HB 1875

1
A bill to be entitled
2An act relating to the state correctional system;
3repealing ss. 945.601, 945.602, 945.603, 945.6031,
4945.6032, 945.6035, 945.6036, and 945.6037, F.S., relating
5to the State of Florida Correctional Medical Authority;
6repealing ss. 957.01-957.16, F.S., relating to the
7Correctional Privatization Commission; amending ss.
8381.90, 394.9151, 395.002, 408.036, 766.101, 784.078,
9943.053, 943.13, 943.133, 943.325, 944.02, and 944.023,
10F.S., to conform; amending s. 944.10, F.S.; requiring the
11Department of Corrections to assume certain correctional
12facilities leases and lease-related obligations of the
13commission; amending s. 944.105, F.S.; requiring the
14department to assume certain contractual obligations of
15the commission for certain private correctional
16facilities; requiring the department to provide a contract
17monitor for certain purposes; providing monitor duties;
18authorizing the monitor to have unlimited access to
19correctional facilities; creating s. 944.1054, F.S.;
20requiring the Office of Program Policy and Government
21Accountability to develop and implement an evaluation of
22the costs and benefits of certain contracts and private
23contractor performance; requiring a report to the
24Legislature; amending ss. 944.115 and 944.17, F.S., to
25conform; amending s. 944.516, F.S.; authorizing the
26department to charge inmates a monthly administrative
27processing fee for banking services; specifying a maximum
28amount; providing for deposit and use of such fees;
29amending s. 944.7031, F.S., to conform; amending s.
30944.717, F.S.; prohibiting bidders or potential bidders on
31private correctional facility contracts from contacting
32certain persons regarding any part of the proposal
33process; providing exceptions; amending ss. 944.72,
34944.8041, 945.215, 945.35, 945.6034, 946.5025, 946.503,
35and 951.27, F.S., to conform; providing effective dates.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  (1)  Sections 945.601, 945.602, 945.603,
40945.6031, 945.6032, 945.6035, 945.6036, 945.6037, Florida
41Statutes, are repealed.
42     (2)  Effective July 1, 2005, sections 957.01, 957.02,
43957.03, 957.04, 957.05, 957.06, 957.07, 957.08, 957.09, 957.11,
44957.12, 957.125, 957.13, 957.14, 957.15, and 957.16, Florida
45Statutes, are repealed.
46     Section 2.  Subsection (3) of section 381.90, Florida
47Statutes, is amended to read:
48     381.90  Health Information Systems Council; legislative
49intent; creation, appointment, duties.--
50     (3)  The council shall be composed of the following members
51or their senior executive-level designees:
52     (a)  The secretary of the Department of Health;
53     (b)  The secretary of the Department of Business and
54Professional Regulation;
55     (c)  The secretary of the Department of Children and Family
56Services;
57     (d)  The Secretary of Health Care Administration;
58     (e)  The secretary of the Department of Corrections;
59     (f)  The Attorney General;
60     (g)  The executive director of the Correctional Medical
61Authority;
62     (g)(h)  Two members representing county health departments,
63one from a small county and one from a large county, appointed
64by the Governor;
65     (h)(i)  A representative from the Florida Association of
66Counties;
67     (i)(j)  The Chief Financial Officer;
68     (j)(k)  A representative from the Florida Healthy Kids
69Corporation;
70     (k)(l)  A representative from a school of public health
71chosen by the Board of Regents;
72     (l)(m)  The Commissioner of Education;
73     (m)(n)  The secretary of the Department of Elderly Affairs;
74and
75     (n)(o)  The secretary of the Department of Juvenile
76Justice.
77
78Representatives of the Federal Government may serve without
79voting rights.
80     Section 3.  Effective July 1, 2005, section 394.9151,
81Florida Statutes, is amended to read:
82     394.9151  Contract authority.--The Department of Children
83and Family Services may contract with a private entity or state
84agency for use of and operation of facilities to comply with the
85requirements of this act. The Department of Children and Family
86Services may also contract with the Correctional Privatization
87Commission as defined in chapter 957 to issue a request for
88proposals and monitor contract compliance for these services.
