Florida Senate - 2024                             CS for SB 1278
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       and Senator Martin
       
       
       
       
       604-03141-24                                          20241278c1
    1                        A bill to be entitled                      
    2         An act relating to Department of Corrections; amending
    3         s. 944.31, F.S.; providing additional authority for
    4         law enforcement officers of the office of the
    5         inspector general concerning department and
    6         contractor-operated correctional facilities; amending
    7         s. 957.04, F.S.; providing that correctional
    8         privatization contracts are not exempt from specified
    9         state contracting provisions unless otherwise
   10         specified; providing construction; conforming
   11         provisions to changes made by the act; amending s.
   12         944.710, F.S.; renaming the term “private correctional
   13         facility” as “contractor-operated correctional
   14         facility”; renaming the term “private correctional
   15         officer” as “contractor-employed correctional
   16         officer”; conforming provisions to changes made by the
   17         act; amending s. 957.07, F.S.; revising terminology;
   18         deleting provisions concerning development of
   19         consensus per diem rates by the Prison Per-Diem
   20         Workgroup; conforming a provision to changes made by
   21         the act; amending s. 957.12, F.S.; revising provisions
   22         concerning contact with the department by specified
   23         persons; conforming a provision to changes made by the
   24         act; amending s. 957.15, F.S.; deleting a provision
   25         concerning department control over certain funds
   26         appropriated for contractor-operated correctional
   27         facilities; conforming a provision to changes made by
   28         the act; amending ss. 330.41, 553.865, 633.218,
   29         775.21, 775.261, 784.078, 800.09, 943.0435, 943.13,
   30         943.325, 944.105, 944.151, 944.17, 944.35, 944.40,
   31         944.605, 944.606, 944.607, 944.608, 944.609, 944.7031,
   32         944.714, 944.715, 944.716, 944.717, 944.718, 944.719,
   33         944.72, 944.801, 944.803, 945.10, 945.215, 945.6041,
   34         946.5025, 946.503, 951.062, 951.063, 957.05, 957.06,
   35         957.08, 957.09, 957.13, 957.14, 960.001, 985.481, and
   36         985.4815, F.S.; conforming provisions to changes made
   37         by the act; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 944.31, Florida Statutes, is amended to
   42  read:
   43         944.31 Inspector general; inspectors; power and duties.—
   44         (1) The inspector general shall be responsible for prison
   45  inspection and investigation, internal affairs investigations,
   46  and management reviews. The office of the inspector general
   47  shall be charged with the duty of inspecting the penal and
   48  correctional systems of the state.
   49         (2) The office of the inspector general shall inspect each
   50  correctional institution or any place in which state prisoners
   51  are housed, worked, or kept within the state, with reference to
   52  its physical conditions, cleanliness, sanitation, safety, and
   53  comfort; the quality and supply of all bedding; the quality,
   54  quantity, and diversity of food served and the manner in which
   55  it is served; the number and condition of the prisoners confined
   56  therein; and the general conditions of each institution.
   57         (3) The office of inspector general shall see that all the
   58  rules and regulations issued by the department are strictly
   59  observed and followed by all persons connected with the
   60  correctional systems of the state. The office of the inspector
   61  general shall coordinate and supervise the work of inspectors
   62  throughout the state.
   63         (4) The inspector general and inspectors may enter any
   64  place where prisoners in this state are kept and shall be
   65  immediately admitted to such place as they desire and may
   66  consult and confer with any prisoner privately and without
   67  molestation.
   68         (5)(a) The inspector general and inspectors shall be
   69  responsible for criminal and administrative investigation of
   70  matters relating to the Department of Corrections.
   71         (b) The secretary may designate persons within the office
   72  of the inspector general as law enforcement officers to conduct
   73  any criminal investigation that occurs on property owned or
   74  leased by the department or involves matters over which the
   75  department has jurisdiction. All criminal investigations,
   76  involving matters over which the department has jurisdiction at
   77  contractor-operated correctional facilities, as defined in s.
   78  944.710, may be conducted by the law enforcement officers of the
   79  office of the inspector general.
   80         (c) A person designated as a law enforcement officer must
   81  be certified pursuant to s. 943.1395 and must have a minimum of
   82  3 years’ experience as an inspector in the inspector general’s
   83  office or as a law enforcement officer.
   84         (d) The department shall maintain a memorandum of
   85  understanding with the Department of Law Enforcement for the
   86  notification and investigation of mutually agreed-upon predicate
   87  events that shall include, but are not limited to, suspicious
   88  deaths and organized criminal activity.
   89         (e) During investigations, the inspector general and
   90  inspectors may consult and confer with any prisoner or staff
   91  member privately and without molestation and persons designated
   92  as law enforcement officers under this section shall have the
   93  authority to arrest, with or without a warrant, any prisoner of
   94  or visitor to a state correctional institution for a violation
   95  of the criminal laws of the state. Law enforcement officers
   96  under this section shall have the authority to arrest, with or
   97  without a warrant, any prisoner of or visitor to any state
   98  correctional institution, as defined in s. 944.02, including all
   99  contractor-operated correctional facilities, for any violation
  100  of the criminal laws of the state involving matters over which
  101  the department has jurisdiction, involving an offense classified
  102  as a felony that occurs on property owned or leased by the
  103  department and may arrest offenders who have escaped or
  104  absconded from custody.
  105         (f) Persons designated as law enforcement officers have the
  106  authority to arrest with or without a warrant a staff member of
  107  the department, including any contract employee, subcontractor,
  108  or volunteer, for a violation of the criminal laws of the state
  109  that occurs involving an offense classified as a felony under
  110  this chapter or chapter 893 on property owned or leased by the
  111  department, or any contractor-operated correctional facility
  112  staff member, contract employee, subcontractor, or volunteer,
  113  for a violation of the criminal laws of the state involving
  114  matters over which the department has jurisdiction at any
  115  contractor-operated correctional facility. A person designated
  116  as a law enforcement officer under this section may make arrests
  117  of persons against whom arrest warrants have been issued,
  118  including arrests of offenders who have escaped or absconded
  119  from custody. The arrested person shall be surrendered without
  120  delay to the sheriff of the county in which the arrest is made,
  121  with a formal complaint subsequently made against her or him in
  122  accordance with law.
  123         Section 2. Section 944.710, Florida Statutes, is amended to
  124  read:
  125         944.710 Definitions of terms relating to contractor
  126  operated private operation of state correctional facilities and
  127  s. 944.105.—As used with respect to contractor-operated private
  128  operation of state correctional facilities and s. 944.105, the
  129  term:
  130         (1) “Bidder” means any individual, partnership,
  131  corporation, or unincorporated association that submits a
  132  proposal with the department to construct, lease, or operate a
  133  contractor-operated private correctional facility.
  134         (2) “Department” means the Department of Corrections.
  135         (4)(3) “Contractor-operated private correctional facility”
  136  means any facility, which is not operated by the department, for
  137  the incarceration of adults or juveniles who have been sentenced
  138  by a court and committed to the custody of the department.
  139         (3)(4) “Contractor-employed Private correctional officer”
  140  means any full-time or part-time employee of a private vendor
  141  whose primary responsibility is the supervision, protection,
  142  care, and control of prisoners within a contractor-operated
  143  private correctional facility.
  144         (5) “Private vendor” means any individual, partnership,
  145  corporation, or unincorporated association bound by contract
  146  with the department to construct, lease, or operate a
  147  contractor-operated private correctional facility.
  148         Section 3. Subsections (1), (2), and (3) of section 957.04,
  149  Florida Statutes, are amended to read:
  150         957.04 Contract requirements.—
  151         (1) A contract entered into under this chapter for the
  152  operation of contractor-operated private correctional facilities
  153  shall maximize the cost savings of such facilities and shall:
  154         (a) Unless otherwise specified herein, is not exempt from
  155  chapter 287, including the competitive solicitation requirements
  156  thereof. However, to the extent of a direct conflict between
  157  this chapter and chapter 287, this chapter shall control.
  158  Contracts entered into under this chapter for the operation of
  159  contractor-operated correctional facilities are not considered
  160  to be outsourced as defined in s. 287.012. The specific
  161  outsourcing requirements in s. 287.0571 are not required under
  162  this section.
  163         (b)(a) Be executed negotiated with the contractor firm
  164  found most qualified. However, a contract for contractor
  165  operated private correctional services may not be entered into
  166  by the department unless the department determines that the
  167  contractor has demonstrated that it has:
  168         1. The qualifications, experience, and management personnel
  169  necessary to carry out the terms of the contract.
  170         2. The ability to expedite the siting, design, and
  171  construction of correctional facilities.
  172         3. The ability to comply with applicable laws, court
  173  orders, and national correctional standards.
  174         (c)(b) Indemnify the state and the department, including
  175  their officials and agents, against any and all liability,
  176  including, but not limited to, civil rights liability. Proof of
  177  satisfactory insurance is required in an amount to be determined
  178  by the department.
  179         (d)(c) Require that the contractor seek, obtain, and
  180  maintain accreditation by the American Correctional Association
  181  for the facility under that contract. Compliance with amendments
  182  to the accreditation standards of the association is required
  183  upon the approval of such amendments by the department.
  184         (e)(d) Require that the proposed facilities and the
  185  management plans for the inmates meet applicable American
  186  Correctional Association standards and the requirements of all
  187  applicable court orders and state law.
  188         (f)(e) Establish operations standards for correctional
  189  facilities subject to the contract. However, if the department
  190  and the contractor disagree with an operations standard, the
  191  contractor may propose to waive any rule, policy, or procedure
  192  of the department related to the operations standards of
  193  correctional facilities which is inconsistent with the mission
  194  of the contractor to establish cost-effective, contractor
  195  operated privately operated correctional facilities. The
  196  department shall be responsible for considering all requests
  197  proposals from the contractor to waive any rule, policy, or
  198  procedure and shall render a final decision granting or denying
  199  such request.
  200         (g)(f) Require the contractor to be responsible for a range
  201  of dental, medical, and psychological services; diet; education;
  202  and work programs at least equal to those provided by the
  203  department in comparable facilities. The work and education
  204  programs must be designed to reduce recidivism, and include
  205  opportunities to participate in such work programs as authorized
  206  pursuant to s. 946.523.
  207         (h)(g) Require the selection and appointment of a full-time
  208  contract monitor. The contract monitor shall be appointed and
  209  supervised by the department. The contractor is required to
  210  reimburse the department for the salary and expenses of the
  211  contract monitor. It is the obligation of the contractor to
  212  provide suitable office space for the contract monitor at the
  213  correctional facility. The contract monitor shall have unlimited
  214  access to the correctional facility.
  215         (i)(h) Be for a period of 3 years and may be renewed for
  216  successive 2-year periods thereafter. However, the state is not
  217  obligated for any payments to the contractor beyond current
  218  annual appropriations.
  219         (2) Each contract entered into for the design and
  220  construction of a contractor-operated private correctional
  221  facility or juvenile commitment facility must include:
  222         (a) Notwithstanding any provision of chapter 255 to the
  223  contrary, a specific provision authorizing the use of tax-exempt
  224  financing through the issuance of tax-exempt bonds, certificates
  225  of participation, lease-purchase agreements, or other tax-exempt
  226  financing methods. Pursuant to s. 255.25, approval is hereby
  227  provided for the lease-purchase of up to two contractor-operated
  228  private correctional facilities and any other facility
  229  authorized by the General Appropriations Act.
  230         (b) A specific provision requiring the design and
  231  construction of the proposed facilities to meet the applicable
  232  standards of the American Correctional Association and the
  233  requirements of all applicable court orders and state law.
  234         (c) A specific provision requiring the contractor, and not
  235  the department, to obtain the financing required to design and
  236  construct the contractor-operated private correctional facility
  237  or juvenile commitment facility built under this chapter.
