Senate Bill sb0832c1
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Florida Senate - 2001 CS for SB 832
By the Committee on Criminal Justice and Senators Mitchell,
Lawson, Diaz de la Portilla and Wasserman Schultz
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1 A bill to be entitled
2 An act relating to the Correctional
3 Privatization Commission; amending s. 957.03,
4 F.S.; prohibiting the executive director, a
5 member, or an employee of the commission from
6 acting as a consultant for a criminal justice
7 entity; providing penalties; providing for the
8 commission and its staff to be under the
9 control of the Department of Management
10 Services; amending ss. 957.07, 957.11, F.S;
11 providing for the Office of Program Policy
12 Analysis and Government Accountability rather
13 than the Auditor General to certify certain
14 cost savings and evaluate contracts and private
15 contractors that construct and operate prisons;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Paragraph (e) of subsection (3) and
21 subsection (6) of section 957.03, Florida Statutes, are
22 amended to read:
23 957.03 Correctional Privatization Commission.--
24 (3) TERMS, ORGANIZATION, AND MEETINGS.--
25 (e) The commission may employ an executive director
26 and such staff as is necessary, within the limits of
27 legislative appropriation. The commission may retain such
28 consultants as it deems necessary to accomplish its mission.
29 Neither the executive director nor any consultant retained by
30 the commission may have been an employee or a contract vendor
31 of or a consultant to the department or the Department of
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Florida Senate - 2001 CS for SB 832
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1 Juvenile Justice, or an employee or a contract vendor of or a
2 consultant to a bidder, for 2 years prior to employment with
3 the commission and may not become an employee or a contract
4 vendor of or a consultant to the department or the Department
5 of Juvenile Justice, or an employee or a contract vendor of or
6 a consultant to a bidder, for 2 years following termination of
7 employment with the commission. The executive director, a
8 commissioner, or an employee of the commission may not act as
9 a consultant for any entity involved in the criminal justice
10 system while a member of or employed by the commission. Any
11 violation of this prohibition is punishable as provided in s.
12 112.317.
13 (6) SUPPORT BY DEPARTMENT OF MANAGEMENT SERVICES.--The
14 commission shall be a separate budget entity, and the
15 executive director shall be its chief administrative officer.
16 The Department of Management Services shall provide
17 administrative support and service to the commission to the
18 extent requested by the executive director. The commission and
19 its staff are not subject to the control, supervision, and or
20 direction of by the Department of Management Services in any
21 manner, including, but not limited to, personnel, purchasing,
22 and budgetary matters, and except to the extent as provided in
23 chapters 110, 216, 255, 282, and 287 for agencies of the
24 executive branch. The executive director may designate a
25 maximum of two policymaking or managerial positions as being
26 exempt from the Career Service System. These two positions may
27 be provided for as members of the Senior Management Service.
28 Section 2. Section 957.07, Florida Statutes, is
29 amended to read:
30 957.07 Cost-saving requirements.--The commission may
31 not enter into a contract or series of contracts unless the
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Florida Senate - 2001 CS for SB 832
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1 commission determines that the contract or series of contracts
2 in total for the facility will result in a cost savings to the
3 state of at least 7 percent over the public provision of a
4 similar facility. Such cost savings as determined by the
5 commission must be based upon the actual costs associated with
6 the construction and operation of similar facilities or
7 services as certified to the commission by the Office of
8 Program Policy Analysis and Government Accountability Auditor
9 General. In certifying the actual costs for the determination
10 of the cost savings required by this section, the Office of
11 Program Policy Analysis and Government Accountability Auditor
12 General shall calculate all of the cost components that
13 determine the inmate per diem in correctional facilities of a
14 substantially similar size, type, and location that are
15 operated by the department, including all administrative costs
16 associated with central administration. Services that are
17 provided to the department by other governmental agencies at
18 no direct cost to the department shall be assigned an
19 equivalent cost and included in the per diem. Reasonable
20 projections of payments of any kind to the state or any
21 political subdivision thereof for which the private entity
22 would be liable because of its status as private rather than a
23 public entity, including, but not limited to, corporate income
24 and sales tax payments, shall be included as cost savings in
25 all such determinations. In addition, the costs associated
26 with the appointment and activities of each contract monitor
27 shall be included in such determination. In counties where the
28 Department of Corrections pays its employees a competitive
29 area differential, the cost for the public provision of a
30 similar correctional facility may include the competitive area
31 differential paid by the department. The Office of Program
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Florida Senate - 2001 CS for SB 832
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1 Policy Analysis and Government Accountability Auditor General
2 shall provide a report detailing the state cost to design,
3 finance, acquire, lease, construct, and operate a facility
4 similar to the private correctional facility on a per diem
5 basis. This report shall be provided to the commission in
6 sufficient time that it may be included in the request for
7 proposals.
8 Section 3. Section 957.11, Florida Statutes, is
9 amended to read:
10 957.11 Evaluation of costs and benefits of
11 contracts.--The Office of Program Policy Analysis and
12 Government Accountability Auditor General shall develop and
13 implement an evaluation of the costs and benefits of each
14 contract entered into under this chapter. This evaluation must
15 include a comparison of the costs and benefits of constructing
16 and operating prisons by the state versus by private
17 contractors. The Office of Program Policy Analysis and
18 Government Accountability Auditor General shall also evaluate
19 the performance of the private contractor at the end of the
20 term of each management contract and make recommendations to
21 the Speaker of the House of Representatives and the President
22 of the Senate on whether to continue the contract.
23 Section 4. This act shall take effect July 1, 2001.
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Florida Senate - 2001 CS for SB 832
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 832
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4 The CS/SB 832 would not abolish the Correctional Privatization
Commission. The CS would:
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1. Prohibit the commission's members and staff from also
6 working as paid consultants for businesses and other
entities involved in the criminal justice industry and
7 provide penalties for violations;
8 2. Require the Department of Management Services to oversee
the operations of the commission, including but not
9 limited to personnel, purchasing, and budget, in
addition to the support services the Department of
10 Management Services now provides; and
11 3. Empower the Office Program Policy Analysis and
Governmental Accountability to review and evaluate the
12 performance of the commission and the vendors the
commission contracts with, rather than assigning that
13 task to the Auditor General's Office.
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