HB 0003D 2003
1	A bill to be entitled
2	An act relating to corrections; amending s. 216.262, F.S.;
3	providing the Department of Corrections a mechanism for
4	additional positions and operational funds if the inmate
5	population of the department exceeds the projections of
6	the July 9, 2003, Criminal Justice Estimating Conference;
7	amending s. 216.292, F.S.; permitting the Governor to
8	initiate prison construction under certain circumstances;
9	requiring review and approval by the Legislative Budget
10	Commission; providing the Department of Corrections
11	additional operations and fixed capital outlay
12	appropriations for fiscal year 2003-2004 and specifying
13	the purposes of the operations appropriations; providing
14	for waiver of certain competitive bid and procurement
15	requirements for specified projects under certain
16	circumstances; providing an appropriation to the
17	Correctional Privatization Commission for fiscal year
18	2003–2004; requiring the Correctional Privatization
19	Commission to issue a request for proposals for the
20	design, construction, and operation of a specified prison
21	facility and to provide the Governor and Legislature with
22	a ranked list of proposals by a specified date; permitting
23	the execution of a contract upon final approval by the
24	Legislature; authorizing the Department of Corrections to
25	contract for the construction of an annex at the Santa
26	Rosa Correctional Institution; providing for the reversion
27	of certain funds appropriated in the 2003-2004 General
28	Appropriations Act; providing for construction of the act
29	in pari materia with laws enacted during the 2003 Regular
30	Session or a 2003 special session of the Legislature;
31	providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1. Subsection (4) of section 216.262, Florida
36	Statutes, as amended by section 35 of chapter 2003-399, Laws of
37	Florida, is amended to read:
38	216.262 Authorized positions.--
39	(4) Notwithstanding the provisions of this chapter on
40	increasing the number of authorized positions, and for the 2003-
41	2004 fiscal year only, if the actual inmate population of the
42	Department of Corrections exceeds by 2 percent for 2 consecutive
43	months or more the inmate population projections of the July 9,
44	2003, projected by the most recentCriminal Justice Estimating
45	Conference by 1 percent for 2 consecutive months or 2 percent
46	for any month, the Executive Office of the Governor shall
47	immediately notify the Criminal Justice Estimating Conference,
48	which shall convene as soon as possible to revise the estimates.
49	The Department of Corrections, with the approval of the
50	Legislative Budget Commission, may then submit a budget
51	amendment requesting the establishment of requestpositions in
52	excess of the number authorized by the Legislature and
53	additional appropriations sufficient funding from the General
54	Revenue Fund or the Working number authorized by the Legislature
55	and sufficient funding from the Working Capital Fund sufficient
56	to provide for essential staff and other resources to provide
57	classification, security, food services, health services, and
58	other variable expenses within the institutions to operate the
59	additional prison bed capacity necessary to accommodate the
60	estimated increase in the actual inmate population. All actions
61	taken pursuant to the authority granted in this subsection shall
62	be subject to review and approval by the Legislative Budget
63	Commission.This subsection expires July 1, 2004.
64	Section 2. Paragraph (f) is added to subsection (5) of
65	section 216.292, Florida Statutes, to read:
66	216.292 Appropriations nontransferable; exceptions.--
67	(5)
68	(f) Notwithstanding paragraph (d), the Governor may
69	approve the initiation of fixed capital outlay projects within
70	the Department of Corrections to increase the number of prison
71	beds sufficient to meet the demand that he or she certifies is
72	associated with any revised projection of inmate population
73	adopted by the Criminal Justice Estimating Conference pursuant
74	to s. 216.262(4). The Governor may request additional
75	appropriations from the General Revenue Fund or the Working
76	Capital Fund as necessary to fund any fixed capital outlay
77	projects initiated pursuant to the authority granted by this
78	paragraph. All actions taken pursuant to the authority granted
79	in this paragraph shall be subject to review and approval by the
80	Legislative Budget Commission. This paragraph expires March 8,
81	2004.
82	Section 3. (1) The following moneys and full-time
83	equivalent (FTE) positions are appropriated to the Department of
84	Corrections for fiscal year 2003-2004:
85	(a) The sum of $17,519,607 from the General Revenue Fund
86	and 512 FTEs for salaries and benefits.
