| 1 | A bill to be entitled |
| 2 | An act relating to the operational authority for state |
| 3 | correctional facilities; amending s. 20.315, F.S., |
| 4 | relating to the Florida Corrections Commission; requiring |
| 5 | the commission to resolve certain disputes between the |
| 6 | Department of Corrections and a contractor; deleting |
| 7 | obsolete provisions concerning the staff of the |
| 8 | commission; amending s. 287.042, F.S.; authorizing the |
| 9 | Department of Management Services to enter into certain |
| 10 | contracts, acquire contractual rights and obligations, and |
| 11 | manage and enforce compliance with contracts of the |
| 12 | Correctional Privatization Commission; amending s. |
| 13 | 394.9151, F.S.; authorizing the Department of Children and |
| 14 | Family Services to contract with the Department of |
| 15 | Management Services for the operation of facilities for |
| 16 | sexually violent predators; amending s. 943.13, F.S., |
| 17 | relating to the qualifications for correctional officers; |
| 18 | conforming provisions to changes made by the act; amending |
| 19 | ss. 944.02, 944.115, 944.72, 944.8041, and 945.215, F.S., |
| 20 | relating to the state correctional system; requiring the |
| 21 | Department of Management Services to assume the duties and |
| 22 | responsibilities of the Correctional Privatization |
| 23 | Commission; amending s. 957.01, F.S.; redesignating ch. |
| 24 | 957, F.S., as the "Correctional Privatization Act"; |
| 25 | amending ss. 957.02, 957.04, 957.06, 957.07, 957.08, |
| 26 | 957.13, 957.14, 957.15, and 957.16, F.S., and repealing s. |
| 27 | 957.03, F.S.; providing contract requirements for the |
| 28 | Department of Management Services with respect to the |
| 29 | operation of private correctional facilities; specifying |
| 30 | duties of the Florida Corrections Commission; providing |
| 31 | for the Department of Management Services to be the |
| 32 | successor agency to the Correctional Privatization |
| 33 | Commission with respect to contracts under ch. 957, F.S., |
| 34 | which are in effect on a specified date; requiring certain |
| 35 | cooperative agreements between the Department of |
| 36 | Management Services, contractors, and the Department of |
| 37 | Corrections; specifying duties of the Department of |
| 38 | Management Services with respect to the operation, |
| 39 | maintenance, and lease-purchase of private correctional |
| 40 | facilities and contract termination; providing for the |
| 41 | modification and execution of agreements with contractors |
| 42 | to conform to changes made by the act; amending s. |
| 43 | 944.516, F.S.; authorizing the department to charge |
| 44 | inmates a monthly administrative processing fee for |
| 45 | banking services; specifying a maximum amount; providing |
| 46 | for deposit and use of such fees; providing effective |
| 47 | dates. |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. Paragraphs (b) and (e) of subsection (6) of |
| 52 | section 20.315, Florida Statutes, are amended to read: |
| 53 | 20.315 Department of Corrections.--There is created a |
| 54 | Department of Corrections. |
| 55 | (6) FLORIDA CORRECTIONS COMMISSION.-- |
| 56 | (b) The primary functions of the commission are to: |
| 57 | 1. Recommend major correctional policies for the |
| 58 | Governor's approval, and assure that approved policies and any |
| 59 | revisions thereto are properly executed. |
| 60 | 2. Periodically review the status of the state |
| 61 | correctional system and recommend improvements therein to the |
| 62 | Governor and the Legislature. |
| 63 | 3. Annually perform an in-depth review of community-based |
| 64 | intermediate sanctions and recommend to the Governor and the |
| 65 | Legislature intergovernmental approaches through the Community |
| 66 | Corrections Partnership Act for planning and implementing such |
| 67 | sanctions and programs. |
| 68 | 4. Perform an in-depth evaluation of the annual budget |
| 69 | request of the Department of Corrections, the comprehensive |
| 70 | correctional master plan, and the tentative construction program |
| 71 | for compliance with all applicable laws and established |
| 72 | departmental policies. The commission may not consider |
| 73 | individual construction projects, but shall consider methods of |
| 74 | accomplishing the department's goals in the most effective, |
| 75 | efficient, and businesslike manner. |
| 76 | 5. Routinely monitor the financial status of the |
| 77 | Department of Corrections to assure that the department is |
| 78 | managing revenue and any applicable bond proceeds responsibly |
| 79 | and in accordance with law and established policy. |
| 80 | 6. Evaluate, at least quarterly, the efficiency, |
| 81 | productivity, and management of the Department of Corrections, |
| 82 | using performance and production standards developed by the |
| 83 | department under former subsection (18). |
| 84 | 7. Provide public education on corrections and criminal |
| 85 | justice issues. |
