsection is not intended to authorize the joinder of the Attorney General as a party in such suits or prosecutions. (6) Shall act as co-counsel of record in capital collateral proceedings. (7) Shall have and perform all powers and duties incident or usual to such office. (8) Shall make and keep in his or her office a record of all his or her official acts and proceedings, containing copies of all official opinions, reports, and correspondence, and also keep and preserve in the office all official letters and communications to him or her and cause a registry and index thereof to be made and kept, all of which official papers and records shall be subject to the inspection of the Governor of the state and to the disposition of the Legislature by act or resolution thereof. (9) May periodically publish a report of his or her official opinions and may prepare and publish an index or consolidated index or indexes of opinions. Page 2 of 23

3 History. s. 2, ch. 2, 1845; ch. 1845, 1871; RS 85; GS 87; RGS 101; CGL 125; s. 7, ch , 1945; s. 7, ch. 59-1; s. 1, ch ; s. 1, ch ; s. 7, ch ; s. 1, ch ; s. 45, ch ; s. 10, ch ; s. 6, ch Legal services; Department of Legal Affairs, other counsel. The Department of Legal Affairs shall be responsible for providing all legal services required by any department, unless otherwise provided by law. However, the Attorney General may authorize other counsel where emergency circumstances exist and shall authorize other counsel when professional conflict of interest is present. Each board, however designated, of which the Attorney General is a member may retain legal services in lieu of those provided by the Attorney General and the Department of Legal Affairs. History. s. 11, ch ; s. 2, ch Contingency fee agreements. (1) As used in this section, the term: (a) Department means the Department of Legal Affairs. (b) Private attorney means any private attorney or law firm. (2) The department may not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into such a contract that contingency fee representation is both costeffective and in the public interest. Any written determination shall include specific findings for each of the following factors: (a) Whether there exist sufficient and appropriate legal and financial resources within the department to handle the matter. (b) The time and labor required; the novelty, complexity, and difficulty of the questions involved; and the skill requisite to perform the attorney services properly. (c) The geographic area where the attorney services are to be provided. (d) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney s experience with similar issues or cases. Page 3 of 23

4 (3) If the Attorney General makes the determination described in subsection (2), notwithstanding the exemption provided in s (3)(f), the Attorney General shall request proposals from private attorneys to represent the department on a contingency-fee basis, unless the Attorney General determines in writing that requesting proposals is not feasible under the circumstances. The written determination does not constitute a final agency action subject to review pursuant to ss and For purposes of this subsection only, the department is exempt from the requirements of s (3), and neither the request for proposals nor the contract award is subject to challenge pursuant to ss and (4) In addition to the requirements set forth in s (16), any private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than 1/10 of an hour and shall promptly provide these records to the department, upon request. (5) Notwithstanding s (7)(a), the department may not enter into a contingency fee contract that provides for the private attorney to receive an aggregate contingency fee in excess of: (a) Twenty-five percent of any recovery of up to $10 million; plus (b) Twenty percent of any portion of such recovery between $10 million and $15 million; plus (c) Fifteen percent of any portion of such recovery between $15 million and $20 million; plus (d) Ten percent of any portion of such recovery between $20 million and $25 million; plus (e) Five percent of any portion of such recovery exceeding $25 million. In no event shall the aggregate contingency fee exceed $50 million, exclusive of reasonable costs and expenses, and irrespective of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery. (6) Copies of any executed contingency fee contract and the Attorney General s written determination to enter into a contingency fee contract with the private at- Page 4 of 23

