Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 7016
       
       
       
       
       
       
                                Ì855206"Î855206                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                
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       The Committee on Fiscal Policy (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 404
    4  and insert:
    5         Section 1. Subsection (3) of section 944.35, Florida
    6  Statutes, is amended to read:
    7         944.35 Authorized use of force; malicious battery and
    8  sexual misconduct prohibited; reporting required; penalties.—
    9         (3)(a)1. Any employee of the department who, with malicious
   10  intent, commits a battery upon an inmate or an offender
   11  supervised by the department in the community, commits a
   12  misdemeanor of the first degree, punishable as provided in s.
   13  775.082 or s. 775.083.
   14         2. Any employee of the department who, with malicious
   15  intent, commits a battery or inflicts cruel or inhuman treatment
   16  by neglect or otherwise, and in so doing causes great bodily
   17  harm, permanent disability, or permanent disfigurement to an
   18  inmate or an offender supervised by the department in the
   19  community, commits a felony of the third degree, punishable as
   20  provided in s. 775.082, s. 775.083, or s. 775.084.
   21         (b)1. As used in this paragraph, the term:
   22         a. “Female genitals” includes the labia minora, labia
   23  majora, clitoris, vulva, hymen, and vagina.
   24         b.“Private correctional facility” has the same meaning as
   25  in s. 944.710.
   26         c.b. “Sexual misconduct” means the oral, anal, or female
   27  genital penetration by, or union with, the sexual organ of
   28  another or the anal or female genital penetration of another by
   29  any other object, but does not include an act done for a bona
   30  fide medical purpose or an internal search conducted in the
   31  lawful performance of the employee’s duty.
   32         d.“Volunteer” means a person registered with the
   33  department or a private correctional facility who is engaged in
   34  specific voluntary service activities on an ongoing or continual
   35  basis.
   36         2. Any employee of the department or a private correctional
   37  facility or any volunteer in, or any employee of a contractor or
   38  subcontractor of, the department or a private correctional
   39  facility as defined in s. 944.710 who engages in sexual
   40  misconduct with an inmate or an offender supervised by the
   41  department in the community, without committing the crime of
   42  sexual battery, commits a felony of the third degree, punishable
   43  as provided in s. 775.082, s. 775.083, or s. 775.084.
   44         3. The consent of the inmate or offender supervised by the
   45  department in the community to any act of sexual misconduct may
   46  not be raised as a defense to a prosecution under this
   47  paragraph.
   48         4. This paragraph does not apply to any employee,
   49  volunteer, or employee of a contractor or subcontractor of the
   50  department or any employee, volunteer, or employee of a
   51  contractor or subcontractor of a private correctional facility
   52  who is legally married to an inmate or an offender supervised by
   53  the department in the community, nor does it apply to any
   54  employee, volunteer, or employee of a contractor or
   55  subcontractor who has no knowledge, and would have no reason to
   56  believe, that the person with whom the employee, volunteer, or
   57  employee of a contractor or subcontractor has engaged in sexual
   58  misconduct is an inmate or an offender under community
   59  supervision of the department.
   60         (c) Notwithstanding prosecution, any violation of the
   61  provisions of this subsection, as determined by the Public
   62  Employees Relations Commission, shall constitute sufficient
   63  cause under s. 110.227 for dismissal from employment with the
   64  department, and such person shall not again be employed in any
   65  capacity in connection with the correctional system.
   66         (d) Each employee who witnesses, or has reasonable cause to
   67  suspect, that an inmate or an offender under the supervision of
   68  the department in the community has been unlawfully abused or is
   69  the subject of sexual misconduct pursuant to this subsection
   70  shall immediately prepare, date, and sign an independent report
   71  specifically describing the nature of the force used or the
   72  nature of the sexual misconduct, the location and time of the
   73  incident, and the persons involved. The report shall be
   74  delivered to the inspector general of the department with a copy
   75  to be delivered to the warden of the institution or the regional
   76  administrator. The inspector general shall immediately conduct
   77  an appropriate investigation, and, if probable cause is
   78  determined that a violation of this subsection has occurred, the
   79  respective state attorney in the circuit in which the incident
   80  occurred shall be notified.