| 86 | 8. Report to the President of the Senate, the Speaker of |
| 87 | the House of Representatives, and the Governor by November 1 of |
| 88 | each year. |
| 89 | 9. Resolve disputes between the Department of Corrections |
| 90 | and the contractors for the private correctional facilities |
| 91 | entered into under chapter 957 when a contractor proposes to |
| 92 | waive a rule, policy, or procedure concerning operation |
| 93 | standards. |
| 94 | (e) The commission shall appoint an executive director and |
| 95 | an assistant executive director, who shall serve under the |
| 96 | direction, supervision, and control of the commission. The |
| 97 | executive director, with the consent of the commission, shall |
| 98 | employ such staff as are necessary to perform adequately the |
| 99 | functions of the commission, within budgetary limitations. All |
| 100 | employees of the commission are exempt from part II of chapter |
| 101 | 110 and serve at the pleasure of the commission. The salaries |
| 102 | and benefits of all employees of the commission shall be set in |
| 103 | accordance with the Selected Exempt Service rules; however, the |
| 104 | commission shall have complete authority for fixing the salaries |
| 105 | of the executive director and the assistant executive director. |
| 106 | The executive director and staff of the Task Force for Review of |
| 107 | the Criminal Justice and Corrections System, created under |
| 108 | chapter 93-404, Laws of Florida, shall serve as the staff for |
| 109 | the commission until the commission hires an executive director. |
| 110 | Section 2. Subsection (17) is added to section 287.042, |
| 111 | Florida Statutes, to read: |
| 112 | 287.042 Powers, duties, and functions.--The department |
| 113 | shall have the following powers, duties, and functions: |
| 114 | (17)(a) To enter into contracts pursuant to chapter 957, |
| 115 | and to acquire the contractual rights and assume the contractual |
| 116 | obligations of the Correctional Privatization Commission in |
| 117 | contracts previously entered into pursuant to chapter 957, for |
| 118 | the designing, financing, acquiring, leasing, constructing, or |
| 119 | operating of private correctional facilities. The department |
| 120 | shall enter into a contract or contracts with one contractor per |
| 121 | facility for the designing, acquiring, financing, leasing, |
| 122 | constructing, and operating of that facility or may, if |
| 123 | specifically authorized by the Legislature, separately contract |
| 124 | for any such services. |
| 125 | (b) To manage and enforce compliance with existing or |
| 126 | future contracts entered into pursuant to chapter 957. |
| 127 |
|
| 128 | The department may not delegate the responsibilities conferred |
| 129 | by this subsection. |
| 130 | Section 3. Section 394.9151, Florida Statutes, is amended |
| 131 | to read: |
| 132 | 394.9151 Contract authority.--The Department of Children |
| 133 | and Family Services may contract with a private entity or state |
| 134 | agency for use of and operation of facilities to comply with the |
| 135 | requirements of this act. The Department of Children and Family |
| 136 | Services may also contract with the Department of Management |
| 137 | Services Correctional Privatization Commission as defined in |
| 138 | chapter 957 to issue a request for proposals and monitor |
| 139 | contract compliance for these services. |
| 140 | Section 4. Section 943.13, Florida Statutes, is amended to |
| 141 | read: |
| 142 | 943.13 Officers' minimum qualifications for employment or |
| 143 | appointment.--On or after October 1, 1984, any person employed |
| 144 | or appointed as a full-time, part-time, or auxiliary law |
| 145 | enforcement officer or correctional officer; on or after October |
| 146 | 1, 1986, any person employed as a full-time, part-time, or |
| 147 | auxiliary correctional probation officer; and on or after |
| 148 | October 1, 1986, any person employed as a full-time, part-time, |
| 149 | or auxiliary correctional officer by a private entity under |
| 150 | contract to the Department of Corrections, to a county |
| 151 | commission, or to the Department of Management Services |
| 152 | Correctional Privatization Commission shall: |
| 153 | (1) Be at least 19 years of age. |
| 154 | (2) Be a citizen of the United States, notwithstanding any |
| 155 | law of the state to the contrary. |
| 156 | (3) Be a high school graduate or its "equivalent" as the |
| 157 | commission has defined the term by rule. |
| 158 | (4) Not have been convicted of any felony or of a |
| 159 | misdemeanor involving perjury or a false statement, or have |
| 160 | received a dishonorable discharge from any of the Armed Forces |
| 161 | of the United States. Any person who, after July 1, 1981, pleads |
| 162 | guilty or nolo contendere to or is found guilty of any felony or |
| 163 | of a misdemeanor involving perjury or a false statement is not |
| 164 | eligible for employment or appointment as an officer, |
