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





                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Trovillion, Crist, Logan, Roberts-Burke,

12  Warner, and Byrd offered the following:

13

14         Amendment to Senate Amendment (733788) (with title

15  amendment) 

16  remove:  the entire amendment

17

18  and insert in lieu thereof:

19         Section 1.  Subsection (11) is added to section 951.23,

20  Florida Statutes, to read:

21         951.23  County and municipal detention facilities;

22  definitions; administration; standards and requirements.--

23         (11)(a)  Any prisoner in a county or municipal

24  detention facility who knowingly and willfully refuses on

25  three or more occasions to obey or comply with any rule

26  governing the conduct of prisoners commits a misdemeanor of

27  the second degree, punishable as provided in s. 775.082 or s.

28  775.083. Such punishment must be in addition to any sentence

29  he or she may be serving. A prisoner may be charged with,

30  convicted of, and sentenced for a violation of this subsection

31  in addition to any other criminal offense committed while

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  detained in a county or municipal detention facility.

 2         (b)  Upon a prisoner's classification in a county or

 3  municipal detention facility, he or she must be provided with

 4  a printed copy of the rules governing the conduct of

 5  prisoners. Translation assistance must be provided, as needed.

 6         (c)  As used in this subsection, the term "rules

 7  governing the conduct of prisoners" means any of the rules

 8  relating to order and discipline provided in the Florida Model

 9  Jail Standards, adopted pursuant to subsection (4) and

10  effective on October 1, 1997.

11         Section 2.  (1)  The following trust funds and fund

12  accounts are terminated on July 1, 1998:

13         (a)  Within the state courts system:

14         1.  Appellate Opinion Distribution Trust Fund, SAMAS

15  number 222215.

16         2.  Working Capital Trust Fund, SAMAS number 222792.

17         (b)  Within the Department of Corrections:

18         1.  Hurricane Andrew Recovery and Rebuilding Trust

19  Fund, SAMAS number 702205.

20         2.  Working Capital Trust Fund, SAMAS number 702792.

21         (2)  All current balances remaining in, and all

22  revenues of, the trust funds and fund accounts terminated by

23  this act shall be transferred to the General Revenue Fund.

24         (3)  For each trust fund or fund account terminated by

25  this act, the state courts system or Department of

26  Corrections, as applicable, shall pay any outstanding debts or

27  obligations of the terminated fund or account as soon as

28  practicable, and the Comptroller shall close out and remove

29  the terminated fund or account from the various state

30  accounting systems using generally accepted accounting

31  principles concerning warrants outstanding, assets, and

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  liabilities.

 2         Section 3.  Section 216.272, Florida Statutes, is

 3  amended to read:

 4         216.272  Working Capital Trust Funds.--

 5         (1)  There are hereby created Working Capital Trust

 6  Funds for the purpose of providing sufficient funds for the

 7  operation of data processing centers, which may include the

 8  creation of a reserve account within the Working Capital Trust

 9  Fund to pay for future information technology resource

10  acquisitions as appropriated by the Legislature. Such funds

11  shall be created from moneys budgeted for data processing

12  services and equipment by those agencies, and the judicial

13  branch, to be served by the data processing center.

14         (2)  The funds so allocated shall be in an amount

15  sufficient to finance the center's operation; however, each

16  agency or judicial branch served by the center shall

17  contribute an amount equal to its proportionate share of cost

18  of operating such data processing center. Each agency, or the

19  judicial branch, utilizing the services of the data processing

20  center shall pay such moneys into the appropriate Working

21  Capital Trust Fund on a quarterly basis or such other basis as

22  may be determined by the Executive Office of the Governor or

23  the Chief Justice as appropriate.

24         Section 4.  Section 945.215, Florida Statutes, is

25  amended to read:

26         945.215  Inmate welfare and employee benefit trust

27  funds.--

28         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

29  CORRECTIONS.--

30         (a)  The Inmate Welfare Trust Fund constitutes a trust

31  held by the department for the benefit and welfare of

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  offenders and inmates under the jurisdiction of the Department

 2  of Corrections.  Funds shall be credited to the trust fund as

 3  follows:

 4         1.  All funds moneys held in any auxiliary, canteen,

 5  welfare, or similar fund in any correctional facility operated

 6  directly by the department state institution under the

 7  jurisdiction of the Department of Corrections shall be

 8  deposited in the Inmate Welfare Trust Fund of the department,

 9  which fund is created in the State Treasury, to be

10  appropriated annually by the Legislature and deposited in the

11  Department of Corrections Grants and Donations Trust Fund.

12         2.  All net proceeds from operating inmate canteens,

13  vending machines used primarily by inmates, hobby shops, and

14  other such facilities; however, funds necessary to moneys

15  budgeted by the department for the purchase of items for

16  resale at inmate canteens and or vending machines must be

17  deposited into local bank accounts designated by the

18  department. The department shall submit to the President of

19  the Senate and the Speaker of the House of Representatives by

20  January 1 of each year a report that documents the receipts

21  and expenditures, including a verification of telephone

22  commissions, from the Inmate Welfare Trust Fund for the

23  previous fiscal year. The report must present this information

24  by program, by institution, and by type of receipt.

25         3.  All proceeds from contracted telephone commissions.

26  The department shall develop and update, as necessary,

27  administrative procedures to verify that:

28         a.  Contracted telephone companies accurately record

29  and report all telephone calls made by inmates incarcerated in

30  correctional facilities under the department's jurisdiction;

31         b.  Persons who accept collect calls from inmates are

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  charged the contracted rate; and

 2         c.  The department receives the contracted telephone

 3  commissions.

 4         4.  Any funds that may be assigned by inmates or

 5  donated to the department by the general public or an inmate

 6  service organization; however, the department shall not accept

 7  any donation from, or on behalf of, any individual inmate.

 8         5.  Repayment of the one-time sum of $500,000

 9  appropriated in fiscal year 1996-1997 from the Inmate Welfare

10  Trust Fund for correctional work programs pursuant to s.

11  946.008.

12         6.  All proceeds from:

13         a.  The confiscation and liquidation of any contraband

14  found upon, or in the possession of, any inmate:

15         b.  Disciplinary fines imposed against inmates;

16         c.  Forfeitures of inmate earnings; and

17         d.  Unexpended balances in individual inmate trust fund

18  accounts of less than $1.

19         7.  All interest earnings and other proceeds derived

20  from investments of funds deposited in the trust fund. In the

21  manner authorized by law for fiduciaries, the secretary of the

22  department, or the secretary's designee, may invest any funds

23  in the trust fund when it is determined that such funds are

24  not needed for immediate use.

25         (b)  Funds Beginning with the legislative appropriation

26  for fiscal year 1995-1996 and thereafter, the money in the

27  Inmate Welfare Trust Fund must be used exclusively for the

28  following purposes at correctional facilities operated

29  directly by the department:

30         1.  To operate inmate canteens and vending machines,

31  including purchasing purchase items for resale at the inmate

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  canteens and or vending machines, maintained at the

 2  correctional facilities;

 3         2.  employing To employ personnel and inmates to

 4  manage, supervise, and operate inmate the canteens and vending

 5  machines, at the correctional facilities;

 6         3.  and covering other For operating and fixed capital

 7  outlay expenses associated with operating the operation of

 8  inmate canteens and vending machines;

 9         2.4.  To employ personnel to manage and supervise the

10  proceeds from telephone commissions;

11         3.  To develop, implement, and maintain the medical

12  copayment accounting system;

13         4.5.  To employ personnel for correctional education To

14  provide literacy programs, vocational training programs, and

15  educational academic programs that comply with standards of

16  the Department of Education, including employing personnel and

17  covering other;

18         6.  For operating and fixed capital outlay expenses

19  associated with providing such programs the delivery to

20  inmates of literacy programs, vocational training, and

21  academic programs that comply with standards of the Department

22  of Education;

23         5.7.  To operate inmate chapels, faith-based programs,

24  visiting pavilions, libraries, and law libraries, including

25  employing personnel and covering other For operating and fixed

26  capital outlay expenses associated with operating the

27  operation of inmate chapels, faith-based programs, visiting

28  pavilions, libraries, and law libraries visiting pavilions;

29         8.  To employ personnel to operate the libraries,

30  chapels, and visiting pavilions;

31         6.9.  To provide for expenses associated with various

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  inmate clubs;

 2         7.10.  To provide for expenses associated with legal

 3  services for inmates;

 4         8.11.  To employ personnel To provide inmate substance

 5  abuse treatment programs and transition and life skills

 6  training programs, including employing personnel; and

 7         12.  covering other For operating and fixed capital

 8  outlay expenses associated with providing such programs the

 9  delivery of inmate substance abuse treatment and transition

10  and life skills training programs.

11         (c)  The Legislature shall annually appropriate the

12  funds deposited in the Inmate Welfare Trust Fund. It is the

13  intent of the Legislature that total annual expenditures for

14  providing literacy programs, vocational training programs, and

15  educational programs exceed the combined items listed in

16  subparagraphs 5. and 6. must exceed the total annual

17  expenditures for operating inmate chapels, faith-based

18  programs, visiting pavilions, libraries, and law libraries,

19  covering expenses associated with inmate clubs, and providing

20  inmate substance abuse treatment programs and transition and

21  life skills training programs items listed in subparagraphs 7.

22  through 12.

23         (d)  Funds in the Inmate Welfare Trust Fund or any

24  other fund may not be used to purchase cable television

25  service, to rent or purchase videocassettes, videocassette

26  recorders, or other audiovisual or electronic equipment used

27  primarily for recreation purposes. This paragraph does not

28  preclude the purchase or rental of electronic or audiovisual

29  equipment for inmate training or educational programs. The

30  department shall develop administrative procedures to verify

31  that contracted telephone commissions are being received, that

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  persons who have accepted collect calls from inmates are being

 2  charged the contracted rate, and that contracted telephone

 3  companies are accurately and completely recording and

 4  reporting all inmate telephone calls made.

 5         (c)  There shall be deposited in the Inmate Welfare

 6  Trust Fund all net proceeds from the operation of canteens,

 7  vending machines, hobby shops, and other such facilities and

 8  any moneys that may be assigned by the inmates or donated to

 9  the department by the general public or an inmate service

10  organization for deposit in the fund. However, the department

11  shall refuse to accept any donations from or on behalf of any

12  individual inmate. The moneys of the fund shall constitute a

13  trust held by the department for the benefit and welfare of

14  the inmates of the institutions under the jurisdiction of the

15  department.

16         (d)  There shall be deposited in the Inmate Welfare

17  Trust Fund such moneys as constitute repayment of the one-time

18  sum appropriated pursuant to s. 946.008.

19         (e)  Any contraband found upon, or in the possession

20  of, any inmate in any institution under the jurisdiction of

21  the department shall be confiscated and liquidated, and the

22  proceeds thereof shall be deposited in the Inmate Welfare

23  Trust Fund of the department.

24         (f)  The secretary of the department or the secretary's

25  designee may invest in the manner authorized by law for

26  fiduciaries any money in the Inmate Welfare Trust Fund of the

27  department that in his or her opinion is not necessary for

28  immediate use, and the interest earned and other increments

29  derived from such investments made pursuant to this section

30  shall be deposited in the Inmate Welfare Trust Fund of the

31  department.

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (e)(g)  Items for resale at the inmate canteens and or

 2  vending machines maintained at the correctional facilities

 3  shall be priced comparatively with like items for retail sale

 4  at fair market prices.

 5         (f)(h)  Notwithstanding any other provision of law,

 6  inmates with sufficient balances in their individual inmate

 7  bank trust fund accounts, after all debts against the account

 8  are satisfied, shall be allowed to request a weekly draw of up

 9  to $45 to be expended for personal use on canteen and vending

10  machine items.

11         (g)  The department shall annually compile a report

12  that specifically documents Inmate Welfare Trust Fund receipts

13  and expenditures. This report shall be compiled at both the

14  statewide and institutional levels. The department must submit

15  this report for the previous fiscal year by September 1 of

16  each year to the chairs of the appropriate substantive and

17  fiscal committees of the Senate and the House of

18  Representatives and to the Executive Office of the Governor.

19         (2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE

20  TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--

21         (a)  For purposes of this subsection, privately

22  operated institutions or private correctional facilities are

23  those correctional facilities under contract with the

24  department pursuant to chapter 944 or the Correctional

25  Privatization Commission pursuant to chapter 957.

26         (b)1.  The net proceeds derived from inmate canteens,

27  vending machines used primarily by inmates, telephone

28  commissions, and similar sources at private correctional

29  facilities shall be deposited in the Privately Operated

30  Institutions Inmate Welfare Trust Fund.

31         2.  Funds in the Privately Operated Institutions Inmate

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  Welfare Trust Fund shall be expended only pursuant to

 2  legislative appropriation.

 3         (c)  The Correctional Privatization Commission shall

 4  annually compile a report that documents Privately Operated

 5  Institutions Inmate Welfare Trust Fund receipts and

 6  expenditures at each private correctional facility. This

 7  report must specifically identify receipt sources and

 8  expenditures. The Correctional Privatization Commission shall

 9  compile this report for the prior fiscal year and shall submit

10  the report by September 1 of each year to the chairs of the

11  appropriate substantive and fiscal committees of the Senate

12  and House of Representatives and to the Executive Office of

13  the Governor.