  238         (d) A specific provision stating that the state is not
  239  obligated for any payments that exceed the amount of the current
  240  annual appropriation.
  241         (3)(a) Each contract for the designing, financing,
  242  acquiring, leasing, constructing, and operating of a contractor
  243  operated private correctional facility shall be subject to ss.
  244  255.2502 and 255.2503.
  245         (b) Each contract for the designing, financing, acquiring,
  246  leasing, and constructing of a contractor-operated private
  247  juvenile commitment facility shall be subject to ss. 255.2502
  248  and 255.2503.
  249         Section 4. Subsections (4) and (5) of section 957.07,
  250  Florida Statutes, are amended to read:
  251         957.07 Cost-saving requirements.—
  252         (4) The department shall provide a report detailing the
  253  state cost to design, finance, acquire, lease, construct, and
  254  operate a facility similar to the contractor-operated private
  255  correctional facility on a per diem basis. This report shall be
  256  provided to the Auditor General in sufficient time that it may
  257  be certified to be included in the competitive solicitation
  258  request for proposals.
  259         (5)(a) At the request of the Speaker of the House of
  260  Representatives or the President of the Senate, the Prison Per
  261  Diem Workgroup shall develop consensus per diem rates for use by
  262  the Legislature. The Office of Program Policy Analysis and
  263  Government Accountability and the staffs of the appropriations
  264  committees of both the Senate and the House of Representatives
  265  are the principals of the workgroup. The workgroup may consult
  266  with other experts to assist in the development of the consensus
  267  per diem rates. All meetings of the workgroup shall be open to
  268  the public as provided in chapter 286.
  269         (b) When developing the consensus per diem rates, the
  270  workgroup must:
  271         1. Use data provided by the department from the most recent
  272  fiscal year to determine per diem costs for the following
  273  activities:
  274         a. Custody and control;
  275         b. Health services;
  276         c. Substance abuse programs; and
  277         d. Educational programs;
  278         2. Include the cost of departmental, regional,
  279  institutional, and program administration and any other fixed
  280  costs of the department;
  281         3. Calculate average per diem rates for the following
  282  offender populations: adult male, youthful offender male, and
  283  female; and
  284         4. Make per diem adjustments, as appropriate, to account
  285  for variations in size and location of correctional facilities.
  286         (c) The consensus per diem rates determined by the
  287  workgroup may be used to assist the Legislature in determining
  288  the level of funding provided to privately operated prisons to
  289  meet the 7-percent savings required of private prisons by this
  290  chapter.
  291         (d) If a private vendor chooses not to renew the contract
  292  at the appropriated level, the department shall terminate the
  293  contract as provided in s. 957.14.
  294         Section 5. Section 957.12, Florida Statutes, is amended to
  295  read:
  296         957.12 Prohibition on contact.—Except in writing to the
  297  procurement office or as provided in the solicitation documents,
  298  a bidder or potential bidder is not permitted to have any
  299  contact with any member or employee of or consultant to the
  300  department regarding a competitive solicitation request for
  301  proposal, a proposal, or the evaluation or selection process
  302  from the time a request for proposals for a contractor-operated
  303  private correctional facility is issued until the time a
  304  notification of intent to award is announced, except if such
  305  contact is in writing or in a meeting for which notice was
  306  provided in the Florida Administrative Register.
  307         Section 6. Section 957.15, Florida Statutes, is amended to
  308  read:
  309         957.15 Funding of contracts for operation, maintenance, and
  310  lease-purchase of contractor-operated private correctional
  311  facilities.—The request for appropriation of funds to make
  312  payments pursuant to contracts entered into by the department
  313  for the operation, maintenance, and lease-purchase of the
  314  contractor-operated private correctional facilities authorized
  315  by this chapter shall be included in its budget request to the
  316  Legislature as a separately identified item. After an
  317  appropriation has been made by the Legislature to the department
  318  for the private correctional facilities, the department shall
  319  have no authority over such funds other than to pay from such
  320  appropriation to the appropriate private vendor such amounts as
  321  are certified for payment by the department.
  322         Section 7. Paragraph (a) of subsection (2) of section
  323  330.41, Florida Statutes, is amended to read:
  324         330.41 Unmanned Aircraft Systems Act.—
  325         (2) DEFINITIONS.—As used in this act, the term:
  326         (a) “Critical infrastructure facility” means any of the
  327  following, if completely enclosed by a fence or other physical
  328  barrier that is obviously designed to exclude intruders, or if
  329  clearly marked with a sign or signs which indicate that entry is
  330  forbidden and which are posted on the property in a manner
  331  reasonably likely to come to the attention of intruders:
  332         1. A power generation or transmission facility, substation,
  333  switching station, or electrical control center.
  334         2. A chemical or rubber manufacturing or storage facility.
  335         3. A water intake structure, water treatment facility,
  336  wastewater treatment plant, or pump station.
  337         4. A mining facility.
  338         5. A natural gas or compressed gas compressor station,
  339  storage facility, or natural gas or compressed gas pipeline.
  340         6. A liquid natural gas or propane gas terminal or storage
  341  facility.
  342         7. Any portion of an aboveground oil or gas pipeline.
  343         8. A refinery.
  344         9. A gas processing plant, including a plant used in the
  345  processing, treatment, or fractionation of natural gas.
  346         10. A wireless communications facility, including the
  347  tower, antennae, support structures, and all associated ground
  348  based equipment.
  349         11. A seaport as listed in s. 311.09(1), which need not be
  350  completely enclosed by a fence or other physical barrier and
  351  need not be marked with a sign or signs indicating that entry is
  352  forbidden.
  353         12. An inland port or other facility or group of facilities
  354  serving as a point of intermodal transfer of freight in a
  355  specific area physically separated from a seaport.
  356         13. An airport as defined in s. 330.27.
  357         14. A spaceport territory as defined in s. 331.303(18).
  358         15. A military installation as defined in 10 U.S.C. s.
  359  2801(c)(4) and an armory as defined in s. 250.01.
  360         16. A dam as defined in s. 373.403(1) or other structures,
  361  such as locks, floodgates, or dikes, which are designed to
  362  maintain or control the level of navigable waterways.
  363         17. A state correctional institution as defined in s.
  364  944.02 or a contractor-operated private correctional facility
  365  authorized under chapter 957.
  366         18. A secure detention center or facility as defined in s.
  367  985.03, or a nonsecure residential facility, a high-risk
  368  residential facility, or a maximum-risk residential facility as
  369  those terms are described in s. 985.03(44).
  370         19. A county detention facility as defined in s. 951.23.
  371         20. A critical infrastructure facility as defined in s.
  372  692.201.
  373         Section 8. Paragraph (b) of subsection (3) of section
  374  553.865, Florida Statutes, is amended to read:
  375         553.865 Private spaces.—
  376         (3) As used in this section, the term:
  377         (b) “Correctional institution” means any state correctional
  378  institution as defined in s. 944.02 or contractor-operated
  379  private correctional facility as defined in s. 944.710.
  380         Section 9. Paragraph (e) of subsection (1) of section
  381  633.218, Florida Statutes, is amended to read:
  382         633.218 Inspections of state buildings and premises; tests
  383  of firesafety equipment; building plans to be approved.—
  384         (1)
  385         (e) For purposes of this section:
  386         1.a. The term “high-hazard occupancy” means any building or
  387  structure:
  388         (I) That contains combustible or explosive matter or
  389  flammable conditions dangerous to the safety of life or
  390  property;
  391         (II) At which persons receive educational instruction;
  392         (III) At which persons reside, excluding private dwellings;
  393  or
  394         (IV) Containing three or more floor levels.
  395         b. As used in this subparagraph, the phrase “building or
  396  structure”:
  397         (I) Includes, but is not limited to, all hospitals and
  398  residential health care facilities, nursing homes and other
  399  adult care facilities, correctional or detention facilities,
  400  public schools, public lodging establishments, migrant labor
  401  camps, residential child care facilities, and self-service
  402  gasoline stations.
  403         (II) Does not include any residential condominium where the
  404  declaration of condominium or the bylaws provide that the rental
  405  of units shall not be permitted for less than 90 days.
  406         2. The term “state-owned building” includes contractor
  407  operated private correctional facilities as defined under s.
  408  944.710 s. 944.710(3).
  409         Section 10. Paragraph (e) of subsection (2), paragraphs (b)
  410  and (e) of subsection (6), and paragraph (g) of subsection (10)
  411  of section 775.21, Florida Statutes, are amended to read:
  412         775.21 The Florida Sexual Predators Act.—
  413         (2) DEFINITIONS.—As used in this section, the term:
  414         (e) “Conviction” means a determination of guilt which is
  415  the result of a trial or the entry of a plea of guilty or nolo
  416  contendere, regardless of whether adjudication is withheld. A
  417  conviction for a similar offense includes, but is not limited
  418  to, a conviction by a federal or military tribunal, including
  419  courts-martial conducted by the Armed Forces of the United
  420  States, and includes a conviction or entry of a plea of guilty
  421  or nolo contendere resulting in a sanction in any state of the
  422  United States or other jurisdiction. A sanction includes, but is
  423  not limited to, a fine, probation, community control, parole,
  424  conditional release, control release, or incarceration in a
  425  state prison, federal prison, contractor-operated private
  426  correctional facility, or local detention facility.
  427         (6) REGISTRATION.—
  428         (b) If the sexual predator is in the custody or control of,
  429  or under the supervision of, the Department of Corrections, or
  430  is in the custody of a contractor-operated private correctional
  431  facility, the sexual predator shall register with the Department
  432  of Corrections. A sexual predator who is under the supervision
  433  of the Department of Corrections but who is not incarcerated
  434  shall register with the Department of Corrections within 3
  435  business days after the court finds the offender to be a sexual
  436  predator. The Department of Corrections shall provide to the
  437  department registration information and the location of, and
  438  local telephone number for, any Department of Corrections office
  439  that is responsible for supervising the sexual predator. In
  440  addition, the Department of Corrections shall notify the
  441  department if the sexual predator escapes or absconds from
  442  custody or supervision or if the sexual predator dies.
  443         (e)1. If the sexual predator is not in the custody or
  444  control of, or under the supervision of, the Department of
  445  Corrections or is not in the custody of a contractor-operated
  446  private correctional facility, the sexual predator shall
  447  register in person:
  448         a. At the sheriff’s office in the county where he or she
  449  establishes or maintains a residence within 48 hours after
  450  establishing or maintaining a residence in this state; and
  451         b. At the sheriff’s office in the county where he or she
  452  was designated a sexual predator by the court within 48 hours
  453  after such finding is made.
  454         2. Any change that occurs after the sexual predator
  455  registers in person at the sheriff’s office as provided in
  456  subparagraph 1. in any of the following information related to
  457  the sexual predator must be reported as provided in paragraphs
  458  (g), (i), and (j): permanent, temporary, or transient residence;
  459  name; vehicles owned; electronic mail addresses; Internet
  460  identifiers and each Internet identifier’s corresponding website
  461  homepage or application software name; home and cellular
  462  telephone numbers; employment information; and change in status
  463  at an institution of higher education. When a sexual predator
  464  registers with the sheriff’s office, the sheriff shall take a
  465  photograph, a set of fingerprints, and palm prints of the
  466  predator and forward the photographs, palm prints, and
  467  fingerprints to the department, along with the information that
  468  the predator is required to provide pursuant to this section.