5 torney shall be posted on the department s website for public inspection within 5 business days after the date the contract is executed and shall remain posted on the website for the duration of the contingency fee contract, including any extensions or amendments thereto. Any payment of contingency fees shall be posted on the department s website within 15 days after the payment of such contingency fees to the private attorney and shall remain posted on the website for at least 365 days thereafter. (7) By February 1 of each year, the Attorney General shall submit a report to the President of the Senate and the Speaker of the House of Representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year. At a minimum, the report shall: (a) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, and for each contract describe: 1. The name of the private attorney with whom the department has contracted, including the name of the attorney s law firm; 2. The nature and status of the legal matter; 3. The name of the parties to the legal matter; 4. The amount of any recovery; and 5. The amount of any contingency fee paid. (b) Include copies of any written determinations made under subsection (2) during the year. History. s. 1, ch ; s. 1, ch Payment of per diem, mileage, and other expense. Whenever the Department of Legal Affairs is called upon to represent any administrative agency or regulatory board, the agency or regulatory board so represented shall pay the per diem, mileage, and other reasonable expense of the representative of such department. History. s. 1, ch ; ss. 11, 35, ch ; s. 5, ch Note. Former s Page 5 of 23

6 16.02 Appointment of person to act in case of disability of Attorney General. In case of the disability of the Attorney General to perform any official duty devolving on him or her, by reason of interest or otherwise, the Governor or Attorney General of this state may appoint another person to perform such duty in the Attorney General s stead. History. s. 3, ch. 2, 1845; RS 85a; GS 88; RGS 102; CGL 126; s. 46, ch Initiative petitions. (1) The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petition the Supreme Court, requesting an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s The petition may enumerate any specific factual issues that the Attorney General believes would require a judicial determination. (2) A copy of the petition shall be provided to the Secretary of State and the principal officer of the sponsor. (3) Any fiscal impact statement that the court finds not to be in accordance with s shall be remanded solely to the Financial Impact Estimating Conference for redrafting. History. s. 2, ch ; s. 2, ch ; s. 2, ch Superintendence and direction of state attorneys. The Attorney General shall exercise a general superintendence and direction over the several state attorneys of the several circuits as to the manner of discharging their respective duties, and whenever requested by the state attorneys, shall give them her or his opinion upon any question of law. History. s. 1, ch. 2098, 1877; RS 90; GS 93; RGS 107; CGL 131; s. 48, ch Regulations as to the reports of state attorneys. The Attorney General shall prescribe the time and manner in which regular quarterly reports Page 6 of 23

7 shall be made to him or her by state attorneys, and they shall comply with the Attorney General s instructions in this respect. History. s. 3, ch. 2098, 1877; RS 91; GS 94; RGS 108; CGL 132; s. 49, ch Receipt of Supreme Court reports for office. The Clerk of the Supreme Court shall deliver to the Attorney General a copy of each volume, or part of volume, of the decisions of the Supreme Court, which may be in the care or custody of said clerk, and which the Attorney General s office may be without, and take the Attorney General s receipt for the same. The Attorney General shall keep the same in her or his office at the capitol, and each retiring Attorney General shall take the receipt of her or his successor for the same and file such receipt in the Chief Financial Officer s office; provided that this shall not authorize the taking away of any book belonging to the Supreme Court library, kept for the use of said court. History. ch. 3264, 1881; RS 92; GS 95; RGS 109; CGL 133; s. 50, ch ; s. 11, ch Supreme Court reporter. The Attorney General shall be the reporter for the Supreme Court. History. Formerly s. 22, Art. IV of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in Participation in preserving constitutional integrity of state. (1) In order to provide for independent action and cooperative participation by the state in a program of concerted action among the states, and independent procedure to oppose any existing or proposed federal legislative encroachments upon constitutional state powers, it is hereby made a duty of the Department of Legal Affairs to make a study of federal legislation existing and proposed to determine whether such legislation has resulted, or may result, in objectionable or harmful encroachments upon the constitutional integrity of state governments, and with due regard to this state s full contribution to the national war effort, in cooperation with the attorneys general of other states, or alone, to pursue that course best calculated to preserve and safeguard the constitutional state powers of the government of this Page 7 of 23