| 165 | notwithstanding suspension of sentence or withholding of |
| 166 | adjudication. Notwithstanding this subsection, any person who |
| 167 | has pled nolo contendere to a misdemeanor involving a false |
| 168 | statement, prior to December 1, 1985, and has had such record |
| 169 | sealed or expunged shall not be deemed ineligible for employment |
| 170 | or appointment as an officer. |
| 171 | (5) Have documentation of his or her processed |
| 172 | fingerprints on file with the employing agency or, if a private |
| 173 | correctional officer, have documentation of his or her processed |
| 174 | fingerprints on file with the Department of Corrections or the |
| 175 | Criminal Justice Standards and Training Commission. If |
| 176 | administrative delays are caused by the department or the |
| 177 | Federal Bureau of Investigation and the person has complied with |
| 178 | subsections (1)-(4) and(6)-(9), he or she may be employed or |
| 179 | appointed for a period not to exceed 1 calendar year from the |
| 180 | date he or she was employed or appointed or until return of the |
| 181 | processed fingerprints documenting noncompliance with |
| 182 | subsections (1)-(4) or subsection (7), whichever occurs first. |
| 183 | (6) Have passed a physical examination by a licensed |
| 184 | physician or physician assistant, based on specifications |
| 185 | established by the commission. |
| 186 | (7) Have a good moral character as determined by a |
| 187 | background investigation under procedures established by the |
| 188 | commission. |
| 189 | (8) Execute and submit to the employing agency or, if a |
| 190 | private correctional officer, submit to the appropriate |
| 191 | governmental entity an affidavit-of-applicant form, adopted by |
| 192 | the commission, attesting to his or her compliance with |
| 193 | subsections (1)-(7). The affidavit shall be executed under oath |
| 194 | and constitutes an official statement within the purview of s. |
| 195 | 837.06. The affidavit shall include conspicuous language that |
| 196 | the intentional false execution of the affidavit constitutes a |
| 197 | misdemeanor of the second degree. The affidavit shall be |
| 198 | retained by the employing agency. |
| 199 | (9) Complete a commission-approved basic recruit training |
| 200 | program for the applicable criminal justice discipline, unless |
| 201 | exempt under this subsection. An applicant who has: |
| 202 | (a) Completed a comparable basic recruit training program |
| 203 | for the applicable criminal justice discipline in another state |
| 204 | or for the Federal Government; and |
| 205 | (b) Served as a full-time sworn officer in another state |
| 206 | or for the Federal Government for at least 1 year provided there |
| 207 | is no more than an 8-year break in employment, as measured from |
| 208 | the separation date of the most recent qualifying employment to |
| 209 | the time a complete application is submitted for an exemption |
| 210 | under this section, |
| 211 |
|
| 212 | is exempt in accordance with s. 943.131(2) from completing the |
| 213 | commission-approved basic recruit training program. |
| 214 | (10) Achieve an acceptable score on the officer |
| 215 | certification examination for the applicable criminal justice |
| 216 | discipline. |
| 217 | (11) Comply with the continuing training or education |
| 218 | requirements of s. 943.135. |
| 219 | Section 5. Subsection (4) of section 944.02, Florida |
| 220 | Statutes, is amended to read: |
| 221 | 944.02 Definitions.--The following words and phrases used |
| 222 | in this chapter shall, unless the context clearly indicates |
| 223 | otherwise, have the following meanings: |
| 224 | (4) "Elderly offender" means a prisoner age 50 or older in |
| 225 | a state correctional institution or facility operated by the |
| 226 | Department of Corrections or the Department of Management |
| 227 | Services Correctional Privatization Commission. |
| 228 | Section 6. Subsection (1) and paragraph (b) of subsection |
| 229 | (2) of section 944.115, Florida Statutes, are amended to read: |
| 230 | 944.115 Smoking prohibited inside state correctional |
| 231 | facilities.-- |
| 232 | (1) The purpose of this section is to protect the health, |
| 233 | comfort, and environment of employees of the Department of |
| 234 | Corrections, employees of privately operated correctional |
| 235 | facilities, employees of the Correctional Privatization |
| 236 | Commission, and inmates by prohibiting inmates from using |
| 237 | tobacco products inside any office or building within state |
| 238 | correctional facilities, and by ensuring that employees and |
| 239 | visitors do not use tobacco products inside any office or |
| 240 | building within state correctional facilities. Scientific |
| 241 | evidence links the use of tobacco products with numerous |
| 242 | significant health risks. The use of tobacco products by |
| 243 | inmates, employees, or visitors is contrary to efforts by the |