  469         (10) PENALTIES.—
  470         (g) Any person who has reason to believe that a sexual
  471  predator is not complying, or has not complied, with the
  472  requirements of this section and who, with the intent to assist
  473  the sexual predator in eluding a law enforcement agency that is
  474  seeking to find the sexual predator to question the sexual
  475  predator about, or to arrest the sexual predator for, his or her
  476  noncompliance with the requirements of this section:
  477         1. Withholds information from, or does not notify, the law
  478  enforcement agency about the sexual predator’s noncompliance
  479  with the requirements of this section, and, if known, the
  480  whereabouts of the sexual predator;
  481         2. Harbors, or attempts to harbor, or assists another
  482  person in harboring or attempting to harbor, the sexual
  483  predator;
  484         3. Conceals or attempts to conceal, or assists another
  485  person in concealing or attempting to conceal, the sexual
  486  predator; or
  487         4. Provides information to the law enforcement agency
  488  regarding the sexual predator which the person knows to be false
  489  information,
  490  
  491  commits a felony of the third degree, punishable as provided in
  492  s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
  493  apply if the sexual predator is incarcerated in or is in the
  494  custody of a state correctional facility, a contractor-operated
  495  private correctional facility, a local jail, or a federal
  496  correctional facility.
  497         Section 11. Paragraph (a) of subsection (3) and paragraph
  498  (a) of subsection (4) of section 775.261, Florida Statutes, are
  499  amended to read:
  500         775.261 The Florida Career Offender Registration Act.—
  501         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  502         (a) A career offender released on or after July 1, 2002,
  503  from a sanction imposed in this state must register as required
  504  under subsection (4) and is subject to community and public
  505  notification as provided under subsection (5). For purposes of
  506  this section, a sanction imposed in this state includes, but is
  507  not limited to, a fine, probation, community control, parole,
  508  conditional release, control release, or incarceration in a
  509  state prison, contractor-operated private correctional facility,
  510  or local detention facility, and:
  511         1. The career offender has not received a pardon for any
  512  felony or other qualified offense that is necessary for the
  513  operation of this paragraph; or
  514         2. A conviction of a felony or other qualified offense
  515  necessary to the operation of this paragraph has not been set
  516  aside in any postconviction proceeding.
  517         (4) REGISTRATION.—
  518         (a) A career offender must register with the department by
  519  providing the following information to the department, or to the
  520  sheriff’s office in the county in which the career offender
  521  establishes or maintains a permanent or temporary residence,
  522  within 2 working days after establishing permanent or temporary
  523  residence in this state or within 2 working days after being
  524  released from the custody, control, or supervision of the
  525  Department of Corrections or from the custody of a contractor
  526  operated private correctional facility:
  527         1. Name, social security number, age, race, gender, date of
  528  birth, height, weight, hair and eye color, photograph, address
  529  of legal residence and address of any current temporary
  530  residence within the state or out of state, including a rural
  531  route address or a post office box, date and place of any
  532  employment, date and place of each conviction, fingerprints, and
  533  a brief description of the crime or crimes committed by the
  534  career offender. A career offender may not provide a post office
  535  box in lieu of a physical residential address. If the career
  536  offender’s place of residence is a motor vehicle, trailer,
  537  mobile home, or manufactured home, as defined in chapter 320,
  538  the career offender shall also provide to the department written
  539  notice of the vehicle identification number; the license tag
  540  number; the registration number; and a description, including
  541  color scheme, of the motor vehicle, trailer, mobile home, or
  542  manufactured home. If a career offender’s place of residence is
  543  a vessel, live-aboard vessel, or houseboat, as defined in
  544  chapter 327, the career offender shall also provide to the
  545  department written notice of the hull identification number; the
  546  manufacturer’s serial number; the name of the vessel, live
  547  aboard vessel, or houseboat; the registration number; and a
  548  description, including color scheme, of the vessel, live-aboard
  549  vessel, or houseboat.
  550         2. Any other information determined necessary by the
  551  department, including criminal and corrections records;
  552  nonprivileged personnel and treatment records; and evidentiary
  553  genetic markers when available.
  554         Section 12. Subsection (1) of section 784.078, Florida
  555  Statutes, is amended to read:
  556         784.078 Battery of facility employee by throwing, tossing,
  557  or expelling certain fluids or materials.—
  558         (1) As used in this section, the term “facility” means a
  559  state correctional institution defined in s. 944.02(8); a
  560  contractor-operated private correctional facility defined in s.
  561  944.710 or under chapter 957; a county, municipal, or regional
  562  jail or other detention facility of local government under
  563  chapter 950 or chapter 951; or a secure facility operated and
  564  maintained by the Department of Corrections or the Department of
  565  Juvenile Justice.
  566         Section 13. Subsection (1) of section 800.09, Florida
  567  Statutes, is amended to read:
  568         800.09 Lewd or lascivious exhibition in the presence of an
  569  employee.—
  570         (1) As used in this section, the term:
  571         (a) “Employee” means:
  572         1. Any person employed by or performing contractual
  573  services for a public or private entity operating a state
  574  correctional institution or contractor-operated private
  575  correctional facility;
  576         2. Any person employed by or performing contractual
  577  services for the corporation operating the prison industry
  578  enhancement programs or the correctional work programs under
  579  part II of chapter 946;
  580         3. Any person who is a parole examiner with the Florida
  581  Commission on Offender Review; or
  582         4. Any person employed at or performing contractual
  583  services for a county detention facility.
  584         (b) “Facility” means a state correctional institution as
  585  defined in s. 944.02, a contractor-operated private correctional
  586  facility as defined in s. 944.710, or a county detention
  587  facility as defined in s. 951.23.
  588         Section 14. Paragraphs (b) and (h) of subsection (1) and
  589  paragraph (a) of subsection (2) of section 943.0435, Florida
  590  Statutes, are amended to read:
  591         943.0435 Sexual offenders required to register with the
  592  department; penalty.—
  593         (1) As used in this section, the term:
  594         (b) “Convicted” means that there has been a determination
  595  of guilt as a result of a trial or the entry of a plea of guilty
  596  or nolo contendere, regardless of whether adjudication is
  597  withheld, and includes an adjudication of delinquency of a
  598  juvenile as specified in this section. Conviction of a similar
  599  offense includes, but is not limited to, a conviction by a
  600  federal or military tribunal, including courts-martial conducted
  601  by the Armed Forces of the United States, and includes a
  602  conviction or entry of a plea of guilty or nolo contendere
  603  resulting in a sanction in any state of the United States or
  604  other jurisdiction. A sanction includes, but is not limited to,
  605  a fine, probation, community control, parole, conditional
  606  release, control release, or incarceration in a state prison,
  607  federal prison, contractor-operated private correctional
  608  facility, or local detention facility.
  609         (h)1. “Sexual offender” means a person who meets the
  610  criteria in sub-subparagraph a., sub-subparagraph b., sub
  611  subparagraph c., or sub-subparagraph d., as follows:
  612         a.(I) Has been convicted of committing, or attempting,
  613  soliciting, or conspiring to commit, any of the criminal
  614  offenses proscribed in the following statutes in this state or
  615  similar offenses in another jurisdiction: s. 393.135(2); s.
  616  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  617  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  618  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  619  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  620  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  621  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  622  s. 895.03, if the court makes a written finding that the
  623  racketeering activity involved at least one sexual offense
  624  listed in this sub-sub-subparagraph or at least one offense
  625  listed in this sub-sub-subparagraph with sexual intent or
  626  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  627  committed in this state which has been redesignated from a
  628  former statute number to one of those listed in this sub-sub
  629  subparagraph; and
  630         (II) Has been released on or after October 1, 1997, from a
  631  sanction imposed for any conviction of an offense described in
  632  sub-sub-subparagraph (I) and does not otherwise meet the
  633  criteria for registration as a sexual offender under chapter 944
  634  or chapter 985. For purposes of this sub-sub-subparagraph, a
  635  sanction imposed in this state or in any other jurisdiction
  636  means probation, community control, parole, conditional release,
  637  control release, or incarceration in a state prison, federal
  638  prison, contractor-operated private correctional facility, or
  639  local detention facility. If no sanction is imposed, the person
  640  is deemed to be released upon conviction;
  641         b. Establishes or maintains a residence in this state and
  642  who has not been designated as a sexual predator by a court of
  643  this state but who has been designated as a sexual predator, as
  644  a sexually violent predator, or by another sexual offender
  645  designation in another state or jurisdiction and was, as a
  646  result of such designation, subjected to registration or
  647  community or public notification, or both, or would be if the
  648  person were a resident of that state or jurisdiction, without
  649  regard to whether the person otherwise meets the criteria for
  650  registration as a sexual offender;
  651         c. Establishes or maintains a residence in this state who
  652  is in the custody or control of, or under the supervision of,
  653  any other state or jurisdiction as a result of a conviction for
  654  committing, or attempting, soliciting, or conspiring to commit,
  655  any of the criminal offenses proscribed in the following
  656  statutes or similar offense in another jurisdiction: s.
  657  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  658  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  659  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  660  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  661  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  662  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  663  s. 847.0145; s. 895.03, if the court makes a written finding
  664  that the racketeering activity involved at least one sexual
  665  offense listed in this sub-subparagraph or at least one offense
  666  listed in this sub-subparagraph with sexual intent or motive; s.
  667  916.1075(2); or s. 985.701(1); or any similar offense committed
  668  in this state which has been redesignated from a former statute
  669  number to one of those listed in this sub-subparagraph; or
  670         d. On or after July 1, 2007, has been adjudicated
  671  delinquent for committing, or attempting, soliciting, or
  672  conspiring to commit, any of the criminal offenses proscribed in
  673  the following statutes in this state or similar offenses in
  674  another jurisdiction when the juvenile was 14 years of age or
  675  older at the time of the offense:
  676         (I) Section 794.011, excluding s. 794.011(10);
  677         (II) Section 800.04(4)(a)2. where the victim is under 12
  678  years of age or where the court finds sexual activity by the use
  679  of force or coercion;
  680         (III) Section 800.04(5)(c)1. where the court finds
  681  molestation involving unclothed genitals;
  682         (IV) Section 800.04(5)(d) where the court finds the use of
  683  force or coercion and unclothed genitals; or
  684         (V) Any similar offense committed in this state which has
  685  been redesignated from a former statute number to one of those
  686  listed in this sub-subparagraph.
  687         2. For all qualifying offenses listed in sub-subparagraph
  688  1.d., the court shall make a written finding of the age of the
  689  offender at the time of the offense.
  690  
  691  For each violation of a qualifying offense listed in this
  692  subsection, except for a violation of s. 794.011, the court
  693  shall make a written finding of the age of the victim at the
  694  time of the offense. For a violation of s. 800.04(4), the court
  695  shall also make a written finding indicating whether the offense
  696  involved sexual activity and indicating whether the offense
  697  involved force or coercion. For a violation of s. 800.04(5), the
  698  court shall also make a written finding that the offense did or
  699  did not involve unclothed genitals or genital area and that the
  700  offense did or did not involve the use of force or coercion.
  701         (2) Upon initial registration, a sexual offender shall:
  702         (a) Report in person at the sheriff’s office:
  703         1. In the county in which the offender establishes or
  704  maintains a permanent, temporary, or transient residence within
  705  48 hours after:
  706         a. Establishing permanent, temporary, or transient
  707  residence in this state; or
  708         b. Being released from the custody, control, or supervision
  709  of the Department of Corrections or from the custody of a
  710  contractor-operated private correctional facility; or
  711         2. In the county where he or she was convicted within 48
  712  hours after being convicted for a qualifying offense for
  713  registration under this section if the offender is not in the
  714  custody or control of, or under the supervision of, the
  715  Department of Corrections, or is not in the custody of a
  716  contractor-operated private correctional facility.
  717  
  718  Any change in the information required to be provided pursuant
  719  to paragraph (b), including, but not limited to, any change in
  720  the sexual offender’s permanent, temporary, or transient
  721  residence; name; electronic mail addresses; Internet identifiers
  722  and each Internet identifier’s corresponding website homepage or
  723  application software name; home telephone numbers and cellular
  724  telephone numbers; employment information; and any change in
  725  status at an institution of higher education after the sexual
  726  offender reports in person at the sheriff’s office must be
  727  reported in the manner provided in subsections (4), (7), and
  728  (8).
