PART ICORRECTIONAL WORK PROGRAMS,
946.002 Requirement of labor; compensation; amount; crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to compensation insurance benefits.
946.205 Institutional work.
946.25 Sale of hobbycrafts by prisoners.
946.31 Sources of fund.
946.32 Use of fund.
946.33 Disbursements from fund.
946.40 Use of prisoners in public works.
946.41 Promotion of inmate work programs; safety signage.
946.42 Use of inmates on private property.
946.002 Requirement of labor; compensation; amount; crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to compensation insurance benefits.—
(1)(a) The department shall require of every able-bodied prisoner imprisoned in any institution as many hours of faithful labor in each day and every day during his or her term of imprisonment as shall be prescribed by the rules of the department. Every able-bodied prisoner classified as medium custody or minimum custody who does not satisfactorily participate in any institutional work programs, correctional work programs, prison industry enhancement (PIE) programs, academic programs, or vocational programs shall be required to perform work for such political subdivisions of the state as might have entered into agreement with the department pursuant to s. 946.40.
(b) The department shall have as a continuous goal the reduction of inmate idleness in the prison system and shall incorporate this goal and that of maximizing the use of inmates while incarcerated in its strategic plan. A goal of the department shall be for all inmates, except those inmates who pose a serious security risk or who are unable to work, to work at least 40 hours a week. Until this goal can be accomplished, the department shall maximize the utilization of inmates within existing resources.
(2)(a) Each prisoner who is engaged in productive work in any state correctional institution, program, or facility under the jurisdiction of the department may receive for work performed such compensation as the department shall determine. Such compensation shall be in accordance with a schedule based on quality and quantity of work performed and skill required for performance, and said compensation shall be credited to the account of the prisoner or the prisoner’s family.
(b) Any monetary payments made directly to the prisoner shall be used in whole or in part to satisfy restitution ordered by a court of competent jurisdiction to the victim of the criminal act.
(c) It shall be the policy of the department to require inmates receiving compensation for work performed in community programs to reimburse the state for lodging, food, transportation, and other expenses incurred for sustaining the inmate. Reimbursement shall be according to rules promulgated by the department, which shall provide that the inmate retain only a minimal amount of money for personal items and shall take into consideration compensation that may be allocated for the support of the inmate’s family and for restitution for the victim of the crime committed.
(3) Said compensation shall be paid from the Department of Corrections Correctional Work Program Trust Fund. Whenever any price is fixed on any article, material, supply, or service, to be produced, manufactured, supplied, or performed in connection with the work program of the department, the compensation paid to the prisoners shall be included as an item of cost in the final price.
(4)(a) When any prisoner shall willfully violate the terms of his or her employment or the rules and regulations of the department, the department may in its discretion determine what portion of all moneys earned by the prisoner shall be forfeited by said prisoner and such forfeiture shall be redeposited to the Department of Corrections Correctional Work Program Trust Fund.
(b) When any prisoner escapes, the department shall determine what portion of the prisoner’s earnings shall be forfeited, and such forfeiture shall be deposited in the State Treasury in the Inmate Welfare Fund of the department.
(5) Nothing in this section is intended to restore, in whole or in part, the civil rights of any prisoner. No prisoner compensated under this section shall be considered as an employee of the state or the department, nor shall such prisoner come within any other provision of the Workers’ Compensation Act.
History.—ss. 39, 40, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 2, 16, ch. 76-273; s. 253, ch. 77-104; ss. 61, 62, ch. 77-120; ss. 71, 72, ch. 79-3; s. 121, ch. 79-40; s. 11, ch. 85-288; s. 20, ch. 96-312; s. 1866, ch. 97-102; s. 2, ch. 99-260.
Note.—Former ss. 944.49, 944.50.
946.205 Institutional work.—The department may cause to be cultivated by the inmates of the adult correctional institutions that are under the control and supervision of the department such food items as are grown on farms or in gardens generally, and as are needed and used in the state institutions. The department may sell any surplus food items to the corporation authorized under part II of this chapter. Any proceeds received from such sales by the department shall be deposited into the Correctional Work Program Trust Fund. The department may also use the services of inmates of the adult correctional institutions that are under the control and supervision of the department to perform such work as is needed and used within the state institutions.
History.—s. 8, ch. 99-260; s. 16, ch. 2000-155.
946.25 Sale of hobbycrafts by prisoners.—When, in the planning of the rehabilitation program of the Department of Corrections through its recreational facilities, plans are made for prisoners to engage in hobbies and hobbycrafts after their normal working hours and when they are not required by the warden of a state prison or correctional institution to be on their assigned duties, they may make items of a hobby or hobbycraft nature which may be disposed of by the prisoner through the institutional canteen or commissary to persons visiting the institution.
History.—s. 10, ch. 96-270; s. 46, ch. 96-312; s. 26, ch. 2000-161.
946.31 Sources of fund.—If any general service operation of an institution is transferred to the work program operation by the Department of Corrections, all assets and liabilities of such operation shall become a part of the Correctional Work Program Trust Fund. All income, receipts, earnings, and profits from work programs operated by the department shall be credited to the Correctional Work Program Trust Fund, to be used for the purposes set forth; however, if the earned surplus in the fund at the end of any fiscal year exceeds $5 million, one-half of such amount in excess of this amount shall be deposited in the General Revenue Fund, and the other half shall be used by the department for the expansion and improvement of inmate work programs.
