Amendment

Bill No. 1875

Amendment No. 009051

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 1875 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraphs (b) and (e) of subsection (6) of
6	section 20.315, Florida Statutes, are amended to read:
7	20.315  Department of Corrections.--There is created a
8	Department of Corrections.
9	(6)  FLORIDA CORRECTIONS COMMISSION.--
10	(b)  The primary functions of the commission are to:
11	1.  Recommend major correctional policies for the
12	Governor's approval, and assure that approved policies and any
13	revisions thereto are properly executed.
14	2.  Periodically review the status of the state
15	correctional system and recommend improvements therein to the
16	Governor and the Legislature.
17	3.  Annually perform an in-depth review of community-based
18	intermediate sanctions and recommend to the Governor and the
19	Legislature intergovernmental approaches through the Community
20	Corrections Partnership Act for planning and implementing such
21	sanctions and programs.
22	4.  Perform an in-depth evaluation of the annual budget
23	request of the Department of Corrections, the comprehensive
24	correctional master plan, and the tentative construction program
25	for compliance with all applicable laws and established
26	departmental policies. The commission may not consider
27	individual construction projects, but shall consider methods of
28	accomplishing the department's goals in the most effective,
29	efficient, and businesslike manner.
30	5.  Routinely monitor the financial status of the
31	Department of Corrections to assure that the department is
32	managing revenue and any applicable bond proceeds responsibly
33	and in accordance with law and established policy.
34	6.  Evaluate, at least quarterly, the efficiency,
35	productivity, and management of the Department of Corrections,
36	using performance and production standards developed by the
37	department under former subsection (18).
38	7.  Provide public education on corrections and criminal
39	justice issues.
40	8.  Report to the President of the Senate, the Speaker of
41	the House of Representatives, and the Governor by November 1 of
42	each year.
43	9.  Resolve disputes between the Department of Corrections
44	and the contractors for the private correctional facilities
45	entered into under chapter 957 when a contractor proposes to
46	waive a rule, policy, or procedure concerning operation
47	standards.
48	(e)  The commission shall appoint an executive director and
49	an assistant executive director, who shall serve under the
50	direction, supervision, and control of the commission. The
51	executive director, with the consent of the commission, shall
52	employ such staff as are necessary to perform adequately the
53	functions of the commission, within budgetary limitations. All
54	employees of the commission are exempt from part II of chapter
55	110 and serve at the pleasure of the commission. The salaries
56	and benefits of all employees of the commission shall be set in
57	accordance with the Selected Exempt Service rules; however, the
58	commission shall have complete authority for fixing the salaries
59	of the executive director and the assistant executive director.
60	The executive director and staff of the Task Force for Review of
61	the Criminal Justice and Corrections System, created under
62	chapter 93-404, Laws of Florida, shall serve as the staff for
63	the commission until the commission hires an executive director.
64	Section 2.  Subsection (17) is added to section 287.042,
65	Florida Statutes, to read:
66	287.042  Powers, duties, and functions.--The department
67	shall have the following powers, duties, and functions:
68	(17)(a)  To enter into contracts pursuant to chapter 957,
69	and to acquire the contractual rights and assume the contractual
70	obligations of the Correctional Privatization Commission in
71	contracts previously entered into pursuant to chapter 957, for
72	the designing, financing, acquiring, leasing, constructing, or
73	operating of private correctional facilities. The department
74	shall enter into a contract or contracts with one contractor per
75	facility for the designing, acquiring, financing, leasing,
76	constructing, and operating of that facility or may, if
77	specifically authorized by the Legislature, separately contract
78	for any such services.
79	(b)  To manage and enforce compliance with existing or
80	future contracts entered into pursuant to chapter 957.
81
82	The department may not delegate the responsibilities conferred
83	by this subsection.