  729  
  730  When a sexual offender reports at the sheriff’s office, the
  731  sheriff shall take a photograph, a set of fingerprints, and palm
  732  prints of the offender and forward the photographs, palm prints,
  733  and fingerprints to the department, along with the information
  734  provided by the sexual offender. The sheriff shall promptly
  735  provide to the department the information received from the
  736  sexual offender.
  737         Section 15. Subsections (5) and (8) of section 943.13,
  738  Florida Statutes, are amended to read:
  739         943.13 Officers’ minimum qualifications for employment or
  740  appointment.—On or after October 1, 1984, any person employed or
  741  appointed as a full-time, part-time, or auxiliary law
  742  enforcement officer or correctional officer; on or after October
  743  1, 1986, any person employed as a full-time, part-time, or
  744  auxiliary correctional probation officer; and on or after
  745  October 1, 1986, any person employed as a full-time, part-time,
  746  or auxiliary correctional officer by a private entity under
  747  contract to the Department of Corrections or to a county
  748  commission shall:
  749         (5) Have documentation of his or her processed fingerprints
  750  on file with the employing agency or, if a contractor-employed
  751  private correctional officer, have documentation of his or her
  752  processed fingerprints on file with the Department of
  753  Corrections or the Criminal Justice Standards and Training
  754  Commission. The department shall retain and enter into the
  755  statewide automated biometric identification system authorized
  756  by s. 943.05 all fingerprints submitted to the department as
  757  required by this section. Thereafter, the fingerprints shall be
  758  available for all purposes and uses authorized for arrest
  759  fingerprints entered in the statewide automated biometric
  760  identification system pursuant to s. 943.051. The department
  761  shall search all arrest fingerprints received pursuant to s.
  762  943.051 against the fingerprints retained in the statewide
  763  automated biometric identification system pursuant to this
  764  section and report to the employing agency any arrest records
  765  that are identified with the retained employee’s fingerprints.
  766  These fingerprints must be forwarded to the department for
  767  processing and retention.
  768         (8) Execute and submit to the employing agency or, if a
  769  contractor-employed private correctional officer, submit to the
  770  appropriate governmental entity an affidavit-of-applicant form,
  771  adopted by the commission, attesting to his or her compliance
  772  with subsections (1)-(7). The affidavit shall require the
  773  applicant to disclose any pending investigation by a local,
  774  state, or federal agency or entity for criminal, civil, or
  775  administrative wrongdoing and whether the applicant separated or
  776  resigned from previous criminal justice employment while he or
  777  she was under investigation. The affidavit shall be executed
  778  under oath and constitutes an official statement within the
  779  purview of s. 837.06. The affidavit shall include conspicuous
  780  language that the intentional false execution of the affidavit
  781  constitutes a misdemeanor of the second degree. The affidavit
  782  shall be retained by the employing agency.
  783         Section 16. Paragraph (g) of subsection (2) of section
  784  943.325, Florida Statutes, is amended to read:
  785         943.325 DNA database.—
  786         (2) DEFINITIONS.—As used in this section, the term:
  787         (g) “Qualifying offender” means any person, including
  788  juveniles and adults, who is:
  789         1.a. Committed to a county jail;
  790         b. Committed to or under the supervision of the Department
  791  of Corrections, including persons incarcerated in a contractor
  792  operated private correctional institution operated under
  793  contract pursuant to s. 944.105;
  794         c. Committed to or under the supervision of the Department
  795  of Juvenile Justice;
  796         d. Transferred to this state under the Interstate Compact
  797  on Juveniles, part XIII of chapter 985; or
  798         e. Accepted under Article IV of the Interstate Corrections
  799  Compact, part III of chapter 941; and who is:
  800         2.a. Convicted of any felony offense or attempted felony
  801  offense in this state or of a similar offense in another
  802  jurisdiction;
  803         b. Convicted of a misdemeanor violation of s. 784.048, s.
  804  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  805  offense that was found, pursuant to s. 874.04, to have been
  806  committed for the purpose of benefiting, promoting, or
  807  furthering the interests of a criminal gang as defined in s.
  808  874.03;
  809         c. Arrested for any felony offense or attempted felony
  810  offense in this state; or
  811         d. In the custody of a law enforcement agency and is
  812  subject to an immigration detainer issued by a federal
  813  immigration agency.
  814         Section 17. Subsections (4), (5), and (7) of section
  815  944.105, Florida Statutes, are amended to read:
  816         944.105 Contractual arrangements with contractor-operated
  817  private entities for operation and maintenance of correctional
  818  facilities and supervision of inmates.—
  819         (4) A contractor-employed private correctional officer may
  820  use force only while on the grounds of a facility, while
  821  transporting inmates, and while pursuing escapees from a
  822  facility. A contractor-employed private correctional officer may
  823  use nondeadly force in the following situations:
  824         (a) To prevent the commission of a felony or a misdemeanor,
  825  including escape.
  826         (b) To defend oneself or others against physical assault.
  827         (c) To prevent serious damage to property.
  828         (d) To enforce institutional regulations and orders.
  829         (e) To prevent or quell a riot.
  830  
  831  Contractor-employed Private correctional officers may carry and
  832  use firearms and may use deadly force only as a last resort, and
  833  then only to prevent an act that could result in death or
  834  serious bodily injury to oneself or to another person.
  835         (5) Contractor-employed Private correctional officers shall
  836  be trained in the use of force and the use of firearms and shall
  837  be trained at the contractor-operated private firm’s expense, at
  838  the facilities that train correctional officers employed by the
  839  department.
  840         (7) The department shall require the certification of
  841  contractor-employed private correctional officers at the private
  842  vendor’s expense under s. 943.1395, and all such officers must
  843  meet the minimum qualifications established in s. 943.13. All
  844  other employees of the private vendor that perform their duties
  845  at the contractor-operated private correctional facility shall
  846  receive, at a minimum, the same quality and quantity of training
  847  as that required by the state for employees of state-operated
  848  correctional facilities. All training expenses shall be the
  849  responsibility of the private vendor. The department shall be
  850  the contributor and recipient of all criminal background
  851  information necessary for certification by the Criminal Justice
  852  Standards and Training Commission.
  853         Section 18. Subsections (1), (2), (3), and (4) of section
  854  944.151, Florida Statutes, are amended to read:
  855         944.151 Safe operation and security of correctional
  856  institutions and facilities.—It is the intent of the Legislature
  857  that the Department of Corrections shall be responsible for the
  858  safe operation and security of the correctional institutions and
  859  facilities. The safe operation and security of the state’s
  860  correctional institutions and facilities are critical to ensure
  861  public safety and the safety of department employees and
  862  offenders, and to contain violent and chronic offenders until
  863  offenders are otherwise released from the department’s custody
  864  pursuant to law. The Secretary of Corrections shall, at a
  865  minimum:
  866         (1) Appoint appropriate department staff to a safety and
  867  security review committee that shall evaluate new safety and
  868  security technology, review and discuss current issues impacting
  869  state and contractor-operated private correctional institutions
  870  and facilities, and review and discuss other issues as requested
  871  by department management.
  872         (2) Direct appropriate department staff to establish a
  873  periodic schedule for the physical inspection of buildings and
  874  structures of each state and contractor-operated private
  875  correctional institution and facility to determine safety and
  876  security deficiencies. In scheduling the inspections, priority
  877  shall be given to older institutions and facilities;
  878  institutions and facilities that house a large proportion of
  879  violent offenders; institutions and facilities that have
  880  experienced a significant number of inappropriate incidents of
  881  use of force on inmates, assaults on employees, or inmate sexual
  882  abuse; and institutions and facilities that have experienced a
  883  significant number of escapes or escape attempts in the past.
  884         (3) Direct appropriate department staff to conduct or cause
  885  to be conducted announced and unannounced comprehensive security
  886  audits of all state and contractor-operated private correctional
  887  institutions and facilities. Priority shall be given to those
  888  institutions and facilities that have experienced a significant
  889  number of inappropriate incidents of use of force on inmates,
  890  assaults on employees, or sexual abuse. At a minimum, the audit
  891  must include an evaluation of the physical plant, landscaping,
  892  fencing, security alarms and perimeter lighting, and
  893  confinement, arsenal, key and lock, and entrance and exit
  894  policies. The evaluation of the physical plant policies must
  895  include the identification of blind spots or areas where staff
  896  or inmates may be isolated and the deployment of video
  897  monitoring systems and other appropriate monitoring technologies
  898  in such spots or areas. Each correctional institution and
  899  facility shall be audited at least annually. The secretary shall
  900  annually report the audit findings to the Governor and the
  901  Legislature.
  902         (4) Direct appropriate department staff to investigate and
  903  evaluate the usefulness and dependability of existing safety and
  904  security technology at state and contractor-operated private
  905  correctional institutions and facilities, investigate and
  906  evaluate new available safety and security technology, and make
  907  periodic written recommendations to the secretary on the
  908  discontinuation or purchase of various safety and security
  909  devices.
  910         Section 19. Paragraph (b) of subsection (3) of section
  911  944.17, Florida Statutes, is amended to read:
  912         944.17 Commitments and classification; transfers.—
  913         (3)
  914         (b) Notwithstanding paragraph (a), any prisoner
  915  incarcerated in the state correctional system or contractor
  916  operated private correctional facility operated pursuant to
  917  chapter 957 who is convicted in circuit or county court of a
  918  crime committed during that incarceration shall serve the
  919  sentence imposed for that crime within the state correctional
  920  system regardless of the length of sentence or classification of
  921  the offense.
  922         Section 20. Paragraph (b) of subsection (3) of section
  923  944.35, Florida Statutes, is amended to read:
  924         944.35 Authorized use of force; malicious battery and
  925  sexual misconduct prohibited; reporting required; penalties.—
  926         (3)
  927         (b)1. As used in this paragraph, the term:
  928         a. “Female genitals” includes the labia minora, labia
  929  majora, clitoris, vulva, hymen, and vagina.
  930         b. “Contractor-operated Private correctional facility” has
  931  the same meaning as in s. 944.710.
  932         c. “Sexual misconduct” means the oral, anal, or female
  933  genital penetration by, or union with, the sexual organ of
  934  another or the anal or female genital penetration of another by
  935  any other object, but does not include an act done for a bona
  936  fide medical purpose or an internal search conducted in the
  937  lawful performance of the employee’s duty.
  938         d. “Volunteer” means a person registered with the
  939  department or a contractor-operated private correctional
  940  facility who is engaged in specific voluntary service activities
  941  on an ongoing or continual basis.
  942         2. Any employee of the department or a contractor-operated
  943  private correctional facility or any volunteer in, or any
  944  employee of a contractor or subcontractor of, the department or
  945  a contractor-operated private correctional facility who engages
  946  in sexual misconduct with an inmate or an offender supervised by
  947  the department in the community, without committing the crime of
  948  sexual battery, commits a felony of the third degree, punishable
  949  as provided in s. 775.082, s. 775.083, or s. 775.084.
  950         3. The consent of the inmate or offender supervised by the
  951  department in the community to any act of sexual misconduct may
  952  not be raised as a defense to a prosecution under this
  953  paragraph.
  954         4. This paragraph does not apply to any employee,
  955  volunteer, or employee of a contractor or subcontractor of the
  956  department or any employee, volunteer, or employee of a
  957  contractor or subcontractor of a contractor-operated private
  958  correctional facility who is legally married to an inmate or an
  959  offender supervised by the department in the community, nor does
  960  it apply to any employee, volunteer, or employee of a contractor
  961  or subcontractor who has no knowledge, and would have no reason
  962  to believe, that the person with whom the employee, volunteer,
  963  or employee of a contractor or subcontractor has engaged in
  964  sexual misconduct is an inmate or an offender under community
  965  supervision of the department.