   81         Section 2. All powers, duties, functions, records,
   82  personnel, associated administrative support positions,
   83  property, administrative authority, and administrative rules
   84  relating to private correctional facilities are transferred by a
   85  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   86  from the Department of Management Services to the Department of
   87  Corrections. The Department of Management Services must ensure
   88  any unexpended funds or trust funds are transferred. Any binding
   89  contract or interagency agreement concerning private
   90  correctional facilities entered into and between the Department
   91  of Management Services and any other agency, entity, or person
   92  continues as a binding contract or an interagency agreement with
   93  the Department of Corrections for the remainder of the term of
   94  the contract or agreement, except for any contract or agreement
   95  entered into as a result of state appropriations from the
   96  federal Coronavirus State Fiscal Recovery Fund (Public Law 117
   97  2) for fixed capital outlay projects. The Department of
   98  Corrections assumes all rights and responsibilities of the
   99  Department of Management Services under such contract or
  100  interagency agreement as if it were the original party to the
  101  agreement, except as it pertains to the Department of Management
  102  Services’ rights with regard to action against any state
  103  contractor pursuant to law, which rights remain with the
  104  Department of Management Services. Notwithstanding the above,
  105  for any client agency agreements concerning private correctional
  106  facilities, the rights and responsibilities of the client
  107  agency, and only those rights and responsibilities, are
  108  transferred to the Department of Corrections.
  109         (2)In no way shall the transfer under this act affect any
  110  existing agreements, bonds, certificates of participation, or
  111  other instruments of indebtedness entered into by the Department
  112  of Management Services. All undertakings of the Department of
  113  Management Services in connection with the issuance of
  114  certificates of participation and the obligations to make rent
  115  payments thereunder to the Florida Correctional Finance
  116  Corporation are validated and continue to be valid and binding
  117  on the Department of Corrections in accordance with their
  118  respective terms, conditions, and covenants.
  119         Section 3. Subsection (17) of section 287.042, Florida
  120  Statutes, is amended to read:
  121         287.042 Powers, duties, and functions.—The department shall
  122  have the following powers, duties, and functions:
  123         (17)(a) To enter into contracts pursuant to chapter 957 for
  124  the designing, financing, acquiring, leasing, constructing, or
  125  operating of private correctional facilities. The department
  126  shall enter into a contract or contracts with one contractor per
  127  facility for the designing, acquiring, financing, leasing,
  128  constructing, and operating of that facility or may, if
  129  specifically authorized by the Legislature, separately contract
  130  for any such services.
  131         (b) To manage and enforce compliance with existing or
  132  future contracts entered into pursuant to chapter 957.
  133  
  134  The department may not delegate the responsibilities conferred
  135  by this subsection.
  136         Section 4. Section 394.9151, Florida Statutes, is amended
  137  to read:
  138         394.9151 Contract authority.—The Department of Children and
  139  Families may contract with a private entity or state agency for
  140  use of and operation of facilities to comply with the
  141  requirements of this act. The Department of Children and
  142  Families may also contract with the Department of Corrections
  143  Management Services to issue a request for proposals and monitor
  144  contract compliance for these services.
  145         Section 5. Section 943.13, Florida Statutes, is amended to
  146  read:
  147         943.13 Officers’ minimum qualifications for employment or
  148  appointment.—On or after October 1, 1984, any person employed or
  149  appointed as a full-time, part-time, or auxiliary law
  150  enforcement officer or correctional officer; on or after October
  151  1, 1986, any person employed as a full-time, part-time, or
  152  auxiliary correctional probation officer; and on or after
  153  October 1, 1986, any person employed as a full-time, part-time,
  154  or auxiliary correctional officer by a private entity under
  155  contract to the Department of Corrections or, to a county
  156  commission, or to the Department of Management Services shall:
  157         (1) Be at least 19 years of age, except that any person
  158  employed as a full-time, a part-time, or an auxiliary
  159  correctional officer must be at least 18 years of age.
  160         (2) Be a citizen of the United States, notwithstanding any
  161  law of the state to the contrary.
  162         (3) Be a high school graduate or its “equivalent” as the
  163  commission has defined the term by rule.