History.—s. 2, ch. 57-314; s. 1, ch. 61-384; s. 18, ch. 61-530; s. 3, ch. 63-176; s. 8, ch. 69-82; s. 13, ch. 76-273; s. 1, ch. 77-174; s. 1, ch. 77-317; s. 43, ch. 96-312; s. 3, ch. 99-260; s. 133, ch. 2001-266.
Note.—Former s. 945.18.
946.32 Use of fund.—Except as otherwise provided by law, the funds shall be used for the purposes of financing the operation of inmate work programs herein set forth, and all costs of operation of such work programs shall be paid from this fund, including compensation of all personnel whose time or proportion of time is devoted to such work program operations. The Department of Corrections shall establish budgeting and cost accounting procedures to provide comparative analysis of each work program unit. The department shall prepare and issue annual consolidated and individual institution financial statements, including, but not limited to, balance sheets and operating statements for work programs. Any withdrawals from the Correctional Work Program Trust Fund which do not relate to the operation of inmate work programs shall be identified separately in the operating statements. The Department of Corrections shall have the authority to use moneys in the Correctional Work Program Trust Fund to enter into lease-purchase agreements for the lease of fixtures and equipment over periods of time exceeding the current fiscal year. The department shall have the authority to construct buildings or make capital improvements for the operation of the work programs. The ownership of any permanent enhancements made to facilities or work programs is vested in the Department of Corrections.
History.—s. 3, ch. 57-314; ss. 19, 35, ch. 69-106; s. 14, ch. 76-273; s. 1, ch. 77-174; s. 94, ch. 79-3; s. 44, ch. 96-312; s. 4, ch. 99-260.
Note.—Former s. 945.19.
946.33 Disbursements from fund.—The funds in the Correctional Work Program Trust Fund shall be deposited in the State Treasury and paid out only on warrants drawn by the Chief Financial Officer, duly approved by the Department of Corrections. The department shall maintain all necessary records and accounts relative to such funds.
History.—s. 4, ch. 57-314; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 79, ch. 77-120; s. 95, ch. 79-3; s. 5, ch. 99-260; s. 1930, ch. 2003-261.
Note.—Former s. 945.20.
946.40 Use of prisoners in public works.—
(1) The Department of Corrections shall, subject to the availability of funds appropriated for that purpose, and, in the absence of such funds, may, enter into agreements with such political subdivisions in the state, as defined by s. 1.01(8), including municipalities; with such agencies and institutions of the state; and with such nonprofit corporations as might use the services of inmates of correctional institutions and camps when it is determined by the department that such services will not be detrimental to the welfare of such inmates or the interests of the state in a program of rehabilitation. An agreement for use of fewer than 15 minimum custody inmates and medium custody inmates may provide that supervision will be either by the department or by the political subdivision, institution, nonprofit corporation, or agency using the inmates. The department is authorized to adopt rules governing work and supervision of inmates used in public works projects, which rules shall include, but shall not be limited to, the proper screening and supervision of such inmates. Inmates may be used for these purposes without being accompanied by a correctional officer, provided the political subdivision, municipality, or agency of the state or the nonprofit corporation provides proper supervision pursuant to the rules of the Department of Corrections.
(2) The budget of the department may be reimbursed from the budget of any state agency or state institution for the services of inmates and personnel of the department in such amounts as may be determined by agreement between the department and the head of such agency or institution. However, no political subdivision of the state shall be required to reimburse the department for such services.
(3) The department shall not be required to provide supervision for minimum custody inmates or medium custody inmates unless there is adequate notice of the need for the services of at least 15 such inmates.
(4) No person convicted of sexual battery pursuant to s. 794.011 is eligible for any program under the provisions of this section.
History.—s. 11, ch. 57-213; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 10, ch. 76-273; s. 1, ch. 83-175; s. 12, ch. 85-288; s. 11, ch. 85-340; s. 3, ch. 87-211; s. 2, ch. 87-286; s. 2, ch. 91-225; s. 8, ch. 91-280; s. 83, ch. 92-142; s. 22, ch. 93-156; s. 3, ch. 94-265; s. 93, ch. 95-211; s. 18, ch. 97-94.
Note.—Former s. 945.11.
946.41 Promotion of inmate work programs; safety signage.—The department shall, to the extent possible and within existing resources, promote inmate work programs to the public which may include any or all of the following: signs clearly displayed which identify inmate work crews as inmates working in the community under the supervision of the department or another entity, signs clearly displayed on vehicles commonly utilized for the purpose of transporting inmate work crews working in the community, or signs clearly displayed by the supervising entity in public areas when inmate work crews are performing roadway maintenance or when safety signs are otherwise required. The department may also provide a uniform of distinctive design for inmate work crews in the community, including work crews under the supervision of another entity.
History.—s. 37, ch. 95-283.
946.42 Use of inmates on private property.— (1) The department may allow inmates who meet the criteria provided in s. 946.40 to enter onto private property to perform public works or for the following purposes:
(a) To accept and collect donations for the use and benefit of the department.
(b) To assist federal, state, local, and private agencies before, during, and after emergencies or disasters.
(2) As used in this section, the term:
(a) “Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the President of the United States.
(b) “Donations” means gifts of tangible personal property and includes equipment, fixtures, construction materials, food items, and other tangible personal property of a consumable or nonconsumable nature.