| 244 | Department of Corrections to reduce the cost of inmate health |
| 245 | care and to limit unnecessary litigation. The Department of |
| 246 | Corrections and the private vendors operating correctional |
| 247 | facilities shall make smoking-cessation assistance available to |
| 248 | inmates in order to implement this section. The Department of |
| 249 | Corrections and the private vendors operating correctional |
| 250 | facilities shall implement this section as soon as possible, and |
| 251 | all provisions of this section must be fully implemented by |
| 252 | January 1, 2000. |
| 253 | (2) As used in this section, the term: |
| 254 | (b) "Employee" means an employee of the department or a |
| 255 | private vendor in a contractual relationship with either the |
| 256 | Department of Corrections or the Department of Management |
| 257 | Services Correctional Privatization Commission, and includes |
| 258 | persons such as contractors, volunteers, or law enforcement |
| 259 | officers who are within a state correctional facility to perform |
| 260 | a professional service. |
| 261 | Section 7. Subsection (1) of section 944.72, Florida |
| 262 | Statutes, is amended to read: |
| 263 | 944.72 Privately Operated Institutions Inmate Welfare |
| 264 | Trust Fund.-- |
| 265 | (1) There is hereby created in the Department of |
| 266 | Corrections the Privately Operated Institutions Inmate Welfare |
| 267 | Trust Fund. The purpose of the trust fund shall be the benefit |
| 268 | and welfare of inmates incarcerated in private correctional |
| 269 | facilities under contract with the department pursuant to |
| 270 | chapter 944 or the Department of Management Services |
| 271 | Correctional Privatization Commission pursuant to chapter 957. |
| 272 | Moneys shall be deposited in the trust fund and expenditures |
| 273 | made from the trust fund as provided in s. 945.215. |
| 274 | Section 8. Section 944.8041, Florida Statutes, is amended |
| 275 | to read: |
| 276 | 944.8041 Elderly offenders; annual review.--For the |
| 277 | purpose of providing information to the Legislature on elderly |
| 278 | offenders within the correctional system, the Florida |
| 279 | Corrections Commission and the Correctional Medical Authority |
| 280 | shall each submit annually a report on the status and treatment |
| 281 | of elderly offenders in the state-administered and private state |
| 282 | correctional systems, as well as such information on the River |
| 283 | Junction Correctional Institution. In order to adequately |
| 284 | prepare the reports, the Department of Corrections and the |
| 285 | Department of Management Services Correctional Privatization |
| 286 | Commission shall grant access to the Florida Corrections |
| 287 | Commission and the Correctional Medical Authority which includes |
| 288 | access to the facilities, offenders, and any information the |
| 289 | agencies require to complete their reports. The review shall |
| 290 | also include an examination of promising geriatric policies, |
| 291 | practices, and programs currently implemented in other |
| 292 | correctional systems within the United States. The reports, |
| 293 | with specific findings and recommendations for implementation, |
| 294 | shall be submitted to the President of the Senate and the |
| 295 | Speaker of the House of Representatives on or before December 31 |
| 296 | of each year. |
| 297 | Section 9. Paragraphs (a) and (c) of subsection (2) of |
| 298 | section 945.215, Florida Statutes, are amended to read: |
| 299 | 945.215 Inmate welfare and employee benefit trust funds.-- |
| 300 | (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST |
| 301 | FUND; PRIVATE CORRECTIONAL FACILITIES.-- |
| 302 | (a) For purposes of this subsection, privately operated |
| 303 | institutions or private correctional facilities are those |
| 304 | correctional facilities under contract with the department |
| 305 | pursuant to chapter 944 or the Department of Management Services |
| 306 | Correctional Privatization Commission pursuant to chapter 957. |
| 307 | (c) The Department of Management Services Correctional |
| 308 | Privatization Commission shall annually compile a report that |
| 309 | documents Privately Operated Institutions Inmate Welfare Trust |
| 310 | Fund receipts and expenditures at each private correctional |
| 311 | facility. This report must specifically identify receipt sources |
| 312 | and expenditures. The Department of Management Services |
| 313 | Correctional Privatization Commission shall compile this report |
| 314 | for the prior fiscal year and shall submit the report by |
| 315 | September 1 of each year to the chairs of the appropriate |
| 316 | substantive and fiscal committees of the Senate and House of |
| 317 | Representatives and to the Executive Office of the Governor. |
| 318 | Section 10. Section 957.01, Florida Statutes, is amended |
| 319 | to read: |
| 320 | 957.01 Short title.--This chapter may be cited as the |
| 321 | "Correctional Privatization Commission Act." |
