Florida Senate - 2022                                     SB 216
       By Senator Farmer
       34-00136A-22                                           2022216__
    1                        A bill to be entitled                      
    2         An act relating to correctional privatization;
    3         transferring the duties of the Department of
    4         Management Services concerning private correctional
    5         facilities to the Department of Corrections by a type
    6         two transfer; creating s. 287.0832, F.S.; prohibiting
    7         an agency from entering into or renewing a contract
    8         with private correctional services after a specified
    9         date; providing an exception; amending ss. 287.042,
   10         330.41, 633.218, 784.078, 790.251, 800.09, 943.053,
   11         943.133, 943.325, 944.023, 944.08, 944.105, 944.115,
   12         944.17, 944.35, 945.215, 945.6041, 946.5025, 946.503,
   13         957.04, 957.06, 957.07, 957.08, 957.14, 957.15, and
   14         957.16, F.S.; conforming provisions to changes made by
   15         the act; repealing s. 944.105, F.S., relating to
   16         contractual arrangements with private entities for
   17         operation and maintenance of correctional facilities
   18         and supervision of inmates; repealing s. 944.7031,
   19         F.S., relating to eligible inmates released from
   20         private correctional facilities; repealing s. 944.710,
   21         F.S., relating to definitions of terms relating to
   22         private operation of state correctional facilities and
   23         s. 944.105; repealing s. 944.72, F.S., relating to the
   24         Privately Operated Institutions Inmate Welfare Trust
   25         Fund; repealing s. 951.062, F.S., relating to
   26         contractual arrangements for the operation and
   27         maintenance of county detention facilities; providing
   28         for future repeal of ch. 957, F.S., relating to
   29         correctional privatization; providing for custody of
   30         inmates after the expiration of correctional facility
   31         contracts; providing effective dates.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. All duties of the Department of Management
   36  Services relating to private correctional facilities are
   37  transferred by a type two transfer, as defined in s. 20.06(2),
   38  Florida Statutes, from the Department of Management Services to
   39  the Department of Corrections. Any binding contract or
   40  interagency agreement entered into and between the Department of
   41  Management Services concerning private correctional facilities
   42  and any other agency, entity, or person continues as a binding
   43  contract or agreement with the Department of Corrections for the
   44  remainder of the term of such contract or agreement.
   45         Section 2. Section 287.0832, Florida Statutes, is created
   46  to read:
   47         287.0832 Prohibition on contracts for private correctional
   48  services.—On or after July 1, 2022, an agency may not bid on,
   49  solicit proposals for, or enter into or renew a contract with a
   50  private vendor for the construction, operation, or maintenance
   51  of a private correctional facility. This section does not
   52  prohibit an agency from managing or enforcing compliance with a
   53  contract for private correctional services which was entered
   54  into or renewed before July 1, 2022, for the duration of the
   55  contract term.
   56         Section 3. Subsection (17) of section 287.042, Florida
   57  Statutes, is amended to read:
   58         287.042 Powers, duties, and functions.—The department shall
   59  have the following powers, duties, and functions:
   60         (17)(a)To enter into contracts pursuant to chapter 957 for
   61  the designing, financing, acquiring, leasing, constructing, or
   62  operating of private correctional facilities. The department
   63  shall enter into a contract or contracts with one contractor per
   64  facility for the designing, acquiring, financing, leasing,
   65  constructing, and operating of that facility or may, if
   66  specifically authorized by the Legislature, separately contract
   67  for any such services.
   68         (b) To manage and enforce compliance with existing or
   69  future contracts entered into before July 1, 2022, pursuant to
   70  chapter 957. The department may not delegate the
   71  responsibilities conferred by this subsection.
   72         Section 4. Effective July 1, 2024, paragraph (a) of
   73  subsection (2) of section 330.41, Florida Statutes, is amended
   74  to read:
   75         330.41 Unmanned Aircraft Systems Act.—
   76         (2) DEFINITIONS.—As used in this act, the term:
   77         (a) “Critical infrastructure facility” means any of the
   78  following, if completely enclosed by a fence or other physical
   79  barrier that is obviously designed to exclude intruders, or if
   80  clearly marked with a sign or signs which indicate that entry is
   81  forbidden and which are posted on the property in a manner
   82  reasonably likely to come to the attention of intruders:
   83         1. An electrical power generation or transmission facility,
   84  substation, switching station, or electrical control center.
   85         2. A chemical or rubber manufacturing or storage facility.
   86         3. A mining facility.
   87         4. A natural gas or compressed gas compressor station,
   88  storage facility, or natural gas or compressed gas pipeline.