8 state. It shall furnish to each of the several representatives in the Congress from this state, a written statement giving the reasons for any action being considered, or about to be taken hereunder at the time; and if possible, shall procure the assistance of such representatives therein and therefor. (2) It shall be the duty of the Department of Legal Affairs of this state to render opinions to the representatives in Congress from this state, on any question arising within the scope of the subject matter of this act. (3) In performing the duties imposed upon it under the provisions of this section, the Department of Legal Affairs is hereby authorized to employ therefor the services of the Council of State Governments, a national conference organization, or its successors in name or organization, or any other similar organization, in such manner not inconsistent with its powers and duties, as it may deem desirable; provided, that the cost of such employment, if any, shall be paid from the necessary and regular appropriation of the Department of Legal Affairs. History. ss. 1, 2, 3, ch , 1943; ss. 11, 35, ch Legal Affairs Revolving Trust Fund. (1) There is created in the State Treasury the Legal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose of funding investigation, prosecution, and enforcement by the Attorney General of the provisions of the Racketeer Influenced and Corrupt Organization Act, the Florida Deceptive and Unfair Trade Practices Act, the Florida False Claims Act, or state or federal antitrust laws. (2) Thirty percent of all moneys recovered by the Attorney General on behalf of the state, its agencies, or units of state government, local governments, or persons resident in this state or, alternatively, attorneys fees and costs, whichever is greater, in any civil action for violation of state or federal antitrust laws shall be deposited in the fund. (3) All moneys recovered by the Attorney General under s (1) in any civil action for violation of the Florida False Claims Act shall be deposited in the fund. Page 8 of 23

9 (4) Subject to the provisions of s , when the Attorney General files an action pursuant to s , funds provided to the Department of Legal Affairs pursuant to s (2)(a) or, alternatively, attorneys fees and costs, whichever is greater, shall be deposited in the fund. (5)(a) In the case of a forfeiture action pursuant to s , the remainder of the moneys recovered shall be distributed as set forth in s (b) In other actions brought pursuant to the provisions of the Racketeer Influenced and Corrupt Organization Act or pursuant to the state or federal antitrust laws, the remainder of the moneys recovered on behalf of the state, its agencies, or units of state government shall be deposited in the General Revenue Fund; in the case of other governmental units, transferred to the appropriate fund of such government; or in the case of persons, distributed to such persons or for their benefit, as approved by a court of competent jurisdiction. (6) Moneys recovered means damages or penalties or any other monetary payment, including monetary proceeds from property forfeited to the state pursuant to s remaining after satisfaction of any valid claims made pursuant to s (1)(a)-(c), which damages, penalties, or other monetary payment is made by any defendant by reason of any decree or settlement in any Racketeer Influenced and Corrupt Organization Act or state or federal antitrust action prosecuted by the Attorney General, but excludes attorneys fees and costs. (7) Any moneys remaining in the fund at the end of any fiscal year in excess of 3 times the amount of the combined budgets for the antitrust and racketeering sections of the Attorney General s office for the forthcoming fiscal year shall be transferred to the General Revenue Fund unallocated. History. s. 1, ch ; s. 1, ch ; s. 2, ch ; s. 1, ch ; s. 2, ch ; ss. 12, 14, ch Legal Services Trust Fund. (1) There is created in the State Treasury the Legal Services Trust Fund to be used by the Attorney General in providing legal services to agencies on a contractual basis. Page 9 of 23

