CS/HB 5403

1	A bill to be entitled
2	An act relating to the Department of Corrections; amending
3	s. 945.0311, F.S.; deleting a reference to the youthful
4	offender basic training program; amending s. 951.231,
5	F.S.; removing a reference to the youthful offender basic
6	training program; amending s. 958.04, F.S.; deleting
7	references to the youthful offender basic training
8	program; repealing s. 958.045, F.S., relating to the
9	youthful offender basic training program; amending s.
10	943.10, F.S.; revising the definitions of "correctional
11	probation officer" and "part-time correctional probation
12	officer"; amending s. 944.02, F.S.; redefining the term
13	"elderly offender" to remove a reference to the Department
14	of Management Services; creating s. 944.1051, F.S.;
15	authorizing the Department of Corrections to contract with
16	a private entity to supervise offenders on community
17	supervision in Broward and Miami-Dade counties pursuant to
18	the General Appropriations Act; providing contract
19	requirements; providing definitions; amending s. 944.115,
20	F.S.; removing a reference to the Department of Management
21	Services in the definition of the term "employee";
22	amending ss. 944.72, 944.8041, and 945.215, F.S.;
23	conforming provisions to changes made by the act; amending
24	s. 947.005, F.S.; revising the definition of "department";
25	amending s. 948.001, F.S.; defining the term "department"
26	for purposes of chapter 948, F.S., relating to probation
27	and community control; amending s. 948.01, F.S.; providing
28	an exception to the prohibition on private entities
29	providing supervision services to certain offenders;
30	providing for a transfer of specified duties, functions,
31	property, and funds from the Department of Management
32	Services to the Department of Corrections; amending ss.
33	957.04, 957.06, 957.07, 957.08, 957.14, 957.15, and
34	957.16, F.S.; conforming provisions to changes made by the
35	act; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Paragraph (c) of subsection (1) of section
40	945.0311, Florida Statutes, is amended to read:
41	945.0311  Employment of relatives.-
42	(1)  For the purposes of this section, the term:
43	(c)  "Organizational unit" includes:
44	1.  A unit of a state correctional institution such as
45	security, medical, dental, classification, maintenance,
46	personnel, or business. A work camp, boot camp, or other annex
47	of a state correctional institution is considered part of the
48	institution and not a separate unit.
49	2.  An area of a regional office such as personnel,
50	medical, administrative services, probation and parole, or
51	community facilities.
52	3.  A correctional work center, road prison, or work
53	release center.
54	4.  A probation and parole circuit office or a suboffice
55	within a circuit.
56	5.  A bureau of the Office of the Secretary or of any of
57	the assistant secretaries.
58	Section 2.  Subsection (1) of section 951.231, Florida
59	Statutes, is amended to read:
60	951.231  County residential probation program.-
61	(1)  Any prisoner who has been sentenced under s. 921.18 to
62	serve a sentence in a county residential probation center as
63	described in s. 951.23 shall:
64	(a)  Reside at the center at all times other than during
65	employment hours and reasonable travel time to and from his or
66	her place of employment, except that supervisory personnel at a
67	county residential probation center may extend the limits of
68	confinement to include, but not be limited to, probation,
69	community control, or other appropriate supervisory techniques.
70	(b)  Seek and obtain employment on an 8-hours-a-day basis
71	and retain employment throughout the period of time he or she is
72	housed at the center.
73	(c)  Participate in and complete the program required by s.
74	958.045, if required by the supervisor of the center.
75	(c)(d)  Participate in the education program provided at
76	the center, if required by the supervisor of the center.
77	(d)(e)  Participate in the drug treatment program provided
78	at the center, if required by the supervisor of the center.
79	Section 3.  Subsections (4) and (5) of section 958.04,
80	Florida Statutes, are amended to read:
81	958.04  Judicial disposition of youthful offenders.-
82	(4)  Due to severe prison overcrowding, the Legislature
83	declares the construction of a basic training program facility
84	is necessary to aid in alleviating an emergency situation.
85	(5)  The department shall provide a special training
86	program for staff selected for the basic training program.
