The Florida Senate

946.002  Requirement of labor; compensation; amount; crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to compensation insurance benefits.

946.006  Correctional work programs.

946.0061  Application.

946.007  Correctional work program objectives.

946.008  Financing of correctional work programs.

946.21  Penalty for selling goods made by prisoners.

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.

946.002  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, academic, 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.

Note.--Former ss. 944.49, 944.50.

946.006  Correctional work programs.--

(1)  The Department of Corrections shall adopt and put into effect an agricultural and industrial production and marketing program to provide training facilities for persons confined in the adult correctional institutions under the control and supervision of the department. The emphasis of this program shall be to provide inmates with useful work experience, on a full-time basis when feasible, and appropriate job skills that will facilitate their reentry into society and provide an economic benefit to the public and the department through effective utilization of inmates.

(2)  The department is authorized to cause to be manufactured, processed, or produced by the inmates of the adult correctional institutions under the control and supervision of the department such items as are practical and adaptable for prison industry and are needed and used in state institutions and agencies and in other governmental jurisdictions of the state. The department shall give priority to the implementation of those activities and services that will directly assist in reducing the reliance of the department upon external sources of supply in the areas of agriculture, animal husbandry, and the allied craft trades that are capable of producing a fiscal benefit to the state and which will facilitate self-sufficiency for the inmate, the department, and other units of government.

(3)  The department is authorized to contract with the private sector for substantial involvement in a prison industry program which includes the operation of a direct private sector business within a prison and the hiring of inmate workers. The corporation acting on behalf of the state to operate prison industries established pursuant to part II is also authorized to contract with the private sector for substantial involvement in a prison industry program pursuant to this act, if said contract is approved by the department. Any contract authorized by this subsection shall be in compliance with federal law and shall not result in the significant displacement of employed workers in the community. The purposes and objectives of this program shall be to:

(a)  Increase benefits to the general public by reimbursement to the state for a portion of the costs of incarceration.

(b)  Provide purposeful work for inmates as a means of reducing tensions caused by overcrowding.

(c)  Increase job skills.

(d)  Provide additional opportunities for rehabilitation of 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 which create jobs approximating conditions of private sector employment.

(f)  Draw upon the economic base of operations for disposition to the Crimes Compensation Trust Fund.

(g)  Substantially involve the private sector with 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.

(4)  Notwithstanding any other law to the contrary, including s. 440.15(9), private sector employers shall provide inmates participating in correctional work programs under subsection (3) with workers' compensation coverage, and inmates shall be entitled to the benefits of such coverage. Nothing in this subsection shall be construed to allow inmates to participate in unemployment compensation benefits.

(5)  The department shall consult with the Florida Corrections Commission regarding its policies and procedures for the development and implementation of the programs authorized under this section. Upon the request of the department, the commission may provide recommendations to the department regarding proposals from companies interested in participating in correctional work programs.

History.--s. 6, ch. 57-213; ss. 19, 35, ch. 69-106; s. 2, ch. 72-24; s. 3, ch. 76-273; s. 1, ch. 94-155; s. 34, ch. 95-283; s. 41, ch. 96-312; s. 1867, ch. 97-102.

Note.--Former s. 945.06.

946.0061  Application.--Section 946.006(4) shall not apply to the correctional work programs operated under part II of this chapter.

History.--s. 35, ch. 95-283.

946.007  Correctional work program objectives.--In adopting or modifying master plans for correctional work programs, and in the administration of the Department of Corrections, it shall be the objective of the department to develop:

(1)  Attitudes favorable to work, the work situation, and a law-abiding life in each inmate employed in the correctional work program.

(2)  Training opportunities that are reasonably broad, but which develop specific work skills.

(3)  Programs that motivate inmates to use their abilities. Inmates who do not adjust to these programs shall be reassigned.

(4)  Training programs which will be of mutual benefit to all governmental jurisdictions of the state by reducing the costs of government to the taxpayers and which integrate all instructional programs into a unified curriculum suitable for all inmates, but taking account of the different abilities of each inmate.