14         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

15  CORRECTIONS.--

16         (a)  The department may establish an Employee Benefit

17  Trust Fund. Trust fund sources may be derived from any of the

18  following:

19         1.(a)  Proceeds of vending machines or other such

20  services not intended for use by inmates.

21         2.(b)  Donations, except donations by, or on behalf of,

22  an individual inmate.

23         3.(c)  Additional trust funds and grants which may

24  become available.

25         (b)  Funds from the Employee Benefit Trust Fund Such

26  fund shall be maintained and audited separately and apart from

27  the Inmate Welfare Trust Fund.  Portions of the fund may be

28  used to construct, operate, and maintain training and

29  recreation facilities at correctional facilities for the

30  exclusive use of department employees respective institutions.

31  Such facilities are shall be the property of the department

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  and must shall provide the maximum benefit to all interested

 2  employees, regardless of gender of both sexes, including

 3  teachers, clerical staff, medical and psychological services

 4  personnel, and officers and administrators.

 5         Section 5.  Paragraph (d) of subsection (2) of section

 6  944.803, Florida Statutes, is amended to read:

 7         944.803  Faith-based programs for inmates.--

 8         (2)  It is the intent of the Legislature that the

 9  Department of Corrections and the private vendors operating

10  private correctional facilities shall continuously:

11         (d)  Fund through the use of the inmate welfare trust

12  funds fund pursuant to s. 945.215 an adequate number of

13  chaplains and support staff to operate faith-based chaplaincy

14  programs in state correctional institutions.

15         Section 6.  Section 945.31, Florida Statutes, is

16  amended to read:

17         945.31  Restitution and other payments.--The department

18  may establish bank accounts outside the State Treasury for the

19  purpose of collecting and disbursing restitution and other

20  court-ordered payments from persons in its custody or under

21  its supervision, and may collect an administrative processing

22  fee in an amount equal to 4 percent of the gross amounts of

23  such payments. Such administrative processing fee shall be

24  deposited in the department's Operating Grants and Donations

25  Trust Fund and shall be used to offset the cost of the

26  department's services.

27         Section 7.  Section 945.76, Florida Statutes, is

28  amended to read:

29         945.76  Certification and monitoring of batterers'

30  intervention programs; fees.--

31         (1)  Pursuant to s. 741.32, the Department of

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  Corrections is authorized to assess and collect:

 2         (a)  An annual certification fee fees not to exceed

 3  $300 for the certification and monitoring of batterers'

 4  intervention programs certified by the Department of

 5  Corrections' Office of Certification and Monitoring of

 6  Batterers' Intervention Programs and.

 7         (b)  An annual certification fee not to exceed $200 for

 8  the certification and monitoring of assessment personnel

 9  providing direct services to persons who:

10         1.(a)  Are ordered by the court to participate in a

11  domestic violence prevention program;

12         2.(b)  Are adjudged to have committed an act of

13  domestic violence as defined in s. 741.28;

14         3.(c)  Have an injunction entered for protection

15  against domestic violence; or

16         4.(d)  Agree to attend a program as part of a diversion

17  or pretrial intervention agreement by the offender with the

18  state attorney.

19         (2)  All persons required by the court to attend

20  domestic violence programs certified by the Department of

21  Corrections' Office of Certification and Monitoring of

22  Batterers' Intervention Programs shall pay an additional $30

23  fee for each 29-week program to the Department of Corrections.

24         (3)  The fees assessed and collected under this section

25  fee shall be deposited in the department's Operating Grants

26  and Donations Trust Fund to be used by the department to fund

27  the cost of certifying and monitoring batterers' intervention

28  programs.

29         Section 8.  Subsection (7) of section 944.10, Florida

30  Statutes, is amended to read:

31         944.10  Department of Corrections to provide buildings;

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  sale and purchase of land; contracts to provide services and

 2  inmate labor.--

 3         (7)  The department may enter into contracts with

 4  federal, state, or local governmental entities or subdivisions

 5  to provide services and inmate labor for the construction of

 6  buildings, parks, roads, any detention or commitment

 7  facilities, or any other project deemed to be appropriate by

 8  the Department of Corrections, which may include, but is not

 9  limited to, the planning, design, site acquisition or

10  preparation, management, or construction of such projects. The

11  department may charge fees for providing such services. All

12  fees collected must be placed in the Correctional Work Program

13  Grants and Donations Trust Fund.

14         Section 9.  Subsection (2) of section 948.09, Florida

15  Statutes, is amended to read:

16         948.09  Payment for cost of supervision and

17  rehabilitation.--

18         (2)  Any person being electronically monitored by the

19  department as a result of placement on community control shall

20  be required to pay a $1-per-day surcharge in addition to the

21  cost of supervision fee as directed by the sentencing court.

22  The surcharge shall be deposited in the Operating Grants and

23  Donations Trust Fund to be used by the department for

24  purchasing and maintaining electronic monitoring devices.

25         Section 10.  Subsection (10) of section 951.23, Florida

26  Statutes, is amended to read:

27         951.23  County and municipal detention facilities;

28  definitions; administration; standards and requirements.--

29         (10)  Nothing in this section prohibits the governing

30  board of a county or municipality to enter into an agreement

31  with the Department of Corrections authorizing the department

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  to inspect the local detention facilities under the

 2  jurisdiction of the governing body. A governing board of a

 3  county or municipality may enter into such agreements with the

 4  department upon consultation with the sheriff if the sheriff

 5  operates the detention facility. The inspections performed by

 6  the department shall be consultatory in nature and for the

 7  purpose of advising the local governing bodies concerning

 8  compliance with the standards adopted by the detention

 9  facility's chief correctional officer. Such agreements must

10  include, but are not limited to, provisions for the physical

11  and operational standards that were adopted by the chief

12  correctional officer of the detention facility, the manner and

13  frequency of inspections to be conducted by the department,

14  whether such inspections are to be announced or unannounced by

15  the department, the type of access the department may have to

16  the detention facility, and the amount of payment by the local

17  governing body, if any, for the services rendered by the

18  department. Inspections and access to local detention

19  facilities shall not interfere with custody of inmates or the

20  security of the facilities as determined by the chief

21  correctional officer of each facility. Any fees collected by

22  the department pursuant to such agreements must be deposited

23  into the Operating Grants and Donations Trust Fund and shall

24  be used to pay the cost of the services provided by the

25  department to monitor local detention facilities pursuant to

26  such agreements. This subsection shall be repealed effective

27  October 1, 1999.

28         Section 11.  Section 386.213, Florida Statutes, is

29  created to read:

30         386.213  Smoking prohibited inside state correctional

31  facilities.--

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (1)  The purpose of this section is to protect the

 2  health, comfort, and environment of employees of the

 3  Department of Corrections, employees of privately operated

 4  correctional facilities, employees of the Correctional

 5  Privatization Commission, and inmates by prohibiting inmates

 6  from using tobacco products inside any offices or buildings

 7  within state correctional facilities, and by ensuring that

 8  employees and visitors do not use tobacco products inside any

 9  office or building within state correctional facilities.

10  Scientific evidence links the use of tobacco products with

11  numerous significant health risks. The use of tobacco products

12  by inmates, employees, or visitors is contrary to efforts by

13  the Department of Corrections to reduce the costs of inmate

14  health care and to limit unnecessary litigation. The

15  Department of Corrections and the private vendors operating

16  correctional facilities shall make smoking cessation

17  assistance available to inmates in order to implement this

18  section. The Department of Corrections and the private vendors

19  operating correctional facilities shall implement this section

20  as soon as possible, and all provisions of this section must

21  be fully implemented by January 1, 1999.

22         (2)  As used in this section, the term:

23         (a)  "Department" means the Department of Corrections.

24         (b)  "Employee" means an employee of the department or

25  a private vendor in a contractual relationship with either the

26  Department of Corrections or the Correctional Privatization

27  Commission, and includes persons such as contractors,

28  volunteers, or law enforcement officers who are within a state

29  correctional facility to perform a professional service.

30         (c)  "State correctional facility" means a state or

31  privately operated correctional institution as defined in s.

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  944.02, or a correctional institution or facility operated

 2  under s. 944.105 or chapter 957.

 3         (d)  "Tobacco products" means items such as cigars,

 4  cigarettes, snuff, loose tobacco, or similar goods made with

 5  any part of the tobacco plant, which are prepared or used for

 6  smoking, chewing, dipping, sniffing, or other personal use.

 7         (e)  "Visitor" means any person other than an inmate or

 8  employee who is within a state correctional facility for a

 9  lawful purpose and includes, but is not limited to, persons

10  who are authorized to visit state correctional institutions

11  pursuant to s. 944.23, and persons authorized to visit as

12  prescribed by departmental rule or vendor policy.

13         (f)  "Prohibited areas" means any indoor areas of any

14  building, portable or other enclosed structure within a state

15  correctional facility.

16         (3)(a)  An inmate within a state correctional facility

17  may not use tobacco products in prohibited areas at any time

18  while in the custody of the department or under the

19  supervision of a private vendor operating a correctional

20  facility.

21         (b)1.  An employee or visitor may not use any tobacco

22  products in prohibited areas.

23         2.  The superintendent, warden, or supervisor of a

24  state correctional facility shall take reasonable steps to

25  ensure that the tobacco prohibition for employees and visitors

26  is strictly enforced.

27         (4)  An inmate who violates this section commits a

28  disciplinary infraction and is subject to punishment

29  determined to be appropriate by the disciplinary authority in

30  the state correctional facility, including, but not limited

31  to, forfeiture of gain-time or the right to earn gain-time in

                                  16

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  the future under s. 944.28.

 2         (5)  The department may adopt rules and the private

 3  vendors operating correctional facilities may adopt policies

 4  and procedures for the designation of prohibited areas and

 5  smoking areas and for the imposition of penalties pursuant to

 6  this section. For the purposes of this section, the

 7  designation of prohibited areas shall not include employee

 8  housing on the grounds of a state correctional facility or

 9  maximum security inmate housing areas.

10         Section 12.  Subsection (1) of section 386.203, Florida

11  Statutes, is amended to read:

12         386.203  Definitions.--As used in this part:

13         (1)  "Public place" means the following enclosed,

14  indoor areas used by the general public:

15         (a)  Government buildings;

16         (b)  Public means of mass transportation and their

17  associated terminals not subject to federal smoking

18  regulation;

19         (c)  Elevators;

20         (d)  Hospitals;

21         (e)  Nursing homes;

22         (f)  Educational facilities;

23         (g)  Public school buses;

24         (h)  Libraries;

25         (i)  Courtrooms;

26         (j)  Jury waiting and deliberation rooms;

27         (k)  Museums;

28         (l)  Theaters;

29         (m)  Auditoriums;

30         (n)  Arenas;

31         (o)  Recreational facilities;

                                  17

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (p)  Restaurants which seat more than 50 persons;

 2         (q)  Retail stores, except a retail store the primary

 3  business of which is the sale of tobacco or tobacco related

 4  products;

 5         (r)  Grocery stores;

 6         (s)  Places of employment;

 7         (t)  Health care facilities;

 8         (u)  Day care centers; and

 9         (v)  Common areas of retirement homes and

10  condominiums.; and

11         (w)  State correctional facilities.

12         Section 13.  Section 945.10, Florida Statutes, is

13  amended to read:

14         945.10  Confidential information; illegal acts;

15  penalties.--

16         (1)  Except as otherwise provided by law or in this

17  section, the following records and information of the

18  Department of Corrections are confidential and exempt from the

19  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution:

21         (a)  Mental health, medical, or substance abuse records

22  of an inmate or an offender.

23         (b)  Preplea, pretrial intervention, presentence or

24  postsentence investigative records.

25         (c)  Information regarding a person in the federal

26  witness protection program.

27         (d)  Parole Commission records which are confidential

28  or exempt from public disclosure by law.

29         (e)  Information which if released would jeopardize a

30  person's safety.

31         (f)  Information concerning a victim's statement and

                                  18

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  identity.

 2         (g)  The identity of an executioner.

 3         (h)  Records that are otherwise confidential or exempt

 4  from public disclosure by law.

 5         (2)  The records and information specified in

 6  paragraphs (1)(b)-(h) may be released as follows unless

 7  expressly prohibited by federal law:

 8         (a)  Information specified in paragraphs (1)(b), (d),

 9  and (f) to the Office of the Governor, the Legislature, the

10  Parole Commission, the Department of Health and Rehabilitative

11  Services, a private correctional facility or program that

12  operates under a contract, the Department of Legal Affairs, a

13  state attorney, the court, or a law enforcement agency. A

14  request for records or information pursuant to this paragraph

15  need not be in writing.

16         (b)  Information specified in paragraphs (1)(c), (e),

17  and (h) to the Office of the Governor, the Legislature, the

18  Parole Commission, the Department of Health and Rehabilitative

19  Services, a private correctional facility or program that

20  operates under contract, the Department of Legal Affairs, a

21  state attorney, the court, or a law enforcement agency. A

22  request for records or information pursuant to this paragraph

23  must be in writing and a statement provided demonstrating a

24  need for the records or information.

