Florida Senate - 2026                             CS for SB 1012
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       and Senator Yarborough
       
       
       
       
       604-02835-26                                          20261012c1
    1                        A bill to be entitled                      
    2         An act relating to inmate services; amending s.
    3         945.215, F.S.; requiring that maintenance and repair
    4         deduction fees from contractor-operated correctional
    5         facilities be deposited in the Contractor-Operated
    6         Institutions Inmate Welfare Trust Fund; requiring that
    7         funds from the Contractor-Operated Institutions Inmate
    8         Welfare Trust Fund be used for specified purposes;
    9         amending s. 945.6041, F.S.; providing legislative
   10         findings; providing and revising definitions; revising
   11         compensation for the provision of inmate medical
   12         services by certain providers; providing an exemption;
   13         prohibiting compensation to a hospital for the
   14         provision of emergency medical services and care
   15         provided to inmates from exceeding a certain
   16         percentage of the Medicare allowable rate; revising
   17         compensation for the provision of inmate emergency
   18         medical transportation services; reenacting s.
   19         944.72(1), F.S., relating to the Contractor-Operated
   20         Institutions Inmate Welfare Trust Fund, to incorporate
   21         the amendment made to s. 945.215, F.S., in a reference
   22         thereto; providing effective dates.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (b) of subsection (3) of section
   27  945.215, Florida Statutes, is amended to read:
   28         945.215 Inmate welfare and employee benefit trust funds.—
   29         (3) CONTRACTOR-OPERATED INSTITUTIONS INMATE WELFARE TRUST
   30  FUND; CONTRACTOR-OPERATED CORRECTIONAL FACILITIES.—
   31         (b)1. The net proceeds derived from inmate canteens,
   32  vending machines used primarily by inmates, telephone
   33  commissions, and similar sources at contractor-operated
   34  correctional facilities shall be deposited in the Contractor
   35  Operated Institutions Inmate Welfare Trust Fund.
   36         2.Maintenance and repair deduction fees from contractor
   37  operated correctional facilities shall be deposited in the
   38  Contractor-Operated Institutions Inmate Welfare Trust Fund.
   39         3.Funds in the Contractor-Operated Institutions Inmate
   40  Welfare Trust Fund shall be used exclusively to provide for or
   41  to operate any of the following at contractor-operated
   42  correctional facilities:
   43         a.Programs to aid inmates’ reintegration into society.
   44         b.Environmental health upgrades to facilities, including
   45  fixed capital outlay for repairs and maintenance that would
   46  improve environmental conditions of the correctional facilities.
   47         4.2. Funds in the Contractor-Operated Institutions Inmate
   48  Welfare Trust Fund shall be expended only pursuant to
   49  legislative appropriation.
   50         Section 2. Effective October 1, 2026, section 945.6041,
   51  Florida Statutes, is amended to read:
   52         945.6041 Compensation for inmate emergency and specialty
   53  medical services.—
   54         (1)The Legislature finds that the department relies on
   55  community health care providers to provide emergency and
   56  specialty medical services to incarcerated inmates which cannot
   57  be provided by health care staff inside a state correctional
   58  institution or facility. The Legislature further finds that the
   59  department has experienced a substantial increase in inmate
   60  health care costs.
   61         (2)(1) As used in this section, the term:
   62         (a)“Emergency medical transportation services” includes,
   63  but is not limited to, services rendered by ambulances,
   64  emergency medical services vehicles, and air ambulances as those
   65  terms are defined in s. 401.23.
   66         (a)(b) “Community health care provider” means:
   67         1. A hospital licensed under chapter 395.
   68         2. A physician or physician assistant licensed under
   69  chapter 458.
   70         3. An osteopathic physician or physician assistant licensed
   71  under chapter 459.
   72         4. A podiatric physician licensed under chapter 461.
   73         5.An autonomous advanced practice registered nurse
   74  licensed under chapter 464.
   75         6.5. A health maintenance organization certificated under
   76  part I of chapter 641.
   77         7.6. An ambulatory surgical center licensed under chapter
   78  395.
   79         8.7. A professional association, partnership, corporation,
   80  joint venture, or other association established by the
   81  individuals set forth in subparagraphs 2., 3., and 4. for
   82  professional activity.
   83         9.8. An other medical facility.
   84         a. As used in this subparagraph, the term “other medical
   85  facility” means:
   86         (I) A facility the primary purpose of which is to provide
   87  human medical diagnostic services, or a facility providing
   88  nonsurgical human medical treatment which discharges patients on
   89  the same working day that the patients are admitted; and
   90         (II) A facility that is not part of a hospital.
