The Florida Senate

¹957.03  Correctional Privatization Commission.--

(1)  COMMISSION.--The Correctional Privatization Commission is created for the purpose of entering into contracts with contractors for the designing, financing, acquiring, leasing, constructing, and operating of private correctional facilities. For administrative purposes, the commission is created within the Department of Management Services. The commission may enter into contracts with contractors for the designing, financing, acquiring, leasing, and constructing of private juvenile commitment facilities.

(2)  MEMBERS; QUALIFICATIONS.--The commission shall consist of five members appointed by the Governor, none of whom may be an employee of the Department of Corrections or the Department of Juvenile Justice, one of whom must be a minority person as defined in s. 288.703(3), and four of whom must be employed by the private sector. A commissioner may not have been an employee or a contract vendor of or a consultant to the department or the Department of Juvenile Justice, or an employee or a contract vendor of or a consultant to a bidder, for 2 years prior to appointment to the commission and may not become an employee or a contract vendor of or a consultant to the department or the Department of Juvenile Justice, or an employee or a contract vendor of or a consultant to a bidder, for 2 years following the termination of the appointment to the commission.

(3)  TERMS, ORGANIZATION, AND MEETINGS.--

(a)  The term of office for a member of the commission is 4 years.

(b)  A vacancy shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term only.

(c)  The Governor shall appoint from among the members a chair and a vice chair for terms of 2 years each.

(d)  Members of the commission shall serve without compensation but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061

(e)  The commission may employ an executive director and such staff as is necessary, within the limits of legislative appropriation. The commission may retain such consultants as it deems necessary to accomplish its mission. Neither the executive director nor any consultant retained by the commission may have been an employee or a contract vendor of or a consultant to the department or the Department of Juvenile Justice, or an employee or a contract vendor of or a consultant to a bidder, for 2 years prior to employment with the commission and may not become an employee or a contract vendor of or a consultant to the department or the Department of Juvenile Justice, or an employee or a contract vendor of or a consultant to a bidder, for 2 years following termination of employment with the commission.

(f)  The commission shall meet upon the call of the chair or a majority of the members of the commission. A majority of the members of the commission constitutes a quorum.

(g)  In accordance with all provisions of law, the commission may lease such office space as is necessary, within the limits of legislative appropriation.

(4)  DUTIES.--

(a)  The commission shall enter into a contract or contracts with one contractor per facility for the designing, acquiring, financing, leasing, constructing, and operating of that facility or, if specifically authorized by the Legislature, separately contract for any such services. The commission shall not enter into any contract to design, acquire, finance, lease, construct, or operate more than two private correctional facilities without specific legislative authorization.

(b)  In its request for proposals, the commission shall invite innovation and shall not require use of prototype designs of state correctional facilities specified or designed by or for the department or of state juvenile facilities specified or designed by or for the Department of Juvenile Justice. The commission shall not require the use of any prototype design that specially advantages any contractor.

(c)  The commission must report to the Speaker of the House of Representatives and the President of the Senate by December 1 each year on the status and effectiveness of the facilities under its management. Each report must also include a comparison of recidivism rates for inmates of private correctional facilities to the recidivism rates for inmates of comparable facilities managed by the department.

(5)  ADOPTION OF RULES.--The commission may adopt rules necessary to carry out its contracting and monitoring duties provided under this chapter.

(6)  SUPPORT BY DEPARTMENT OF MANAGEMENT SERVICES.--The commission shall be a separate budget entity, and the executive director shall be its chief administrative officer. The Department of Management Services shall provide administrative support and service to the commission to the extent requested by the executive director. The commission and its staff are not subject to control, supervision, or direction by the Department of Management Services in any manner, including, but not limited to, personnel, purchasing, and budgetary matters, except to the extent as provided in chapters 110, 216, 255, 282, and 287 for agencies of the executive branch. The executive director may designate a maximum of two policymaking or managerial positions as being exempt from the Career Service System. These two positions may be provided for as members of the Senior Management Service.

History.--s. 40, ch. 93-406; s. 1, ch. 94-148; s. 55, ch. 96-312; s. 21, ch. 96-422; s. 26, ch. 97-296; s. 12, ch. 2004-248.

¹Note.--Repealed July 1, 2005, by s. 12, ch. 2004-248.