25         (c)  Information specified in paragraph (1)(b) to an

26  attorney representing an inmate under sentence of death,

27  except those portions of the records containing a victim's

28  statement or address, or the statement or address of a

29  relative of the victim. A request for records of information

30  pursuant to this paragraph must be in writing and a statement

31  provided demonstrating a need for the records or information.

                                  19

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (d)  Information specified in paragraph (1)(b) to a

 2  public defender representing a defendant, except those

 3  portions of the records containing a victim's statement or

 4  address, or the statement or address of a relative of the

 5  victim. A request for records or information pursuant to this

 6  paragraph need not be in writing.

 7         (e)  Information specified in paragraph (1)(b) to state

 8  or local governmental agencies. A request for records or

 9  information pursuant to this paragraph must be in writing and

10  a statement provided demonstrating a need for the records or

11  information.

12         (f)  Information specified in paragraph (1)(b) to a

13  person conducting legitimate research. A request for records

14  and information pursuant to this paragraph must be in writing,

15  the person requesting the records or information must sign a

16  confidentiality agreement, and the department must approve the

17  request in writing.

18

19  Records and information released under this subsection remain

20  confidential and exempt from the provisions of s. 119.07(1)

21  and s. 24(a), Art. I of the State Constitution when held by

22  the receiving person or entity.

23         (3)  Due to substantial concerns regarding

24  institutional security and unreasonable and excessive demands

25  on personnel and resources if an inmate or an offender has

26  unlimited or routine access to records of the Department of

27  Corrections, an inmate or an offender who is under the

28  jurisdiction of the department may not have unrestricted

29  access to the department's records or to information contained

30  in the department's records. However, except as to another

31  inmate's or offender's records, the department may permit

                                  20

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  limited access to its records if an inmate or an offender

 2  makes a written request and demonstrates an exceptional need

 3  for information contained in the department's records and the

 4  information is otherwise unavailable. Exceptional

 5  circumstances include, but are not limited to:

 6         (a)  The inmate or offender requests documentation to

 7  resolve a conflict between the inmate's court documentation

 8  and the commitment papers or court orders received by the

 9  department regarding the inmate or offender.

10         (b)  The inmate's or offender's release is forthcoming

11  and a prospective employer requests, in writing, documentation

12  of the inmate's or offender's work performance.

13         (c)  The inmate or offender needs information

14  concerning the amount of victim restitution paid during the

15  inmate's or offender's incarceration.

16         (d)  The requested records contain information required

17  to process an application or claim by the inmate or offender

18  with the Internal Revenue Service, the Social Security

19  Administration, the Department of Labor and Employment

20  Security, or any other similar application or claim with a

21  state agency or federal agency.

22         (e)  The inmate or offender wishes to obtain the

23  current address of a relative whose address is in the

24  department's records and the relative has not indicated a

25  desire not to be contacted by the inmate or offender.

26         (f)  Other similar circumstances that do not present a

27  threat to the security, order, or rehabilitative objectives of

28  the correctional system or to any person's safety.

29         (4)  The Department of Corrections shall adopt rules to

30  prevent disclosure of confidential records or information to

31  unauthorized persons.

                                  21

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (5)  The Department of Corrections and the Parole

 2  Commission shall mutually cooperate with respect to

 3  maintaining the confidentiality of records that are exempt

 4  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

 5  the State Constitution.

 6         (6)(a)  As used in this subsection:

 7         1.  The term "personal information about another

 8  person" means the home addresses, telephone numbers, social

 9  security numbers, and photographs of health care clinicians of

10  the Department of Corrections who are licensed or certified

11  pursuant to chapter 458, chapter 459, chapter 464, chapter

12  465, chapter 466, or chapter 490 and of educational personnel

13  of the Department of Corrections who are certified pursuant to

14  s. 231.17 and of other state officers and employees whose

15  duties are performed in whole or in part in state correctional

16  institutions; the home addresses, telephone numbers, social

17  security numbers, photographs, and places of employment of the

18  spouses and children of such persons; and the names and

19  locations of schools and day care facilities attended by the

20  children of such persons.

21         2.  The terms "another person" and "such person" mean

22  any person described in subparagraph 1.

23         3.  The term "harass" means engaging in a course of

24  conduct directed at another person which causes substantial

25  emotional distress to such person and serves no legitimate

26  purpose.

27         (b)  An inmate or offender in the correctional system

28  or under correctional supervision, whether on parole,

29  probation, postrelease supervision, or any other form of

30  supervision, is prohibited from disclosing or using personal

31  information about another person with the intent to obtain a

                                  22

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  benefit from, harass, harm, or defraud such person. Any inmate

 2  or offender who violates this section commits a felony of the

 3  third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

 5         (c)  An inmate or offender who has been convicted of an

 6  offense under paragraph (b) is prohibited from subsequently

 7  participating in any correctional work or other correctional

 8  program that provides inmates or offenders with access to

 9  personal information about persons who are not in the

10  correctional system or under correctional supervision. If,

11  during a term of imprisonment, an inmate or offender is

12  convicted of the offense under paragraph (b), the inmate or

13  offender shall be subject to forfeiture of all or any part of

14  his or her gain-time pursuant to rules adopted by the

15  department. The department may adopt rules to prohibit the

16  subsequent participation of an inmate who has been convicted

17  of an offense under paragraph (b) in any correctional work or

18  other correctional program that provides inmates access to

19  personal information about another person. The department may

20  also adopt rules to implement the forfeiture or deletion of

21  gain-time.

22         Section 14.  Subsection (5) of section 99.012, Florida

23  Statutes, is amended to read:

24         99.012  Restrictions on individuals qualifying for

25  public office.--

26         (5)(a)  A person who is a subordinate officer, deputy

27  sheriff, or police officer must need not resign effective upon

28  qualifying, pursuant to Chapter 99, F.S., if pursuant to this

29  section unless the person is seeking to qualify for a public

30  office which is currently held by an officer who has authority

31  to appoint, employ, promote, or otherwise supervise that

                                  23

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  person and who has qualified as a candidate for reelection to

 2  that office.

 3         (b)  However, Upon qualifying pursuant to Chapter 99,

 4  F.S., a the subordinate officer, deputy sheriff, or police

 5  officer who is seeking public office and who is not required

 6  to resign under paragraph (a) must take a leave of absence

 7  without pay during the period in which he or she is a

 8  candidate for office.

 9         Section 15.  The proviso language immediately preceding

10  Specific Appropriation 962 and the proviso language following

11  Specific Appropriation 620 in the Conference Report On House

12  Bill 4201 which is the General Appropriations Act for fiscal

13  year 1998-1999, shall not be deemed, in whole or in part, to

14  be repealed, nullified or modified in any way by legislation

15  passed during the 1998 regular session of the Legislature

16  unless the legislation makes specific reference to this

17  section.  If either the proviso language immediately preceding

18  Specific Appropriation 962 and the proviso language following

19  Specific Appropriation 620 in the Conference Report On House

20  Bill 4201 are repealed or amended by substantive legislation

21  passed during the 1998 regular session of the Legislature,

22  then both sections of proviso are hereby reenacted in full and

23  shall have their full effect as written in the Conference

24  Report On House Bill 4201.  This section is hereby repealed on

25  June 30, 1999.

26         Section 16.  Paragraph (f) of subsection (3) and

27  paragraph (c) of subsection (4) of section 957.03, Florida

28  Statutes, are amended, and paragraphs (d), (e), and (f) are

29  added to subsection (4) of said section, to read:

30         957.03  Correctional Privatization Commission.--

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

                                  24

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (f)  The commission shall meet upon the call of the

 2  chair or a majority of the members of the commission.  A

 3  majority of the members of the commission constitutes a

 4  quorum. An action of the commission is not binding unless the

 5  action is taken pursuant to an affirmative vote of a majority

 6  of the members present, but not fewer than three members of

 7  the commission must be present. The vote must be recorded in

 8  the minutes of the meeting.

 9         (4)  DUTIES.--

10         (c)  The commission must report to the Speaker of the

11  House of Representatives and the President of the Senate by

12  December 1 each year on the status and effectiveness of the

13  facilities under its management.  Each report must also

14  include a comparison of recidivism rates for inmates of

15  private correctional facilities to the recidivism rates for

16  inmates of comparable facilities managed by the department.

17         (d)  In its request for proposals, the commission may

18  authorize the contractor to use inmate labor to assist in the

19  construction of the facility.  The Department of Corrections

20  shall assign inmate work crews at the request of the

21  commission and the contractor.

22         (e)  In the renegotiation or origination of contracts

23  on or after the effective date of this act, the commission may

24  authorize the contractors to use selected inmates in public

25  work programs pursuant to ss. 946.40 and 946.41. If inmates

26  are placed in public work programs, the private contractor

27  shall develop security procedures which shall ensure the

28  safety of the public, and the commission and the department

29  shall approve such procedures.

30         (f)  In the renegotiation or origination of contracts

31  on or after the effective date of this act, the commission

                                  25

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  shall require each contractor to develop and annually report

 2  to the Legislature outcome performance measures similar to

 3  those included in the General Appropriations Act for the

 4  department pursuant to s. 216.0166.

 5         Section 17.  Section 957.031, Florida Statutes, is

 6  created to read:

 7         957.031  Prohibited conduct by commission member,

 8  employee, consultant, or adviser.--

 9         (1)  Any commission member, employee, or consultant who

10  reviews, monitors, or approves private correctional facility

11  contracts, or who advises the commission in any manner with

12  respect to private correctional facilities, may not:

13         (a)  Solicit or accept, directly or indirectly, any

14  personal benefit or promise of benefit from any bidders,

15  potential bidders, or contractors; or

16         (b)  Be an officer, director, trustee, stockholder, or

17  investor in any business entity that:

18         1.  Has a business relationship of any kind with the

19  commission;

20         2.  Is owned or controlled by a business entity that

21  has a business relationship of any kind with the commission;

22  or

23         3.  Is owned or controlled by one or more individuals

24  or business entities who, separately or collectively, own or

25  control a business entity that has a business relationship of

26  any kind with the commission.

27         (2)  This section shall not be construed to conflict

28  with s. 112.313, s. 112.3145, or s. 112.3148.

29         Section 18.  Section 957.06, Florida Statutes, is

30  amended to read:

31         957.06  Powers and duties not delegable to

                                  26

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  contractor.--A contract entered into under this chapter does

 2  not authorize, allow, or imply a delegation of authority to

 3  the contractor to:

 4         (1)  Make a final determination on the custody

 5  classification of an inmate.  The contractor may submit a

 6  recommendation for a custody change on an inmate; however, any

 7  recommendation made shall be in compliance with the

 8  department's custody classification system.

 9         (2)  Choose the facility to which an inmate is

10  initially assigned or subsequently transferred. The contractor

11  may request, in writing, that an inmate be transferred to a

12  facility operated by the department. The commission, the

13  contractor, and a representative of the department shall

14  develop and implement a cooperative agreement for transferring

15  inmates between a correctional facility operated by the

16  department and a private correctional facility. The

17  department, the commission, and the contractor must comply

18  with the cooperative agreement.

19         (3)  Develop or adopt disciplinary rules or penalties

20  that differ from the disciplinary rules and penalties that

21  apply to inmates housed in correctional facilities operated by

22  the department.

23         (4)  Make a final determination on a disciplinary

24  action that affects the liberty of an inmate. The contractor

25  may remove an inmate from the general prison population during

26  an emergency, before final resolution of a disciplinary

27  hearing, or in response to an inmate's request for assigned

28  housing in protective custody.

29         (5)  Make a decision that affects the sentence imposed

30  upon or the time served by an inmate, including a decision to

31  award, deny, or forfeit gain-time.

                                  27

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (6)  Make recommendations to the Parole Commission with

 2  respect to the denial or granting of parole, control release,

 3  conditional release, or conditional medical release. However,

 4  the contractor may submit written reports to the Parole

 5  Commission and must respond to a written request by the Parole

 6  Commission for information.

 7         (7)  Develop and implement requirements that inmates

 8  engage in any type of work or develop and implement any work

 9  program, except to the extent provided by law or approved that

10  those requirements are accepted by the commission.

11         (8)  Determine inmate eligibility for any form of

12  conditional, temporary, or permanent release from a

13  correctional facility.

14         Section 19.  Section 957.061, Florida Statutes, is

15  created to read:

16         957.061  Cooperative transfer agreement.--The

17  commission, the contractor, and a representative of the

18  department shall develop and implement a cooperative transfer

19  agreement for each private correctional facility for

20  transferring inmates between a correctional facility operated

21  by the department and the private correctional facility.  The

22  department, the commission, and the contractor must comply

23  with the cooperative transfer agreement.