(c) “Emergency” means any occurrence or threat of an occurrence, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population or substantial damage to or loss of property.
History.—s. 16, ch. 2010-64.
PART IILEASED OR MANAGED WORK PROGRAMS
946.501 Findings of fact.
946.502 Legislative intent with respect to operation of correctional work programs.
946.5025 Authorization of corporation to enter into contracts.
946.5026 Sovereign immunity in tort actions.
946.503 Definitions to be used with respect to correctional work programs.
946.504 Organization of corporation to operate correctional work programs; lease of facilities.
946.505 Reversion upon dissolution of corporation or termination of lease.
946.506 Modification or termination of correctional work program by the corporation.
946.509 Insurance of property leased or acquired by the corporation.
946.5095 Elimination of hazardous conditions.
946.510 Insurance by Division of Risk Management.
946.511 Inmate labor to operate correctional work programs.
946.512 Inmate compensation plan.
946.513 Private employment of inmates; disposition of compensation received.
946.514 Civil rights of inmates; inmates not state employees; liability of corporation for inmate injuries.
946.515 Use of goods and services produced in correctional work programs.
946.516 Corporation status report and annual financial audit report.
946.517 Corporation records.
946.518 Sale of goods made by prisoners; when prohibited, when permitted.
946.520 Assignment of inmates by Department of Corrections.
946.522 Prison Industries Trust Fund.
946.523 Prison industry enhancement (PIE) programs.
946.524 Corporation work camps.
946.525 Participation by the corporation in the state group health insurance and prescription drug programs.
946.501 Findings of fact.—
(1) It is the finding of the Legislature that correctional work programs of the Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the work programs provide inmates with useful activities that can lead to meaningful employment after release in order to assist in reducing the return of inmates to the system.
(2) It is further the finding of the Legislature that the mission of a correctional work program is, in order of priority:
(a) To provide a joint effort between the department, the correctional work programs, and other vocational training programs to reinforce relevant education, training, and postrelease job placement and help reduce recommitment.
(b) To serve the security goals of the state through the reduction of idleness of inmates and the provision of an incentive for good behavior in prison.
(c) To reduce the cost of state government by operating enterprises primarily with inmate labor, which enterprises do not seek to unreasonably compete with private enterprise.
(d) To serve the rehabilitative goals of the state by duplicating, as nearly as possible, the operating activities of a free-enterprise type of profitmaking enterprise.
(3) It is further the finding of the Legislature that a program which duplicates as closely as possible free-world production and service operations in order to aid inmates in adjustment after release and to prepare inmates for gainful employment is in the best interests of the state, inmates, and the general public.
History.—s. 1, ch. 83-209; s. 4, ch. 87-286; s. 26, ch. 89-526.
Note.—Former s. 946.005.
946.502 Legislative intent with respect to operation of correctional work programs.—
(1) It is the intent of the Legislature that a nonprofit corporation lease and manage the correctional work programs of the Department of Corrections.
(2) It is further the intent of the Legislature that, once one such nonprofit corporation is organized, no other nonprofit corporation be organized for the purpose of carrying out this part. In carrying out this part, the corporation is not an “agency” within the meaning of s. 20.03(11).
(3) It is further the intent of the Legislature that the corporation shall lease all correctional work programs from the department.
(4) It is further the intent of the Legislature that the state shall have a continuing interest in assuring continuity and stability in the operation of correctional work programs and that this part be construed in furtherance of such goals.
(5) It is further the intent of the Legislature that, although the state has a continuing interest in correctional work programs, such programs can best operate independently of state government.
(6) It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels, with specific emphasis on reducing idleness among close custody inmates.
History.—s. 2, ch. 83-209; ss. 1, 2, ch. 83-345; s. 1, ch. 84-280; ss. 4, 5, ch. 87-286; s. 27, ch. 89-526; s. 1, ch. 96-270; s. 1, ch. 2001-242.
Note.—Former s. 946.01.
946.5025 Authorization of corporation to enter into contracts.—The corporation established under this part may enter into contracts to operate correctional work programs with any county or municipal authority that operates a correctional facility or with a contractor authorized under chapter 944 or chapter 957 to operate a private correctional facility. The corporation has the same powers, privileges, and immunities in carrying out such contracts as it has under this chapter.
History.—s. 7, ch. 91-298; s. 2, ch. 96-270; s. 2, ch. 2001-242.
946.5026 Sovereign immunity in tort actions.—The provisions of s. 768.28 shall be applicable to the corporation established under this part, which is deemed to be a corporation primarily acting as an instrumentality of the state.
History.—s. 28, ch. 92-310; s. 3, ch. 2001-242.
946.503 Definitions to be used with respect to correctional work programs.—As used in this part, the term:
(1) “Corporation” means the private nonprofit corporation established pursuant to s. 946.504(1), or a private nonprofit corporation whose sole member is the private nonprofit corporation established pursuant to s. 946.504(1), and at least 51 percent of the board of which contains members of the board of directors of the private nonprofit corporation established pursuant to s. 946.504(1), to carry out this part.
(2) “Correctional work program” means any program presently a part of the prison industries program operated by the department or any other correctional work program carried on at any state correctional facility presently or in the future, but the term does not include any program authorized by s. 945.091 or s. 946.40.
(3) “Department” means the Department of Corrections.
(4) “Facilities” means the buildings and land used in the operation of an industry program on state property.
(5) “Inmate” means any person incarcerated within any state, county, municipal, or private correctional facility.