   91         b. The term does not include a facility existing for the
   92  primary purpose of performing terminations of pregnancy, or an
   93  office maintained by a physician or dentist for the practice of
   94  medicine.
   95         (b)“Emergency medical condition” has the same meaning as
   96  in s. 395.002(8).
   97         (c)“Emergency medical services and care” means medical
   98  screening, examination, and evaluation by a physician, or, to
   99  the extent permitted by applicable law, by other appropriate
  100  personnel under the supervision of a physician, to determine
  101  whether an emergency medical condition exists and, if so, the
  102  care, treatment, or surgery by a physician necessary to relieve
  103  or eliminate the emergency medical condition, within the service
  104  capability of the facility.
  105         (d)“Emergency medical transportation services” includes,
  106  but is not limited to, services rendered by ambulances,
  107  emergency medical services vehicles, and air ambulances as those
  108  terms are defined in s. 401.23.
  109         (e)“Hospital” means any facility licensed under chapter
  110  395.
  111         (f)“Inmate medical services” includes, but is not limited
  112  to, all services rendered by a community health care provider to
  113  an inmate, except emergency medical services and care provided
  114  by a hospital.
  115         (g)“Medicaid allowable rate” means the amount that the
  116  Agency for Health Care Administration would reimburse a Medicaid
  117  provider, as defined in s. 409.901, for Medicaid-covered
  118  services delivered through the fee-for-service program.
  119         (h)“Medicare allowable rate” means the amount set by the
  120  Centers for Medicare and Medicaid Services which Medicare will
  121  pay for a specific covered service.
  122         (i)“Secure unit” means a designated space, approved by the
  123  department, where the department can safely and efficiently
  124  manage and secure inmates receiving medical services from a
  125  community health care provider.
  126         (3)(2) Compensation to a community health care provider for
  127  the provision of to provide inmate medical services may not
  128  exceed 110 percent of the relevant Medicare allowable rate if
  129  the health care provider does not have a contract to provide
  130  services with the department or the contractor-operated
  131  correctional facility, as defined in s. 944.710, which houses
  132  the inmate. However, a community health care provider is exempt
  133  from this section and may negotiate compensation above 110
  134  percent of the relevant Medicare allowable rate if the community
  135  health care provider enters into an agreement with the
  136  department, a comprehensive health care services vendor, or a
  137  contractor-operated correctional facility, as defined in s.
  138  944.710, to provide health care services to inmates in a secure
  139  unit within the community health care provider’s medical
  140  facility, within a correctional institution or facility, or by
  141  telehealth in accordance with s. 456.47 if such inmates are
  142  within the correctional institution or facility when they
  143  receive medical services compensation to a health care provider
  144  may not exceed 125 percent of the Medicare allowable rate if:
  145         (a)The health care provider does not have a contract to
  146  provide services with the department or the contractor-operated
  147  correctional facility, as defined in s. 944.710, which houses
  148  the inmate; and
  149         (b)The health care provider reported a negative operating
  150  margin for the previous year to the Agency for Health Care
  151  Administration through hospital-audited financial data.
  152         (4)Compensation to a hospital for the provision of
  153  emergency medical services and care provided to inmates may not
  154  exceed 110 percent of the Medicare allowable rate.
  155         (5)(3) Compensation to an entity to provide emergency
  156  medical transportation services for inmates may not exceed 110
  157  percent of the Medicaid Medicare allowable rate if the entity
  158  does not have a contract with the department or a contractor
  159  operated correctional facility, as defined in s. 944.710, to
  160  provide the services.
  161         (6)(4) This section does not apply to charges for medical
  162  services provided at a hospital operated by the department.
  163         Section 3. For the purpose of incorporating the amendment
  164  made by this act to section 945.215, Florida Statutes, in a
  165  reference thereto, subsection (1) of section 944.72, Florida
  166  Statutes, is reenacted to read:
  167         944.72 Contractor-Operated Institutions Inmate Welfare
  168  Trust Fund.—
  169         (1) There is hereby created in the Department of
  170  Corrections the Contractor-Operated Institutions Inmate Welfare
  171  Trust Fund. The purpose of the trust fund shall be the benefit
  172  and welfare of inmates incarcerated in contractor-operated
  173  correctional facilities under contract with the department
  174  pursuant to this chapter or chapter 957. Moneys shall be
  175  deposited in the trust fund and expenditures made from the trust
  176  fund as provided in s. 945.215.
  177         Section 4. Except as otherwise expressly provided in this
  178  act, this act shall take effect July 1, 2026.