24         Section 20.  Section 957.08, Florida Statutes, is

25  amended to read:

26         957.08  Capacity requirements.--The department shall

27  transfer and assign inmates prisoners, at a rate to be

28  determined by contract the commission, to each private

29  correctional facility opened pursuant to this chapter in an

30  amount not less than 90 percent or more than 100 percent of

31  the capacity of the facility pursuant to the contract with the

                                  28

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  commission.  The types of inmates prisoners transferred by the

 2  department shall conform to the cooperative transfer agreement

 3  developed pursuant to s. 957.061 and represent a cross section

 4  of the general inmate population, based on the grade of

 5  custody or the offense of conviction, the physical and mental

 6  health grade, and the level of education, at the most

 7  comparable facility operated by the department.

 8         Section 21.  Subsection (2) of section 957.125, Florida

 9  Statutes, is amended to read:

10         957.125  Correctional facilities for youthful

11  offenders.--

12         (2)  These Youthful offender facilities contracted

13  under this chapter shall be designed to provide the optimum

14  capacity for programs for youthful offenders designed to

15  reduce recidivism, including, but not limited to:  educational

16  and vocational programs, substance abuse and mental health

17  counseling, prerelease orientation and planning, job and

18  career counseling, physical exercise, dispute resolution, and

19  life skills training.  In order to ensure this quality

20  programming, the commission shall give no more than 30 percent

21  weight to cost in evaluating proposals.

22         Section 22.  The Corrections Commission shall conduct

23  an in-depth analysis and develop legislative proposals for the

24  fiscal year 1999-2000 on the future and expanded use of

25  technology and private services contracts in all aspects of

26  corrections ranging from prison management, mobile surgical

27  units, prison industry, health care, food services, inmate

28  transportation, pharmaceutical products, canteen services,

29  distance learning programs, victim notification hotlines,

30  satellite tracking of offenders, inmate legal services, and

31  community supervision.  The analysis shall, at a minimum:

                                  29

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  identify cost efficiencies, technological innovations, and

 2  best corrections practices at both private and public

 3  correctional programs; identify bureaucratic and legal

 4  barriers that prevent or nullify effective cost containment

 5  strategies in both private and public corrections; determine

 6  ways to reduce inmate idleness through partnerships with

 7  private industries; and produce plans for the most effective

 8  use of general and specialized private sector services in

 9  corrections.  The Corrections Commission shall report its

10  findings and recommendations to the Governor and Legislature

11  in its 1998 annual report.

12         Section 23.  For fiscal year 1998-1999, the

13  Correctional Privatization Commission shall contract with an

14  academic researcher to produce a study comparing recidivism

15  rates for inmates of private correctional facilities to

16  recidivism rates for inmates of comparable facilities managed

17  by the Department of Corrections. Beginning fiscal year

18  1998-1999, the methodology and sampling strategy shall be

19  developed by consensus and unanimously approved by the

20  director of the Division of Economic and Demographic Research

21  of the Joint Legislative Management Committee, or successor

22  entity, one professional staff person who has research

23  expertise from the Department of Corrections, and the academic

24  researcher retained by the Correctional Privatization

25  Commission. The methodology and sampling strategy developed

26  shall be adhered to in all subsequent and independent analyses

27  or reports produced for the commission on such recidivism

28  rates. The academic researcher under contract to the

29  commission as well as the researchers for the Department of

30  Corrections and the Division of Economic and Demographic

31  Research, or successor entity, shall independently analyze the

                                  30

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  data collected pursuant to this section and shall collaborate

 2  on a single report. This report shall be submitted to the

 3  Speaker of the House of Representatives and the President of

 4  the Senate not later than February 1, 1999. The December 1,

 5  1998, report by the commission pursuant to s. 957.03(4)(c),

 6  Florida Statutes, need not contain a comparison of recidivism

 7  rates for inmates of private correctional facilities to the

 8  recidivism rates for inmates of comparable facilities managed

 9  by the Department of Corrections.

10         Section 24.  Subsections (1), (3), and (4) of section

11  957.125, section 944.711, and subsection (8) of section

12  957.04, Florida Statutes, are repealed.

13         Section 25.  Section 945.603, Florida Statutes, is

14  amended to read:

15         945.603  Powers and duties of authority.--The purpose

16  of the authority is to assist in the delivery of health care

17  services for inmates in the legal custody of the Department of

18  Corrections by advising the Secretary of Corrections and the

19  chairman of the Correctional Privatization Commission on the

20  professional conduct of primary, convalescent, dental, and

21  mental health care and the management of costs consistent with

22  quality care, by advising the Governor and the Legislature on

23  the status of the inmate Department of Corrections' health

24  care delivery system, and by assuring that adequate standards

25  of physical and mental health care for inmates are maintained

26  at all Department of Corrections institutions and at all

27  private correctional facilities.  For this purpose, the

28  authority has the authority to:

29         (1)  Review and advise the Secretary of Corrections on

30  cost containment measures the Department of Corrections could

31  implement.

                                  31

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (2)  Review and make recommendations regarding health

 2  care for the delivery of health care services including, but

 3  not limited to, acute hospital-based services and facilities,

 4  primary and tertiary care services, ancillary and clinical

 5  services, dental services, mental health services, intake and

 6  screening services, medical transportation services, and the

 7  use of nurse practitioner and physician assistant personnel to

 8  act as physician extenders as these relate to inmates in the

 9  legal custody of the Department of Corrections.

10         (3)  Develop and recommend to the Governor and the

11  Legislature an annual budget for all or part of the operation

12  of the State of Florida prison health care system.

13         (4)  Review and advise the Secretary of Corrections and

14  the Correctional Privatization Commission on contracts between

15  the Department of Corrections or private vendors and third

16  parties for quality management programs.

17         (5)  Review and advise the Secretary of Corrections and

18  the Correctional Privatization Commission on minimum standards

19  needed to ensure that an adequate physical and mental health

20  care delivery system is maintained by the Department of

21  Corrections and by the private vendors under contract pursuant

22  to chapters 957 and 944.

23         (6)  Review and advise the Secretary of Corrections on

24  the sufficiency, adequacy, and effectiveness of the Department

25  of Corrections' Office of Health Services' quality management

26  program.

27         (7)  Review and advise the Secretary of Corrections on

28  the projected medical needs of the inmate population and the

29  types of programs and resources required to meet such needs.

30         (8)  Review and advise the Secretary of Corrections on

31  the adequacy of preservice, inservice, and continuing medical

                                  32

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  education programs for all health care personnel and, if

 2  necessary, recommend changes to such programs within the

 3  Department of Corrections.

 4         (9)  Identify and recommend to the Secretary of

 5  Corrections the professional incentives required to attract

 6  and retain qualified professional health care staff within the

 7  prison health care system.

 8         (10)  Coordinate the development of prospective payment

 9  arrangements as described in s. 408.50 when appropriate for

10  the acquisition of inmate health care services.

11         (11)  Review the Department of Corrections' health

12  services plan and advise the Secretary of Corrections on its

13  implementation.

14         (12)  Sue and be sued in its own name and plead and be

15  impleaded.

16         (13)  Make and execute agreements of lease, contracts,

17  deeds, mortgages, notes, and other instruments necessary or

18  convenient in the exercise of its powers and functions under

19  this act.

20         (14)  Employ or contract with health care providers,

21  medical personnel, management consultants, consulting

22  engineers, architects, surveyors, attorneys, accountants,

23  financial experts, and such other employees, entities, or

24  agents as may be necessary in its judgment to carry out the

25  mandates of the Correctional Medical Authority and fix their

26  compensation.

27         (15)  Recommend to the Legislature such performance and

28  financial audits of the Office of Health Services in the

29  Department of Corrections as the authority considers

30  advisable.

31         Section 26.  Section 945.6031, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         945.6031  Required reports and surveys.--

 3         (1)  Not less than annually, the authority shall report

 4  to the Governor and the Legislature the status of the

 5  Department of Corrections' health care delivery system

 6  provided by the Department of Corrections and by vendors

 7  operating private correctional facilities under contract

 8  pursuant to chapters 957 and 944.  The report must include,

 9  but need not be limited to:

10         (a)  Recommendations regarding cost containment

11  measures the Department of Corrections could implement; and

12         (b)  Recommendations regarding performance and

13  financial audits of the Department of Corrections' Office of

14  Health Services.

15         (2)  The authority shall conduct surveys of the

16  physical and mental health care system at each publicly

17  operated and privately operated correctional institution or

18  facility at least triennially and shall report the survey

19  findings for each institution to the Secretary of Corrections

20  or the Correctional Privatization Commission.

21         (3)  Deficiencies found by the authority to be

22  life-threatening or otherwise serious shall be immediately

23  reported to the Secretary of Corrections or the Correctional

24  Privatization Commission.  The Department of Corrections and

25  the Correctional Privatization Commission shall take immediate

26  action to correct life-threatening or otherwise serious

27  deficiencies identified by the authority and within 3 calendar

28  days file a written corrective action plan with the authority

29  indicating the actions that will be taken to address the

30  deficiencies.  Within 60 calendar days following a survey, the

31  authority shall submit a report to the Secretary of

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  Corrections or the Correctional Privatization Commission

 2  indicating deficiencies found at the institution or facility.

 3         (4)  Within 30 calendar days after the receipt of a

 4  survey report from the authority, the Department of

 5  Corrections shall file a written corrective action plan with

 6  the authority, indicating the actions which will be taken to

 7  address deficiencies determined by the authority to exist at

 8  an institution or facility.  Each plan shall set forth an

 9  estimate of the time and resources needed to correct

10  identified deficiencies.

11         (5)  The authority shall monitor the Department of

12  Corrections' implementation of corrective actions which have

13  been taken at each institution to address deficiencies related

14  to the Department of Corrections' provision of physical and

15  mental health care services found to exist by the authority.

16         (6)  Failure of the Department of Corrections to file a

17  corrective action plan or to timely implement the provisions

18  of a corrective action plan correcting identified deficiencies

19  may result in the initiation of the dispute resolution

20  procedures by the authority pursuant to s. 945.6035.

21         Section 27.  Section 945.6035, Florida Statutes, is

22  amended to read:

23         945.6035  Dispute resolution.--

24         (1)  The authority and either the Assistant Secretary

25  for Health Services or the Executive Director of the

26  Correctional Privatization Commission, whoever is appropriate,

27  shall attempt to expeditiously resolve any disputes arising

28  between the authority and the department or the Correctional

29  Privatization Commission regarding the physical and mental

30  health care of inmates.

31         (2)  If the authority and either the Assistant

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  Secretary for Health Services or the Executive Director of the

 2  Correctional Privatization Commission are unable to resolve a

 3  dispute regarding inmate physical or mental health care, the

 4  authority may submit a written notice to the Assistant

 5  Secretary for Health Services or the Executive Director of the

 6  Correctional Privatization Commission, setting forth each

 7  issue in controversy and the position of the authority. The

 8  Assistant Secretary for Health Services or the Executive

 9  Director of the Correctional Privatization Commission shall

10  respond to the authority within 30 days after receipt of such

11  written notice. The authority shall place the assistant

12  secretary's or the executive director's response on the agenda

13  of the next regularly scheduled meeting of the authority. If

14  the dispute remains unresolved, the authority may submit a

15  written report to the secretary detailing the authority's

16  objections.  The Assistant Secretary for Health Services or

17  the Executive Director of the Correctional Privatization

18  Commission shall submit a written report setting forth his or

19  her position to the secretary on the issue or issues raised by

20  the authority within 5 working days after receipt of the

21  submission by the authority.

22         (3)  The secretary or the chair of the Correctional

23  Privatization Commission shall review any disputes between the

24  authority and the Assistant Secretary for Health Services or

25  the Executive Director of the Correctional Privatization

26  Commission, and shall provide written notice to the authority

27  of his or her decision regarding such disputes within 40 days

28  after the date when the authority provides written notice of

29  the dispute to the secretary or to the chair of the

30  Correctional Privatization Commission.

31         (4)  If, at the end of the 40-day period, no resolution

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  has been reached, the authority is authorized to appeal to the

 2  Administration Commission for a review and resolution of the

 3  dispute between the department or the Correctional

 4  Privatization Commission and the authority.

 5         (5)  The authority, within 30 days after receiving

 6  written notice of the action of the secretary or of the chair

 7  of the Correctional Privatization Commission or, if no

 8  response is received, within 30 days after the secretary's or

 9  the chair's response is due pursuant to subsection (3), may

10  file an appeal by petition to the Administration Commission,

11  filed with the Secretary of the Administration Commission.

12  The petition shall set forth the issues in controversy between

13  the authority and either the Correctional Privatization

14  Commission or the department, in the form and manner

15  prescribed by the Administration Commission, and shall contain

16  the reasons for the appeal.  The department or the

17  Correctional Privatization Commission has 5 days after

18  delivery of a copy of any such petition to file its reply with

19  the Secretary of the Administration Commission, and the

20  department or the Correctional Privatization Commission shall

21  also deliver a copy of its reply to the authority.

22         (6)  The issues which may be raised by the authority on

23  appeal to the Administration Commission are:

24         (a)  Adoption or implementation by the department or by

25  the Correctional Privatization Commission of a health care

26  standard which does not conform to the standard of care

27  generally accepted in the professional health community at

28  large.

29         (b)  Failure of the department or the commission to

30  comply with an adopted health care standard.

