Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1278
       
       
       
       
       
       
                                Ì685438IÎ685438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Martin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 944.31, Florida Statutes, is amended to
    6  read:
    7         944.31 Inspector general; inspectors; power and duties.—
    8         (1) The inspector general shall be responsible for prison
    9  inspection and investigation, internal affairs investigations,
   10  and management reviews. The office of the inspector general
   11  shall be charged with the duty of inspecting the penal and
   12  correctional systems of the state.
   13         (2) The office of the inspector general shall inspect each
   14  correctional institution or any place in which state prisoners
   15  are housed, worked, or kept within the state, with reference to
   16  its physical conditions, cleanliness, sanitation, safety, and
   17  comfort; the quality and supply of all bedding; the quality,
   18  quantity, and diversity of food served and the manner in which
   19  it is served; the number and condition of the prisoners confined
   20  therein; and the general conditions of each institution.
   21         (3) The office of inspector general shall see that all the
   22  rules and regulations issued by the department are strictly
   23  observed and followed by all persons connected with the
   24  correctional systems of the state. The office of the inspector
   25  general shall coordinate and supervise the work of inspectors
   26  throughout the state.
   27         (4) The inspector general and inspectors may enter any
   28  place where prisoners in this state are kept and shall be
   29  immediately admitted to such place as they desire and may
   30  consult and confer with any prisoner privately and without
   31  molestation.
   32         (5)(a) The inspector general and inspectors shall be
   33  responsible for criminal and administrative investigation of
   34  matters relating to the Department of Corrections.
   35         (b) The secretary may designate persons within the office
   36  of the inspector general as law enforcement officers to conduct
   37  any criminal investigation that occurs on property owned or
   38  leased by the department or involves matters over which the
   39  department has jurisdiction. All criminal investigations,
   40  involving matters over which the department has jurisdiction at
   41  contractor-operated correctional facilities, as defined in s.
   42  944.710, may be conducted by the law enforcement officers of the
   43  office of the inspector general.
   44         (c) A person designated as a law enforcement officer must
   45  be certified pursuant to s. 943.1395 and must have a minimum of
   46  3 years’ experience as an inspector in the inspector general’s
   47  office or as a law enforcement officer.
   48         (d) The department shall maintain a memorandum of
   49  understanding with the Department of Law Enforcement for the
   50  notification and investigation of mutually agreed-upon predicate
   51  events that shall include, but are not limited to, suspicious
   52  deaths and organized criminal activity.
   53         (e) During investigations, the inspector general and
   54  inspectors may consult and confer with any prisoner or staff
   55  member privately and without molestation and persons designated
   56  as law enforcement officers under this section shall have the
   57  authority to arrest, with or without a warrant, any prisoner of
   58  or visitor to a state correctional institution for a violation
   59  of the criminal laws of the state. Law enforcement officers
   60  under this section shall have the authority to arrest, with or
   61  without a warrant, any prisoner of or visitor to any state
   62  correctional institution, as defined in s. 944.02, including all
   63  contractor-operated correctional facilities, for any violation
   64  of the criminal laws of the state involving matters over which
   65  the department has jurisdiction, involving an offense classified
   66  as a felony that occurs on property owned or leased by the
   67  department and may arrest offenders who have escaped or
   68  absconded from custody.
   69         (f) Persons designated as law enforcement officers have the
   70  authority to arrest with or without a warrant a staff member of
   71  the department, including any contract employee, subcontractor,
   72  or volunteer, for a violation of the criminal laws of the state
   73  that occurs involving an offense classified as a felony under
   74  this chapter or chapter 893 on property owned or leased by the
   75  department, or any contractor-operated correctional facility
   76  staff member, contract employee, subcontractor, or volunteer,
   77  for a violation of the criminal laws of the state involving
   78  matters over which the department has jurisdiction at any
   79  contractor-operated correctional facility. A person designated
   80  as a law enforcement officer under this section may make arrests
   81  of persons against whom arrest warrants have been issued,
   82  including arrests of offenders who have escaped or absconded
   83  from custody. The arrested person shall be surrendered without
   84  delay to the sheriff of the county in which the arrest is made,
   85  with a formal complaint subsequently made against her or him in
   86  accordance with law.
   87         Section 2. Section 944.710, Florida Statutes, is amended to
   88  read:
   89         944.710 Definitions of terms relating to contractor
   90  operated private operation of state correctional facilities and
   91  s. 944.105.—As used with respect to contractor-operated private
   92  operation of state correctional facilities and s. 944.105, the
   93  term:
   94         (1) “Bidder” means any individual, partnership,
   95  corporation, or unincorporated association that submits a
   96  proposal with the department to construct, lease, or operate a
   97  contractor-operated private correctional facility.
   98         (2) “Department” means the Department of Corrections.
   99         (4)(3) “Contractor-operated private correctional facility”
  100  means any facility, which is not operated by the department, for
  101  the incarceration of adults or juveniles who have been sentenced
  102  by a court and committed to the custody of the department.
  103         (3)(4) “Contractor-employed Private correctional officer”
  104  means any full-time or part-time employee of a private vendor
  105  whose primary responsibility is the supervision, protection,
  106  care, and control of prisoners within a contractor-operated
  107  private correctional facility.
  108         (5) “Private vendor” means any individual, partnership,
  109  corporation, or unincorporated association bound by contract
  110  with the department to construct, lease, or operate a
  111  contractor-operated private correctional facility.
  112         Section 3. Subsections (1), (2), and (3) of section 957.04,
  113  Florida Statutes, are amended to read:
  114         957.04 Contract requirements.—
  115         (1) A contract entered into under this chapter for the
  116  operation of contractor-operated private correctional facilities
  117  shall maximize the cost savings of such facilities and shall:
  118         (a) Unless otherwise specified herein, is not exempt from
  119  chapter 287, including the competitive solicitation requirements
  120  thereof. However, to the extent of a direct conflict between
  121  this chapter and chapter 287, this chapter shall control.
  122  Contracts entered into under this chapter for the operation of
  123  contractor-operated correctional facilities are not considered
  124  to be outsourced as defined in s. 287.012. The specific
  125  outsourcing requirements in s. 287.0571 are not required under
  126  this section.
  127         (b)(a) Be executed negotiated with the contractor firm
  128  found most qualified. However, a contract for contractor
  129  operated private correctional services may not be entered into
  130  by the department unless the department determines that the
  131  contractor has demonstrated that it has:
  132         1. The qualifications, experience, and management personnel
  133  necessary to carry out the terms of the contract.
  134         2. The ability to expedite the siting, design, and
  135  construction of correctional facilities.
  136         3. The ability to comply with applicable laws, court
  137  orders, and national correctional standards.
  138         (c)(b) Indemnify the state and the department, including
  139  their officials and agents, against any and all liability,
  140  including, but not limited to, civil rights liability. Proof of
  141  satisfactory insurance is required in an amount to be determined
  142  by the department.
  143         (d)(c) Require that the contractor seek, obtain, and
  144  maintain accreditation by the American Correctional Association
  145  for the facility under that contract. Compliance with amendments
  146  to the accreditation standards of the association is required
  147  upon the approval of such amendments by the department.
  148         (e)(d) Require that the proposed facilities and the
  149  management plans for the inmates meet applicable American
  150  Correctional Association standards and the requirements of all
  151  applicable court orders and state law.
  152         (f)(e) Establish operations standards for correctional
  153  facilities subject to the contract. However, if the department
  154  and the contractor disagree with an operations standard, the
  155  contractor may propose to waive any rule, policy, or procedure
  156  of the department related to the operations standards of
  157  correctional facilities which is inconsistent with the mission
  158  of the contractor to establish cost-effective, contractor
  159  operated privately operated correctional facilities. The
  160  department shall be responsible for considering all requests
  161  proposals from the contractor to waive any rule, policy, or
  162  procedure and shall render a final decision granting or denying
  163  such request.
  164         (g)(f) Require the contractor to be responsible for a range
  165  of dental, medical, and psychological services; diet; education;
  166  and work programs at least equal to those provided by the
  167  department in comparable facilities. The work and education
  168  programs must be designed to reduce recidivism, and include
  169  opportunities to participate in such work programs as authorized
  170  pursuant to s. 946.523.
  171         (h)(g) Require the selection and appointment of a full-time
  172  contract monitor. The contract monitor shall be appointed and
  173  supervised by the department. The contractor is required to
  174  reimburse the department for the salary and expenses of the
  175  contract monitor. It is the obligation of the contractor to
  176  provide suitable office space for the contract monitor at the
  177  correctional facility. The contract monitor shall have unlimited
  178  access to the correctional facility.
  179         (i)(h) Be for a period of 3 years and may be renewed for
  180  successive 2-year periods thereafter. However, the state is not
  181  obligated for any payments to the contractor beyond current
  182  annual appropriations.
  183         (2) Each contract entered into for the design and
  184  construction of a contractor-operated private correctional
  185  facility or juvenile commitment facility must include:
  186         (a) Notwithstanding any provision of chapter 255 to the
  187  contrary, a specific provision authorizing the use of tax-exempt
  188  financing through the issuance of tax-exempt bonds, certificates
  189  of participation, lease-purchase agreements, or other tax-exempt
  190  financing methods. Pursuant to s. 255.25, approval is hereby
  191  provided for the lease-purchase of up to two contractor-operated
  192  private correctional facilities and any other facility
  193  authorized by the General Appropriations Act.
  194         (b) A specific provision requiring the design and
  195  construction of the proposed facilities to meet the applicable
  196  standards of the American Correctional Association and the
  197  requirements of all applicable court orders and state law.
  198         (c) A specific provision requiring the contractor, and not
  199  the department, to obtain the financing required to design and
  200  construct the contractor-operated private correctional facility
  201  or juvenile commitment facility built under this chapter.
  202         (d) A specific provision stating that the state is not
  203  obligated for any payments that exceed the amount of the current
  204  annual appropriation.
  205         (3)(a) Each contract for the designing, financing,
  206  acquiring, leasing, constructing, and operating of a contractor
  207  operated private correctional facility shall be subject to ss.
  208  255.2502 and 255.2503.
  209         (b) Each contract for the designing, financing, acquiring,
  210  leasing, and constructing of a contractor-operated private
  211  juvenile commitment facility shall be subject to ss. 255.2502
  212  and 255.2503.
  213         Section 4. Subsections (4) and (5) of section 957.07,
  214  Florida Statutes, are amended to read:
  215         957.07 Cost-saving requirements.—
  216         (4) The department shall provide a report detailing the
  217  state cost to design, finance, acquire, lease, construct, and
  218  operate a facility similar to the contractor-operated private
  219  correctional facility on a per diem basis. This report shall be
  220  provided to the Auditor General in sufficient time that it may
  221  be certified to be included in the competitive solicitation
  222  request for proposals.
  223         (5)(a) At the request of the Speaker of the House of
  224  Representatives or the President of the Senate, the Prison Per
  225  Diem Workgroup shall develop consensus per diem rates for use by
  226  the Legislature. The Office of Program Policy Analysis and
  227  Government Accountability and the staffs of the appropriations
  228  committees of both the Senate and the House of Representatives
  229  are the principals of the workgroup. The workgroup may consult
  230  with other experts to assist in the development of the consensus
  231  per diem rates. All meetings of the workgroup shall be open to
  232  the public as provided in chapter 286.
  233         (b) When developing the consensus per diem rates, the
  234  workgroup must:
  235         1. Use data provided by the department from the most recent
  236  fiscal year to determine per diem costs for the following
  237  activities:
  238         a. Custody and control;
  239         b. Health services;
  240         c. Substance abuse programs; and
  241         d. Educational programs;
  242         2. Include the cost of departmental, regional,
  243  institutional, and program administration and any other fixed
  244  costs of the department;
  245         3. Calculate average per diem rates for the following
  246  offender populations: adult male, youthful offender male, and
  247  female; and
  248         4. Make per diem adjustments, as appropriate, to account
  249  for variations in size and location of correctional facilities.