10 (2) State agencies contracting for legal services with the Department of Legal Affairs are authorized to make advance payments on a quarterly basis. History. s. 5, ch ; s. 2, ch Florida Crime Prevention Training Institute; revolving trust fund. (1) There is created within the Department of Legal Affairs the Florida Crime Prevention Training Institute, which shall be a comprehensive program of crime prevention training courses suitable for, and made available to, any interested person. (2) The department shall establish the curriculum and admission requirements in such a manner as to give priority to those training programs which it determines to have the greatest potential for preventing crime. The department shall provide administrative support services for the institute. The department shall adopt rules and policies for the administration and operation of the institute and fix admission fees in an amount which, in the aggregate, does not exceed the cost of the program; and it may accept donations or grants of any type for any function or purpose of the institute. (3) There is established within the Department of Legal Affairs the Florida Crime Prevention Training Institute Revolving Trust Fund to be used exclusively for the purposes of this section. (4) All moneys, fees, donations, or grants collected by the department on behalf of the institute shall be deposited into the Florida Crime Prevention Training Institute Revolving Trust Fund and shall be applied to cover all costs incurred in establishing and conducting the crime prevention training programs authorized under this section, including, but not limited to, salaries for instructors and costs of materials connected with such programs. History. s. 1, ch ; s. 4, ch Crime Stoppers Trust Fund; rulemaking. (1) As used in this section, the term: Page 10 of 23

11 (a) Department shall mean the Department of Legal Affairs. (b) Units of local government shall mean the various city and county governments of the state. (c) Crime Stoppers shall mean members of the Florida Association of Crime Stoppers, Incorporated, a Florida Corporation. (2) The department shall have all the powers necessary or appropriate to carry out the purposes and provisions of this act. (3) The department shall establish a trust fund for the purpose of grant administration to fund Crime Stoppers and their crime fighting programs within the units of a local government of the state. (4)(a) The department shall make applications for all federal and state or private grants which meet the purposes of advancing Crime Stoppers in the State of Florida. Upon securing such grants, the funds shall be deposited in the Crime Stoppers Trust Fund. (b) The proceeds of the court cost imposed by s shall be deposited in a separate account in the trust fund, and within that account the funds shall be designated according to the judicial circuit in which they were collected. The funds in this account shall be used as provided in paragraph (5)(b). (5)(a) The department shall be the disbursing authority for distribution of funding to units of local government, upon their application to the department for funding assistance. (b) Funds deposited in the trust fund pursuant to paragraph (4)(b) shall be disbursed as provided in this paragraph. Any county may apply to the department for a grant from the funds collected in the judicial circuit in which the county is located under s A grant may be awarded only to counties which are served by an official member of the Florida Association of Crime Stoppers and may only be used to support Crime Stoppers and their crime fighting programs. Only one such official member shall be eligible for support within any county. In order to aid the department in determining eligibility, the secretary of the Florida Association of Crime Stoppers shall furnish the department with a schedule of authorized crime stoppers Page 11 of 23

12 programs and shall update the schedule as necessary. The department shall award grants to eligible counties from available funds and shall distribute funds as equitably as possible, based on amounts collected within each county, when more than one county is eligible within a judicial circuit. (6) The department shall adopt and enforce rules to implement the provisions of this act. Such rules shall include, but shall not be limited to: (a) Criteria for local governments to apply for funding from the Crime Stoppers Trust Fund in order to aid in local law enforcement as provided in this section. (b) The limits of funding to be distributed to local government units based on a pro rata share of grants made available through the Crime Stoppers Trust Fund pursuant to paragraph (4)(a), and criteria for the equitable distribution of funds available pursuant to paragraph (4)(b). (c) Provisions for the return of unused funds to be redeposited in the Crime Stoppers Trust Fund if for any reason the unit of local government does not use the funds as intended within an agreed upon time. (d) Provisions for the coordination with appropriate governmental agencies to support and enhance efforts to train the public in crime prevention methods and in personal safety principles, especially for citizens who live in, work at, or frequent locations having high crime rates. History. ss. 12, 13, ch ; s. 2, ch ; s. 8, ch ; s. 22, ch ; s. 33, ch ; s. 25, ch ; s. 1, ch Crime Stoppers Trust Fund. The Crime Stoppers Trust Fund is created to be administered by the Department of Legal Affairs. History. ss. 1, 2, ch ; s. 2, ch Office of Statewide Prosecution. (1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate budget entity as that term is defined in chapter 216. The office may: (a) Investigate and prosecute the offenses of: Page 12 of 23

