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



                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  2                                .
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  3                                .
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Harrington and Trovillion offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 8, line between lines 30 and 31,

16

17  insert:

18         Section 4.  Paragraphs (a), (b), (c), and (d) of

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

20  amended to read:

21         945.215  Inmate welfare and employee benefit trust

22  funds.--

23         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

24  CORRECTIONS.--

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

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

27  incarcerated in correctional facilities operated directly by

28  the department and for visitation and family programs and

29  services in such correctional facilities. Funds shall be

30  credited to the trust fund as follows:

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

                                  1

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  or similar fund in any correctional facility operated directly

  2  by the department.

  3         2.  All net proceeds from operating inmate canteens,

  4  vending machines used primarily by inmates and visitors, hobby

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

  6  purchase items for resale at inmate canteens and vending

  7  machines must be deposited into local bank accounts designated

  8  by the department.

  9         3.  All proceeds from contracted telephone commissions.

10  The department shall develop and update, as necessary,

11  administrative procedures to verify that:

12         a.  Contracted telephone companies accurately record

13  and report all telephone calls made by inmates incarcerated in

14  correctional facilities under the department's jurisdiction;

15         b.  Persons who accept collect calls from inmates are

16  charged the contracted rate; and

17         c.  The department receives the contracted telephone

18  commissions.

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

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

21  service organization; however, the department shall not accept

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

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

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

25  Trust Fund for correctional work programs pursuant to s.

26  946.008.

27         5.6.  All proceeds from:

28         a.  The confiscation and liquidation of any contraband

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

30         b.  Disciplinary fines imposed against inmates;

31         c.  Forfeitures of inmate earnings; and

                                  2

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1         d.  Unexpended balances in individual inmate trust fund

  2  accounts of less than $1.

  3         6.7.  All interest earnings and other proceeds derived

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

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

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

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

  8  not needed for immediate use.

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

10  used exclusively for the following purposes at correctional

11  facilities operated directly by the department:

12         1.  To operate inmate canteens and vending machines,

13  including purchasing items for resale at inmate canteens and

14  vending machines; employing personnel and inmates to manage,

15  supervise, and operate inmate canteens and vending machines;

16  and covering other operating and fixed capital outlay expenses

17  associated with operating inmate canteens and vending

18  machines;

19         2.  To employ personnel to manage and supervise the

20  proceeds from telephone commissions;

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

22  copayment accounting system;

23         4.  To provide literacy programs, vocational training

24  programs, and educational programs that comply with standards

25  of the Department of Education, including employing personnel

26  and covering other operating and fixed capital outlay expenses

27  associated with providing such programs;

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

29  visiting pavilions, visiting services and programs, family

30  services and programs, libraries, and law libraries, including

31  employing personnel and covering other operating and fixed

                                  3

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  capital outlay expenses associated with operating inmate

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

  3  services and programs, family services and programs,

  4  libraries, and law libraries;

  5         6.  To purchase and repair televisions and antennae to

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

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

  8  network programming.

  9         7.6.  To provide for expenses associated with various

10  inmate clubs;

11         8.7.  To provide for expenses associated with legal

12  services for inmates;

13         9.8.  To provide inmate substance abuse treatment

14  programs and transition and life skills training programs,

15  including employing personnel and covering other operating and

16  fixed capital outlay expenses associated with providing such

17  programs.

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

19  including equipment for team sports and fitness activities to

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

21  reduce idleness for better institutional management, but

22  excluding free weights.

23         (c)  The Legislature shall annually appropriate the

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

25  intent of the Legislature that total annual expenditures for

26  providing literacy programs, vocational training programs, and

27  educational programs exceed the combined total annual

28  expenditures for operating inmate chapels, faith-based

29  programs, visiting pavilions, visiting services and programs,

30  televisions, television repairs, family services and programs,

31  libraries, and law libraries, covering expenses associated

                                  4

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  with inmate clubs, and providing inmate substance abuse

  2  treatment programs and transition and life skills training

  3  programs.

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

  5  other fund may not be used to purchase cable television

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

  7  purchase videocassettes or, videocassette recorders, or other

  8  audiovisual or electronic equipment used primarily for

  9  recreation purposes. This paragraph does not preclude the

10  purchase or rental of videocassettes or videocassette

11  recorders electronic or audiovisual equipment for inmate

12  training, or educational programs, or the amusement of

13  children in visitation areas.