  250         (c) The consensus per diem rates determined by the
  251  workgroup may be used to assist the Legislature in determining
  252  the level of funding provided to privately operated prisons to
  253  meet the 7-percent savings required of private prisons by this
  254  chapter.
  255         (d) If a private vendor chooses not to renew the contract
  256  at the appropriated level, the department shall terminate the
  257  contract as provided in s. 957.14.
  258         Section 5. Section 957.12, Florida Statutes, is amended to
  259  read:
  260         957.12 Prohibition on contact.—Except in writing to the
  261  procurement office or as provided in the solicitation documents,
  262  a bidder or potential bidder is not permitted to have any
  263  contact with any member or employee of or consultant to the
  264  department regarding a competitive solicitation request for
  265  proposal, a proposal, or the evaluation or selection process
  266  from the time a request for proposals for a contractor-operated
  267  private correctional facility is issued until the time a
  268  notification of intent to award is announced, except if such
  269  contact is in writing or in a meeting for which notice was
  270  provided in the Florida Administrative Register.
  271         Section 6. Section 957.15, Florida Statutes, is amended to
  272  read:
  273         957.15 Funding of contracts for operation, maintenance, and
  274  lease-purchase of contractor-operated private correctional
  275  facilities.—The request for appropriation of funds to make
  276  payments pursuant to contracts entered into by the department
  277  for the operation, maintenance, and lease-purchase of the
  278  contractor-operated private correctional facilities authorized
  279  by this chapter shall be included in its budget request to the
  280  Legislature as a separately identified item. After an
  281  appropriation has been made by the Legislature to the department
  282  for the private correctional facilities, the department shall
  283  have no authority over such funds other than to pay from such
  284  appropriation to the appropriate private vendor such amounts as
  285  are certified for payment by the department.
  286         Section 7. Paragraph (a) of subsection (2) of section
  287  330.41, Florida Statutes, is amended to read:
  288         330.41 Unmanned Aircraft Systems Act.—
  289         (2) DEFINITIONS.—As used in this act, the term:
  290         (a) “Critical infrastructure facility” means any of the
  291  following, if completely enclosed by a fence or other physical
  292  barrier that is obviously designed to exclude intruders, or if
  293  clearly marked with a sign or signs which indicate that entry is
  294  forbidden and which are posted on the property in a manner
  295  reasonably likely to come to the attention of intruders:
  296         1. A power generation or transmission facility, substation,
  297  switching station, or electrical control center.
  298         2. A chemical or rubber manufacturing or storage facility.
  299         3. A water intake structure, water treatment facility,
  300  wastewater treatment plant, or pump station.
  301         4. A mining facility.
  302         5. A natural gas or compressed gas compressor station,
  303  storage facility, or natural gas or compressed gas pipeline.
  304         6. A liquid natural gas or propane gas terminal or storage
  305  facility.
  306         7. Any portion of an aboveground oil or gas pipeline.
  307         8. A refinery.
  308         9. A gas processing plant, including a plant used in the
  309  processing, treatment, or fractionation of natural gas.
  310         10. A wireless communications facility, including the
  311  tower, antennae, support structures, and all associated ground
  312  based equipment.
  313         11. A seaport as listed in s. 311.09(1), which need not be
  314  completely enclosed by a fence or other physical barrier and
  315  need not be marked with a sign or signs indicating that entry is
  316  forbidden.
  317         12. An inland port or other facility or group of facilities
  318  serving as a point of intermodal transfer of freight in a
  319  specific area physically separated from a seaport.
  320         13. An airport as defined in s. 330.27.
  321         14. A spaceport territory as defined in s. 331.303(18).
  322         15. A military installation as defined in 10 U.S.C. s.
  323  2801(c)(4) and an armory as defined in s. 250.01.
  324         16. A dam as defined in s. 373.403(1) or other structures,
  325  such as locks, floodgates, or dikes, which are designed to
  326  maintain or control the level of navigable waterways.
  327         17. A state correctional institution as defined in s.
  328  944.02 or a contractor-operated private correctional facility
  329  authorized under chapter 957.
  330         18. A secure detention center or facility as defined in s.
  331  985.03, or a nonsecure residential facility, a high-risk
  332  residential facility, or a maximum-risk residential facility as
  333  those terms are described in s. 985.03(44).
  334         19. A county detention facility as defined in s. 951.23.
  335         20. A critical infrastructure facility as defined in s.
  336  692.201.
  337         Section 8. Paragraph (b) of subsection (3) of section
  338  553.865, Florida Statutes, is amended to read:
  339         553.865 Private spaces.—
  340         (3) As used in this section, the term:
  341         (b) “Correctional institution” means any state correctional
  342  institution as defined in s. 944.02 or contractor-operated
  343  private correctional facility as defined in s. 944.710.
  344         Section 9. Paragraph (e) of subsection (1) of section
  345  633.218, Florida Statutes, is amended to read:
  346         633.218 Inspections of state buildings and premises; tests
  347  of firesafety equipment; building plans to be approved.—
  348         (1)
  349         (e) For purposes of this section:
  350         1.a. The term “high-hazard occupancy” means any building or
  351  structure:
  352         (I) That contains combustible or explosive matter or
  353  flammable conditions dangerous to the safety of life or
  354  property;
  355         (II) At which persons receive educational instruction;
  356         (III) At which persons reside, excluding private dwellings;
  357  or
  358         (IV) Containing three or more floor levels.
  359         b. As used in this subparagraph, the phrase “building or
  360  structure”:
  361         (I) Includes, but is not limited to, all hospitals and
  362  residential health care facilities, nursing homes and other
  363  adult care facilities, correctional or detention facilities,
  364  public schools, public lodging establishments, migrant labor
  365  camps, residential child care facilities, and self-service
  366  gasoline stations.
  367         (II) Does not include any residential condominium where the
  368  declaration of condominium or the bylaws provide that the rental
  369  of units shall not be permitted for less than 90 days.
  370         2. The term “state-owned building” includes contractor
  371  operated private correctional facilities as defined under s.
  372  944.710 s. 944.710(3).
  373         Section 10. Paragraph (e) of subsection (2), paragraphs (b)
  374  and (e) of subsection (6), and paragraph (g) of subsection (10)
  375  of section 775.21, Florida Statutes, are amended to read:
  376         775.21 The Florida Sexual Predators Act.—
  377         (2) DEFINITIONS.—As used in this section, the term:
  378         (e) “Conviction” means a determination of guilt which is
  379  the result of a trial or the entry of a plea of guilty or nolo
  380  contendere, regardless of whether adjudication is withheld. A
  381  conviction for a similar offense includes, but is not limited
  382  to, a conviction by a federal or military tribunal, including
  383  courts-martial conducted by the Armed Forces of the United
  384  States, and includes a conviction or entry of a plea of guilty
  385  or nolo contendere resulting in a sanction in any state of the
  386  United States or other jurisdiction. A sanction includes, but is
  387  not limited to, a fine, probation, community control, parole,
  388  conditional release, control release, or incarceration in a
  389  state prison, federal prison, contractor-operated private
  390  correctional facility, or local detention facility.
  391         (6) REGISTRATION.—
  392         (b) If the sexual predator is in the custody or control of,
  393  or under the supervision of, the Department of Corrections, or
  394  is in the custody of a contractor-operated private correctional
  395  facility, the sexual predator shall register with the Department
  396  of Corrections. A sexual predator who is under the supervision
  397  of the Department of Corrections but who is not incarcerated
  398  shall register with the Department of Corrections within 3
  399  business days after the court finds the offender to be a sexual
  400  predator. The Department of Corrections shall provide to the
  401  department registration information and the location of, and
  402  local telephone number for, any Department of Corrections office
  403  that is responsible for supervising the sexual predator. In
  404  addition, the Department of Corrections shall notify the
  405  department if the sexual predator escapes or absconds from
  406  custody or supervision or if the sexual predator dies.
  407         (e)1. If the sexual predator is not in the custody or
  408  control of, or under the supervision of, the Department of
  409  Corrections or is not in the custody of a contractor-operated
  410  private correctional facility, the sexual predator shall
  411  register in person:
  412         a. At the sheriff’s office in the county where he or she
  413  establishes or maintains a residence within 48 hours after
  414  establishing or maintaining a residence in this state; and
  415         b. At the sheriff’s office in the county where he or she
  416  was designated a sexual predator by the court within 48 hours
  417  after such finding is made.
  418         2. Any change that occurs after the sexual predator
  419  registers in person at the sheriff’s office as provided in
  420  subparagraph 1. in any of the following information related to
  421  the sexual predator must be reported as provided in paragraphs
  422  (g), (i), and (j): permanent, temporary, or transient residence;
  423  name; vehicles owned; electronic mail addresses; Internet
  424  identifiers and each Internet identifier’s corresponding website
  425  homepage or application software name; home and cellular
  426  telephone numbers; employment information; and change in status
  427  at an institution of higher education. When a sexual predator
  428  registers with the sheriff’s office, the sheriff shall take a
  429  photograph, a set of fingerprints, and palm prints of the
  430  predator and forward the photographs, palm prints, and
  431  fingerprints to the department, along with the information that
  432  the predator is required to provide pursuant to this section.
  433         (10) PENALTIES.—
  434         (g) Any person who has reason to believe that a sexual
  435  predator is not complying, or has not complied, with the
  436  requirements of this section and who, with the intent to assist
  437  the sexual predator in eluding a law enforcement agency that is
  438  seeking to find the sexual predator to question the sexual
  439  predator about, or to arrest the sexual predator for, his or her
  440  noncompliance with the requirements of this section:
  441         1. Withholds information from, or does not notify, the law
  442  enforcement agency about the sexual predator’s noncompliance
  443  with the requirements of this section, and, if known, the
  444  whereabouts of the sexual predator;
  445         2. Harbors, or attempts to harbor, or assists another
  446  person in harboring or attempting to harbor, the sexual
  447  predator;
  448         3. Conceals or attempts to conceal, or assists another
  449  person in concealing or attempting to conceal, the sexual
  450  predator; or
  451         4. Provides information to the law enforcement agency
  452  regarding the sexual predator which the person knows to be false
  453  information,
  454  
  455  commits a felony of the third degree, punishable as provided in
  456  s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
  457  apply if the sexual predator is incarcerated in or is in the
  458  custody of a state correctional facility, a contractor-operated
  459  private correctional facility, a local jail, or a federal
  460  correctional facility.
  461         Section 11. Paragraph (a) of subsection (3) and paragraph
  462  (a) of subsection (4) of section 775.261, Florida Statutes, are
  463  amended to read:
  464         775.261 The Florida Career Offender Registration Act.—
  465         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  466         (a) A career offender released on or after July 1, 2002,
  467  from a sanction imposed in this state must register as required
  468  under subsection (4) and is subject to community and public
  469  notification as provided under subsection (5). For purposes of
  470  this section, a sanction imposed in this state includes, but is
  471  not limited to, a fine, probation, community control, parole,
  472  conditional release, control release, or incarceration in a
  473  state prison, contractor-operated private correctional facility,
  474  or local detention facility, and:
  475         1. The career offender has not received a pardon for any
  476  felony or other qualified offense that is necessary for the
  477  operation of this paragraph; or
  478         2. A conviction of a felony or other qualified offense
  479  necessary to the operation of this paragraph has not been set
  480  aside in any postconviction proceeding.