31         (c)  Failure to timely file a corrective action plan

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  regarding all deficiencies which are determined by the

 2  authority to exist at an institution or facility, as required

 3  pursuant to s. 945.6031.

 4         (d)  Failure to implement a corrective action plan

 5  filed pursuant to s. 945.6031.

 6         (7)  Within 30 days after receipt of a petition from

 7  the authority, the Secretary of the Administration Commission,

 8  or his or her designee, shall conduct an informal hearing to

 9  consider the matters presented in the petition and the reply,

10  and after the informal hearing shall promptly submit a report

11  of the findings and recommendations to the Administration

12  Commission. Within 30 days after the informal hearing, the

13  Administration Commission shall approve either the position of

14  the authority or that of the Correctional Privatization

15  Commission or the department.  If the position of the

16  authority is approved, the Administration Commission shall set

17  forth whatever remedial measures it deems appropriate and the

18  department shall implement such remedial measures.  The

19  decision of the Administration Commission is final and binding

20  on the authority and on either the department or the

21  Correctional Privatization Commission and shall not be subject

22  to appeal pursuant to s. 120.68.

23         Section 28.  Section 957.041, Florida Statutes, is

24  created to read:

25         957.041  Requirement for department to provide notice

26  of anticipated inmate profile.--

27         (1)  Prior to the commission issuing a request for

28  proposals, the department shall notify the commission, in

29  writing, of the projected profile of the inmates anticipated

30  to be housed in the private correctional facility.  The

31  anticipated inmate profile shall include, but not be limited

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  to, the:

 2         (a)  Education grade and literacy level;

 3         (b)  Gender;

 4         (c)  Custody grades;

 5         (d)  Medical and psychological grades and

 6  classification; and 

 7         (e)  Age range.

 8

 9  The commission shall negotiate and enter into contracts for

10  private correctional services based upon the anticipated

11  inmate profile provided by the department.

12         Section 29.  There is appropriated $770,000 from the

13  Inmate Welfare Trust Fund to the Department of Corrections for

14  the fixed capital outlay needs of the AGAPE program in Dade

15  County, including the purchase of new housing units and

16  renovations to existing AGAPE facilities, for fiscal year

17  1998-1999.

18         Section 30.  There is appropriated $550,000 from the

19  Inmate Welfare Trust Fund to the Department of Corrections for

20  the New Horizon Community Mental Health Center's Family

21  Intervention, Preservation, and Support Program for fiscal

22  year 1998-1999.

23         Section 31.  Subsection (1) of section 921.141, Florida

24  Statutes, is amended to read:

25         921.141  Sentence of death or life imprisonment for

26  capital felonies; further proceedings to determine sentence.--

27         (1)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--

28         (a)  Upon conviction or adjudication of guilt of a

29  defendant of a capital felony, the court shall conduct a

30  separate sentencing proceeding to determine whether the

31  defendant should be sentenced to death or life imprisonment as

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  authorized by s. 775.082. The proceeding shall be conducted by

 2  the trial judge before the trial jury as soon as practicable.

 3  If, through impossibility or inability, the trial jury is

 4  unable to reconvene for a hearing on the issue of penalty,

 5  having determined the guilt of the accused, the trial judge

 6  may summon a special juror or jurors as provided in chapter

 7  913 to determine the issue of the imposition of the penalty.

 8  If the trial jury has been waived, or if the defendant pleaded

 9  guilty, the sentencing proceeding shall be conducted before a

10  jury impaneled for that purpose, unless waived by the

11  defendant.  In the proceeding, evidence may be presented as to

12  any matter that the court deems relevant to the nature of the

13  crime and the character of the defendant and shall include

14  matters relating to any of the aggravating or mitigating

15  circumstances enumerated in subsections (5) and (6).  Any such

16  evidence which the court deems to have probative value may be

17  received, regardless of its admissibility under the

18  exclusionary rules of evidence, provided the defendant is

19  accorded a fair opportunity to rebut any hearsay statements.

20  However, this subsection shall not be construed to authorize

21  the introduction of any evidence secured in violation of the

22  Constitution of the United States or the Constitution of the

23  State of Florida.  The state and the defendant or the

24  defendant's counsel shall be permitted to present argument for

25  or against sentence of death.

26         (b)  If the court determines by clear and convincing

27  evidence, that the defendant suffers from mental retardation,

28  the court shall sentence the defendant to life imprisonment.

29  The defendant shall bear the burden of persuasion to

30  demonstrate that he or she is mentally retarded. The failure

31  of the defendant to raise the claim that he or she is mentally

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  retarded at the sentencing phase shall waive any such claim.

 2  This claim may not be raised in any postconviction motion or

 3  extraordinary proceeding, and no claim of ineffective

 4  assistance of counsel or any other postconviction claim may be

 5  based on the assertion that a defendant could have or should

 6  have been sentenced to life imprisonment based on the

 7  defendant's alleged mental retardation. This claim may only be

 8  raised in capital criminal prosecutions occurring after the

 9  effective date of this act and may not be raised in any

10  postconviction proceeding. This claim may not be raised in the

11  guilt phase of a capital criminal proceeding.

12         Section 32.  Subsection (2) of section 921.142, Florida

13  Statutes, is amended to read:

14         921.142  Sentence of death or life imprisonment for

15  capital drug trafficking felonies; further proceedings to

16  determine sentence.--

17         (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--

18         (a)  Upon conviction or adjudication of guilt of a

19  defendant of a capital felony under s. 893.135, the court

20  shall conduct a separate sentencing proceeding to determine

21  whether the defendant should be sentenced to death or life

22  imprisonment as authorized by s. 775.082.  The proceeding

23  shall be conducted by the trial judge before the trial jury as

24  soon as practicable.  If, through impossibility or inability,

25  the trial jury is unable to reconvene for a hearing on the

26  issue of penalty, having determined the guilt of the accused,

27  the trial judge may summon a special juror or jurors as

28  provided in chapter 913 to determine the issue of the

29  imposition of the penalty.  If the trial jury has been waived,

30  or if the defendant pleaded guilty, the sentencing proceeding

31  shall be conducted before a jury impaneled for that purpose,

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  unless waived by the defendant.  In the proceeding, evidence

 2  may be presented as to any matter that the court deems

 3  relevant to the nature of the crime and the character of the

 4  defendant and shall include matters relating to any of the

 5  aggravating or mitigating circumstances enumerated in

 6  subsections (6) and (7).  Any such evidence which the court

 7  deems to have probative value may be received, regardless of

 8  its admissibility under the exclusionary rules of evidence,

 9  provided the defendant is accorded a fair opportunity to rebut

10  any hearsay statements.  However, this subsection shall not be

11  construed to authorize the introduction of any evidence

12  secured in violation of the Constitution of the United States

13  or the Constitution of the State of Florida. The state and the

14  defendant or the defendant's counsel shall be permitted to

15  present argument for or against sentence of death.

16         (b)  If the court determines by clear and convincing

17  evidence, that the defendant suffers from mental retardation,

18  the court shall sentence the defendant to life imprisonment.

19  The defendant shall bear the burden of persuasion to

20  demonstrate that he or she is mentally retarded. The failure

21  of the defendant to raise the claim that he or she is mentally

22  retarded at the sentencing phase shall waive any such claim.

23  No postconviction claim may be based on the assertion that a

24  defendant could have or should have been sentenced to life

25  imprisonment based on the defendant's alleged mental

26  retardation. This claim may only be raised in capital criminal

27  prosecutions occurring after the effective date of this act

28  and may not be raised in any postconviction proceeding. This

29  claim may not be raised in the guilt phase of a capital

30  criminal proceeding.

31         Section 33.  Paragraph (m) is added to subsection (1)

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  of section 924.07, Florida Statutes, to read:

 2         924.07  Appeal by state.--

 3         (1)  The state may appeal from:

 4         (m)  An order pursuant to s. 921.141(1)(a) or s.

 5  921.142(2)(a) declaring a defendant mentally retarded.

 6         Section 34.  For purposes of sections 921.141 and

 7  921.142, Florida Statutes, the term "mental retardation" means

 8  significantly subaverage general intellectual functioning

 9  existing concurrently with deficits in adaptive behavior and

10  manifested during the period from conception to age 18. The

11  term "adaptive behavior," for the purpose of this definition,

12  means the effectiveness or degree with which an individual

13  meets the standards of personal independence and social

14  responsibility expected of the individual's age, cultural

15  group, and community.

16         Section 35.  The Correctional Privatization Commission,

17  using the $100,000 from the General Revenue Fund provided in

18  Specific Appropriation 589 of the Conference Report on House

19  Bill 4201 to the Correctional Privatization Commission for the

20  purpose of developing two invitations to bid, shall develop

21  the two invitations to bid as defined in chapter 287, Florida

22  Statutes, pursuant to the following provisions:

23         (1)  The first invitation to bid shall be for the

24  designing, acquiring, constructing, and operating of one

25  1,497-bed adult prison designed to house offenders at all

26  security levels. In no case may a contract be awarded pursuant

27  to the first invitation to bid for a project in which the

28  fixed capital outlay costs will exceed $27,600,000.

29  Notwithstanding any provision of chapter 216, Florida

30  Statutes, to the contrary and with express reference to

31  section 216.351, Florida Statutes, the Executive Office of the

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  Governor shall transfer $1,166,219 from the General Revenue

 2  Fund and $4,833,781 from the Grants and Donations Trust Fund

 3  from Specific Appropriation 598 to Specific Appropriation 589

 4  for the first-year fixed capital outlay costs of the project.

 5         (2)  The second invitation to bid must be designed for

 6  the designing, acquiring, constructing, and operating of a

 7  350-bed youthful offender facility. In no case may a contract

 8  be awarded pursuant to the second invitation to bid for a

 9  project in which the fixed capital outlay costs would exceed

10  $8,950,000. Funding for the fixed capital outlay costs of any

11  contract awarded pursuant to the second invitation to bid

12  shall be subject to legislative appropriation during the 1999

13  Regular Session.

14

15  The Correctional Privatization Commission may award contracts

16  pursuant to the two invitations to bid to the lowest

17  cost-responsive bidders. The authority to issue two

18  invitations to bid and contracts contained in this section

19  shall be in lieu of the authority to issue two invitations to

20  bid and contracts provided in the proviso language following

21  Specific Appropriation 589 of the Conference Report on House

22  Bill 4201. Further, to the extent that the proviso language

23  following Specific Appropriation 589 of the Conference Report

24  on House Bill 4201 is duplicative of the provisions of this

25  section or in conflict thereof, those specific provisions of

26  the proviso language are hereby repealed.

27         Section 36.  Effective October 1, 1998, section

28  944.485, Florida Statutes, is amended to read:

29         944.485  Subsistence fees with respect to certain

30  prisoners; time of adoption; requirements. Financial

31  responsibility for costs of incarceration, including medical

                                  44

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  or dental expenses.--The Legislature recognizes In recognition

 2  of the fact that many prisoners in the correctional system

 3  have sources of income and assets outside of the correctional

 4  system, which may include bank accounts, inheritances, real

 5  estate, social security payments, veteran's payments, health

 6  insurance policies, and other types of financial resources. ,

 7  The Legislature further recognizes  and in recognition of the

 8  fact that the daily subsistence cost of incarcerating

 9  prisoners in the correctional system is a great burden on the

10  taxpayers of the state. , each prisoner in the state

11  correctional system, except those who have entered into an

12  agreement under s. 947.135 prior to October 1, 1978:

13         (a)  Shall disclose all revenue or assets as a

14  condition of parole or other release eligibility.

15         (b)  Shall pay from such income and assets, except

16  where such income is exempt by state or federal law, all or a

17  fair portion of the prisoner's daily subsistence costs, based

18  upon the inmate's ability to pay, the liability or potential

19  liability of the inmate to the victim or the guardian or the

20  estate of the victim, and the needs of his or her dependents.

21         (2)

22         (a)  Any prisoner who is directed to pay all or a fair

23  portion of daily subsistence costs is entitled to reasonable

24  advance notice of the assessment and shall be afforded an

25  opportunity to present reasons for opposition to the

26  assessment.

27         (b)  An order directing payment of all or a fair

28  portion of a prisoner's daily subsistence costs may survive

29  against the estate of the prisoner.

30         (1)  A state correctional facility, or the Department

31  of Corrections acting in its behalf, which incurs costs of

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  incarceration for a prisoner which have not been reimbursed as

 2  otherwise provided for by law, including costs of providing

 3  medical or dental care, treatment, hospitalization, or

 4  transportation, may seek reimbursement for the costs of

 5  incarceration, including such expenses incurred, in the

 6  following order:

 7         (a)  From an insurance company, health care

 8  corporation, or other source if the prisoner is covered by an

 9  insurance policy or subscribes to a health care corporation.