87	(b) The sum of $5,341,956 from the General Revenue Fund
88	for expenses.
89	(c) The sum of $423,117 from the General Revenue Fund for
90	operating capital outlay.
91	(d) The sum of $1,774,790 from the General Revenue Fund
92	for food products.
93	(e) The sum of $48,871 from the General Revenue Fund for
94	food service and production.
95	(f) The sum of $445,842 from the General Revenue Fund for
96	salary incentive payments.
97	(g) The sum of $4,696,278 from the General Revenue Fund
98	for inmate health services.
99	(h) The sum of $1,269,720 from the General Revenue Fund
100	for fixed capital outlay for the reopening of the Hendry
101	Correctional Institution.
102	(i) The sums of $10,000,000 from the General Revenue Fund
103	and $17,545,694 from the Grants and Donations Trust Fund for
104	fixed capital outlay for a new 1,380-bed annex at the Santa Rosa
105	Correctional Institution.
106	(j) The sum of $4,811,856 from the General Revenue Fund
107	for fixed capital outlay for 14 new 131-bed, open-bay
108	dormitories.
109	(k) The sum of $2,000,000 from the General Revenue Fund
110	for fixed capital outlay for planning and permitting for a new
111	1,380-bed annex at the Washington Correctional Institution.
112	(2) Operating appropriations provided in subsection (1)
113	are for the following purposes:
114	(a) Increasing staff and other resources necessary to
115	provide supervision and classification to a total of 82,281
116	inmates.
117	(b) Increasing resources for food services, health
118	services, utilities, and other variable expenses for an average
119	daily population of 79,521 inmates.
120	(c) Providing for operational support staff and other
121	resources to reopen the Hendry Correctional Institution and the
122	South Florida Reception Center.
123	Section 4. Notwithstanding the requirements of s.
124	287.057(5)(a), Florida Statutes, the competitive bid and
125	procurement requirements of ss. 255.0525(1), 255.29(2) and (3),
126	287.055(3), (4), (5), and (9), and 287.057(1)(a), Florida
127	Statutes, are waived for the Department of Corrections to
128	expedite the construction of the Santa Rosa Correctional
129	Institution annex and the 14 new 131-bed, open-bay dormitories
130	and the improvements to the Hendry Correctional Institution that
131	are authorized in section 3 of this act if determined necessary
132	by the Secretary of Corrections in order to ensure that adequate
133	space is available to house the projected increase in the inmate
134	population.
135	Section 5. The sum of $75,000 is appropriated from the
136	General Revenue Fund for the 2003-2004 fiscal year to the
137	Correctional Privatization Commission to issue a request for
138	proposals for the design, construction, and operation of a new
139	1,800-bed prison facility. The request for proposals shall
140	require each respondent to include an option for financing the
141	initial acquisition and construction costs. The commission shall
142	rank the proposals and forward them to the Governor, the
143	President of the Senate, the Speaker of the House of
144	Representatives, and the chairs of the legislative
145	appropriations committees by March 1, 2004. The commission may
146	proceed with a contract upon final legislative approval of the
147	project and its financing method.
148	Section 6. Consistent with the provisions of s. 216.311,
149	Florida Statutes, the Department of Corrections is authorized to
150	contract for the construction of the new 1,380-bed annex at the
151	Santa Rosa Correctional Institution for which the initial
152	appropriation is made in section 3 of this act. The total
153	multiyear contract price may not exceed $48,795,000.
154	Section 7. Of the moneys appropriated from the Grants and
155	Donations Trust Fund of the Department of Corrections in
156	Specific Appropriation 660A of the 2003-2004 General
157	Appropriations Act, $8,621,040 shall revert to that trust fund.
158	Section 8. If any law amended by this act was also amended
159	by a law enacted at the 2003 Regular Session or a 2003 special
160	session of the Legislature, such laws shall be construed as if
161	they had been enacted at the same session of the Legislature,
162	and full effect shall be given to each if possible.
163	Section 9. This act shall take effect upon becoming a law.