  966         Section 21. Section 944.40, Florida Statutes, is amended to
  967  read:
  968         944.40 Escapes; penalty.—Any prisoner confined in, or
  969  released on furlough from, any prison, jail, contractor-operated
  970  private correctional facility, road camp, or other penal
  971  institution, whether operated by the state, a county, or a
  972  municipality, or operated under a contract with the state, a
  973  county, or a municipality, working upon the public roads, or
  974  being transported to or from a place of confinement who escapes
  975  or attempts to escape from such confinement commits a felony of
  976  the second degree, punishable as provided in s. 775.082, s.
  977  775.083, or s. 775.084. The punishment of imprisonment imposed
  978  under this section shall run consecutive to any former sentence
  979  imposed upon any prisoner.
  980         Section 22. Subsections (1) and (2) of section 944.605,
  981  Florida Statutes, are amended to read:
  982         944.605 Inmate release; notification; identification card.—
  983         (1) Within 6 months before the release of an inmate from
  984  the custody of the Department of Corrections or a contractor
  985  operated private correctional facility by expiration of sentence
  986  under s. 944.275, any release program provided by law, or parole
  987  under chapter 947, or as soon as possible if the offender is
  988  released earlier than anticipated, notification of such
  989  anticipated release date shall be made known by the Department
  990  of Corrections to the chief judge of the circuit in which the
  991  offender was sentenced, the appropriate state attorney, the
  992  original arresting law enforcement agency, the Department of Law
  993  Enforcement, and the sheriff as chief law enforcement officer of
  994  the county in which the inmate plans to reside. In addition,
  995  unless otherwise requested by the victim, the victim’s parent or
  996  guardian if the victim is a minor, the lawful representative of
  997  the victim or of the victim’s parent or guardian if the victim
  998  is a minor, the victim’s next of kin in the case of a homicide,
  999  the state attorney or the Department of Corrections, whichever
 1000  is appropriate, shall notify such person within 6 months before
 1001  the inmate’s release, or as soon as possible if the offender is
 1002  released earlier than anticipated, when the name and address of
 1003  such victim, or the name and address of the parent, guardian,
 1004  next of kin, or lawful representative of the victim has been
 1005  furnished to the agency. The state attorney shall provide the
 1006  latest address documented for the victim, or for the victim’s
 1007  parent, guardian, next of kin, or lawful representative, as
 1008  applicable, to the sheriff with the other documents required by
 1009  law for the delivery of inmates to those agencies for service of
 1010  sentence. Upon request, within 30 days after an inmate is
 1011  approved for community work release, the state attorney, the
 1012  victim, the victim’s parent or guardian if the victim is a
 1013  minor, the victim’s next of kin in the case of a homicide, or
 1014  the lawful representative of the victim or of the victim’s
 1015  parent or guardian if the victim is a minor shall be notified
 1016  that the inmate has been approved for community work release.
 1017  This section does not imply any repeal or modification of any
 1018  provision of law relating to notification of victims.
 1019         (2) Within 60 days before the anticipated release of an
 1020  inmate under subsection (1), a digitized photograph of the
 1021  inmate to be released shall be made by the Department of
 1022  Corrections or a contractor-operated private correctional
 1023  facility, whichever has custody of the inmate. If a contractor
 1024  operated private correctional facility makes the digitized
 1025  photograph, this photograph shall be provided to the Department
 1026  of Corrections. Additionally, the digitized photograph, whether
 1027  made by the Department of Corrections or a contractor-operated
 1028  private correctional facility, shall be placed in the inmate’s
 1029  file. The Department of Corrections shall make the digitized
 1030  photograph available electronically to the Department of Law
 1031  Enforcement as soon as the digitized photograph is in the
 1032  department’s database and must be in a format that is compatible
 1033  with the requirements of the Florida Crime Information Center.
 1034  The department shall provide a copy of the digitized photograph
 1035  to a local law enforcement agency upon request.
 1036         Section 23. Paragraph (a) of subsection (1) and paragraph
 1037  (a) of subsection (3) of section 944.606, Florida Statutes, are
 1038  amended to read:
 1039         944.606 Sexual offenders; notification upon release.—
 1040         (1) As used in this section, the term:
 1041         (a) “Convicted” means there has been a determination of
 1042  guilt as a result of a trial or the entry of a plea of guilty or
 1043  nolo contendere, regardless of whether adjudication is withheld.
 1044  A conviction for a similar offense includes, but is not limited
 1045  to, a conviction by a federal or military tribunal, including
 1046  courts-martial conducted by the Armed Forces of the United
 1047  States, and includes a conviction or entry of a plea of guilty
 1048  or nolo contendere resulting in a sanction in any state of the
 1049  United States or other jurisdiction. A sanction includes, but is
 1050  not limited to, a fine; probation; community control; parole;
 1051  conditional release; control release; or incarceration in a
 1052  state prison, federal prison, contractor-operated private
 1053  correctional facility, or local detention facility.
 1054         (3)(a) The department shall provide information regarding
 1055  any sexual offender who is being released after serving a period
 1056  of incarceration for any offense, as follows:
 1057         1. The department shall provide: the sexual offender’s
 1058  name, any change in the offender’s name by reason of marriage or
 1059  other legal process, and any alias, if known; the correctional
 1060  facility from which the sexual offender is released; the sexual
 1061  offender’s social security number, race, sex, date of birth,
 1062  height, weight, and hair and eye color; tattoos or other
 1063  identifying marks; address of any planned permanent residence or
 1064  temporary residence, within the state or out of state, including
 1065  a rural route address and a post office box; if no permanent or
 1066  temporary address, any transient residence within the state;
 1067  address, location or description, and dates of any known future
 1068  temporary residence within the state or out of state; date and
 1069  county of sentence and each crime for which the offender was
 1070  sentenced; a copy of the offender’s fingerprints, palm prints,
 1071  and a digitized photograph taken within 60 days before release;
 1072  the date of release of the sexual offender; all electronic mail
 1073  addresses and all Internet identifiers required to be provided
 1074  pursuant to s. 943.0435(4)(e); employment information, if known,
 1075  provided pursuant to s. 943.0435(4)(e); all home telephone
 1076  numbers and cellular telephone numbers required to be provided
 1077  pursuant to s. 943.0435(4)(e); information about any
 1078  professional licenses the offender has, if known; and passport
 1079  information, if he or she has a passport, and, if he or she is
 1080  an alien, information about documents establishing his or her
 1081  immigration status. The department shall notify the Department
 1082  of Law Enforcement if the sexual offender escapes, absconds, or
 1083  dies. If the sexual offender is in the custody of a contractor
 1084  operated private correctional facility, the facility shall take
 1085  the digitized photograph of the sexual offender within 60 days
 1086  before the sexual offender’s release and provide this photograph
 1087  to the Department of Corrections and also place it in the sexual
 1088  offender’s file. If the sexual offender is in the custody of a
 1089  local jail, the custodian of the local jail shall register the
 1090  offender within 3 business days after intake of the offender for
 1091  any reason and upon release, and shall notify the Department of
 1092  Law Enforcement of the sexual offender’s release and provide to
 1093  the Department of Law Enforcement the information specified in
 1094  this paragraph and any information specified in subparagraph 2.
 1095  that the Department of Law Enforcement requests.
 1096         2. The department may provide any other information deemed
 1097  necessary, including criminal and corrections records,
 1098  nonprivileged personnel and treatment records, when available.
 1099         Section 24. Paragraphs (b) and (f) of subsection (1),
 1100  paragraph (g) of subsection (6), and subsection (12) of section
 1101  944.607, Florida Statutes, are amended to read:
 1102         944.607 Notification to Department of Law Enforcement of
 1103  information on sexual offenders.—
 1104         (1) As used in this section, the term:
 1105         (b) “Conviction” means a determination of guilt which is
 1106  the result of a trial or the entry of a plea of guilty or nolo
 1107  contendere, regardless of whether adjudication is withheld.
 1108  Conviction of a similar offense includes, but is not limited to,
 1109  a conviction by a federal or military tribunal, including
 1110  courts-martial conducted by the Armed Forces of the United
 1111  States, and includes a conviction or entry of a plea of guilty
 1112  or nolo contendere resulting in a sanction in any state of the
 1113  United States or other jurisdiction. A sanction includes, but is
 1114  not limited to, a fine; probation; community control; parole;
 1115  conditional release; control release; or incarceration in a
 1116  state prison, federal prison, contractor-operated private
 1117  correctional facility, or local detention facility.
 1118         (f) “Sexual offender” means a person who is in the custody
 1119  or control of, or under the supervision of, the department or is
 1120  in the custody of a contractor-operated private correctional
 1121  facility:
 1122         1. On or after October 1, 1997, as a result of a conviction
 1123  for committing, or attempting, soliciting, or conspiring to
 1124  commit, any of the criminal offenses proscribed in the following
 1125  statutes in this state or similar offenses in another
 1126  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1127  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
 1128  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1129  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1130  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1131  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1132  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
 1133  makes a written finding that the racketeering activity involved
 1134  at least one sexual offense listed in this subparagraph or at
 1135  least one offense listed in this subparagraph with sexual intent
 1136  or motive; s. 916.1075(2); or s. 985.701(1); or any similar
 1137  offense committed in this state which has been redesignated from
 1138  a former statute number to one of those listed in this
 1139  paragraph; or
 1140         2. Who establishes or maintains a residence in this state
 1141  and who has not been designated as a sexual predator by a court
 1142  of this state but who has been designated as a sexual predator,
 1143  as a sexually violent predator, or by another sexual offender
 1144  designation in another state or jurisdiction and was, as a
 1145  result of such designation, subjected to registration or
 1146  community or public notification, or both, or would be if the
 1147  person were a resident of that state or jurisdiction, without
 1148  regard as to whether the person otherwise meets the criteria for
 1149  registration as a sexual offender.
 1150         (6) The information provided to the Department of Law
 1151  Enforcement must include:
 1152         (g) A digitized photograph of the sexual offender which
 1153  must have been taken within 60 days before the offender is
 1154  released from the custody of the department or a contractor
 1155  operated private correctional facility by expiration of sentence
 1156  under s. 944.275 or must have been taken by January 1, 1998, or
 1157  within 60 days after the onset of the department’s supervision
 1158  of any sexual offender who is on probation, community control,
 1159  conditional release, parole, provisional release, or control
 1160  release or who is supervised by the department under the
 1161  Interstate Compact Agreement for Probationers and Parolees. If
 1162  the sexual offender is in the custody of a contractor-operated
 1163  private correctional facility, the facility shall take a
 1164  digitized photograph of the sexual offender within the time
 1165  period provided in this paragraph and shall provide the
 1166  photograph to the department.
 1167  
 1168  If any information provided by the department changes during the
 1169  time the sexual offender is under the department’s control,
 1170  custody, or supervision, including any change in the offender’s
 1171  name by reason of marriage or other legal process, the
 1172  department shall, in a timely manner, update the information and
 1173  provide it to the Department of Law Enforcement in the manner
 1174  prescribed in subsection (2).
 1175         (12) Any person who has reason to believe that a sexual
 1176  offender is not complying, or has not complied, with the
 1177  requirements of this section and who, with the intent to assist
 1178  the sexual offender in eluding a law enforcement agency that is
 1179  seeking to find the sexual offender to question the sexual
 1180  offender about, or to arrest the sexual offender for, his or her
 1181  noncompliance with the requirements of this section:
 1182         (a) Withholds information from, or does not notify, the law
 1183  enforcement agency about the sexual offender’s noncompliance
 1184  with the requirements of this section, and, if known, the
 1185  whereabouts of the sexual offender;
 1186         (b) Harbors, or attempts to harbor, or assists another
 1187  person in harboring or attempting to harbor, the sexual
 1188  offender; or
 1189         (c) Conceals or attempts to conceal, or assists another
 1190  person in concealing or attempting to conceal, the sexual
 1191  offender; or
 1192         (d) Provides information to the law enforcement agency
 1193  regarding the sexual offender which the person knows to be false
 1194  information,
 1195  
 1196  commits a felony of the third degree, punishable as provided in
 1197  s. 775.082, s. 775.083, or s. 775.084. This subsection does not
 1198  apply if the sexual offender is incarcerated in or is in the
 1199  custody of a state correctional facility, a contractor-operated
 1200  private correctional facility, a local jail, or a federal
 1201  correctional facility.