89     Section 4.  Effective July 1, 2005, subsection (22) of
90section 395.002, Florida Statutes, is amended to read:
91     395.002  Definitions.--As used in this chapter:
92     (22)  "Mobile surgical facility" is a mobile facility in
93which licensed health care professionals provide elective
94surgical care under contract with the Department of Corrections
95or a private correctional facility operating pursuant to chapter
96957 and in which inmate patients are admitted to and discharged
97from said facility within the same working day and are not
98permitted to stay overnight. However, mobile surgical facilities
99may only provide health care services to the inmate patients of
100the Department of Corrections, or inmate patients of a private
101correctional facility operating pursuant to chapter 957, and not
102to the general public.
103     Section 5.  Effective July 1, 2005, paragraph (j) of
104subsection (3) of section 408.036, Florida Statutes, is amended
105to read:
106     408.036  Projects subject to review; exemptions.--
107     (3)  EXEMPTIONS.--Upon request, the following projects are
108subject to exemption from the provisions of subsection (1):
109     (j)  For mobile surgical facilities and related health care
110services provided under contract with the Department of
111Corrections or a private correctional facility operating
112pursuant to chapter 957.
113     Section 6.  Paragraph (a) of subsection (1) of section
114766.101, Florida Statutes, is amended to read:
115     766.101  Medical review committee, immunity from
116liability.--
117     (1)  As used in this section:
118     (a)  The term "medical review committee" or "committee"
119means:
120     1.a.  A committee of a hospital or ambulatory surgical
121center licensed under chapter 395 or a health maintenance
122organization certificated under part I of chapter 641,
123     b.  A committee of a physician-hospital organization, a
124provider-sponsored organization, or an integrated delivery
125system,
126     c.  A committee of a state or local professional society of
127health care providers,
128     d.  A committee of a medical staff of a licensed hospital
129or nursing home, provided the medical staff operates pursuant to
130written bylaws that have been approved by the governing board of
131the hospital or nursing home,
132     e.  A committee of the Department of Corrections or the
133Correctional Medical Authority as created under s. 945.602, or
134employees, agents, or consultants of either the department or
135the authority or both,
136     f.  A committee of a professional service corporation
137formed under chapter 621 or a corporation organized under
138chapter 607 or chapter 617, which is formed and operated for the
139practice of medicine as defined in s. 458.305(3), and which has
140at least 25 health care providers who routinely provide health
141care services directly to patients,
142     g.  A committee of a mental health treatment facility
143licensed under chapter 394 or a community mental health center
144as defined in s. 394.907, provided the quality assurance program
145operates pursuant to the guidelines which have been approved by
146the governing board of the agency,
147     h.  A committee of a substance abuse treatment and
148education prevention program licensed under chapter 397 provided
149the quality assurance program operates pursuant to the
150guidelines which have been approved by the governing board of
151the agency,
152     i.  A peer review or utilization review committee organized
153under chapter 440,
154     j.  A committee of the Department of Health, a county
155health department, healthy start coalition, or certified rural
156health network, when reviewing quality of care, or employees of
157these entities when reviewing mortality records, or
158     k.  A continuous quality improvement committee of a
159pharmacy licensed pursuant to chapter 465,
160
161which committee is formed to evaluate and improve the quality of
162health care rendered by providers of health service or to
163determine that health services rendered were professionally
164indicated or were performed in compliance with the applicable
165standard of care or that the cost of health care rendered was
166considered reasonable by the providers of professional health
167services in the area; or
168     2.  A committee of an insurer, self-insurer, or joint
169underwriting association of medical malpractice insurance, or
170other persons conducting review under s. 766.106.
171     Section 7.  Effective July 1, 2005, subsection (1) of
172section 784.078, Florida Statutes, is amended to read:
173     784.078  Battery of facility employee by throwing, tossing,
174or expelling certain fluids or materials.--
175     (1)  As used in this section, the term "facility" means a
176state correctional institution defined in s. 944.02(6); a
177private correctional facility defined in s. 944.710 or under
178chapter 957; a county, municipal, or regional jail or other
179detention facility of local government under chapter 950 or
180chapter 951; or a secure facility operated and maintained by the
181Department of Corrections or the Department of Juvenile Justice.