13 1. Bribery, burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, and home-invasion robbery; 2. Any crime involving narcotic or other dangerous drugs; 3. Any violation of the provisions of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in s (1)(a), providing such listed offense is investigated in connection with a violation of s and is charged in a separate count of an information or indictment containing a count charging a violation of s , the prosecution of which listed offense may continue independently if the prosecution of the violation of s is terminated for any reason; 4. Any violation of the provisions of the Florida Anti-Fencing Act; 5. Any violation of the provisions of the Florida Antitrust Act of 1980, as amended; 6. Any crime involving, or resulting in, fraud or deceit upon any person; 7. Any violation of s , relating to computer pornography and child exploitation prevention, or any offense related to a violation of s or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission; 8. Any violation of the provisions of chapter 815; 9. Any criminal violation of part I of chapter 499; 10. Any violation of the provisions of the Florida Motor Fuel Tax Relief Act of 2004; 11. Any criminal violation of s or s ; 12. Any crime involving voter registration, voting, or candidate or issue petition activities; 13. Any criminal violation of the Florida Money Laundering Act; 14. Any criminal violation of the Florida Securities and Investor Protection Act; or 15. Any violation of the provisions of chapter 787, as well as any and all offenses related to a violation of the provisions of chapter 787; Page 13 of 23

14 or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Informations or indictments charging such offenses shall contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties in which crimes affecting such circuits or counties are alleged to have been connected with an organized criminal conspiracy. (b) Investigate and prosecute any crime enumerated in subparagraphs (a) facilitated by or connected to the use of the Internet. Any such crime is a crime occurring in every judicial circuit within the state. (c) Upon request, cooperate with and assist state attorneys and state and local law enforcement officials in their efforts against organized crimes. (d) Request and receive from any department, division, board, bureau, commission, or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties. (2) The Attorney General shall appoint a statewide prosecutor from not less than three persons nominated by the judicial nominating commission for the Supreme Court. The statewide prosecutor shall be in charge of the Office of Statewide Prosecution for a term of 4 years to run concurrently with the term of the appointing official. The statewide prosecutor shall be an elector of the state, shall have been a member of The Florida Bar for the preceding 5 years, and shall devote full time to the duties of statewide prosecutor and not engage in the private practice of law. The Attorney General may remove the statewide prosecutor prior to the end of his or her term. A vacancy in the position of statewide prosecutor shall be filled within 60 days. During the period of any vacancy, the Attorney General shall exercise all the powers and perform all the duties of the statewide prosecutor. A person appointed statewide prosecutor is prohibited from running for or accepting appointment to any state office for a period of 2 years following vacation of office. The statewide prose- Page 14 of 23

15 cutor shall on March 1 of each year report in writing to the Governor and the Attorney General on the activities of the office for the preceding year and on the goals and objectives for the next year. (3) The statewide prosecutor may conduct hearings at any place in the state; summon and examine witnesses; require the production of physical evidence; sign informations, indictments, and other official documents; confer immunity; move the court to reduce the sentence of a person convicted of drug trafficking who provides substantial assistance; attend to and serve as the legal adviser to the statewide grand jury; and exercise such other powers as by law are granted to state attorneys. The statewide prosecutor may designate one or more assistants to exercise any such powers. (4) It is the intent of the Legislature that in carrying out the duties of this office, the statewide prosecutor shall, whenever feasible, use sworn investigators employed by the Department of Law Enforcement, and may request the assistance, where appropriate, of sworn investigators employed by other law enforcement agencies. History. ss. 1, 9, ch ; s. 1, ch ; s. 1, ch ; s. 4, ch ; s. 51, ch ; s. 5, ch ; s. 8, ch ; s. 6, ch ; s. 69, ch ; s. 3, ch ; s. 12, ch ; s. 30, ch ; s. 8, ch ; s. 1, ch ; s. 6, ch ; s. 9, ch ; s. 73, ch ; s. 2, ch ; s. 1, ch ; s. 1, ch Office of Civil Rights. There is created in the Department of Legal Affairs an Office of Civil Rights. The office may investigate and initiate actions authorized by chapter 760. In investigating violations of constitutional and statutory rights under chapter 760, the Attorney General may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. History. s. 5, ch ; s. 3, ch Medicaid fraud control. The Medicaid Fraud Control Unit is created in the Department of Legal Affairs to investigate all violations of s and any criminal violations discovered during the course of those investigations. The Medicaid Fraud Control Unit may refer any criminal violation so uncovered to the ap- Page 15 of 23