| 322 | Section 11. Effective July 1, 2005, section 957.02, |
| 323 | Florida Statutes, is amended to read: |
| 324 | 957.02 Definitions.--As used in this chapter,: |
| 325 | (1) "Commission" means the Correctional Privatization |
| 326 | Commission. |
| 327 | (2) "department" means the Department of Corrections. |
| 328 | Section 12. Effective July 1, 2005, section 957.03, |
| 329 | Florida Statutes, is repealed. |
| 330 | Section 13. Section 957.04, Florida Statutes, is amended |
| 331 | to read: |
| 332 | 957.04 Contract requirements.-- |
| 333 | (1) A contract entered into under this chapter for the |
| 334 | operation of private correctional facilities shall maximize the |
| 335 | cost savings of such facilities and shall: |
| 336 | (a) Be negotiated with the firm found most qualified. |
| 337 | However, a contract for private correctional services may not be |
| 338 | entered into by the Department of Management Services commission |
| 339 | unless the Department of Management Services commission |
| 340 | determines that the contractor has demonstrated that it has: |
| 341 | 1. The qualifications, experience, and management |
| 342 | personnel necessary to carry out the terms of the contract. |
| 343 | 2. The ability to expedite the siting, design, and |
| 344 | construction of correctional facilities. |
| 345 | 3. The ability to comply with applicable laws, court |
| 346 | orders, and national correctional standards. |
| 347 | (b) Indemnify the state and the department, including |
| 348 | their officials and agents, against any and all liability, |
| 349 | including, but not limited to, civil rights liability. Proof of |
| 350 | satisfactory insurance is required in an amount to be determined |
| 351 | by the Department of Management Services commission, following |
| 352 | consultation with the Division of Risk Management of the |
| 353 | Department of Financial Services. Not less than 30 days prior |
| 354 | to the release of each request for proposals by the commission, |
| 355 | the commission shall request the written recommendation of the |
| 356 | division regarding indemnification of the state and the |
| 357 | department under this paragraph. Within 15 days after such |
| 358 | request, the division shall provide a written recommendation to |
| 359 | the commission regarding the amount and manner of such |
| 360 | indemnification. The commission shall adopt the division's |
| 361 | recommendation unless, based on substantial competent evidence, |
| 362 | the commission determines a different amount and manner of |
| 363 | indemnification is sufficient. |
| 364 | (c) Require that the contractor seek, obtain, and maintain |
| 365 | accreditation by the American Correctional Association for the |
| 366 | facility under that contract. Compliance with amendments to the |
| 367 | accreditation standards of the association is required upon the |
| 368 | approval of such amendments by the commission. |
| 369 | (d) Require that the proposed facilities and the |
| 370 | management plans for the inmates meet applicable American |
| 371 | Correctional Association standards and the requirements of all |
| 372 | applicable court orders and state law. |
| 373 | (e) Establish operations standards for correctional |
| 374 | facilities subject to the contract. However, if the department |
| 375 | and the contractor disagree with an operations standard, the |
| 376 | contractor The commission may propose to waive any rule, policy, |
| 377 | or procedure of the department related to the operations |
| 378 | standards of correctional facilities which is that are |
| 379 | inconsistent with the mission of the contractor commission to |
| 380 | establish cost-effective, privately operated correctional |
| 381 | facilities. The Florida Corrections Commission shall be |
| 382 | responsible for considering all proposals from the contractor to |
| 383 | waive any rule, policy, or procedure and shall render a final |
| 384 | decision granting or denying such request. |
| 385 | (f) Require the contractor to be responsible for a range |
| 386 | of dental, medical, and psychological services; diet; education; |
| 387 | and work programs at least equal to those provided by the |
| 388 | department in comparable facilities. The work and education |
| 389 | programs must be designed to reduce recidivism, and include |
| 390 | opportunities to participate in such work programs as authorized |
| 391 | pursuant to s. 946.523. |
| 392 | (g) Require the selection and appointment of a full-time |
| 393 | contract monitor. The contract monitor shall be appointed and |
| 394 | supervised by the Department of Management Services commission. |
| 395 | The contractor is required to reimburse the Department of |
| 396 | Management Services commission for the salary and expenses of |
| 397 | the contract monitor. It is the obligation of the contractor to |
| 398 | provide suitable office space for the contract monitor at the |
| 399 | correctional facility. The contract monitor shall have unlimited |