14         Section 5.  Subsections (2), (3), and (4) of section

15  946.502, Florida Statutes, are amended to read:

16         946.502  Legislative intent with respect to operation

17  of correctional work programs.--

18         (2)  It is further the intent of the Legislature that,

19  once one such nonprofit corporation is organized, no other

20  nonprofit corporation be organized for the purpose of carrying

21  out this part ss. 946.502-946.518.  In carrying out this part

22  ss. 946.502-946.518, the corporation is not an "agency" within

23  the meaning of s. 20.03(11).

24         (3)  It is further the intent of the Legislature that,

25  by July 1, 1985, the corporation shall lease have leased all

26  correctional work programs from the department.

27         (4)  It is further the intent of the Legislature that

28  the state shall have a continuing interest in assuring

29  continuity and stability in the operation of correctional work

30  programs and that this part ss. 946.502-946.518 be construed

31  in furtherance of such goals.

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1         Section 6.  Section 946.5025, Florida Statutes, is

  2  amended to read:

  3         946.5025  Authorization of corporation to enter into

  4  contracts.--The corporation established under this part

  5  chapter may enter into contracts to operate correctional work

  6  programs with any county or municipal authority that operates

  7  a correctional facility or with a contractor authorized under

  8  chapter 944 or chapter 957 to operate a private correctional

  9  facility. The corporation has the same powers, privileges, and

10  immunities in carrying out such contracts as it has under this

11  chapter.

12         Section 7.  Section 946.5026, Florida Statutes, is

13  amended to read:

14         946.5026  Sovereign immunity in tort actions.--The

15  provisions of s. 768.28 shall be applicable to the corporation

16  established under this part pursuant to s. 946.504(1), which

17  is deemed to be a corporation primarily acting as an

18  instrumentality of the state.

19         Section 8.  Section 946.503, Florida Statutes, is

20  amended to read:

21         946.503  Definitions to be used with respect to

22  correctional work programs.--As used in this part ss.

23  946.502-946.518, the term:

24         (1)  "Corporation" means the private nonprofit

25  corporation established pursuant to s. 946.504(1), or a

26  private nonprofit corporation whose sole member is the private

27  nonprofit corporation established pursuant to s. 946.504(1),

28  whose board of directors is identical to the board of

29  directors of the private nonprofit corporation established

30  pursuant to s. 946.504(1), to carry out this part ss.

31  946.502-946.518.

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1         (2)  "Correctional work program" means any program

  2  presently a part of the prison industries program operated by

  3  the department or any other correctional work program carried

  4  on at any state correctional facility presently or in the

  5  future, but the term does not include any program authorized

  6  by s. 945.091 or s. 946.40.

  7         (3)  "Department" means the Department of Corrections.

  8         (4)  "Facilities" means the buildings and land used in

  9  the operation of an industry program on state property.

10         (5)  "Inmate" means any person incarcerated within any

11  state, county, municipal, or private correctional facility.

12         (6)  "Private correctional facility" means a facility

13  authorized by chapter 944 or chapter 957.

14         Section 9.  Section 946.504, Florida Statutes, is

15  amended to read:

16         946.504  Organization of corporation to operate

17  correctional work programs; lease of facilities.--

18         (1)  The department shall lease buildings and land to

19  the nonprofit corporation authorized to operate the

20  correctional work programs, the members of which are appointed

21  by the Governor and confirmed by the Senate. The same

22  appointment process shall be followed to fill any vacancy. The

23  corporation shall be organized pursuant to chapter 617 and

24  shall possess all the powers granted by that chapter. The

25  Board of Trustees of the Internal Improvement Trust Fund shall

26  enter into leases directly with the corporation, for a period

27  of at least 20 years, for the lease of the lands that are

28  currently under sublease with the department and used by the

29  corporation for correctional work programs and that are

30  identified as subject to lease numbers 3513, 2946, 2675, 2937,

31  2673, and 2671 with the Board of Trustees of the Internal

                                  7

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  Improvement Trust Fund. Any additional improvements to such

  2  property leased by the corporation from the Board of Trustees

  3  must have the prior approval of the Board of Trustees of the

  4  Internal Improvement Trust Fund.

  5         (2)  No sublease for land from any other agency of

  6  state government shall be in excess of that amount for which

  7  the department is obligated to pay under any lease agreement

  8  with any other agency of state government.