87	Section 4.  Section 958.045, Florida Statutes, is repealed.
88	Section 5.  Subsections (3) and (19) of section 943.10,
89	Florida Statutes, are amended to read:
90	943.10  Definitions; ss. 943.085-943.255.-The following
91	words and phrases as used in ss. 943.085-943.255 are defined as
92	follows:
93	(3)  "Correctional probation officer" means a person who is
94	employed full time by the state, or by any private entity that
95	has contracted with the state pursuant to proviso in s. 4 of the
96	2011-2012 General Appropriations Act directing the Department of
97	Corrections to procure comprehensive correctional services, and
98	whose primary responsibility is the supervised custody,
99	surveillance, and control of assigned inmates, probationers,
100	parolees, or community controllees within institutions of the
101	Department of Corrections or within the community. The term
102	includes supervisory personnel whose duties include, in whole or
103	in part, the supervision, training, and guidance of correctional
104	probation officers, but excludes management and administrative
105	personnel above, but not including, the probation and parole
106	regional administrator level.
107	(19)  "Part-time correctional probation officer" means a
108	person who is employed less than full time by the state, or by
109	any private entity which has contracted with the state pursuant
110	to proviso in s. 4 of the 2011-2012 General Appropriations Act
111	directing the Department of Corrections to procure comprehensive
112	correctional services, and whose primary responsibility is the
113	supervised custody, surveillance, and control of assigned
114	inmates, probationers, parolees, or community controllees within
115	institutions of the Department of Corrections or in the
116	community.
117	Section 6.  Subsection (4) of section 944.02, Florida
118	Statutes, is amended to read:
119	944.02  Definitions.-The following words and phrases used
120	in this chapter shall, unless the context clearly indicates
121	otherwise, have the following meanings:
122	(4)  "Elderly offender" means a prisoner age 50 or older in
123	a state correctional institution or a private correctional
124	facility operated by the Department of Corrections or the
125	Department of Management Services.
126	Section 7.  Section 944.1051, Florida Statutes, is created
127	to read:
128	944.1051  Contractual arrangements with private entities
129	for the supervision of offenders on community supervision.-
130	(1)  Pursuant to proviso in s. 4 of the 2011-2012 General
131	Appropriations Act directing the Department of Corrections to
132	procure comprehensive correctional services, the department is
133	authorized to enter into contracts with a private entity for the
134	provision of the supervision of offenders on community
135	supervision in Broward and Miami-Dade counties. A contract
136	entered into pursuant to this section must:
137	(a)  Offer a cost savings to the state of at least 7
138	percent, as determined by the department. In determining the
139	cost savings, the department shall calculate all the cost
140	components that contribute to the offender per diem, including
141	all administrative costs associated with central, regional, and
142	circuit office administration. Services that are provided to the
143	department by other government agencies without any direct cost
144	to the department shall be assigned an equivalent cost and
145	included in the per diem.
146	(b)  Require that the private entity comply with all
147	statutes relating to the supervision of offenders on community
148	supervision, all rules of the department, all court orders
149	relating to offenders on community supervision, and all American
150	Correctional Association standards.
151	(c)  Require the department, in consultation with the
152	private vendor, to establish high, reasonable, and achievable
153	performance standards that the private entity must meet.
154	(d)  Require the private entity to report to the department
155	whether the private entity has met the established performance
156	standards.
157	(e)  Require the private entity to provide at least the
158	same quality of services as that offered by the department.
159	(f)  Require that correctional probation officers employed
160	by a private entity be certified under s. 943.1395, at the
161	private entity's expense.
162	(g)  Require the private entity to give first consideration
163	for employment to employees of the department located in Broward
164	and Miami-Dade counties.
165	(2)  The private entity entering into a contract with the
166	department pursuant to this section shall be liable in tort with
167	respect to the supervision of offenders under its supervision
168	and for any breach of contract with the department.
169	(3)  Sections 216.311 and 287.057 apply to all contracts
170	between the department and any private entity providing
171	community supervision services. The department shall adopt rules
172	pursuant to chapter 120 specifying criteria for such contractual
173	arrangements.
174	(4)  For purposes of this section, the term "community
175	supervision" means administrative probation, community control,
176	drug offender probation, probation, and sex offender probation
177	as those terms are defined in s. 948.001. The term also includes
178	conditional release, control release, conditional medical
179	release, parole, and addiction-recovery supervision, as provided
180	in chapter 947.