10         (b)  From the prisoner's cash account on deposit with

11  the state correctional facility. If the prisoner's cash

12  account does not contain sufficient funds to cover the costs

13  of incarceration, including cost of providing medical or

14  dental care, treatment, hospitalization, or transportation,

15  the state correctional facility or the department may place a

16  lien against the amounts in the prisoner's cash account in

17  excess of $50, or other personal property, to provide payment

18  in the event sufficient funds become available at a later

19  time. Any time the prisoner's cash account exceeds $50 with

20  subsequent deposits, the amount in excess may be withheld

21  until the total amount is paid. Any existing lien may be

22  carried over to future incarceration of the same prisoner,

23  except as otherwise provided by law.

24         (c)  From other sources available, except where income

25  from such sources is exempt under federal or state laws.

26         (2)  A prisoner shall cooperate with the state

27  correctional facility and the department in seeking

28  reimbursement under paragraphs(1)(a),(b) and (c) for expenses

29  incurred by the state correctional facility for the prisoner.

30  A prisoner who willfully refuses to cooperate with the

31  reimbursement efforts of the state correctional facility may

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  have a lien placed against the prisoner's cash account or

 2  other personal property and may not receive incentive

 3  gain-time as authorized pursuant to s. 944.275 (4).  

 4         (3) Any claim by a state correctional facility or the

 5  Department of Corrections made under this section shall be

 6  subordinate to any judgment for restitution or any judgment

 7  for child support against the prisoner.

 8         (4) For the purposes of this section, the Department of

 9  Corrections shall be responsible for seeking reimbursement

10  under provisions of this section for prisoners housed in

11  private correctional facilities under contract with the

12  Correctional Privatization Commission pursuant to Chapter 957.

13         Section 37.  (1)  For fiscal year 1998-99 and within

14  existing resources, there is hereby created a task force

15  within the Department of Corrections to investigate and

16  analyze various strategies for the state to seek reimbursement

17  for inmate health care costs incurred during incarceration.

18  The purpose of the task force is to meet and consult with the

19  Department of Insurance, the Correctional Medical Authority

20  and the Agency for Health Care Administration to identify the

21  extent to which inmates incarcerated in the state prison

22  system have available assets or who have health care coverage

23  from commercial insurance policies.  The task force shall

24  submit its collaborative findings and recommendations to the

25  President of the Senate and the Speaker of the House of

26  Representatives by January 1, 1999.

27         (2)  This section shall take effect October 1, 1998.

28         Section 38.  Subsection (2) of section 947.1405,

29  Florida Statutes, is amended to read:

30         947.1405  Conditional release program.--

31         (1)  This section and s. 947.141 may be cited as the

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  "Conditional Release Program Act."

 2         (2)  Any inmate who:

 3         (a)  Is convicted of a crime committed on or after

 4  October 1, 1988, and before January 1, 1994, and any inmate

 5  who is convicted of a crime committed on or after January 1,

 6  1994, which crime is or was contained in category 1, category

 7  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

 8  Florida Rules of Criminal Procedure (1993), and who has served

 9  at least one prior felony commitment at a state or federal

10  correctional institution;

11         (b)  Is sentenced as a habitual or violent habitual

12  offender or a violent career criminal pursuant to s. 775.084;

13  or

14         (c)  Is found to be a sexual predator under s. 775.21

15  or former s. 775.23,

16

17  shall, upon reaching the tentative release date or provisional

18  release date, whichever is earlier, as established by the

19  Department of Corrections, be released under supervision

20  subject to specified terms and conditions, including payment

21  of the cost of supervision pursuant to s. 948.09. Such

22  supervision shall be applicable to all sentences within the

23  overall term of sentences if an inmate's overall term of

24  sentences includes one or more sentences that are eligible for

25  conditional release supervision as provided herein. Effective

26  July 1, 1994, and applicable for offenses committed on or

27  after that date, the commission may require, as a condition of

28  conditional release, that the releasee make payment of the

29  debt due and owing to a county or municipal detention facility

30  under s. 951.032 for medical care, treatment, hospitalization,

31  or transportation received by the releasee while in that

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  detention facility. The commission, in determining whether to

 2  order such repayment and the amount of such repayment, shall

 3  consider the amount of the debt, whether there was any fault

 4  of the institution for the medical expenses incurred, the

 5  financial resources of the releasee, the present and potential

 6  future financial needs and earning ability of the releasee,

 7  and dependents, and other appropriate factors.  If an inmate

 8  has received a term of probation or community control

 9  supervision to be served after release from incarceration, the

10  period of probation or community control must be substituted

11  for the conditional release supervision. A panel of no fewer

12  than two commissioners shall establish the terms and

13  conditions of any such release. If the offense was a

14  controlled substance violation, the conditions shall include a

15  requirement that the offender submit to random substance abuse

16  testing intermittently throughout the term of conditional

17  release supervision, upon the direction of the correctional

18  probation officer as defined in s. 943.10(3). Regardless of

19  the offense, the offender must consent to a search of his or

20  her person, property, or residence as requested by the

21  correctional probation officer. The commission shall also

22  determine whether the terms and conditions of such release

23  have been violated and whether such violation warrants

24  revocation of the conditional release.

25         Section 39.  For the purpose of incorporating the

26  amendment to s. 947.1405, Florida Statutes, in a reference

27  thereto, paragraph (i) of subsection (4) of section 775.084,

28  Florida Statutes, is reenacted to read:

29         775.084  Violent career criminals; habitual felony

30  offenders and habitual violent felony offenders; definitions;

31  procedure; enhanced penalties.--

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (4)

 2         (i)  The provisions of s. 947.1405 shall apply to

 3  persons sentenced as habitual felony offenders and persons

 4  sentenced as habitual violent felony offenders.

 5         Section 40.  Section 947.18, Florida Statutes, is

 6  amended to read:

 7         947.18  Conditions of parole.--No person shall be

 8  placed on parole merely as a reward for good conduct or

 9  efficient performance of duties assigned in prison. No person

10  shall be placed on parole until and unless the commission

11  finds that there is reasonable probability that, if the person

12  is placed on parole, he or she will live and conduct himself

13  or herself as a respectable and law-abiding person and that

14  the person's release will be compatible with his or her own

15  welfare and the welfare of society. No person shall be placed

16  on parole unless and until the commission is satisfied that he

17  or she will be suitably employed in self-sustaining employment

18  or that he or she will not become a public charge. The

19  commission shall determine the terms upon which such person

20  shall be granted parole.  If the person's conviction was for a

21  controlled substance violation, one of the conditions must be

22  that the person submit to random substance abuse testing

23  intermittently throughout the term of supervision, upon the

24  direction of the correctional probation officer as defined in

25  s. 943.10(3). Regardless of the offense, the offender must

26  consent to a search of his or her person, property, or

27  residence as requested by the correctional probation officer.

28  In addition to any other lawful condition of parole, the

29  commission may make the payment of the debt due and owing to

30  the state under s. 960.17 or the payment of the attorney's

31  fees and costs due and owing to a county under s. 938.29 a

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  condition of parole subject to modification based on change of

 2  circumstances.

 3         Section 41.  Subsections (1) and (2) of section 947.22,

 4  Florida Statutes, are amended to read:

 5         947.22  Authority to arrest and search parole violators

 6  with or without warrant.--

 7         (1)  If a member of the commission or a duly authorized

 8  representative of the commission has reasonable grounds to

 9  believe that a parolee has violated the terms and conditions

10  of her or his parole in a material respect, such member or

11  representative may issue a warrant for the arrest of such

12  parolee.  The warrant shall be returnable before a member of

13  the commission or a duly authorized representative of the

14  commission.  The commission, a commissioner, or a parole

15  examiner with approval of the parole examiner supervisor, may

16  release the parolee on bail or her or his own recognizance,

17  conditioned upon her or his appearance at any hearings noticed

18  by the commission.  If not released on bail or her or his own

19  recognizance, the parolee shall be committed to jail pending

20  hearings pursuant to s. 947.23. The commission, at its

21  election, may have the hearing conducted by one or more

22  commissioners or by a duly authorized representative of the

23  commission.  Any correctional probation officer parole and

24  probation officer, any officer authorized to serve criminal

25  process, or any peace officer of this state is authorized to

26  execute the warrant.

27         (2)  Any correctional probation officer parole and

28  probation officer, when she or he has reasonable ground to

29  believe that a parolee, control releasee, or conditional

30  releasee has violated the terms and conditions of her or his

31  parole, control release, or conditional release in a material

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  respect, has the right to arrest the releasee or parolee

 2  without warrant and bring her or him forthwith before one or

 3  more commissioners or a duly authorized representative of the

 4  Parole Commission or Control Release Authority; and

 5  proceedings shall thereupon be had as provided herein when a

 6  warrant has been issued by a member of the commission or

 7  authority or a duly authorized representative of the

 8  commission or authority. When any correctional probation

 9  officer has reasonable grounds to believe that a parolee,

10  control releasee, or conditional releasee has violated the

11  terms and conditions of her or his parole, control release, or

12  conditional release in a material respect or is in possession

13  of contraband or other items that the person is prohibited

14  from possessing, the correctional probation officer may search

15  the person, property, or residence of the parolee or releasee

16  or request a law enforcement officer to do the same. However,

17  if a correctional probation officer conducts a search without

18  reasonable grounds, the evidence seized may only be admitted

19  at a hearing for a violation of supervision.

20         Section 42.  Subsection (1) of section 948.03, Florida

21  Statutes, is amended to read:

22         948.03  Terms and conditions of probation or community

23  control.--

24         (1)  The court shall determine the terms and conditions

25  of probation or community control.  Conditions specified in

26  paragraphs (a) through and including (o) (m) do not require

27  oral pronouncement at the time of sentencing and may be

28  considered standard conditions of probation. Conditions

29  specified in paragraphs (a) through and including (o) (m) and

30  (2)(a) do not require oral pronouncement at sentencing and may

31  be considered standard conditions of community control.  These

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  conditions may include among them the following, that the

 2  probationer or offender in community control shall:

 3         (a)  Report to the probation and parole supervisors as

 4  directed.

 5         (b)  Permit such supervisors to visit him or her at his

 6  or her home or elsewhere.

 7         (c)  Work faithfully at suitable employment insofar as

 8  may be possible.

 9         (d)  Remain within a specified place.

10         (e)  Make reparation or restitution to the aggrieved

11  party for the damage or loss caused by his or her offense in

12  an amount to be determined by the court.  The court shall make

13  such reparation or restitution a condition of probation,

14  unless it determines that clear and compelling reasons exist

15  to the contrary. If the court does not order restitution, or

16  orders restitution of only a portion of the damages, as

17  provided in s. 775.089, it shall state on the record in detail

18  the reasons therefor.

19         (f)  Effective July 1, 1994, and applicable for

20  offenses committed on or after that date, make payment of the

21  debt due and owing to a county or municipal detention facility

22  under s. 951.032 for medical care, treatment, hospitalization,

23  or transportation received by the felony probationer while in

24  that detention facility. The court, in determining whether to

25  order such repayment and the amount of such repayment, shall

26  consider the amount of the debt, whether there was any fault

27  of the institution for the medical expenses incurred, the

28  financial resources of the felony probationer, the present and

29  potential future financial needs and earning ability of the

30  probationer, and dependents, and other appropriate factors.

31         (g)  Support his or her legal dependents to the best of

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    hbd-27                                     Bill No. CS/HB 3527

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 1  his or her ability.

 2         (h)  Make payment of the debt due and owing to the

 3  state under s. 960.17, subject to modification based on change

 4  of circumstances.

 5         (i)  Pay any application fee assessed under s.

 6  27.52(1)(c) and attorney's fees and costs assessed under s.

 7  938.29, subject to modification based on change of

 8  circumstances.

 9         (j)  Not associate with persons engaged in criminal

10  activities.

11         (k)1.  Submit to random testing as directed by the

12  correctional probation officer or the professional staff of

13  the treatment center where he or she is receiving treatment to

14  determine the presence or use of alcohol or controlled

15  substances.

16         2.  If the offense was a controlled substance violation

17  and the period of probation immediately follows a period of

18  incarceration in the state correction system, the conditions

19  shall include a requirement that the offender submit to random

20  substance abuse testing intermittently throughout the term of

21  supervision, upon the direction of the correctional probation

22  officer as defined in s. 943.10(3).

23         (l)  Be prohibited from possessing, carrying, or owning

24  any firearm unless authorized by the court and consented to by

25  the probation officer.

26         (m)  Be prohibited from using intoxicants to excess or

27  possessing any drugs or narcotics unless prescribed by a

28  physician. The probationer or community controllee shall not

29  knowingly visit places where intoxicants, drugs, or other

30  dangerous substances are unlawfully sold, dispensed, or used.

31         (n)  For offenses involving victims, not have contact

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  with the victim unless otherwise authorized by the court.  If

 2  the court authorizes the defendant to have contact with the

 3  victim, over the objection of the victim or state attorney,

 4  the court shall state on the record in detail the reasons

 5  therefor. For purposes of this paragraph, "contact" means

 6  willful and knowing intent to be physically in the presence of

 7  the victim in any manner, or oral or written communication to

 8  the victim by any means. Contact is established by the conduct

 9  of the defendant, or by anyone acting at the direction of the

10  defendant. It shall be the duty of the defendant to leave

11  immediately the presence of the victim under any circumstance

12  when incidental or unintended contact takes place.