  481         (4) REGISTRATION.—
  482         (a) A career offender must register with the department by
  483  providing the following information to the department, or to the
  484  sheriff’s office in the county in which the career offender
  485  establishes or maintains a permanent or temporary residence,
  486  within 2 working days after establishing permanent or temporary
  487  residence in this state or within 2 working days after being
  488  released from the custody, control, or supervision of the
  489  Department of Corrections or from the custody of a contractor
  490  operated private correctional facility:
  491         1. Name, social security number, age, race, gender, date of
  492  birth, height, weight, hair and eye color, photograph, address
  493  of legal residence and address of any current temporary
  494  residence within the state or out of state, including a rural
  495  route address or a post office box, date and place of any
  496  employment, date and place of each conviction, fingerprints, and
  497  a brief description of the crime or crimes committed by the
  498  career offender. A career offender may not provide a post office
  499  box in lieu of a physical residential address. If the career
  500  offender’s place of residence is a motor vehicle, trailer,
  501  mobile home, or manufactured home, as defined in chapter 320,
  502  the career offender shall also provide to the department written
  503  notice of the vehicle identification number; the license tag
  504  number; the registration number; and a description, including
  505  color scheme, of the motor vehicle, trailer, mobile home, or
  506  manufactured home. If a career offender’s place of residence is
  507  a vessel, live-aboard vessel, or houseboat, as defined in
  508  chapter 327, the career offender shall also provide to the
  509  department written notice of the hull identification number; the
  510  manufacturer’s serial number; the name of the vessel, live
  511  aboard vessel, or houseboat; the registration number; and a
  512  description, including color scheme, of the vessel, live-aboard
  513  vessel, or houseboat.
  514         2. Any other information determined necessary by the
  515  department, including criminal and corrections records;
  516  nonprivileged personnel and treatment records; and evidentiary
  517  genetic markers when available.
  518         Section 12. Subsection (1) of section 784.078, Florida
  519  Statutes, is amended to read:
  520         784.078 Battery of facility employee by throwing, tossing,
  521  or expelling certain fluids or materials.—
  522         (1) As used in this section, the term “facility” means a
  523  state correctional institution defined in s. 944.02(8); a
  524  contractor-operated private correctional facility defined in s.
  525  944.710 or under chapter 957; a county, municipal, or regional
  526  jail or other detention facility of local government under
  527  chapter 950 or chapter 951; or a secure facility operated and
  528  maintained by the Department of Corrections or the Department of
  529  Juvenile Justice.
  530         Section 13. Subsection (1) of section 800.09, Florida
  531  Statutes, is amended to read:
  532         800.09 Lewd or lascivious exhibition in the presence of an
  533  employee.—
  534         (1) As used in this section, the term:
  535         (a) “Employee” means:
  536         1. Any person employed by or performing contractual
  537  services for a public or private entity operating a state
  538  correctional institution or contractor-operated private
  539  correctional facility;
  540         2. Any person employed by or performing contractual
  541  services for the corporation operating the prison industry
  542  enhancement programs or the correctional work programs under
  543  part II of chapter 946;
  544         3. Any person who is a parole examiner with the Florida
  545  Commission on Offender Review; or
  546         4. Any person employed at or performing contractual
  547  services for a county detention facility.
  548         (b) “Facility” means a state correctional institution as
  549  defined in s. 944.02, a contractor-operated private correctional
  550  facility as defined in s. 944.710, or a county detention
  551  facility as defined in s. 951.23.
  552         Section 14. Paragraphs (b) and (h) of subsection (1) and
  553  paragraph (a) of subsection (2) of section 943.0435, Florida
  554  Statutes, are amended to read:
  555         943.0435 Sexual offenders required to register with the
  556  department; penalty.—
  557         (1) As used in this section, the term:
  558         (b) “Convicted” means that there has been a determination
  559  of guilt as a result of a trial or the entry of a plea of guilty
  560  or nolo contendere, regardless of whether adjudication is
  561  withheld, and includes an adjudication of delinquency of a
  562  juvenile as specified in this section. Conviction of a similar
  563  offense includes, but is not limited to, a conviction by a
  564  federal or military tribunal, including courts-martial conducted
  565  by the Armed Forces of the United States, and includes a
  566  conviction or entry of a plea of guilty or nolo contendere
  567  resulting in a sanction in any state of the United States or
  568  other jurisdiction. A sanction includes, but is not limited to,
  569  a fine, probation, community control, parole, conditional
  570  release, control release, or incarceration in a state prison,
  571  federal prison, contractor-operated private correctional
  572  facility, or local detention facility.
  573         (h)1. “Sexual offender” means a person who meets the
  574  criteria in sub-subparagraph a., sub-subparagraph b., sub
  575  subparagraph c., or sub-subparagraph d., as follows:
  576         a.(I) Has been convicted of committing, or attempting,
  577  soliciting, or conspiring to commit, any of the criminal
  578  offenses proscribed in the following statutes in this state or
  579  similar offenses in another jurisdiction: s. 393.135(2); s.
  580  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  581  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  582  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  583  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  584  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  585  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  586  s. 895.03, if the court makes a written finding that the
  587  racketeering activity involved at least one sexual offense
  588  listed in this sub-sub-subparagraph or at least one offense
  589  listed in this sub-sub-subparagraph with sexual intent or
  590  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  591  committed in this state which has been redesignated from a
  592  former statute number to one of those listed in this sub-sub
  593  subparagraph; and
  594         (II) Has been released on or after October 1, 1997, from a
  595  sanction imposed for any conviction of an offense described in
  596  sub-sub-subparagraph (I) and does not otherwise meet the
  597  criteria for registration as a sexual offender under chapter 944
  598  or chapter 985. For purposes of this sub-sub-subparagraph, a
  599  sanction imposed in this state or in any other jurisdiction
  600  means probation, community control, parole, conditional release,
  601  control release, or incarceration in a state prison, federal
  602  prison, contractor-operated private correctional facility, or
  603  local detention facility. If no sanction is imposed, the person
  604  is deemed to be released upon conviction;
  605         b. Establishes or maintains a residence in this state and
  606  who has not been designated as a sexual predator by a court of
  607  this state but who has been designated as a sexual predator, as
  608  a sexually violent predator, or by another sexual offender
  609  designation in another state or jurisdiction and was, as a
  610  result of such designation, subjected to registration or
  611  community or public notification, or both, or would be if the
  612  person were a resident of that state or jurisdiction, without
  613  regard to whether the person otherwise meets the criteria for
  614  registration as a sexual offender;
  615         c. Establishes or maintains a residence in this state who
  616  is in the custody or control of, or under the supervision of,
  617  any other state or jurisdiction as a result of a conviction for
  618  committing, or attempting, soliciting, or conspiring to commit,
  619  any of the criminal offenses proscribed in the following
  620  statutes or similar offense in another jurisdiction: s.
  621  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  622  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  623  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  624  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  625  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  626  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  627  s. 847.0145; s. 895.03, if the court makes a written finding
  628  that the racketeering activity involved at least one sexual
  629  offense listed in this sub-subparagraph or at least one offense
  630  listed in this sub-subparagraph with sexual intent or motive; s.
  631  916.1075(2); or s. 985.701(1); or any similar offense committed
  632  in this state which has been redesignated from a former statute
  633  number to one of those listed in this sub-subparagraph; or
  634         d. On or after July 1, 2007, has been adjudicated
  635  delinquent for committing, or attempting, soliciting, or
  636  conspiring to commit, any of the criminal offenses proscribed in
  637  the following statutes in this state or similar offenses in
  638  another jurisdiction when the juvenile was 14 years of age or
  639  older at the time of the offense:
  640         (I) Section 794.011, excluding s. 794.011(10);
  641         (II) Section 800.04(4)(a)2. where the victim is under 12
  642  years of age or where the court finds sexual activity by the use
  643  of force or coercion;
  644         (III) Section 800.04(5)(c)1. where the court finds
  645  molestation involving unclothed genitals;
  646         (IV) Section 800.04(5)(d) where the court finds the use of
  647  force or coercion and unclothed genitals; or
  648         (V) Any similar offense committed in this state which has
  649  been redesignated from a former statute number to one of those
  650  listed in this sub-subparagraph.
  651         2. For all qualifying offenses listed in sub-subparagraph
  652  1.d., the court shall make a written finding of the age of the
  653  offender at the time of the offense.
  654  
  655  For each violation of a qualifying offense listed in this
  656  subsection, except for a violation of s. 794.011, the court
  657  shall make a written finding of the age of the victim at the
  658  time of the offense. For a violation of s. 800.04(4), the court
  659  shall also make a written finding indicating whether the offense
  660  involved sexual activity and indicating whether the offense
  661  involved force or coercion. For a violation of s. 800.04(5), the
  662  court shall also make a written finding that the offense did or
  663  did not involve unclothed genitals or genital area and that the
  664  offense did or did not involve the use of force or coercion.
  665         (2) Upon initial registration, a sexual offender shall:
  666         (a) Report in person at the sheriff’s office:
  667         1. In the county in which the offender establishes or
  668  maintains a permanent, temporary, or transient residence within
  669  48 hours after:
  670         a. Establishing permanent, temporary, or transient
  671  residence in this state; or
  672         b. Being released from the custody, control, or supervision
  673  of the Department of Corrections or from the custody of a
  674  contractor-operated private correctional facility; or
  675         2. In the county where he or she was convicted within 48
  676  hours after being convicted for a qualifying offense for
  677  registration under this section if the offender is not in the
  678  custody or control of, or under the supervision of, the
  679  Department of Corrections, or is not in the custody of a
  680  contractor-operated private correctional facility.
  681  
  682  Any change in the information required to be provided pursuant
  683  to paragraph (b), including, but not limited to, any change in
  684  the sexual offender’s permanent, temporary, or transient
  685  residence; name; electronic mail addresses; Internet identifiers
  686  and each Internet identifier’s corresponding website homepage or
  687  application software name; home telephone numbers and cellular
  688  telephone numbers; employment information; and any change in
  689  status at an institution of higher education after the sexual
  690  offender reports in person at the sheriff’s office must be
  691  reported in the manner provided in subsections (4), (7), and
  692  (8).
  693  
  694  When a sexual offender reports at the sheriff’s office, the
  695  sheriff shall take a photograph, a set of fingerprints, and palm
  696  prints of the offender and forward the photographs, palm prints,
  697  and fingerprints to the department, along with the information
  698  provided by the sexual offender. The sheriff shall promptly
  699  provide to the department the information received from the
  700  sexual offender.
  701         Section 15. Subsections (5) and (8) of section 943.13,
  702  Florida Statutes, are amended to read:
  703         943.13 Officers’ minimum qualifications for employment or
  704  appointment.—On or after October 1, 1984, any person employed or
  705  appointed as a full-time, part-time, or auxiliary law
  706  enforcement officer or correctional officer; on or after October
  707  1, 1986, any person employed as a full-time, part-time, or
  708  auxiliary correctional probation officer; and on or after
  709  October 1, 1986, any person employed as a full-time, part-time,
  710  or auxiliary correctional officer by a private entity under
  711  contract to the Department of Corrections or to a county
  712  commission shall:
  713         (5) Have documentation of his or her processed fingerprints
  714  on file with the employing agency or, if a contractor-employed
  715  private correctional officer, have documentation of his or her
  716  processed fingerprints on file with the Department of
  717  Corrections or the Criminal Justice Standards and Training
  718  Commission. The department shall retain and enter into the
  719  statewide automated biometric identification system authorized
  720  by s. 943.05 all fingerprints submitted to the department as
  721  required by this section. Thereafter, the fingerprints shall be
  722  available for all purposes and uses authorized for arrest
  723  fingerprints entered in the statewide automated biometric
  724  identification system pursuant to s. 943.051. The department
  725  shall search all arrest fingerprints received pursuant to s.
  726  943.051 against the fingerprints retained in the statewide
  727  automated biometric identification system pursuant to this
  728  section and report to the employing agency any arrest records
  729  that are identified with the retained employee’s fingerprints.
  730  These fingerprints must be forwarded to the department for
  731  processing and retention.
