CODING: Words stricken are deletions; words underlined are additions.
H
Senator Gutman moved the following amendment:
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Gutman moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 delete the entire amendment
15
16 and insert:
17 Section 1. Subsection (11) is added to section 951.23,
18 Florida Statutes, to read:
19 951.23 County and municipal detention facilities;
20 definitions; administration; standards and requirements.--
21 (11)(a) Any prisoner in a county or municipal
22 detention facility who knowingly and willfully refuses on
23 three or more occasions to obey or comply with any rule
24 governing the conduct of prisoners commits a misdemeanor of
25 the second degree, punishable as provided in s. 775.082 or s.
26 775.083. Such punishment must be in addition to any sentence
27 he or she may be serving. A prisoner may be charged with,
28 convicted of, and sentenced for a violation of this subsection
29 in addition to any other criminal offense committed while
30 detained in a county or municipal detention facility.
31 (b) Upon a prisoner's classification in a county or
1
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 municipal detention facility, he or she must be provided with
2 a printed copy of the rules governing the conduct of
3 prisoners. Translation assistance must be provided, as needed.
4 (c) As used in this subsection, the term "rules
5 governing the conduct of prisoners" means any of the rules
6 relating to order and discipline provided in the Florida Model
7 Jail Standards, adopted pursuant to subsection (4) and
8 effective on October 1, 1997.
9 Section 2. (1) The following trust funds and fund
10 accounts are terminated on July 1, 1998:
11 (a) Within the state courts system:
12 1. Appellate Opinion Distribution Trust Fund, SAMAS
13 number 222215.
14 2. Working Capital Trust Fund, SAMAS number 222792.
15 (b) Within the Department of Corrections:
16 1. Hurricane Andrew Recovery and Rebuilding Trust
17 Fund, SAMAS number 702205.
18 2. Working Capital Trust Fund, SAMAS number 702792.
19 (2) All current balances remaining in, and all
20 revenues of, the trust funds and fund accounts terminated by
21 this act shall be transferred to the General Revenue Fund.
22 (3) For each trust fund or fund account terminated by
23 this act, the state courts system or Department of
24 Corrections, as applicable, shall pay any outstanding debts or
25 obligations of the terminated fund or account as soon as
26 practicable, and the Comptroller shall close out and remove
27 the terminated fund or account from the various state
28 accounting systems using generally accepted accounting
29 principles concerning warrants outstanding, assets, and
30 liabilities.
31 Section 3. Section 216.272, Florida Statutes, is
2
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 amended to read:
2 216.272 Working Capital Trust Funds.--
3 (1) There are hereby created Working Capital Trust
4 Funds for the purpose of providing sufficient funds for the
5 operation of data processing centers, which may include the
6 creation of a reserve account within the Working Capital Trust
7 Fund to pay for future information technology resource
8 acquisitions as appropriated by the Legislature. Such funds
9 shall be created from moneys budgeted for data processing
10 services and equipment by those agencies, and the judicial
11 branch, to be served by the data processing center.
12 (2) The funds so allocated shall be in an amount
13 sufficient to finance the center's operation; however, each
14 agency or judicial branch served by the center shall
15 contribute an amount equal to its proportionate share of cost
16 of operating such data processing center. Each agency, or the
17 judicial branch, utilizing the services of the data processing
18 center shall pay such moneys into the appropriate Working
19 Capital Trust Fund on a quarterly basis or such other basis as
20 may be determined by the Executive Office of the Governor or
21 the Chief Justice as appropriate.
22 Section 4. Section 945.215, Florida Statutes, is
23 amended to read:
24 945.215 Inmate welfare and employee benefit trust
25 funds.--
26 (1) INMATE WELFARE TRUST FUND; DEPARTMENT OF
27 CORRECTIONS.--
28 (a) The Inmate Welfare Trust Fund constitutes a trust
29 held by the department for the benefit and welfare of
30 offenders and inmates under the jurisdiction of the Department
31 of Corrections. Funds shall be credited to the trust fund as
3
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 follows:
2 1. All funds moneys held in any auxiliary, canteen,
3 welfare, or similar fund in any correctional facility operated
4 directly by the department state institution under the
5 jurisdiction of the Department of Corrections shall be
6 deposited in the Inmate Welfare Trust Fund of the department,
7 which fund is created in the State Treasury, to be
8 appropriated annually by the Legislature and deposited in the
9 Department of Corrections Grants and Donations Trust Fund.
10 2. All net proceeds from operating inmate canteens,
11 vending machines used primarily by inmates, hobby shops, and
12 other such facilities; however, funds necessary to moneys
13 budgeted by the department for the purchase of items for
14 resale at inmate canteens and or vending machines must be
15 deposited into local bank accounts designated by the
16 department. The department shall submit to the President of
17 the Senate and the Speaker of the House of Representatives by
18 January 1 of each year a report that documents the receipts
19 and expenditures, including a verification of telephone
20 commissions, from the Inmate Welfare Trust Fund for the
21 previous fiscal year. The report must present this information
22 by program, by institution, and by type of receipt.
23 3. All proceeds from contracted telephone commissions.
24 The department shall develop and update, as necessary,
25 administrative procedures to verify that:
26 a. Contracted telephone companies accurately record
27 and report all telephone calls made by inmates incarcerated in
28 correctional facilities under the department's jurisdiction;
29 b. Persons who accept collect calls from inmates are
30 charged the contracted rate; and
31 c. The department receives the contracted telephone
4
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 commissions.
2 4. Any funds that may be assigned by inmates or
3 donated to the department by the general public or an inmate
4 service organization; however, the department shall not accept
5 any donation from, or on behalf of, any individual inmate.
6 5. Repayment of the one-time sum of $500,000
7 appropriated in fiscal year 1996-1997 from the Inmate Welfare
8 Trust Fund for correctional work programs pursuant to s.
9 946.008.
10 6. All proceeds from:
11 a. The confiscation and liquidation of any contraband
12 found upon, or in the possession of, any inmate:
13 b. Disciplinary fines imposed against inmates;
14 c. Forfeitures of inmate earnings; and
15 d. Unexpended balances in individual inmate trust fund
16 accounts of less than $1.
17 7. All interest earnings and other proceeds derived
18 from investments of funds deposited in the trust fund. In the
19 manner authorized by law for fiduciaries, the secretary of the
20 department, or the secretary's designee, may invest any funds
21 in the trust fund when it is determined that such funds are
22 not needed for immediate use.
23 (b) Funds Beginning with the legislative appropriation
24 for fiscal year 1995-1996 and thereafter, the money in the
25 Inmate Welfare Trust Fund must be used exclusively for the
26 following purposes at correctional facilities operated
27 directly by the department:
28 1. To operate inmate canteens and vending machines,
29 including purchasing purchase items for resale at the inmate
30 canteens and or vending machines, maintained at the
31 correctional facilities;
5
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 2. employing To employ personnel and inmates to
2 manage, supervise, and operate inmate the canteens and vending
3 machines, at the correctional facilities;
4 3. and covering other For operating and fixed capital
5 outlay expenses associated with operating the operation of
6 inmate canteens and vending machines;
7 2.4. To employ personnel to manage and supervise the
8 proceeds from telephone commissions;
9 3. To develop, implement, and maintain the medical
10 copayment accounting system;
11 4.5. To employ personnel for correctional education To
12 provide literacy programs, vocational training programs, and
13 educational academic programs that comply with standards of
14 the Department of Education, including employing personnel and
15 covering other;
16 6. For operating and fixed capital outlay expenses
17 associated with providing such programs the delivery to
18 inmates of literacy programs, vocational training, and
19 academic programs that comply with standards of the Department
20 of Education;
21 5.7. To operate inmate chapels, faith-based programs,
22 visiting pavilions, libraries, and law libraries, including
23 employing personnel and covering other For operating and fixed
24 capital outlay expenses associated with operating the
25 operation of inmate chapels, faith-based programs, visiting
26 pavilions, libraries, and law libraries visiting pavilions;
27 8. To employ personnel to operate the libraries,
28 chapels, and visiting pavilions;
29 6.9. To provide for expenses associated with various
30 inmate clubs;
31 7.10. To provide for expenses associated with legal
6
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 services for inmates;
2 8.11. To employ personnel To provide inmate substance
3 abuse treatment programs and transition and life skills
4 training programs, including employing personnel; and
5 12. covering other For operating and fixed capital
6 outlay expenses associated with providing such programs the
7 delivery of inmate substance abuse treatment and transition
8 and life skills training programs.
9 (c) The Legislature shall annually appropriate the
10 funds deposited in the Inmate Welfare Trust Fund. It is the
11 intent of the Legislature that total annual expenditures for
12 providing literacy programs, vocational training programs, and
13 educational programs exceed the combined items listed in
14 subparagraphs 5. and 6. must exceed the total annual
15 expenditures for operating inmate chapels, faith-based
16 programs, visiting pavilions, libraries, and law libraries,
17 covering expenses associated with inmate clubs, and providing
18 inmate substance abuse treatment programs and transition and
19 life skills training programs items listed in subparagraphs 7.