 1202         Section 25. Subsection (1) and paragraph (e) of subsection
 1203  (5) of section 944.608, Florida Statutes, are amended to read:
 1204         944.608 Notification to Department of Law Enforcement of
 1205  information on career offenders.—
 1206         (1) As used in this section, the term “career offender”
 1207  means a person who is in the custody or control of, or under the
 1208  supervision of, the department or is in the custody or control
 1209  of, or under the supervision of, a contractor-operated private
 1210  correctional facility, and who is designated as a habitual
 1211  violent felony offender, a violent career criminal, or a three
 1212  time violent felony offender under s. 775.084 or as a prison
 1213  releasee reoffender under s. 775.082(9).
 1214         (5) The information provided to the Department of Law
 1215  Enforcement must include:
 1216         (e) A digitized photograph of the career offender, which
 1217  must have been taken within 60 days before the career offender
 1218  is released from the custody of the department or a contractor
 1219  operated private correctional facility or within 60 days after
 1220  the onset of the department’s supervision of any career offender
 1221  who is on probation, community control, conditional release,
 1222  parole, provisional release, or control release. If the career
 1223  offender is in the custody or control of, or under the
 1224  supervision of, a contractor-operated private correctional
 1225  facility, the facility shall take a digitized photograph of the
 1226  career offender within the time period provided in this
 1227  paragraph and shall provide the photograph to the department.
 1228         Section 26. Subsection (1) and paragraph (a) of subsection
 1229  (3) of section 944.609, Florida Statutes, are amended to read:
 1230         944.609 Career offenders; notification upon release.—
 1231         (1) As used in this section, the term “career offender”
 1232  means a person who is in the custody or control of, or under the
 1233  supervision of, the department or is in the custody or control
 1234  of, or under the supervision of a contractor-operated private
 1235  correctional facility, who is designated as a habitual violent
 1236  felony offender, a violent career criminal, or a three-time
 1237  violent felony offender under s. 775.084 or as a prison releasee
 1238  reoffender under s. 775.082(9).
 1239         (3)(a) The department must provide information regarding
 1240  any career offender who is being released after serving a period
 1241  of incarceration for any offense, as follows:
 1242         1. The department must provide the career offender’s name,
 1243  any change in the career offender’s name by reason of marriage
 1244  or other legal process, and any alias, if known; the
 1245  correctional facility from which the career offender is
 1246  released; the career offender’s social security number, race,
 1247  gender, date of birth, height, weight, and hair and eye color;
 1248  date and county of sentence and each crime for which the career
 1249  offender was sentenced; a copy of the career offender’s
 1250  fingerprints and a digitized photograph taken within 60 days
 1251  before release; the date of release of the career offender; and
 1252  the career offender’s intended residence address, if known. The
 1253  department shall notify the Department of Law Enforcement if the
 1254  career offender escapes, absconds, or dies. If the career
 1255  offender is in the custody of a contractor-operated private
 1256  correctional facility, the facility shall take the digitized
 1257  photograph of the career offender within 60 days before the
 1258  career offender’s release and provide this photograph to the
 1259  Department of Corrections and also place it in the career
 1260  offender’s file. If the career offender is in the custody of a
 1261  local jail, the custodian of the local jail shall notify the
 1262  Department of Law Enforcement of the career offender’s release
 1263  and provide to the Department of Law Enforcement the information
 1264  specified in this paragraph and any information specified in
 1265  subparagraph 2. which the Department of Law Enforcement
 1266  requests.
 1267         2. The department may provide any other information deemed
 1268  necessary, including criminal and corrections records and
 1269  nonprivileged personnel and treatment records, when available.
 1270         Section 27. Section 944.7031, Florida Statutes, is amended
 1271  to read:
 1272         944.7031 Eligible inmates released from contractor-operated
 1273  private correctional facilities.—
 1274         (1) It is the intent of the Legislature that state inmates
 1275  nearing release from a contractor-operated private correctional
 1276  facility managed under chapter 957 are eligible for assistance
 1277  under ss. 944.701-944.708, and all laws that provide for or
 1278  mandate transition assistance services to inmates nearing
 1279  release also apply to inmates who reside in contractor-operated
 1280  private correctional facilities.
 1281         (2) To assist an inmate nearing release from a contractor
 1282  operated private correctional facility, the department and the
 1283  transition assistance specialist shall coordinate with a
 1284  designated staff person at each contractor-operated private
 1285  correctional facility to ensure that a state inmate released
 1286  from the contractor-operated private correctional facility is
 1287  informed of and provided with the same level of transition
 1288  assistance services that are provided by the department for an
 1289  inmate in a state correctional facility. Any inmate released
 1290  from a contractor-operated private correctional facility shall
 1291  also have equal access to placement consideration in a
 1292  contracted substance abuse transition housing program, including
 1293  those programs that have a faith-based component.
 1294         Section 28. Section 944.714, Florida Statutes, is amended
 1295  to read:
 1296         944.714 Quality assurance and standards of operation.—
 1297         (1) The level and quality of programs provided by a private
 1298  vendor at a contractor-operated private correctional facility
 1299  must be at least equal to programs provided at a correctional
 1300  facility operated by the department that houses similar types of
 1301  inmates and must be at a cost that provides the state with a
 1302  substantial savings, as determined by a private accounting firm
 1303  selected by the Department of Corrections.
 1304         (2) All contractor-employed private correctional officers
 1305  employed by a private vendor must be certified, at the private
 1306  vendor’s expense, as having met the minimum qualifications
 1307  established for correctional officers under s. 943.13.
 1308         (3) Pursuant to the terms of the contract, a private vendor
 1309  shall design, construct, and operate a contractor-operated
 1310  private correctional facility in accordance with the standards
 1311  established by the American Correctional Association and
 1312  approved by the department at the time of the contract. In
 1313  addition, a contractor-operated private correctional facility
 1314  shall meet any higher standard mandated in the full or partial
 1315  settlement of any litigation challenging the constitutional
 1316  conditions of confinement to which the department is a named
 1317  defendant. The standards required under a contract for operating
 1318  a contractor-operated private correctional facility may be
 1319  higher than the standards required for accreditation by the
 1320  American Correctional Association. A private vendor shall comply
 1321  with all federal and state constitutional requirements, federal,
 1322  state, and local laws, department rules, and all court orders.
 1323         Section 29. Section 944.715, Florida Statutes, is amended
 1324  to read:
 1325         944.715 Delegation of authority.—
 1326         (1) A private vendor shall incarcerate all inmates assigned
 1327  to the contractor-operated private correctional facility by the
 1328  department and as specified in the contract. The department may
 1329  not exceed the maximum occupancy designated for the facility in
 1330  the contract.
 1331         (2) Inmates incarcerated in a contractor-operated private
 1332  correctional facility are in the legal custody of the
 1333  department. A private vendor may not award gain-time or release
 1334  credits, determine inmate eligibility for furlough or work
 1335  release, calculate inmate release dates, approve inmate
 1336  transfers, place inmates in less restrictive custody than that
 1337  ordered by the department or approve inmate work assignments. A
 1338  private vendor may not benefit financially from the labor of
 1339  inmates except to the extent authorized under chapter 946.
 1340         Section 30. Section 944.716, Florida Statutes, is amended
 1341  to read:
 1342         944.716 Contract termination and control of a correctional
 1343  facility by the department.—A detailed plan shall be provided by
 1344  a private vendor under which the department shall assume control
 1345  of a contractor-operated private correctional facility upon
 1346  termination of the contract. The department may terminate the
 1347  contract with cause after written notice of material
 1348  deficiencies and after 60 workdays in order to correct the
 1349  material deficiencies. If any event occurs that involves the
 1350  noncompliance with or violation of contract terms and that
 1351  presents a serious threat to the safety, health, or security of
 1352  the inmates, employees, or the public, the department may
 1353  temporarily assume control of the contractor-operated private
 1354  correctional facility. A plan shall also be provided by a
 1355  private vendor for the purchase and assumption of operations of
 1356  a correctional facility by the department in the event of
 1357  bankruptcy or the financial insolvency of the private vendor.
 1358  The private vendor shall provide an emergency plan to address
 1359  inmate disturbances, employee work stoppages, strikes, or other
 1360  serious events in accordance with standards of the American
 1361  Correctional Association.
 1362         Section 31. Subsection (1) of section 944.717, Florida
 1363  Statutes, is amended to read:
 1364         944.717 Conflicts of interest.—
 1365         (1) An employee of the department or any governmental
 1366  entity that exercises any functions or responsibilities in the
 1367  review or approval of a contractor-operated private correctional
 1368  facility contract or the operation of a contractor-operated
 1369  private correctional facility, or a member of the immediate
 1370  family of any such person, may not solicit or accept, directly
 1371  or indirectly, any personal benefit or promise of a benefit from
 1372  a bidder or private vendor.
 1373         Section 32. Subsection (1) of section 944.718, Florida
 1374  Statutes, is amended to read:
 1375         944.718 Withdrawal of request for proposals.—
 1376         (1) When soliciting proposals for the construction, lease,
 1377  or operation of a contractor-operated private correctional
 1378  facility, the department may reserve the right to withdraw the
 1379  request for proposals at any time and for any reason. Receipt of
 1380  proposal materials by the department or submission of a proposal
 1381  to the department does not confer any rights upon the proposer
 1382  or obligations upon the department.
 1383         Section 33. Paragraphs (a) and (f) of subsection (1),
 1384  subsection (3), and paragraph (b) of subsection (5) of section
 1385  944.719, Florida Statutes, are amended to read:
 1386         944.719 Adoption of rules, monitoring, and reporting.—
 1387         (1) The department shall adopt rules pursuant to chapter
 1388  120 specifying criteria for contractual arrangements and
 1389  standards for the operation of correctional facilities by
 1390  private vendors. Such rules shall define:
 1391         (a) Various categories of contractor-operated private
 1392  correctional facilities.
 1393         (f) The characteristics of inmates to be incarcerated in
 1394  contractor-operated private correctional facilities.
 1395         (3) The private vendor shall provide a work area at the
 1396  contractor-operated private correctional facility for use by the
 1397  contract monitor appointed by the department and shall provide
 1398  the monitor with access to all data, reports, and other
 1399  materials that the monitor, the Auditor General, and the Office
 1400  of Program Policy Analysis and Government Accountability
 1401  determine are necessary to carry out monitoring and auditing
 1402  responsibilities.
 1403         (5) The Office of Program Policy Analysis and Government
 1404  Accountability shall conduct a performance audit, including a
 1405  review of the annual financial audit of the private entity and
 1406  shall deliver a report to the Legislature by February 1 of the
 1407  third year following any contract awarded by the department for
 1408  the operation of a correctional facility by a private vendor.
 1409         (b) In preparing the report, the office shall consider, in
 1410  addition to other factors it determines are significant:
 1411         1. The extent to which the private vendor and the
 1412  department have complied with the terms of the contract and ss.
 1413  944.710-944.719.
 1414         2. The wages and benefits that are provided to the staff of
 1415  the contractor-operated private correctional facility as
 1416  compared to wages and benefits provided to employees of the
 1417  department performing comparable tasks.