181	Section 8.  Paragraph (b) of subsection (2) of section
182	944.115, Florida Statutes, is amended to read:
183	944.115  Smoking prohibited inside state correctional
184	facilities.-
185	(2)  As used in this section, the term:
186	(b)  "Employee" means an employee of the department or a
187	private vendor in a contractual relationship with the department
188	either the Department of Corrections or the Department of
189	Management Services, and includes persons such as contractors,
190	volunteers, or law enforcement officers who are within a state
191	correctional facility to perform a professional service.
192	Section 9.  Subsection (1) of section 944.72, Florida
193	Statutes, is amended to read:
194	944.72  Privately Operated Institutions Inmate Welfare
195	Trust Fund.-
196	(1)  There is hereby created in the Department of
197	Corrections the Privately Operated Institutions Inmate Welfare
198	Trust Fund. The purpose of the trust fund shall be the benefit
199	and welfare of inmates incarcerated in private correctional
200	facilities under contract with the department pursuant to this
201	chapter or the Department of Management Services pursuant to
202	chapter 957. Moneys shall be deposited in the trust fund and
203	expenditures made from the trust fund as provided in s. 945.215.
204	Section 10.  Section 944.8041, Florida Statutes, is amended
205	to read:
206	944.8041  Elderly offenders; annual review.-For the purpose
207	of providing information to the Legislature on elderly offenders
208	within the correctional system, the department and the
209	Correctional Medical Authority shall each submit annually a
210	report on the status and treatment of elderly offenders in the
211	state-administered and private state correctional systems and
212	the department's geriatric facilities and dorms. In order to
213	adequately prepare the reports, the department and the
214	Department of Management Services shall grant access to the
215	Correctional Medical Authority that includes access to the
216	facilities, offenders, and any information the agencies require
217	to complete their reports. The review shall also include an
218	examination of promising geriatric policies, practices, and
219	programs currently implemented in other correctional systems
220	within the United States. The reports, with specific findings
221	and recommendations for implementation, shall be submitted to
222	the President of the Senate and the Speaker of the House of
223	Representatives on or before December 31 of each year.
224	Section 11.  Paragraphs (a) and (c) of subsection (2) of
225	section 945.215, Florida Statutes, are amended to read:
226	945.215  Inmate welfare and employee benefit trust funds.-
227	(2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
228	FUND; PRIVATE CORRECTIONAL FACILITIES.-
229	(a)  For purposes of this subsection, privately operated
230	institutions or private correctional facilities are those
231	correctional facilities under contract with the department
232	pursuant to chapter 944 or the Department of Management Services
233	pursuant to chapter 957.
234	(c)  The department of Management Services shall annually
235	compile a report that documents Privately Operated Institutions
236	Inmate Welfare Trust Fund receipts and expenditures at each
237	private correctional facility. This report must specifically
238	identify receipt sources and expenditures. The department of
239	Management Services shall compile this report for the prior
240	fiscal year and shall submit the report by September 1 of each
241	year to the chairs of the appropriate substantive and fiscal
242	committees of the Senate and House of Representatives and to the
243	Executive Office of the Governor.
244	Section 12.  Subsection (4) of section 947.005, Florida
245	Statutes, is amended to read:
246	947.005  Definitions.-As used in this chapter, unless the
247	context clearly indicates otherwise:
248	(4)  "Department" means the Department of Corrections or a
249	private entity that has contracted with the department pursuant
250	to s. 944.1051.
251	Section 13.  Subsections (5) through (13) of section
252	948.001, Florida Statutes, are renumbered as subsections (6)
253	through (14), respectively, and a new subsection (5) is added to
254	that section to read:
255	948.001  Definitions.-As used in this chapter, the term:
256	(5)  "Department" or "Department of Corrections" includes a
257	private entity that has contracted with the department pursuant
258	to s. 944.1051.
259	Section 14.  Subsection (5) of section 948.01, Florida
260	Statutes, is amended to read:
261	948.01  When court may place defendant on probation or into
262	community control.-
263	(5)  The imposition of sentence may not be suspended and
264	the defendant thereupon placed on probation or into community
265	control unless the defendant is placed under the custody of the
266	department or another public or private entity. Except as
267	provided in s. 944.1051, a private entity may not provide
268	probationary or supervision services to felony or misdemeanor
269	offenders sentenced or placed on probation or other supervision
270	by the circuit court.