84	Section 3.  Section 394.9151, Florida Statutes, is amended
85	to read:
86	394.9151  Contract authority.--The Department of Children
87	and Family Services may contract with a private entity or state
88	agency for use of and operation of facilities to comply with the
89	requirements of this act. The Department of Children and Family
90	Services may also contract with the Department of Management
91	Services Correctional Privatization Commission as defined in
92	chapter 957 to issue a request for proposals and monitor
93	contract compliance for these services.
94	Section 4.  Section 943.13, Florida Statutes, is amended to
95	read:
96	943.13  Officers' minimum qualifications for employment or
97	appointment.--On or after October 1, 1984, any person employed
98	or appointed as a full-time, part-time, or auxiliary law
99	enforcement officer or correctional officer; on or after October
100	1, 1986, any person employed as a full-time, part-time, or
101	auxiliary correctional probation officer; and on or after
102	October 1, 1986, any person employed as a full-time, part-time,
103	or auxiliary correctional officer by a private entity under
104	contract to the Department of Corrections, to a county
105	commission, or to the Department of Management Services
106	Correctional Privatization Commission shall:
107	(1)  Be at least 19 years of age.
108	(2)  Be a citizen of the United States, notwithstanding any
109	law of the state to the contrary.
110	(3)  Be a high school graduate or its "equivalent" as the
111	commission has defined the term by rule.
112	(4)  Not have been convicted of any felony or of a
113	misdemeanor involving perjury or a false statement, or have
114	received a dishonorable discharge from any of the Armed Forces
115	of the United States. Any person who, after July 1, 1981, pleads
116	guilty or nolo contendere to or is found guilty of any felony or
117	of a misdemeanor involving perjury or a false statement is not
118	eligible for employment or appointment as an officer,
119	notwithstanding suspension of sentence or withholding of
120	adjudication. Notwithstanding this subsection, any person who
121	has pled nolo contendere to a misdemeanor involving a false
122	statement, prior to December 1, 1985, and has had such record
123	sealed or expunged shall not be deemed ineligible for employment
124	or appointment as an officer.
125	(5)  Have documentation of his or her processed
126	fingerprints on file with the employing agency or, if a private
127	correctional officer, have documentation of his or her processed
128	fingerprints on file with the Department of Corrections or the
129	Criminal Justice Standards and Training Commission. If
130	administrative delays are caused by the department or the
131	Federal Bureau of Investigation and the person has complied with
132	subsections (1)-(4) and(6)-(9), he or she may be employed or
133	appointed for a period not to exceed 1 calendar year from the
134	date he or she was employed or appointed or until return of the
135	processed fingerprints documenting noncompliance with
136	subsections (1)-(4) or subsection (7), whichever occurs first.
137	(6)  Have passed a physical examination by a licensed
138	physician or physician assistant, based on specifications
139	established by the commission.
140	(7)  Have a good moral character as determined by a
141	background investigation under procedures established by the
142	commission.
143	(8)  Execute and submit to the employing agency or, if a
144	private correctional officer, submit to the appropriate
145	governmental entity an affidavit-of-applicant form, adopted by
146	the commission, attesting to his or her compliance with
147	subsections (1)-(7). The affidavit shall be executed under oath
148	and constitutes an official statement within the purview of s.
149	837.06. The affidavit shall include conspicuous language that
150	the intentional false execution of the affidavit constitutes a
151	misdemeanor of the second degree. The affidavit shall be
152	retained by the employing agency.
153	(9)  Complete a commission-approved basic recruit training
154	program for the applicable criminal justice discipline, unless
155	exempt under this subsection. An applicant who has:
156	(a)  Completed a comparable basic recruit training program
157	for the applicable criminal justice discipline in another state
158	or for the Federal Government; and
159	(b)  Served as a full-time sworn officer in another state
160	or for the Federal Government for at least 1 year provided there
161	is no more than an 8-year break in employment, as measured from
162	the separation date of the most recent qualifying employment to
163	the time a complete application is submitted for an exemption
164	under this section,
165
166	is exempt in accordance with s. 943.131(2) from completing the
167	commission-approved basic recruit training program.