  9         (3)  The corporation shall negotiate with the

10  department Department of Management Services to reach and

11  enter into an agreement for the lease of each correctional

12  work program proposed by the corporation.  The facilities to

13  be leased and the amount of rental for such facilities shall

14  be agreed upon by the department Department of Management

15  Services and the corporation, with consultation with the

16  department.  The length of such lease shall be mutually agreed

17  upon among the department, the Department of Management

18  Services, and the corporation; however, the initial lease may

19  not exceed 7 years.  The department shall continue to manage

20  and operate the various correctional work programs until the

21  lease between the department and the corporation is effective.

22         (4)  If the department leases a single correctional

23  work program at any correctional institution to the

24  corporation, the corporation shall lease all such correctional

25  work programs at that institution.

26         (5)(a)  Prior to entering into any lease or other

27  separate contract or agreement between the department and the

28  corporation, the department shall determine that:

29         1.  The members of the corporation were appointed by

30  the Governor and confirmed by the Senate;

31         2.  The articles of incorporation of the corporation

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  have been approved by the Governor; and

  2         3.  The articles of incorporation contain a provision

  3  that prohibits any director from voting on any matter that

  4  comes before the board of directors that would result in a

  5  direct monetary gain to any director or any entity in which

  6  any director has an interest.

  7         (b)  The lease must be submitted to the Attorney

  8  General for his or her approval as to form and legality.

  9         (b)(c)  All leases of land shall be subject to the

10  approval of the Board of Trustees of the Internal Improvement

11  Trust Fund.

12         (6)(a)  Upon the effective date of each lease of each

13  correctional work program, the department shall cause to be

14  remitted to the corporation all funds appropriated for,

15  associated with, or budgeted for the operation of that

16  correctional work program, as agreed upon among the

17  department, the Department of Management Services, and the

18  corporation.

19         (b)  No operating loss of any type may be transferred

20  to the corporation.

21         (7)  When it leases any correctional work program, the

22  corporation shall exercise a reasonable effort to employ the

23  personnel of the department who are currently involved in the

24  correctional work programs being leased to the corporation.

25         (6)(8)  Notwithstanding any provision to the contrary,

26  the corporation is authorized to use tax-exempt financing

27  through the issuance of tax-exempt bonds, certificates of

28  participation, lease-purchase agreements, or other tax-exempt

29  financing methods for the purpose of constructing facilities

30  or making capital improvements for correctional work programs

31  and prison industry enhancement programs on state-owned land

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  within state correctional institutions. Such tax-exempt

  2  financing may be funded by the General Appropriations Act. If

  3  the corporation obtains tax-exempt financing, the state

  4  retains a secured interest by holding a lien against any

  5  structure or improvement for which tax-exempt financing or

  6  state funds are used. The corporation shall include a

  7  provision in its financing contract requiring that a lien be

  8  filed by the Department of Corrections, on behalf of the

  9  state, in order to procure the issuance of tax-exempt bonds or

10  certificates of participation; to enter into lease-purchase

11  agreements; or to obtain any other tax-exempt financing

12  methods for the construction or renovation of facilities

13  related to correctional work programs or prison industry

14  enhancement programs. The lien shall be against the property

15  where any facility or structure is located which has been

16  constructed or substantially renovated, in whole or in part,

17  through the use of state funds. However, there is no

18  requirement for the Department of Corrections to file a lien

19  if the amount of state funds does not exceed $25,000 or 10

20  percent of the contract amount, whichever is less. The lien

21  must be recorded, upon the execution of the contract

22  authorizing such construction or renovation, in the county

23  where the property is located. The lien must specify that the

24  Department of Corrections has a financial interest in the

25  property equal to the pro rata portion of the state's original

26  investment of the then-fair-market value of the construction.