20 through 12.
21 (d) Funds in the Inmate Welfare Trust Fund or any
22 other fund may not be used to purchase cable television
23 service, to rent or purchase videocassettes, videocassette
24 recorders, or other audiovisual or electronic equipment used
25 primarily for recreation purposes. This paragraph does not
26 preclude the purchase or rental of electronic or audiovisual
27 equipment for inmate training or educational programs. The
28 department shall develop administrative procedures to verify
29 that contracted telephone commissions are being received, that
30 persons who have accepted collect calls from inmates are being
31 charged the contracted rate, and that contracted telephone
7
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 companies are accurately and completely recording and
2 reporting all inmate telephone calls made.
3 (c) There shall be deposited in the Inmate Welfare
4 Trust Fund all net proceeds from the operation of canteens,
5 vending machines, hobby shops, and other such facilities and
6 any moneys that may be assigned by the inmates or donated to
7 the department by the general public or an inmate service
8 organization for deposit in the fund. However, the department
9 shall refuse to accept any donations from or on behalf of any
10 individual inmate. The moneys of the fund shall constitute a
11 trust held by the department for the benefit and welfare of
12 the inmates of the institutions under the jurisdiction of the
13 department.
14 (d) There shall be deposited in the Inmate Welfare
15 Trust Fund such moneys as constitute repayment of the one-time
16 sum appropriated pursuant to s. 946.008.
17 (e) Any contraband found upon, or in the possession
18 of, any inmate in any institution under the jurisdiction of
19 the department shall be confiscated and liquidated, and the
20 proceeds thereof shall be deposited in the Inmate Welfare
21 Trust Fund of the department.
22 (f) The secretary of the department or the secretary's
23 designee may invest in the manner authorized by law for
24 fiduciaries any money in the Inmate Welfare Trust Fund of the
25 department that in his or her opinion is not necessary for
26 immediate use, and the interest earned and other increments
27 derived from such investments made pursuant to this section
28 shall be deposited in the Inmate Welfare Trust Fund of the
29 department.
30 (e)(g) Items for resale at the inmate canteens and or
31 vending machines maintained at the correctional facilities
8
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 shall be priced comparatively with like items for retail sale
2 at fair market prices.
3 (f)(h) Notwithstanding any other provision of law,
4 inmates with sufficient balances in their individual inmate
5 bank trust fund accounts, after all debts against the account
6 are satisfied, shall be allowed to request a weekly draw of up
7 to $45 to be expended for personal use on canteen and vending
8 machine items.
9 (g) The department shall annually compile a report
10 that specifically documents Inmate Welfare Trust Fund receipts
11 and expenditures. This report shall be compiled at both the
12 statewide and institutional levels. The department must submit
13 this report for the previous fiscal year by September 1 of
14 each year to the chairs of the appropriate substantive and
15 fiscal committees of the Senate and the House of
16 Representatives and to the Executive Office of the Governor.
17 (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE
18 TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--
19 (a) For purposes of this subsection, privately
20 operated institutions or private correctional facilities are
21 those correctional facilities under contract with the
22 department pursuant to chapter 944 or the Correctional
23 Privatization Commission pursuant to chapter 957.
24 (b)1. The net proceeds derived from inmate canteens,
25 vending machines used primarily by inmates, telephone
26 commissions, and similar sources at private correctional
27 facilities shall be deposited in the Privately Operated
28 Institutions Inmate Welfare Trust Fund.
29 2. Funds in the Privately Operated Institutions Inmate
30 Welfare Trust Fund shall be expended only pursuant to
31 legislative appropriation.
9
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (c) The Correctional Privatization Commission shall
2 annually compile a report that documents Privately Operated
3 Institutions Inmate Welfare Trust Fund receipts and
4 expenditures at each private correctional facility. This
5 report must specifically identify receipt sources and
6 expenditures. The Correctional Privatization Commission shall
7 compile this report for the prior fiscal year and shall submit
8 the report by September 1 of each year to the chairs of the
9 appropriate substantive and fiscal committees of the Senate
10 and House of Representatives and to the Executive Office of
11 the Governor.
12 (3) EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF
13 CORRECTIONS.--
14 (a) The department may establish an Employee Benefit
15 Trust Fund. Trust fund sources may be derived from any of the
16 following:
17 1.(a) Proceeds of vending machines or other such
18 services not intended for use by inmates.
19 2.(b) Donations, except donations by, or on behalf of,
20 an individual inmate.
21 3.(c) Additional trust funds and grants which may
22 become available.
23 (b) Funds from the Employee Benefit Trust Fund Such
24 fund shall be maintained and audited separately and apart from
25 the Inmate Welfare Trust Fund. Portions of the fund may be
26 used to construct, operate, and maintain training and
27 recreation facilities at correctional facilities for the
28 exclusive use of department employees respective institutions.
29 Such facilities are shall be the property of the department
30 and must shall provide the maximum benefit to all interested
31 employees, regardless of gender of both sexes, including
10
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 teachers, clerical staff, medical and psychological services
2 personnel, and officers and administrators.
3 Section 5. Paragraph (d) of subsection (2) of section
4 944.803, Florida Statutes, is amended to read:
5 944.803 Faith-based programs for inmates.--
6 (2) It is the intent of the Legislature that the
7 Department of Corrections and the private vendors operating
8 private correctional facilities shall continuously:
9 (d) Fund through the use of the inmate welfare trust
10 funds fund pursuant to s. 945.215 an adequate number of
11 chaplains and support staff to operate faith-based chaplaincy
12 programs in state correctional institutions.
13 Section 6. Section 945.31, Florida Statutes, is
14 amended to read:
15 945.31 Restitution and other payments.--The department
16 may establish bank accounts outside the State Treasury for the
17 purpose of collecting and disbursing restitution and other
18 court-ordered payments from persons in its custody or under
19 its supervision, and may collect an administrative processing
20 fee in an amount equal to 4 percent of the gross amounts of
21 such payments. Such administrative processing fee shall be
22 deposited in the department's Operating Grants and Donations
23 Trust Fund and shall be used to offset the cost of the
24 department's services.
25 Section 7. Section 945.76, Florida Statutes, is
26 amended to read:
27 945.76 Certification and monitoring of batterers'
28 intervention programs; fees.--
29 (1) Pursuant to s. 741.32, the Department of
30 Corrections is authorized to assess and collect:
31 (a) An annual certification fee fees not to exceed
11
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 $300 for the certification and monitoring of batterers'
2 intervention programs certified by the Department of
3 Corrections' Office of Certification and Monitoring of
4 Batterers' Intervention Programs and.
5 (b) An annual certification fee not to exceed $200 for
6 the certification and monitoring of assessment personnel
7 providing direct services to persons who:
8 1.(a) Are ordered by the court to participate in a
9 domestic violence prevention program;
10 2.(b) Are adjudged to have committed an act of
11 domestic violence as defined in s. 741.28;
12 3.(c) Have an injunction entered for protection
13 against domestic violence; or
14 4.(d) Agree to attend a program as part of a diversion
15 or pretrial intervention agreement by the offender with the
16 state attorney.
17 (2) All persons required by the court to attend
18 domestic violence programs certified by the Department of
19 Corrections' Office of Certification and Monitoring of
20 Batterers' Intervention Programs shall pay an additional $30
21 fee for each 29-week program to the Department of Corrections.
22 (3) The fees assessed and collected under this section
23 fee shall be deposited in the department's Operating Grants
24 and Donations Trust Fund to be used by the department to fund
25 the cost of certifying and monitoring batterers' intervention
26 programs.
27 Section 8. Subsection (7) of section 944.10, Florida
28 Statutes, is amended to read:
29 944.10 Department of Corrections to provide buildings;
30 sale and purchase of land; contracts to provide services and
31 inmate labor.--
12
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (7) The department may enter into contracts with
2 federal, state, or local governmental entities or subdivisions
3 to provide services and inmate labor for the construction of
4 buildings, parks, roads, any detention or commitment
5 facilities, or any other project deemed to be appropriate by
6 the Department of Corrections, which may include, but is not
7 limited to, the planning, design, site acquisition or
8 preparation, management, or construction of such projects. The
9 department may charge fees for providing such services. All
10 fees collected must be placed in the Correctional Work Program
11 Grants and Donations Trust Fund.
12 Section 9. Subsection (2) of section 948.09, Florida
13 Statutes, is amended to read:
14 948.09 Payment for cost of supervision and
15 rehabilitation.--
16 (2) Any person being electronically monitored by the
17 department as a result of placement on community control shall
18 be required to pay a $1-per-day surcharge in addition to the
19 cost of supervision fee as directed by the sentencing court.
20 The surcharge shall be deposited in the Operating Grants and
21 Donations Trust Fund to be used by the department for
22 purchasing and maintaining electronic monitoring devices.
