Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2118
       
       
       
       
       
       
                                Barcode 580086                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 08:59 PM       .                                
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       The Conference Committee on SB 2118 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 938.25, Florida Statutes, is
    7  transferred, renumbered as section 938.055, Florida Statutes,
    8  and amended to read:
    9         938.055 938.25 Operating Trust Fund of the Department of
   10  Law Enforcement.—Notwithstanding any provision to the contrary
   11  of the laws of this state, the court shall may assess any
   12  defendant who pleads guilty or nolo contendere to, or is
   13  convicted of, a violation of any provision of chapters 775-896
   14  s. 893.13, without regard to whether adjudication was withheld,
   15  in addition to any fine and other penalty provided or authorized
   16  by law, an amount of $100, to be paid to the clerk of the court,
   17  who shall forward it to the Department of Revenue for deposit in
   18  the Operating Trust Fund of the Department of Law Enforcement to
   19  be used by the statewide criminal analysis laboratory system for
   20  the purposes specified in s. 943.361. This amount shall be
   21  assessed when the services of any criminal analysis laboratory,
   22  as designated in s. 943.32, is used in connection with the
   23  investigation or prosecution of a violation of any provision of
   24  chapters 775-896. The court may not waive this assessment is
   25  authorized to order a defendant to pay an additional assessment
   26  if it finds that the defendant has the ability to pay the fine
   27  and the additional assessment and will not be prevented thereby
   28  from being rehabilitated or from making restitution.
   29         Section 2. Paragraph (l) of subsection (1) of section
   30  921.187, Florida Statutes, is amended to read:
   31         921.187 Disposition and sentencing; alternatives;
   32  restitution.—
   33         (1) The alternatives provided in this section for the
   34  disposition of criminal cases shall be used in a manner that
   35  will best serve the needs of society, punish criminal offenders,
   36  and provide the opportunity for rehabilitation. If the offender
   37  does not receive a state prison sentence, the court may:
   38         (l)1. Require the offender who violates any criminal
   39  provision of chapter 893 to pay an additional assessment in an
   40  amount up to the amount of any fine imposed, pursuant to ss.
   41  938.21 and 938.23.
   42         2. Require the offender who violates any provision of s.
   43  893.13 to pay an additional assessment in an amount of $100,
   44  pursuant to ss. 938.055 938.25 and 943.361.
   45         Section 3. Section 943.361, Florida Statutes, is amended to
   46  read:
   47         943.361 Statewide criminal analysis laboratory system;
   48  funding through fine surcharges.—
   49         (1) Funds deposited pursuant to ss. 938.07 and 938.055
   50  938.25 for the statewide criminal analysis laboratory system
   51  shall be used for state reimbursements to local county-operated
   52  crime laboratories enumerated in s. 943.35(1), and for the
   53  equipment, health, safety, and training of member crime
   54  laboratories of the statewide criminal analysis laboratory
   55  system.
   56         (2) Moneys deposited pursuant to ss. 938.07 and 938.055
   57  938.25 for the statewide criminal analysis laboratory system
   58  shall be appropriated by the Legislature in accordance with the
   59  provisions of chapter 216 and with the purposes stated in
   60  subsection (1).
   61         Section 4. Paragraph (c) of subsection (1) of section
   62  945.0311, Florida Statutes, is amended to read:
   63         945.0311 Employment of relatives.—
   64         (1) For the purposes of this section, the term:
   65         (c) “Organizational unit” includes:
   66         1. A unit of a state correctional institution such as
   67  security, medical, dental, classification, maintenance,
   68  personnel, or business. A work camp, boot camp, or other annex
   69  of a state correctional institution is considered part of the
   70  institution and not a separate unit.
   71         2. An area of a regional office such as personnel, medical,
   72  administrative services, probation and parole, or community
   73  facilities.
   74         3. A correctional work center, road prison, or work release
   75  center.
   76         4. A probation and parole circuit office or a suboffice
   77  within a circuit.
   78         5. A bureau of the Office of the Secretary or of any of the
   79  assistant secretaries.