271	Section 15.  Effective July 1, 2011, the statutory powers,
272	duties, and functions, and the records, personnel, property, and
273	unexpended balances of appropriations, allocations, or other
274	funds related to the requirements of chapter 957, Florida
275	Statutes, that are currently under the Department of Management
276	Services are hereby transferred to the Department of Corrections
277	by a type two transfer, pursuant to s. 20.06, Florida Statutes.
278	The secretary of the Department of Corrections is authorized to
279	establish units or subunits and to assign administrative
280	authority for the responsibilities and functions transferred
281	pursuant to this section.
282	Section 16.  Paragraphs (a), (b), (e), and (g) of
283	subsection (1), paragraph (c) of subsection (2), and subsections
284	(5), (6), and (7) of section 957.04, Florida Statutes, are
285	amended 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 unless the
293	department of Management Services determines that the contractor
294	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.
306	(e)  Establish operations standards for correctional
307	facilities subject to the contract. However, if the department
308	and the contractor disagree with an operations standard, the
309	contractor may propose to waive any rule, policy, or procedure
310	of the department related to the operations standards of
311	correctional facilities which is inconsistent with the mission
312	of the contractor to establish cost-effective, privately
313	operated correctional facilities. The department of Management
314	Services shall be responsible for considering all proposals from
315	the contractor to waive any rule, policy, or procedure and shall
316	render a final decision granting or denying such request.
317	(g)  Require the selection and appointment of a full-time
318	contract monitor. The contract monitor shall be appointed and
319	supervised by the department of Management Services. The
320	contractor is required to reimburse the department of Management
321	Services for the salary and expenses of the contract monitor. It
322	is the obligation of the contractor to provide suitable office
323	space for the contract monitor at the correctional facility. The
324	contract monitor shall have unlimited access to the correctional
325	facility.
326	(2)  Each contract entered into for the design and
327	construction of a private correctional facility or juvenile
328	commitment facility must include:
329	(c)  A specific provision requiring the contractor, and not
330	the department of Management Services, to obtain the financing
331	required to design and construct the private correctional
332	facility or juvenile commitment facility built under this
333	chapter.
334	(5)  Each contract entered into by the department of
335	Management Services must include substantial minority
336	participation unless demonstrated by evidence, after a good
337	faith effort, as impractical and must also include any other
338	requirements the department of Management Services considers
339	necessary and appropriate for carrying out the purposes of this
340	chapter.
341	(6)  Notwithstanding s. 253.025(7), the Board of Trustees
342	of the Internal Improvement Trust Fund need not approve a lease-
343	purchase agreement negotiated by the department of Management
344	Services if the department of Management Services finds that
345	there is a need to expedite the lease-purchase.
346	(7)(a)  Notwithstanding s. 253.025 or s. 287.057, whenever
347	the department of Management Services finds it to be in the best
348	interest of timely site acquisition, it may contract without the
349	need for competitive selection with one or more appraisers whose
350	names are contained on the list of approved appraisers
351	maintained by the Division of State Lands of the Department of
352	Environmental Protection in accordance with s. 253.025(6)(b). In
353	those instances when the department of Management Services
354	directly contracts for appraisal services, it shall also
355	contract with an approved appraiser who is not employed by the
356	same appraisal firm for review services.
357	(b)  Notwithstanding s. 253.025(6), the department of
358	Management Services may negotiate and enter into lease-purchase
359	agreements before an appraisal is obtained. Any such agreement
360	must state that the final purchase price cannot exceed the
361	maximum value allowed by law.
362	Section 17.  Subsection (2) of section 957.06, Florida
363	Statutes, is amended to read:
364	957.06  Powers and duties not delegable to contractor.-A
365	contract entered into under this chapter does not authorize,
366	allow, or imply a delegation of authority to the contractor to:
367	(2)  Choose the facility to which an inmate is initially
368	assigned or subsequently transferred. The contractor may
369	request, in writing, that an inmate be transferred to a facility
370	operated by the department. The Department of Management
371	Services, the contractor, and the department shall develop and
372	implement a cooperative agreement for transferring inmates
373	between a correctional facility operated by the department and a
374	private correctional facility. The department, the Department of
375	Management Services, and the contractor must comply with the
376	cooperative agreement.
377	Section 18.  Subsections (1) and (4) and paragraph (d) of
378	subsection (5) of section 957.07, Florida Statutes, are amended
379	to read:
380	957.07  Cost-saving requirements.-
381	(1)  The department of Management Services may not enter
382	into a contract or series of contracts unless the department
383	determines that the contract or series of contracts in total for
384	the facility will result in a cost savings to the state of at
385	least 7 percent over the public provision of a similar facility.
