Senate Bill 1216

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1216

    By Senator Crist





    20-1317-98                                         See HB 3215

  1                      A bill to be entitled

  2         An act relating to corrections; requiring a

  3         state correctional institution, or the

  4         Department of Corrections acting in its behalf,

  5         to seek reimbursement for costs of

  6         incarceration of a prisoner, including certain

  7         medical and dental expenses, which have not

  8         been reimbursed as otherwise provided by law;

  9         specifying order of sources of reimbursement;

10         providing for deduction of the costs from the

11         prisoner's cash account, placement of a lien

12         against the account or the prisoner's other

13         personal property, or reimbursement from the

14         proceeds of the prisoner's insurance policy,

15         health care corporation proceeds, or other

16         source; providing that the lien may be carried

17         over to future incarceration under certain

18         circumstances; requiring the prisoner to

19         cooperate with such reimbursement efforts;

20         providing for sanctions in case of willful

21         refusal to cooperate, including placement of a

22         lien against the prisoner's cash account or

23         other personal property and ineligibility to

24         receive gain-time; providing an effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Financial responsibility for costs of

29  incarceration, including medical or dental expenses.--

30         (1)  A state correctional institution, or the

31  Department of Corrections acting in its behalf, which incurs

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1216
    20-1317-98                                         See HB 3215




  1  costs of incarceration for a prisoner which have not been

  2  reimbursed as otherwise provided for by law, including costs

  3  of providing medical or dental care, treatment,

  4  hospitalization, or transportation, may seek reimbursement for

  5  the costs of incarceration, including such expenses incurred,

  6  in the following order:

  7         (a)  From the prisoner by deducting the cost from the

  8  prisoner's cash account on deposit with the state correctional

  9  institution.  If the prisoner's cash account does not contain

10  sufficient funds to cover the costs of incarceration,

11  including such expenses, the state correctional institution or

12  the department may place a lien against the prisoner's cash

13  account or other personal property to provide payment in the

14  event sufficient funds become available at a later time.  Any

15  existing lien may be carried over to future incarceration of

16  the same prisoner, except as otherwise provided by law.

17         (b)  From an insurance company, health care

18  corporation, or other source if the prisoner or person is

19  covered by an insurance policy or subscribes to a health care

20  corporation or other source for those expenses.

21         (2)  A prisoner shall cooperate with the state

22  correctional institution and the department in seeking

23  reimbursement under paragraphs(1)(a) and (b) for expenses

24  incurred by the state correctional institution for the

25  prisoner.  A prisoner who willfully refuses to cooperate with

26  the reimbursement efforts of the state correctional

27  institution may have a lien placed against the prisoner's cash

28  account or other personal property and may not receive

29  gain-time as provided by s. 944.275, Florida Statutes.

30         Section 2.  This act shall take effect October 1 of the

31  year in which enacted.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1216
    20-1317-98                                         See HB 3215




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  2                       LEGISLATIVE SUMMARY

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      Requires a state correctional institution, or the
  4    Department of Corrections acting in its behalf, to seek
      reimbursement for costs of incarceration of a prisoner,
  5    including certain medical and dental expenses, which have
      not been reimbursed as otherwise provided by law.
  6    Provides for deduction of the costs from the prisoner's
      cash account, placement of a lien against the account or
  7    the prisoner's other personal property, or reimbursement
      from the proceeds of the prisoner's insurance policy,
  8    health care corporation proceeds, or other source.
      Provides that the lien may be carried over to future
  9    incarceration under certain circumstances. Requires the
      prisoner to cooperate with such reimbursement efforts,
10    and provides for sanctions in case of willful refusal to
      cooperate.
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