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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2108

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Saunders moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 8, between lines 10 and 11,

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16  insert:

17         Section 2.  Paragraphs (a), (b), (c), and (d) of

18  subsection (1) of section 945.215, Florida Statutes, are

19  amended to read:

20         945.215  Inmate welfare and employee benefit trust

21  funds.--

22         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

23  CORRECTIONS.--

24         (a)  The Inmate Welfare Trust Fund constitutes a trust

25  held by the department for the benefit and welfare of inmates

26  incarcerated in correctional facilities operated directly by

27  the department and for visitation and family programs and

28  services in such correctional facilities. Funds shall be

29  credited to the trust fund as follows:

30         1.  All funds held in any auxiliary, canteen, welfare,

31  or similar fund in any correctional facility operated directly

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2108

    Amendment No.    





 1  by the department.

 2         2.  All net proceeds from operating inmate canteens,

 3  vending machines used primarily by inmates and visitors, hobby

 4  shops, and other such facilities; however, funds necessary to

 5  purchase items for resale at inmate canteens and vending

 6  machines must be deposited into local bank accounts designated

 7  by the department.

 8         3.  All proceeds from contracted telephone commissions.

 9  The department shall develop and update, as necessary,

10  administrative procedures to verify that:

11         a.  Contracted telephone companies accurately record

12  and report all telephone calls made by inmates incarcerated in

13  correctional facilities under the department's jurisdiction;

14         b.  Persons who accept collect calls from inmates are

15  charged the contracted rate; and

16         c.  The department receives the contracted telephone

17  commissions.

18         4.  Any funds that may be assigned by inmates or

19  donated to the department by the general public or an inmate

20  service organization; however, the department shall not accept

21  any donation from, or on behalf of, any individual inmate.

22         5.  Repayment of the one-time sum of $500,000

23  appropriated in fiscal year 1996-1997 from the Inmate Welfare

24  Trust Fund for correctional work programs pursuant to s.

25  946.008.

26         5.6.  All proceeds from:

27         a.  The confiscation and liquidation of any contraband

28  found upon, or in the possession of, any inmate;

29         b.  Disciplinary fines imposed against inmates;

30         c.  Forfeitures of inmate earnings; and

31         d.  Unexpended balances in individual inmate trust fund

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2108

    Amendment No.    





 1  accounts of less than $1.

 2         6.7.  All interest earnings and other proceeds derived

 3  from investments of funds deposited in the trust fund. In the

 4  manner authorized by law for fiduciaries, the secretary of the

 5  department, or the secretary's designee, may invest any funds

 6  in the trust fund when it is determined that such funds are

 7  not needed for immediate use.

 8         (b)  Funds in the Inmate Welfare Trust Fund must be

 9  used exclusively for the following purposes at correctional

10  facilities operated directly by the department:

11         1.  To operate inmate canteens and vending machines,

12  including purchasing items for resale at inmate canteens and

13  vending machines; employing personnel and inmates to manage,

14  supervise, and operate inmate canteens and vending machines;

15  and covering other operating and fixed capital outlay expenses

16  associated with operating inmate canteens and vending

17  machines;

18         2.  To employ personnel to manage and supervise the

19  proceeds from telephone commissions;

20         3.  To develop, implement, and maintain the medical

21  copayment accounting system;

22         4.  To provide literacy programs, vocational training

23  programs, and educational programs that comply with standards

24  of the Department of Education, including employing personnel

25  and covering other operating and fixed capital outlay expenses

26  associated with providing such programs;

27         5.  To operate inmate chapels, faith-based programs,

28  visiting pavilions, visiting services and programs, family

29  services and programs, libraries, and law libraries, including

30  employing personnel and covering other operating and fixed

31  capital outlay expenses associated with operating inmate

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2108

    Amendment No.    





 1  chapels, faith-based programs, visiting pavilions, visiting

 2  services and programs, family services and programs,

 3  libraries, and law libraries;

 4         6.  To purchase and repair televisions and antennae to

 5  be used in inmate common areas and visitation areas to provide

 6  inmates and their visitors with limited access to non-cable

 7  network programming.

 8         7.6.  To provide for expenses associated with various

 9  inmate clubs;

10         8.7.  To provide for expenses associated with legal

11  services for inmates;

12         9.8.  To provide inmate substance abuse treatment

13  programs and transition and life skills training programs,

14  including employing personnel and covering other operating and

15  fixed capital outlay expenses associated with providing such

16  programs.

17         10.  To purchase wellness equipment for use by inmates,

18  including equipment for team sports and fitness activities to

19  support wellness habits, to promote healthy behavior, and to

20  reduce idleness for better institutional management, but

21  excluding free weights.

22         (c)  The Legislature shall annually appropriate the

23  funds deposited in the Inmate Welfare Trust Fund. It is the

24  intent of the Legislature that total annual expenditures for

25  providing literacy programs, vocational training programs, and

26  educational programs exceed the combined total annual

27  expenditures for operating inmate chapels, faith-based

28  programs, visiting pavilions, visiting services and programs,

29  televisions, television repairs, family services and programs,

30  libraries, and law libraries, covering expenses associated

31  with inmate clubs, and providing inmate substance abuse

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2108

    Amendment No.    





 1  treatment programs and transition and life skills training

 2  programs.

 3         (d)  Funds in the Inmate Welfare Trust Fund or any

 4  other fund may not be used to purchase cable television

 5  service. Such funds may not generally be used, to rent or

 6  purchase videocassettes or, videocassette recorders, or other

 7  audiovisual or electronic equipment used primarily for

 8  recreation purposes. This paragraph does not preclude the

 9  purchase or rental of videocassettes or videocassette

10  recorders electronic or audiovisual equipment for inmate

11  training, or educational programs, or the amusement of

12  children in visitation areas.

13

14  (Redesignate subsequent sections.)

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16

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

18  And the title is amended as follows:

19         On page 1, lines 2 and 3, delete those lines

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21  and insert:

22         An act relating to the health care and wellness

23         of inmates in the state correctional system;

24         amending s. 945.215, F.S.; revising and

25         clarifying authorized uses of moneys in the

26         Inmate Welfare Trust Fund; providing

27         limitations; providing

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