(6) “Private correctional facility” means a facility authorized by chapter 944 or chapter 957.
History.—s. 2, ch. 83-209; s. 2, ch. 83-345; s. 2, ch. 84-280; ss. 4, 6, ch. 87-286; s. 3, ch. 96-270; s. 2, ch. 97-227; s. 4, ch. 2001-242.
Note.—Former s. 946.02.
946.504 Organization of corporation to operate correctional work programs; lease of facilities.—
(1) The department shall lease buildings and land to the nonprofit corporation authorized to operate the correctional work programs, the members of which are appointed by the Governor and confirmed by the Senate. The same appointment process shall be followed to fill any vacancy. The corporation shall be organized pursuant to chapter 617 and shall possess all the powers granted by that chapter. The Board of Trustees of the Internal Improvement Trust Fund shall enter into leases directly with the corporation, for a period of at least 20 years, for the lease of the lands that are currently under sublease with the department and used by the corporation for correctional work programs and that are identified as subject to lease numbers 3513, 2946, 2675, 2937, 2673, and 2671 with the Board of Trustees of the Internal Improvement Trust Fund. Any additional improvements to such property leased by the corporation from the Board of Trustees must have the prior approval of the Board of Trustees of the Internal Improvement Trust Fund.
(2) No sublease for land from any other agency of state government shall be in excess of that amount for which the department is obligated to pay under any lease agreement with any other agency of state government.
(3) The corporation shall negotiate with the Department of Management Services to reach and enter into an agreement for the lease of each correctional work program proposed by the corporation. The facilities to be leased and the amount of rental for such facilities shall be agreed upon by the Department of Management Services and the corporation, with consultation with the department. The length of such lease shall be mutually agreed upon among the department, the Department of Management Services, and the corporation; however, the initial lease may not exceed 7 years. The department shall continue to manage and operate the various correctional work programs until the lease between the department and the corporation is effective.
(4) If the department leases a single correctional work program at any correctional institution to the corporation, the corporation shall lease all such correctional work programs at that institution.
(5)(a) Prior to entering into any lease or other separate contract or agreement between the department and the corporation, the department shall determine that:
1. The members of the corporation were appointed by the Governor and confirmed by the Senate;
2. The articles of incorporation of the corporation have been approved by the Governor; and
3. The articles of incorporation contain a provision that prohibits any director from voting on any matter that comes before the board of directors that would result in a direct monetary gain to any director or any entity in which any director has an interest.
(b) The lease must be submitted to the Attorney General for his or her approval as to form and legality.
(c) All leases of land shall be subject to the approval of the Board of Trustees of the Internal Improvement Trust Fund.
(6)(a) Upon the effective date of each lease of each correctional work program, the department shall cause to be remitted to the corporation all funds appropriated for, associated with, or budgeted for the operation of that correctional work program, as agreed upon among the department, the Department of Management Services, and the corporation.
(b) No operating loss of any type may be transferred to the corporation.
(7) When it leases any correctional work program, the corporation shall exercise a reasonable effort to employ the personnel of the department who are currently involved in the correctional work programs being leased to the corporation.
(8) Notwithstanding any provision to the contrary, the corporation is authorized to use tax-exempt financing through the issuance of tax-exempt bonds, certificates of participation, lease-purchase agreements, or other tax-exempt financing methods for the purpose of constructing facilities or making capital improvements for correctional work programs and prison industry enhancement programs on state-owned land within state correctional institutions. Such tax-exempt financing may be funded by the General Appropriations Act. If the corporation obtains tax-exempt financing, the state retains a secured interest by holding a lien against any structure or improvement for which tax-exempt financing or state funds are used. The corporation shall include a provision in its financing contract requiring that a lien be filed by the Department of Corrections, on behalf of the state, in order to procure the issuance of tax-exempt bonds or certificates of participation; to enter into lease-purchase agreements; or to obtain any other tax-exempt financing methods for the construction or renovation of facilities related to correctional work programs or prison industry enhancement programs. The lien shall be against the property where any facility or structure is located which has been constructed or substantially renovated, in whole or in part, through the use of state funds. However, there is no requirement for the Department of Corrections to file a lien if the amount of state funds does not exceed $25,000 or 10 percent of the contract amount, whichever is less. The lien must be recorded, upon the execution of the contract authorizing such construction or renovation, in the county where the property is located. The lien must specify that the Department of Corrections has a financial interest in the property equal to the pro rata portion of the state’s original investment of the then-fair-market value of the construction. The lien must also specify that the Department of Corrections’ financial interest is proportionately reduced and subsequently vacated over a 20-year period of depreciation. The contract must include a provision that as a condition of receipt of state funding for this purpose, the corporation agrees that, if it disposes of the property before the state’s interest is vacated, the corporation will refund the proportionate share of the state’s initial investment, as adjusted by depreciation.
History.—s. 2, ch. 83-209; s. 3, ch. 84-280; ss. 4, 7, ch. 87-286; s. 317, ch. 92-279; s. 55, ch. 92-326; s. 4, ch. 96-270; s. 1868, ch. 97-102; s. 3, ch. 97-227; s. 6, ch. 99-260.
Note.—Former s. 946.03.