  732         (8) Execute and submit to the employing agency or, if a
  733  contractor-employed private correctional officer, submit to the
  734  appropriate governmental entity an affidavit-of-applicant form,
  735  adopted by the commission, attesting to his or her compliance
  736  with subsections (1)-(7). The affidavit shall require the
  737  applicant to disclose any pending investigation by a local,
  738  state, or federal agency or entity for criminal, civil, or
  739  administrative wrongdoing and whether the applicant separated or
  740  resigned from previous criminal justice employment while he or
  741  she was under investigation. The affidavit shall be executed
  742  under oath and constitutes an official statement within the
  743  purview of s. 837.06. The affidavit shall include conspicuous
  744  language that the intentional false execution of the affidavit
  745  constitutes a misdemeanor of the second degree. The affidavit
  746  shall be retained by the employing agency.
  747         Section 16. Paragraph (g) of subsection (2) of section
  748  943.325, Florida Statutes, is amended to read:
  749         943.325 DNA database.—
  750         (2) DEFINITIONS.—As used in this section, the term:
  751         (g) “Qualifying offender” means any person, including
  752  juveniles and adults, who is:
  753         1.a. Committed to a county jail;
  754         b. Committed to or under the supervision of the Department
  755  of Corrections, including persons incarcerated in a contractor
  756  operated private correctional institution operated under
  757  contract pursuant to s. 944.105;
  758         c. Committed to or under the supervision of the Department
  759  of Juvenile Justice;
  760         d. Transferred to this state under the Interstate Compact
  761  on Juveniles, part XIII of chapter 985; or
  762         e. Accepted under Article IV of the Interstate Corrections
  763  Compact, part III of chapter 941; and who is:
  764         2.a. Convicted of any felony offense or attempted felony
  765  offense in this state or of a similar offense in another
  766  jurisdiction;
  767         b. Convicted of a misdemeanor violation of s. 784.048, s.
  768  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  769  offense that was found, pursuant to s. 874.04, to have been
  770  committed for the purpose of benefiting, promoting, or
  771  furthering the interests of a criminal gang as defined in s.
  772  874.03;
  773         c. Arrested for any felony offense or attempted felony
  774  offense in this state; or
  775         d. In the custody of a law enforcement agency and is
  776  subject to an immigration detainer issued by a federal
  777  immigration agency.
  778         Section 17. Subsections (4), (5), and (7) of section
  779  944.105, Florida Statutes, are amended to read:
  780         944.105 Contractual arrangements with contractor-operated
  781  private entities for operation and maintenance of correctional
  782  facilities and supervision of inmates.—
  783         (4) A contractor-employed private correctional officer may
  784  use force only while on the grounds of a facility, while
  785  transporting inmates, and while pursuing escapees from a
  786  facility. A contractor-employed private correctional officer may
  787  use nondeadly force in the following situations:
  788         (a) To prevent the commission of a felony or a misdemeanor,
  789  including escape.
  790         (b) To defend oneself or others against physical assault.
  791         (c) To prevent serious damage to property.
  792         (d) To enforce institutional regulations and orders.
  793         (e) To prevent or quell a riot.
  794  
  795  Contractor-employed Private correctional officers may carry and
  796  use firearms and may use deadly force only as a last resort, and
  797  then only to prevent an act that could result in death or
  798  serious bodily injury to oneself or to another person.
  799         (5) Contractor-employed Private correctional officers shall
  800  be trained in the use of force and the use of firearms and shall
  801  be trained at the contractor-operated private firm’s expense, at
  802  the facilities that train correctional officers employed by the
  803  department.
  804         (7) The department shall require the certification of
  805  contractor-employed private correctional officers at the private
  806  vendor’s expense under s. 943.1395, and all such officers must
  807  meet the minimum qualifications established in s. 943.13. All
  808  other employees of the private vendor that perform their duties
  809  at the contractor-operated private correctional facility shall
  810  receive, at a minimum, the same quality and quantity of training
  811  as that required by the state for employees of state-operated
  812  correctional facilities. All training expenses shall be the
  813  responsibility of the private vendor. The department shall be
  814  the contributor and recipient of all criminal background
  815  information necessary for certification by the Criminal Justice
  816  Standards and Training Commission.
  817         Section 18. Subsections (1), (2), (3), and (4) of section
  818  944.151, Florida Statutes, are amended to read:
  819         944.151 Safe operation and security of correctional
  820  institutions and facilities.—It is the intent of the Legislature
  821  that the Department of Corrections shall be responsible for the
  822  safe operation and security of the correctional institutions and
  823  facilities. The safe operation and security of the state’s
  824  correctional institutions and facilities are critical to ensure
  825  public safety and the safety of department employees and
  826  offenders, and to contain violent and chronic offenders until
  827  offenders are otherwise released from the department’s custody
  828  pursuant to law. The Secretary of Corrections shall, at a
  829  minimum:
  830         (1) Appoint appropriate department staff to a safety and
  831  security review committee that shall evaluate new safety and
  832  security technology, review and discuss current issues impacting
  833  state and contractor-operated private correctional institutions
  834  and facilities, and review and discuss other issues as requested
  835  by department management.
  836         (2) Direct appropriate department staff to establish a
  837  periodic schedule for the physical inspection of buildings and
  838  structures of each state and contractor-operated private
  839  correctional institution and facility to determine safety and
  840  security deficiencies. In scheduling the inspections, priority
  841  shall be given to older institutions and facilities;
  842  institutions and facilities that house a large proportion of
  843  violent offenders; institutions and facilities that have
  844  experienced a significant number of inappropriate incidents of
  845  use of force on inmates, assaults on employees, or inmate sexual
  846  abuse; and institutions and facilities that have experienced a
  847  significant number of escapes or escape attempts in the past.
  848         (3) Direct appropriate department staff to conduct or cause
  849  to be conducted announced and unannounced comprehensive security
  850  audits of all state and contractor-operated private correctional
  851  institutions and facilities. Priority shall be given to those
  852  institutions and facilities that have experienced a significant
  853  number of inappropriate incidents of use of force on inmates,
  854  assaults on employees, or sexual abuse. At a minimum, the audit
  855  must include an evaluation of the physical plant, landscaping,
  856  fencing, security alarms and perimeter lighting, and
  857  confinement, arsenal, key and lock, and entrance and exit
  858  policies. The evaluation of the physical plant policies must
  859  include the identification of blind spots or areas where staff
  860  or inmates may be isolated and the deployment of video
  861  monitoring systems and other appropriate monitoring technologies
  862  in such spots or areas. Each correctional institution and
  863  facility shall be audited at least annually. The secretary shall
  864  annually report the audit findings to the Governor and the
  865  Legislature.
  866         (4) Direct appropriate department staff to investigate and
  867  evaluate the usefulness and dependability of existing safety and
  868  security technology at state and contractor-operated private
  869  correctional institutions and facilities, investigate and
  870  evaluate new available safety and security technology, and make
  871  periodic written recommendations to the secretary on the
  872  discontinuation or purchase of various safety and security
  873  devices.
  874         Section 19. Paragraph (b) of subsection (3) of section
  875  944.17, Florida Statutes, is amended to read:
  876         944.17 Commitments and classification; transfers.—
  877         (3)
  878         (b) Notwithstanding paragraph (a), any prisoner
  879  incarcerated in the state correctional system or contractor
  880  operated private correctional facility operated pursuant to
  881  chapter 957 who is convicted in circuit or county court of a
  882  crime committed during that incarceration shall serve the
  883  sentence imposed for that crime within the state correctional
  884  system regardless of the length of sentence or classification of
  885  the offense.
  886         Section 20. Paragraph (b) of subsection (3) of section
  887  944.35, Florida Statutes, is amended to read:
  888         944.35 Authorized use of force; malicious battery and
  889  sexual misconduct prohibited; reporting required; penalties.—
  890         (3)
  891         (b)1. As used in this paragraph, the term:
  892         a. “Female genitals” includes the labia minora, labia
  893  majora, clitoris, vulva, hymen, and vagina.
  894         b. “Contractor-operated Private correctional facility” has
  895  the same meaning as in s. 944.710.
  896         c. “Sexual misconduct” means the oral, anal, or female
  897  genital penetration by, or union with, the sexual organ of
  898  another or the anal or female genital penetration of another by
  899  any other object, but does not include an act done for a bona
  900  fide medical purpose or an internal search conducted in the
  901  lawful performance of the employee’s duty.
  902         d. “Volunteer” means a person registered with the
  903  department or a contractor-operated private correctional
  904  facility who is engaged in specific voluntary service activities
  905  on an ongoing or continual basis.
  906         2. Any employee of the department or a contractor-operated
  907  private correctional facility or any volunteer in, or any
  908  employee of a contractor or subcontractor of, the department or
  909  a contractor-operated private correctional facility who engages
  910  in sexual misconduct with an inmate or an offender supervised by
  911  the department in the community, without committing the crime of
  912  sexual battery, commits a felony of the third degree, punishable
  913  as provided in s. 775.082, s. 775.083, or s. 775.084.
  914         3. The consent of the inmate or offender supervised by the
  915  department in the community to any act of sexual misconduct may
  916  not be raised as a defense to a prosecution under this
  917  paragraph.
  918         4. This paragraph does not apply to any employee,
  919  volunteer, or employee of a contractor or subcontractor of the
  920  department or any employee, volunteer, or employee of a
  921  contractor or subcontractor of a contractor-operated private
  922  correctional facility who is legally married to an inmate or an
  923  offender supervised by the department in the community, nor does
  924  it apply to any employee, volunteer, or employee of a contractor
  925  or subcontractor who has no knowledge, and would have no reason
  926  to believe, that the person with whom the employee, volunteer,
  927  or employee of a contractor or subcontractor has engaged in
  928  sexual misconduct is an inmate or an offender under community
  929  supervision of the department.
  930         Section 21. Section 944.40, Florida Statutes, is amended to
  931  read:
  932         944.40 Escapes; penalty.—Any prisoner confined in, or
  933  released on furlough from, any prison, jail, contractor-operated
  934  private correctional facility, road camp, or other penal
  935  institution, whether operated by the state, a county, or a
  936  municipality, or operated under a contract with the state, a
  937  county, or a municipality, working upon the public roads, or
  938  being transported to or from a place of confinement who escapes
  939  or attempts to escape from such confinement commits a felony of
  940  the second degree, punishable as provided in s. 775.082, s.
  941  775.083, or s. 775.084. The punishment of imprisonment imposed
  942  under this section shall run consecutive to any former sentence
  943  imposed upon any prisoner.
  944         Section 22. Subsections (1) and (2) of section 944.605,
  945  Florida Statutes, are amended to read:
  946         944.605 Inmate release; notification; identification card.—
  947         (1) Within 6 months before the release of an inmate from
  948  the custody of the Department of Corrections or a contractor
  949  operated private correctional facility by expiration of sentence
  950  under s. 944.275, any release program provided by law, or parole
  951  under chapter 947, or as soon as possible if the offender is
  952  released earlier than anticipated, notification of such
  953  anticipated release date shall be made known by the Department
  954  of Corrections to the chief judge of the circuit in which the
  955  offender was sentenced, the appropriate state attorney, the
  956  original arresting law enforcement agency, the Department of Law
  957  Enforcement, and the sheriff as chief law enforcement officer of
  958  the county in which the inmate plans to reside. In addition,
  959  unless otherwise requested by the victim, the victim’s parent or
  960  guardian if the victim is a minor, the lawful representative of
  961  the victim or of the victim’s parent or guardian if the victim
  962  is a minor, the victim’s next of kin in the case of a homicide,
  963  the state attorney or the Department of Corrections, whichever
  964  is appropriate, shall notify such person within 6 months before
  965  the inmate’s release, or as soon as possible if the offender is
  966  released earlier than anticipated, when the name and address of
  967  such victim, or the name and address of the parent, guardian,
  968  next of kin, or lawful representative of the victim has been
  969  furnished to the agency. The state attorney shall provide the
  970  latest address documented for the victim, or for the victim’s
  971  parent, guardian, next of kin, or lawful representative, as
  972  applicable, to the sheriff with the other documents required by
  973  law for the delivery of inmates to those agencies for service of
  974  sentence. Upon request, within 30 days after an inmate is
  975  approved for community work release, the state attorney, the
  976  victim, the victim’s parent or guardian if the victim is a
  977  minor, the victim’s next of kin in the case of a homicide, or
  978  the lawful representative of the victim or of the victim’s
  979  parent or guardian if the victim is a minor shall be notified
  980  that the inmate has been approved for community work release.
