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.    

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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

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                                                  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

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                                                  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

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                                                  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

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                                                  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;

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                                                  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

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                                                  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

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                                                  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

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                                                  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.

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                                                  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

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                                                  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

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                                                  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.--

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                                                  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

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                                                  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

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                                                  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.

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                                                  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

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                                                  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
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                                                  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.

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                                                  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

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                                                  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

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                                                  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

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                                                  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

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                                                  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.

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                                                  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
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                                                  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:

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                                                  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

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                                                  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

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                                                  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,

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                                                  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

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                                                  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:

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                                                  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

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                                                  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
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                                                  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
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                                                  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
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                                                  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

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                                                  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

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                                                  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

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                                                  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.--

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                                                  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

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                                                  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

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                                                  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

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                                                  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

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                                                  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

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                                                  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.

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                                                  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

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                                                  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

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                                                  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

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                                                  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;

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                                                  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
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                                                  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
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                                                  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
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                                                  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
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                                                  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

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25

26

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28

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30

31

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