 1418         Section 34. Subsection (1) of section 944.72, Florida
 1419  Statutes, is amended to read:
 1420         944.72 Contractor-operated Privately Operated Institutions
 1421  Inmate Welfare Trust Fund.—
 1422         (1) There is hereby created in the Department of
 1423  Corrections the Contractor-operated Privately Operated
 1424  Institutions Inmate Welfare Trust Fund. The purpose of the trust
 1425  fund shall be the benefit and welfare of inmates incarcerated in
 1426  contractor-operated private correctional facilities under
 1427  contract with the department pursuant to this chapter or chapter
 1428  957. Moneys shall be deposited in the trust fund and
 1429  expenditures made from the trust fund as provided in s. 945.215.
 1430         Section 35. Subsection (9) of section 944.801, Florida
 1431  Statutes, is amended to read:
 1432         944.801 Education for state prisoners.—
 1433         (9) Notwithstanding s. 120.81(3), all inmates under 22
 1434  years of age who qualify for special educational services and
 1435  programs pursuant to the Individuals with Disabilities Education
 1436  Act, 20 U.S.C. ss. 1400 et seq., and who request a due process
 1437  hearing as provided by that act shall be entitled to such
 1438  hearing before the Division of Administrative Hearings.
 1439  Administrative law judges shall not be required to travel to
 1440  state or contractor-operated private correctional institutions
 1441  and facilities in order to conduct these hearings.
 1442         Section 36. Subsections (1) and (3) of section 944.803,
 1443  Florida Statutes, are amended to read:
 1444         944.803 Faith- and character-based programs.—
 1445         (1) The Legislature finds and declares that faith- and
 1446  character-based programs offered in state and contractor
 1447  operated private correctional institutions and facilities have
 1448  the potential to facilitate inmate institutional adjustment,
 1449  help inmates assume personal responsibility, and reduce
 1450  recidivism.
 1451         (3) It is the intent of the Legislature that the department
 1452  and the private vendors operating contractor-operated private
 1453  correctional facilities continuously:
 1454         (a) Measure recidivism rates for inmates who have
 1455  participated in faith- and character-based programs.
 1456         (b) Increase the number of volunteers who minister to
 1457  inmates from various faith-based and secular institutions in the
 1458  community.
 1459         (c) Develop community linkages with secular institutions as
 1460  well as churches, synagogues, mosques, and other faith-based
 1461  institutions to assist inmates in their release back into the
 1462  community.
 1463         Section 37. Paragraphs (a) and (b) of subsection (2) of
 1464  section 945.10, Florida Statutes, are amended to read:
 1465         945.10 Confidential information.—
 1466         (2) The records and information specified in paragraphs
 1467  (1)(a)-(i) may be released as follows unless expressly
 1468  prohibited by federal law:
 1469         (a) Information specified in paragraphs (1)(b), (d), and
 1470  (f) to the Executive Office of the Governor, the Legislature,
 1471  the Florida Commission on Offender Review, the Department of
 1472  Children and Families, a contractor-operated private
 1473  correctional facility or program that operates under a contract,
 1474  the Department of Legal Affairs, a state attorney, the court, or
 1475  a law enforcement agency. A request for records or information
 1476  pursuant to this paragraph need not be in writing.
 1477         (b) Information specified in paragraphs (1)(c), (e), and
 1478  (i) to the Executive Office of the Governor, the Legislature,
 1479  the Florida Commission on Offender Review, the Department of
 1480  Children and Families, a contractor-operated private
 1481  correctional facility or program that operates under contract,
 1482  the Department of Legal Affairs, a state attorney, the court, or
 1483  a law enforcement agency. A request for records or information
 1484  pursuant to this paragraph must be in writing and a statement
 1485  provided demonstrating a need for the records or information.
 1486  
 1487  Records and information released under this subsection remain
 1488  confidential and exempt from the provisions of s. 119.07(1) and
 1489  s. 24(a), Art. I of the State Constitution when held by the
 1490  receiving person or entity.
 1491         Section 38. Subsection (3) of section 945.215, Florida
 1492  Statutes, is amended to read:
 1493         945.215 Inmate welfare and employee benefit trust funds.—
 1494         (3) CONTRACTOR-OPERATED PRIVATELY OPERATED INSTITUTIONS
 1495  INMATE WELFARE TRUST FUND; CONTRACTOR-OPERATED PRIVATE
 1496  CORRECTIONAL FACILITIES.—
 1497         (a) For purposes of this subsection, contractor-operated
 1498  privately operated institutions or contractor-operated private
 1499  correctional facilities are those correctional facilities under
 1500  contract with the department pursuant to chapter 944 or chapter
 1501  957.
 1502         (b)1. The net proceeds derived from inmate canteens,
 1503  vending machines used primarily by inmates, telephone
 1504  commissions, and similar sources at contractor-operated private
 1505  correctional facilities shall be deposited in the Contractor
 1506  Operated Privately Operated Institutions Inmate Welfare Trust
 1507  Fund.
 1508         2. Funds in the Contractor-Operated Privately Operated
 1509  Institutions Inmate Welfare Trust Fund shall be expended only
 1510  pursuant to legislative appropriation.
 1511         (c) The department shall annually compile a report that
 1512  documents Contractor-Operated Privately Operated Institutions
 1513  Inmate Welfare Trust Fund receipts and expenditures at each
 1514  contractor-operated private correctional facility. This report
 1515  must specifically identify receipt sources and expenditures. The
 1516  department shall compile this report for the prior fiscal year
 1517  and shall submit the report by September 1 of each year to the
 1518  chairs of the appropriate substantive and fiscal committees of
 1519  the Senate and House of Representatives and to the Executive
 1520  Office of the Governor.
 1521         Section 39. Subsections (2) and (3) of section 945.6041,
 1522  Florida Statutes, are amended to read:
 1523         945.6041 Inmate medical services.—
 1524         (2) Compensation to a health care provider to provide
 1525  inmate medical services may not exceed 110 percent of the
 1526  Medicare allowable rate if the health care provider does not
 1527  have a contract to provide services with the department or the
 1528  contractor-operated private correctional facility, as defined in
 1529  s. 944.710, which houses the inmate. However, compensation to a
 1530  health care provider may not exceed 125 percent of the Medicare
 1531  allowable rate if:
 1532         (a) The health care provider does not have a contract to
 1533  provide services with the department or the contractor-operated
 1534  private correctional facility, as defined in s. 944.710, which
 1535  houses the inmate; and
 1536         (b) The health care provider reported a negative operating
 1537  margin for the previous year to the Agency for Health Care
 1538  Administration through hospital-audited financial data.
 1539         (3) Compensation to an entity to provide emergency medical
 1540  transportation services for inmates may not exceed 110 percent
 1541  of the Medicare allowable rate if the entity does not have a
 1542  contract with the department or a contractor-operated private
 1543  correctional facility, as defined in s. 944.710, to provide the
 1544  services.
 1545         Section 40. Section 946.5025, Florida Statutes, is amended
 1546  to read:
 1547         946.5025 Authorization of corporation to enter into
 1548  contracts.—The corporation established under this part may enter
 1549  into contracts to operate correctional work programs with any
 1550  county or municipal authority that operates a correctional
 1551  facility or with a contractor authorized under chapter 944 or
 1552  chapter 957 to operate a contractor-operated private
 1553  correctional facility. The corporation has the same powers,
 1554  privileges, and immunities in carrying out such contracts as it
 1555  has under this chapter.
 1556         Section 41. Subsections (5) and (6) of section 946.503,
 1557  Florida Statutes, are amended to read:
 1558         946.503 Definitions to be used with respect to correctional
 1559  work programs.—As used in this part, the term:
 1560         (5) “Inmate” means any person incarcerated within any
 1561  state, county, municipal, or contractor-operated private
 1562  correctional facility.
 1563         (6) “Contractor-operated Private correctional facility”
 1564  means a facility authorized by chapter 944 or chapter 957.
 1565         Section 42. Subsection (6) of section 951.062, Florida
 1566  Statutes, is amended to read:
 1567         951.062 Contractual arrangements for operation and
 1568  maintenance of county detention facilities.—
 1569         (6) Contractor-employed Private correctional officers
 1570  responsible for supervising inmates within the facility shall
 1571  meet the requirements necessary for certification by the
 1572  Criminal Justice Standards and Training Commission pursuant to
 1573  s. 943.1395. However, expenses for such training shall be the
 1574  responsibility of the private entity.
 1575         Section 43. Section 951.063, Florida Statutes, is amended
 1576  to read:
 1577         951.063 Contractor-operated privately operated county
 1578  correctional facilities.—Each contractor-employed private
 1579  correctional officer employed by a private entity under contract
 1580  to a county commission must be certified as a correctional
 1581  officer under s. 943.1395 and must meet the minimum
 1582  qualifications established in s. 943.13. The county shall
 1583  provide to the Criminal Justice Standards and Training
 1584  Commission all necessary fingerprints for Florida Department of
 1585  Law Enforcement and Federal Bureau of Investigation background
 1586  checks. The Criminal Justice Standards and Training Commission
 1587  shall advise the county as to those employees whose
 1588  certification has been denied or revoked. Neither the county nor
 1589  the private entity shall be the direct recipient of criminal
 1590  records.
 1591         Section 44. Section 957.05, Florida Statutes, is amended to
 1592  read:
 1593         957.05 Requirements for contractors operating contractor
 1594  operated private correctional facilities.—
 1595         (1) Each contractor entering into a contract under this
 1596  chapter is liable in tort with respect to the care and custody
 1597  of inmates under its supervision and for any breach of contract.
 1598  Sovereign immunity may not be raised by a contractor, or the
 1599  insurer of that contractor on the contractor’s behalf, as a
 1600  defense in any action arising out of the performance of any
 1601  contract entered into under this chapter or as a defense in
 1602  tort, or any other application, with respect to the care and
 1603  custody of inmates under the contractor’s supervision and for
 1604  any breach of contract.
 1605         (2)(a) The training requirements, including inservice
 1606  training requirements, for employees of a contractor that
 1607  assumes the responsibility for the operation and maintenance of
 1608  a contractor-operated private correctional facility must meet or
 1609  exceed the requirements for similar employees of the department
 1610  or the training requirements mandated for accreditation by the
 1611  American Correctional Association, whichever of those
 1612  requirements are the more demanding. All employee training
 1613  expenses are the responsibility of the contractor.
 1614         (b) Employees of a contractor who are responsible for the
 1615  supervision of inmates shall have the same legal authority to
 1616  rely on nondeadly and deadly force as do similar employees of
 1617  the department.
 1618         (3) Any contractor or person employed by a contractor
 1619  operating a correctional or detention facility pursuant to a
 1620  contract executed under this chapter shall be exempt from the
 1621  requirements of chapter 493, relating to licensure of private
 1622  investigators and security officers.
 1623         Section 45. Subsection (2) of section 957.06, Florida
 1624  Statutes, is amended to read:
 1625         957.06 Powers and duties not delegable to contractor.—A
 1626  contract entered into under this chapter does not authorize,
 1627  allow, or imply a delegation of authority to the contractor to:
 1628         (2) Choose the facility to which an inmate is initially
 1629  assigned or subsequently transferred. The contractor may
 1630  request, in writing, that an inmate be transferred to a facility
 1631  operated by the department. The contractor and the department
 1632  shall develop and implement a cooperative agreement for
 1633  transferring inmates between a correctional facility operated by
 1634  the department and a contractor-operated private correctional
 1635  facility. The department and the contractor must comply with the
 1636  cooperative agreement.
 1637         Section 46. Section 957.08, Florida Statutes, is amended to
 1638  read:
 1639         957.08 Capacity requirements.—The department shall transfer
 1640  and assign prisoners to each contractor-operated private
 1641  correctional facility opened pursuant to this chapter in an
 1642  amount not less than 90 percent or more than 100 percent of the
 1643  capacity of the facility pursuant to the contract. The prisoners
 1644  transferred by the department shall represent a cross-section of
 1645  the general inmate population, based on the grade of custody or
 1646  the offense of conviction, at the most comparable facility
 1647  operated by the department.
