Florida Senate - 2012 SB 2038 By the Committee on Rules 595-01994-12 20122038__ 1 A bill to be entitled 2 An act relating to the privatization of correctional 3 facilities; creating s. 944.7115, F.S.; requiring that 4 the Department of Corrections privatize the management 5 and operation of certain correctional facilities and 6 assigned correctional units; requiring that the 7 department issue one or more requests for proposals; 8 providing a timeframe for proposals submitted in 9 response to a request for proposals; providing certain 10 cost-saving requirements for a request for proposals; 11 requiring that the department determine the costs 12 incurred for the 2010-2011 fiscal year for each 13 correctional facility and assigned correctional unit 14 according to a specified formula; limiting the costs 15 to be incurred by the state in the second or 16 subsequent contract years; providing that the 17 provisions in a request for proposals which relate to 18 cost savings are not subject to challenge in any 19 protest of the specifications of a request for 20 proposals; requiring that each contractor selected as 21 a result of a request for proposals manage and operate 22 the correctional facilities and all assigned 23 correctional units at certain capacities; requiring 24 that all activities regarding the classification of 25 inmates remain under the department’s supervision and 26 direction; requiring that each facility’s average 27 daily population and medical and psychological grade 28 population percentages remain unchanged from the 29 average daily population calculated for the 2010-2011 30 fiscal year; requiring that certain participating 31 accounts associated with the correctional facilities 32 and assigned correctional units continue to be 33 remitted to the General Revenue Fund; providing that 34 certain statutory provisions regarding contractual 35 arrangements with private entities for the operation 36 and maintenance of correctional facilities and the 37 certification of private correctional officers do not 38 apply to a request for proposals or a contract 39 authorized by the act; providing that s. 216.023, 40 F.S., regarding legislative budget requests furnished 41 to the Legislature, does not initially apply to the 42 department with respect to the services required to be 43 privatized under the act; providing requirements for a 44 contract that results from a request for proposals; 45 requiring that the department provide reports to the 46 legislative appropriations committees regarding the 47 performance of each contractor; requiring that the 48 department prepare and submit to the Legislative 49 Budget Commission proposed revisions to its operating 50 budget; requiring that the department enter into a 51 contract with one or more winning bidders after 52 approval by the Legislative Budget Commission; 53 requiring that current employees at each designated 54 correctional facility and assigned correctional unit 55 be given first preference for continued employment; 56 requiring that the department make reasonable efforts 57 for finding job placements for employees who wish to 58 continue to be employed by the state; authorizing the 59 department to adopt rules; repealing s. 944.719(1), 60 F.S., relating to the adoption of rules by the 61 Department of Corrections regarding contractual 62 arrangements and standards for the operation of 63 correctional facilities by private vendors; providing 64 an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1. Section 944.7115, Florida Statutes, is created 69 to read: 70 944.7115 Department of Corrections; Southern Florida 71 Region; privatization of correctional facilities.— 72 (1) Notwithstanding s. 287.057(1)(b)1., the department 73 shall, through the issuance of one or more requests for 74 proposals, privatize the management and operation of all 75 correctional facilities and assigned correctional units, 76 including prisons, annexes, work camps, road prisons, and work 77 release centers, which are operated by the department in the 78 Southern Florida Region and located in Manatee, Hardee, Indian 79 River, Okeechobee, Highlands, St. Lucie, DeSoto, Sarasota, 80 Charlotte, Glades, Martin, Palm Beach, Hendry, Lee, Collier, 81 Broward, Miami-Dade, and Monroe Counties, excluding any 82 correctional facility or assigned correctional unit that has 83 been closed or scheduled for closure before June 30, 2012. 84 (2) The department shall issue its request for proposals no 85 later than 30 days after the effective date of this act. The 86 department shall require that any proposal submitted in response 87 to a request for proposals be submitted no later than 30 days 88 after the issuance of the request for proposals. 89 (3) Each request for proposals which is issued by the 90 department must provide that the total cost of a responsive 91 proposal to the department during the first year of the contract 92 must result in actual cost savings to the state of at least 7 93 percent of the costs incurred by the state for the 2010-2011 94 fiscal year for the provision of the services at the 95 correctional facilities and assigned correctional units included 96 in the request for proposals. For each correctional facility and 97 assigned correctional unit included in a request for proposals, 98 the department shall determine the costs incurred by the state 99 for the 2010-2011 fiscal year using the average daily population 100 of each correctional facility and assigned correctional unit 101 during the 2010-2011 fiscal year and the direct and distributed 102 inmate per diem cost for each correctional facility and assigned 103 correctional unit during the 2010-2011 fiscal year, reduced for 104 the 3 percent retirement contribution now required by state 105 employees under chapter 121, by inmate medical costs, and by the 106 department’s direct and personnel costs associated with inmate 107 classification. The total costs to be incurred by the state in 108 the second or subsequent years of the contract resulting from 109 the request for proposals may increase by not more than the 110 percentage increase in the Consumer Price Index; however, any 111 such increase is contingent upon appropriation by the 112 Legislature. Notwithstanding s. 120.57(3), the provisions in a 113 request for proposals which relate to the cost savings required 114 under this subsection are not subject to challenge in any 115 protest of the specifications of the request for proposals. 