   80         Section 5. Subsection (1) of section 951.231, Florida
   81  Statutes, is amended to read:
   82         951.231 County residential probation program.—
   83         (1) Any prisoner who has been sentenced under s. 921.18 to
   84  serve a sentence in a county residential probation center as
   85  described in s. 951.23 shall:
   86         (a) Reside at the center at all times other than during
   87  employment hours and reasonable travel time to and from his or
   88  her place of employment, except that supervisory personnel at a
   89  county residential probation center may extend the limits of
   90  confinement to include, but not be limited to, probation,
   91  community control, or other appropriate supervisory techniques.
   92         (b) Seek and obtain employment on an 8-hours-a-day basis
   93  and retain employment throughout the period of time he or she is
   94  housed at the center.
   95         (c) Participate in and complete the program required by s.
   96  958.045, if required by the supervisor of the center.
   97         (c)(d) Participate in the education program provided at the
   98  center, if required by the supervisor of the center.
   99         (d)(e) Participate in the drug treatment program provided
  100  at the center, if required by the supervisor of the center.
  101         Section 6. Subsections (4) and (5) of section 958.04,
  102  Florida Statutes, are amended to read:
  103         958.04 Judicial disposition of youthful offenders.—
  104         (4) Due to severe prison overcrowding, the Legislature
  105  declares the construction of a basic training program facility
  106  is necessary to aid in alleviating an emergency situation.
  107         (5) The department shall provide a special training program
  108  for staff selected for the basic training program.
  109         Section 7. Section 958.045, Florida Statutes, is repealed.
  110         Section 8. Subsection (4) of section 944.02, Florida
  111  Statutes, is amended to read:
  112         944.02 Definitions.—The following words and phrases used in
  113  this chapter shall, unless the context clearly indicates
  114  otherwise, have the following meanings:
  115         (4) “Elderly offender” means a prisoner age 50 or older in
  116  a state correctional institution or a private correctional
  117  facility operated by the Department of Corrections or the
  118  Department of Management Services.
  119         Section 9. Paragraph (b) of subsection (2) of section
  120  944.115, Florida Statutes, is amended to read:
  121         944.115 Smoking prohibited inside state correctional
  122  facilities.—
  123         (2) As used in this section, the term:
  124         (b) “Employee” means an employee of the department or a
  125  private vendor in a contractual relationship with the department
  126  either the Department of Corrections or the Department of
  127  Management Services, and includes persons such as contractors,
  128  volunteers, or law enforcement officers who are within a state
  129  correctional facility to perform a professional service.
  130         Section 10. Subsection (1) of section 944.72, Florida
  131  Statutes, is amended to read:
  132         944.72 Privately Operated Institutions Inmate Welfare Trust
  133  Fund.—
  134         (1) There is hereby created in the Department of
  135  Corrections the Privately Operated Institutions Inmate Welfare
  136  Trust Fund. The purpose of the trust fund shall be the benefit
  137  and welfare of inmates incarcerated in private correctional
  138  facilities under contract with the department pursuant to this
  139  chapter or the Department of Management Services pursuant to
  140  chapter 957. Moneys shall be deposited in the trust fund and
  141  expenditures made from the trust fund as provided in s. 945.215.
  142         Section 11. Section 944.8041, Florida Statutes, is amended
  143  to read:
  144         944.8041 Elderly offenders; annual review.—For the purpose
  145  of providing information to the Legislature on elderly offenders
  146  within the correctional system, the department and the
  147  Correctional Medical Authority shall each submit annually a
  148  report on the status and treatment of elderly offenders in the
  149  state-administered and private state correctional systems and
  150  the department’s geriatric facilities and dorms. In order to
  151  adequately prepare the reports, the department and the
  152  Department of Management Services shall grant access to the
  153  Correctional Medical Authority that includes access to the
  154  facilities, offenders, and any information the agencies require
  155  to complete their reports. The review shall also include an
  156  examination of promising geriatric policies, practices, and
  157  programs currently implemented in other correctional systems
  158  within the United States. The reports, with specific findings
  159  and recommendations for implementation, shall be submitted to
  160  the President of the Senate and the Speaker of the House of
  161  Representatives on or before December 31 of each year.
  162         Section 12. Paragraphs (a) and (c) of subsection (2) of
  163  section 945.215, Florida Statutes, are amended to read:
  164         945.215 Inmate welfare and employee benefit trust funds.—
  165         (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
  166  FUND; PRIVATE CORRECTIONAL FACILITIES.—
  167         (a) For purposes of this subsection, privately operated
  168  institutions or private correctional facilities are those
  169  correctional facilities under contract with the department
  170  pursuant to chapter 944 or the Department of Management Services
  171  pursuant to chapter 957.