   89         5. A liquid natural gas or propane gas terminal or storage
   90  facility with a capacity of 4,000 gallons or more.
   91         6. Any portion of an aboveground oil or gas pipeline.
   92         7. A wireless communications facility, including the tower,
   93  antennae, support structures, and all associated ground-based
   94  equipment.
   95         8. A state correctional institution as defined in s. 944.02
   96  or a private correctional facility authorized under chapter 957.
   97         9. A secure detention center or facility, as defined in s.
   98  985.03, or a nonsecure residential facility, a high-risk
   99  residential facility, or a maximum-risk residential facility, as
  100  those terms are described in s. 985.03(44).
  101         10. A county detention facility, as defined in s. 951.23.
  102         Section 5. Effective July 1, 2024, paragraph (e) of
  103  subsection (1) of section 633.218, Florida Statutes, is amended
  104  to read:
  105         633.218 Inspections of state buildings and premises; tests
  106  of firesafety equipment; building plans to be approved.—
  107         (1)
  108         (e)1. For purposes of this section,:
  109         1.a. the term “high-hazard occupancy” means any building or
  110  structure:
  111         a.(I) That contains combustible or explosive matter or
  112  flammable conditions dangerous to the safety of life or
  113  property;
  114         b.(II) At which persons receive educational instruction;
  115         c.(III) At which persons reside, excluding private
  116  dwellings; or
  117         d.(IV) Containing three or more floor levels.
  118         2.b. As used in this paragraph subparagraph, the phrase
  119  “building or structure”:
  120         a.(I) Includes, but is not limited to, all hospitals and
  121  residential health care facilities, nursing homes and other
  122  adult care facilities, correctional or detention facilities,
  123  public schools, public lodging establishments, migrant labor
  124  camps, residential child care facilities, and self-service
  125  gasoline stations.
  126         b.(II) Does not include any residential condominium where
  127  the declaration of condominium or the bylaws provide that the
  128  rental of units shall not be permitted for less than 90 days.
  129         2. The term “state-owned building” includes private
  130  correctional facilities as defined under s. 944.710(3).
  131         Section 6. Effective July 1, 2024, subsection (1) of
  132  section 784.078, Florida Statutes, is amended to read:
  133         784.078 Battery of facility employee by throwing, tossing,
  134  or expelling certain fluids or materials.—
  135         (1) As used in this section, the term “facility” means a
  136  state correctional institution defined in s. 944.02(8); a
  137  private correctional facility defined in s. 944.710 or under
  138  chapter 957; a county, municipal, or regional jail or other
  139  detention facility of local government under chapter 950 or
  140  chapter 951; or a secure facility operated and maintained by the
  141  Department of Corrections or the Department of Juvenile Justice.
  142         Section 7. Effective July 1, 2024, paragraph (b) of
  143  subsection (7) of section 790.251, Florida Statutes, is amended
  144  to read:
  145         790.251 Protection of the right to keep and bear arms in
  146  motor vehicles for self-defense and other lawful purposes;
  147  prohibited acts; duty of public and private employers; immunity
  148  from liability; enforcement.—
  149         (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
  150  apply to:
  151         (b) Any correctional institution regulated under s. 944.47
  152  or chapter 957.
  153         Section 8. Effective July 1, 2024, paragraph (b) of
  154  subsection (1) of section 800.09, Florida Statutes, is amended
  155  to read:
  156         800.09 Lewd or lascivious exhibition in the presence of an
  157  employee.—
  158         (1) As used in this section, the term:
  159         (b) “Facility” means a state correctional institution as
  160  defined in s. 944.02, a private correctional facility as defined
  161  in s. 944.710, or a county detention facility as defined in s.
  162  951.23.
  163         Section 9. Effective July 1, 2024, subsection (9) of
  164  section 943.053, Florida Statutes, is amended to read:
  165         943.053 Dissemination of criminal justice information;
  166  fees.—
  167         (9) Notwithstanding s. 943.0525, and any user agreements
  168  adopted pursuant thereto, and notwithstanding the
  169  confidentiality of sealed records as provided for in s. 943.059
  170  and juvenile records as provided for in paragraph (3)(b), the
  171  Department of Corrections shall provide, in a timely manner,
  172  copies of the Florida criminal history records for inmates
  173  housed in a private state correctional facility to the private
  174  entity under contract to operate the facility pursuant to former
  175  s. 944.105. The department may assess a charge for the Florida
  176  criminal history records pursuant to chapter 119. Sealed records
  177  and confidential juvenile records received by the private entity
  178  under this section remain confidential and exempt from s.