27  The lien must also specify that the Department of Corrections'

28  financial interest is proportionately reduced and subsequently

29  vacated over a 20-year period of depreciation. The contract

30  must include a provision that as a condition of receipt of

31  state funding for this purpose, the corporation agrees that,

                                  10

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  if it disposes of the property before the state's interest is

  2  vacated, the corporation will refund the proportionate share

  3  of the state's initial investment, as adjusted by

  4  depreciation.

  5         Section 10.  Section 946.506, Florida Statutes, is

  6  amended to read:

  7         946.506  Modification or termination of correctional

  8  work program by the corporation.--This part does Sections

  9  946.502-946.518 do not prevent the corporation from modifying,

10  altering, or terminating any correctional work program, once

11  assumed, so long as the corporation is otherwise carrying out

12  the provisions of this part ss. 946.502-946.518.

13         Section 11.  Subsection (1) of section 946.509, Florida

14  Statutes, is amended to read:

15         946.509  Insurance of property leased or acquired by

16  the corporation.--

17         (1)  The State Property Insurance Trust Fund created

18  under s. 284.01 shall insure all property eligible for

19  coverage under part I of chapter 284 which is leased by the

20  department to the corporation or which is subsequently

21  acquired and owned or leased by the corporation and subject to

22  the reversionary ownership interest of the state established

23  in s. 946.505.

24         Section 12.  Subsection (1) of section 946.511, Florida

25  Statutes, is amended to read:

26         946.511  Provision of inmate labor to operate

27  correctional work programs; policies and procedures.--

28         (1)  Inmates shall be evaluated and identified during

29  the reception process to determine basic literacy, employment

30  skills, academic skills, vocational skills, and remedial and

31  rehabilitative needs.  The evaluation shall prescribe

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  education, work, and work-training for each inmate. Assignment

  2  to programs shall be based on the evaluation and the length of

  3  time the inmate will be in the custody of the department.

  4  Assignment to programs shall be reviewed every 6 months to

  5  ensure proper placement based on bed space availability.

  6  Assignment of inmates shall be governed by the following

  7  objectives and priorities:

  8         (a)  Inmates shall be assigned to meet the needs of the

  9  work requirements of the Department of Corrections, including

10  essential operational functions and revenue-generating

11  contracts.

12         (b)  Inmates shall be assigned to correctional

13  education.

14         (c)  Inmates shall be assigned to meet all other work

15  requirements of the department, including remaining

16  operational functions and nonrevenue-generating contracts.

17

18  As used in this subsection, the term "revenue-generating

19  contracts" includes contracts with the Department of

20  Transportation, the corporation authorized to conduct the

21  correctional work programs under this part II, the corporation

22  and private sector businesses operating programs authorized

23  under s. 946.523 946.006(3), and federal, state, or local

24  governmental entities or subdivisions authorized under s.

25  944.10(7).

26         Section 13.  Subsections (1) and (2) of section

27  946.514, Florida Statutes, are amended to read:

28         946.514  Civil rights of inmates; inmates not state

29  employees; liability of corporation for inmate injuries.--

30         (1)  Nothing contained in this part ss. 946.502-946.517

31  is intended to restore in whole or in part the civil rights of

                                  12

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  inmates.

  2         (2)  No inmate compensated under this part ss.

  3  946.502-946.517 or by the corporation or the department shall

  4  be considered as an employee of the state, the department, or

  5  the corporation.

  6         Section 14.  Subsection (7) of section 946.515, Florida

  7  Statutes, is amended to read:

  8         946.515  Use of goods and services produced in

  9  correctional work programs.--

10         (7)  The provisions of s. ss. 946.21 and 946.518 do not

11  apply to this section.

12         Section 15.  Subsection (1) of section 946.516, Florida

13  Statutes, is amended to read:

14         946.516  Report to Governor, Legislature, and Auditor

15  General by the corporation; Department of Corrections report;

16  annual financial audit.--

17         (1)  The corporation shall submit to the Governor and

18  the Legislature, on or before July January 1 of each year, a

19  report on the status of the correctional work programs,

20  including, but not limited to, the proposed use of the profits

21  from such programs, a breakdown of the amount of noninmate

22  labor used, work subcontracted to other vendors, use of

23  consultants, finished goods purchased for resale, and the

24  number of inmates working in the correctional work programs at

25  the time of such report.  In addition, the corporation shall

26  submit to the department, the Governor, the Legislature, and

27  the Auditor General an annual financial audit report and such

28  other information as may be requested by the Legislature,

29  together with recommendations relating to provisions for

30  reasonable tax incentives to private enterprises which employ

31  inmates, parolees, or former inmates who have participated in

                                  13

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  correctional work programs.