13         (o)  Consent to search of his or her person, property,

14  or residence as requested by the supervising probation or

15  community control officer.  The offender must be given actual

16  notice that he or she must consent to a search and that

17  evidence seized may be used against the offender in a trial of

18  a new substantive offense.  Such notice must be given orally

19  and in writing by a correctional probation officer and signed

20  by the offender in order for the offender to be subject to

21  this paragraph.

22         (p)(n)  Attend an HIV/AIDS awareness program consisting

23  of a class of not less than 2 hours or more than 4 hours in

24  length, the cost for which shall be paid by the offender, if

25  such a program is available in the county of the offender's

26  residence.

27         (q)(o)  Pay not more than $1 per month during the term

28  of probation or community control to a nonprofit organization

29  established for the sole purpose of supplementing the

30  rehabilitative efforts of the Department of Corrections.

31         Section 43.  For the purpose of incorporating the

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  amendment to section 948.03, Florida Statutes, in references

 2  thereto, the following sections or subdivisions of Florida

 3  Statutes are reenacted to read:

 4         947.23  Action of commission upon arrest of parolee.--

 5         (6)  Within a reasonable time after the hearing, the

 6  commissioner, commissioners, or duly authorized representative

 7  of the commission who conducted the hearing shall make

 8  findings of fact in regard to the alleged parole violation.

 9         (a)  If the hearing was conducted by three or more

10  commissioners, a majority of them shall enter an order

11  determining whether the charges of parole violation have been

12  sustained, based on the findings of fact made by them.  By

13  such order they shall revoke the parole and return the parolee

14  to prison to serve the sentence theretofore imposed upon her

15  or him, reinstate the original order of parole, order the

16  placement of the parolee into a community control program as

17  set forth in s. 948.03, or enter such other order as is

18  proper.

19         (b)  If the hearing was conducted by one or two

20  commissioners or a duly authorized representative of the

21  commission, at least two commissioners shall enter an order

22  determining whether or not the charges of parole violation

23  have been sustained, based on the findings of fact made by the

24  commissioner, commissioners, or duly authorized representative

25  of the commission.  The commissioners, by such order, shall

26  revoke the parole and return the parolee to prison to serve

27  the sentence theretofore imposed upon her or him, reinstate

28  the original order of parole, order the placement of the

29  parolee into a community control program as set forth in s.

30  948.03, or enter such other order as is proper.

31         (c)  If the disposition after the revocation hearing is

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  to place the parolee into a community control program, the

 2  commission shall be guided by the procedures and requirements

 3  provided in chapter 948 which apply to the courts regarding

 4  the development and implementation of community control.

 5

 6  However, any decision to revoke parole shall be based on a

 7  violation of a term or condition specifically enumerated in

 8  the parole release order.  In a case in which parole is

 9  revoked, the majority of the commission or the two

10  commissioners shall make a written statement of the evidence

11  relied on and the reasons for revoking parole.

12         948.001  Definitions.--As used in this chapter, the

13  term:

14         (5)  "Probation" means a form of community supervision

15  requiring specified contacts with parole and probation

16  officers and other terms and conditions as provided in s.

17  948.03.

18         958.03  Definitions.--As used in this act:

19         (4)  "Probation" means a form of community supervision

20  requiring specified contacts with parole and probation

21  officers and other terms and conditions as provided in s.

22  948.03.

23         Section 44.  Subsection (1) of section 948.06, Florida

24  Statutes, is amended, and subsections (8), (9), (10), (11) and

25  (12) are added to said section, to read:

26         948.06  Violation of probation or community control;

27  revocation; modification; continuance; failure to pay

28  restitution or cost of supervision.--

29         (1)  Whenever within the period of probation or

30  community control there are reasonable grounds to believe that

31  a violation of probation or community control occurred, or

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  there are reasonable grounds to believe that the person under

 2  supervision is in possession of contraband or other items that

 3  the person is prohibited from possessing, the person on

 4  probation or community control may be arrested without a

 5  warrant or have his or her person, property, or residence

 6  searched without a warrant by any of the following people:

 7         (a)  A probation officer who is aware that the person

 8  is on probation;

 9         (b)  A community control officer who is aware that the

10  person is on community control; or

11         (c)  A law enforcement officer who is requested by a

12  probation or community control officer who has knowledge that

13  the person is on probation or community control.

14

15  However, if a supervising officer conducts a search without

16  reasonable grounds, the evidence seized may only be admitted

17  at a hearing for violation of supervision. Whenever within the

18  period of probation or community control there are reasonable

19  grounds to believe that a probationer or offender in community

20  control has violated his or her probation or community control

21  in a material respect, any law enforcement officer who is

22  aware of the probationary or community control status of the

23  probationer or offender in community control or any parole or

24  probation supervisor may arrest or request any county or

25  municipal law enforcement officer to arrest such probationer

26  or offender without warrant wherever found and forthwith

27  return him or her to the court granting such probation or

28  community control. Any committing magistrate may issue a

29  warrant, upon the facts being made known to him or her by

30  affidavit of one having knowledge of such facts, for the

31  arrest of the probationer or offender, returnable forthwith

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    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  before the court granting such probation or community control.

 2  Any parole or probation supervisor, any officer authorized to

 3  serve criminal process, or any peace officer of this state is

 4  authorized to serve and execute such warrant. The court, upon

 5  the probationer or offender being brought before it, shall

 6  advise him or her of such charge of violation and, if such

 7  charge is admitted to be true, may forthwith revoke, modify,

 8  or continue the probation or community control or place the

 9  probationer into a community control program. If probation or

10  community control is revoked, the court shall adjudge the

11  probationer or offender guilty of the offense charged and

12  proven or admitted, unless he or she has previously been

13  adjudged guilty, and impose any sentence which it might have

14  originally imposed before placing the probationer on probation

15  or the offender into community control. If such violation of

16  probation or community control is not admitted by the

17  probationer or offender, the court may commit him or her or

18  release him or her with or without bail to await further

19  hearing, or it may dismiss the charge of probation or

20  community control violation. If such charge is not at that

21  time admitted by the probationer or offender and if it is not

22  dismissed, the court, as soon as may be practicable, shall

23  give the probationer or offender an opportunity to be fully

24  heard on his or her behalf in person or by counsel. After such

25  hearing, the court may revoke, modify, or continue the

26  probation or community control or place the probationer into

27  community control. If such probation or community control is

28  revoked, the court shall adjudge the probationer or offender

29  guilty of the offense charged and proven or admitted, unless

30  he or she has previously been adjudged guilty, and impose any

31  sentence which it might have originally imposed before placing

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  the probationer or offender on probation or into community

 2  control.

 3         (6)  Any parolee in a community control program who has

 4  allegedly violated the terms and conditions of such placement

 5  is subject to the provisions of ss. 947.22 and 947.23.

 6         (8)  When evidence seized during a search of the

 7  person, property, or residence of an offender on probation or

 8  community control conducted by or authorized by a correctional

 9  probation officer is to be used in the prosecution of a new

10  law violation, the following criteria must be met:

11         (a)  There are reasonable grounds to believe the

12  offender violated a condition of community control or

13  probation, or committed a new violation of law, and at least

14  one of the following applies:

15         1.  The approval of the supervisor of the probation or

16  community control officer is obtained;

17         2.  There are exigent circumstances, such as, but not

18  limited to, suspicion the offender will destroy contraband or

19  use a weapon, which require that the search be conducted

20  without approval; or

21         3.  The search was conducted with the assistance of a

22  certified law enforcement officer.

23         4.  This subsection is not intended to expand the

24  definition of the term "constructive possession" as provided

25  by law.

26         (b)  A written report of a search of a residence

27  conducted by a correctional probation officer pursuant to

28  subsection (8) shall be prepared by the correctional probation

29  officer who conducted the search.  The report shall provide:

30         1.  The identity of the offender living at the

31  residence searched;

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    hbd-27                                     Bill No. CS/HB 3527

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 1         2.  The identity of the probation or community control

 2  officer who conducted or requested the search;

 3         3.  The date, time, and place of the search;

 4         4.  The reason for the search;

 5         5.  Any items seized pursuant to the search; and

 6         6.  Whether any damage was done to the residence or

 7  property during the search.

 8         (c)  For the purposes of a search of the person's

 9  property, or residence of a person on probation or community

10  control, the term "reasonable grounds" means that the

11  reasonable suspicion standard applies.  In determining whether

12  reasonable grounds exist, the correctional probation officer

13  shall consider any of the following factors, including but not

14  limited to:

15         1.  The observations of alleged suspicious behavior by

16  correctional probation officers or law enforcement officers.

17         2.  Information provided by informants.

18         3.  The reliability of the information provided by an

19  informant.  In evaluating the reliability of the information,

20  the correctional probation officers shall give attention to

21  the detail, consistency and corroboration of the information

22  provided by the informant.

23         4.  The reliability of the informant.  In evaluating

24  the informant's reliability, attention shall be given to

25  whether the informant has supplied reliable information in the

26  past and whether the informant has reason to supply inaccurate

27  information.

28         5.  The activity of the offender that relates to

29  whether the offender might possess contraband or might have

30  used or be under the influence of an intoxicating substance.

31         6.  Information provided by the offender that is

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  relevant to whether the offender has used, possesses or is

 2  under the influence of an intoxicating substance or possesses

 3  any other contraband.

 4         7.  The experience of a correctional probation officer

 5  with that offender.

 6         8.  Prior seizures of contraband from the offender.

 7         9.  The need to verify compliance with rules of

 8  supervision and state and federal law.

 9         (9)  Evidence may not be excluded or suppressed from

10  the trial of a new substantive offense if:

11         (a)  The defendant was on probation or community

12  control at the time of the offense; and

13         (b)  The search was conducted when there were

14  reasonable grounds to believe that the offender was in

15  violation of the law or in violation of the terms of probation

16  or community control.

17         (10)  Evidence may not be excluded or suppressed from a

18  hearing for a violation of probation or community control.

19         Section 45.  For the purpose of incorporating the

20  amendments to section 948.06, Florida Statutes, in references

21  thereto, the following sections or subdivisions of Florida

22  Statutes are reenacted to read:

23         948.01  When court may place defendant on probation or

24  into community control.--

25         (9)  Procedures governing violations of community

26  control shall be the same as those described in s. 948.06 with

27  respect to probation.

28         (11)  The court may also impose a split sentence

29  whereby the defendant is sentenced to a term of probation

30  which may be followed by a period of incarceration or, with

31  respect to a felony, into community control, as follows:

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         (b)  If the offender does not meet the terms and

 2  conditions of probation or community control, the court may

 3  revoke, modify, or continue the probation or community control

 4  as provided in s. 948.06. If the probation or community

 5  control is revoked, the court may impose any sentence that it

 6  could have imposed at the time the offender was placed on

 7  probation or community control. The court may not provide

 8  credit for time served for any portion of a probation or

 9  community control term toward a subsequent term of probation

10  or community control. However, the court may not impose a

11  subsequent term of probation or community control which, when

12  combined with any amount of time served on preceding terms of

13  probation or community control for offenses pending before the

14  court for sentencing, would exceed the maximum penalty

15  allowable as provided in s. 775.082. Such term of

16  incarceration shall be served under applicable law or county

17  ordinance governing service of sentences in state or county

18  jurisdiction. This paragraph does not prohibit any other

19  sanction provided by law.

20         (13)  If it appears to the court upon a hearing that

21  the defendant is a chronic substance abuser whose criminal

22  conduct is a violation of chapter 893, the court may either

23  adjudge the defendant guilty or stay and withhold the

24  adjudication of guilt; and, in either case, it may stay and

25  withhold the imposition of sentence and place the defendant on

26  drug offender probation.

27         (b)  Offenders placed on drug offender probation are

28  subject to revocation of probation as provided in s. 948.06.

29         958.14  Violation of probation or community control

30  program.--A violation or alleged violation of probation or the

31  terms of a community control program shall subject the

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1  youthful offender to the provisions of s. 948.06(1).  However,

 2  no youthful offender shall be committed to the custody of the

 3  department for a substantive violation for a period longer

 4  than the maximum sentence for the offense for which he or she

 5  was found guilty, with credit for time served while

 6  incarcerated, or for a technical or nonsubstantive violation

 7  for a period longer than 6 years or for a period longer than

 8  the maximum sentence for the offense for which he or she was

 9  found guilty, whichever is less, with credit for time served

10  while incarcerated.

11         Section 46.  If any provision of this act or the

12  application thereof to any person or circumstance is held

13  invalid, the invalidity shall not affect other provisions or

14  applications of the act which can be given effect without the

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

17         Section 47.  Except as otherwise provided herein, this

18  act shall take effect upon becoming a law.