 1648         Section 47. Subsection (1) of section 957.09, Florida
 1649  Statutes, is amended to read:
 1650         957.09 Applicability of chapter to other provisions of
 1651  law.—
 1652         (1)(a) Any offense that if committed at a state
 1653  correctional facility would be a crime is a crime if committed
 1654  by or with regard to inmates at contractor-operated private
 1655  correctional facilities operated pursuant to a contract entered
 1656  into under this chapter.
 1657         (b) All laws relating to commutation of sentences, release
 1658  and parole eligibility, and the award of sentence credits apply
 1659  to inmates incarcerated in a contractor-operated private
 1660  correctional facility operated pursuant to a contract entered
 1661  into under this chapter.
 1662         Section 48. Section 957.13, Florida Statutes, is amended to
 1663  read:
 1664         957.13 Background checks.—
 1665         (1) The Florida Department of Law Enforcement may accept
 1666  fingerprints of individuals who apply for employment at a
 1667  contractor-operated private correctional facility and who are
 1668  required to have background checks under the provisions of this
 1669  chapter.
 1670         (2) The Florida Department of Law Enforcement may, to the
 1671  extent provided for by federal law, provide for the exchange of
 1672  state, multistate, and federal criminal history records of
 1673  individuals who apply for employment at a contractor-operated
 1674  private correctional facility for the purpose of conducting
 1675  background checks as required by law or contract.
 1676         Section 49. Section 957.14, Florida Statutes, is amended to
 1677  read:
 1678         957.14 Contract termination and control of a correctional
 1679  facility by the department.—A detailed plan shall be provided by
 1680  a private vendor under which the department shall assume
 1681  temporary control of a contractor-operated private correctional
 1682  facility upon termination of the contract. The department may
 1683  terminate the contract with cause after written notice of
 1684  material deficiencies and after 60 workdays in order to correct
 1685  the material deficiencies. If any event occurs that involves the
 1686  noncompliance with or violation of contract terms and that
 1687  presents a serious threat to the safety, health, or security of
 1688  the inmates, employees, or the public, the department may
 1689  temporarily assume control of the contractor-operated private
 1690  correctional facility. A plan shall also be provided by a
 1691  private vendor for the purchase and temporary assumption of
 1692  operations of a correctional facility by the department in the
 1693  event of bankruptcy or the financial insolvency of the private
 1694  vendor. The private vendor shall provide an emergency plan to
 1695  address inmate disturbances, employee work stoppages, strikes,
 1696  or other serious events in accordance with standards of the
 1697  American Correctional Association.
 1698         Section 50. Paragraph (p) of subsection (1) of section
 1699  960.001, Florida Statutes, is amended to read:
 1700         960.001 Guidelines for fair treatment of victims and
 1701  witnesses in the criminal justice and juvenile justice systems.—
 1702         (1) The Department of Legal Affairs, the state attorneys,
 1703  the Department of Corrections, the Department of Juvenile
 1704  Justice, the Florida Commission on Offender Review, the State
 1705  Courts Administrator and circuit court administrators, the
 1706  Department of Law Enforcement, and every sheriff’s department,
 1707  police department, or other law enforcement agency as defined in
 1708  s. 943.10(4) shall develop and implement guidelines for the use
 1709  of their respective agencies, which guidelines are consistent
 1710  with the purposes of this act and s. 16(b), Art. I of the State
 1711  Constitution and are designed to implement s. 16(b), Art. I of
 1712  the State Constitution and to achieve the following objectives:
 1713         (p) Information concerning escape from a state correctional
 1714  institution, county jail, juvenile detention facility, or
 1715  residential commitment facility.—In any case where an offender
 1716  escapes from a state correctional institution, contractor
 1717  operated private correctional facility, county jail, juvenile
 1718  detention facility, or residential commitment facility, the
 1719  institution of confinement shall immediately notify the state
 1720  attorney of the jurisdiction where the criminal charge or
 1721  petition for delinquency arose and the judge who imposed the
 1722  sentence of incarceration. The state attorney shall thereupon
 1723  make every effort to notify the victim, material witness,
 1724  parents or legal guardian of a minor who is a victim or witness,
 1725  or immediate relatives of a homicide victim of the escapee. The
 1726  state attorney shall also notify the sheriff of the county where
 1727  the criminal charge or petition for delinquency arose. The
 1728  sheriff shall offer assistance upon request. When an escaped
 1729  offender is subsequently captured or is captured and returned to
 1730  the institution of confinement, the institution of confinement
 1731  shall again immediately notify the appropriate state attorney
 1732  and sentencing judge pursuant to this section.
 1733         Section 51. Paragraph (a) of subsection (3) of section
 1734  985.481, Florida Statutes, is amended to read:
 1735         985.481 Sexual offenders adjudicated delinquent;
 1736  notification upon release.—
 1737         (3)(a) The department shall provide information regarding
 1738  any sexual offender who is being released after serving a period
 1739  of residential commitment under the department for any offense,
 1740  as follows:
 1741         1. The department shall provide the sexual offender’s name,
 1742  any change in the offender’s name by reason of marriage or other
 1743  legal process, and any alias, if known; the correctional
 1744  facility from which the sexual offender is released; the sexual
 1745  offender’s social security number, race, sex, date of birth,
 1746  height, weight, and hair and eye color; tattoos or other
 1747  identifying marks; the make, model, color, vehicle
 1748  identification number (VIN), and license tag number of all
 1749  vehicles owned; address of any planned permanent residence or
 1750  temporary residence, within the state or out of state, including
 1751  a rural route address and a post office box; if no permanent or
 1752  temporary address, any transient residence within the state;
 1753  address, location or description, and dates of any known future
 1754  temporary residence within the state or out of state; date and
 1755  county of disposition and each crime for which there was a
 1756  disposition; a copy of the offender’s fingerprints, palm prints,
 1757  and a digitized photograph taken within 60 days before release;
 1758  the date of release of the sexual offender; all home telephone
 1759  numbers and cellular telephone numbers required to be provided
 1760  pursuant to s. 943.0435(4)(e); all electronic mail addresses and
 1761  Internet identifiers required to be provided pursuant to s.
 1762  943.0435(4)(e); information about any professional licenses the
 1763  offender has, if known; and passport information, if he or she
 1764  has a passport, and, if he or she is an alien, information about
 1765  documents establishing his or her immigration status. The
 1766  department shall notify the Department of Law Enforcement if the
 1767  sexual offender escapes, absconds, or dies. If the sexual
 1768  offender is in the custody of a contractor-operated private
 1769  correctional facility, the facility shall take the digitized
 1770  photograph of the sexual offender within 60 days before the
 1771  sexual offender’s release and also place it in the sexual
 1772  offender’s file. If the sexual offender is in the custody of a
 1773  local jail, the custodian of the local jail shall register the
 1774  offender within 3 business days after intake of the offender for
 1775  any reason and upon release, and shall notify the Department of
 1776  Law Enforcement of the sexual offender’s release and provide to
 1777  the Department of Law Enforcement the information specified in
 1778  this subparagraph and any information specified in subparagraph
 1779  2. which the Department of Law Enforcement requests.
 1780         2. The department may provide any other information
 1781  considered necessary, including criminal and delinquency
 1782  records, when available.
 1783         Section 52. Paragraph (h) of subsection (1), paragraph (a)
 1784  of subsection (6), and subsection (12) of section 985.4815,
 1785  Florida Statutes, are amended to read:
 1786         985.4815 Notification to Department of Law Enforcement of
 1787  information on juvenile sexual offenders.—
 1788         (1) As used in this section, the term:
 1789         (h) “Sexual offender” means a person who is in the care or
 1790  custody or under the jurisdiction or supervision of the
 1791  department or is in the custody of a contractor-operated private
 1792  correctional facility and who:
 1793         1. Has been adjudicated delinquent as provided in s.
 1794  943.0435(1)(h)1.d.; or
 1795         2. Establishes or maintains a residence in this state and
 1796  has not been designated as a sexual predator by a court of this
 1797  state but has been designated as a sexual predator, as a
 1798  sexually violent predator, or by another sexual offender
 1799  designation in another state or jurisdiction and was, as a
 1800  result of such designation, subjected to registration or
 1801  community or public notification, or both, or would be if the
 1802  person were a resident of that state or jurisdiction, without
 1803  regard to whether the person otherwise meets the criteria for
 1804  registration as a sexual offender.
 1805         (6)(a) The information provided to the Department of Law
 1806  Enforcement must include the following:
 1807         1. The information obtained from the sexual offender under
 1808  subsection (4).
 1809         2. The sexual offender’s most current address and place of
 1810  permanent, temporary, or transient residence within the state or
 1811  out of state, and address, location or description, and dates of
 1812  any current or known future temporary residence within the state
 1813  or out of state, while the sexual offender is in the care or
 1814  custody or under the jurisdiction or supervision of the
 1815  department in this state, including the name of the county or
 1816  municipality in which the offender permanently or temporarily
 1817  resides, or has a transient residence, and address, location or
 1818  description, and dates of any current or known future temporary
 1819  residence within the state or out of state; and, if known, the
 1820  intended place of permanent, temporary, or transient residence,
 1821  and address, location or description, and dates of any current
 1822  or known future temporary residence within the state or out of
 1823  state upon satisfaction of all sanctions.
 1824         3. The legal status of the sexual offender and the
 1825  scheduled termination date of that legal status.
 1826         4. The location of, and local telephone number for, any
 1827  department office that is responsible for supervising the sexual
 1828  offender.
 1829         5. An indication of whether the victim of the offense that
 1830  resulted in the offender’s status as a sexual offender was a
 1831  minor.
 1832         6. The offense or offenses at adjudication and disposition
 1833  that resulted in the determination of the offender’s status as a
 1834  sex offender.
 1835         7. A digitized photograph of the sexual offender, which
 1836  must have been taken within 60 days before the offender was
 1837  released from the custody of the department or a contractor
 1838  operated private correctional facility by expiration of sentence
 1839  under s. 944.275, or within 60 days after the onset of the
 1840  department’s supervision of any sexual offender who is on
 1841  probation, postcommitment probation, residential commitment,
 1842  nonresidential commitment, licensed child-caring commitment,
 1843  community control, conditional release, parole, provisional
 1844  release, or control release or who is supervised by the
 1845  department under the Interstate Compact Agreement for
 1846  Probationers and Parolees. If the sexual offender is in the
 1847  custody of a contractor-operated private correctional facility,
 1848  the facility shall take a digitized photograph of the sexual
 1849  offender within the time period provided in this subparagraph
 1850  and shall provide the photograph to the department.
 1851         (12) Any person who has reason to believe that a sexual
 1852  offender is not complying, or has not complied, with the
 1853  requirements of this section and who, with the intent to assist
 1854  the sexual offender in eluding a law enforcement agency that is
 1855  seeking to find the sexual offender to question the sexual
 1856  offender about, or to arrest the sexual offender for, his or her
 1857  noncompliance with the requirements of this section:
 1858         (a) Withholds information from, or does not notify, the law
 1859  enforcement agency about the sexual offender’s noncompliance
 1860  with the requirements of this section and, if known, the
 1861  whereabouts of the sexual offender;
 1862         (b) Harbors, attempts to harbor, or assists another person
 1863  in harboring or attempting to harbor the sexual offender;
 1864         (c) Conceals, attempts to conceal, or assists another
 1865  person in concealing or attempting to conceal the sexual
 1866  offender; or
 1867         (d) Provides information to the law enforcement agency
 1868  regarding the sexual offender that the person knows to be false
 1869  
 1870  commits a felony of the third degree, punishable as provided in
 1871  s. 775.082, s. 775.083, or s. 775.084. This subsection does not
 1872  apply if the sexual offender is incarcerated in or is in the
 1873  custody of a state correctional facility, a contractor-operated
 1874  private correctional facility, a local jail, or a federal
 1875  correctional facility.
 1876         Section 53. This act shall take effect July 1, 2024.