Senate Bill sb0004D

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    Florida Senate - 2003                                   SB 4-D

    By Senator Crist





    12-2722C-03

  1                      A bill to be entitled

  2         An act relating to corrections; amending s.

  3         216.262, F.S.; providing the Department of

  4         Corrections a mechanism for additional

  5         positions and operational funds if the inmate

  6         population of the department exceeds the

  7         projections of the Criminal Justice Estimating

  8         Conference; amending s. 216.292, F.S.;

  9         permitting the Governor to initiate prison

10         construction under certain circumstances;

11         providing restrictions; providing additional

12         operations and fixed capital outlay

13         appropriations for the 2003-2004 fiscal year;

14         providing purposes for operating

15         appropriations; providing for waiver of certain

16         competitive bid and procurement requirements

17         for specified projects under specified

18         circumstances; providing an appropriation to

19         the Correctional Privatization Commission for

20         the 2003-2004 fiscal year; requiring the

21         Correctional Privatization Commission to issue

22         a request for proposals; requiring the

23         Correctional Privatization Commission to

24         provide the Legislature with a ranked list of

25         proposals by March 1, 2004; authorizing the

26         execution of a contract upon final approval by

27         the Legislature; authorizing the Department of

28         Corrections to contract for the construction of

29         certain beds consistent with s. 216.311, F.S.;

30         providing for the reversion of certain funds

31  

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    Florida Senate - 2003                                   SB 4-D
    12-2722C-03




 1         appropriated in Senate Bill 2A; providing an

 2         effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (4) of section 216.262, Florida

 7  Statutes, as amended by section 35 of Senate Bill 4A, 2003

 8  Special Session A, is amended to read:

 9         216.262  Authorized positions.--

10         (4)  Notwithstanding the provisions of this chapter on

11  increasing the number of authorized positions, and for the

12  2003-2004 2002-2003 fiscal year only, if the actual inmate

13  population of the Department of Corrections exceeds by 2

14  percent for 2 consecutive months or more the inmate population

15  projections of the July 9, 2003, projected by the most recent

16  Criminal Justice Estimating Conference by 1 percent for 2

17  consecutive months or 2 percent for any month, the Executive

18  Office of the Governor shall immediately notify the Criminal

19  Justice Estimating Conference, which shall convene as soon as

20  possible to revise the estimates. The Department of

21  Corrections may then submit a budget amendment requesting the

22  establishment of request positions in excess of the number

23  authorized by the Legislature and additional appropriations

24  sufficient funding from the General Revenue Fund or the

25  Working Capital Fund sufficient to provide for essential staff

26  and other resources to provide classification, security, food

27  services, health services, and other variable expenses within

28  the institutions to operate the additional prison bed capacity

29  necessary to accommodate the estimated increase in the actual

30  inmate population. Any action taken under this subsection is

31  

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    Florida Senate - 2003                                   SB 4-D
    12-2722C-03




 1  subject to review and approval by the Legislative Budget

 2  Commission. This subsection expires July 1, 2004 2003.

 3         Section 2.  Paragraph (f) is added to subsection (5) of

 4  section 216.292, Florida Statutes, to read:

 5         216.292  Appropriations nontransferable; exceptions.--

 6         (5)

 7         (f)  Notwithstanding paragraph (d), the Governor may

 8  approve fixed capital outlay projects of the Department of

 9  Corrections which are necessary to increase the number of

10  prison beds to meet the demand that the Governor certifies is

11  associated with any revised projection of inmate population

12  adopted by the Criminal Justice Estimating Conference under s.

13  216.262(4). The Governor may request additional appropriations

14  from the General Revenue Fund or the Working Capital Fund to

15  fund fixed capital outlay projects that increase the number of

16  prison beds pursuant to this paragraph. Any action taken under

17  this paragraph is subject to review and approval by the

18  Legislative Budget Commission. This paragraph expires March 8,

19  2004.

20         Section 3.  (1)  The following moneys and full-time

21  equivalent (FTE) positions are appropriated to the Department

22  of Corrections for fiscal year 2003-2004:

23         (a)  The sum of $17,519,607 from the General Revenue

24  Fund and 512 FTE's for salaries and benefits.

25         (b)  The sum of $5,341,956 from the General Revenue

26  Fund for expenses.

27         (c)  The sum of $423,117 from the General Revenue Fund

28  for operating capital outlay.

29         (d)  The sum of $1,774,790 from the General Revenue

30  Fund for food products.

31  

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    Florida Senate - 2003                                   SB 4-D
    12-2722C-03




 1         (e)  The sum of $48,871 from the General Revenue Fund

 2  for food service and production.