23 Section 10. Subsection (10) of section 951.23, Florida
24 Statutes, is amended to read:
25 951.23 County and municipal detention facilities;
26 definitions; administration; standards and requirements.--
27 (10) Nothing in this section prohibits the governing
28 board of a county or municipality to enter into an agreement
29 with the Department of Corrections authorizing the department
30 to inspect the local detention facilities under the
31 jurisdiction of the governing body. A governing board of a
13
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 county or municipality may enter into such agreements with the
2 department upon consultation with the sheriff if the sheriff
3 operates the detention facility. The inspections performed by
4 the department shall be consultatory in nature and for the
5 purpose of advising the local governing bodies concerning
6 compliance with the standards adopted by the detention
7 facility's chief correctional officer. Such agreements must
8 include, but are not limited to, provisions for the physical
9 and operational standards that were adopted by the chief
10 correctional officer of the detention facility, the manner and
11 frequency of inspections to be conducted by the department,
12 whether such inspections are to be announced or unannounced by
13 the department, the type of access the department may have to
14 the detention facility, and the amount of payment by the local
15 governing body, if any, for the services rendered by the
16 department. Inspections and access to local detention
17 facilities shall not interfere with custody of inmates or the
18 security of the facilities as determined by the chief
19 correctional officer of each facility. Any fees collected by
20 the department pursuant to such agreements must be deposited
21 into the Operating Grants and Donations Trust Fund and shall
22 be used to pay the cost of the services provided by the
23 department to monitor local detention facilities pursuant to
24 such agreements. This subsection shall be repealed effective
25 October 1, 1999.
26 Section 11. Section 386.213, Florida Statutes, is
27 created to read:
28 386.213 Smoking prohibited inside state correctional
29 facilities.--
30 (1) The purpose of this section is to protect the
31 health, comfort, and environment of employees of the
14
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Department of Corrections, employees of privately operated
2 correctional facilities, employees of the Correctional
3 Privatization Commission, and inmates by prohibiting inmates
4 from using tobacco products inside any offices or buildings
5 within state correctional facilities, and by ensuring that
6 employees and visitors do not use tobacco products inside any
7 office or building within state correctional facilities.
8 Scientific evidence links the use of tobacco products with
9 numerous significant health risks. The use of tobacco products
10 by inmates, employees, or visitors is contrary to efforts by
11 the Department of Corrections to reduce the costs of inmate
12 health care and to limit unnecessary litigation. The
13 Department of Corrections and the private vendors operating
14 correctional facilities shall make smoking cessation
15 assistance available to inmates in order to implement this
16 section. The Department of Corrections and the private vendors
17 operating correctional facilities shall implement this section
18 as soon as possible, and all provisions of this section must
19 be fully implemented by January 1, 1999.
20 (2) As used in this section, the term:
21 (a) "Department" means the Department of Corrections.
22 (b) "Employee" means an employee of the department or
23 a private vendor in a contractual relationship with either the
24 Department of Corrections or the Correctional Privatization
25 Commission, and includes persons such as contractors,
26 volunteers, or law enforcement officers who are within a state
27 correctional facility to perform a professional service.
28 (c) "State correctional facility" means a state or
29 privately operated correctional institution as defined in s.
30 944.02, or a correctional institution or facility operated
31 under s. 944.105 or chapter 957.
15
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (d) "Tobacco products" means items such as cigars,
2 cigarettes, snuff, loose tobacco, or similar goods made with
3 any part of the tobacco plant, which are prepared or used for
4 smoking, chewing, dipping, sniffing, or other personal use.
5 (e) "Visitor" means any person other than an inmate or
6 employee who is within a state correctional facility for a
7 lawful purpose and includes, but is not limited to, persons
8 who are authorized to visit state correctional institutions
9 pursuant to s. 944.23, and persons authorized to visit as
10 prescribed by departmental rule or vendor policy.
11 (f) "Prohibited areas" means any indoor areas of any
12 building, portable or other enclosed structure within a state
13 correctional facility.
14 (3)(a) An inmate within a state correctional facility
15 may not use tobacco products in prohibited areas at any time
16 while in the custody of the department or under the
17 supervision of a private vendor operating a correctional
18 facility.
19 (b)1. An employee or visitor may not use any tobacco
20 products in prohibited areas.
21 2. The superintendent, warden, or supervisor of a
22 state correctional facility shall take reasonable steps to
23 ensure that the tobacco prohibition for employees and visitors
24 is strictly enforced.
25 (4) An inmate who violates this section commits a
26 disciplinary infraction and is subject to punishment
27 determined to be appropriate by the disciplinary authority in
28 the state correctional facility, including, but not limited
29 to, forfeiture of gain-time or the right to earn gain-time in
30 the future under s. 944.28.
31 (5) The department may adopt rules and the private
16
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 vendors operating correctional facilities may adopt policies
2 and procedures for the designation of prohibited areas and
3 smoking areas and for the imposition of penalties pursuant to
4 this section. For the purposes of this section, the
5 designation of prohibited areas shall not include employee
6 housing on the grounds of a state correctional facility or
7 maximum security inmate housing areas.
8 Section 12. Subsection (1) of section 386.203, Florida
9 Statutes, is amended to read:
10 386.203 Definitions.--As used in this part:
11 (1) "Public place" means the following enclosed,
12 indoor areas used by the general public:
13 (a) Government buildings;
14 (b) Public means of mass transportation and their
15 associated terminals not subject to federal smoking
16 regulation;
17 (c) Elevators;
18 (d) Hospitals;
19 (e) Nursing homes;
20 (f) Educational facilities;
21 (g) Public school buses;
22 (h) Libraries;
23 (i) Courtrooms;
24 (j) Jury waiting and deliberation rooms;
25 (k) Museums;
26 (l) Theaters;
27 (m) Auditoriums;
28 (n) Arenas;
29 (o) Recreational facilities;
30 (p) Restaurants which seat more than 50 persons;
31 (q) Retail stores, except a retail store the primary
17
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 business of which is the sale of tobacco or tobacco related
2 products;
3 (r) Grocery stores;
4 (s) Places of employment;
5 (t) Health care facilities;
6 (u) Day care centers; and
7 (v) Common areas of retirement homes and
8 condominiums.; and
9 (w) State correctional facilities.
10 Section 13. Section 945.10, Florida Statutes, is
11 amended to read:
12 945.10 Confidential information; illegal acts;
13 penalties.--
14 (1) Except as otherwise provided by law or in this
15 section, the following records and information of the
16 Department of Corrections are confidential and exempt from the
17 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution:
19 (a) Mental health, medical, or substance abuse records
20 of an inmate or an offender.
21 (b) Preplea, pretrial intervention, presentence or
22 postsentence investigative records.
23 (c) Information regarding a person in the federal
24 witness protection program.
25 (d) Parole Commission records which are confidential
26 or exempt from public disclosure by law.
27 (e) Information which if released would jeopardize a
28 person's safety.
29 (f) Information concerning a victim's statement and
30 identity.
31 (g) The identity of an executioner.
18
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (h) Records that are otherwise confidential or exempt
2 from public disclosure by law.
3 (2) The records and information specified in
4 paragraphs (1)(b)-(h) may be released as follows unless
5 expressly prohibited by federal law:
6 (a) Information specified in paragraphs (1)(b), (d),
7 and (f) to the Office of the Governor, the Legislature, the
8 Parole Commission, the Department of Health and Rehabilitative
9 Services, a private correctional facility or program that
10 operates under a contract, the Department of Legal Affairs, a
11 state attorney, the court, or a law enforcement agency. A
12 request for records or information pursuant to this paragraph
13 need not be in writing.
14 (b) Information specified in paragraphs (1)(c), (e),
15 and (h) to the Office of the Governor, the Legislature, the
16 Parole Commission, the Department of Health and Rehabilitative
17 Services, a private correctional facility or program that
18 operates under contract, the Department of Legal Affairs, a
19 state attorney, the court, or a law enforcement agency. A
20 request for records or information pursuant to this paragraph
21 must be in writing and a statement provided demonstrating a
22 need for the records or information.
23 (c) Information specified in paragraph (1)(b) to an
24 attorney representing an inmate under sentence of death,
25 except those portions of the records containing a victim's
26 statement or address, or the statement or address of a
27 relative of the victim. A request for records of information
28 pursuant to this paragraph must be in writing and a statement
29 provided demonstrating a need for the records or information.
30 (d) Information specified in paragraph (1)(b) to a
31 public defender representing a defendant, except those
19
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 portions of the records containing a victim's statement or
2 address, or the statement or address of a relative of the
3 victim. A request for records or information pursuant to this
4 paragraph need not be in writing.
5 (e) Information specified in paragraph (1)(b) to state
6 or local governmental agencies. A request for records or
7 information pursuant to this paragraph must be in writing and
8 a statement provided demonstrating a need for the records or
9 information.
10 (f) Information specified in paragraph (1)(b) to a
11 person conducting legitimate research. A request for records
12 and information pursuant to this paragraph must be in writing,
13 the person requesting the records or information must sign a
14 confidentiality agreement, and the department must approve the
15 request in writing.