  172         (c) The department of Management Services shall annually
  173  compile a report that documents Privately Operated Institutions
  174  Inmate Welfare Trust Fund receipts and expenditures at each
  175  private correctional facility. This report must specifically
  176  identify receipt sources and expenditures. The department of
  177  Management Services shall compile this report for the prior
  178  fiscal year and shall submit the report by September 1 of each
  179  year to the chairs of the appropriate substantive and fiscal
  180  committees of the Senate and House of Representatives and to the
  181  Executive Office of the Governor.
  182         Section 13. Effective July 1, 2011, the statutory powers,
  183  duties, and functions, and the records, personnel, property, and
  184  unexpended balances of appropriations, allocations, or other
  185  funds related to the requirements of chapter 957, Florida
  186  Statutes, which are currently under the Department of Management
  187  Services are transferred to the Department of Corrections by a
  188  type two transfer, pursuant to s. 20.06, Florida Statutes. The
  189  Secretary of Corrections is authorized to establish units or
  190  subunits and to assign administrative authority for the
  191  responsibilities and functions transferred pursuant to this
  192  section.
  193         Section 14. Paragraphs (a), (b), (e), and (g) of subsection
  194  (1), paragraph (c) of subsection (2), and subsections (5), (6),
  195  and (7) of section 957.04, Florida Statutes, are amended to
  196  read:
  197         957.04 Contract requirements.—
  198         (1) A contract entered into under this chapter for the
  199  operation of private correctional facilities shall maximize the
  200  cost savings of such facilities and shall:
  201         (a) Be negotiated with the firm found most qualified.
  202  However, a contract for private correctional services may not be
  203  entered into by the department of Management Services unless the
  204  department of Management Services determines that the contractor
  205  has demonstrated that it has:
  206         1. The qualifications, experience, and management personnel
  207  necessary to carry out the terms of the contract.
  208         2. The ability to expedite the siting, design, and
  209  construction of correctional facilities.
  210         3. The ability to comply with applicable laws, court
  211  orders, and national correctional standards.
  212         (b) Indemnify the state and the department, including their
  213  officials and agents, against any and all liability, including,
  214  but not limited to, civil rights liability. Proof of
  215  satisfactory insurance is required in an amount to be determined
  216  by the department of Management Services.
  217         (e) Establish operations standards for correctional
  218  facilities subject to the contract. However, if the department
  219  and the contractor disagree with an operations standard, the
  220  contractor may propose to waive any rule, policy, or procedure
  221  of the department related to the operations standards of
  222  correctional facilities which is inconsistent with the mission
  223  of the contractor to establish cost-effective, privately
  224  operated correctional facilities. The department of Management
  225  Services shall be responsible for considering all proposals from
  226  the contractor to waive any rule, policy, or procedure and shall
  227  render a final decision granting or denying such request.
  228         (g) Require the selection and appointment of a full-time
  229  contract monitor. The contract monitor shall be appointed and
  230  supervised by the department of Management Services. The
  231  contractor is required to reimburse the department of Management
  232  Services for the salary and expenses of the contract monitor. It
  233  is the obligation of the contractor to provide suitable office
  234  space for the contract monitor at the correctional facility. The
  235  contract monitor shall have unlimited access to the correctional
  236  facility.
  237         (2) Each contract entered into for the design and
  238  construction of a private correctional facility or juvenile
  239  commitment facility must include:
  240         (c) A specific provision requiring the contractor, and not
  241  the department of Management Services, to obtain the financing
  242  required to design and construct the private correctional
  243  facility or juvenile commitment facility built under this
  244  chapter.
  245         (5) Each contract entered into by the department of
  246  Management Services must include substantial minority
  247  participation unless demonstrated by evidence, after a good
  248  faith effort, as impractical and must also include any other
  249  requirements the department of Management Services considers
  250  necessary and appropriate for carrying out the purposes of this
  251  chapter.
  252         (6) Notwithstanding s. 253.025(7), the Board of Trustees of
  253  the Internal Improvement Trust Fund need not approve a lease
  254  purchase agreement negotiated by the department of Management
  255  Services if the department of Management Services finds that
  256  there is a need to expedite the lease-purchase.