946.505 Reversion upon dissolution of corporation or termination of lease.—
(1) In the event the corporation is dissolved or its lease of any correctional work program expires or is otherwise terminated, all property relating to such correctional work program which ceases to function because of such termination or dissolution, including all buildings, land, furnishings, equipment, and other chattels originally leased from the department, as well as any subsequently constructed or otherwise acquired facilities in connection with its continued operation of that program, automatically reverts to full ownership by the department unless the corporation intends to utilize such property in another correctional work program. Such a reversionary ownership interest of the state in any and all such after-acquired facilities by the corporation is in furtherance of the goals established in s. 946.502(4), and such a present ownership interest by the state is a continuing and insurable state interest.
(2) Notwithstanding any provision of subsection (1), the ownership of any permanent enhancements made to facilities or work programs is vested in the department.
History.—s. 2, ch. 83-209; ss. 4, 8, ch. 87-286; s. 8, ch. 94-265; s. 4, ch. 97-227.
Note.—Former s. 946.035.
946.506 Modification or termination of correctional work program by the corporation.—This part does not prevent the corporation from modifying, altering, or terminating any correctional work program, once assumed, so long as the corporation is otherwise carrying out the provisions of this part.
History.—s. 2, ch. 83-209; ss. 4, 9, ch. 87-286; s. 5, ch. 96-270; s. 5, ch. 2001-242.
Note.—Former s. 946.041.
946.509 Insurance of property leased or acquired by the corporation.—
(1) The State Risk Management Trust Fund created under s. 284.30 shall insure all property eligible for coverage under part I of chapter 284 which is leased by the department to the corporation or which is subsequently acquired and owned or leased by the corporation and subject to the reversionary ownership interest of the state established in s. 946.505.
(2) Coverage under the State Risk Management Trust Fund of property leased to or otherwise acquired by the corporation shall be secured and maintained through the existing policy and account of the Department of Corrections with the Division of Risk Management of the Department of Financial Services. All matters, including premium calculations, assessments and payments, retrospective premium adjustments, reporting requirements, and other requirements, concerning coverage of such property under the State Risk Management Trust Fund shall be conducted as if all such property were owned solely by the department. Except as required by chapter 284, if the corporation finds that it is more economical to do so, the corporation may secure private insurance coverage on all or a portion of the activities of or properties used by the corporation. If coverage through the State Risk Management Trust Fund is not secured, the corporation must present documentation of insurance coverage to the Division of Risk Management equal to the coverage that could otherwise be provided by the State Risk Management Trust Fund.
History.—s. 2, ch. 83-209; ss. 4, 12, ch. 87-286; s. 6, ch. 96-270; s. 65, ch. 96-418; s. 37, ch. 97-93; s. 5, ch. 97-227; s. 24, ch. 2000-122; s. 6, ch. 2001-242; s. 1931, ch. 2003-261.
Note.—Former s. 946.081.
946.5095 Elimination of hazardous conditions.—Pursuant to the applicable provisions of part I of chapter 284, whenever state-insured property leased to or otherwise held by the corporation is inspected by the Division of Risk Management of the Department of Financial Services and any condition is found to exist which, in the opinion of the division, is hazardous from the standpoint of destruction by fire or other insurable causes, the corporation shall either promptly repair the property to eliminate any observed hazard or otherwise promptly remove the hazardous condition at its own expense.
History.—s. 2, ch. 83-209; s. 1932, ch. 2003-261.
Note.—Former s. 946.082.
946.510 Insurance by Division of Risk Management.—Pursuant to the applicable provisions of chapter 284, the Division of Risk Management of the Department of Financial Services is authorized to insure the corporation under the same general terms and conditions as the Department of Corrections was insured by the division prior to the corporation leasing the correctional work programs as authorized by this chapter.
History.—s. 2, ch. 85-194; s. 4, ch. 87-286; s. 1933, ch. 2003-261.
Note.—Former s. 946.083.
946.511 Inmate labor to operate correctional work programs.— (1) Inmates shall be evaluated and identified during the reception process to determine basic literacy, employment skills, academic skills, vocational skills, and remedial and rehabilitative needs. The evaluation shall prescribe education, work, and work-training for each inmate. Assignment to programs shall be based on the evaluation and the length of time the inmate will be in the custody of the department. Assignment to programs shall be reviewed every 6 months to ensure proper placement based on bed space availability. Assignment of inmates shall be governed by the following objectives and priorities:
(a) Inmates shall be assigned to meet the needs of the work requirements of the Department of Corrections, including essential operational functions and revenue-generating contracts.
(b) Inmates shall be assigned to correctional education.
(c) Inmates shall be assigned to meet all other work requirements of the department, including remaining operational functions and nonrevenue-generating contracts.
As used in this subsection, the term “revenue-generating contracts” includes contracts with the Department of Transportation, the corporation authorized to conduct the correctional work programs under this part, the corporation and private sector businesses operating programs authorized under s. 946.523, and federal, state, or local governmental entities or subdivisions authorized under s. 944.10(7).
(2) The corporation shall establish policies and procedures relating to the use of inmates in its correctional work program, which shall be submitted to the department for approval. Any policies and procedures in effect on the effective date of this act do not require approval.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 28, ch. 89-526; s. 2, ch. 91-298; s. 6, ch. 97-227; s. 7, ch. 2001-242.
Note.—Former s. 946.09.