16
17 Records and information released under this subsection remain
18 confidential and exempt from the provisions of s. 119.07(1)
19 and s. 24(a), Art. I of the State Constitution when held by
20 the receiving person or entity.
21 (3) Due to substantial concerns regarding
22 institutional security and unreasonable and excessive demands
23 on personnel and resources if an inmate or an offender has
24 unlimited or routine access to records of the Department of
25 Corrections, an inmate or an offender who is under the
26 jurisdiction of the department may not have unrestricted
27 access to the department's records or to information contained
28 in the department's records. However, except as to another
29 inmate's or offender's records, the department may permit
30 limited access to its records if an inmate or an offender
31 makes a written request and demonstrates an exceptional need
20
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 for information contained in the department's records and the
2 information is otherwise unavailable. Exceptional
3 circumstances include, but are not limited to:
4 (a) The inmate or offender requests documentation to
5 resolve a conflict between the inmate's court documentation
6 and the commitment papers or court orders received by the
7 department regarding the inmate or offender.
8 (b) The inmate's or offender's release is forthcoming
9 and a prospective employer requests, in writing, documentation
10 of the inmate's or offender's work performance.
11 (c) The inmate or offender needs information
12 concerning the amount of victim restitution paid during the
13 inmate's or offender's incarceration.
14 (d) The requested records contain information required
15 to process an application or claim by the inmate or offender
16 with the Internal Revenue Service, the Social Security
17 Administration, the Department of Labor and Employment
18 Security, or any other similar application or claim with a
19 state agency or federal agency.
20 (e) The inmate or offender wishes to obtain the
21 current address of a relative whose address is in the
22 department's records and the relative has not indicated a
23 desire not to be contacted by the inmate or offender.
24 (f) Other similar circumstances that do not present a
25 threat to the security, order, or rehabilitative objectives of
26 the correctional system or to any person's safety.
27 (4) The Department of Corrections shall adopt rules to
28 prevent disclosure of confidential records or information to
29 unauthorized persons.
30 (5) The Department of Corrections and the Parole
31 Commission shall mutually cooperate with respect to
21
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 maintaining the confidentiality of records that are exempt
2 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
3 the State Constitution.
4 (6)(a) As used in this subsection:
5 1. The term "personal information about another
6 person" means the home addresses, telephone numbers, social
7 security numbers, and photographs of health care clinicians of
8 the Department of Corrections who are licensed or certified
9 pursuant to chapter 458, chapter 459, chapter 464, chapter
10 465, chapter 466, or chapter 490 and of educational personnel
11 of the Department of Corrections who are certified pursuant to
12 s. 231.17 and of other state officers and employees whose
13 duties are performed in whole or in part in state correctional
14 institutions; the home addresses, telephone numbers, social
15 security numbers, photographs, and places of employment of the
16 spouses and children of such persons; and the names and
17 locations of schools and day care facilities attended by the
18 children of such persons.
19 2. The terms "another person" and "such person" mean
20 any person described in subparagraph 1.
21 3. The term "harass" means engaging in a course of
22 conduct directed at another person which causes substantial
23 emotional distress to such person and serves no legitimate
24 purpose.
25 (b) An inmate or offender in the correctional system
26 or under correctional supervision, whether on parole,
27 probation, postrelease supervision, or any other form of
28 supervision, is prohibited from disclosing or using personal
29 information about another person with the intent to obtain a
30 benefit from, harass, harm, or defraud such person. Any inmate
31 or offender who violates this section commits a felony of the
22
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (c) An inmate or offender who has been convicted of an
4 offense under paragraph (b) is prohibited from subsequently
5 participating in any correctional work or other correctional
6 program that provides inmates or offenders with access to
7 personal information about persons who are not in the
8 correctional system or under correctional supervision. If,
9 during a term of imprisonment, an inmate or offender is
10 convicted of the offense under paragraph (b), the inmate or
11 offender shall be subject to forfeiture of all or any part of
12 his or her gain-time pursuant to rules adopted by the
13 department. The department may adopt rules to prohibit the
14 subsequent participation of an inmate who has been convicted
15 of an offense under paragraph (b) in any correctional work or
16 other correctional program that provides inmates access to
17 personal information about another person. The department may
18 also adopt rules to implement the forfeiture or deletion of
19 gain-time.
20 Section 14. Subsection (5) of section 99.012, Florida
21 Statutes, is amended to read:
22 99.012 Restrictions on individuals qualifying for
23 public office.--
24 (5)(a) A person who is a subordinate officer, deputy
25 sheriff, or police officer must need not resign effective upon
26 qualifying, pursuant to Chapter 99, F.S., if pursuant to this
27 section unless the person is seeking to qualify for a public
28 office which is currently held by an officer who has authority
29 to appoint, employ, promote, or otherwise supervise that
30 person and who has qualified as a candidate for reelection to
31 that office.
23
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (b) However, Upon qualifying pursuant to Chapter 99,
2 F.S., a the subordinate officer, deputy sheriff, or police
3 officer who is seeking public office and who is not required
4 to resign under paragraph (a) must take a leave of absence
5 without pay during the period in which he or she is a
6 candidate for office.
7 Section 15. Subsection (1) of section 951.062, Florida
8 Statutes, is amended to read:
9 951.062 Contractual arrangements for operation and
10 maintenance of county detention facilities.--
11 (1) After consultation with the sheriff and upon
12 adoption of an ordinance by vote of a majority plus one, the
13 governing body of the county may enter into a contract with a
14 private entity for the provision of the operation and
15 maintenance of a county detention facility as defined in s.
16 951.23(1)(a) and the supervision of county prisoners. The
17 contract may designate a representative from a private entity
18 as the chief correctional officer pursuant to s. 951.061.
19 Section 16. The Correctional Privatization Commission,
20 using the $100,000 from the General Revenue Fund provided in
21 Specific Appropriation 589 of the Conference Report on House
22 Bill 4201 to the Correctional Privatization Commission for the
23 purpose of developing two invitations to bid, shall develop
24 the two invitations to bid as defined in chapter 287, Florida
25 Statutes, pursuant to the following provisions:
26 (1) The first invitation to bid shall be for the
27 designing, acquiring, constructing, and operating of one
28 1,497-bed adult prison designed to house offenders at all
29 security levels. In no case may a contract be awarded pursuant
30 to the first invitation to bid for a project in which the
31 fixed capital outlay costs will exceed $27,600,000.
24
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Notwithstanding any provision of chapter 216, Florida
2 Statutes, to the contrary and with express reference to
3 section 216.351, Florida Statutes, the Executive Office of the
4 Governor shall transfer $1,166,219 from the General Revenue
5 Fund and $4,833,781 from the Grants and Donations Trust Fund
6 from Specific Appropriation 598 to Specific Appropriation 589
7 for the first-year fixed capital outlay costs of the project.
8 (2) The second invitation to bid must be designed for
9 the designing, acquiring, constructing, and operating of a
10 350-bed youthful offender facility. In no case may a contract
11 be awarded pursuant to the second invitation to bid for a
12 project in which the fixed capital outlay costs would exceed
13 $8,950,000. Funding for the fixed capital outlay costs of any
14 contract awarded pursuant to the second invitation to bid
15 shall be subject to legislative appropriation during the 1999
16 Regular Session.
17
18 The Correctional Privatization Commission may award contracts
19 pursuant to the two invitations to bid to the lowest
20 cost-responsive bidders. The authority to issue two
21 invitations to bid and contracts contained in this section
22 shall be in lieu of the authority to issue two invitations to
23 bid and contracts provided in the proviso language following
24 Specific Appropriation 589 of the Conference Report on House
25 Bill 4201. Further, to the extent that the proviso language
26 following Specific Appropriation 589 of the Conference Report
27 on House Bill 4201 is duplicative of the provisions of this
28 section or in conflict thereof, those specific provisions of
29 the proviso language are hereby repealed.
30 Section 17. Effective October 1, 1998, section
31 944.485, Florida Statutes, is amended to read:
25
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 944.485 Subsistence fees with respect to certain
2 prisoners; time of adoption; requirements. Financial
3 responsibility for costs of incarceration, including medical
4 or dental expenses.--The Legislature recognizes In recognition
5 of the fact that many prisoners in the correctional system
6 have sources of income and assets outside of the correctional
7 system, which may include bank accounts, inheritances, real
8 estate, social security payments, veteran's payments, health
9 insurance policies, and other types of financial resources. ,
10 The Legislature further recognizes and in recognition of the
11 fact that the daily subsistence cost of incarcerating
12 prisoners in the correctional system is a great burden on the
13 taxpayers of the state. , each prisoner in the state
14 correctional system, except those who have entered into an
15 agreement under s. 947.135 prior to October 1, 1978:
16 (a) Shall disclose all revenue or assets as a
17 condition of parole or other release eligibility.
18 (b) Shall pay from such income and assets, except
19 where such income is exempt by state or federal law, all or a
20 fair portion of the prisoner's daily subsistence costs, based
21 upon the inmate's ability to pay, the liability or potential
22 liability of the inmate to the victim or the guardian or the
23 estate of the victim, and the needs of his or her dependents.