168	(10)  Achieve an acceptable score on the officer
169	certification examination for the applicable criminal justice
170	discipline.
171	(11)  Comply with the continuing training or education
172	requirements of s. 943.135.
173	Section 5.  Subsection (4) of section 944.02, Florida
174	Statutes, is amended to read:
175	944.02  Definitions.--The following words and phrases used
176	in this chapter shall, unless the context clearly indicates
177	otherwise, have the following meanings:
178	(4)  "Elderly offender" means a prisoner age 50 or older in
179	a state correctional institution or facility operated by the
180	Department of Corrections or the Department of Management
181	Services Correctional Privatization Commission.
182	Section 6.  Subsection (1) and paragraph (b) of subsection
183	(2) of section 944.115, Florida Statutes, are amended to read:
184	944.115  Smoking prohibited inside state correctional
185	facilities.--
186	(1)  The purpose of this section is to protect the health,
187	comfort, and environment of employees of the Department of
188	Corrections, employees of privately operated correctional
189	facilities, employees of the Correctional Privatization
190	Commission, and inmates by prohibiting inmates from using
191	tobacco products inside any office or building within state
192	correctional facilities, and by ensuring that employees and
193	visitors do not use tobacco products inside any office or
194	building within state correctional facilities. Scientific
195	evidence links the use of tobacco products with numerous
196	significant health risks. The use of tobacco products by
197	inmates, employees, or visitors is contrary to efforts by the
198	Department of Corrections to reduce the cost of inmate health
199	care and to limit unnecessary litigation. The Department of
200	Corrections and the private vendors operating correctional
201	facilities shall make smoking-cessation assistance available to
202	inmates in order to implement this section. The Department of
203	Corrections and the private vendors operating correctional
204	facilities shall implement this section as soon as possible, and
205	all provisions of this section must be fully implemented by
206	January 1, 2000.
207	(2)  As used in this section, the term:
208	(b)  "Employee" means an employee of the department or a
209	private vendor in a contractual relationship with either the
210	Department of Corrections or the Department of Management
211	Services Correctional Privatization Commission, and includes
212	persons such as contractors, volunteers, or law enforcement
213	officers who are within a state correctional facility to perform
214	a professional service.
215	Section 7.  Subsection (1) of section 944.72, Florida
216	Statutes, is amended to read:
217	944.72  Privately Operated Institutions Inmate Welfare
218	Trust Fund.--
219	(1)  There is hereby created in the Department of
220	Corrections the Privately Operated Institutions Inmate Welfare
221	Trust Fund. The purpose of the trust fund shall be the benefit
222	and welfare of inmates incarcerated in private correctional
223	facilities under contract with the department pursuant to
224	chapter 944 or the Department of Management Services
225	Correctional Privatization Commission pursuant to chapter 957.
226	Moneys shall be deposited in the trust fund and expenditures
227	made from the trust fund as provided in s. 945.215.
228	Section 8.  Section 944.8041, Florida Statutes, is amended
229	to read:
230	944.8041  Elderly offenders; annual review.--For the
231	purpose of providing information to the Legislature on elderly
232	offenders within the correctional system, the Florida
233	Corrections Commission and the Correctional Medical Authority
234	shall each submit annually a report on the status and treatment
235	of elderly offenders in the state-administered and private state
236	correctional systems, as well as such information on the River
237	Junction Correctional Institution.  In order to adequately
238	prepare the reports, the Department of Corrections and the
239	Department of Management Services Correctional Privatization
240	Commission shall grant access to the Florida Corrections
241	Commission and the Correctional Medical Authority which includes
242	access to the facilities, offenders, and any information the
243	agencies require to complete their reports.  The review shall
244	also include an examination of promising geriatric policies,
245	practices, and programs currently implemented in other
246	correctional systems within the United States.  The reports,
247	with specific findings and recommendations for implementation,
248	shall be submitted to the President of the Senate and the
249	Speaker of the House of Representatives on or before December 31
250	of each year.