| 400 | access to the correctional facility. |
| 401 | (h) Be for a period of 3 years and may be renewed for |
| 402 | successive 2-year periods thereafter. However, the state is not |
| 403 | obligated for any payments to the contractor beyond current |
| 404 | annual appropriations. |
| 405 | (2) Each contract entered into for the design and |
| 406 | construction of a private correctional facility or juvenile |
| 407 | commitment facility must include: |
| 408 | (a) Notwithstanding any provision of chapter 255 to the |
| 409 | contrary, a specific provision authorizing the use of tax-exempt |
| 410 | financing through the issuance of tax-exempt bonds, certificates |
| 411 | of participation, lease-purchase agreements, or other tax-exempt |
| 412 | financing methods. Pursuant to s. 255.25, approval is hereby |
| 413 | provided for the lease-purchase of up to two private |
| 414 | correctional facilities and any other facility authorized by the |
| 415 | General Appropriations Act. |
| 416 | (b) A specific provision requiring the design and |
| 417 | construction of the proposed facilities to meet the applicable |
| 418 | standards of the American Correctional Association and the |
| 419 | requirements of all applicable court orders and state law. |
| 420 | (c) A specific provision requiring the contractor, and not |
| 421 | the Department of Management Services commission, to obtain the |
| 422 | financing required to design and construct the private |
| 423 | correctional facility or juvenile commitment facility built |
| 424 | under this chapter. |
| 425 | (d) A specific provision stating that the state is not |
| 426 | obligated for any payments that exceed the amount of the current |
| 427 | annual appropriation. |
| 428 | (3)(a) Each contract for the designing, financing, |
| 429 | acquiring, leasing, constructing, and operating of a private |
| 430 | correctional facility shall be subject to ss. 255.2502 and |
| 431 | 255.2503. |
| 432 | (b) Each contract for the designing, financing, acquiring, |
| 433 | leasing, and constructing of a private juvenile commitment |
| 434 | facility shall be subject to ss. 255.2502 and 255.2503. |
| 435 | (4) A contract entered into under this chapter does not |
| 436 | accord third-party beneficiary status to any inmate or juvenile |
| 437 | offender or to any member of the general public. |
| 438 | (5) Each contract entered into by the Department of |
| 439 | Management Services commission must include substantial minority |
| 440 | participation unless demonstrated by evidence, after a good |
| 441 | faith effort, as impractical and must also include any other |
| 442 | requirements the Department of Management Services commission |
| 443 | considers necessary and appropriate for carrying out the |
| 444 | purposes of this chapter. |
| 445 | (6) Notwithstanding s. 253.025(7), the Board of Trustees |
| 446 | of the Internal Improvement Trust Fund need not approve a lease- |
| 447 | purchase agreement negotiated by the Department of Management |
| 448 | Services commission if the Department of Management Services |
| 449 | commission finds that there is a need to expedite the lease- |
| 450 | purchase. |
| 451 | (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever |
| 452 | the Department of Management Services commission finds it to be |
| 453 | in the best interest of timely site acquisition, it may contract |
| 454 | without the need for competitive selection with one or more |
| 455 | appraisers whose names are contained on the list of approved |
| 456 | appraisers maintained by the Division of State Lands of the |
| 457 | Department of Environmental Protection in accordance with s. |
| 458 | 253.025(6)(b). In those instances when the Department of |
| 459 | Management Services commission directly contracts for appraisal |
| 460 | services, it shall also contract with an approved appraiser who |
| 461 | is not employed by the same appraisal firm for review services. |
| 462 | (b) Notwithstanding s. 253.025(6), the Department of |
| 463 | Management Services commission may negotiate and enter into |
| 464 | lease-purchase agreements before an appraisal is obtained. Any |
| 465 | such agreement must state that the final purchase price cannot |
| 466 | exceed the maximum value allowed by law. |
| 467 | (8) Notwithstanding s. 957.03(4), the Department of |
| 468 | Management Services shall be the successor agency for the |
| 469 | Correctional Privatization Commission in all contracts entered |
| 470 | into pursuant to this chapter which are in effect on July 1, |
| 471 | 2004. Buildings and other improvements to real property which |
| 472 | are financed under paragraph (2)(a) and which are leased to the |
| 473 | Correctional Privatization Commission are considered to be owned |
| 474 | by the Correctional Privatization Commission for the purposes of |
| 475 | this section whereby the terms of the lease, the buildings, and |
| 476 | other improvements will become the property of the state at the |