(5)  A logical sequence of vocational training, employment by the correctional work programs, and postrelease job placement for inmates participating in correctional work programs.

History.--s. 6, ch. 76-273; s. 1, ch. 77-174; s. 82, ch. 79-3; s. 186, ch. 83-216; s. 24, ch. 89-526.

Note.--Former s. 945.061.

946.008  Financing of correctional work programs.--

(1)  The Department of Corrections shall explore new financing arrangements, including the involvement of private industry and expertise within or outside the institutions, to the maximum extent allowed by law. Nothing in this section shall be construed or interpreted as authorizing or permitting the department to incur a state debt of any kind or nature as contemplated by the State Constitution in relation to such financing arrangements.

(2)  Except as otherwise provided by law, funds appropriated to the Correctional Work Program Trust Fund shall be utilized for the purpose of renovation of, addition to, or construction of facilities or implementation of correctional work programs, including academic or vocational training designed to meet the needs of the selected industry programs at the various correctional institutions as authorized pursuant to s. 946.006. Such renovation, addition, or construction shall utilize inmate labor.

(3)  A one-time sum of $500,000 shall be appropriated from the Inmate Welfare Trust Fund to the Correctional Work Program Trust Fund in fiscal year 1996-1997 to fund the provisions of this section. This sum shall be repaid by the department when the unencumbered balance in the Correctional Work Program Trust Fund equals $750,000 or more.

(4)  The correctional work program shall be efficient and shall stress productive labor for all inmates physically able to engage in it.

History.--s. 7, ch. 76-273; s. 42, ch. 96-312.

Note.--Former s. 945.062.

946.21  Penalty for selling goods made by prisoners.--Every person violating the provisions of s. 946.518 shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 19277, 1939; CGL 1940 Supp. 8135(61); s. 1177, ch. 71-136; s. 16, ch. 87-286.

Note.--Former ss. 959.03, 945.15.

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 superintendent or 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.

946.31  Sources of fund.--Should any general service operation of an institution be transferred to the correctional 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 the correctional work programs authorized pursuant to s. 946.006 shall hereafter be credited to the Correctional Work Program Trust Fund, to be used for the purposes herein 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 as is determined by the Auditor General to be in excess of this amount shall be deposited in the General Revenue Fund, and the other half shall be utilized by the department for the expansion and improvement of the correctional work program.

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.

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 the correctional work programs herein set forth, and all costs of operation of correctional 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 the correctional work programs. Any withdrawals from the Correctional Work Program Trust Fund which do not relate to the operation of the correctional work program 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 said 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.

Note.--Former s. 945.19.

946.33  Disbursements from fund.--The funds shall be deposited in the State Treasury and paid out only on warrants drawn by the Comptroller, 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.

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.

946.501  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  Provision of inmate labor to operate correctional work programs; policies and procedures.

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  Report to Governor and Legislature by the corporation; Department of Corrections report; report to Governor and Legislature by Auditor General.

946.517  Corporation records.

946.518  Sale of goods made by prisoners; when prohibited, when permitted.

946.519  Use of goods and services produced in correctional work programs.

946.520  Assignment of inmates by Department of Corrections.

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 ss. 946.502-946.518. In carrying out ss. 946.502-946.518, the corporation is not an "agency" within the meaning of s. 20.03(11).

(3)  It is further the intent of the Legislature that, by July 1, 1985, the corporation shall have leased 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 ss. 946.502-946.518 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.

Note.--Former s. 946.01.

946.5025  Authorization of corporation to enter into contracts.--The corporation established under this chapter 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.

946.5026  Sovereign immunity in tort actions.--The provisions of s. 768.28 shall be applicable to the corporation established pursuant to s. 946.504(1), which is deemed to be a corporation primarily acting as an instrumentality of the state.

History.--s. 28, ch. 92-310.

946.503  Definitions to be used with respect to correctional work programs.--As used in ss. 946.502-946.518, the term:

(1)  "Corporation" means the private nonprofit corporation established pursuant to s. 946.504(1) to carry out ss. 946.502-946.518.