  164         (4) Not have been convicted of any felony or of a
  165  misdemeanor involving perjury or a false statement, or have
  166  received a dishonorable discharge from any of the Armed Forces
  167  of the United States. Any person who, after July 1, 1981, pleads
  168  guilty or nolo contendere to or is found guilty of any felony or
  169  of a misdemeanor involving perjury or a false statement is not
  170  eligible for employment or appointment as an officer,
  171  notwithstanding suspension of sentence or withholding of
  172  adjudication. Notwithstanding this subsection, any person who
  173  has pled nolo contendere to a misdemeanor involving a false
  174  statement, prior to December 1, 1985, and has had such record
  175  sealed or expunged shall not be deemed ineligible for employment
  176  or appointment as an officer.
  177         (5) Have documentation of his or her processed fingerprints
  178  on file with the employing agency or, if a private correctional
  179  officer, have documentation of his or her processed fingerprints
  180  on file with the Department of Corrections or the Criminal
  181  Justice Standards and Training Commission. The department shall
  182  retain and enter into the statewide automated biometric
  183  identification system authorized by s. 943.05 all fingerprints
  184  submitted to the department as required by this section.
  185  Thereafter, the fingerprints shall be available for all purposes
  186  and uses authorized for arrest fingerprints entered in the
  187  statewide automated biometric identification system pursuant to
  188  s. 943.051. The department shall search all arrest fingerprints
  189  received pursuant to s. 943.051 against the fingerprints
  190  retained in the statewide automated biometric identification
  191  system pursuant to this section and report to the employing
  192  agency any arrest records that are identified with the retained
  193  employee’s fingerprints. These fingerprints must be forwarded to
  194  the department for processing and retention.
  195         (6) Have passed a physical examination by a licensed
  196  physician, physician assistant, or licensed advanced practice
  197  registered nurse, based on specifications established by the
  198  commission. In order to be eligible for the presumption set
  199  forth in s. 112.18 while employed with an employing agency, a
  200  law enforcement officer, correctional officer, or correctional
  201  probation officer must have successfully passed the physical
  202  examination required by this subsection upon entering into
  203  service as a law enforcement officer, correctional officer, or
  204  correctional probation officer with the employing agency, which
  205  examination must have failed to reveal any evidence of
  206  tuberculosis, heart disease, or hypertension. A law enforcement
  207  officer, correctional officer, or correctional probation officer
  208  may not use a physical examination from a former employing
  209  agency for purposes of claiming the presumption set forth in s.
  210  112.18 against the current employing agency. The employing
  211  agency must maintain records of the physical examination for at
  212  least 5 years after the employee’s separation from the employing
  213  agency. If the employing agency fails to maintain the records of
  214  the physical examination for the 5-year period after the
  215  employee’s separation, it is presumed that the employee has met
  216  the requirements of this subsection.
  217         (7) Have a good moral character as determined by a
  218  background investigation under procedures established by the
  219  commission.
  220         (8) Execute and submit to the employing agency or, if a
  221  private correctional officer, submit to the appropriate
  222  governmental entity an affidavit-of-applicant form, adopted by
  223  the commission, attesting to his or her compliance with
  224  subsections (1)-(7). The affidavit shall require the applicant
  225  to disclose any pending investigation by a local, state, or
  226  federal agency or entity for criminal, civil, or administrative
  227  wrongdoing and whether the applicant separated or resigned from
  228  previous criminal justice employment while he or she was under
  229  investigation. The affidavit shall be executed under oath and
  230  constitutes an official statement within the purview of s.
  231  837.06. The affidavit shall include conspicuous language that
  232  the intentional false execution of the affidavit constitutes a
  233  misdemeanor of the second degree. The affidavit shall be
  234  retained by the employing agency.
  235         (9) Complete a commission-approved basic recruit training
  236  program for the applicable criminal justice discipline, unless
  237  exempt under this subsection. An applicant who has:
  238         (a) Completed a comparable basic recruit training program
  239  for the applicable criminal justice discipline in another state
  240  or for the Federal Government and served as a full-time sworn
  241  officer in another state or for the Federal Government for at
  242  least 1 year, provided there is no more than an 8-year break in
  243  employment, as measured from the separation date of the most
  244  recent qualifying employment to the time a complete application
  245  for an exemption under this subsection is submitted; or
  246         (b) Served in the special operations forces for a minimum
  247  of 5 years, provided there is no more than a 4-year break from
  248  the applicant’s special operations forces experience, as
  249  measured from the separation date from the special operations
  250  forces to the time a complete application for an exemption under
  251  this subsection is submitted,
  252  
  253  is exempt in accordance with s. 943.131(2) from completing the
  254  commission-approved basic recruit training program.