182     Section 8.  Effective July 1, 2005, subsection (8) of
183section 943.053, Florida Statutes, is amended to read:
184     943.053  Dissemination of criminal justice information;
185fees.--
186     (8)  Notwithstanding the provisions of s. 943.0525, and any
187user agreements adopted pursuant thereto, and notwithstanding
188the confidentiality of sealed records as provided for in s.
189943.059, the Department of Corrections shall provide, in a
190timely manner, copies of the Florida criminal history records
191for inmates housed in a private state correctional facility to
192the private entity under contract to operate the facility
193pursuant to the provisions of s. 944.105 or s. 957.03. The
194department may assess a charge for the Florida criminal history
195records pursuant to the provisions of chapter 119. Sealed
196records received by the private entity under this section remain
197confidential and exempt from the provisions of s. 119.07(1).
198     Section 9.  Effective July 1, 2005, section 943.13, Florida
199Statutes, is amended to read:
200     943.13  Officers' minimum qualifications for employment or
201appointment.--On or after October 1, 1984, any person employed
202or appointed as a full-time, part-time, or auxiliary law
203enforcement officer or correctional officer; on or after October
2041, 1986, any person employed as a full-time, part-time, or
205auxiliary correctional probation officer; and on or after
206October 1, 1986, any person employed as a full-time, part-time,
207or auxiliary correctional officer by a private entity under
208contract to the Department of Corrections or, to a county
209commission, or to the Correctional Privatization Commission
210shall:
211     (1)  Be at least 19 years of age.
212     (2)  Be a citizen of the United States, notwithstanding any
213law of the state to the contrary.
214     (3)  Be a high school graduate or its "equivalent" as the
215commission has defined the term by rule.
216     (4)  Not have been convicted of any felony or of a
217misdemeanor involving perjury or a false statement, or have
218received a dishonorable discharge from any of the Armed Forces
219of the United States. Any person who, after July 1, 1981, pleads
220guilty or nolo contendere to or is found guilty of any felony or
221of a misdemeanor involving perjury or a false statement is not
222eligible for employment or appointment as an officer,
223notwithstanding suspension of sentence or withholding of
224adjudication. Notwithstanding this subsection, any person who
225has pled nolo contendere to a misdemeanor involving a false
226statement, prior to December 1, 1985, and has had such record
227sealed or expunged shall not be deemed ineligible for employment
228or appointment as an officer.
229     (5)  Have documentation of his or her processed
230fingerprints on file with the employing agency or, if a private
231correctional officer, have documentation of his or her processed
232fingerprints on file with the Department of Corrections or the
233Criminal Justice Standards and Training Commission. If
234administrative delays are caused by the department or the
235Federal Bureau of Investigation and the person has complied with
236subsections (1)-(4) and (6)-(9), he or she may be employed or
237appointed for a period not to exceed 1 calendar year from the
238date he or she was employed or appointed or until return of the
239processed fingerprints documenting noncompliance with
240subsections (1)-(4) or subsection (7), whichever occurs first.
241     (6)  Have passed a physical examination by a licensed
242physician or physician assistant, based on specifications
243established by the commission.
244     (7)  Have a good moral character as determined by a
245background investigation under procedures established by the
246commission.
247     (8)  Execute and submit to the employing agency or, if a
248private correctional officer, submit to the appropriate
249governmental entity an affidavit-of-applicant form, adopted by
250the commission, attesting to his or her compliance with
251subsections (1)-(7). The affidavit shall be executed under oath
252and constitutes an official statement within the purview of s.
253837.06. The affidavit shall include conspicuous language that
254the intentional false execution of the affidavit constitutes a
255misdemeanor of the second degree. The affidavit shall be
256retained by the employing agency.
257     (9)  Complete a commission-approved basic recruit training
258program for the applicable criminal justice discipline, unless
259exempt under this subsection. An applicant who has:
260     (a)  Completed a comparable basic recruit training program
261for the applicable criminal justice discipline in another state
262or for the Federal Government; and
263     (b)  Served as a full-time sworn officer in another state
264or for the Federal Government for at least 1 year provided there
265is no more than an 8-year break in employment, as measured from
266the separation date of the most recent qualifying employment to
267the time a complete application is submitted for an exemption
268under this section,
269
270is exempt in accordance with s. 943.131(2) from completing the
271commission-approved basic recruit training program.