251	Section 9.  Paragraphs (a) and (c) of subsection (2) of
252	section 945.215, Florida Statutes, are amended to read:
253	945.215  Inmate welfare and employee benefit trust funds.--
254	(2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
255	FUND; PRIVATE CORRECTIONAL FACILITIES.--
256	(a)  For purposes of this subsection, privately operated
257	institutions or private correctional facilities are those
258	correctional facilities under contract with the department
259	pursuant to chapter 944 or the Department of Management Services
260	Correctional Privatization Commission pursuant to chapter 957.
261	(c)  The Department of Management Services Correctional
262	Privatization Commission shall annually compile a report that
263	documents Privately Operated Institutions Inmate Welfare Trust
264	Fund receipts and expenditures at each private correctional
265	facility. This report must specifically identify receipt sources
266	and expenditures. The Department of Management Services
267	Correctional Privatization Commission shall compile this report
268	for the prior fiscal year and shall submit the report by
269	September 1 of each year to the chairs of the appropriate
270	substantive and fiscal committees of the Senate and House of
271	Representatives and to the Executive Office of the Governor.
272	Section 10.  Section 957.01, Florida Statutes, is amended
273	to read:
274	957.01  Short title.--This chapter may be cited as the
275	"Correctional Privatization Commission Act."
276	Section 11.  Effective July 1, 2005, section 957.02,
277	Florida Statutes, is amended to read:
278	957.02  Definitions.--As used in this chapter,:
279	(1)  "Commission" means the Correctional Privatization
280	Commission.
281	(2)  "department" means the Department of Corrections.
282	Section 12.  Effective July 1, 2005, section 957.03,
283	Florida Statutes, is repealed.
284	Section 13.  Section 957.04, Florida Statutes, is amended
285	to read:
286	957.04  Contract requirements.--
287	(1)  A contract entered into under this chapter for the
288	operation of private correctional facilities shall maximize the
289	cost savings of such facilities and shall:
290	(a)  Be negotiated with the firm found most qualified.
291	However, a contract for private correctional services may not be
292	entered into by the Department of Management Services commission
293	unless the Department of Management Services commission
294	determines that the contractor has demonstrated that it has:
295	1.  The qualifications, experience, and management
296	personnel necessary to carry out the terms of the contract.
297	2.  The ability to expedite the siting, design, and
298	construction of correctional facilities.
299	3.  The ability to comply with applicable laws, court
300	orders, and national correctional standards.
301	(b)  Indemnify the state and the department, including
302	their officials and agents, against any and all liability,
303	including, but not limited to, civil rights liability.  Proof of
304	satisfactory insurance is required in an amount to be determined
305	by the Department of Management Services commission, following
306	consultation with the Division of Risk Management of the
307	Department of Financial Services.  Not less than 30 days prior
308	to the release of each request for proposals by the commission,
309	the commission shall request the written recommendation of the
310	division regarding indemnification of the state and the
311	department under this paragraph.  Within 15 days after such
312	request, the division shall provide a written recommendation to
313	the commission regarding the amount and manner of such
314	indemnification.  The commission shall adopt the division's
315	recommendation unless, based on substantial competent evidence,
316	the commission determines a different amount and manner of
317	indemnification is sufficient.
318	(c)  Require that the contractor seek, obtain, and maintain
319	accreditation by the American Correctional Association for the
320	facility under that contract.  Compliance with amendments to the
321	accreditation standards of the association is required upon the
322	approval of such amendments by the commission.
323	(d)  Require that the proposed facilities and the
324	management plans for the inmates meet applicable American
325	Correctional Association standards and the requirements of all
326	applicable court orders and state law.
327	(e)  Establish operations standards for correctional
328	facilities subject to the contract. However, if the department
329	and the contractor disagree with an operations standard, the
330	contractor The commission may propose to waive any rule, policy,
331	or procedure of the department related to the operations
332	standards of correctional facilities which is that are
333	inconsistent with the mission of the contractor commission to
334	establish cost-effective, privately operated correctional
335	facilities. The Florida Corrections Commission shall be
336	responsible for considering all proposals from the contractor to
337	waive any rule, policy, or procedure and shall render a final
338	decision granting or denying such request.