  255         (10) Achieve an acceptable score on the officer
  256  certification examination for the applicable criminal justice
  257  discipline.
  258         (11) Comply with the continuing training or education
  259  requirements of s. 943.135.
  260         Section 6. Subsection (4) of section 944.02, Florida
  261  Statutes, is amended, and subsection (3) of that section is
  262  republished, to read:
  263         944.02 Definitions.—The following words and phrases used in
  264  this chapter shall, unless the context clearly indicates
  265  otherwise, have the following meanings:
  266         (3) “Department” means the Department of Corrections.
  267         (4) “Elderly offender” means a prisoner age 50 or older in
  268  a state correctional institution or facility operated by the
  269  department of Corrections or the Department of Management
  270  Services.
  271         Section 7. Paragraph (b) of subsection (2) of section
  272  944.115, Florida Statutes, is amended, and paragraph (a) of that
  273  subsection is republished, to read:
  274         944.115 Smoking prohibited inside state correctional
  275  facilities.—
  276         (2) As used in this section, the term:
  277         (a) “Department” means the Department of Corrections.
  278         (b) “Employee” means an employee of the department or a
  279  private vendor in a contractual relationship with either the
  280  department of Corrections or the Department of Management
  281  Services, and includes persons such as contractors, volunteers,
  282  or law enforcement officers who are within a state correctional
  283  facility to perform a professional service.
  284         Section 8. Subsection (1) of section 944.72, Florida
  285  Statutes, is amended to read:
  286         944.72 Privately Operated Institutions Inmate Welfare Trust
  287  Fund.—
  288         (1) There is hereby created in the Department of
  289  Corrections the Privately Operated Institutions Inmate Welfare
  290  Trust Fund. The purpose of the trust fund shall be the benefit
  291  and welfare of inmates incarcerated in private correctional
  292  facilities under contract with the department pursuant to this
  293  chapter or the Department of Management Services pursuant to
  294  chapter 957. Moneys shall be deposited in the trust fund and
  295  expenditures made from the trust fund as provided in s. 945.215.
  296         Section 9. Section 944.8041, Florida Statutes, is amended
  297  to read:
  298         944.8041 Elderly offenders; annual review.—For the purpose
  299  of providing information to the Legislature on elderly offenders
  300  within the correctional system, the department and the
  301  Correctional Medical Authority shall each submit annually a
  302  report on the status and treatment of elderly offenders in the
  303  state-administered and private state correctional systems and
  304  the department’s geriatric facilities and dorms. In order to
  305  adequately prepare the reports, the department and the
  306  Department of Management Services shall grant access to the
  307  Correctional Medical Authority that includes access to the
  308  facilities, offenders, and any information the agencies require
  309  to complete their reports. The review shall also include an
  310  examination of promising geriatric policies, practices, and
  311  programs currently implemented in other correctional systems
  312  within the United States. The reports, with specific findings
  313  and recommendations for implementation, shall be submitted to
  314  the President of the Senate and the Speaker of the House of
  315  Representatives on or before December 31 of each year.
  316         Section 10. Subsection (3) of section 945.215, Florida
  317  Statutes, is amended to read:
  318         945.215 Inmate welfare and employee benefit trust funds.—
  319         (3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
  320  FUND; PRIVATE CORRECTIONAL FACILITIES.—
  321         (a) For purposes of this subsection, privately operated
  322  institutions or private correctional facilities are those
  323  correctional facilities under contract with the department
  324  pursuant to chapter 944 or the Department of Management Services
  325  pursuant to chapter 957.
  326         (b)1. The net proceeds derived from inmate canteens,
  327  vending machines used primarily by inmates, telephone
  328  commissions, and similar sources at private correctional
  329  facilities shall be deposited in the Privately Operated
  330  Institutions Inmate Welfare Trust Fund.
  331         2. Funds in the Privately Operated Institutions Inmate
  332  Welfare Trust Fund shall be expended only pursuant to
  333  legislative appropriation.