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23  remove from the title of the amendment:  the entire title

24

25  and insert in lieu thereof:

26                      A bill to be entitled

27         An act relating to criminal justice; amending

28         s. 951.23, F.S.; providing a criminal penalty

29         for refusing to obey jail rules and

30         regulations; requiring that a printed copy of

31         rules be provided to prisoners; providing a

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         definition; terminating specified trust funds

 2         and fund accounts within the state courts

 3         system and the Department of Corrections;

 4         providing for the transfer of current balances

 5         to general revenue, the paying of outstanding

 6         debts and obligations, and the removal of the

 7         terminated funds and accounts from the various

 8         state accounting systems; modifying provisions

 9         relating to specified trust funds and fund

10         accounts within the state courts system and the

11         Department of Corrections; amending s. 216.272,

12         F.S., relating to Working Capital Trust Funds

13         used to fund data processing centers; removing

14         reference to the judicial branch; amending s.

15         945.215, F.S.; providing sources of funds and

16         purposes of the Inmate Welfare Trust Fund, the

17         Privately Owned Institutions Inmate Welfare

18         Trust Fund, and the Employee Benefit Trust Fund

19         within the department; providing for annual

20         appropriation of funds deposited in the Inmate

21         Welfare Trust Fund; requiring certain annual

22         reports; amending s. 944.803, F.S., relating to

23         faith-based programs for inmates; revising a

24         reference, to conform; amending s. 945.31,

25         F.S.; providing for deposit of the department's

26         administrative processing fee in the

27         department's Operating Trust Fund; amending s.

28         945.76, F.S.; revising provisions relating to

29         fees for certification and monitoring of

30         batterers' intervention programs; providing for

31         deposit of such fees in the department's

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         Operating Trust Fund; amending s. 944.10, F.S.;

 2         providing for deposit of contractual service

 3         and inmate labor fees in the Correctional Work

 4         Program Trust Fund; amending s. 948.09, F.S.;

 5         providing for deposit of the electronic

 6         monitoring surcharge in the department's

 7         Operating Trust Fund; amending s. 951.23, F.S.;

 8         providing for deposit of fees collected

 9         pursuant to local detention facility inspection

10         agreements in the department's Operating Trust

11         Fund; creating s. 386.213, F.S.; providing

12         legislative intent; requiring the Department of

13         Corrections and private vendors operating state

14         correctional facilities to make

15         smoking-cessation assistance available to

16         inmates; requiring full implementation of the

17         act by a specified date; providing definitions;

18         prohibiting an inmate within a state

19         correctional facility from using tobacco

20         products in prohibited areas; prohibiting

21         employees or visitors from using tobacco

22         products in prohibited areas; providing

23         penalties; authorizing the department to adopt

24         rules; amending s. 386.203(1), F.S.; adding

25         state correctional facilities to the definition

26         of public place; amending s. 945.10, F.S.,

27         relating to confidential information and other

28         information available to inmates and offenders

29         in the correctional system or under

30         supervision; defining terms; prohibiting

31         certain disclosure or use of certain "personal

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         information about another person," as defined,

 2         by an inmate or offender with intent to obtain

 3         a benefit from, harass, harm, or defraud such

 4         person; providing penalties; providing that an

 5         inmate or offender convicted of such offense is

 6         prohibited from subsequent participation in

 7         correctional work programs or other programs;

 8         providing that an inmate or offender convicted

 9         of such offense is subject to forfeiture of

10         gain-time; providing for adoption of rules by

11         the department; amending s. 99.012, F.S.;

12         requiring a subordinate officer, deputy

13         sheriff, or police officer seeking to qualify

14         for a public office to resign or take a leave

15         of absence, depending on certain circumstances

16         relating to the office sought; providing that

17         certain proviso language contained in the

18         Conference Report On House Bill 4201 may not be

19         modified through substantive legislation passed

20         during the 1998 regular session of the

21         Legislature unless certain conditions are met;

22         providing that certain proviso language

23         contained in the Conference Report On House

24         Bill 4201 is reenacted if repealed or amended

25         by substantive legislation passed during the

26         1998 regular session of the Legislature;

27         providing for repeal of section on June 30,

28         1999; amending s. 957.03, F.S.; specifying

29         circumstances under which an act of the

30         commission is binding; eliminating the

31         requirement for the commission to include

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         certain recidivism data in the annual report to

 2         the Legislature; permitting the commission to

 3         authorize contractors to use inmate labor in

 4         facility construction and in public work

 5         programs, under specified circumstances;

 6         requiring the department to assign available

 7         inmate work crews at the request of the

 8         commission and the contractor, under specified

 9         circumstances; providing for approval of

10         security procedures; requiring the reporting of

11         outcome performance measures; creating s.

12         957.031, F.S.; prohibiting specified conduct by

13         a commission member, employee, or consultant

14         who reviews, monitors, or approves private

15         correctional facility contracts, or otherwise

16         advises the commission with respect to private

17         correctional facilities; providing for

18         construction; amending s. 957.06, F.S.;

19         removing provisions relating to the cooperative

20         transfer agreement; providing that certain

21         contracts do not authorize development and

22         implementation of work programs; providing

23         exceptions; creating s. 957.061, F.S.;

24         providing for cooperative transfer agreements;

25         amending s. 957.08, F.S.; restricting the types

26         of inmates to be assigned and transferred to

27         private correctional facilities; amending s.

28         957.125, F.S.; providing for applicability of

29         certain program requirements to contracted

30         youthful offender facilities; directing the

31         Florida Corrections Commission to conduct an

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         in-depth analysis on technology and private

 2         services contracts, develop certain proposals,

 3         and report its findings to the Legislature;

 4         requiring the commission to contract with an

 5         academic researcher for fiscal year 1998-1999

 6         to produce a comparative recidivism rate study;

 7         providing for development by consensus and

 8         approval of a methodology and sampling strategy

 9         by the researcher, the director of the Division

10         of Economic and Demographic Research of the

11         Joint Legislative Management Committee, or

12         successor entity, and a Department of

13         Corrections staff person; prescribing certain

14         uses of the methodology and sampling strategy;

15         providing for a report to the Legislature;

16         repealing s. 957.125(1), (3) and (4), F.S.,

17         relating to the original authorization to enter

18         into contracts and transfer arrangements for

19         youthful offender facilities; removing obsolete

20         provisions; repealing s. 944.711, F.S.,

21         relating to requests for proposals and

22         construction of certain departmental

23         facilities; repealing s. 957.04(8), F.S.,

24         relating to an expenditure to defray impact

25         costs; removing obsolete provisions; amending

26         s. 945.603, F.S.; authorizing the Correctional

27         Medical Authority to review and advise the

28         Correctional Privatization Commission on inmate

29         health care; revising powers and duties of the

30         authority; conforming terminology; amending s.

31         945.6031, F.S.; revising responsibilities of

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         the authority and guidelines for required

 2         reports and surveys; requiring the authority to

 3         conduct surveys of the physical and mental

 4         health care system at private correctional

 5         facilities; requiring certain reports; amending

 6         s. 945.6035, F.S.; requiring the authority and

 7         either the Assistant Secretary of Health

 8         Services of the department or the Executive

 9         Director of the Correctional Privatization

10         Commission to attempt to expeditiously resolve

11         any disputes between the authority and the

12         department or the commission regarding the

13         physical and mental health care of inmates in

14         private prisons; providing for appeal, review,

15         and resolution; requiring the decision of the

16         Administration Commission to be final and

17         binding; creating s. 957.041, F.S.; requiring

18         the department to notify the commission of the

19         profile of the inmates anticipated to be housed

20         in a private correctional facility; requiring

21         the commission to negotiate and enter into

22         contracts for private correctional services

23         based upon the inmate profile; amending ss.

24         921.141 and 921.142, F.S.; prescribing the

25         penalty to be imposed if the defendant is

26         determined to be mentally retarded; amending s.

27         924.07, F.S.; providing that the state may

28         appeal a determination that a defendant is

29         mentally retarded; providing a definition of

30         mental retardation; providing severability;

31         providing an appropriation; directing the

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         Correctional Privatization Commission to issue

 2         certain invitations to bid for designing,

 3         acquiring, constructing, and operating an adult

 4         prison or youthful offender facility of

 5         specified capacity; providing duties of the

 6         Correctional Privatization Commission,

 7         guidelines, and cost limitations with respect

 8         to the invitations to bid for the projects;

 9         providing for funding; requiring transfer of

10         certain appropriation moneys by the Executive

11         Office of the Governor for first year fixed

12         capital outlay costs of the project to which

13         the first invitation to bid is applicable;

14         providing that funding for such costs of a

15         contract awarded pursuant to the second

16         invitation to bid is subject to legislative

17         appropriation during the 1999 Regular Session;

18         providing guidelines for award of the contracts

19         by the Correctional Privatization Commission;

20         providing that the authority to issue the

21         invitations to bid shall be in lieu of the

22         authority and contracts provided in specified

23         proviso language following Specific

24         Appropriation 589 of the Conference Report on

25         House Bill 4201; providing for repeal of the

26         proviso language to the extent of conflict with

27         specified provisions of act; amending s.

28         945.485, F.S., relating to subsistence fees

29         with respect to prisoners; requiring a state

30         correctional facility, or the Department of

31         Corrections acting in its behalf, to seek

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         reimbursement for costs of incarceration for a

 2         prisoner, including certain medical and dental

 3         expenses, which have not been reimbursed as

 4         otherwise provided by law; specifying order of

 5         sources of reimbursement; providing for

 6         deduction of the costs from the prisoner's cash

 7         account, placement of a lien against the

 8         account or the prisoner's other personal

 9         property, or reimbursement from the proceeds of

10         the prisoner's insurance policy, health care

11         corporation proceeds, or other source;

12         providing that the lien may be carried over to

13         future incarceration under certain

14         circumstances; requiring the prisoner to

15         cooperate with such reimbursement efforts;

16         providing for sanctions in case of willful

17         refusal to cooperate, including placement of a

18         lien against the prisoner's cash account or

19         other personal property and ineligibility to

20         receive incentive gain-time; clarifying that

21         the department is responsible for reimbursement

22         efforts at the private correctional facilities;

23         creating a task force within the Department of

24         Corrections to investigate and analyze

25         strategies to seek reimbursement for inmate

26         health care costs incurred during

27         incarceration; amending s. 947.1405, F.S.,

28         relating to conditional release; providing that

29         a conditional releasee must submit to searches

30         of his or her person, property, or residence as

31         requested by a correctional probation officer;

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         reenacting s. 775.084(4)(i), F.S., relating to

 2         habitual felony offenders and habitual violent

 3         felony offenders, to incorporate said amendment

 4         in a reference; amending s. 947.18, F.S.,

 5         relating to conditions of parole; providing

 6         that a parolee must submit to searches of his

 7         or her person, property, or residence as

 8         requested by a correctional probation officer;

 9         amending s. 947.22, F.S.; providing for

10         issuance of arrest warrant for a parole

11         violator by a correctional probation officer,

12         under specified circumstances; authorizing a

13         correctional probation officer to arrest

14         without warrant a parolee, control releasee, or

15         conditional releasee, or to search or request

16         search by a law enforcement officer of the

17         parolee or releasee's person, property, or

18         residence, under specified circumstances if

19         there are reasonable grounds to believe a

20         violation has occurred or if there are

21         reasonable grounds to believe the parolee or

22         releasee possesses prohibited items; providing

23         that evidence is admissible at a hearing for

24         violation of supervision even if no reasonable

25         ground for seizure exists; amending s. 948.03,

26         F.S., relating to probation and community

27         control; requiring a probationer or community

28         controllee on supervision to submit to certain

29         searches of his or her person, property, or

30         residence; requiring notice to offender to be

31         provided; prohibiting a probationer or

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         community controllee from having "contact," as

 2         defined, with the victim unless authorized by

 3         the court; reenacting s. 947.23(6), F.S.,

 4         relating to action of Parole Commission upon

 5         arrest of parolee, s. 948.001(5), F.S.,

 6         relating to definition of "probation" with

 7         respect to chapter 948, F.S., and s. 958.03(4),

 8         F.S., relating to definition of "probation"

 9         with respect to specified provisions in chapter

10         958, F.S., to incorporate said amendment in

11         references; amending s. 948.06, F.S., relating

12         to violations of probation or community

13         control; authorizing law enforcement officers

14         and probation or community control officers to

15         search without a warrant the person, property,

16         or residence of any of specified offenders

17         under certain circumstances; limiting authority

18         for searches of residences; requiring report

19         when residence is searched; defining reasonable

20         grounds; prohibiting the exclusion or

21         suppression of evidence from trials for

22         subsequent offenses by offenders on probation

23         or community control under certain

24         circumstances when there were "reasonable

25         grounds," to believe that at the time of the

26         search the offender violated the law or the

27         terms of supervision; providing that evidence

28         is admissible at a hearing for violation of

29         supervision even if no reasonable ground for

30         seizure exists; prohibiting the exclusion or

31         suppression of evidence from hearings for

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                                                   HOUSE AMENDMENT

    hbd-27                                     Bill No. CS/HB 3527

    Amendment No.     (for drafter's use only)





 1         violation of supervision of offenders on

 2         probation or community control; reenacting s.

 3         948.01(9), (11)(b), and (13)(b), F.S., relating

 4         to circumstances when a court may place a

 5         defendant on probation or into community

 6         control, and s. 958.14, F.S., relating to

 7         violation of probation or community control

 8         program, to incorporate said amendment in

 9         references; providing severability; providing

10         effective dates.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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