946.512 Inmate compensation plan.—The corporation shall establish a compensation plan that provides for a specific amount to be paid to the department to be credited to an account for an inmate performing labor and a portion to be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the Prison Industries Trust Fund to be used as provided in s. 946.522. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the Prison Industries Trust Fund to be used as provided in s. 946.522.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 4, ch. 91-298; s. 7, ch. 97-227; s. 2, ch. 2000-278.
Note.—Former s. 946.10.
946.513 Private employment of inmates; disposition of compensation received.—
(1) Notwithstanding the provisions of any other law, an inmate may be employed by the corporation or by any other private entity operating on the grounds of a correctional institution prior to the last 24 months of the inmate’s confinement. Compensation received for such employment shall be credited by the department to an account for the inmate and shall be used to make any court-ordered payments, including restitution to the victim. The department rules shall provide that a portion of such compensation be credited by the department in the manner provided in s. 946.512.
(2) No inmate is eligible for unemployment compensation, whether employed by the corporation or by any other private enterprise operating on the grounds of a correctional institution or elsewhere, when such employment is part of a correctional work program or work-release program of either the corporation or the department.
History.—s. 2, ch. 83-209; s. 76, ch. 85-62; s. 4, ch. 87-286; s. 89, ch. 88-122; s. 5, ch. 91-298; s. 1666, ch. 97-102; s. 8, ch. 97-227.
Note.—Former s. 946.11.
946.514 Civil rights of inmates; inmates not state employees; liability of corporation for inmate injuries.—
(1) Nothing contained in this part is intended to restore in whole or in part the civil rights of inmates.
(2) No inmate compensated under this part or by the corporation or the department shall be considered as an employee of the state, the department, or the corporation.
(3) The corporation is liable for inmate injury to the extent specified in s. 768.28; however, the members of the board of directors are not individually liable to any inmate for any injury sustained in any correctional work program operated by the corporation.
History.—s. 2, ch. 83-209; s. 6, ch. 84-280; ss. 4, 13, ch. 87-286; s. 8, ch. 2001-242.
Note.—Former s. 946.14.
946.515 Use of goods and services produced in correctional work programs.—
(1) Any service or item manufactured, processed, grown, or produced by the corporation in a correctional work program may be furnished or sold to any legislative, executive, or judicial agency of the state, any political subdivision, any other state, any foreign entity or agent thereof, any agency of the Federal Government, to any contract vendor for such agencies or any subcontractor of the contract vendor, or to any person, firm, or business entity if not prohibited by federal law.
(2) No similar product or service of comparable price and quality found necessary for use by any state agency may be purchased from any source other than the corporation if the corporation certifies that the product is manufactured by, or the service is provided by, inmates and the product or service meets the comparable performance specifications and comparable price and quality requirements as specified under s. 287.042(1)(f) or as determined by an individual agency as provided in this section. The purchasing authority of any such state agency may make reasonable determinations of need, price, and quality with reference to products or services available from the corporation. In the event of a dispute between the corporation and any purchasing authority based upon price or quality under this section or s. 287.042(1)(f), either party may request a hearing with the Department of Management Services and if not resolved, either party may request a proceeding pursuant to ss. 120.569 and 120.57, which shall be referred to the Division of Administrative Hearings within 60 days after such request, to resolve any dispute under this section. No party is entitled to any appeal pursuant to s. 120.68.
(3) Agricultural commodities, including, but not limited to, sugar cane, vegetables, beef, and dairy products, may be sold to private entities or may be sold or disposed of as provided in subsections (1) and (2).
(4) The provisions of part I of chapter 287 do not apply to any purchases of commodities or contractual services made by any legislative, executive, or judicial agency of the state from the corporation.
(5) In addition, the corporation may contract to provide inmate services or inmate goods to private enterprise, where such services or goods are under the direct supervision of the corporation and, further, where it is determined by the Governor that the corporation by the provision of such services or goods does not unreasonably seek to compete with other businesses in this state.
(6) If, pursuant to a contract between any legislative, executive, or judicial agency of the state and any private contract vendor, a product or service is required by the Department of Management Services or on behalf of any state agency, is certified by or is available from the corporation identified in this chapter, and has been approved in accordance with subsection (2), the contract must contain the following language:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
(7) The provisions of s. 946.518 do not apply to this section.
1(8) On June 30, 2012, each state agency must submit a report to the President of the Senate and the Speaker of the House of Representatives which lists products or services obtained from a source other than the corporation when a comparable product or service could have been obtained from the corporation. The report must include an explanation of why the product or service was not obtained from the corporation. This subsection expires July 1, 2012.
History.—s. 2, ch. 83-209; s. 1, ch. 85-194; s. 46, ch. 86-183; ss. 4, 14, ch. 87-286; s. 6, ch. 91-298; s. 318, ch. 92-279; s. 55, ch. 92-326; s. 38, ch. 95-283; s. 7, ch. 96-270; s. 323, ch. 96-410; s. 9, ch. 97-227; s. 105, ch. 98-279; s. 7, ch. 99-260; s. 17, ch. 2000-155; s. 80, ch. 2011-47.
1Note.—Section 80, ch. 2011-47, added subsection (8) “[i]n order to implement specific appropriations for Expense and Other Capital Outlay in the 2011-2012 General Appropriations Act.”
Note.—Former s. 946.15.