24 (2)
25 (a) Any prisoner who is directed to pay all or a fair
26 portion of daily subsistence costs is entitled to reasonable
27 advance notice of the assessment and shall be afforded an
28 opportunity to present reasons for opposition to the
29 assessment.
30 (b) An order directing payment of all or a fair
31 portion of a prisoner's daily subsistence costs may survive
26
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 against the estate of the prisoner.
2 (1) A state correctional facility, or the Department
3 of Corrections acting in its behalf, which incurs costs of
4 incarceration for a prisoner which have not been reimbursed as
5 otherwise provided for by law, including costs of providing
6 medical or dental care, treatment, hospitalization, or
7 transportation, may seek reimbursement for the costs of
8 incarceration, including such expenses incurred, in the
9 following order:
10 (a) From an insurance company, health care
11 corporation, or other source if the prisoner is covered by an
12 insurance policy or subscribes to a health care corporation.
13 (b) From the prisoner's cash account on deposit with
14 the state correctional facility. If the prisoner's cash
15 account does not contain sufficient funds to cover the costs
16 of incarceration, including cost of providing medical or
17 dental care, treatment, hospitalization, or transportation,
18 the state correctional facility or the department may place a
19 lien against the amounts in the prisoner's cash account in
20 excess of $50, or other personal property, to provide payment
21 in the event sufficient funds become available at a later
22 time. Any time the prisoner's cash account exceeds $50 with
23 subsequent deposits, the amount in excess may be withheld
24 until the total amount is paid. Any existing lien may be
25 carried over to future incarceration of the same prisoner,
26 except as otherwise provided by law.
27 (c) From other sources available, except where income
28 from such sources is exempt under federal or state laws.
29 (2) A prisoner shall cooperate with the state
30 correctional facility and the department in seeking
31 reimbursement under paragraphs(1)(a),(b) and (c) for expenses
27
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 incurred by the state correctional facility for the prisoner.
2 A prisoner who willfully refuses to cooperate with the
3 reimbursement efforts of the state correctional facility may
4 have a lien placed against the prisoner's cash account or
5 other personal property and may not receive incentive
6 gain-time as authorized pursuant to s. 944.275 (4).
7 (3) Any claim by a state correctional facility or the
8 Department of Corrections made under this section shall be
9 subordinate to any judgment for restitution or any judgment
10 for child support against the prisoner.
11 (4) For the purposes of this section, the Department of
12 Corrections shall be responsible for seeking reimbursement
13 under provisions of this section for prisoners housed in
14 private correctional facilities under contract with the
15 Correctional Privatization Commission pursuant to Chapter 957.
16 Section 18. (1) For fiscal year 1998-99 and within
17 existing resources, there is hereby created a task force
18 within the Department of Corrections to investigate and
19 analyze various strategies for the state to seek reimbursement
20 for inmate health care costs incurred during incarceration.
21 The purpose of the task force is to meet and consult with the
22 Department of Insurance, the Correctional Medical Authority
23 and the Agency for Health Care Administration to identify the
24 extent to which inmates incarcerated in the state prison
25 system have available assets or who have health care coverage
26 from commercial insurance policies. The task force shall
27 submit its collaborative findings and recommendations to the
28 President of the Senate and the Speaker of the House of
29 Representatives by January 1, 1999.
30 (2) This section shall take effect October 1, 1998.
31 Section 19. Subsection (2) of section 947.1405,
28
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Florida Statutes, is amended to read:
2 947.1405 Conditional release program.--
3 (1) This section and s. 947.141 may be cited as the
4 "Conditional Release Program Act."
5 (2) Any inmate who:
6 (a) Is convicted of a crime committed on or after
7 October 1, 1988, and before January 1, 1994, and any inmate
8 who is convicted of a crime committed on or after January 1,
9 1994, which crime is or was contained in category 1, category
10 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
11 Florida Rules of Criminal Procedure (1993), and who has served
12 at least one prior felony commitment at a state or federal
13 correctional institution;
14 (b) Is sentenced as a habitual or violent habitual
15 offender or a violent career criminal pursuant to s. 775.084;
16 or
17 (c) Is found to be a sexual predator under s. 775.21
18 or former s. 775.23,
19
20 shall, upon reaching the tentative release date or provisional
21 release date, whichever is earlier, as established by the
22 Department of Corrections, be released under supervision
23 subject to specified terms and conditions, including payment
24 of the cost of supervision pursuant to s. 948.09. Such
25 supervision shall be applicable to all sentences within the
26 overall term of sentences if an inmate's overall term of
27 sentences includes one or more sentences that are eligible for
28 conditional release supervision as provided herein. Effective
29 July 1, 1994, and applicable for offenses committed on or
30 after that date, the commission may require, as a condition of
31 conditional release, that the releasee make payment of the
29
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 debt due and owing to a county or municipal detention facility
2 under s. 951.032 for medical care, treatment, hospitalization,
3 or transportation received by the releasee while in that
4 detention facility. The commission, in determining whether to
5 order such repayment and the amount of such repayment, shall
6 consider the amount of the debt, whether there was any fault
7 of the institution for the medical expenses incurred, the
8 financial resources of the releasee, the present and potential
9 future financial needs and earning ability of the releasee,
10 and dependents, and other appropriate factors. If an inmate
11 has received a term of probation or community control
12 supervision to be served after release from incarceration, the
13 period of probation or community control must be substituted
14 for the conditional release supervision. A panel of no fewer
15 than two commissioners shall establish the terms and
16 conditions of any such release. If the offense was a
17 controlled substance violation, the conditions shall include a
18 requirement that the offender submit to random substance abuse
19 testing intermittently throughout the term of conditional
20 release supervision, upon the direction of the correctional
21 probation officer as defined in s. 943.10(3). Regardless of
22 the offense, the offender must consent to a search of his or
23 her person, property, or residence as requested by the
24 correctional probation officer. The commission shall also
25 determine whether the terms and conditions of such release
26 have been violated and whether such violation warrants
27 revocation of the conditional release.
28 Section 20. For the purpose of incorporating the
29 amendment to s. 947.1405, Florida Statutes, in a reference
30 thereto, paragraph (i) of subsection (4) of section 775.084,
31 Florida Statutes, is reenacted to read:
30
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 775.084 Violent career criminals; habitual felony
2 offenders and habitual violent felony offenders; definitions;
3 procedure; enhanced penalties.--
4 (4)
5 (i) The provisions of s. 947.1405 shall apply to
6 persons sentenced as habitual felony offenders and persons
7 sentenced as habitual violent felony offenders.
8 Section 21. Section 947.18, Florida Statutes, is
9 amended to read:
10 947.18 Conditions of parole.--No person shall be
11 placed on parole merely as a reward for good conduct or
12 efficient performance of duties assigned in prison. No person
13 shall be placed on parole until and unless the commission
14 finds that there is reasonable probability that, if the person
15 is placed on parole, he or she will live and conduct himself
16 or herself as a respectable and law-abiding person and that
17 the person's release will be compatible with his or her own
18 welfare and the welfare of society. No person shall be placed
19 on parole unless and until the commission is satisfied that he
20 or she will be suitably employed in self-sustaining employment
21 or that he or she will not become a public charge. The
22 commission shall determine the terms upon which such person
23 shall be granted parole. If the person's conviction was for a
24 controlled substance violation, one of the conditions must be
25 that the person submit to random substance abuse testing
26 intermittently throughout the term of supervision, upon the
27 direction of the correctional probation officer as defined in
28 s. 943.10(3). Regardless of the offense, the offender must
29 consent to a search of his or her person, property, or
30 residence as requested by the correctional probation officer.
31 In addition to any other lawful condition of parole, the
31
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 commission may make the payment of the debt due and owing to
2 the state under s. 960.17 or the payment of the attorney's
3 fees and costs due and owing to a county under s. 938.29 a
4 condition of parole subject to modification based on change of
5 circumstances.
6 Section 22. Subsections (1) and (2) of section 947.22,
7 Florida Statutes, are amended to read:
8 947.22 Authority to arrest and search parole violators
9 with or without warrant.--
10 (1) If a member of the commission or a duly authorized
11 representative of the commission has reasonable grounds to
12 believe that a parolee has violated the terms and conditions
13 of her or his parole in a material respect, such member or
14 representative may issue a warrant for the arrest of such
15 parolee. The warrant shall be returnable before a member of
16 the commission or a duly authorized representative of the
17 commission. The commission, a commissioner, or a parole
18 examiner with approval of the parole examiner supervisor, may
19 release the parolee on bail or her or his own recognizance,
20 conditioned upon her or his appearance at any hearings noticed
21 by the commission. If not released on bail or her or his own
22 recognizance, the parolee shall be committed to jail pending
23 hearings pursuant to s. 947.23. The commission, at its
24 election, may have the hearing conducted by one or more
25 commissioners or by a duly authorized representative of the
26 commission. Any correctional probation officer parole and
27 probation officer, any officer authorized to serve criminal
28 process, or any peace officer of this state is authorized to
29 execute the warrant.