272     (10)  Achieve an acceptable score on the officer
273certification examination for the applicable criminal justice
274discipline.
275     (11)  Comply with the continuing training or education
276requirements of s. 943.135.
277     Section 10.  Effective July 1, 2005, subsection (4) of
278section 943.133, Florida Statutes, is amended to read:
279     943.133  Responsibilities of employing agency, commission,
280and program with respect to compliance with employment
281qualifications and the conduct of background investigations;
282injunctive relief.--
283     (4)  When the employing agency is a private entity under
284contract to the county or the state pursuant to s. 944.105 or,
285s. 951.062, or chapter 957, the contracting agency shall be
286responsible for meeting the requirements of subsections (1),
287(2), and (3).
288     Section 11.  Effective July 1, 2005, paragraph (c) of
289subsection (1) of section 943.325, Florida Statutes, is amended
290to read:
291     943.325  Blood or other biological specimen testing for DNA
292analysis.--
293     (1)
294     (c)  As used in this section, the term "any person"
295includes both juveniles and adults committed to a county jail or
296committed to or under the supervision of the Department of
297Corrections or the Department of Juvenile Justice, including
298persons incarcerated in a private correctional institution
299operated under contract pursuant to s. 944.105 or s. 957.03.
300     Section 12.  Effective July 1, 2005, subsection (4) of
301section 944.02, Florida Statutes, is amended to read:
302     944.02  Definitions.--The following words and phrases used
303in this chapter shall, unless the context clearly indicates
304otherwise, have the following meanings:
305     (4)  "Elderly offender" means a prisoner age 50 or older in
306a state correctional institution or facility operated by the
307Department of Corrections or the Correctional Privatization
308Commission.
309     Section 13.  Effective July 1, 2005, paragraph (b) of
310subsection (1) of section 944.023, Florida Statutes, is amended
311to read:
312     944.023  Comprehensive correctional master plan.--
313     (1)  As used in this section, the term:
314     (b)  "Total capacity" of the state correctional system
315means the total design capacity of all institutions and
316facilities in the state correctional system, which may include
317those facilities authorized and funded under chapter 957,
318increased by one-half, with the following exceptions:
319     1.  Medical and mental health beds must remain at design
320capacity.
321     2.  Community-based contracted beds must remain at design
322capacity.
323     3.  The one-inmate-per-cell requirement at Florida State
324Prison and other maximum security facilities must be maintained
325pursuant to paragraph (7)(a).
326     4.  Community correctional centers and drug treatment
327centers must be increased by one-third.
328     5.  A housing unit may not exceed its maximum capacity
329pursuant to paragraphs (7)(a) and (b).
330     6.  A number of beds equal to 5 percent of total capacity
331shall be deducted for management beds at institutions.
332     Section 14.  Effective July 1, 2005, subsection (8) is
333added to section 944.10, Florida Statutes, to read:
334     944.10  Department of Corrections to provide buildings;
335sale and purchase of land; contracts to provide services and
336inmate labor.--
337     (8)  The department shall assume the leases for Bay
338Correctional Facility, Gadsden Correctional Facility, Lake City
339Correctional Facility, Moore Haven Correctional Facility, and
340South Bay Correctional Facility and all obligations related to
341those leases of the former Correctional Privatization Commission
342for land, buildings, and other improvements, including, but not
343limited to, those financed by tax-exempt financing through the
344issuance of tax-exempt bonds, certificates of participation,
345lease-purchase agreements, or other tax-exempt financing
346methods, as of July 1, 2005.
347     Section 15.  Effective July 1, 2005, subsections (9) and
348(10) are added to section 944.105, Florida Statutes, to read:
349     944.105  Contractual arrangements with private entities for
350operation and maintenance of correctional facilities and
351supervision of inmates.--
352     (9)  The department shall assume contractual obligations of
353the Correctional Privatization Commission in contracts for the
354operation of private correctional facilities at Bay Correctional
355Institution, Gadsden Correctional Institution, Lake City
356Correctional Institution, Moore Haven Correctional Institution,
357and South Bay Correctional Institution.