386	Such cost savings as determined by the department of Management
387	Services must be based upon the actual costs associated with the
388	construction and operation of similar facilities or services as
389	determined by the department of Corrections and certified by the
390	Auditor General. The department of Corrections shall calculate
391	all of the cost components that determine the inmate per diem in
392	correctional facilities of a substantially similar size, type,
393	and location that are operated by the department of Corrections,
394	including administrative costs associated with central
395	administration. Services that are provided to the department of
396	Corrections by other governmental agencies at no direct cost to
397	the department shall be assigned an equivalent cost and included
398	in the per diem.
399	(4)  The department of Corrections shall provide a report
400	detailing the state cost to design, finance, acquire, lease,
401	construct, and operate a facility similar to the private
402	correctional facility on a per diem basis. This report shall be
403	provided to the Auditor General in sufficient time that it may
404	be certified to the Department of Management Services to be
405	included in the request for proposals.
406	(5)
407	(d)  If a private vendor chooses not to renew the contract
408	at the appropriated level, the department of Management Services
409	shall terminate the contract as provided in s. 957.14.
410	Section 19.  Section 957.08, Florida Statutes, is amended
411	to read:
412	957.08  Capacity requirements.-The department of
413	Corrections shall transfer and assign prisoners to each private
414	correctional facility opened pursuant to this chapter in an
415	amount not less than 90 percent or more than 100 percent of the
416	capacity of the facility pursuant to the contract with the
417	department of Management Services. The prisoners transferred by
418	the department of Corrections shall represent a cross-section of
419	the general inmate population, based on the grade of custody or
420	the offense of conviction, at the most comparable facility
421	operated by the department.
422	Section 20.  Section 957.14, Florida Statutes, is amended
423	to read:
424	957.14  Contract termination and control of a correctional
425	facility by the department.-A detailed plan shall be provided by
426	a private vendor under which the department shall assume
427	temporary control of a private correctional facility upon
428	termination of the contract. The department of Management
429	Services may terminate the contract with cause after written
430	notice of material deficiencies and after 60 workdays in order
431	to correct the material deficiencies. If any event occurs that
432	involves the noncompliance with or violation of contract terms
433	and that presents a serious threat to the safety, health, or
434	security of the inmates, employees, or the public, the
435	department may temporarily assume control of the private
436	correctional facility, with the approval of the Department of
437	Management Services. A plan shall also be provided by a private
438	vendor for the purchase and temporary assumption of operations
439	of a correctional facility by the department in the event of
440	bankruptcy or the financial insolvency of the private vendor.
441	The private vendor shall provide an emergency plan to address
442	inmate disturbances, employee work stoppages, strikes, or other
443	serious events in accordance with standards of the American
444	Correctional Association.
445	Section 21.  Section 957.15, Florida Statutes, is amended
446	to read:
447	957.15  Funding of contracts for operation, maintenance,
448	and lease-purchase of private correctional facilities.-The
449	request for appropriation of funds to make payments pursuant to
450	contracts entered into by the department of Management Services
451	for the operation, maintenance, and lease-purchase of the
452	private correctional facilities authorized by this chapter shall
453	be made by the Department of Management Services in a request to
454	the department. The department shall include such request in its
455	budget request to the Legislature as a separately identified
456	item and shall forward the request of the Department of
457	Management Services without change. After an appropriation has
458	been made by the Legislature to the department for the private
459	correctional facilities, the department shall have no authority
460	over such funds other than to pay from such appropriation to the
461	appropriate private vendor such amounts as are certified for
462	payment by the Department of Management Services.
463	Section 22.  Section 957.16, Florida Statutes, is amended
464	to read:
465	957.16  Expanding capacity.-The department of Management
466	Services is authorized to modify and execute agreements with
467	contractors to expand up to the total capacity of contracted
468	correctional facilities. Total capacity means the design
469	capacity of all contracted correctional facilities increased by
470	one-half as described under s. 944.023(1)(b). Any additional
471	beds authorized under this section must comply with the cost-
472	saving requirements set forth in s. 957.07. Any additional beds
473	authorized as a result of expanded capacity under this section
474	are contingent upon specified appropriations.
475	Section 23.  This act shall take effect July 1, 2011.

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