946.516 Corporation status report and annual financial audit report.—
(1) The corporation shall submit to the Governor and the Legislature, on or before July 1 of each year, a report on the status of the correctional work programs, including, but not limited to, the proposed use of the profits from such programs, a breakdown of the amount of noninmate labor used, work subcontracted to other vendors, use of consultants, finished goods purchased for resale, and the number of inmates working in the correctional work programs at the time of such report. In addition, the corporation shall submit to the department, the Governor, the Legislature, and the Auditor General an annual financial audit report and such other information as may be requested by the Legislature, together with recommendations relating to provisions for reasonable tax incentives to private enterprises which employ inmates, parolees, or former inmates who have participated in correctional work programs.
(2) The department shall include, as a portion of its annual report, a report on postrelease job placement and the rate of subsequent contact with the correctional system for those inmates who have participated in the correctional work programs operated by the corporation and by the department.
(3) The corporation shall have an annual financial audit of its accounts and records by an independent certified public accountant retained by it and paid from its funds. The Auditor General or the director of the Office of Program Policy Analysis and Government Accountability may, pursuant to his or her own authority or at the direction of the Joint Legislative Auditing Committee, conduct an audit of the corporation.
(4) The corporation shall be governed by the generally accepted accounting principles as established by the Financial Accounting Standards Board (FASB) in order to carry out the intent of s. 946.502(2) and (5).
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 29, ch. 89-526; s. 8, ch. 96-270; s. 15, ch. 99-333; s. 9, ch. 2001-242.
Note.—Former s. 946.18.
946.517 Corporation records.—Corporation records are public records; however, proprietary confidential business information shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, the Legislature, the Chief Financial Officer, and the Governor, pursuant to their oversight and auditing functions, shall have access to all proprietary confidential business information upon request and without subpoena and shall retain the confidentiality of information so received. “Proprietary confidential business information” means information regardless of form or characteristics, that is owned or controlled by the corporation; is intended to be and is treated by the corporation as private and the disclosure of the information would cause harm to the corporation’s business operations; has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, a legislative proceeding pursuant to s. 5, Art. III of the State Constitution, or a private agreement that provides that the information may be released to the public; and, which is information regarding:
(1) Internal auditing controls and reports of internal auditors.
(2) Matters reasonably encompassed in privileged attorney-client communications.
(3) Security measures, systems, or procedures.
(4) Information concerning bids or other contractual data, banking records, and credit agreements, the disclosure of which would impair the efforts of the corporation to contract for goods or services on favorable terms.
(5) Information relating to private contractual data, the disclosure of which would impair the competitive interest of the provider of the information.
(6) Corporate officer, employee personnel, or inmate worker information unrelated to compensation, duties, qualifications, or responsibilities.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 1, ch. 94-331; s. 450, ch. 96-406; s. 1934, ch. 2003-261.
Note.—Former s. 946.19.
946.518 Sale of goods made by prisoners; when prohibited, when permitted.—Goods, wares, or merchandise manufactured or mined in whole or in part by prisoners (except prisoners on parole or probation) may not be sold or offered for sale in this state by any person or by any federal authority or state or political subdivision thereof; however, this section does not forbid the sale, exchange, or disposition of such goods within the limitations set forth in s. 946.515, s. 946.523, or s. 946.524.
History.—ss. 1, 2, ch. 19277, 1939; CGL 1940 Supp. 8135(61); s. 24, ch. 57-1; s. 1, ch. 61-180; s. 1, ch. 63-176; ss. 19, 35, ch. 69-106; s. 77, ch. 77-120; s. 90, ch. 79-3; s. 4, ch. 83-209; ss. 4, 15, ch. 87-286; s. 9, ch. 96-270; s. 45, ch. 96-312; s. 10, ch. 97-227; s. 18, ch. 2000-155; s. 10, ch. 2001-242.
Note.—Former ss. 959.02, 945.14, 946.20.
946.520 Assignment of inmates by Department of Corrections.—
(1) The department shall exert its best efforts to assign inmates to the corporation, or the private sector business authorized under this part, who have not less than 1 nor more than 5 years remaining before their tentative release dates. Beginning January 1, 1998, the department shall maintain the assignment of at least 60 percent of inmates to all correctional work programs collectively to the corporation, or to the private sector business authorized under this part, who have less than 10 years remaining before their tentative release dates. This 60-percent requirement does not apply to any correctional work program, or private sector business authorized under this part, within an institution for any year in which, as of January 1 of that year, the average years remaining before the tentative release date of all inmates assigned to that institution exceeds 12 years.
(2) The department may not remove an inmate once assigned to the corporation or to the private sector business authorized under this part, except upon request of or consent of such corporation or private sector business or for the purposes of population management, for inmate conduct that may subject the inmate to disciplinary confinement or loss of gain-time, or for security and safety concerns specifically set forth in writing to the corporation or private sector business.
History.—s. 11, ch. 97-227; s. 11, ch. 2001-242.
946.522 Prison Industries Trust Fund.—
(1) The Prison Industries Trust Fund is created, to be administered by the Department of Financial Services. The trust fund shall consist of moneys authorized to be deducted pursuant to 18 U.S.C. s. 1761(c) and the applicable federal guidelines, to be appropriated by the Legislature, and moneys deposited by the corporation authorized under this part to manage and operate correctional work programs. The appropriated funds shall be used by the corporation for purposes of construction or renovation of its facilities or for the expansion or establishment of correctional work programs as described in this part or for prison industries enhancement (PIE) programs as authorized under s. 946.523.