  179  119.07(1).
  180         Section 10. Effective July 1, 2024, subsection (4) of
  181  section 943.133, Florida Statutes, is amended to read:
  182         943.133 Responsibilities of employing agency, commission,
  183  and program with respect to compliance with employment
  184  qualifications and the conduct of background investigations;
  185  injunctive relief.—
  186         (4) When the employing agency is a private entity under
  187  contract to the county or the state pursuant to s. 944.105, s.
  188  951.062, or chapter 957, the contracting agency shall be
  189  responsible for meeting the requirements of subsections (1),
  190  (2), and (3).
  191         Section 11. Effective July 1, 2024, paragraph (g) of
  192  subsection (2) of section 943.325, Florida Statutes, is amended
  193  to read:
  194         943.325 DNA database.—
  195         (2) DEFINITIONS.—As used in this section, the term:
  196         (g) “Qualifying offender” means any person, including
  197  juveniles and adults, who is:
  198         1.a. Committed to a county jail;
  199         b. Committed to or under the supervision of the Department
  200  of Corrections, including persons incarcerated in a private
  201  correctional institution operated under contract pursuant to s.
  202  944.105;
  203         c. Committed to or under the supervision of the Department
  204  of Juvenile Justice;
  205         d. Transferred to this state under the Interstate Compact
  206  on Juveniles, part XIII of chapter 985; or
  207         e. Accepted under Article IV of the Interstate Corrections
  208  Compact, part III of chapter 941; and who is:
  209         2.a. Convicted of any felony offense or attempted felony
  210  offense in this state or of a similar offense in another
  211  jurisdiction;
  212         b. Convicted of a misdemeanor violation of s. 784.048, s.
  213  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  214  offense that was found, pursuant to s. 874.04, to have been
  215  committed for the purpose of benefiting, promoting, or
  216  furthering the interests of a criminal gang as defined in s.
  217  874.03; or
  218         c. Arrested for any felony offense or attempted felony
  219  offense in this state.
  220         Section 12. Effective July 1, 2024, paragraph (b) of
  221  subsection (1) of section 944.023, Florida Statutes, is amended
  222  to read:
  223         944.023 Comprehensive correctional master plan.—
  224         (1) As used in this section, the term:
  225         (b) “Total capacity” of the state correctional system means
  226  the total design capacity of all institutions and facilities in
  227  the state correctional system, which may include those
  228  facilities authorized and funded under chapter 957, increased by
  229  one-half, with the following exceptions:
  230         1. Medical and mental health beds must remain at design
  231  capacity.
  232         2. Community-based contracted beds must remain at design
  233  capacity.
  234         3. The one-inmate-per-cell requirement at Florida State
  235  Prison and other maximum security facilities must be maintained
  236  pursuant to paragraph (7)(a).
  237         4. Community correctional centers and drug treatment
  238  centers must be increased by one-third.
  239         5. A housing unit may not exceed its maximum capacity
  240  pursuant to paragraphs (7)(a) and (b).
  241         6. A number of beds equal to 5 percent of total capacity
  242  shall be deducted for management beds at institutions.
  243         Section 13. Effective July 1, 2024, subsection (1) of
  244  section 944.08, Florida Statutes, is amended to read:
  245         944.08 Commitment to custody of department; venue of
  246  institutions.—
  247         (1) The words “penitentiary,” “state prison,” or “state
  248  prison farm,” whenever the same are used in any of the laws of
  249  this state, as a place of confinement or punishment for a crime,
  250  shall be construed to mean and refer to the custody of the
  251  Department of Corrections within the state correctional system,
  252  which shall include facilities operated by private entities with
  253  which the department enters into contracts pursuant to s.
  254  944.105.
  255         Section 14.  Section 944.105, Florida Statutes, is amended
  256  to read:
  257         944.105 Contractual arrangements with private entities for
  258  operation and maintenance of correctional facilities and
  259  supervision of inmates.—
  260         (1) The Department of Corrections is authorized to enter
  261  into contracts with private vendors for the provision of the
  262  operation and maintenance of correctional facilities and the
  263  supervision of inmates. However, no such contract shall be
  264  entered into or renewed unless:
  265         (a) The contract offers a substantial savings to the
  266  department, as determined by the department. In determining the
  267  cost savings, the department, after consultation with the
  268  Auditor General, shall calculate all the cost components that
  269  contribute to the inmate per diem, including all administrative
  270  costs associated with central and regional office
  271  administration. Services which are provided to the department by
  272  other government agencies without any direct cost to the
  273  department shall be assigned an equivalent cost and included in
  274  the per diem. The private firm shall be assessed the total
  275  annual cost to the state of monitoring the contract;
  276         (b) The contract provides for the same quality of services
  277  as that offered by the department; and
  278         (c) The Legislature has given specific appropriation for
  279  the contract.