30 (2) Any correctional probation officer parole and
31 probation officer, when she or he has reasonable ground to
32
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 believe that a parolee, control releasee, or conditional
2 releasee has violated the terms and conditions of her or his
3 parole, control release, or conditional release in a material
4 respect, has the right to arrest the releasee or parolee
5 without warrant and bring her or him forthwith before one or
6 more commissioners or a duly authorized representative of the
7 Parole Commission or Control Release Authority; and
8 proceedings shall thereupon be had as provided herein when a
9 warrant has been issued by a member of the commission or
10 authority or a duly authorized representative of the
11 commission or authority. When any correctional probation
12 officer has reasonable grounds to believe that a parolee,
13 control releasee, or conditional releasee has violated the
14 terms and conditions of her or his parole, control release, or
15 conditional release in a material respect or is in possession
16 of contraband or other items that the person is prohibited
17 from possessing, the correctional probation officer may search
18 the person, property, or residence of the parolee or releasee
19 or request a law enforcement officer to do the same. However,
20 if a correctional probation officer conducts a search without
21 reasonable grounds, the evidence seized may only be admitted
22 at a hearing for a violation of supervision.
23 Section 23. Subsection (1) of section 948.03, Florida
24 Statutes, is amended to read:
25 948.03 Terms and conditions of probation or community
26 control.--
27 (1) The court shall determine the terms and conditions
28 of probation or community control. Conditions specified in
29 paragraphs (a) through and including (o) (m) do not require
30 oral pronouncement at the time of sentencing and may be
31 considered standard conditions of probation. Conditions
33
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 specified in paragraphs (a) through and including (o) (m) and
2 (2)(a) do not require oral pronouncement at sentencing and may
3 be considered standard conditions of community control. These
4 conditions may include among them the following, that the
5 probationer or offender in community control shall:
6 (a) Report to the probation and parole supervisors as
7 directed.
8 (b) Permit such supervisors to visit him or her at his
9 or her home or elsewhere.
10 (c) Work faithfully at suitable employment insofar as
11 may be possible.
12 (d) Remain within a specified place.
13 (e) Make reparation or restitution to the aggrieved
14 party for the damage or loss caused by his or her offense in
15 an amount to be determined by the court. The court shall make
16 such reparation or restitution a condition of probation,
17 unless it determines that clear and compelling reasons exist
18 to the contrary. If the court does not order restitution, or
19 orders restitution of only a portion of the damages, as
20 provided in s. 775.089, it shall state on the record in detail
21 the reasons therefor.
22 (f) Effective July 1, 1994, and applicable for
23 offenses committed on or after that date, make payment of the
24 debt due and owing to a county or municipal detention facility
25 under s. 951.032 for medical care, treatment, hospitalization,
26 or transportation received by the felony probationer while in
27 that detention facility. The court, in determining whether to
28 order such repayment and the amount of such repayment, shall
29 consider the amount of the debt, whether there was any fault
30 of the institution for the medical expenses incurred, the
31 financial resources of the felony probationer, the present and
34
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 potential future financial needs and earning ability of the
2 probationer, and dependents, and other appropriate factors.
3 (g) Support his or her legal dependents to the best of
4 his or her ability.
5 (h) Make payment of the debt due and owing to the
6 state under s. 960.17, subject to modification based on change
7 of circumstances.
8 (i) Pay any application fee assessed under s.
9 27.52(1)(c) and attorney's fees and costs assessed under s.
10 938.29, subject to modification based on change of
11 circumstances.
12 (j) Not associate with persons engaged in criminal
13 activities.
14 (k)1. Submit to random testing as directed by the
15 correctional probation officer or the professional staff of
16 the treatment center where he or she is receiving treatment to
17 determine the presence or use of alcohol or controlled
18 substances.
19 2. If the offense was a controlled substance violation
20 and the period of probation immediately follows a period of
21 incarceration in the state correction system, the conditions
22 shall include a requirement that the offender submit to random
23 substance abuse testing intermittently throughout the term of
24 supervision, upon the direction of the correctional probation
25 officer as defined in s. 943.10(3).
26 (l) Be prohibited from possessing, carrying, or owning
27 any firearm unless authorized by the court and consented to by
28 the probation officer.
29 (m) Be prohibited from using intoxicants to excess or
30 possessing any drugs or narcotics unless prescribed by a
31 physician. The probationer or community controllee shall not
35
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 knowingly visit places where intoxicants, drugs, or other
2 dangerous substances are unlawfully sold, dispensed, or used.
3 (n) For offenses involving victims, not have contact
4 with the victim unless otherwise authorized by the court. If
5 the court authorizes the defendant to have contact with the
6 victim, over the objection of the victim or state attorney,
7 the court shall state on the record in detail the reasons
8 therefor. For purposes of this paragraph, "contact" means
9 willful and knowing intent to be physically in the presence of
10 the victim in any manner, or oral or written communication to
11 the victim by any means. Contact is established by the conduct
12 of the defendant, or by anyone acting at the direction of the
13 defendant. It shall be the duty of the defendant to leave
14 immediately the presence of the victim under any circumstance
15 when incidental or unintended contact takes place.
16 (o) Consent to search of his or her person, property,
17 or residence as requested by the supervising probation or
18 community control officer. The offender must be given actual
19 notice that he or she must consent to a search and that
20 evidence seized may be used against the offender in a trial of
21 a new substantive offense. Such notice must be given orally
22 and in writing by a correctional probation officer and signed
23 by the offender in order for the offender to be subject to
24 this paragraph.
25 (p)(n) Attend an HIV/AIDS awareness program consisting
26 of a class of not less than 2 hours or more than 4 hours in
27 length, the cost for which shall be paid by the offender, if
28 such a program is available in the county of the offender's
29 residence.
30 (q)(o) Pay not more than $1 per month during the term
31 of probation or community control to a nonprofit organization
36
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 established for the sole purpose of supplementing the
2 rehabilitative efforts of the Department of Corrections.
3 Section 24. For the purpose of incorporating the
4 amendment to section 948.03, Florida Statutes, in references
5 thereto, the following sections or subdivisions of Florida
6 Statutes are reenacted to read:
7 947.23 Action of commission upon arrest of parolee.--
8 (6) Within a reasonable time after the hearing, the
9 commissioner, commissioners, or duly authorized representative
10 of the commission who conducted the hearing shall make
11 findings of fact in regard to the alleged parole violation.
12 (a) If the hearing was conducted by three or more
13 commissioners, a majority of them shall enter an order
14 determining whether the charges of parole violation have been
15 sustained, based on the findings of fact made by them. By
16 such order they shall revoke the parole and return the parolee
17 to prison to serve the sentence theretofore imposed upon her
18 or him, reinstate the original order of parole, order the
19 placement of the parolee into a community control program as
20 set forth in s. 948.03, or enter such other order as is
21 proper.
22 (b) If the hearing was conducted by one or two
23 commissioners or a duly authorized representative of the
24 commission, at least two commissioners shall enter an order
25 determining whether or not the charges of parole violation
26 have been sustained, based on the findings of fact made by the
27 commissioner, commissioners, or duly authorized representative
28 of the commission. The commissioners, by such order, shall
29 revoke the parole and return the parolee to prison to serve
30 the sentence theretofore imposed upon her or him, reinstate
31 the original order of parole, order the placement of the
37
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 parolee into a community control program as set forth in s.
2 948.03, or enter such other order as is proper.
3 (c) If the disposition after the revocation hearing is
4 to place the parolee into a community control program, the
5 commission shall be guided by the procedures and requirements
6 provided in chapter 948 which apply to the courts regarding
7 the development and implementation of community control.
8
9 However, any decision to revoke parole shall be based on a
10 violation of a term or condition specifically enumerated in
11 the parole release order. In a case in which parole is
12 revoked, the majority of the commission or the two
13 commissioners shall make a written statement of the evidence
14 relied on and the reasons for revoking parole.
15 948.001 Definitions.--As used in this chapter, the
16 term:
17 (5) "Probation" means a form of community supervision
18 requiring specified contacts with parole and probation
19 officers and other terms and conditions as provided in s.
20 948.03.
21 958.03 Definitions.--As used in this act:
22 (4) "Probation" means a form of community supervision
23 requiring specified contacts with parole and probation
24 officers and other terms and conditions as provided in s.
25 948.03.
26 Section 25. Subsection (1) of section 948.06, Florida
27 Statutes, is amended, and subsections (8), (9), (10), (11) and
28 (12) are added to said section, to read:
29 948.06 Violation of probation or community control;
30 revocation; modification; continuance; failure to pay
31 restitution or cost of supervision.--
38
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (1) Whenever within the period of probation or
2 community control there are reasonable grounds to believe that
3 a violation of probation or community control occurred, or
4 there are reasonable grounds to believe that the person under
5 supervision is in possession of contraband or other items that
6 the person is prohibited from possessing, the person on
7 probation or community control may be arrested without a
8 warrant or have his or her person, property, or residence
9 searched without a warrant by any of the following people:
10 (a) A probation officer who is aware that the person
11 is on probation;
12 (b) A community control officer who is aware that the
13 person is on community control; or
14 (c) A law enforcement officer who is requested by a
15 probation or community control officer who has knowledge that
16 the person is on probation or community control.