116 (4) Each contractor selected as a result of a request for 117 proposals must manage and operate each correctional facility and 118 the assigned correctional unit at capacities set forth in s. 119 944.023. 120 (5) All activities regarding the classification of inmates 121 shall remain under the department’s supervision and direction as 122 required by law. Each facility’s average daily population, as 123 well as medical and psychological grade population percentages, 124 shall remain substantially unchanged from the average daily 125 population calculated for the 2010-2011 fiscal year. 126 (6) Notwithstanding ss. 944.72 and 945.215, funds from 127 canteens, subsistence payments, and any other participating 128 accounts associated with or located at the correctional 129 facilities and all assigned correctional units shall continue to 130 be remitted to the General Revenue Fund. 131 (7) The provisions of s. 944.105(1), (6), and (7) do not 132 apply to any request for proposals or contract authorized by 133 this section. Section 216.023 does not apply to the department 134 with respect to the services required to be privatized under 135 this section until the department is required to submit its 136 legislative budget request for the first fiscal year that begins 137 after the department completely implements the privatization 138 required under this section. 139 (8) Any contract resulting from a request for proposals 140 must: 141 (a) Require compliance with all applicable federal, state, 142 and local laws and all rules adopted by the department. 143 (b) Require actual cost savings to the state of at least 7 144 percent of the costs incurred by the state for the 2010-2011 145 fiscal year for the provision of the required services at the 146 correctional facilities and assigned correctional units included 147 in the request for proposals. 148 (c) Include specific performance measures and levels of 149 expected performance for the contractor in order to ensure 150 contractor performance and accountability, and require the 151 contractor to provide the department with information concerning 152 each performance measure for each separate correctional facility 153 and assigned correctional unit for each month, calendar quarter, 154 and year during the term of the contract, in the format 155 specified by the department. 156 1. The required performance measures must include, but are 157 not limited to: 158 a. The number of batteries committed by inmates on one or 159 more persons per 1,000 inmates; 160 b. The number of inmates receiving major disciplinary 161 reports per 1,000 inmates; 162 c. The percentage of random inmate drug tests that are 163 negative; 164 d. The percentage of reported criminal incidents 165 investigated by the proper authorities; 166 e. The number of escapes from the secure perimeter of major 167 institutions; 168 f. The percentage of inmates placed in a facility that 169 provides at least one of the inmate’s primary program needs; 170 g. The number of transition plans completed for inmates are 171 released from prison; 172 h. The number of release plans completed for inmates are 173 released from prison; 174 i. The percentage of release plans completed for inmates 175 released from prison; 176 j. The percentage of inmates who successfully complete drug 177 abuse education or treatment programs; 178 k. The number of inmates who are receiving substance abuse 179 services; 180 l. The percentage of inmates who complete mandatory 181 literacy programs and who score at or above the 6th grade level 182 on Tests of Adult Basic Education; 183 m. The percentage of inmates who successfully complete 184 mandatory literacy programs; 185 n. The percentage of inmates who successfully complete 186 education programs for the General Education Development (GED) 187 test preparation; 188 o. The percentage of inmates needing special education 189 programs who participate in special education programs in 190 accordance with federal law; 191 p. The percentage of inmates who successfully complete 192 vocational education programs; 193 q. The average increase in grade level achieved by inmates 194 participating in education programs every 3-month instructional 195 period; and 196 r. The percentage of inmates who successfully complete 197 transition, rehabilitation, or support programs without 198 subsequent recommitment to community supervision or prison for 199 24 months after release. 200 2. For work release centers, the required performance 201 measures must also include, but are not limited to: 202 a. The percent of employment of supervised individuals; 203 b. The illegal substance use by supervised individuals; 204 c. The victim restitution paid by supervised individuals; 205 d. Compliance by supervised individuals without contact 206 orders; 207 e. The number of serious incidents occurring at the 208 facility; and 209 f. The number of absconders. 210 (9) The department shall provide reports to each chair of 211 the legislative appropriations committees regarding the 212 performance of each contractor which include, but are not 213 limited to, information regarding each required performance 214 measure in each contract resulting from the request for 215 proposals for each contractor and for each correctional facility 216 and assigned correctional unit. 217 (10) After the department has issued its notice of intent 218 to award a contract, resolved any bid protests, and concluded 219 negotiation of a contract resulting from the request for 220 proposals, the department must prepare and submit to the 221 Legislative Budget Commission proposed revisions to its 222 operating budget which demonstrate the 7 percent savings 223 required under subsection (3), which must be attained during the 224 first year of the term of the contract. 225 (11) After approval by the Legislative Budget Commission, 226 the department shall enter into a contract with one or more 227 winning bidders. 228 (12) Each current department employee at the designated 229 correctional facility and assigned correctional unit who is 230 affected by the privatization must be given first preference for 231 continued employment by the contractor selected as a result of a 232 request for proposals. The department shall make reasonable 233 efforts to find suitable job placements for employees who wish 234 to continue to be employed by the state. 235 (13) The department may adopt rules as necessary to 236 administer this section. 237 Section 2. Subsection (1) of section 944.719, Florida 238 Statutes, is repealed. 239 Section 3. This act shall take effect upon becoming a law.