  280         (2) Any private vendor who entered entering into a contract
  281  with the department pursuant to this section before July 1,
  282  2022, is shall be liable in tort with respect to the care and
  283  custody of inmates under its supervision and for any breach of
  284  contract with the department.
  285         (2)(3) In the case of an inmate’s willful failure to remain
  286  within the supervisory control of the private entity, such
  287  action constitutes shall constitute an escape punishable as
  288  provided in s. 944.40.
  289         (3)(4) A private correctional officer may use force only
  290  while on the grounds of a facility, while transporting inmates,
  291  and while pursuing escapees from a facility. A private
  292  correctional officer may use nondeadly force in the following
  293  situations:
  294         (a) To prevent the commission of a felony or a misdemeanor,
  295  including escape.
  296         (b) To defend oneself or others against physical assault.
  297         (c) To prevent serious damage to property.
  298         (d) To enforce institutional regulations and orders.
  299         (e) To prevent or quell a riot.
  301  Private correctional officers may carry and use firearms and may
  302  use deadly force only as a last resort, and then only to prevent
  303  an act that could result in death or serious bodily injury to
  304  oneself or to another person.
  305         (4)(5) Private correctional officers must shall be trained
  306  in the use of force and the use of firearms and must shall be
  307  trained at the private firm’s expense, at the facilities that
  308  train correctional officers employed by the department.
  309         (5)(6)Sections The provisions of ss. 216.311 and 287.057
  310  shall apply to all contracts between the department and any
  311  private vendor providing such services. The department shall
  312  promulgate rules pursuant to chapter 120 specifying criteria for
  313  such contractual arrangements.
  314         (6)(7) The department shall require the certification of
  315  private correctional officers at the private vendor’s expense
  316  under s. 943.1395, and all such officers must meet the minimum
  317  qualifications established in s. 943.13. All other employees of
  318  the private vendor that perform their duties at the private
  319  correctional facility shall receive, at a minimum, the same
  320  quality and quantity of training as that required by the state
  321  for employees of state-operated correctional facilities. All
  322  training expenses are shall be the responsibility of the private
  323  vendor. The department shall provide and receive be the
  324  contributor and recipient of all criminal background information
  325  necessary for certification by the Criminal Justice Standards
  326  and Training Commission.
  327         (7)(8) As used in this section, the term:
  328         (a) “Nondeadly force” means force that normally would
  329  neither cause death nor serious bodily injury.
  330         (b) “Deadly force” means force which would likely cause
  331  death or serious bodily injury.
  332         Section 15. Effective July 1, 2024, subsections (1), (2),
  333  and (5) of section 944.115, Florida Statutes, are amended to
  334  read:
  335         944.115 Smoking prohibited inside state correctional
  336  facilities.—
  337         (1) The purpose of this section is to protect the health,
  338  comfort, and environment of employees of the Department of
  339  Corrections, employees of privately operated correctional
  340  facilities, and inmates by prohibiting inmates from using
  341  tobacco products inside any office or building within state
  342  correctional facilities, and by ensuring that employees and
  343  visitors do not use tobacco products inside any office or
  344  building within state correctional facilities. Scientific
  345  evidence links the use of tobacco products with numerous
  346  significant health risks. The use of tobacco products by
  347  inmates, employees, or visitors is contrary to efforts by the
  348  Department of Corrections to reduce the cost of inmate health
  349  care and to limit unnecessary litigation. The Department of
  350  Corrections and the private vendors operating correctional
  351  facilities shall make available to inmates smoking-cessation
  352  assistance available to inmates in order to implement this
  353  section.
  354         (2) As used in this section, the term:
  355         (a) “Department” means the Department of Corrections.
  356         (b) “Employee” means an employee of the department or a
  357  private vendor in a contractual relationship with either the
  358  Department of Corrections or the Department of Management
  359  Services, and includes persons such as contractors, volunteers,
  360  or law enforcement officers who are within a state correctional
  361  facility to perform a professional service.
  362         (c) “State correctional facility” means a state or
  363  privately operated correctional institution as defined in s.
  364  944.02, or a correctional institution or facility operated under
  365  s. 944.105 or chapter 957.
  366         (d) “Tobacco products” means items such as cigars,
  367  cigarettes, snuff, loose tobacco, or similar goods made with any
  368  part of the tobacco plant, which are prepared or used for
  369  smoking, chewing, dipping, sniffing, or other personal use.