17
18 However, if a supervising officer conducts a search without
19 reasonable grounds, the evidence seized may only be admitted
20 at a hearing for violation of supervision. Whenever within the
21 period of probation or community control there are reasonable
22 grounds to believe that a probationer or offender in community
23 control has violated his or her probation or community control
24 in a material respect, any law enforcement officer who is
25 aware of the probationary or community control status of the
26 probationer or offender in community control or any parole or
27 probation supervisor may arrest or request any county or
28 municipal law enforcement officer to arrest such probationer
29 or offender without warrant wherever found and forthwith
30 return him or her to the court granting such probation or
31 community control. Any committing magistrate may issue a
39
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 warrant, upon the facts being made known to him or her by
2 affidavit of one having knowledge of such facts, for the
3 arrest of the probationer or offender, returnable forthwith
4 before the court granting such probation or community control.
5 Any parole or probation supervisor, any officer authorized to
6 serve criminal process, or any peace officer of this state is
7 authorized to serve and execute such warrant. The court, upon
8 the probationer or offender being brought before it, shall
9 advise him or her of such charge of violation and, if such
10 charge is admitted to be true, may forthwith revoke, modify,
11 or continue the probation or community control or place the
12 probationer into a community control program. If probation or
13 community control is revoked, the court shall adjudge the
14 probationer or offender guilty of the offense charged and
15 proven or admitted, unless he or she has previously been
16 adjudged guilty, and impose any sentence which it might have
17 originally imposed before placing the probationer on probation
18 or the offender into community control. If such violation of
19 probation or community control is not admitted by the
20 probationer or offender, the court may commit him or her or
21 release him or her with or without bail to await further
22 hearing, or it may dismiss the charge of probation or
23 community control violation. If such charge is not at that
24 time admitted by the probationer or offender and if it is not
25 dismissed, the court, as soon as may be practicable, shall
26 give the probationer or offender an opportunity to be fully
27 heard on his or her behalf in person or by counsel. After such
28 hearing, the court may revoke, modify, or continue the
29 probation or community control or place the probationer into
30 community control. If such probation or community control is
31 revoked, the court shall adjudge the probationer or offender
40
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 guilty of the offense charged and proven or admitted, unless
2 he or she has previously been adjudged guilty, and impose any
3 sentence which it might have originally imposed before placing
4 the probationer or offender on probation or into community
5 control.
6 (6) Any parolee in a community control program who has
7 allegedly violated the terms and conditions of such placement
8 is subject to the provisions of ss. 947.22 and 947.23.
9 (8) When evidence seized during a search of the
10 person, property, or residence of an offender on probation or
11 community control conducted by or authorized by a correctional
12 probation officer is to be used in the prosecution of a new
13 law violation, the following criteria must be met:
14 (a) There are reasonable grounds to believe the
15 offender violated a condition of community control or
16 probation, or committed a new violation of law, and at least
17 one of the following applies:
18 1. The approval of the supervisor of the probation or
19 community control officer is obtained;
20 2. There are exigent circumstances, such as, but not
21 limited to, suspicion the offender will destroy contraband or
22 use a weapon, which require that the search be conducted
23 without approval; or
24 3. The search was conducted with the assistance of a
25 certified law enforcement officer.
26 4. This subsection is not intended to expand the
27 definition of the term "constructive possession" as provided
28 by law.
29 (b) A written report of a search of a residence
30 conducted by a correctional probation officer pursuant to
31 subsection (8) shall be prepared by the correctional probation
41
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 officer who conducted the search. The report shall provide:
2 1. The identity of the offender living at the
3 residence searched;
4 2. The identity of the probation or community control
5 officer who conducted or requested the search;
6 3. The date, time, and place of the search;
7 4. The reason for the search;
8 5. Any items seized pursuant to the search; and
9 6. Whether any damage was done to the residence or
10 property during the search.
11 (c) For the purposes of a search of the person's
12 property, or residence of a person on probation or community
13 control, the term "reasonable grounds" means that the
14 reasonable suspicion standard applies. In determining whether
15 reasonable grounds exist, the correctional probation officer
16 shall consider any of the following factors, including but not
17 limited to:
18 1. The observations of alleged suspicious behavior by
19 correctional probation officers or law enforcement officers.
20 2. Information provided by informants.
21 3. The reliability of the information provided by an
22 informant. In evaluating the reliability of the information,
23 the correctional probation officers shall give attention to
24 the detail, consistency and corroboration of the information
25 provided by the informant.
26 4. The reliability of the informant. In evaluating
27 the informant's reliability, attention shall be given to
28 whether the informant has supplied reliable information in the
29 past and whether the informant has reason to supply inaccurate
30 information.
31 5. The activity of the offender that relates to
42
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 whether the offender might possess contraband or might have
2 used or be under the influence of an intoxicating substance.
3 6. Information provided by the offender that is
4 relevant to whether the offender has used, possesses or is
5 under the influence of an intoxicating substance or possesses
6 any other contraband.
7 7. The experience of a correctional probation officer
8 with that offender.
9 8. Prior seizures of contraband from the offender.
10 9. The need to verify compliance with rules of
11 supervision and state and federal law.
12 (9) Evidence may not be excluded or suppressed from
13 the trial of a new substantive offense if:
14 (a) The defendant was on probation or community
15 control at the time of the offense; and
16 (b) The search was conducted when there were
17 reasonable grounds to believe that the offender was in
18 violation of the law or in violation of the terms of probation
19 or community control.
20 (10) Evidence may not be excluded or suppressed from a
21 hearing for a violation of probation or community control.
22 Section 26. For the purpose of incorporating the
23 amendments to section 948.06, Florida Statutes, in references
24 thereto, the following sections or subdivisions of Florida
25 Statutes are reenacted to read:
26 948.01 When court may place defendant on probation or
27 into community control.--
28 (9) Procedures governing violations of community
29 control shall be the same as those described in s. 948.06 with
30 respect to probation.
31 (11) The court may also impose a split sentence
43
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 whereby the defendant is sentenced to a term of probation
2 which may be followed by a period of incarceration or, with
3 respect to a felony, into community control, as follows:
4 (b) If the offender does not meet the terms and
5 conditions of probation or community control, the court may
6 revoke, modify, or continue the probation or community control
7 as provided in s. 948.06. If the probation or community
8 control is revoked, the court may impose any sentence that it
9 could have imposed at the time the offender was placed on
10 probation or community control. The court may not provide
11 credit for time served for any portion of a probation or
12 community control term toward a subsequent term of probation
13 or community control. However, the court may not impose a
14 subsequent term of probation or community control which, when
15 combined with any amount of time served on preceding terms of
16 probation or community control for offenses pending before the
17 court for sentencing, would exceed the maximum penalty
18 allowable as provided in s. 775.082. Such term of
19 incarceration shall be served under applicable law or county
20 ordinance governing service of sentences in state or county
21 jurisdiction. This paragraph does not prohibit any other
22 sanction provided by law.
23 (13) If it appears to the court upon a hearing that
24 the defendant is a chronic substance abuser whose criminal
25 conduct is a violation of chapter 893, the court may either
26 adjudge the defendant guilty or stay and withhold the
27 adjudication of guilt; and, in either case, it may stay and
28 withhold the imposition of sentence and place the defendant on
29 drug offender probation.
30 (b) Offenders placed on drug offender probation are
31 subject to revocation of probation as provided in s. 948.06.
44
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 958.14 Violation of probation or community control
2 program.--A violation or alleged violation of probation or the
3 terms of a community control program shall subject the
4 youthful offender to the provisions of s. 948.06(1). However,
5 no youthful offender shall be committed to the custody of the
6 department for a substantive violation for a period longer
7 than the maximum sentence for the offense for which he or she
8 was found guilty, with credit for time served while
9 incarcerated, or for a technical or nonsubstantive violation
10 for a period longer than 6 years or for a period longer than
11 the maximum sentence for the offense for which he or she was
12 found guilty, whichever is less, with credit for time served
13 while incarcerated.
14 Section 27. If any provision of this act or the
15 application thereof to any person or circumstance is held
16 invalid, the invalidity shall not affect other provisions or
17 applications of the act which can be given effect without the
18 invalid provision or application, and to this end the
19 provisions of this act are declared severable.