  981  This section does not imply any repeal or modification of any
  982  provision of law relating to notification of victims.
  983         (2) Within 60 days before the anticipated release of an
  984  inmate under subsection (1), a digitized photograph of the
  985  inmate to be released shall be made by the Department of
  986  Corrections or a contractor-operated private correctional
  987  facility, whichever has custody of the inmate. If a contractor
  988  operated private correctional facility makes the digitized
  989  photograph, this photograph shall be provided to the Department
  990  of Corrections. Additionally, the digitized photograph, whether
  991  made by the Department of Corrections or a contractor-operated
  992  private correctional facility, shall be placed in the inmate’s
  993  file. The Department of Corrections shall make the digitized
  994  photograph available electronically to the Department of Law
  995  Enforcement as soon as the digitized photograph is in the
  996  department’s database and must be in a format that is compatible
  997  with the requirements of the Florida Crime Information Center.
  998  The department shall provide a copy of the digitized photograph
  999  to a local law enforcement agency upon request.
 1000         Section 23. Paragraph (a) of subsection (1) and paragraph
 1001  (a) of subsection (3) of section 944.606, Florida Statutes, are
 1002  amended to read:
 1003         944.606 Sexual offenders; notification upon release.—
 1004         (1) As used in this section, the term:
 1005         (a) “Convicted” means there has been a determination of
 1006  guilt as a result of a trial or the entry of a plea of guilty or
 1007  nolo contendere, regardless of whether adjudication is withheld.
 1008  A conviction for a similar offense includes, but is not limited
 1009  to, a conviction by a federal or military tribunal, including
 1010  courts-martial conducted by the Armed Forces of the United
 1011  States, and includes a conviction or entry of a plea of guilty
 1012  or nolo contendere resulting in a sanction in any state of the
 1013  United States or other jurisdiction. A sanction includes, but is
 1014  not limited to, a fine; probation; community control; parole;
 1015  conditional release; control release; or incarceration in a
 1016  state prison, federal prison, contractor-operated private
 1017  correctional facility, or local detention facility.
 1018         (3)(a) The department shall provide information regarding
 1019  any sexual offender who is being released after serving a period
 1020  of incarceration for any offense, as follows:
 1021         1. The department shall provide: the sexual offender’s
 1022  name, any change in the offender’s name by reason of marriage or
 1023  other legal process, and any alias, if known; the correctional
 1024  facility from which the sexual offender is released; the sexual
 1025  offender’s social security number, race, sex, date of birth,
 1026  height, weight, and hair and eye color; tattoos or other
 1027  identifying marks; address of any planned permanent residence or
 1028  temporary residence, within the state or out of state, including
 1029  a rural route address and a post office box; if no permanent or
 1030  temporary address, any transient residence within the state;
 1031  address, location or description, and dates of any known future
 1032  temporary residence within the state or out of state; date and
 1033  county of sentence and each crime for which the offender was
 1034  sentenced; a copy of the offender’s fingerprints, palm prints,
 1035  and a digitized photograph taken within 60 days before release;
 1036  the date of release of the sexual offender; all electronic mail
 1037  addresses and all Internet identifiers required to be provided
 1038  pursuant to s. 943.0435(4)(e); employment information, if known,
 1039  provided pursuant to s. 943.0435(4)(e); all home telephone
 1040  numbers and cellular telephone numbers required to be provided
 1041  pursuant to s. 943.0435(4)(e); information about any
 1042  professional licenses the offender has, if known; and passport
 1043  information, if he or she has a passport, and, if he or she is
 1044  an alien, information about documents establishing his or her
 1045  immigration status. The department shall notify the Department
 1046  of Law Enforcement if the sexual offender escapes, absconds, or
 1047  dies. If the sexual offender is in the custody of a contractor
 1048  operated private correctional facility, the facility shall take
 1049  the digitized photograph of the sexual offender within 60 days
 1050  before the sexual offender’s release and provide this photograph
 1051  to the Department of Corrections and also place it in the sexual
 1052  offender’s file. If the sexual offender is in the custody of a
 1053  local jail, the custodian of the local jail shall register the
 1054  offender within 3 business days after intake of the offender for
 1055  any reason and upon release, and shall notify the Department of
 1056  Law Enforcement of the sexual offender’s release and provide to
 1057  the Department of Law Enforcement the information specified in
 1058  this paragraph and any information specified in subparagraph 2.
 1059  that the Department of Law Enforcement requests.
 1060         2. The department may provide any other information deemed
 1061  necessary, including criminal and corrections records,
 1062  nonprivileged personnel and treatment records, when available.
 1063         Section 24. Paragraphs (b) and (f) of subsection (1),
 1064  paragraph (g) of subsection (6), and subsection (12) of section
 1065  944.607, Florida Statutes, are amended to read:
 1066         944.607 Notification to Department of Law Enforcement of
 1067  information on sexual offenders.—
 1068         (1) As used in this section, the term:
 1069         (b) “Conviction” means a determination of guilt which is
 1070  the result of a trial or the entry of a plea of guilty or nolo
 1071  contendere, regardless of whether adjudication is withheld.
 1072  Conviction of a similar offense includes, but is not limited to,
 1073  a conviction by a federal or military tribunal, including
 1074  courts-martial conducted by the Armed Forces of the United
 1075  States, and includes a conviction or entry of a plea of guilty
 1076  or nolo contendere resulting in a sanction in any state of the
 1077  United States or other jurisdiction. A sanction includes, but is
 1078  not limited to, a fine; probation; community control; parole;
 1079  conditional release; control release; or incarceration in a
 1080  state prison, federal prison, contractor-operated private
 1081  correctional facility, or local detention facility.
 1082         (f) “Sexual offender” means a person who is in the custody
 1083  or control of, or under the supervision of, the department or is
 1084  in the custody of a contractor-operated private correctional
 1085  facility:
 1086         1. On or after October 1, 1997, as a result of a conviction
 1087  for committing, or attempting, soliciting, or conspiring to
 1088  commit, any of the criminal offenses proscribed in the following
 1089  statutes in this state or similar offenses in another
 1090  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1091  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1092  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1093  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1094  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1095  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1096  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1097  makes a written finding that the racketeering activity involved
 1098  at least one sexual offense listed in this subparagraph or at
 1099  least one offense listed in this subparagraph with sexual intent
 1100  or motive; s. 916.1075(2); or s. 985.701(1); or any similar
 1101  offense committed in this state which has been redesignated from
 1102  a former statute number to one of those listed in this
 1103  paragraph; or
 1104         2. Who establishes or maintains a residence in this state
 1105  and who has not been designated as a sexual predator by a court
 1106  of this state but who has been designated as a sexual predator,
 1107  as a sexually violent predator, or by another sexual offender
 1108  designation in another state or jurisdiction and was, as a
 1109  result of such designation, subjected to registration or
 1110  community or public notification, or both, or would be if the
 1111  person were a resident of that state or jurisdiction, without
 1112  regard as to whether the person otherwise meets the criteria for
 1113  registration as a sexual offender.
 1114         (6) The information provided to the Department of Law
 1115  Enforcement must include:
 1116         (g) A digitized photograph of the sexual offender which
 1117  must have been taken within 60 days before the offender is
 1118  released from the custody of the department or a contractor
 1119  operated private correctional facility by expiration of sentence
 1120  under s. 944.275 or must have been taken by January 1, 1998, or
 1121  within 60 days after the onset of the department’s supervision
 1122  of any sexual offender who is on probation, community control,
 1123  conditional release, parole, provisional release, or control
 1124  release or who is supervised by the department under the
 1125  Interstate Compact Agreement for Probationers and Parolees. If
 1126  the sexual offender is in the custody of a contractor-operated
 1127  private correctional facility, the facility shall take a
 1128  digitized photograph of the sexual offender within the time
 1129  period provided in this paragraph and shall provide the
 1130  photograph to the department.
 1131  
 1132  If any information provided by the department changes during the
 1133  time the sexual offender is under the department’s control,
 1134  custody, or supervision, including any change in the offender’s
 1135  name by reason of marriage or other legal process, the
 1136  department shall, in a timely manner, update the information and
 1137  provide it to the Department of Law Enforcement in the manner
 1138  prescribed in subsection (2).
 1139         (12) Any person who has reason to believe that a sexual
 1140  offender is not complying, or has not complied, with the
 1141  requirements of this section and who, with the intent to assist
 1142  the sexual offender in eluding a law enforcement agency that is
 1143  seeking to find the sexual offender to question the sexual
 1144  offender about, or to arrest the sexual offender for, his or her
 1145  noncompliance with the requirements of this section:
 1146         (a) Withholds information from, or does not notify, the law
 1147  enforcement agency about the sexual offender’s noncompliance
 1148  with the requirements of this section, and, if known, the
 1149  whereabouts of the sexual offender;
 1150         (b) Harbors, or attempts to harbor, or assists another
 1151  person in harboring or attempting to harbor, the sexual
 1152  offender; or
 1153         (c) Conceals or attempts to conceal, or assists another
 1154  person in concealing or attempting to conceal, the sexual
 1155  offender; or
 1156         (d) Provides information to the law enforcement agency
 1157  regarding the sexual offender which the person knows to be false
 1158  information,
 1159  
 1160  commits a felony of the third degree, punishable as provided in
 1161  s. 775.082, s. 775.083, or s. 775.084. This subsection does not
 1162  apply if the sexual offender is incarcerated in or is in the
 1163  custody of a state correctional facility, a contractor-operated
 1164  private correctional facility, a local jail, or a federal
 1165  correctional facility.
 1166         Section 25. Subsection (1) and paragraph (e) of subsection
 1167  (5) of section 944.608, Florida Statutes, are amended to read:
 1168         944.608 Notification to Department of Law Enforcement of
 1169  information on career offenders.—
 1170         (1) As used in this section, the term “career offender”
 1171  means a person who is in the custody or control of, or under the
 1172  supervision of, the department or is in the custody or control
 1173  of, or under the supervision of, a contractor-operated private
 1174  correctional facility, and who is designated as a habitual
 1175  violent felony offender, a violent career criminal, or a three
 1176  time violent felony offender under s. 775.084 or as a prison
 1177  releasee reoffender under s. 775.082(9).
 1178         (5) The information provided to the Department of Law
 1179  Enforcement must include:
 1180         (e) A digitized photograph of the career offender, which
 1181  must have been taken within 60 days before the career offender
 1182  is released from the custody of the department or a contractor
 1183  operated private correctional facility or within 60 days after
 1184  the onset of the department’s supervision of any career offender
 1185  who is on probation, community control, conditional release,
 1186  parole, provisional release, or control release. If the career
 1187  offender is in the custody or control of, or under the
 1188  supervision of, a contractor-operated private correctional
 1189  facility, the facility shall take a digitized photograph of the
 1190  career offender within the time period provided in this
 1191  paragraph and shall provide the photograph to the department.
 1192         Section 26. Subsection (1) and paragraph (a) of subsection
 1193  (3) of section 944.609, Florida Statutes, are amended to read:
 1194         944.609 Career offenders; notification upon release.—
 1195         (1) As used in this section, the term “career offender”
 1196  means a person who is in the custody or control of, or under the
 1197  supervision of, the department or is in the custody or control
 1198  of, or under the supervision of a contractor-operated private
 1199  correctional facility, who is designated as a habitual violent
 1200  felony offender, a violent career criminal, or a three-time
 1201  violent felony offender under s. 775.084 or as a prison releasee
 1202  reoffender under s. 775.082(9).