16 propriate prosecuting authority. The offices of the Medicaid Fraud Control Unit, the Agency for Health Care Administration Medicaid program integrity program, and the Divisions of Insurance Fraud and Public Assistance Fraud within the Department of Financial Services shall, to the extent possible, be collocated; however, positions dedicated to Medicaid managed care fraud within the Medicaid Fraud Control Unit shall be collocated with the Division of Insurance Fraud. The Agency for Health Care Administration, the Department of Legal Affairs, and the Divisions of Insurance Fraud and Public Assistance Fraud within the Department of Financial Services shall conduct joint training and other joint activities designed to increase communication and coordination in recovering overpayments. History. s. 2, ch ; s. 1, ch ; s. 1, ch ; s. 6, ch Public records mediation program within the Office of the Attorney General; creation; duties. (1) As used in this section, mediation means a process whereby a neutral third person, called the mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties. It is a formal, nonadversarial process that has the objective of helping the disputing parties reach a mutually acceptable, voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. (2) The public records mediation program is created within the Office of the Attorney General. (3) The Office of the Attorney General shall: (a) Employ one or more mediators to mediate disputes involving access to public records. A person may not be employed by the department as a mediator unless that person is a member in good standing of The Florida Bar. (b) Recommend to the Legislature needed legislation governing access to public records. (c) Assist the Department of State in preparing training seminars regarding access to public records. Page 16 of 23

17 (4) This section is intended to provide a method for resolving disputes relating to public records, and is intended to be supplemental to, not a substitution for, the other powers given to the Attorney General by law. History. s. 4, ch ; s. 3, ch ; s. 2, ch ; s. 13, ch Council on the Social Status of Black Men and Boys. (1) The Council on the Social Status of Black Men and Boys is established within the Department of Legal Affairs and shall consist of 19 members appointed as follows: (a) Two members of the Senate who are not members of the same political party, appointed by the President of the Senate with the advice of the Minority Leader of the Senate. (b) Two members of the House of Representatives who are not members of the same political party, appointed by the Speaker of the House of Representatives with the advice of the Minority Leader of the House of Representatives. (c) The Secretary of Children and Family Services or his or her designee. (d) The director of the Mental Health Program Office within the Department of Children and Family Services or his or her designee. (e) The State Surgeon General or his or her designee. (f) The Commissioner of Education or his or her designee. (g) The Secretary of Corrections or his or her designee. (h) The Attorney General or his or her designee. (i) The Secretary of Management Services or his or her designee. (j) The executive director of the Department of Economic Opportunity or his or her designee. (k) A businessperson who is an African American, as defined in s (2)(a), appointed by the Governor. (l) Two persons appointed by the President of the Senate who are not members of the Legislature or employed by state government. One of the appointees must be a clinical psychologist. Page 17 of 23