  2         Section 16.  Section 946.518, Florida Statutes, is

  3  amended to read:

  4         946.518  Sale of goods made by prisoners; when

  5  prohibited, when permitted.--Goods, wares, or merchandise

  6  manufactured or mined in whole or in part by prisoners (except

  7  prisoners on parole or probation) may not be sold or offered

  8  for sale in this state by any person or by any federal

  9  authority or state or political subdivision thereof; however,

10  this section does and s. 946.21 do not forbid the sale,

11  exchange, or disposition of such goods within the limitations

12  set forth in s. 946.006(3), s. 946.515, s. 946.523, or s.

13  946.524 946.519.

14         Section 17.  Section 946.520, Florida Statutes, is

15  amended to read:

16         946.520  Assignment of inmates by Department of

17  Corrections.--

18         (1)  The department shall exert its best efforts to

19  assign inmates to the corporation, or the private sector

20  business authorized under this part I of this chapter, who

21  have not less than 1 nor more than 5 years remaining before

22  their tentative release dates.  Beginning January 1, 1998, the

23  department shall maintain the assignment of at least 60

24  percent of inmates to all correctional work programs

25  collectively to the corporation, or to the private sector

26  business authorized under this part I of this chapter, who

27  have less than 10 years remaining before their tentative

28  release dates.  This 60-percent requirement does not apply to

29  any correctional work program, or private sector business

30  authorized under this part I of this chapter, within an

31  institution for any year in which, as of January 1 of that

                                  14

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  year, the average years remaining before the tentative release

  2  date of all inmates assigned to that institution exceeds 12

  3  years.

  4         (2)  The department may not remove an inmate once

  5  assigned to the corporation or to the private sector business

  6  authorized under this part I of this chapter, except upon

  7  request of or consent of such corporation or private sector

  8  business or for the purposes of population management, for

  9  inmate conduct that may subject the inmate to disciplinary

10  confinement or loss of gain-time, or for security and safety

11  concerns specifically set forth in writing to the corporation

12  or private sector business.

13         Section 18.  Paragraph (f) of subsection (1) of section

14  957.04, Florida Statutes, is amended to read:

15         957.04  Contract requirements.--

16         (1)  A contract entered into under this chapter for the

17  operation of private correctional facilities shall maximize

18  the cost savings of such facilities and shall:

19         (f)  Require the contractor to be responsible for a

20  range of dental, medical, and psychological services; diet;

21  education; and work programs at least equal to those provided

22  by the department in comparable facilities. The work and

23  education programs must be designed to reduce recidivism, and

24  include opportunities to participate in such work programs as

25  authorized pursuant to s. 946.523 946.006.

26         Section 19.  Section 944.1055, Florida Statutes is

27  created to read:

28         No private entity may develop or operate a private

29  correctional or detention facility for the exclusive housing

30  of federal inmates or detainees, unless:

31         1.  The location, intended use, and description of the

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  facility has been approved by resolution of the legislative

  2  authority of the local governmental entity in which the

  3  facility is to be located after a public notice and meeting in

  4  accordance with applicable law; and

  5         2.  All correctional officers and security supervisory

  6  staff prior to being employed at the facility have completed a

  7  training curriculum that meets or exceeds the then current

  8  training standards for a correctional officer employed by the

  9  state.

10         Provided that if a private entity meeting the

11  requirements of this section elects exclusively to use

12  correctional officers and security supervision staff certified

13  pursuant to s. 943.1395, such officers and staff may use

14  necessary force in a manner consistent with the authority

15  granted to private correctional officers under s. 957.05.