20 Section 28. Except as otherwise provided herein, this
21 act shall take effect upon becoming a law.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 remove from the title of the amendment: the entire title
27
28 and insert:
29 A bill to be entitled
30 An act relating to criminal justice; amending
31 s. 951.23, F.S.; providing a criminal penalty
45
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 for refusing to obey jail rules and
2 regulations; requiring that a printed copy of
3 rules be provided to prisoners; providing a
4 definition; terminating specified trust funds
5 and fund accounts within the state courts
6 system and the Department of Corrections;
7 providing for the transfer of current balances
8 to general revenue, the paying of outstanding
9 debts and obligations, and the removal of the
10 terminated funds and accounts from the various
11 state accounting systems; modifying provisions
12 relating to specified trust funds and fund
13 accounts within the state courts system and the
14 Department of Corrections; amending s. 216.272,
15 F.S., relating to Working Capital Trust Funds
16 used to fund data processing centers; removing
17 reference to the judicial branch; amending s.
18 945.215, F.S.; providing sources of funds and
19 purposes of the Inmate Welfare Trust Fund, the
20 Privately Owned Institutions Inmate Welfare
21 Trust Fund, and the Employee Benefit Trust Fund
22 within the department; providing for annual
23 appropriation of funds deposited in the Inmate
24 Welfare Trust Fund; requiring certain annual
25 reports; amending s. 944.803, F.S., relating to
26 faith-based programs for inmates; revising a
27 reference, to conform; amending s. 945.31,
28 F.S.; providing for deposit of the department's
29 administrative processing fee in the
30 department's Operating Trust Fund; amending s.
31 945.76, F.S.; revising provisions relating to
46
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 fees for certification and monitoring of
2 batterers' intervention programs; providing for
3 deposit of such fees in the department's
4 Operating Trust Fund; amending s. 944.10, F.S.;
5 providing for deposit of contractual service
6 and inmate labor fees in the Correctional Work
7 Program Trust Fund; amending s. 948.09, F.S.;
8 providing for deposit of the electronic
9 monitoring surcharge in the department's
10 Operating Trust Fund; amending s. 951.23, F.S.;
11 providing for deposit of fees collected
12 pursuant to local detention facility inspection
13 agreements in the department's Operating Trust
14 Fund; creating s. 386.213, F.S.; providing
15 legislative intent; requiring the Department of
16 Corrections and private vendors operating state
17 correctional facilities to make
18 smoking-cessation assistance available to
19 inmates; requiring full implementation of the
20 act by a specified date; providing definitions;
21 prohibiting an inmate within a state
22 correctional facility from using tobacco
23 products in prohibited areas; prohibiting
24 employees or visitors from using tobacco
25 products in prohibited areas; providing
26 penalties; authorizing the department to adopt
27 rules; amending s. 386.203(1), F.S.; adding
28 state correctional facilities to the definition
29 of public place; amending s. 945.10, F.S.,
30 relating to confidential information and other
31 information available to inmates and offenders
47
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 in the correctional system or under
2 supervision; defining terms; prohibiting
3 certain disclosure or use of certain "personal
4 information about another person," as defined,
5 by an inmate or offender with intent to obtain
6 a benefit from, harass, harm, or defraud such
7 person; providing penalties; providing that an
8 inmate or offender convicted of such offense is
9 prohibited from subsequent participation in
10 correctional work programs or other programs;
11 providing that an inmate or offender convicted
12 of such offense is subject to forfeiture of
13 gain-time; providing for adoption of rules by
14 the department; amending s. 99.012, F.S.;
15 requiring a subordinate officer, deputy
16 sheriff, or police officer seeking to qualify
17 for a public office to resign or take a leave
18 of absence, depending on certain circumstances
19 relating to the office sought; amending s.
20 951.062, F.S.; deleting the requirement for a
21 majority plus one vote for a county to enter
22 into a certain contracts with private
23 entities; providing an appropriation; directing
24 the Correctional Privatization Commission to
25 issue certain invitations to bid for designing,
26 acquiring, constructing, and operating an adult
27 prison or youthful offender facility of
28 specified capacity; providing duties of the
29 Correctional Privatization Commission,
30 guidelines, and cost limitations with respect
31 to the invitations to bid for the projects;
48
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 providing for funding; requiring transfer of
2 certain appropriation moneys by the Executive
3 Office of the Governor for first year fixed
4 capital outlay costs of the project to which
5 the first invitation to bid is applicable;
6 providing that funding for such costs of a
7 contract awarded pursuant to the second
8 invitation to bid is subject to legislative
9 appropriation during the 1999 Regular Session;
10 providing guidelines for award of the contracts
11 by the Correctional Privatization Commission;
12 providing that the authority to issue the
13 invitations to bid shall be in lieu of the
14 authority and contracts provided in specified
15 proviso language following Specific
16 Appropriation 589 of the Conference Report on
17 House Bill 4201; providing for repeal of the
18 proviso language to the extent of conflict with
19 specified provisions of act; amending s.
20 945.485, F.S., relating to subsistence fees
21 with respect to prisoners; requiring a state
22 correctional facility, or the Department of
23 Corrections acting in its behalf, to seek
24 reimbursement for costs of incarceration for a
25 prisoner, including certain medical and dental
26 expenses, which have not been reimbursed as
27 otherwise provided by law; specifying order of
28 sources of reimbursement; providing for
29 deduction of the costs from the prisoner's cash
30 account, placement of a lien against the
31 account or the prisoner's other personal
49
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 property, or reimbursement from the proceeds of
2 the prisoner's insurance policy, health care
3 corporation proceeds, or other source;
4 providing that the lien may be carried over to
5 future incarceration under certain
6 circumstances; requiring the prisoner to
7 cooperate with such reimbursement efforts;
8 providing for sanctions in case of willful
9 refusal to cooperate, including placement of a
10 lien against the prisoner's cash account or
11 other personal property and ineligibility to
12 receive incentive gain-time; clarifying that
13 the department is responsible for reimbursement
14 efforts at the private correctional facilities;
15 creating a task force within the Department of
16 Corrections to investigate and analyze
17 strategies to seek reimbursement for inmate
18 health care costs incurred during
19 incarceration; amending s. 947.1405, F.S.,
20 relating to conditional release; providing that
21 a conditional releasee must submit to searches
22 of his or her person, property, or residence as
23 requested by a correctional probation officer;
24 reenacting s. 775.084(4)(i), F.S., relating to
25 habitual felony offenders and habitual violent
26 felony offenders, to incorporate said amendment
27 in a reference; amending s. 947.18, F.S.,
28 relating to conditions of parole; providing
29 that a parolee must submit to searches of his
30 or her person, property, or residence as
31 requested by a correctional probation officer;
50
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 amending s. 947.22, F.S.; providing for
2 issuance of arrest warrant for a parole
3 violator by a correctional probation officer,
4 under specified circumstances; authorizing a
5 correctional probation officer to arrest
6 without warrant a parolee, control releasee, or
7 conditional releasee, or to search or request
8 search by a law enforcement officer of the
9 parolee or releasee's person, property, or
10 residence, under specified circumstances if
11 there are reasonable grounds to believe a
12 violation has occurred or if there are
13 reasonable grounds to believe the parolee or
14 releasee possesses prohibited items; providing
15 that evidence is admissible at a hearing for
16 violation of supervision even if no reasonable
17 ground for seizure exists; amending s. 948.03,
18 F.S., relating to probation and community
19 control; requiring a probationer or community
20 controllee on supervision to submit to certain
21 searches of his or her person, property, or
22 residence; requiring notice to offender to be
23 provided; prohibiting a probationer or
24 community controllee from having "contact," as
25 defined, with the victim unless authorized by
26 the court; reenacting s. 947.23(6), F.S.,
27 relating to action of Parole Commission upon
28 arrest of parolee, s. 948.001(5), F.S.,
29 relating to definition of "probation" with
30 respect to chapter 948, F.S., and s. 958.03(4),
31 F.S., relating to definition of "probation"
51
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 with respect to specified provisions in chapter
2 958, F.S., to incorporate said amendment in
3 references; amending s. 948.06, F.S., relating
4 to violations of probation or community
5 control; authorizing law enforcement officers
6 and probation or community control officers to
7 search without a warrant the person, property,
8 or residence of any of specified offenders
9 under certain circumstances; limiting authority
10 for searches of residences; requiring report
11 when residence is searched; defining reasonable
12 grounds; prohibiting the exclusion or
13 suppression of evidence from trials for
14 subsequent offenses by offenders on probation
15 or community control under certain
16 circumstances when there were "reasonable
17 grounds," to believe that at the time of the
18 search the offender violated the law or the
19 terms of supervision; providing that evidence
20 is admissible at a hearing for violation of
21 supervision even if no reasonable ground for
22 seizure exists; prohibiting the exclusion or
23 suppression of evidence from hearings for
24 violation of supervision of offenders on
25 probation or community control; reenacting s.
26 948.01(9), (11)(b), and (13)(b), F.S., relating
27 to circumstances when a court may place a
28 defendant on probation or into community
29 control, and s. 958.14, F.S., relating to
30 violation of probation or community control
31 program, to incorporate said amendment in
52
5:31 PM 05/01/98 h3527c1c-34c7r
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 references; providing severability; providing
2 effective dates.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
53
5:31 PM 05/01/98 h3527c1c-34c7r