  334         (c) The department of Management Services shall annually
  335  compile a report that documents Privately Operated Institutions
  336  Inmate Welfare Trust Fund receipts and expenditures at each
  337  private correctional facility. This report must specifically
  338  identify receipt sources and expenditures. The department of
  339  Management Services shall compile this report for the prior
  340  fiscal year and shall submit the report by September 1 of each
  341  year to the chairs of the appropriate substantive and fiscal
  342  committees of the Senate and House of Representatives and to the
  343  Executive Office of the Governor.
  344         Section 11. Subsection (3) and paragraph (a) of subsection
  345  (6) of section 946.504, Florida Statutes, are amended to read:
  346         946.504 Organization of corporation to operate correctional
  347  work programs; lease of facilities.—
  348         (3) The corporation shall negotiate with the department of
  349  Management Services to reach and enter into an agreement for the
  350  lease of each correctional work program proposed by the
  351  corporation. The facilities to be leased and the amount of
  352  rental for such facilities shall be agreed upon by the
  353  department of Management Services and the corporation, with
  354  consultation with the department. The length of such lease shall
  355  be mutually agreed upon between among the department, the
  356  Department of Management Services, and the corporation; however,
  357  the initial lease may not exceed 7 years. The department shall
  358  continue to manage and operate the various correctional work
  359  programs until the lease between the department and the
  360  corporation is effective.
  361         (6)(a) Upon the effective date of each lease of each
  362  correctional work program, the department shall cause to be
  363  remitted to the corporation all funds appropriated for,
  364  associated with, or budgeted for the operation of that
  365  correctional work program, as agreed upon between among the
  366  department, the Department of Management Services, and the
  367  corporation.
  368         Section 12. Section 957.04, Florida Statutes, is amended to
  369  read:
  370         957.04 Contract requirements.—
  371         (1) A contract entered into under this chapter for the
  372  operation of private correctional facilities shall maximize the
  373  cost savings of such facilities and shall:
  374         (a) Be negotiated with the firm found most qualified.
  375  However, a contract for private correctional services may not be
  376  entered into by the department of Management Services unless the
  377  department of Management Services determines that the contractor
  378  has demonstrated that it has:
  379         1. The qualifications, experience, and management personnel
  380  necessary to carry out the terms of the contract.
  381         2. The ability to expedite the siting, design, and
  382  construction of correctional facilities.
  383         3. The ability to comply with applicable laws, court
  384  orders, and national correctional standards.
  385         (b) Indemnify the state and the department, including their
  386  officials and agents, against any and all liability, including,
  387  but not limited to, civil rights liability. Proof of
  388  satisfactory insurance is required in an amount to be determined
  389  by the department of Management Services.
  390         (c) Require that the contractor seek, obtain, and maintain
  391  accreditation by the American Correctional Association for the
  392  facility under that contract. Compliance with amendments to the
  393  accreditation standards of the association is required upon the
  394  approval of such amendments by the department commission.
  395         (d) Require that the proposed facilities and the management
  396  plans for the inmates meet applicable American Correctional
  397  Association standards and the requirements of all applicable
  398  court orders and state law.
  399         (e) Establish operations standards for correctional
  400  facilities subject to the contract. However, if the department
  401  and the contractor disagree with an operations standard, the
  402  contractor may propose to waive any rule, policy, or procedure
  403  of the department related to the operations standards of
  404  correctional facilities which is inconsistent with the mission
  405  of the contractor to establish cost-effective, privately
  406  operated correctional facilities. The department of Management
  407  Services shall be responsible for considering all proposals from
  408  the contractor to waive any rule, policy, or procedure and shall
  409  render a final decision granting or denying such request.
  410         (f) Require the contractor to be responsible for a range of
  411  dental, medical, and psychological services; diet; education;
  412  and work programs at least equal to those provided by the
  413  department in comparable facilities. The work and education
  414  programs must be designed to reduce recidivism, and include
  415  opportunities to participate in such work programs as authorized
  416  pursuant to s. 946.523.