(2) The funds must be deposited in the State Treasury and may be paid out only on warrants drawn by the Chief Financial Officer upon receipt of a corporate resolution that has been duly authorized by the board of directors of the corporation authorized under this part to manage and operate correctional work programs. The corporation shall maintain all necessary records and accounts relative to such funds.
(3) The trust fund is exempt from s. 215.20.
(4) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of that year and shall be available for carrying out the purposes of the trust fund.
(5) Pursuant to s. 19(f)(3), Art. III of the State Constitution, the trust fund consists of assets held by the state, in a trustee capacity, as an agent or fiduciary for the corporation authorized under this part, and is not subject to termination under s. 19(f)(2), Art. III of the State Constitution.
History.—s. 1, ch. 2000-278; s. 1935, ch. 2003-261.
946.523 Prison industry enhancement (PIE) programs.— (1) The corporation may operate or contract with the private sector for substantial involvement in a prison industry enhancement (PIE) program that includes, but is not limited to, contracts for the operation of a direct private sector business within a prison and the hiring of inmates. Any contract authorized by this subsection must be in compliance with federal law governing inmate work programs and must not result in the significant displacement of employed workers in the community. The purposes and objectives of this program are to:
(a) Increase the benefits to the general public by reimbursing the state for a portion of the costs of incarceration.
(b) Provide purposeful work for inmates.
(c) Increase job skills.
(d) Provide additional opportunities for rehabilitating inmates who are otherwise ineligible to work outside the prisons, such as maximum security inmates.
(e) Develop and establish new models for prison-based businesses that create jobs approximating conditions of private sector employment.
(f) Draw upon the economic base of operations for deposit into the Crimes Compensation Trust Fund.
(g) Substantially involve the private sector and its capital, management skills, and expertise in the design, development, and operation of businesses.
(h) Provide the financial basis for an inmate to contribute to the support of his or her family.
(i) Provide for the payment of state and federal taxes on an inmate’s wages, which are paid at the rate of the prevailing or minimum wage rate.
(j) Provide savings for the inmate to have available for his or her use upon the inmate’s eventual release from prison.
(2) Notwithstanding any other law to the contrary, including s. 440.15(8), private sector employers shall provide workers’ compensation coverage to inmates who participate in prison industry enhancement (PIE) programs under subsection (1). However, inmates are not entitled to unemployment compensation.
History.—s. 9, ch. 99-260; s. 38, ch. 2003-412.
946.524 Corporation work camps.—
(1) The corporation may establish work camps that the corporation maintains and operates in accordance with chapter 951.
(2) The corporation may designate appropriate land that is owned or leased by the corporation, or may use state, county, or municipal land, as the site of the proposed facility. Any state lands used for the purposes authorized by this section must obtain prior approval of the Board of Trustees of the Internal Improvement Trust Fund. The work camps operated by the corporation may use inmates who are incarcerated in county or municipal jails for labor in correctional work programs or prison industry enhancement programs authorized by s. 946.523, and the corporation may enter into contracts to operate the work camps in accordance with s. 946.5025.
History.—s. 10, ch. 99-260.
1946.525 Participation by the corporation in the state group health insurance and prescription drug programs.—
(1) The board of directors of the corporation established under this part may apply for participation in the state group health insurance program authorized in s. 110.123 and the prescription drug coverage program authorized by s. 110.12315 by submitting an application along with a $500 nonrefundable fee to the Department of Management Services.
(2) As a prerequisite to the adoption of a resolution for participation in the state group health insurance and prescription drug coverage program, the corporation shall seek proposals to provide health insurance and prescription drug coverages which coverages are equivalent to those offered currently by the corporation and coverages equivalent to the state group health insurance and prescription drug coverage program. The corporation shall review and consider all responsive proposals prior to the adoption of any resolution for participation in the state group health insurance and prescription drug coverage program.
(3) If the Department of Management Services determines that the corporation is eligible to enroll, the corporation must agree to the following terms and conditions:
(a) The minimum enrollment or contractual period will be 3 years.
(b) The corporation must pay to the Department of Management Services an initial administrative fee not less than $2.61 per enrollee per month, or such other amount established annually to fully reimburse the Department of Management Services for its costs.
(c) Termination of participation of the corporation requires written notice 1 year before the termination date.
(d) If participation is terminated, the corporation may not reapply for participation for a period of 2 years.
(e) The corporation shall reimburse the state for 100 percent of its costs, including administrative costs.
(f) If the corporation fails to make the payments required by this section to fully reimburse the state, the Department of Revenue or the Department of Financial Services shall, upon the request of the Department of Management Services, deduct the amount owed by the employer from any funds to be distributed by it to the corporation. The amounts so deducted shall be transferred to the Department of Management Services for further distribution to the trust funds in accordance with this chapter.
(g) The corporation shall furnish the Department of Management Services any information requested by the Department of Management Services which the Department of Management Services considers necessary to administer the state group health insurance program and the prescription drug program.
(4) The provisions of ss. 624.436-624.446 do not apply to the State Group Insurance Program or to this section.
(5) The Department of Management Services may adopt rules necessary to administer this section.
History.—s. 14, ch. 2001-242; s. 1936, ch. 2003-261.
1Note.—Section 17, ch. 2001-242, provides that “[t]his act shall take effect upon becoming a law, except that [s. 946.525] shall take effect only when the Department of Management Services receives the favorable letters requested by section 15. If the favorable letters are not received, [s. 946.525] shall not take effect.”