339	(f)  Require the contractor to be responsible for a range
340	of dental, medical, and psychological services; diet; education;
341	and work programs at least equal to those provided by the
342	department in comparable facilities. The work and education
343	programs must be designed to reduce recidivism, and include
344	opportunities to participate in such work programs as authorized
345	pursuant to s. 946.523.
346	(g)  Require the selection and appointment of a full-time
347	contract monitor. The contract monitor shall be appointed and
348	supervised by the Department of Management Services commission.
349	The contractor is required to reimburse the Department of
350	Management Services commission for the salary and expenses of
351	the contract monitor. It is the obligation of the contractor to
352	provide suitable office space for the contract monitor at the
353	correctional facility. The contract monitor shall have unlimited
354	access to the correctional facility.
355	(h)  Be for a period of 3 years and may be renewed for
356	successive 2-year periods thereafter.  However, the state is not
357	obligated for any payments to the contractor beyond current
358	annual appropriations.
359	(2)  Each contract entered into for the design and
360	construction of a private correctional facility or juvenile
361	commitment facility must include:
362	(a)  Notwithstanding any provision of chapter 255 to the
363	contrary, a specific provision authorizing the use of tax-exempt
364	financing through the issuance of tax-exempt bonds, certificates
365	of participation, lease-purchase agreements, or other tax-exempt
366	financing methods.  Pursuant to s. 255.25, approval is hereby
367	provided for the lease-purchase of up to two private
368	correctional facilities and any other facility authorized by the
369	General Appropriations Act.
370	(b)  A specific provision requiring the design and
371	construction of the proposed facilities to meet the applicable
372	standards of the American Correctional Association and the
373	requirements of all applicable court orders and state law.
374	(c)  A specific provision requiring the contractor, and not
375	the Department of Management Services commission, to obtain the
376	financing required to design and construct the private
377	correctional facility or juvenile commitment facility built
378	under this chapter.
379	(d)  A specific provision stating that the state is not
380	obligated for any payments that exceed the amount of the current
381	annual appropriation.
382	(3)(a)  Each contract for the designing, financing,
383	acquiring, leasing, constructing, and operating of a private
384	correctional facility shall be subject to ss. 255.2502 and
385	255.2503.
386	(b)  Each contract for the designing, financing, acquiring,
387	leasing, and constructing of a private juvenile commitment
388	facility shall be subject to ss. 255.2502 and 255.2503.
389	(4)  A contract entered into under this chapter does not
390	accord third-party beneficiary status to any inmate or juvenile
391	offender or to any member of the general public.
392	(5)  Each contract entered into by the Department of
393	Management Services commission must include substantial minority
394	participation unless demonstrated by evidence, after a good
395	faith effort, as impractical and must also include any other
396	requirements the Department of Management Services commission
397	considers necessary and appropriate for carrying out the
398	purposes of this chapter.
399	(6)  Notwithstanding s. 253.025(7), the Board of Trustees
400	of the Internal Improvement Trust Fund need not approve a lease-
401	purchase agreement negotiated by the Department of Management
402	Services commission if the Department of Management Services
403	commission finds that there is a need to expedite the lease-
404	purchase.
405	(7)(a)  Notwithstanding s. 253.025 or s. 287.057, whenever
406	the Department of Management Services commission finds it to be
407	in the best interest of timely site acquisition, it may contract
408	without the need for competitive selection with one or more
409	appraisers whose names are contained on the list of approved
410	appraisers maintained by the Division of State Lands of the
411	Department of Environmental Protection in accordance with s.
412	253.025(6)(b). In those instances when the Department of
413	Management Services commission directly contracts for appraisal
414	services, it shall also contract with an approved appraiser who
415	is not employed by the same appraisal firm for review services.