16         Section 20.  Section 943.13, Florida Statutes, is

17  amended to read:

18         943.13  Officers' minimum qualifications for employment

19  or appointment.--On or after October 1, 1984, any person

20  employed or appointed as a full-time, part-time, or auxiliary

21  law enforcement officer or correctional officer; on or after

22  October 1, 1986, any person employed as a full-time,

23  part-time, or auxiliary correctional probation officer; and on

24  or after October 1, 1986, any person employed as a full-time,

25  part-time, or auxiliary correctional officer by a private

26  entity under contract to the Department of Corrections, to a

27  county commission, or to the Correctional Privatization

28  Commission or by a private entity electing exclusively to use

29  certified correctional officers operating a facility for the

30  exclusive housing of federal inmates or detainees shall:

31         (1)  Be at least 19 years of age.

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1         (2)  Be a citizen of the United States, notwithstanding

  2  any law of the state to the contrary.

  3         (3)  Be a high school graduate or its "equivalent" as

  4  the commission has defined the term by rule.

  5         (4)  Not have been convicted of any felony or of a

  6  misdemeanor involving perjury or a false statement, or have

  7  received a dishonorable discharge from any of the Armed Forces

  8  of the United States. Any person who, after July 1, 1981,

  9  pleads guilty or nolo contendere to or is found guilty of any

10  felony or of a misdemeanor involving perjury or a false

11  statement is not eligible for employment or appointment as an

12  officer, notwithstanding suspension of sentence or withholding

13  of adjudication. Notwithstanding this subsection, any person

14  who has pled nolo contendere to a misdemeanor involving a

15  false statement, prior to December 1, 1985, and has had such

16  record sealed or expunged shall not be deemed ineligible for

17  employment or appointment as an officer.

18         (5)  Have documentation of his or her processed

19  fingerprints on file with the employing agency or, if a

20  private correctional officer, have documentation of his or her

21  processed fingerprints on file with the Department of

22  Corrections or the Criminal Justice Standards and Training

23  Commission. If administrative delays are caused by the

24  department or the Federal Bureau of Investigation and the

25  person has complied with subsections (1)-(4) and (6)-(9), he

26  or she may be employed or appointed for a period not to exceed

27  1 calendar year from the date he or she was employed or

28  appointed or until return of the processed fingerprints

29  documenting noncompliance with subsections (1)-(4) or

30  subsection (7), whichever occurs first.

31         (6)  Have passed a physical examination by a licensed

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  physician, based on specifications established by the

  2  commission.

  3         (7)  Have a good moral character as determined by a

  4  background investigation under procedures established by the

  5  commission.

  6         (8)  Execute and submit to the employing agency or, if

  7  a private correctional officer, submit to the appropriate

  8  governmental entity an affidavit-of-applicant form, adopted by

  9  the commission, attesting to his or her compliance with

10  subsections (1)-(7). The affidavit shall be executed under

11  oath and constitutes an official statement within the purview

12  of s. 837.06. The affidavit shall include conspicuous language

13  that the intentional false execution of the affidavit

14  constitutes a misdemeanor of the second degree. The affidavit

15  shall be retained by the employing agency.

16         (9)  Complete a commission-approved basic recruit

17  training program for the applicable criminal justice

18  discipline, unless exempt under this subsection. An applicant

19  who has:

20         (a)  Completed a comparable basic recruit training

21  program for the applicable criminal justice discipline in

22  another state or for the Federal Government; and

23         (b)  Served as a full-time sworn officer in another

24  state or for the Federal Government for at least one year

25

26  is exempt in accordance with s. 943.131(2) from completing the

27  commission-approved basic recruit training program.

28         (10)  Achieve an acceptable score on the officer

29  certification examination for the applicable criminal justice

30  discipline.

31         (11)  Comply with the continuing training or education

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  requirements of s. 943.135.

  2         Section 21.  Subsection (4) of section 943.133, Florida

  3  Statutes, is amended to read:

  4         943.133  Responsibilities of employing agency,

  5  commission, and program with respect to compliance with

  6  employment qualifications and the conduct of background

  7  investigations; injunctive relief.--

  8         (4)(a)  When the employing agency is a private entity

  9  under contract to the county or the state pursuant to s.

10  944.105, s. 951.062, or chapter 957, the contracting agency

11  shall be responsible for meeting the requirements of

12  subsections (1), (2), and (3).

13         (b)  When the employer of a certified correctional

14  officer is a private entity electing to use certified

15  correctional officers operating a facility for the exclusive

16  housing of federal inmates or detainees, the employer shall be

17  responsible for meeting the requirements of subsection (1),

18  (2), and (3).