(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.

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.

(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.

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.

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.--Sections 946.502-946.518 do 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 ss. 946.502-946.518.

History.--s. 2, ch. 83-209; ss. 4, 9, ch. 87-286; s. 5, ch. 96-270.

Note.--Former s. 946.041.

946.509  Insurance of property leased or acquired by the corporation.--

(1)  The State Property Insurance Trust Fund created under s. 284.01 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 by the corporation and subject to the reversionary ownership interest of the state established in s. 946.505.

(2)  Coverage under the State Property Insurance 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 Insurance. All matters, including premium calculations, assessments and payments, retrospective premium adjustments, reporting requirements, and other requirements, concerning coverage of such property under the State Property Insurance 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 Property Insurance 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 Property Insurance 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.

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 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.

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 Insurance 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.

Note.--Former s. 946.083.

946.511  Provision of inmate labor to operate correctional work programs; policies and procedures.--

(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 part II, private sector businesses operating programs authorized under s. 946.006(3), 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.

Note.--Former s. 946.09.

946.512  Inmate compensation plan.--The corporation shall establish a compensation plan which 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 shall be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the department's Correctional Work Program Trust Fund to be used as provided in s. 946.32. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the department's Correctional Work Program Trust Fund to be used as provided in s. 946.32.

History.--s. 2, ch. 83-209; s. 4, ch. 87-286; s. 4, ch. 91-298; s. 7, ch. 97-227.

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 ss. 946.502-946.517 is intended to restore in whole or in part the civil rights of inmates.

(2)  No inmate compensated under ss. 946.502-946.517 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.

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). The corporation may contract with any political subdivision of this state to operate a fish and seafood processing plant and to spawn and grow fish and seafood for sale as provided in this subsection. However, the corporation may not breed or sell live tropical fish.

(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 ss. 946.21 and 946.518 do not apply to this section.

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.

Note.--Former s. 946.15.

946.516  Report to Governor and Legislature by the corporation; Department of Corrections report; report to Governor and Legislature by Auditor General.--

(1)  The corporation shall submit to the Governor and the Legislature, on or before January 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, and the Legislature an annual independently audited financial statement 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 Auditor General shall biennially conduct a financial and performance audit of the corporation, which shall be conducted in conjunction with an independent audit conducted by the auditors of the corporation. The Auditor General shall conduct additional audits upon the request of the Joint Legislative Auditing Committee.

(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.

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 Comptroller, 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.

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 and s. 946.21 do not forbid the sale, exchange, or disposition of such goods within the limitations set forth in s. 946.006(3), s. 946.515, or s. 946.519.

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.

Note.--Former ss. 959.02, 945.14, 946.20.

946.519  Use of goods and services produced in correctional work programs.--

(1)  Any service or item manufactured, processed, grown, or produced by the Department of Corrections in its present programs or in its future programs and not required for use therein may be furnished or sold to any legislative, executive, or judicial branch agency, department, or institution of the state; political subdivision of the state; other state; or agency of the Federal Government.

(2)  No similar article of comparable price and quality found necessary for use by any state agency may be purchased from any other source when the Department of Corrections certifies that the same is available and can be furnished by the department. The purchasing authority of any such state agency shall have the power to make reasonable determinations of need, price, and quality with reference to articles available for sale by such correctional work programs operated by the department. In the event of a dispute between the department and any purchasing authority based upon price or quality, the matter shall be referred to the Executive Office of the Governor, the decision of which shall be final.

History.--s. 13, ch. 57-213; s. 18, ch. 61-530; s. 2, ch. 63-176; ss. 19, 35, ch. 69-106; s. 1, ch. 71-109; s. 11, ch. 76-273; s. 1, ch. 77-174; s. 91, ch. 79-3; s. 147, ch. 79-190; s. 1, ch. 82-409; s. 5, ch. 83-209; s. 4, ch. 87-286.

Note.--Former ss. 945.16, 946.22.

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 part I of this chapter, 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 part I of this chapter, 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 part I of this chapter, 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 part I of this chapter, 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.