  370         (e) “Visitor” means any person other than an inmate or
  371  employee who is within a state correctional facility for a
  372  lawful purpose and includes, but is not limited to, persons who
  373  are authorized to visit state correctional institutions pursuant
  374  to s. 944.23 and persons authorized to visit as prescribed by
  375  departmental rule or vendor policy.
  376         (f) “Prohibited areas” means any indoor areas of any
  377  building, portable, or other enclosed structure within a state
  378  correctional facility. The secretary of the department may, by
  379  rule, designate other areas, including vehicles, as “prohibited
  380  areas” to be regulated under this section. Neither employee
  381  housing on the grounds of a state correctional facility nor
  382  maximum security inmate housing areas may be designated as
  383  prohibited areas under this section.
  384         (5) The department may adopt rules to implement and
  385  administer and the private vendors operating correctional
  386  facilities may adopt policies and procedures for the
  387  implementation of this section, to designate the designation of
  388  prohibited areas and smoking areas, to impose disciplinary
  389  action on inmates and employees and for the imposition of the
  390  following penalties:
  391         (a) Inmates who violate this section, and to penalize will
  392  be subject to disciplinary action as provided by rule and in
  393  accordance with this section.
  394         (b) Employees who violate this section will be subject to
  395  disciplinary action as provided by rule.
  396         (c) visitors who violate this section, who are will be
  397  subject to losing their authorization removal of authorization
  398  to enter a correctional facility as provided by rule.
  399         Section 16. Effective July 1, 2024, paragraph (b) of
  400  subsection (3) of section 944.17, Florida Statutes, is amended
  401  to read:
  402         944.17 Commitments and classification; transfers.—
  403         (3)
  404         (b) Notwithstanding paragraph (a), any prisoner
  405  incarcerated in the state correctional system or private
  406  correctional facility operated pursuant to chapter 957 who is
  407  convicted in circuit or county court of a crime committed during
  408  that incarceration shall serve the sentence imposed for that
  409  crime within the state correctional system regardless of the
  410  length of sentence or classification of the offense.
  411         Section 17. Effective July 1, 2024, paragraph (b) of
  412  subsection (3) of section 944.35, Florida Statutes, is amended
  413  to read:
  414         944.35 Authorized use of force; malicious battery and
  415  sexual misconduct prohibited; reporting required; penalties.—
  416         (3)
  417         (b)1. As used in this paragraph, the term “sexual
  418  misconduct” means the oral, anal, or vaginal penetration by, or
  419  union with, the sexual organ of another or the anal or vaginal
  420  penetration of another by any other object, but does not include
  421  an act done for a bona fide medical purpose or an internal
  422  search conducted in the lawful performance of the employee’s
  423  duty.
  424         2. Any employee of the department or a private correctional
  425  facility as defined in s. 944.710 who engages in sexual
  426  misconduct with an inmate or an offender supervised by the
  427  department in the community, without committing the crime of
  428  sexual battery, commits a felony of the third degree, punishable
  429  as provided in s. 775.082, s. 775.083, or s. 775.084.
  430         3. The consent of the inmate or offender supervised by the
  431  department in the community to any act of sexual misconduct may
  432  not be raised as a defense to a prosecution under this
  433  paragraph.
  434         4. This paragraph does not apply to any employee of the
  435  department or any employee of a private correctional facility
  436  who is legally married to an inmate or an offender supervised by
  437  the department in the community, nor does it apply to any
  438  employee who has no knowledge, and would have no reason to
  439  believe, that the person with whom the employee has engaged in
  440  sexual misconduct is an inmate or an offender under community
  441  supervision of the department.
  442         Section 18. Paragraph (a) of subsection (3) of section
  443  945.215, Florida Statutes, is amended to read:
  444         945.215 Inmate welfare and employee benefit trust funds.—
  447         (a) For purposes of this subsection, privately operated
  448  institutions or private correctional facilities are those
  449  correctional facilities under contract with the department
  450  pursuant to chapter 944 or the Department of Management Services
  451  pursuant to chapter 957.
  452         Section 19. Effective July 1, 2024, subsection (3) of
  453  section 945.215, Florida Statutes, is amended to read:
  454         945.215 Inmate welfare and employee benefit trust funds.—
  457         (a) For purposes of this subsection, privately operated
  458  institutions or private correctional facilities are those
  459  correctional facilities under contract with the department
  460  pursuant to chapter 944 or the Department of Management Services
  461  pursuant to chapter 957.