  257         (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
  258  the department of Management Services finds it to be in the best
  259  interest of timely site acquisition, it may contract without the
  260  need for competitive selection with one or more appraisers whose
  261  names are contained on the list of approved appraisers
  262  maintained by the Division of State Lands of the Department of
  263  Environmental Protection in accordance with s. 253.025(6)(b). In
  264  those instances when the department of Management Services
  265  directly contracts for appraisal services, it shall also
  266  contract with an approved appraiser who is not employed by the
  267  same appraisal firm for review services.
  268         (b) Notwithstanding s. 253.025(6), the department of
  269  Management Services may negotiate and enter into lease-purchase
  270  agreements before an appraisal is obtained. Any such agreement
  271  must state that the final purchase price cannot exceed the
  272  maximum value allowed by law.
  273         Section 15. Subsection (2) of section 957.06, Florida
  274  Statutes, is amended to read:
  275         957.06 Powers and duties not delegable to contractor.—A
  276  contract entered into under this chapter does not authorize,
  277  allow, or imply a delegation of authority to the contractor to:
  278         (2) Choose the facility to which an inmate is initially
  279  assigned or subsequently transferred. The contractor may
  280  request, in writing, that an inmate be transferred to a facility
  281  operated by the department. The Department of Management
  282  Services, the contractor, and the department shall develop and
  283  implement a cooperative agreement for transferring inmates
  284  between a correctional facility operated by the department and a
  285  private correctional facility. The department, the Department of
  286  Management Services, and the contractor must comply with the
  287  cooperative agreement.
  288         Section 16. Subsections (1) and (4) and paragraph (d) of
  289  subsection (5) of section 957.07, Florida Statutes, are amended
  290  to read:
  291         957.07 Cost-saving requirements.—
  292         (1) The department of Management Services may not enter
  293  into a contract or series of contracts unless the department
  294  determines that the contract or series of contracts in total for
  295  the facility will result in a cost savings to the state of at
  296  least 7 percent over the public provision of a similar facility.
  297  Such cost savings as determined by the department of Management
  298  Services must be based upon the actual costs associated with the
  299  construction and operation of similar facilities or services as
  300  determined by the department of Corrections and certified by the
  301  Auditor General. The department of Corrections shall calculate
  302  all of the cost components that determine the inmate per diem in
  303  correctional facilities of a substantially similar size, type,
  304  and location that are operated by the department of Corrections,
  305  including administrative costs associated with central
  306  administration. Services that are provided to the department of
  307  Corrections by other governmental agencies at no direct cost to
  308  the department shall be assigned an equivalent cost and included
  309  in the per diem.
  310         (4) The department of Corrections shall provide a report
  311  detailing the state cost to design, finance, acquire, lease,
  312  construct, and operate a facility similar to the private
  313  correctional facility on a per diem basis. This report shall be
  314  provided to the Auditor General in sufficient time that it may
  315  be certified to the Department of Management Services to be
  316  included in the request for proposals.
  317         (5)
  318         (d) If a private vendor chooses not to renew the contract
  319  at the appropriated level, the department of Management Services
  320  shall terminate the contract as provided in s. 957.14.
  321         Section 17. Section 957.08, Florida Statutes, is amended to
  322  read:
  323         957.08 Capacity requirements.—The department of Corrections
  324  shall transfer and assign prisoners to each private correctional
  325  facility opened pursuant to this chapter in an amount not less
  326  than 90 percent or more than 100 percent of the capacity of the
  327  facility pursuant to the contract with the department of
  328  Management Services. The prisoners transferred by the department
  329  of Corrections shall represent a cross-section of the general
  330  inmate population, based on the grade of custody or the offense
  331  of conviction, at the most comparable facility operated by the
  332  department.