| 477 | expiration of the lease. For any facility that is bid and built |
| 478 | under the authority of requests for proposals made by the |
| 479 | Correctional Privatization Commission between December 1993 and |
| 480 | October 1994 and that is operated by a private vendor, a payment |
| 481 | in lieu of taxes, from funds appropriated for the Correctional |
| 482 | Privatization Commission, shall be paid until the expiration of |
| 483 | the lease to local taxing authorities in the local government in |
| 484 | which the facility is located in an amount equal to the ad |
| 485 | valorem taxes assessed by counties, municipalities, school |
| 486 | districts, and special districts. |
| 487 | Section 14. Subsections (2) and (7) of section 957.06, |
| 488 | Florida Statutes, are amended to read: |
| 489 | 957.06 Powers and duties not delegable to contractor.--A |
| 490 | contract entered into under this chapter does not authorize, |
| 491 | allow, or imply a delegation of authority to the contractor to: |
| 492 | (2) Choose the facility to which an inmate is initially |
| 493 | assigned or subsequently transferred. The contractor may |
| 494 | request, in writing, that an inmate be transferred to a facility |
| 495 | operated by the department. The Department of Management |
| 496 | Services commission, the contractor, and a representative of the |
| 497 | department shall develop and implement a cooperative agreement |
| 498 | for transferring inmates between a correctional facility |
| 499 | operated by the department and a private correctional facility. |
| 500 | The department, the Department of Management Services |
| 501 | commission, and the contractor must comply with the cooperative |
| 502 | agreement. |
| 503 | (7) Develop and implement requirements that inmates engage |
| 504 | in any type of work, except to the extent that those |
| 505 | requirements are accepted by the commission. |
| 506 | Section 15. Subsection (1) and paragraph (d) of subsection |
| 507 | (5) of section 957.07, Florida Statutes, are amended to read: |
| 508 | 957.07 Cost-saving requirements.-- |
| 509 | (1) The Department of Management Services commission may |
| 510 | not enter into a contract or series of contracts unless the |
| 511 | department commission determines that the contract or series of |
| 512 | contracts in total for the facility will result in a cost |
| 513 | savings to the state of at least 7 percent over the public |
| 514 | provision of a similar facility. Such cost savings as determined |
| 515 | by the Department of Management Services commission must be |
| 516 | based upon the actual costs associated with the construction and |
| 517 | operation of similar facilities or services as determined by the |
| 518 | Department of Corrections and certified by the Auditor General. |
| 519 | The Department of Corrections shall calculate all of the cost |
| 520 | components that determine the inmate per diem in correctional |
| 521 | facilities of a substantially similar size, type, and location |
| 522 | that are operated by the Department of Corrections, including |
| 523 | administrative costs associated with central administration. |
| 524 | Services that are provided to the Department of Corrections by |
| 525 | other governmental agencies at no direct cost to the department |
| 526 | shall be assigned an equivalent cost and included in the per |
| 527 | diem. |
| 528 | (5) |
| 529 | (d) If a private vendor chooses not to renew the contract |
| 530 | at the appropriated level, the Department of Management Services |
| 531 | commission shall terminate the contract as provided in s. |
| 532 | 957.14. |
| 533 | Section 16. Section 957.08, Florida Statutes, is amended |
| 534 | to read: |
| 535 | 957.08 Capacity requirements.--The Department of |
| 536 | Corrections shall transfer and assign prisoners, at a rate to be |
| 537 | determined by the commission, to each private correctional |
| 538 | facility opened pursuant to this chapter in an amount not less |
| 539 | than 90 percent or more than 100 percent of the capacity of the |
| 540 | facility pursuant to the contract with the Department of |
| 541 | Management Services commission. The prisoners transferred by |
| 542 | the Department of Corrections shall represent a cross section of |
| 543 | the general inmate population, based on the grade of custody or |
| 544 | the offense of conviction, at the most comparable facility |
| 545 | operated by the department. |
| 546 | Section 17. Subsection (2) of section 957.13, Florida |
| 547 | Statutes, is amended to read: |
| 548 | 957.13 Background checks.-- |
| 549 | (2) The Florida Department of Law Enforcement may, to the |
| 550 | extent provided for by federal law, provide for the exchange of |
| 551 | state, multistate, and federal criminal history records of |
| 552 | individuals who apply for employment at a private correctional |
| 553 | facility with the Correctional Privatization Commission for the |
| 554 | purpose of conducting background checks as required by law or |