 3         (f)  The sum of $445,842 from the General Revenue Fund

 4  for salary incentive payments.

 5         (g)  The sum of $4,696,278 from the General Revenue

 6  Fund for inmate health services.

 7         (h)  The sum of $1,269,720 from the General Revenue

 8  Fund for fixed capital outlay for the reopening of the Hendry

 9  Correctional Institution.

10         (i)  The sums of $10 million from the General Revenue

11  Fund and $17,545,694 from the Grants and Donations Trust Fund

12  for the fixed capital outlay for a new 1,380-bed annex at the

13  Santa Rosa Correctional Institution.

14         (j)  The sum of $4,811,856 from the General Revenue

15  Fund for fixed capital outlay for 14 new 131-bed, open-bay

16  dormitories.

17         (k)  The sum of $2 million from the General Revenue

18  Fund for fixed capital outlay for planning and permitting for

19  a new 1,380-bed annex at the Washington Correctional

20  Institution.

21         (2)  Operating appropriations provided in subsection

22  (1) are for the following purposes:

23         (a)  Increasing staff and other resources necessary to

24  provide supervision and classification to a total of 82,281

25  inmates.

26         (b)  Increasing resources for food services, health

27  services, utilities, and other variable expenses for an

28  average daily population of 79,521 inmates.

29         (c)  Providing for operational support staff and other

30  resources to reopen the Hendry Correctional Institution and

31  the South Florida Reception Center.

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    Florida Senate - 2003                                   SB 4-D
    12-2722C-03




 1         Section 4.  Notwithstanding the requirements of section

 2  287.057(5)(a), Florida Statutes, the competitive bid and

 3  procurement requirements of sections 255.0525(1), 255.29(2)

 4  and (3), 287.055(3), (4), (5), and (9), and 287.057(1)(a),

 5  Florida Statutes, are waived for the Department of Corrections

 6  to expedite the construction of the Santa Rosa Correctional

 7  Institution annex and the 14 new 131-bed, open-bay dormitories

 8  and the improvements to the Hendry Correctional Institution

 9  that are authorized in section 3 of this act if determined

10  necessary by the Secretary of Corrections in order to ensure

11  that adequate space is available to house the projected

12  increase in the inmate population.

13         Section 5.  The sum of $75,000 is appropriated from the

14  General Revenue Fund for the 2003-2004 fiscal year to the

15  Correctional Privatization Commission to issue a request for

16  proposals for the design, construction, and operation of a

17  1,800-bed prison facility. The request for proposals must

18  require each respondent to include an option for financing the

19  initial acquisition and construction costs. The commission

20  shall rank the proposals and forward them to the Legislature

21  by March 1, 2004. The commission may proceed with a contract

22  upon final Legislative approval of the project and method of

23  financing.

24         Section 6.  Consistent with section 216.311, Florida

25  Statutes, the Department of Corrections may contract for the

26  construction of a 1,380-bed annex at the Santa Rosa

27  Correctional Institution, for which the initial appropriation

28  is made in section 3 of this act. The total multiyear contract

29  price may not exceed $48,795,000.

30         Section 7.  From the Grants and Donations Trust Fund

31  appropriation contained in Specific Appropriation 660A of

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    Florida Senate - 2003                                   SB 4-D
    12-2722C-03




 1  Senate Bill 2A from the 2003 Special Session A, the sum of

 2  $8,621,040 shall revert to the Grants and Donations Trust

 3  Fund.

 4         Section 8.  If any law that is amended by this act was

 5  also amended by a law enacted at the 2003 Regular Session or a

 6  2003 special session of the Legislature, such laws shall be

 7  construed as if they had been enacted during the same session

 8  of the Legislature, and full effect should be given to each if

 9  that is possible.

10         Section 9.  This act shall take effect upon becoming a

11  law.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Authorizes the Department of Corrections to increase
      personnel and necessary services if the Governor
16    certifies an increase in the prison population, as
      estimated by the Criminal Justice Estimating Conference.
17    Permits the Governor to approve fixed capital outlay
      projects under certain circumstances. Provides additional
18    appropriations to the Department of Corrections. Waives
      certain procurement and bid requirements for specified
19    projects. Requires the Correctional Privatization
      Commission to issue a request for proposals for the
20    design, construction, and operation of a 1,800-bed
      prison. Allows the Department of Corrections to contract
21    for the construction of a 1,380-bed prison. Requires that
      certain funds revert from a specified appropriation to
22    the Grants and Donations Trust Fund.

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