  417         (g) Require the selection and appointment of a full-time
  418  contract monitor. The contract monitor shall be appointed and
  419  supervised by the department of Management Services. The
  420  contractor is required to reimburse the department of Management
  421  Services for the salary and expenses of the contract monitor. It
  422  is the obligation of the contractor to provide suitable office
  423  space for the contract monitor at the correctional facility. The
  424  contract monitor shall have unlimited access to the correctional
  425  facility.
  426         (h) Be for a period of 3 years and may be renewed for
  427  successive 2-year periods thereafter. However, the state is not
  428  obligated for any payments to the contractor beyond current
  429  annual appropriations.
  430         (2) Each contract entered into for the design and
  431  construction of a private correctional facility or juvenile
  432  commitment facility must include:
  433         (a) Notwithstanding any provision of chapter 255 to the
  434  contrary, a specific provision authorizing the use of tax-exempt
  435  financing through the issuance of tax-exempt bonds, certificates
  436  of participation, lease-purchase agreements, or other tax-exempt
  437  financing methods. Pursuant to s. 255.25, approval is hereby
  438  provided for the lease-purchase of up to two private
  439  correctional facilities and any other facility authorized by the
  440  General Appropriations Act.
  441         (b) A specific provision requiring the design and
  442  construction of the proposed facilities to meet the applicable
  443  standards of the American Correctional Association and the
  444  requirements of all applicable court orders and state law.
  445         (c) A specific provision requiring the contractor, and not
  446  the department of Management Services, to obtain the financing
  447  required to design and construct the private correctional
  448  facility or juvenile commitment facility built under this
  449  chapter.
  450         (d) A specific provision stating that the state is not
  451  obligated for any payments that exceed the amount of the current
  452  annual appropriation.
  453         (3)(a) Each contract for the designing, financing,
  454  acquiring, leasing, constructing, and operating of a private
  455  correctional facility shall be subject to ss. 255.2502 and
  456  255.2503.
  457         (b) Each contract for the designing, financing, acquiring,
  458  leasing, and constructing of a private juvenile commitment
  459  facility shall be subject to ss. 255.2502 and 255.2503.
  460         (4) A contract entered into under this chapter does not
  461  accord third-party beneficiary status to any inmate or juvenile
  462  offender or to any member of the general public.
  463         (5) Each contract entered into by the department of
  464  Management Services must include substantial minority
  465  participation unless demonstrated by evidence, after a good
  466  faith effort, as impractical and must also include any other
  467  requirements the department of Management Services considers
  468  necessary and appropriate for carrying out the purposes of this
  469  chapter.
  470         (6) Notwithstanding s. 253.025(9), the Board of Trustees of
  471  the Internal Improvement Trust Fund need not approve a lease
  472  purchase agreement negotiated by the department of Management
  473  Services if the department of Management Services finds that
  474  there is a need to expedite the lease-purchase.
  475         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
  476  the department of Management Services finds it to be in the best
  477  interest of timely site acquisition, it may contract without the
  478  need for competitive selection with one or more appraisers whose
  479  names are contained on the list of approved appraisers
  480  maintained by the Division of State Lands of the Department of
  481  Environmental Protection in accordance with s. 253.025(8). In
  482  those instances when the department of Management Services
  483  directly contracts for appraisal services, it shall also
  484  contract with an approved appraiser who is not employed by the
  485  same appraisal firm for review services.
  486         (b) Notwithstanding s. 253.025(8), the department of
  487  Management Services may negotiate and enter into lease-purchase
  488  agreements before an appraisal is obtained. Any such agreement
  489  must state that the final purchase price cannot exceed the
  490  maximum value allowed by law.
  491         Section 13. Subsection (2) of section 957.06, Florida
  492  Statutes, is amended to read:
  493         957.06 Powers and duties not delegable to contractor.—A
  494  contract entered into under this chapter does not authorize,
  495  allow, or imply a delegation of authority to the contractor to:
  496         (2) Choose the facility to which an inmate is initially
  497  assigned or subsequently transferred. The contractor may
  498  request, in writing, that an inmate be transferred to a facility
  499  operated by the department. The Department of Management
  500  Services, the contractor, and the department shall develop and
  501  implement a cooperative agreement for transferring inmates
  502  between a correctional facility operated by the department and a
  503  private correctional facility. The department, the Department of
  504  Management Services, and the contractor must comply with the
  505  cooperative agreement.
