CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 16, line 31,

15

16  insert:

17         Section 6.  Section 944.115, Florida Statutes, is

18  created to read:

19         944.115  Smoking prohibited inside state correctional

20  facilities.--

21         (1)  The purpose of this section is to protect the

22  health, comfort, and environment of employees of the

23  Department of Corrections, employees of privately operated

24  correctional facilities, employees of the Correctional

25  Privatization Commission, and inmates by prohibiting inmates

26  from using tobacco products inside any office or building

27  within state correctional facilities, and by ensuring that

28  employees and visitors do not use tobacco products inside any

29  office or building within state correctional facilities.

30  Scientific evidence links the use of tobacco products with

31  numerous significant health risks. The use of tobacco products

                                  1
    9:55 AM   04/28/99                               s1742.cj10.0p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  by inmates, employees, or visitors is contrary to efforts by

 2  the Department of Corrections to reduce the cost of inmate

 3  health care and to limit unnecessary litigation. The

 4  Department of Corrections and the private vendors operating

 5  correctional facilities shall make smoking-cessation

 6  assistance available to inmates in order to implement this

 7  section. The Department of Corrections and the private vendors

 8  operating correctional facilities shall implement this section

 9  as soon as possible, and all provisions of this section must

10  be fully implemented by January 1, 2000.

11         (2)  As used in this section, the term:

12         (a)  "Department" means the Department of Corrections.

13         (b)  "Employee" means an employee of the department or

14  a private vendor in a contractual relationship with either the

15  Department of Corrections or the Correctional Privatization

16  Commission, and includes persons such as contractors,

17  volunteers, or law enforcement officers who are within a state

18  correctional facility to perform a professional service.

19         (c)  "State correctional facility" means a state or

20  privately operated correctional institution as defined in s.

21  944.02, or a correctional institution or facility operated

22  under s. 944.105 or chapter 957.

23         (d)  "Tobacco products" means items such as cigars,

24  cigarettes, snuff, loose tobacco, or similar goods made with

25  any part of the tobacco plant, which are prepared or used for

26  smoking, chewing, dipping, sniffing, or other personal use.

27         (e)  "Visitor" means any person other than an inmate or

28  employee who is within a state correctional facility for a

29  lawful purpose and includes, but is not limited to, persons

30  who are authorized to visit state correctional institutions

31  pursuant to s. 944.23 and persons authorized to visit as

                                  2
    9:55 AM   04/28/99                               s1742.cj10.0p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1  prescribed by departmental rule or vendor policy.

 2         (f)  "Prohibited areas" means any indoor areas of any

 3  building, portable, or other enclosed structure within a state

 4  correctional facility. The secretary of the department may, by

 5  rule, designate other areas, including vehicles, as

 6  "prohibited areas" to be regulated under this section. Neither

 7  employee housing on the grounds of a state correctional

 8  facility nor maximum security inmate housing areas may be

 9  designated as prohibited areas under this section. 

10         (3)(a)  An inmate within a state correctional facility

11  may not use tobacco products in prohibited areas at any time

12  while in the custody of the department or under the

13  supervision of a private vendor operating a correctional

14  facility.

15         (b)1.  An employee or visitor may not use any tobacco

16  products in prohibited areas.

17         2.  The superintendent, warden, or supervisor of a

18  state correctional facility shall take reasonable steps to

19  ensure that the tobacco prohibition for employees and visitors

20  is strictly enforced.

21         (4)  An inmate who violates this section commits a

22  disciplinary infraction and is subject to punishment

23  determined to be appropriate by the disciplinary authority in

24  the state correctional facility, including, but not limited

25  to, forfeiture of gain-time or the right to earn gain-time in

26  the future under s. 944.28.

27         (5)  The department may adopt rules and the private

28  vendors operating correctional facilities may adopt policies

29  and procedures for the implementation of this section, the

30  designation of prohibited areas and smoking areas, and for the

31  imposition of the following penalties:

                                  3
    9:55 AM   04/28/99                               s1742.cj10.0p




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1742

    Amendment No.    





 1         (a)  Inmates who violate this section will be subject

 2  to disciplinary action as provided by rule and in accordance

 3  with this section.

 4         (b)  Employees who violate this section will be subject

 5  to disciplinary action as provided by rule.

 6         (c)  Visitors who violate this section will be subject

 7  to removal of authorization to enter a correctional facility

 8  as provided by rule.

 9

10  (Redesignate subsequent sections.)

11

12

13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 1, line 28, after the semicolon

16

17  insert:

18         creating s. 944.115, F.S.; providing

19         legislative intent; requiring the Department of

20         Corrections and private vendors operating state

21         correctional facilities to make

22         smoking-cessation assistance available to

23         inmates; requiring full implementation of the

24         act by a specified date; providing definitions;

25         prohibiting an inmate within a state

26         correctional facility from using tobacco

27         products in prohibited areas; prohibiting

28         employees or visitors from using tobacco

29         products in prohibited areas; providing

30         penalties; authorizing the department to adopt

31         rules;

                                  4
    9:55 AM   04/28/99                               s1742.cj10.0p