  333         Section 18. Section 957.14, Florida Statutes, is amended to
  334  read:
  335         957.14 Contract termination and control of a correctional
  336  facility by the department.—A detailed plan shall be provided by
  337  a private vendor under which the department shall assume
  338  temporary control of a private correctional facility upon
  339  termination of the contract. The department of Management
  340  Services may terminate the contract with cause after written
  341  notice of material deficiencies and after 60 workdays in order
  342  to correct the material deficiencies. If any event occurs that
  343  involves the noncompliance with or violation of contract terms
  344  and that presents a serious threat to the safety, health, or
  345  security of the inmates, employees, or the public, the
  346  department may temporarily assume control of the private
  347  correctional facility, with the approval of the Department of
  348  Management Services. A plan shall also be provided by a private
  349  vendor for the purchase and temporary assumption of operations
  350  of a correctional facility by the department in the event of
  351  bankruptcy or the financial insolvency of the private vendor.
  352  The private vendor shall provide an emergency plan to address
  353  inmate disturbances, employee work stoppages, strikes, or other
  354  serious events in accordance with standards of the American
  355  Correctional Association.
  356         Section 19. Section 957.15, Florida Statutes, is amended to
  357  read:
  358         957.15 Funding of contracts for operation, maintenance, and
  359  lease-purchase of private correctional facilities.—The request
  360  for appropriation of funds to make payments pursuant to
  361  contracts entered into by the department of Management Services
  362  for the operation, maintenance, and lease-purchase of the
  363  private correctional facilities authorized by this chapter shall
  364  be made by the Department of Management Services in a request to
  365  the department. The department shall include such request in its
  366  budget request to the Legislature as a separately identified
  367  item and shall forward the request of the Department of
  368  Management Services without change. After an appropriation has
  369  been made by the Legislature to the department for the private
  370  correctional facilities, the department shall have no authority
  371  over such funds other than to pay from such appropriation to the
  372  appropriate private vendor such amounts as are certified for
  373  payment by the Department of Management Services.
  374         Section 20. Section 957.16, Florida Statutes, is amended to
  375  read:
  376         957.16 Expanding capacity.—The department of Management
  377  Services is authorized to modify and execute agreements with
  378  contractors to expand up to the total capacity of contracted
  379  correctional facilities. Total capacity means the design
  380  capacity of all contracted correctional facilities increased by
  381  one-half as described under s. 944.023(1)(b). Any additional
  382  beds authorized under this section must comply with the cost
  383  saving requirements set forth in s. 957.07. Any additional beds
  384  authorized as a result of expanded capacity under this section
  385  are contingent upon specified appropriations.
  386         Section 21. This act shall take effect July 1, 2011.
  387  
  388  ================= T I T L E  A M E N D M E N T ================
  389         And the title is amended as follows:
  390         Delete everything before the enacting clause
  391  and insert:
  392                        A bill to be entitled                      
  393         An act relating to criminal justice; transferring,
  394         renumbering, and amending s. 938.25, F.S.; requiring a
  395         court to assess an additional amount against a
  396         defendant who pleads guilty or nolo contendere to, or
  397         who is convicted of, violating certain specified
  398         offenses, and the services of a criminal analysis
  399         laboratory are used in the investigation of the
  400         offense; providing for the proceeds of the assessment
  401         to be deposited into the Operating Trust Fund of the
  402         Department of Law Enforcement and used by the
  403         statewide criminal analysis laboratory system;
  404         prohibiting the court from waiving the assessment;
  405         amending ss. 921.187 and 943.361, F.S.; conforming
  406         cross-references; amending s. 945.0311, F.S.; deleting
  407         a reference to the youthful offender basic training
  408         program; amending s. 951.231, F.S.; removing a
  409         reference to the youthful offender basic training
  410         program; amending s. 958.04, F.S.; deleting references
  411         to the youthful offender basic training program;
  412         repealing s. 958.045, F.S., relating to the youthful
  413         offender basic training program; amending s. 944.02,
  414         F.S.; redefining the term “elderly offender” to remove
  415         a reference to the Department of Management Services;
  416         amending s. 944.115, F.S.; removing a reference to the
  417         Department of Management Services in the definition of
  418         the term “employee”; amending ss. 944.72, 944.8041,
  419         and 945.215, F.S.; conforming provisions to changes
  420         made by the act; providing for a transfer of specified
  421         duties, functions, property, and funds from the
  422         Department of Management Services to the Department of
  423         Corrections; amending ss. 957.04, 957.06, 957.07,
  424         957.08, 957.14, 957.15, and 957.16, F.S.; conforming
  425         provisions to changes made by the act; providing an
  426         effective date.