| 555 | contract the commission. |
| 556 | Section 18. Section 957.14, Florida Statutes, is amended |
| 557 | to read: |
| 558 | 957.14 Contract termination and control of a correctional |
| 559 | facility by the department.--A detailed plan shall be provided |
| 560 | by a private vendor under which the department shall assume |
| 561 | temporary control of a private correctional facility upon |
| 562 | termination of the contract. The Department of Management |
| 563 | Services commission may terminate the contract with cause after |
| 564 | written notice of material deficiencies and after 60 workdays in |
| 565 | order to correct the material deficiencies. If any event occurs |
| 566 | that involves the noncompliance with or violation of contract |
| 567 | terms and that presents a serious threat to the safety, health, |
| 568 | or security of the inmates, employees, or the public, the |
| 569 | department may temporarily assume control of the private |
| 570 | correctional facility, with the approval of the Department of |
| 571 | Management Services commission. A plan shall also be provided by |
| 572 | a private vendor for the purchase and temporary assumption of |
| 573 | operations of a correctional facility by the department in the |
| 574 | event of bankruptcy or the financial insolvency of the private |
| 575 | vendor. The private vendor shall provide an emergency plan to |
| 576 | address inmate disturbances, employee work stoppages, strikes, |
| 577 | or other serious events in accordance with standards of the |
| 578 | American Correctional Association. |
| 579 | Section 19. Section 957.15, Florida Statutes, is amended |
| 580 | to read: |
| 581 | 957.15 Funding of contracts for operation, maintenance, |
| 582 | and lease-purchase of private correctional facilities.--The |
| 583 | request for appropriation of funds to make payments pursuant to |
| 584 | contracts entered into by the Department of Management Services |
| 585 | commission for the operation, maintenance, and lease-purchase of |
| 586 | the private correctional facilities authorized by this chapter |
| 587 | shall be made by the Department of Management Services |
| 588 | commission in a request to the department. The department shall |
| 589 | include such request in its budget request to the Legislature as |
| 590 | a separately identified item and shall forward the request of |
| 591 | the Department of Management Services commission without change. |
| 592 | After an appropriation has been made by the Legislature to the |
| 593 | department for the private correctional facilities commission, |
| 594 | the department shall have no authority over such funds other |
| 595 | than to pay from such appropriation to the appropriate private |
| 596 | vendor such amounts as are certified for payment by the |
| 597 | Department of Management Services commission. |
| 598 | Section 20. Section 957.16, Florida Statutes, is amended |
| 599 | to read: |
| 600 | 957.16 Expanding capacity.--The Department of Management |
| 601 | Services commission is authorized to modify and execute |
| 602 | agreements with contractors to expand up to the total capacity |
| 603 | of contracted correctional facilities. Total capacity means the |
| 604 | design capacity of all contracted correctional facilities |
| 605 | increased by one-half as described under s. 944.023(1)(b). Any |
| 606 | additional beds authorized under this section must comply with |
| 607 | the cost-saving requirements set forth in s. 957.07. Any |
| 608 | additional beds authorized as a result of expanded capacity |
| 609 | under this section are contingent upon specified appropriations. |
| 610 | Section 21. Paragraph (h) is added to subsection (1) of |
| 611 | section 944.516, Florida Statutes, to read: |
| 612 | 944.516 Money or other property received for personal use |
| 613 | or benefit of inmate; deposit; disposition of unclaimed trust |
| 614 | funds.--The Department of Corrections shall protect the |
| 615 | financial interest of the state with respect to claims which the |
| 616 | state may have against inmates in state institutions under its |
| 617 | supervision and control and shall administer money and other |
| 618 | property received for the personal benefit of such inmates. In |
| 619 | carrying out the provisions of this section, the department may |
| 620 | delegate any of its enumerated powers and duties affecting |
| 621 | inmates of an institution to the warden or regional director who |
| 622 | shall personally, or through designated employees of his or her |
| 623 | personal staff under his or her direct supervision, exercise |
| 624 | such powers or perform such duties. |
| 625 | (1) The Department of Corrections may: |
| 626 | (h) Charge an administrative processing fee of up to $6 |
| 627 | each month to inmates for banking services. Such fees shall be |
| 628 | deposited into the department's Grants and Donations Trust Fund |
| 629 | and shall be used to offset the cost of the department's |