  462         (b)1. The net proceeds derived from inmate canteens,
  463  vending machines used primarily by inmates, telephone
  464  commissions, and similar sources at private correctional
  465  facilities shall be deposited in the Privately Operated
  466  Institutions Inmate Welfare Trust Fund.
  467         2. Funds in the Privately Operated Institutions Inmate
  468  Welfare Trust Fund shall be expended only pursuant to
  469  legislative appropriation.
  470         (c) The Department of Management Services shall annually
  471  compile a report that documents Privately Operated Institutions
  472  Inmate Welfare Trust Fund receipts and expenditures at each
  473  private correctional facility. This report must specifically
  474  identify receipt sources and expenditures. The Department of
  475  Management Services shall compile this report for the prior
  476  fiscal year and shall submit the report by September 1 of each
  477  year to the chairs of the appropriate substantive and fiscal
  478  committees of the Senate and House of Representatives and to the
  479  Executive Office of the Governor.
  480         Section 20. Effective July 1, 2024, subsections (2) and (3)
  481  of section 945.6041, Florida Statutes, are amended to read:
  482         945.6041 Inmate medical services.—
  483         (2) Compensation to a health care provider to provide
  484  inmate medical services may not exceed 110 percent of the
  485  Medicare allowable rate if the health care provider does not
  486  have a contract to provide services with the department that or
  487  the private correctional facility, as defined in s. 944.710,
  488  which houses the inmate. However, compensation to a health care
  489  provider may not exceed 125 percent of the Medicare allowable
  490  rate if:
  491         (a) The health care provider does not have a contract to
  492  provide services with the department that or the private
  493  correctional facility, as defined in s. 944.710, which houses
  494  the inmate; and
  495         (b) The health care provider reported a negative operating
  496  margin for the previous year to the Agency for Health Care
  497  Administration through hospital-audited financial data.
  498         (3) Compensation to an entity to provide emergency medical
  499  transportation services for inmates may not exceed 110 percent
  500  of the Medicare allowable rate if the entity does not have a
  501  contract with the department or a private correctional facility,
  502  as defined in s. 944.710, to provide the services.
  503         Section 21. Effective July 1, 2024, section 946.5025,
  504  Florida Statutes, is amended to read:
  505         946.5025 Authorization of corporation to enter into
  506  contracts.—The corporation established under this part may enter
  507  into contracts to operate correctional work programs with any
  508  county or municipal authority that operates a correctional
  509  facility or with a contractor authorized under chapter 944 or
  510  chapter 957 to operate a private correctional facility. The
  511  corporation has the same powers, privileges, and immunities in
  512  carrying out such contracts as it has under this chapter.
  513         Section 22. Effective July 1, 2024, subsections (5) and (6)
  514  of section 946.503, Florida Statutes, are amended to read:
  515         946.503 Definitions to be used with respect to correctional
  516  work programs.—As used in this part, the term:
  517         (5) “Inmate” means any person incarcerated within any
  518  state, county, or municipal, or private correctional facility.
  519         (6) “Private correctional facility” means a facility
  520  authorized by chapter 944 or chapter 957.
  521         Section 23. Paragraphs (a), (b), (e), and (g) of subsection
  522  (1), paragraph (c) of subsection (2), and subsections (5), (6),
  523  and (7) of section 957.04, Florida Statutes, are amended to
  524  read:
  525         957.04 Contract requirements.—
  526         (1) A contract entered into under this chapter before July
  527  1, 2022, for the operation of private correctional facilities
  528  must shall maximize the cost savings of such facilities and must
  529  shall:
  530         (a) Be negotiated with the firm found most qualified.
  531  However, a contract for private correctional services may not be
  532  entered into by the department of Management Services unless the
  533  department of Management Services determines that the contractor
  534  has demonstrated that it has:
  535         1. The qualifications, experience, and management personnel
  536  necessary to carry out the terms of the contract.
  537         2. The ability to expedite the siting, design, and
  538  construction of correctional facilities.
  539         3. The ability to comply with applicable laws, court
  540  orders, and national correctional standards.
  541         (b) Indemnify the state and the department, including their
  542  officials and agents, against any and all liability, including,
  543  but not limited to, civil rights liability. Proof of
  544  satisfactory insurance is required in an amount to be determined
  545  by the department of Management Services.
  546         (e) Establish operations standards for correctional
  547  facilities subject to the contract. However, if the department
  548  and the contractor disagree with an operations standard, the
  549  contractor may propose to waive any rule, policy, or procedure
  550  of the department related to the operations standards of
  551  correctional facilities which is inconsistent with the mission
  552  of the contractor to establish cost-effective, privately
  553  operated correctional facilities. The department is of
  554  Management Services shall be responsible for considering all
  555  proposals from the contractor to waive any rule, policy, or
  556  procedure and shall render a final decision granting or denying
  557  such request.