18 (m) Two persons appointed by the Speaker of the House of Representatives who are not members of the Legislature or employed by state government. One of the appointees must be an Africana studies professional. (n) The deputy secretary for Medicaid in the Agency for Health Care Administration or his or her designee. (o) The Secretary of Juvenile Justice or his or her designee. (2) Each member of the council shall be appointed to a 4-year term; however, for the purpose of providing staggered terms, of the initial appointments, 9 members shall be appointed to 2-year terms and 10 members shall be appointed to 4- year terms. A member of the council may be removed at any time by the member s appointing authority who shall fill the vacancy on the council. (3)(a) At the first meeting of the council each year, the members shall elect a chair and a vice chair. (b) A vacancy in the office of chair or vice chair shall be filled by vote of the remaining members. (4)(a) The council shall make a systematic study of the conditions affecting black men and boys, including, but not limited to, homicide rates, arrest and incarceration rates, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels including postsecondary levels, and health issues. (b) The council shall propose measures to alleviate and correct the underlying causes of the conditions described in paragraph (a). These measures may consist of changes to the law or systematic changes that can be implemented without legislative action. (c) The council may study other topics suggested by the Legislature or as directed by the chair of the council. (d) The council shall receive suggestions or comments pertinent to the applicable issues from members of the Legislature, governmental agencies, public and private organizations, and private citizens. Page 18 of 23

19 (e) The council shall monitor outcomes of the direct-support organization created pursuant to s (f) The council shall develop a strategic program and funding initiative to establish local Councils on the Social Status of Black Men and Boys. (5) The council may: (a) Access data held by any state departments or agencies, which data is otherwise a public record. (b) Make requests directly to the Joint Legislative Auditing Committee for assistance with research and monitoring of outcomes by the Office of Program Policy Analysis and Government Accountability. (c) Request, through council members who are also legislators, research assistance from the Office of Economic and Demographic Research within the Florida Legislature. (d) Request information and assistance from the state or any political subdivision, municipal corporation, public officer, or governmental department thereof. (e) Apply for and accept funds, grants, gifts, and services from the state, the Federal Government or any of its agencies, or any other public or private source for the purpose of defraying clerical and administrative costs as may be necessary for carrying out its duties under this section. (f) Work directly with, or request information and assistance on issues pertaining to education from, Florida s historically black colleges and universities. (6) The Office of the Attorney General shall provide staff and administrative support to the council. (7) The council shall meet quarterly and at other times at the call of the chair or as determined by a majority of council members and approved by the Attorney General. (8) Eleven of the members of the council constitute a quorum, and an affirmative vote of a majority of the members present is required for final action. (9)(a) The council shall issue its first annual report by December 15, 2007, and by December 15 each following year, stating the findings, conclusions, and recom- Page 19 of 23

20 mendations of the council. The council shall submit the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the standing committees of jurisdiction in each chamber. (b) The initial report must include the findings of an investigation into factors causing black-on-black crime from the perspective of public health related to mental health, other health issues, cultural disconnection, and cultural identity trauma. (10) Members of the council shall serve without compensation. Members are entitled to reimbursement for per diem and travel expenses as provided in s State officers and employees shall be reimbursed from the budget of the agency through which they serve. Other members may be reimbursed by the Department of Legal Affairs. (11) The council and any subcommittees it forms are subject to the provisions of chapter 119, related to public records, and the provisions of chapter 286, related to public meetings. (12) Each member of the council who is not otherwise required to file a financial disclosure statement pursuant to s. 8, Art. II of the State Constitution or s , must file a disclosure of financial interests pursuant to s History. s. 1, ch ; s. 2, ch ; s. 1, ch ; s. 39, ch Direct-support organization. (1) The Department of Legal Affairs shall establish a direct-support organization that is: (a) A Florida corporation, not for profit, incorporated under the provisions of chapter 617 and approved by the Secretary of State. (b) Organized and operated exclusively to solicit funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, property and funds; and make expenditures for the benefit of the purposes as specified by this section. (c) Certified by the department, after review, to be operating in a manner consistent with the statutory goals of the organization and in the best interests of the state. Page 20 of 23

