Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2038
                                Barcode 141080                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             01/31/2012 02:45 PM       .                                

       Senator Latvala moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 113 - 130
    4  and insert:
    5         944.7115 Department of Corrections; Southern Florida
    6  Region; conditional privatization of correctional facilities.—
    7         (1) If the Department of Corrections cannot within 60 days
    8  after the effective date of this act, even after using its
    9  reasonable best efforts and using the flexibility afforded and
   10  established by this subsection, achieve a 7 percent budgetary
   11  cost savings off the actual cost savings incurred by the state
   12  for the 2010-2011 fiscal year for the provision of the services
   13  at the correction facilities and assigned correction units
   14  included in the region to be privatized under this section, the
   15  Department of Corrections shall provide formal written notice to
   16  the Department of Management Services that it cannot achieve the
   17  7 percent cost savings. Subject to s. 287.057(1)(b)1. and after
   18  receiving such notice, the Department of Management Services,
   19  working with the Department of Corrections, may, through the
   20  issuance of two or more requests for proposals, privatize the
   21  management and operation of all correction facilities and
   22  assigned correctional units, including prisons, annexes, work
   23  camps, road prisons, and work release centers, which are
   24  operated by the Department of Corrections in the Southern
   25  Florida Region and located in Manatee, Hardee, Indian River,
   26  Okeechobee, Highlands, St. Lucie, De Soto, Sarasota, Charlotte,
   27  Glades, Martin, Palm Beach, Hendry, Lee, Collier, Broward,
   28  Miami-Dade, and Monroe Counties, excluding the South Florida
   29  Reception Center and any correction facility or assigned
   30  correction unit that has been closed or scheduled for closure
   31  before June 30, 2012. This subsection does not apply to nurses
   32  working for the Department of Corrections in Region IV and the
   33  positions of such nurses may not be privatized. In using its
   34  reasonable best efforts to achieve an actual 7 percent cost
   35  savings off the actual cost savings incurred by the state for
   36  the 2010-2011 fiscal year as required by this section as an
   37  express condition to any privatization authorized under this
   38  section, the Department of Corrections shall have the
   39  flexibility and authority to take all actions necessary to
   40  achieve the 7 percent budgetary cost savings, including, but not
   41  limited to, the authority to renegotiate contracts and
   42  agreements, including, but not limited to, contracts and
   43  agreements relating to the salaries and benefits of Department
   44  of Corrections employees.
   46  ================= T I T L E  A M E N D M E N T ================
   47         And the title is amended as follows:
   48         Delete lines 3 - 9
   49  and insert:
   50         facilities; creating s. 944.7115, F.S.; requiring that
   51         the Department of Corrections provide formal written
   52         notice to the Department of Management Services if the
   53         Department of Corrections cannot achieve the budgetary
   54         cost savings required by the act; authorizing the
   55         Department of Management Services, working with the
   56         Department of Corrections, to privatize the management
   57         and operation of certain correctional facilities and
   58         assigned correctional units; providing that the
   59         positions of nurses working for the Department of
   60         Corrections may not be privatized; providing the
   61         Department of Corrections with the flexibility and
   62         authority to achieve the budgetary cost savings
   63         required by the act; authorizing the Department of
   64         Corrections to renegotiate contracts and agreements;
   65         providing a timeframe