  558         (g) Require the selection and appointment of a full-time
  559  contract monitor. The contract monitor must shall be appointed
  560  and supervised by the department of Management Services. The
  561  contractor shall is required to reimburse the department of
  562  Management Services for the salary and expenses of the contract
  563  monitor. It is the obligation of the contractor to provide
  564  suitable office space for the contract monitor at the
  565  correctional facility. The contract monitor must be given shall
  566  have unlimited access to the correctional facility.
  567         (2) Each contract entered into for the design and
  568  construction of a private correctional facility or juvenile
  569  commitment facility must include:
  570         (c) A specific provision requiring the contractor, and not
  571  the department of Management Services, to obtain the financing
  572  required to design and construct the private correctional
  573  facility or juvenile commitment facility built under this
  574  chapter.
  575         (5) Each contract entered into by the department of
  576  Management Services must include substantial minority
  577  participation unless demonstrated by evidence, after a good
  578  faith effort, as impractical and must also include any other
  579  requirements the department of Management Services considers
  580  necessary and appropriate for carrying out the purposes of this
  581  chapter.
  582         (6) Notwithstanding s. 253.025(9), the Board of Trustees of
  583  the Internal Improvement Trust Fund need not approve a lease
  584  purchase agreement negotiated by the department of Management
  585  Services if the department of Management Services finds that
  586  there is a need to expedite the lease-purchase.
  587         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
  588  the department of Management Services finds it to be in the best
  589  interest of timely site acquisition, it may contract without the
  590  need for competitive selection with one or more appraisers whose
  591  names are contained on the list of approved appraisers
  592  maintained by the Division of State Lands of the Department of
  593  Environmental Protection in accordance with s. 253.025(8). In
  594  those instances when the department of Management Services
  595  directly contracts for appraisal services, it must shall also
  596  contract with an approved appraiser who is not employed by the
  597  same appraisal firm for review services.
  598         (b) Notwithstanding s. 253.025(8), the department of
  599  Management Services may negotiate and enter into lease-purchase
  600  agreements before an appraisal is obtained. Any such agreement
  601  must state that the final purchase price cannot exceed the
  602  maximum value allowed by law.
  603         Section 24. Subsection (2) of section 957.06, Florida
  604  Statutes, is amended to read:
  605         957.06 Powers and duties not delegable to contractor.—A
  606  contract entered into under this chapter does not authorize,
  607  allow, or imply a delegation of authority to the contractor to:
  608         (2) Choose the facility to which an inmate is initially
  609  assigned or subsequently transferred. The contractor may
  610  request, in writing, that an inmate be transferred to a facility
  611  operated by the department. The Department of Management
  612  Services, the contractor, and the department shall develop and
  613  implement a cooperative agreement for transferring inmates
  614  between a correctional facility operated by the department and a
  615  private correctional facility. The department, the Department of
  616  Management Services, and the contractor must comply with the
  617  cooperative agreement.
  618         Section 25. Subsections (1) and (4) and paragraph (d) of
  619  subsection (5) of section 957.07, Florida Statutes, are amended
  620  to read:
  621         957.07 Cost-saving requirements.—
  622         (1) The department of Management Services may not enter
  623  into a contract or series of contracts unless the department
  624  determines that the contract or series of contracts in total for
  625  the facility will result in a cost savings to the state of at
  626  least 7 percent over the public provision of a similar facility.
  627  Such cost savings as determined by the department of Management
  628  Services must be based upon the actual costs associated with the
  629  construction and operation of similar facilities or services as
  630  determined by the department of Corrections and certified by the
  631  Auditor General. The department of Corrections shall calculate
  632  all of the cost components that determine the inmate per diem in
  633  correctional facilities of a substantially similar size, type,
  634  and location that are operated by the department of Corrections,
  635  including administrative costs associated with central
  636  administration. Services that are provided to the department of
  637  Corrections by other governmental agencies at no direct cost to
  638  the department must shall be assigned an equivalent cost and
  639  included in the per diem.
  640         (4) The department of Corrections shall provide a report
  641  detailing the state cost to design, finance, acquire, lease,
  642  construct, and operate a facility similar to the private
  643  correctional facility on a per diem basis. This report shall be
  644  provided to the Auditor General in sufficient time that it may
  645  be certified to the Department of Management Services to be
  646  included in the request for proposals.