  506         Section 14. Section 957.07, Florida Statutes, is amended to
  507  read:
  508         957.07 Cost-saving requirements.—
  509         (1) The department of Management Services may not enter
  510  into a contract or series of contracts unless the department
  511  determines that the contract or series of contracts in total for
  512  the facility will result in a cost savings to the state of at
  513  least 7 percent over the public provision of a similar facility.
  514  Such cost savings as determined and certified by the Auditor
  515  General Department of Management Services must be based upon the
  516  actual costs associated with the construction and operation of
  517  similar facilities or services as determined by the department
  518  of Corrections and certified by the Auditor General. The
  519  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         (2) Reasonable projections of payments of any kind to the
  529  state or any political subdivision thereof for which the private
  530  entity would be liable because of its status as private rather
  531  than a public entity, including, but not limited to, corporate
  532  income and sales tax payments, shall be included as cost savings
  533  in all such determinations. In addition, the costs associated
  534  with the appointment and activities of each contract monitor
  535  shall be included in such determination.
  536         (3) In counties where the department of Corrections pays
  537  its employees a competitive area differential, the cost for the
  538  public provision of a similar correctional facility may include
  539  the competitive area differential paid by the department.
  540         (4) The department of Corrections shall provide a report
  541  detailing the state cost to design, finance, acquire, lease,
  542  construct, and operate a facility similar to the private
  543  correctional facility on a per diem basis. This report shall be
  544  provided to the Auditor General in sufficient time that it may
  545  be certified to the Department of Management Services to be
  546  included in the request for proposals.
  547         (5)(a) At the request of the Speaker of the House of
  548  Representatives or the President of the Senate, the Prison Per
  549  Diem Workgroup shall develop consensus per diem rates for use by
  550  the Legislature. The Office of Program Policy Analysis and
  551  Government Accountability and the staffs of the appropriations
  552  committees of both the Senate and the House of Representatives
  553  are the principals of the workgroup. The workgroup may consult
  554  with other experts to assist in the development of the consensus
  555  per diem rates. All meetings of the workgroup shall be open to
  556  the public as provided in chapter 286.
  557         (b) When developing the consensus per diem rates, the
  558  workgroup must:
  559         1. Use data provided by the department of Corrections from
  560  the most recent fiscal year to determine per diem costs for the
  561  following activities:
  562         a. Custody and control;
  563         b. Health services;
  564         c. Substance abuse programs; and
  565         d. Educational programs;
  566         2. Include the cost of departmental, regional,
  567  institutional, and program administration and any other fixed
  568  costs of the department;
  569         3. Calculate average per diem rates for the following
  570  offender populations: adult male, youthful offender male, and
  571  female; and
  572         4. Make per diem adjustments, as appropriate, to account
  573  for variations in size and location of correctional facilities.
  574         (c) The consensus per diem rates determined by the
  575  workgroup may be used to assist the Legislature in determining
  576  the level of funding provided to privately operated prisons to
  577  meet the 7-percent savings required of private prisons by this
  578  chapter.
  579         (d) If a private vendor chooses not to renew the contract
  580  at the appropriated level, the department of Management Services
  581  shall terminate the contract as provided in s. 957.14.
  582         Section 15. Section 957.08, Florida Statutes, is amended to
  583  read:
  584         957.08 Capacity requirements.—The department of Corrections
  585  shall transfer and assign prisoners to each private correctional
  586  facility opened pursuant to this chapter in an amount not less
  587  than 90 percent or more than 100 percent of the capacity of the
  588  facility pursuant to the contract with the Department of
  589  Management Services. The prisoners transferred by the department
  590  of Corrections shall represent a cross-section of the general
  591  inmate population, based on the grade of custody or the offense
  592  of conviction, at the most comparable facility operated by the
  593  department.