19         Section 22.  Subsection (4) of section 943.10, Florida

20  Statutes is amended to read:

21         943.10  Definitions; ss. 943.085-943.255.--The

22  following words and phrases as used in ss. 943.085-943.255 are

23  defined as follows:

24         (4)  "Employing agency" means any agency or unit of

25  government or any municipality or the state or any political

26  subdivision thereof, or any agent thereof, which has

27  constitutional or statutory authority to employ or appoint

28  persons as officers. The term also includes any private entity

29  which has contracted with the state or county for the

30  operation and maintenance of a nonjuvenile detention facility.

31  The term also includes any private entity electing exclusively

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  to use certified correctional officers operating a facility

  2  for the exclusive housing of federal inmates or detainees.

  3         The Agency for Health Care Administration, with the

  4  assistance of the Department of Corrections, shall conduct a

  5  feasibility study on the placement of aged, infirm or disabled

  6  correctional inmates into secure private sector long-term care

  7  facilities.  The feasibility study shall determine whether

  8  such placements would result in cost-savings for the state,

  9  what alternative fiscal resources would be available for these

10  placements, and whether such placements would be in the

11  interest of the general public and the inmates.  The study

12  shall be completed and presented, along with any

13  recommendations resulting therefrom, to the Legislature by

14  November 1, 2000.  The agency shall include public members and

15  representatives of the long-term care industry in an advisory

16  committee to assist in the study and preparation of the report

17  to the Legislature.  Members of the advisory committee shall

18  pay their own expenses and the agency shall staff the

19  committee from its existing resources.

20

21

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

23  And the title is amended as follows:

24         On page 1, line 2,

25  remove from the title of the bill:  the entire title

26

27  and insert in lieu thereof:

28         An act relating to correctional and detention

29  facilities; creating s. 784.078, F.S.; defining the terms

30  "facility" and "employee"; defining the offense of battery of

31  facility employee by throwing, tossing, or expelling certain

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  fluids or materials on an employee of a correctional facility

  2  of the state or local government or a secure facility operated

  3  and maintained by the Department of Corrections or the

  4  Department of Juvenile Justice or other facility employee, so

  5  as to cause or attempt to cause such employee to come into

  6  contact with the fluid or material; providing penalties;

  7  amending s. 921.0022, F.S.; providing for ranking the offense

  8  of battery of a facility employee for purposes of the Criminal

  9  Punishment Code offense severity ranking chart; amending s.

10  945.35, F.S.; providing an educational requirement for

11  correctional facility inmates on communicable diseases;

12  providing, upon the request of a correctional officer or other

13  employee or any unincarcerated person lawfully present in a

14  correctional facility, for testing of such persons and any

15  inmate who may have transmitted a communicable disease to such

16  persons; providing for results to be communicated to affected

17  parties; providing for access to health care; providing that

18  test results are inadmissible in court cases; requiring the

19  department to adopt rules; amending s. 945.215, F.S.; revising

20  and clarifying authorized uses of moneys in the Inmates

21  Welfare Trust Fund; providing operations of correctional work

22  programs; revising provisions relating to leased or managed

23  work programs to conform to current operations and

24  applications; amending ss. 946.502, 946.5025, 946.5026,

25  946.503, 946.506, 946.509, 946.511, 946.514, 946.515, 946.516,

26  946.518, and 946.520, F.S.; conforming internal cross

27  references; deleting obsolete language; clarifying a

28  definition; changing a reporting date; amending s. 946.504,

29  F.S.; deleting certain obsolete work program lease

30  requirements; deleting a requirement that the Department of

31  Corrections remit certain funds to a corporation established

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                                                   HOUSE AMENDMENT

                                          Bill No. SB 88, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  for correctional work program purposes; deleting a prohibition

  2  against transferring operating losses to the corporation;

  3  deleting a requirement that the corporation employ certain

  4  department personnel; amending s. 957.04, F.S., to conform a

  5  cross reference; providing for housing of federal inmates or

  6  detainees; creating s. 944.1055, F.S.; amending ss. 943.13,

  7  943.133 and 943.10; providing for a feasibility study on

  8  secure private sector long-term care facilities; providing an

  9  effective date.

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