 1203         (3)(a) The department must provide information regarding
 1204  any career offender who is being released after serving a period
 1205  of incarceration for any offense, as follows:
 1206         1. The department must provide the career offender’s name,
 1207  any change in the career offender’s name by reason of marriage
 1208  or other legal process, and any alias, if known; the
 1209  correctional facility from which the career offender is
 1210  released; the career offender’s social security number, race,
 1211  gender, date of birth, height, weight, and hair and eye color;
 1212  date and county of sentence and each crime for which the career
 1213  offender was sentenced; a copy of the career offender’s
 1214  fingerprints and a digitized photograph taken within 60 days
 1215  before release; the date of release of the career offender; and
 1216  the career offender’s intended residence address, if known. The
 1217  department shall notify the Department of Law Enforcement if the
 1218  career offender escapes, absconds, or dies. If the career
 1219  offender is in the custody of a contractor-operated private
 1220  correctional facility, the facility shall take the digitized
 1221  photograph of the career offender within 60 days before the
 1222  career offender’s release and provide this photograph to the
 1223  Department of Corrections and also place it in the career
 1224  offender’s file. If the career offender is in the custody of a
 1225  local jail, the custodian of the local jail shall notify the
 1226  Department of Law Enforcement of the career offender’s release
 1227  and provide to the Department of Law Enforcement the information
 1228  specified in this paragraph and any information specified in
 1229  subparagraph 2. which the Department of Law Enforcement
 1230  requests.
 1231         2. The department may provide any other information deemed
 1232  necessary, including criminal and corrections records and
 1233  nonprivileged personnel and treatment records, when available.
 1234         Section 27. Section 944.7031, Florida Statutes, is amended
 1235  to read:
 1236         944.7031 Eligible inmates released from contractor-operated
 1237  private correctional facilities.—
 1238         (1) It is the intent of the Legislature that state inmates
 1239  nearing release from a contractor-operated private correctional
 1240  facility managed under chapter 957 are eligible for assistance
 1241  under ss. 944.701-944.708, and all laws that provide for or
 1242  mandate transition assistance services to inmates nearing
 1243  release also apply to inmates who reside in contractor-operated
 1244  private correctional facilities.
 1245         (2) To assist an inmate nearing release from a contractor
 1246  operated private correctional facility, the department and the
 1247  transition assistance specialist shall coordinate with a
 1248  designated staff person at each contractor-operated private
 1249  correctional facility to ensure that a state inmate released
 1250  from the contractor-operated private correctional facility is
 1251  informed of and provided with the same level of transition
 1252  assistance services that are provided by the department for an
 1253  inmate in a state correctional facility. Any inmate released
 1254  from a contractor-operated private correctional facility shall
 1255  also have equal access to placement consideration in a
 1256  contracted substance abuse transition housing program, including
 1257  those programs that have a faith-based component.
 1258         Section 28. Section 944.714, Florida Statutes, is amended
 1259  to read:
 1260         944.714 Quality assurance and standards of operation.—
 1261         (1) The level and quality of programs provided by a private
 1262  vendor at a contractor-operated private correctional facility
 1263  must be at least equal to programs provided at a correctional
 1264  facility operated by the department that houses similar types of
 1265  inmates and must be at a cost that provides the state with a
 1266  substantial savings, as determined by a private accounting firm
 1267  selected by the Department of Corrections.
 1268         (2) All contractor-employed private correctional officers
 1269  employed by a private vendor must be certified, at the private
 1270  vendor’s expense, as having met the minimum qualifications
 1271  established for correctional officers under s. 943.13.
 1272         (3) Pursuant to the terms of the contract, a private vendor
 1273  shall design, construct, and operate a contractor-operated
 1274  private correctional facility in accordance with the standards
 1275  established by the American Correctional Association and
 1276  approved by the department at the time of the contract. In
 1277  addition, a contractor-operated private correctional facility
 1278  shall meet any higher standard mandated in the full or partial
 1279  settlement of any litigation challenging the constitutional
 1280  conditions of confinement to which the department is a named
 1281  defendant. The standards required under a contract for operating
 1282  a contractor-operated private correctional facility may be
 1283  higher than the standards required for accreditation by the
 1284  American Correctional Association. A private vendor shall comply
 1285  with all federal and state constitutional requirements, federal,
 1286  state, and local laws, department rules, and all court orders.
 1287         Section 29. Section 944.715, Florida Statutes, is amended
 1288  to read:
 1289         944.715 Delegation of authority.—
 1290         (1) A private vendor shall incarcerate all inmates assigned
 1291  to the contractor-operated private correctional facility by the
 1292  department and as specified in the contract. The department may
 1293  not exceed the maximum occupancy designated for the facility in
 1294  the contract.
 1295         (2) Inmates incarcerated in a contractor-operated private
 1296  correctional facility are in the legal custody of the
 1297  department. A private vendor may not award gain-time or release
 1298  credits, determine inmate eligibility for furlough or work
 1299  release, calculate inmate release dates, approve inmate
 1300  transfers, place inmates in less restrictive custody than that
 1301  ordered by the department or approve inmate work assignments. A
 1302  private vendor may not benefit financially from the labor of
 1303  inmates except to the extent authorized under chapter 946.
 1304         Section 30. Section 944.716, Florida Statutes, is amended
 1305  to read:
 1306         944.716 Contract termination and control of a correctional
 1307  facility by the department.—A detailed plan shall be provided by
 1308  a private vendor under which the department shall assume control
 1309  of a contractor-operated private correctional facility upon
 1310  termination of the contract. The department may terminate the
 1311  contract with cause after written notice of material
 1312  deficiencies and after 60 workdays in order to correct the
 1313  material deficiencies. If any event occurs that involves the
 1314  noncompliance with or violation of contract terms and that
 1315  presents a serious threat to the safety, health, or security of
 1316  the inmates, employees, or the public, the department may
 1317  temporarily assume control of the contractor-operated private
 1318  correctional facility. A plan shall also be provided by a
 1319  private vendor for the purchase and assumption of operations of
 1320  a correctional facility by the department in the event of
 1321  bankruptcy or the financial insolvency of the private vendor.
 1322  The private vendor shall provide an emergency plan to address
 1323  inmate disturbances, employee work stoppages, strikes, or other
 1324  serious events in accordance with standards of the American
 1325  Correctional Association.
 1326         Section 31. Subsection (1) of section 944.717, Florida
 1327  Statutes, is amended to read:
 1328         944.717 Conflicts of interest.—
 1329         (1) An employee of the department or any governmental
 1330  entity that exercises any functions or responsibilities in the
 1331  review or approval of a contractor-operated private correctional
 1332  facility contract or the operation of a contractor-operated
 1333  private correctional facility, or a member of the immediate
 1334  family of any such person, may not solicit or accept, directly
 1335  or indirectly, any personal benefit or promise of a benefit from
 1336  a bidder or private vendor.
 1337         Section 32. Subsection (1) of section 944.718, Florida
 1338  Statutes, is amended to read:
 1339         944.718 Withdrawal of request for proposals.—
 1340         (1) When soliciting proposals for the construction, lease,
 1341  or operation of a contractor-operated private correctional
 1342  facility, the department may reserve the right to withdraw the
 1343  request for proposals at any time and for any reason. Receipt of
 1344  proposal materials by the department or submission of a proposal
 1345  to the department does not confer any rights upon the proposer
 1346  or obligations upon the department.
 1347         Section 33. Paragraphs (a) and (f) of subsection (1),
 1348  subsection (3), and paragraph (b) of subsection (5) of section
 1349  944.719, Florida Statutes, are amended to read:
 1350         944.719 Adoption of rules, monitoring, and reporting.—
 1351         (1) The department shall adopt rules pursuant to chapter
 1352  120 specifying criteria for contractual arrangements and
 1353  standards for the operation of correctional facilities by
 1354  private vendors. Such rules shall define:
 1355         (a) Various categories of contractor-operated private
 1356  correctional facilities.
 1357         (f) The characteristics of inmates to be incarcerated in
 1358  contractor-operated private correctional facilities.
 1359         (3) The private vendor shall provide a work area at the
 1360  contractor-operated private correctional facility for use by the
 1361  contract monitor appointed by the department and shall provide
 1362  the monitor with access to all data, reports, and other
 1363  materials that the monitor, the Auditor General, and the Office
 1364  of Program Policy Analysis and Government Accountability
 1365  determine are necessary to carry out monitoring and auditing
 1366  responsibilities.
 1367         (5) The Office of Program Policy Analysis and Government
 1368  Accountability shall conduct a performance audit, including a
 1369  review of the annual financial audit of the private entity and
 1370  shall deliver a report to the Legislature by February 1 of the
 1371  third year following any contract awarded by the department for
 1372  the operation of a correctional facility by a private vendor.
 1373         (b) In preparing the report, the office shall consider, in
 1374  addition to other factors it determines are significant:
 1375         1. The extent to which the private vendor and the
 1376  department have complied with the terms of the contract and ss.
 1377  944.710-944.719.
 1378         2. The wages and benefits that are provided to the staff of
 1379  the contractor-operated private correctional facility as
 1380  compared to wages and benefits provided to employees of the
 1381  department performing comparable tasks.
 1382         Section 34. Subsection (1) of section 944.72, Florida
 1383  Statutes, is amended to read:
 1384         944.72 Contractor-operated Privately Operated Institutions
 1385  Inmate Welfare Trust Fund.—
 1386         (1) There is hereby created in the Department of
 1387  Corrections the Contractor-operated Privately Operated
 1388  Institutions Inmate Welfare Trust Fund. The purpose of the trust
 1389  fund shall be the benefit and welfare of inmates incarcerated in
 1390  contractor-operated private correctional facilities under
 1391  contract with the department pursuant to this chapter or chapter
 1392  957. Moneys shall be deposited in the trust fund and
 1393  expenditures made from the trust fund as provided in s. 945.215.
 1394         Section 35. Subsection (9) of section 944.801, Florida
 1395  Statutes, is amended to read:
 1396         944.801 Education for state prisoners.—
 1397         (9) Notwithstanding s. 120.81(3), all inmates under 22
 1398  years of age who qualify for special educational services and
 1399  programs pursuant to the Individuals with Disabilities Education
 1400  Act, 20 U.S.C. ss. 1400 et seq., and who request a due process
 1401  hearing as provided by that act shall be entitled to such
 1402  hearing before the Division of Administrative Hearings.
 1403  Administrative law judges shall not be required to travel to
 1404  state or contractor-operated private correctional institutions
 1405  and facilities in order to conduct these hearings.
 1406         Section 36. Subsections (1) and (3) of section 944.803,
 1407  Florida Statutes, are amended to read:
 1408         944.803 Faith- and character-based programs.—
 1409         (1) The Legislature finds and declares that faith- and
 1410  character-based programs offered in state and contractor
 1411  operated private correctional institutions and facilities have
 1412  the potential to facilitate inmate institutional adjustment,
 1413  help inmates assume personal responsibility, and reduce
 1414  recidivism.
 1415         (3) It is the intent of the Legislature that the department
 1416  and the private vendors operating contractor-operated private
 1417  correctional facilities continuously:
 1418         (a) Measure recidivism rates for inmates who have
 1419  participated in faith- and character-based programs.
 1420         (b) Increase the number of volunteers who minister to
 1421  inmates from various faith-based and secular institutions in the
 1422  community.
 1423         (c) Develop community linkages with secular institutions as
 1424  well as churches, synagogues, mosques, and other faith-based
 1425  institutions to assist inmates in their release back into the
 1426  community.