  594         Section 16. Section 957.12, Florida Statutes, is amended to
  595  read:
  596         957.12 Prohibition on contact.—A bidder or potential bidder
  597  is not permitted to have any contact with any member or employee
  598  of or consultant to the department commission regarding a
  599  request for proposal, a proposal, or the evaluation or selection
  600  process from the time a request for proposals for a private
  601  correctional facility is issued until the time a notification of
  602  intent to award is announced, except if such contact is in
  603  writing or in a meeting for which notice was provided in the
  604  Florida Administrative Register.
  605         Section 17. Section 957.14, Florida Statutes, is amended to
  606  read:
  607         957.14 Contract termination and control of a correctional
  608  facility by the department.—A detailed plan shall be provided by
  609  a private vendor under which the department shall assume
  610  temporary control of a private correctional facility upon
  611  termination of the contract. The department of Management
  612  Services may terminate the contract with cause after written
  613  notice of material deficiencies and after 60 workdays in order
  614  to correct the material deficiencies. If any event occurs that
  615  involves the noncompliance with or violation of contract terms
  616  and that presents a serious threat to the safety, health, or
  617  security of the inmates, employees, or the public, the
  618  department may temporarily assume control of the private
  619  correctional facility, with the approval of the department of
  620  Management Services. A plan shall also be provided by a private
  621  vendor for the purchase and temporary assumption of operations
  622  of a correctional facility by the department in the event of
  623  bankruptcy or the financial insolvency of the private vendor.
  624  The private vendor shall provide an emergency plan to address
  625  inmate disturbances, employee work stoppages, strikes, or other
  626  serious events in accordance with standards of the American
  627  Correctional Association.
  628         Section 18. Section 957.15, Florida Statutes, is amended to
  629  read:
  630         957.15 Funding of contracts for operation, maintenance, and
  631  lease-purchase of private correctional facilities.—The request
  632  for appropriation of funds to make payments pursuant to
  633  contracts entered into by the department of Management Services
  634  for the operation, maintenance, and lease-purchase of the
  635  private correctional facilities authorized by this chapter shall
  636  be included made by the Department of Management Services in a
  637  request to the department. The department shall include such
  638  request in its budget request to the Legislature as a separately
  639  identified item and shall forward the request of the Department
  640  of Management Services without change. After an appropriation
  641  has been made by the Legislature to the department for the
  642  private correctional facilities, the department shall have no
  643  authority over such funds other than to pay from such
  644  appropriation to the appropriate private vendor such amounts as
  645  are certified for payment by the department of Management
  646  Services.
  647         Section 19. Section 957.16, Florida Statutes, is amended to
  648  read:
  649         957.16 Expanding capacity.—The department of Management
  650  Services is authorized to modify and execute agreements with
  651  contractors to expand up to the total capacity of contracted
  652  correctional facilities. Total capacity means the design
  653  capacity of all contracted correctional facilities increased by
  654  one-half as described under s. 944.023(1)(b). Any additional
  655  beds authorized under this section must comply with the cost
  656  saving requirements set forth in s. 957.07. Any additional beds
  657  authorized as a result of expanded capacity under this section
  658  are contingent upon specified appropriations.
  659         Section 20. For the purpose of incorporating the amendment
  660  made by this act to section 944.115, Florida Statutes, in a
  661  reference thereto, paragraph (b) of subsection (2) of section
  662  944.47, Florida Statutes, is reenacted to read:
  663         944.47 Introduction, removal, or possession of contraband;
  664  penalty.—
  665         (2)
  666         (b) A violation of this section by an employee, as defined
  667  in s. 944.115(2)(b), who uses or attempts to use the powers,
  668  rights, privileges, duties, or position of his or her employment
  669  in the commission of the violation is ranked one level above the
  670  ranking specified in s. 921.0022 or s. 921.0023 for the offense
  671  committed.
  672         Section 21. This act shall take effect October 1, 2023.
  673  
  674  ================= T I T L E  A M E N D M E N T ================
  675  And the title is amended as follows:
  676         Delete lines 12 - 15
  677  and insert:
  678         providing construction; amending ss. 287.042,
  679         394.9151, 943.13, 944.02, 944.115, 944.72, 944.8041,
  680         945.215, 946.504, 957.04, 957.06, 957.07, 957.08,
  681         957.12, 957.14, 957.15, and 957.16, F.S.; conforming
  682         provisions to changes made by the act; reenacting s.
  683         944.47(2)(b), F.S., relating to the penalty for the
  684         introduction, removal, or possession of contraband, to
  685         incorporate the amendment made to s. 944.115, F.S., in
  686         a reference thereto; providing an effective date.