2021 Florida Statutes (Including 2021B Session)
Inmate welfare and employee benefit trust funds.
Inmate welfare and employee benefit trust funds.
945.215 Inmate welfare and employee benefit trust funds.—
(1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.—
(a) The net proceeds from operating inmate canteens, vending machines used primarily by inmates and visitors, hobby shops, and other such facilities must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund; however, funds necessary to purchase items for resale at inmate canteens and vending machines must be deposited into local bank accounts designated by the department.
(b) All proceeds from contracted telephone commissions must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund. The department shall develop and update, as necessary, administrative procedures to verify that:
1. Contracted telephone companies accurately record and report all telephone calls made by inmates incarcerated in correctional facilities under the department’s jurisdiction;
2. Persons who accept collect calls from inmates are charged the contracted rate; and
3. The department receives the contracted telephone commissions.
(c) Any funds that may be assigned by inmates or donated to the department by the general public or an inmate service organization must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund; however, the department shall not accept any donation from, or on behalf of, any individual inmate.
(d) All proceeds from the following sources must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund:
1. The confiscation and liquidation of any contraband found upon, or in the possession of, any inmate;
2. Disciplinary fines imposed against inmates;
3. Forfeitures of inmate earnings; and
4. Unexpended balances in individual inmate trust fund accounts of less than $1.
(e) Items for resale at inmate canteens and vending machines maintained at the correctional facilities shall be priced comparatively with like items for retail sale at fair market prices.
(f) Notwithstanding any other provision of law, inmates with sufficient balances in their individual inmate bank trust fund accounts, after all debts against the account are satisfied, shall be allowed to request a weekly draw of up to an amount set by the Secretary of Corrections, not to exceed $100, to be expended for personal use on canteen and vending machine items.
(2) STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
(a) The State-Operated Institutions Inmate Welfare Trust Fund constitutes a trust held by the department for the benefit and welfare of inmates incarcerated in correctional facilities operated directly by the department.
(b) Deposits into the trust fund may not exceed a total of $2.5 million in any fiscal year. Any proceeds or funds that would cause deposits into the trust fund to exceed this limit must be deposited into the General Revenue Fund.
(c) Funds in the trust fund shall be used exclusively to provide for or operate any of the following at correctional facilities operated by the department:
1. Literacy programs, vocational training programs, and educational programs.
2. Inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family services and programs, and libraries.
3. Inmate substance abuse treatment programs and transition and life skills training programs.
4. The purchase, rental, maintenance, or repair of electronic or audiovisual equipment, media, services, and programming used by inmates.
5. The purchase, rental, maintenance, or repair of recreation and wellness equipment.
6. The purchase, rental, maintenance, or repair of bicycles used by inmates traveling to and from employment in the work-release program authorized under s. 945.091(1)(b).
(d) Funds in the trust fund may be expended only pursuant to legislative appropriation.
(e) The department shall annually compile a report that documents State-Operated Institutions Inmate Welfare Trust Fund receipts and expenditures. This report must be compiled at both the statewide and institutional levels. The department must submit the report for the previous fiscal year by October 1 of each year to the Executive Office of the Governor and the chairs of the appropriate substantive and fiscal committees of the Senate and the House of Representatives.
(3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.—
(a) For purposes of this subsection, privately operated institutions or private correctional facilities are those correctional facilities under contract with the department pursuant to chapter 944 or the Department of Management Services pursuant to chapter 957.
(b)1. The net proceeds derived from inmate canteens, vending machines used primarily by inmates, telephone commissions, and similar sources at private correctional facilities shall be deposited in the Privately Operated Institutions Inmate Welfare Trust Fund.
2. Funds in the Privately Operated Institutions Inmate Welfare Trust Fund shall be expended only pursuant to legislative appropriation.
(c) The Department of Management Services shall annually compile a report that documents Privately Operated Institutions Inmate Welfare Trust Fund receipts and expenditures at each private correctional facility. This report must specifically identify receipt sources and expenditures. The Department of Management Services shall compile this report for the prior fiscal year and shall submit the report by September 1 of each year to the chairs of the appropriate substantive and fiscal committees of the Senate and House of Representatives and to the Executive Office of the Governor.
(4) EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF CORRECTIONS.—
(a) The department may establish an Employee Benefit Trust Fund. Trust fund sources may be derived from any of the following:
1. Proceeds of vending machines, staff canteens, or other such services not intended for use by inmates.
2. Net proceeds of the recycling program.
3. Donations, except for donations made by, or on behalf of, an individual inmate, and except for donations made by a person who provides, or seeks to provide, goods or services to the department under a contract or an agreement, individually or through a corporation or organization.
4. Additional trust funds and grants which may become available.
(b) Funds from the Employee Benefit Trust Fund may be used for employee appreciation programs and activities and to construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Such facilities are the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.
(c) The Employee Benefit Trust Fund shall be established as a separate and distinct set of accounts, which shall be maintained centrally by the department, overseen by the secretary, and subject to an annual audit by the department’s inspector general.
(d) The department shall maintain sufficient data to provide an annual report, upon request, to the President of the Senate, the Speaker of the House of Representatives, and the Executive Office of the Governor on December 1 which lists the types of services provided using moneys in the trust fund and the allocations of funds spent.
History.—s. 1, ch. 79-78; s. 10, ch. 85-288; s. 1, ch. 87-233; s. 5, ch. 94-273; s. 14, ch. 96-312; s. 1858, ch. 97-102; s. 3, ch. 98-388; s. 14, ch. 99-271; s. 4, ch. 2000-328; s. 1, ch. 2001-379; s. 1, ch. 2002-268; s. 10, ch. 2003-179; s. 9, ch. 2004-248; s. 3, ch. 2007-210; s. 90, ch. 2016-10; s. 2, ch. 2020-98.