358     (10)  The department shall provide a contract monitor to
359oversee the contracts for the operation of the private
360correctional facilities. The contractor shall provide suitable
361office space for the contract monitor at each correctional
362facility. The contract monitor shall have unlimited access to
363each correctional facility.
364     Section 16.  Section 944.1054, Florida Statutes, is created
365to read:
366     944.1054  Evaluation of costs and benefits of private
367correctional facility contracts.--The Office of Program Policy
368Analysis and Government Accountability shall develop and
369implement an evaluation of the costs and benefits of each
370contract entered into under this chapter. This evaluation must
371include a comparison of the costs and benefits of constructing
372and operating prisons by the state versus by private
373contractors. The Office of Program Policy Analysis and
374Government Accountability shall also evaluate the performance of
375the private contractor at the end of the term of each management
376contract and make recommendations to the Speaker of the House of
377Representatives and the President of the Senate on whether to
378continue the contract.
379     Section 17.  Effective July 1, 2005, subsection (1) and
380paragraphs (b) and (c) of subsection (2) of section 944.115,
381Florida Statutes, are amended to read:
382     944.115  Smoking prohibited inside state correctional
383facilities.--
384     (1)  The purpose of this section is to protect the health,
385comfort, and environment of employees of the Department of
386Corrections, employees of privately operated correctional
387facilities, employees of the Correctional Privatization
388Commission, and inmates by prohibiting inmates from using
389tobacco products inside any office or building within state
390correctional facilities, and by ensuring that employees and
391visitors do not use tobacco products inside any office or
392building within state correctional facilities. Scientific
393evidence links the use of tobacco products with numerous
394significant health risks. The use of tobacco products by
395inmates, employees, or visitors is contrary to efforts by the
396Department of Corrections to reduce the cost of inmate health
397care and to limit unnecessary litigation. The Department of
398Corrections and the private vendors operating correctional
399facilities shall make smoking-cessation assistance available to
400inmates in order to implement this section. The Department of
401Corrections and the private vendors operating correctional
402facilities shall implement this section as soon as possible, and
403all provisions of this section must be fully implemented by
404January 1, 2000.
405     (2)  As used in this section, the term:
406     (b)  "Employee" means an employee of the department or a
407private vendor in a contractual relationship with either the
408Department of Corrections or the Correctional Privatization
409Commission, and includes persons such as contractors,
410volunteers, or law enforcement officers who are within a state
411correctional facility to perform a professional service.
412     (c)  "State correctional facility" means a state or
413privately operated correctional institution as defined in s.
414944.02, or a correctional institution or facility operated under
415s. 944.105 or chapter 957.
416     Section 18.  Effective July 1, 2005, paragraph (b) of
417subsection (3) of section 944.17, Florida Statutes, is amended
418to read:
419     944.17  Commitments and classification; transfers.--
420     (3)
421     (b)  Notwithstanding paragraph (a), any prisoner
422incarcerated in the state correctional system or private
423correctional facility operated pursuant to chapter 957 who is
424convicted in circuit or county court of a crime committed during
425that incarceration shall serve the sentence imposed for that
426crime within the state correctional system regardless of the
427length of sentence or classification of the offense.
428     Section 19.  Paragraph (h) is added to subsection (1) of
429section 944.516, Florida Statutes, to read:
430     944.516  Money or other property received for personal use
431or benefit of inmate; deposit; disposition of unclaimed trust
432funds.--The Department of Corrections shall protect the
433financial interest of the state with respect to claims which the
434state may have against inmates in state institutions under its
435supervision and control and shall administer money and other
436property received for the personal benefit of such inmates. In
437carrying out the provisions of this section, the department may
438delegate any of its enumerated powers and duties affecting
439inmates of an institution to the warden or regional director who
440shall personally, or through designated employees of his or her
441personal staff under his or her direct supervision, exercise
442such powers or perform such duties.
443     (1)  The Department of Corrections may:
444     (h)  Charge an administrative processing fee of up to $5
445each month to inmates for banking services. Such fees shall be
446deposited into the department's Grants and Donations Trust Fund
447and shall be used to offset the cost of the department's


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