416	(b)  Notwithstanding s. 253.025(6), the Department of
417	Management Services commission may negotiate and enter into
418	lease-purchase agreements before an appraisal is obtained. Any
419	such agreement must state that the final purchase price cannot
420	exceed the maximum value allowed by law.
421	(8)  Notwithstanding s. 957.03(4), the Department of
422	Management Services shall be the successor agency for the
423	Correctional Privatization Commission in all contracts entered
424	into pursuant to this chapter which are in effect on July 1,
425	2004. Buildings and other improvements to real property which
426	are financed under paragraph (2)(a) and which are leased to the
427	Correctional Privatization Commission are considered to be owned
428	by the Correctional Privatization Commission for the purposes of
429	this section whereby the terms of the lease, the buildings, and
430	other improvements will become the property of the state at the
431	expiration of the lease. For any facility that is bid and built
432	under the authority of requests for proposals made by the
433	Correctional Privatization Commission between December 1993 and
434	October 1994 and that is operated by a private vendor, a payment
435	in lieu of taxes, from funds appropriated for the Correctional
436	Privatization Commission, shall be paid until the expiration of
437	the lease to local taxing authorities in the local government in
438	which the facility is located in an amount equal to the ad
439	valorem taxes assessed by counties, municipalities, school
440	districts, and special districts.
441	Section 14.  Subsections (2) and (7) of section 957.06,
442	Florida Statutes, are amended to read:
443	957.06  Powers and duties not delegable to contractor.--A
444	contract entered into under this chapter does not authorize,
445	allow, or imply a delegation of authority to the contractor to:
446	(2)  Choose the facility to which an inmate is initially
447	assigned or subsequently transferred. The contractor may
448	request, in writing, that an inmate be transferred to a facility
449	operated by the department. The Department of Management
450	Services commission, the contractor, and a representative of the
451	department shall develop and implement a cooperative agreement
452	for transferring inmates between a correctional facility
453	operated by the department and a private correctional facility.
454	The department, the Department of Management Services
455	commission, and the contractor must comply with the cooperative
456	agreement.
457	(7)  Develop and implement requirements that inmates engage
458	in any type of work, except to the extent that those
459	requirements are accepted by the commission.
460	Section 15.  Subsection (1) and paragraph (d) of subsection
461	(5) of section 957.07, Florida Statutes, are amended to read:
462	957.07  Cost-saving requirements.--
463	(1)  The Department of Management Services commission may
464	not enter into a contract or series of contracts unless the
465	department commission determines that the contract or series of
466	contracts in total for the facility will result in a cost
467	savings to the state of at least 7 percent over the public
468	provision of a similar facility. Such cost savings as determined
469	by the Department of Management Services commission must be
470	based upon the actual costs associated with the construction and
471	operation of similar facilities or services as determined by the
472	Department of Corrections and certified by the Auditor General.
473	The Department of Corrections shall calculate all of the cost
474	components that determine the inmate per diem in correctional
475	facilities of a substantially similar size, type, and location
476	that are operated by the Department of Corrections, including
477	administrative costs associated with central administration.
478	Services that are provided to the Department of Corrections by
479	other governmental agencies at no direct cost to the department
480	shall be assigned an equivalent cost and included in the per
481	diem.
482	(5)
483	(d)  If a private vendor chooses not to renew the contract
484	at the appropriated level, the Department of Management Services
485	commission shall terminate the contract as provided in s.
486	957.14.
487	Section 16.  Section 957.08, Florida Statutes, is amended
488	to read:
489	957.08  Capacity requirements.--The Department of
490	Corrections shall transfer and assign prisoners, at a rate to be
491	determined by the commission, to each private correctional
492	facility opened pursuant to this chapter in an amount not less
493	than 90 percent or more than 100 percent of the capacity of the
494	facility pursuant to the contract with the Department of
495	Management Services commission.  The prisoners transferred by
496	the Department of Corrections shall represent a cross section of
497	the general inmate population, based on the grade of custody or
498	the offense of conviction, at the most comparable facility
499	operated by the department.