 1427         Section 37. Paragraphs (a) and (b) of subsection (2) of
 1428  section 945.10, Florida Statutes, are amended to read:
 1429         945.10 Confidential information.—
 1430         (2) The records and information specified in paragraphs
 1431  (1)(a)-(i) may be released as follows unless expressly
 1432  prohibited by federal law:
 1433         (a) Information specified in paragraphs (1)(b), (d), and
 1434  (f) to the Executive Office of the Governor, the Legislature,
 1435  the Florida Commission on Offender Review, the Department of
 1436  Children and Families, a contractor-operated private
 1437  correctional facility or program that operates under a contract,
 1438  the Department of Legal Affairs, a state attorney, the court, or
 1439  a law enforcement agency. A request for records or information
 1440  pursuant to this paragraph need not be in writing.
 1441         (b) Information specified in paragraphs (1)(c), (e), and
 1442  (i) to the Executive Office of the Governor, the Legislature,
 1443  the Florida Commission on Offender Review, the Department of
 1444  Children and Families, a contractor-operated private
 1445  correctional facility or program that operates under contract,
 1446  the Department of Legal Affairs, a state attorney, the court, or
 1447  a law enforcement agency. A request for records or information
 1448  pursuant to this paragraph must be in writing and a statement
 1449  provided demonstrating a need for the records or information.
 1450  
 1451  Records and information released under this subsection remain
 1452  confidential and exempt from the provisions of s. 119.07(1) and
 1453  s. 24(a), Art. I of the State Constitution when held by the
 1454  receiving person or entity.
 1455         Section 38. Subsection (3) of section 945.215, Florida
 1456  Statutes, is amended to read:
 1457         945.215 Inmate welfare and employee benefit trust funds.—
 1458         (3) CONTRACTOR-OPERATED PRIVATELY OPERATED INSTITUTIONS
 1459  INMATE WELFARE TRUST FUND; CONTRACTOR-OPERATED PRIVATE
 1460  CORRECTIONAL FACILITIES.—
 1461         (a) For purposes of this subsection, contractor-operated
 1462  privately operated institutions or contractor-operated private
 1463  correctional facilities are those correctional facilities under
 1464  contract with the department pursuant to chapter 944 or chapter
 1465  957.
 1466         (b)1. The net proceeds derived from inmate canteens,
 1467  vending machines used primarily by inmates, telephone
 1468  commissions, and similar sources at contractor-operated private
 1469  correctional facilities shall be deposited in the Contractor
 1470  Operated Privately Operated Institutions Inmate Welfare Trust
 1471  Fund.
 1472         2. Funds in the Contractor-Operated Privately Operated
 1473  Institutions Inmate Welfare Trust Fund shall be expended only
 1474  pursuant to legislative appropriation.
 1475         (c) The department shall annually compile a report that
 1476  documents Contractor-Operated Privately Operated Institutions
 1477  Inmate Welfare Trust Fund receipts and expenditures at each
 1478  contractor-operated private correctional facility. This report
 1479  must specifically identify receipt sources and expenditures. The
 1480  department shall compile this report for the prior fiscal year
 1481  and shall submit the report by September 1 of each year to the
 1482  chairs of the appropriate substantive and fiscal committees of
 1483  the Senate and House of Representatives and to the Executive
 1484  Office of the Governor.
 1485         Section 39. Subsections (2) and (3) of section 945.6041,
 1486  Florida Statutes, are amended to read:
 1487         945.6041 Inmate medical services.—
 1488         (2) Compensation to a health care provider to provide
 1489  inmate medical services may not exceed 110 percent of the
 1490  Medicare allowable rate if the health care provider does not
 1491  have a contract to provide services with the department or the
 1492  contractor-operated private correctional facility, as defined in
 1493  s. 944.710, which houses the inmate. However, compensation to a
 1494  health care provider may not exceed 125 percent of the Medicare
 1495  allowable rate if:
 1496         (a) The health care provider does not have a contract to
 1497  provide services with the department or the contractor-operated
 1498  private correctional facility, as defined in s. 944.710, which
 1499  houses the inmate; and
 1500         (b) The health care provider reported a negative operating
 1501  margin for the previous year to the Agency for Health Care
 1502  Administration through hospital-audited financial data.
 1503         (3) Compensation to an entity to provide emergency medical
 1504  transportation services for inmates may not exceed 110 percent
 1505  of the Medicare allowable rate if the entity does not have a
 1506  contract with the department or a contractor-operated private
 1507  correctional facility, as defined in s. 944.710, to provide the
 1508  services.
 1509         Section 40. Section 946.5025, Florida Statutes, is amended
 1510  to read:
 1511         946.5025 Authorization of corporation to enter into
 1512  contracts.—The corporation established under this part may enter
 1513  into contracts to operate correctional work programs with any
 1514  county or municipal authority that operates a correctional
 1515  facility or with a contractor authorized under chapter 944 or
 1516  chapter 957 to operate a contractor-operated private
 1517  correctional facility. The corporation has the same powers,
 1518  privileges, and immunities in carrying out such contracts as it
 1519  has under this chapter.
 1520         Section 41. Subsections (5) and (6) of section 946.503,
 1521  Florida Statutes, are amended to read:
 1522         946.503 Definitions to be used with respect to correctional
 1523  work programs.—As used in this part, the term:
 1524         (5) “Inmate” means any person incarcerated within any
 1525  state, county, municipal, or contractor-operated private
 1526  correctional facility.
 1527         (6) “Contractor-operated Private correctional facility”
 1528  means a facility authorized by chapter 944 or chapter 957.
 1529         Section 42. Subsection (6) of section 951.062, Florida
 1530  Statutes, is amended to read:
 1531         951.062 Contractual arrangements for operation and
 1532  maintenance of county detention facilities.—
 1533         (6) Contractor-employed Private correctional officers
 1534  responsible for supervising inmates within the facility shall
 1535  meet the requirements necessary for certification by the
 1536  Criminal Justice Standards and Training Commission pursuant to
 1537  s. 943.1395. However, expenses for such training shall be the
 1538  responsibility of the private entity.
 1539         Section 43. Section 951.063, Florida Statutes, is amended
 1540  to read:
 1541         951.063 Contractor-operated privately operated county
 1542  correctional facilities.—Each contractor-employed private
 1543  correctional officer employed by a private entity under contract
 1544  to a county commission must be certified as a correctional
 1545  officer under s. 943.1395 and must meet the minimum
 1546  qualifications established in s. 943.13. The county shall
 1547  provide to the Criminal Justice Standards and Training
 1548  Commission all necessary fingerprints for Florida Department of
 1549  Law Enforcement and Federal Bureau of Investigation background
 1550  checks. The Criminal Justice Standards and Training Commission
 1551  shall advise the county as to those employees whose
 1552  certification has been denied or revoked. Neither the county nor
 1553  the private entity shall be the direct recipient of criminal
 1554  records.
 1555         Section 44. Section 957.05, Florida Statutes, is amended to
 1556  read:
 1557         957.05 Requirements for contractors operating contractor
 1558  operated private correctional facilities.—
 1559         (1) Each contractor entering into a contract under this
 1560  chapter is liable in tort with respect to the care and custody
 1561  of inmates under its supervision and for any breach of contract.
 1562  Sovereign immunity may not be raised by a contractor, or the
 1563  insurer of that contractor on the contractor’s behalf, as a
 1564  defense in any action arising out of the performance of any
 1565  contract entered into under this chapter or as a defense in
 1566  tort, or any other application, with respect to the care and
 1567  custody of inmates under the contractor’s supervision and for
 1568  any breach of contract.
 1569         (2)(a) The training requirements, including inservice
 1570  training requirements, for employees of a contractor that
 1571  assumes the responsibility for the operation and maintenance of
 1572  a contractor-operated private correctional facility must meet or
 1573  exceed the requirements for similar employees of the department
 1574  or the training requirements mandated for accreditation by the
 1575  American Correctional Association, whichever of those
 1576  requirements are the more demanding. All employee training
 1577  expenses are the responsibility of the contractor.
 1578         (b) Employees of a contractor who are responsible for the
 1579  supervision of inmates shall have the same legal authority to
 1580  rely on nondeadly and deadly force as do similar employees of
 1581  the department.
 1582         (3) Any contractor or person employed by a contractor
 1583  operating a correctional or detention facility pursuant to a
 1584  contract executed under this chapter shall be exempt from the
 1585  requirements of chapter 493, relating to licensure of private
 1586  investigators and security officers.
 1587         Section 45. Subsection (2) of section 957.06, Florida
 1588  Statutes, is amended to read:
 1589         957.06 Powers and duties not delegable to contractor.—A
 1590  contract entered into under this chapter does not authorize,
 1591  allow, or imply a delegation of authority to the contractor to:
 1592         (2) Choose the facility to which an inmate is initially
 1593  assigned or subsequently transferred. The contractor may
 1594  request, in writing, that an inmate be transferred to a facility
 1595  operated by the department. The contractor and the department
 1596  shall develop and implement a cooperative agreement for
 1597  transferring inmates between a correctional facility operated by
 1598  the department and a contractor-operated private correctional
 1599  facility. The department and the contractor must comply with the
 1600  cooperative agreement.
 1601         Section 46. Section 957.08, Florida Statutes, is amended to
 1602  read:
 1603         957.08 Capacity requirements.—The department shall transfer
 1604  and assign prisoners to each contractor-operated private
 1605  correctional facility opened pursuant to this chapter in an
 1606  amount not less than 90 percent or more than 100 percent of the
 1607  capacity of the facility pursuant to the contract. The prisoners
 1608  transferred by the department shall represent a cross-section of
 1609  the general inmate population, based on the grade of custody or
 1610  the offense of conviction, at the most comparable facility
 1611  operated by the department.
 1612         Section 47. Subsection (1) of section 957.09, Florida
 1613  Statutes, is amended to read:
 1614         957.09 Applicability of chapter to other provisions of
 1615  law.—
 1616         (1)(a) Any offense that if committed at a state
 1617  correctional facility would be a crime is a crime if committed
 1618  by or with regard to inmates at contractor-operated private
 1619  correctional facilities operated pursuant to a contract entered
 1620  into under this chapter.
 1621         (b) All laws relating to commutation of sentences, release
 1622  and parole eligibility, and the award of sentence credits apply
 1623  to inmates incarcerated in a contractor-operated private
 1624  correctional facility operated pursuant to a contract entered
 1625  into under this chapter.
 1626         Section 48. Section 957.13, Florida Statutes, is amended to
 1627  read:
 1628         957.13 Background checks.—
 1629         (1) The Florida Department of Law Enforcement may accept
 1630  fingerprints of individuals who apply for employment at a
 1631  contractor-operated private correctional facility and who are
 1632  required to have background checks under the provisions of this
 1633  chapter.
 1634         (2) The Florida Department of Law Enforcement may, to the
 1635  extent provided for by federal law, provide for the exchange of
 1636  state, multistate, and federal criminal history records of
 1637  individuals who apply for employment at a contractor-operated
 1638  private correctional facility for the purpose of conducting
 1639  background checks as required by law or contract.