  647         (5)
  648         (d) If a private vendor chooses not to renew the contract
  649  at the appropriated level, the department must of Management
  650  Services shall terminate the contract as provided in s. 957.14.
  651         Section 26. Section 957.08, Florida Statutes, is amended to
  652  read:
  653         957.08 Capacity requirements.—The department of Corrections
  654  shall transfer and assign prisoners to each private correctional
  655  facility opened pursuant to this chapter in an amount not less
  656  than 90 percent or more than 100 percent of the capacity of the
  657  facility pursuant to the contract with the Department of
  658  Management Services. The prisoners transferred by the department
  659  must of Corrections shall represent a cross-section of the
  660  general inmate population, based on the grade of custody or the
  661  offense of conviction, at the most comparable facility operated
  662  by the department.
  663         Section 27. Section 957.14, Florida Statutes, is amended to
  664  read:
  665         957.14 Contract termination and control of a correctional
  666  facility by the department.—A detailed plan must shall be
  667  provided by a private vendor under which the department shall
  668  assume temporary control of a private correctional facility upon
  669  termination of the contract. The department of Management
  670  Services may terminate the contract with cause after written
  671  notice of material deficiencies and after 60 workdays in order
  672  to correct the material deficiencies. If any event occurs that
  673  involves the noncompliance with or violation of contract terms
  674  and that presents a serious threat to the safety, health, or
  675  security of the inmates, employees, or the public, the
  676  department may temporarily assume control of the private
  677  correctional facility, with the approval of the Department of
  678  Management Services. A plan must shall also be provided by a
  679  private vendor for the purchase and temporary assumption of
  680  operations of a correctional facility by the department in the
  681  event of bankruptcy or the financial insolvency of the private
  682  vendor. The private vendor shall provide an emergency plan to
  683  address inmate disturbances, employee work stoppages, strikes,
  684  or other serious events in accordance with standards of the
  685  American Correctional Association.
  686         Section 28. Section 957.15, Florida Statutes, is amended to
  687  read:
  688         957.15 Funding of contracts for operation, maintenance, and
  689  lease-purchase of private correctional facilities.—The
  690  department shall request the for appropriation of funds to make
  691  payments pursuant to contracts entered into by the department of
  692  Management Services for the operation, maintenance, and lease
  693  purchase of the private correctional facilities authorized by
  694  this chapter shall be made by the department of Management
  695  Services in a request to the department. The department shall
  696  include such request in its budget request to the Legislature as
  697  a separately identified item and shall forward the request of
  698  the Department of Management Services without change. After an
  699  appropriation has been made by the Legislature to the department
  700  for the private correctional facilities, the department shall
  701  have no authority over such funds other than to pay from such
  702  appropriation to the appropriate private vendor such amounts as
  703  are certified for payment by the Department of Management
  704  Services.
  705         Section 29. Section 957.16, Florida Statutes, is amended to
  706  read:
  707         957.16 Expanding capacity.—The department may of Management
  708  Services is authorized to modify and execute agreements with
  709  contractors to expand up to the total capacity of contracted
  710  correctional facilities. Total capacity means the design
  711  capacity of all contracted correctional facilities increased by
  712  one-half as described under s. 944.023(1)(b). Any additional
  713  beds authorized under this section must comply with the cost
  714  saving requirements set forth in s. 957.07. Any additional beds
  715  authorized as a result of expanded capacity under this section
  716  are contingent upon specified appropriations.
  717         Section 30. Effective July 1, 2024, section 944.105,
  718  Florida Statutes, is repealed.
  719         Section 31. Effective January 1, 2025, section 944.7031,
  720  Florida Statutes, is repealed.
  721         Section 32. Effective July 1, 2024, section 944.710,
  722  Florida Statutes, is repealed.
  723         Section 33. Effective July 1, 2024, section 944.72, Florida
  724  Statutes, is repealed.
  725         Section 34. Effective July 1, 2024, section 951.062,
  726  Florida Statutes, is repealed.
  727         Section 35. Effective July 1, 2024, chapter 957, Florida
  728  Statutes, consisting of ss. 957.01, 957.02, 957.04, 957.05,
  729  957.06, 957.07, 957.08, 957.09, 957.11, 957.12, 957.13, 957.14,
  730  957.15, and 957.16, Florida Statutes, is repealed.
  731         Section 36. Upon the expiration of a contract under chapter
  732  957, Florida Statutes, all inmates housed pursuant to such
  733  contract must be returned to the custody of the Department of
  734  Corrections.
  735         Section 37. Except as otherwise expressly provided in this
  736  act and except for this section, which shall take effect upon
  737  this act becoming a law, this act shall take effect July 1,
  738  2022.