500	Section 17.  Subsection (2) of section 957.13, Florida
501	Statutes, is amended to read:
502	957.13  Background checks.--
503	(2)  The Florida Department of Law Enforcement may, to the
504	extent provided for by federal law, provide for the exchange of
505	state, multistate, and federal criminal history records of
506	individuals who apply for employment at a private correctional
507	facility with the Correctional Privatization Commission for the
508	purpose of conducting background checks as required by law or
509	contract the commission.
510	Section 18.  Section 957.14, Florida Statutes, is amended
511	to read:
512	957.14  Contract termination and control of a correctional
513	facility by the department.--A detailed plan shall be provided
514	by a private vendor under which the department shall assume
515	temporary control of a private correctional facility upon
516	termination of the contract. The Department of Management
517	Services commission may terminate the contract with cause after
518	written notice of material deficiencies and after 60 workdays in
519	order to correct the material deficiencies. If any event occurs
520	that involves the noncompliance with or violation of contract
521	terms and that presents a serious threat to the safety, health,
522	or security of the inmates, employees, or the public, the
523	department may temporarily assume control of the private
524	correctional facility, with the approval of the Department of
525	Management Services commission. A plan shall also be provided by
526	a private vendor for the purchase and temporary assumption of
527	operations of a correctional facility by the department in the
528	event of bankruptcy or the financial insolvency of the private
529	vendor. The private vendor shall provide an emergency plan to
530	address inmate disturbances, employee work stoppages, strikes,
531	or other serious events in accordance with standards of the
532	American Correctional Association.
533	Section 19.  Section 957.15, Florida Statutes, is amended
534	to read:
535	957.15  Funding of contracts for operation, maintenance,
536	and lease-purchase of private correctional facilities.--The
537	request for appropriation of funds to make payments pursuant to
538	contracts entered into by the Department of Management Services
539	commission for the operation, maintenance, and lease-purchase of
540	the private correctional facilities authorized by this chapter
541	shall be made by the Department of Management Services
542	commission in a request to the department.  The department shall
543	include such request in its budget request to the Legislature as
544	a separately identified item and shall forward the request of
545	the Department of Management Services commission without change.
546	After an appropriation has been made by the Legislature to the
547	department for the private correctional facilities commission,
548	the department shall have no authority over such funds other
549	than to pay from such appropriation to the appropriate private
550	vendor such amounts as are certified for payment by the
551	Department of Management Services commission.
552	Section 20.  Section 957.16, Florida Statutes, is amended
553	to read:
554	957.16  Expanding capacity.--The Department of Management
555	Services commission is authorized to modify and execute
556	agreements with contractors to expand up to the total capacity
557	of contracted correctional facilities.  Total capacity means the
558	design capacity of all contracted correctional facilities
559	increased by one-half as described under s. 944.023(1)(b). Any
560	additional beds authorized under this section must comply with
561	the cost-saving requirements set forth in s. 957.07. Any
562	additional beds authorized as a result of expanded capacity
563	under this section are contingent upon specified appropriations.
564	Section 21.  Paragraph (h) is added to subsection (1) of
565	section 944.516, Florida Statutes, to read:
566	944.516  Money or other property received for personal use
567	or benefit of inmate; deposit; disposition of unclaimed trust
568	funds.--The Department of Corrections shall protect the
569	financial interest of the state with respect to claims which the
570	state may have against inmates in state institutions under its
571	supervision and control and shall administer money and other
572	property received for the personal benefit of such inmates. In
573	carrying out the provisions of this section, the department may
574	delegate any of its enumerated powers and duties affecting
575	inmates of an institution to the warden or regional director who
576	shall personally, or through designated employees of his or her
577	personal staff under his or her direct supervision, exercise
578	such powers or perform such duties.
579	(1)  The Department of Corrections may:
580	(h)  Charge an administrative processing fee of up to $6
581	each month to inmates for banking services. Such fees shall be
582	deposited into the department's Grants and Donations Trust Fund
583	and shall be used to offset the cost of the department's

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