 1640         Section 49. Section 957.14, Florida Statutes, is amended to
 1641  read:
 1642         957.14 Contract termination and control of a correctional
 1643  facility by the department.—A detailed plan shall be provided by
 1644  a private vendor under which the department shall assume
 1645  temporary control of a contractor-operated private correctional
 1646  facility upon termination of the contract. The department may
 1647  terminate the contract with cause after written notice of
 1648  material deficiencies and after 60 workdays in order to correct
 1649  the material deficiencies. If any event occurs that involves the
 1650  noncompliance with or violation of contract terms and that
 1651  presents a serious threat to the safety, health, or security of
 1652  the inmates, employees, or the public, the department may
 1653  temporarily assume control of the contractor-operated private
 1654  correctional facility. A plan shall also be provided by a
 1655  private vendor for the purchase and temporary assumption of
 1656  operations of a correctional facility by the department in the
 1657  event of bankruptcy or the financial insolvency of the private
 1658  vendor. The private vendor shall provide an emergency plan to
 1659  address inmate disturbances, employee work stoppages, strikes,
 1660  or other serious events in accordance with standards of the
 1661  American Correctional Association.
 1662         Section 50. Paragraph (p) of subsection (1) of section
 1663  960.001, Florida Statutes, is amended to read:
 1664         960.001 Guidelines for fair treatment of victims and
 1665  witnesses in the criminal justice and juvenile justice systems.—
 1666         (1) The Department of Legal Affairs, the state attorneys,
 1667  the Department of Corrections, the Department of Juvenile
 1668  Justice, the Florida Commission on Offender Review, the State
 1669  Courts Administrator and circuit court administrators, the
 1670  Department of Law Enforcement, and every sheriff’s department,
 1671  police department, or other law enforcement agency as defined in
 1672  s. 943.10(4) shall develop and implement guidelines for the use
 1673  of their respective agencies, which guidelines are consistent
 1674  with the purposes of this act and s. 16(b), Art. I of the State
 1675  Constitution and are designed to implement s. 16(b), Art. I of
 1676  the State Constitution and to achieve the following objectives:
 1677         (p) Information concerning escape from a state correctional
 1678  institution, county jail, juvenile detention facility, or
 1679  residential commitment facility.—In any case where an offender
 1680  escapes from a state correctional institution, contractor
 1681  operated private correctional facility, county jail, juvenile
 1682  detention facility, or residential commitment facility, the
 1683  institution of confinement shall immediately notify the state
 1684  attorney of the jurisdiction where the criminal charge or
 1685  petition for delinquency arose and the judge who imposed the
 1686  sentence of incarceration. The state attorney shall thereupon
 1687  make every effort to notify the victim, material witness,
 1688  parents or legal guardian of a minor who is a victim or witness,
 1689  or immediate relatives of a homicide victim of the escapee. The
 1690  state attorney shall also notify the sheriff of the county where
 1691  the criminal charge or petition for delinquency arose. The
 1692  sheriff shall offer assistance upon request. When an escaped
 1693  offender is subsequently captured or is captured and returned to
 1694  the institution of confinement, the institution of confinement
 1695  shall again immediately notify the appropriate state attorney
 1696  and sentencing judge pursuant to this section.
 1697         Section 51. Paragraph (a) of subsection (3) of section
 1698  985.481, Florida Statutes, is amended to read:
 1699         985.481 Sexual offenders adjudicated delinquent;
 1700  notification upon release.—
 1701         (3)(a) The department shall provide information regarding
 1702  any sexual offender who is being released after serving a period
 1703  of residential commitment under the department for any offense,
 1704  as follows:
 1705         1. The department shall provide the sexual offender’s name,
 1706  any change in the offender’s name by reason of marriage or other
 1707  legal process, and any alias, if known; the correctional
 1708  facility from which the sexual offender is released; the sexual
 1709  offender’s social security number, race, sex, date of birth,
 1710  height, weight, and hair and eye color; tattoos or other
 1711  identifying marks; the make, model, color, vehicle
 1712  identification number (VIN), and license tag number of all
 1713  vehicles owned; address of any planned permanent residence or
 1714  temporary residence, within the state or out of state, including
 1715  a rural route address and a post office box; if no permanent or
 1716  temporary address, any transient residence within the state;
 1717  address, location or description, and dates of any known future
 1718  temporary residence within the state or out of state; date and
 1719  county of disposition and each crime for which there was a
 1720  disposition; a copy of the offender’s fingerprints, palm prints,
 1721  and a digitized photograph taken within 60 days before release;
 1722  the date of release of the sexual offender; all home telephone
 1723  numbers and cellular telephone numbers required to be provided
 1724  pursuant to s. 943.0435(4)(e); all electronic mail addresses and
 1725  Internet identifiers required to be provided pursuant to s.
 1726  943.0435(4)(e); information about any professional licenses the
 1727  offender has, if known; and passport information, if he or she
 1728  has a passport, and, if he or she is an alien, information about
 1729  documents establishing his or her immigration status. The
 1730  department shall notify the Department of Law Enforcement if the
 1731  sexual offender escapes, absconds, or dies. If the sexual
 1732  offender is in the custody of a contractor-operated private
 1733  correctional facility, the facility shall take the digitized
 1734  photograph of the sexual offender within 60 days before the
 1735  sexual offender’s release and also place it in the sexual
 1736  offender’s file. If the sexual offender is in the custody of a
 1737  local jail, the custodian of the local jail shall register the
 1738  offender within 3 business days after intake of the offender for
 1739  any reason and upon release, and shall notify the Department of
 1740  Law Enforcement of the sexual offender’s release and provide to
 1741  the Department of Law Enforcement the information specified in
 1742  this subparagraph and any information specified in subparagraph
 1743  2. which the Department of Law Enforcement requests.
 1744         2. The department may provide any other information
 1745  considered necessary, including criminal and delinquency
 1746  records, when available.
 1747         Section 52. Paragraph (h) of subsection (1), paragraph (a)
 1748  of subsection (6), and subsection (12) of section 985.4815,
 1749  Florida Statutes, are amended to read:
 1750         985.4815 Notification to Department of Law Enforcement of
 1751  information on juvenile sexual offenders.—
 1752         (1) As used in this section, the term:
 1753         (h) “Sexual offender” means a person who is in the care or
 1754  custody or under the jurisdiction or supervision of the
 1755  department or is in the custody of a contractor-operated private
 1756  correctional facility and who:
 1757         1. Has been adjudicated delinquent as provided in s.
 1758  943.0435(1)(h)1.d.; or
 1759         2. Establishes or maintains a residence in this state and
 1760  has not been designated as a sexual predator by a court of this
 1761  state but has been designated as a sexual predator, as a
 1762  sexually violent predator, or by another sexual offender
 1763  designation in another state or jurisdiction and was, as a
 1764  result of such designation, subjected to registration or
 1765  community or public notification, or both, or would be if the
 1766  person were a resident of that state or jurisdiction, without
 1767  regard to whether the person otherwise meets the criteria for
 1768  registration as a sexual offender.
 1769         (6)(a) The information provided to the Department of Law
 1770  Enforcement must include the following:
 1771         1. The information obtained from the sexual offender under
 1772  subsection (4).
 1773         2. The sexual offender’s most current address and place of
 1774  permanent, temporary, or transient residence within the state or
 1775  out of state, and address, location or description, and dates of
 1776  any current or known future temporary residence within the state
 1777  or out of state, while the sexual offender is in the care or
 1778  custody or under the jurisdiction or supervision of the
 1779  department in this state, including the name of the county or
 1780  municipality in which the offender permanently or temporarily
 1781  resides, or has a transient residence, and address, location or
 1782  description, and dates of any current or known future temporary
 1783  residence within the state or out of state; and, if known, the
 1784  intended place of permanent, temporary, or transient residence,
 1785  and address, location or description, and dates of any current
 1786  or known future temporary residence within the state or out of
 1787  state upon satisfaction of all sanctions.
 1788         3. The legal status of the sexual offender and the
 1789  scheduled termination date of that legal status.
 1790         4. The location of, and local telephone number for, any
 1791  department office that is responsible for supervising the sexual
 1792  offender.
 1793         5. An indication of whether the victim of the offense that
 1794  resulted in the offender’s status as a sexual offender was a
 1795  minor.
 1796         6. The offense or offenses at adjudication and disposition
 1797  that resulted in the determination of the offender’s status as a
 1798  sex offender.
 1799         7. A digitized photograph of the sexual offender, which
 1800  must have been taken within 60 days before the offender was
 1801  released from the custody of the department or a contractor
 1802  operated private correctional facility by expiration of sentence
 1803  under s. 944.275, or within 60 days after the onset of the
 1804  department’s supervision of any sexual offender who is on
 1805  probation, postcommitment probation, residential commitment,
 1806  nonresidential commitment, licensed child-caring commitment,
 1807  community control, conditional release, parole, provisional
 1808  release, or control release or who is supervised by the
 1809  department under the Interstate Compact Agreement for
 1810  Probationers and Parolees. If the sexual offender is in the
 1811  custody of a contractor-operated private correctional facility,
 1812  the facility shall take a digitized photograph of the sexual
 1813  offender within the time period provided in this subparagraph
 1814  and shall provide the photograph to the department.
 1815         (12) Any person who has reason to believe that a sexual
 1816  offender is not complying, or has not complied, with the
 1817  requirements of this section and who, with the intent to assist
 1818  the sexual offender in eluding a law enforcement agency that is
 1819  seeking to find the sexual offender to question the sexual
 1820  offender about, or to arrest the sexual offender for, his or her
 1821  noncompliance with the requirements of this section:
 1822         (a) Withholds information from, or does not notify, the law
 1823  enforcement agency about the sexual offender’s noncompliance
 1824  with the requirements of this section and, if known, the
 1825  whereabouts of the sexual offender;
 1826         (b) Harbors, attempts to harbor, or assists another person
 1827  in harboring or attempting to harbor the sexual offender;
 1828         (c) Conceals, attempts to conceal, or assists another
 1829  person in concealing or attempting to conceal the sexual
 1830  offender; or
 1831         (d) Provides information to the law enforcement agency
 1832  regarding the sexual offender that the person knows to be false
 1833  
 1834  commits a felony of the third degree, punishable as provided in
 1835  s. 775.082, s. 775.083, or s. 775.084. This subsection does not
 1836  apply if the sexual offender is incarcerated in or is in the
 1837  custody of a state correctional facility, a contractor-operated
 1838  private correctional facility, a local jail, or a federal
 1839  correctional facility.
 1840         Section 53. This act shall take effect July 1, 2024.
 1841  
 1842  ================= T I T L E  A M E N D M E N T ================
 1843  And the title is amended as follows:
 1844         Delete everything before the enacting clause
 1845  and insert:
 1846                        A bill to be entitled                      
 1847         An act relating to Department of Corrections; amending
 1848         s. 944.31, F.S.; providing additional authority for
 1849         law enforcement officers of the office of the
 1850         inspector general concerning department and
 1851         contractor-operated correctional facilities; amending
 1852         s. 957.04, F.S.; providing that correctional
 1853         privatization contracts are not exempt from specified
 1854         state contracting provisions unless otherwise
 1855         specified; providing construction; conforming
 1856         provisions to changes made by the act; amending s.
 1857         944.710, F.S.; renaming the term “private correctional
 1858         facility” as “contractor-operated correctional
 1859         facility”; renaming the term “private correctional
 1860         officer” as “contractor-employed correctional
 1861         officer”; conforming provisions to changes made by the
 1862         act; amending s. 957.07, F.S.; revising terminology;
 1863         deleting provisions concerning development of
 1864         consensus per diem rates by the Prison Per-Diem
 1865         Workgroup; conforming a provision to changes made by
 1866         the act; amending s. 957.12, F.S.; revising provisions
 1867         concerning contact with the department by specified
 1868         persons; conforming a provision to changes made by the
 1869         act; amending s. 957.15, F.S.; deleting a provision
 1870         concerning department control over certain funds
 1871         appropriated for contractor-operated correctional
 1872         facilities; conforming a provision to changes made by
 1873         the act; amending ss. 330.41, 553.865, 633.218,
 1874         775.21, 775.261, 784.078, 800.09, 943.0435, 943.13,
 1875         943.325, 944.105, 944.151, 944.17, 944.35, 944.40,
 1876         944.605, 944.606, 944.607, 944.608, 944.609, 944.7031,
 1877         944.714, 944.715, 944.716, 944.717, 944.718, 944.719,
 1878         944.72, 944.801, 944.803, 945.10, 945.215, 945.6041,
 1879         946.5025, 946.503, 951.062, 951.063, 957.05, 957.06,
 1880         957.08, 957.09, 957.13, 957.14, 960.001, 985.481, and
 1881         985.4815, F.S.; conforming provisions to changes made
 1882         by the act; providing an effective date.