21 (2) The direct-support organization shall operate under written contract with the Department of Legal Affairs. The contract must provide for: (a) Approval of the articles of incorporation and bylaws of the direct-support organization by the department. (b) Submission of an annual budget for the approval by the department. (c) Certification by the department that the direct-support organization is complying with the terms of the contract and in a manner consistent with the statutory goals and purposes and in the best interests of the state. Such certification must be made annually. (d) The reversion to the department of moneys and property held in trust by the direct-support organization if the direct-support organization is no longer approved to operate or ceases to exist. (e) The disclosure of material provisions of the contract and the distinction between the board of directors and the direct-support organization to donors of gifts, contributions, or bequests, as well as on all promotional and fundraising publications. (f) An annual financial audit in accordance with s (g) The fiscal year of the direct-support organization, to begin July 1 of each year and end June 30 of the following year. (h) Appointment of the board of directors to be made pursuant to this section. (i) Authority of the board of directors of the direct-support organization to hire an executive director. (3) The board of directors of the direct-support organization shall consist of 13 members. Each member of the board of directors shall be appointed to a 4-year term; however, for the purpose of providing staggered terms, the Speaker of the House of Representatives and the President of the Senate shall each initially appoint two members to serve a 2-year term, and the Attorney General and the chair of the Council on the Social Status of Black Men and Boys shall each initially appoint one member to serve a 2-year term. All subsequent appointments shall be for 4-year terms. Any vacancy that occurs shall be filled in the same manner as the Page 21 of 23

22 original appointment and shall be for the unexpired term of that seat. The board of directors shall be appointed as follows: (a) Two members of the Council on the Social Status of Black Men and Boys, appointed by the council chair. (b) Three members appointed by the Attorney General. (c) Four members appointed by the Speaker of the House of Representatives. (d) Four members appointed by the President of the Senate. (4) In conjunction with the Council on the Social Status of Black Men and Boys, and funded exclusively by the direct-support organization, the direct-support organization shall form strategic partnerships to foster the development of community and private sector resources and shall act as a liaison with state agencies, other state governments, and the public and private sectors on matters that relate to underlying conditions that affect black men and boys to bring about an environment that promotes the values of learning, family, prosperity, unity, and self-worth. To that end, the direct-support organization is charged with the following duties: (a) Develop a strategic program and funding initiative to expand the 5000 Role Models of Excellence in Miami-Dade and Pinellas Counties and implement the 5000 Role Models of Excellence in Broward, Palm Beach, Duval, Orange, and Hillsborough Counties. The strategic program and funding initiative shall be reported to the Legislature by February 15, (b) Develop a strategic program and funding initiative to implement the Reading 4 Success Program by the 100 Black Men of Florida in Broward, Miami-Dade, Palm Beach, Duval, Orange, Pinellas, and Hillsborough Counties. The strategic program and funding initiative shall be reported to the Legislature by February 15, (c) Develop a strategic program and funding initiative to implement the One Church, One Child program statewide. The strategic program and funding initiative shall be reported to the Legislature by February 15, (d) Develop a strategic program and funding initiative to implement the Mapping the Future for Black Males Program within community colleges identified by Page 22 of 23

23 the Council on the Social Status of Black Men and Boys. The strategic program and funding initiative shall be reported to the Legislature by February 15, (e) Develop a public awareness and marketing campaign showcasing programs funded by the direct-support organization, as well as other opportunities to implement the statutory duties of the direct-support organization and the Council on the Social Status of Black Men and Boys, pursuant to s (4). The campaign should also encourage the idea that each one of us has a responsibility to make a difference in the community. (f) Fund the clerical and administrative costs of the Council on the Social Status of Black Men and Boys, as may be necessary for carrying out the council s duties under s (5) The direct-support organization may: (a) Develop a strategic program and funding initiative to implement a health screening program using mobile screening services. (b) Hold a statewide Black Policy Summit in conjunction with a university in this state. (c) Create a compendium of intervention programs in each county, which can be used to determine how to maximize existing resources and address under-served populations or unmet needs. (6) The direct-support organization shall consider the participation of counties, in addition to those specified in subsection (4), that demonstrate a willingness to participate and an ability to be successful in any programs funded by the directsupport organization. History. s. 2, ch Page 23 of 23