CODING: Words stricken are deletions; words underlined are additions.
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Senator Bronson moved the following amendment:
SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (11) is added to section 951.23,
18 Florida Statutes, to read:
19 951.23 County and municipal detention facilities;
20 definitions; administration; standards and requirements.--
21 (11)(a) Any prisoner in a county or municipal
22 detention facility who knowingly and willfully refuses on
23 three or more occasions to obey or comply with any rule
24 governing the conduct of prisoners commits a misdemeanor of
25 the second degree, punishable as provided in s. 775.082 or s.
26 775.083. Such punishment must be in addition to any sentence
27 he or she may be serving. A prisoner may be charged with,
28 convicted of, and sentenced for a violation of this subsection
29 in addition to any other criminal offense committed while
30 detained in a county or municipal detention facility.
31 (b) Upon a prisoner's classification in a county or
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1 municipal detention facility, he or she must be provided with
2 a printed copy of the rules governing the conduct of
3 prisoners. Translation assistance must be provided, as needed.
4 (c) As used in this subsection, the term "rules
5 governing the conduct of prisoners" means any of the rules
6 relating to order and discipline provided in the Florida Model
7 Jail Standards, adopted pursuant to subsection (4) and
8 effective on October 1, 1997.
9 Section 2. (1) The following trust funds and fund
10 accounts are terminated on July 1, 1998:
11 (a) Within the state courts system:
12 1. Appellate Opinion Distribution Trust Fund, SAMAS
13 number 222215.
14 2. Working Capital Trust Fund, SAMAS number 222792.
15 (b) Within the Department of Corrections:
16 1. Hurricane Andrew Recovery and Rebuilding Trust
17 Fund, SAMAS number 702205.
18 2. Working Capital Trust Fund, SAMAS number 702792.
19 (2) All current balances remaining in, and all
20 revenues of, the trust funds and fund accounts terminated by
21 this act shall be transferred to the General Revenue Fund.
22 (3) For each trust fund or fund account terminated by
23 this act, the state courts system or Department of
24 Corrections, as applicable, shall pay any outstanding debts or
25 obligations of the terminated fund or account as soon as
26 practicable, and the Comptroller shall close out and remove
27 the terminated fund or account from the various state
28 accounting systems using generally accepted accounting
29 principles concerning warrants outstanding, assets, and
30 liabilities.
31 Section 3. Section 216.272, Florida Statutes, is
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Amendment No.
1 amended to read:
2 216.272 Working Capital Trust Funds.--
3 (1) There are hereby created Working Capital Trust
4 Funds for the purpose of providing sufficient funds for the
5 operation of data processing centers, which may include the
6 creation of a reserve account within the Working Capital Trust
7 Fund to pay for future information technology resource
8 acquisitions as appropriated by the Legislature. Such funds
9 shall be created from moneys budgeted for data processing
10 services and equipment by those agencies, and the judicial
11 branch, to be served by the data processing center.
12 (2) The funds so allocated shall be in an amount
13 sufficient to finance the center's operation; however, each
14 agency or judicial branch served by the center shall
15 contribute an amount equal to its proportionate share of cost
16 of operating such data processing center. Each agency, or the
17 judicial branch, utilizing the services of the data processing
18 center shall pay such moneys into the appropriate Working
19 Capital Trust Fund on a quarterly basis or such other basis as
20 may be determined by the Executive Office of the Governor or
21 the Chief Justice as appropriate.
22 Section 4. Section 945.215, Florida Statutes, is
23 amended to read:
24 945.215 Inmate welfare and employee benefit trust
25 funds.--
26 (1) INMATE WELFARE TRUST FUND; DEPARTMENT OF
27 CORRECTIONS.--
28 (a) The Inmate Welfare Trust Fund constitutes a trust
29 held by the department for the benefit and welfare of
30 offenders and inmates under the jurisdiction of the Department
31 of Corrections. Funds shall be credited to the trust fund as
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Amendment No.
1 follows:
2 1. All funds moneys held in any auxiliary, canteen,
3 welfare, or similar fund in any correctional facility operated
4 directly by the department state institution under the
5 jurisdiction of the Department of Corrections shall be
6 deposited in the Inmate Welfare Trust Fund of the department,
7 which fund is created in the State Treasury, to be
8 appropriated annually by the Legislature and deposited in the
9 Department of Corrections Grants and Donations Trust Fund.
10 2. All net proceeds from operating inmate canteens,
11 vending machines used primarily by inmates, hobby shops, and
12 other such facilities; however, funds necessary to moneys
13 budgeted by the department for the purchase of items for
14 resale at inmate canteens and or vending machines must be
15 deposited into local bank accounts designated by the
16 department. The department shall submit to the President of
17 the Senate and the Speaker of the House of Representatives by
18 January 1 of each year a report that documents the receipts
19 and expenditures, including a verification of telephone
20 commissions, from the Inmate Welfare Trust Fund for the
21 previous fiscal year. The report must present this information
22 by program, by institution, and by type of receipt.
23 3. All proceeds from contracted telephone commissions.
24 The department shall develop and update, as necessary,
25 administrative procedures to verify that:
26 a. Contracted telephone companies accurately record
27 and report all telephone calls made by inmates incarcerated in
28 correctional facilities under the department's jurisdiction;
29 b. Persons who accept collect calls from inmates are
30 charged the contracted rate; and
31 c. The department receives the contracted telephone
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1 commissions.
2 4. Any funds that may be assigned by inmates or
3 donated to the department by the general public or an inmate
4 service organization; however, the department shall not accept
5 any donation from, or on behalf of, any individual inmate.
6 5. Repayment of the one-time sum of $500,000
7 appropriated in fiscal year 1996-1997 from the Inmate Welfare
8 Trust Fund for correctional work programs pursuant to s.
9 946.008.
10 6. All proceeds from:
11 a. The confiscation and liquidation of any contraband
12 found upon, or in the possession of, any inmate:
13 b. Disciplinary fines imposed against inmates;
14 c. Forfeitures of inmate earnings; and
15 d. Unexpended balances in individual inmate trust fund
16 accounts of less than $1.
17 7. All interest earnings and other proceeds derived
18 from investments of funds deposited in the trust fund. In the
19 manner authorized by law for fiduciaries, the secretary of the
20 department, or the secretary's designee, may invest any funds
21 in the trust fund when it is determined that such funds are
22 not needed for immediate use.
23 (b) Funds Beginning with the legislative appropriation
24 for fiscal year 1995-1996 and thereafter, the money in the
25 Inmate Welfare Trust Fund must be used exclusively for the
26 following purposes at correctional facilities operated
27 directly by the department:
28 1. To operate inmate canteens and vending machines,
29 including purchasing purchase items for resale at the inmate
30 canteens and or vending machines, maintained at the
31 correctional facilities;
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1 2. employing To employ personnel and inmates to
2 manage, supervise, and operate inmate the canteens and vending
3 machines, at the correctional facilities;
4 3. and covering other For operating and fixed capital
5 outlay expenses associated with operating the operation of
6 inmate canteens and vending machines;
7 2.4. To employ personnel to manage and supervise the
8 proceeds from telephone commissions;
9 3. To develop, implement, and maintain the medical
10 copayment accounting system;
11 4.5. To employ personnel for correctional education To
12 provide literacy programs, vocational training programs, and
13 educational academic programs that comply with standards of
14 the Department of Education, including employing personnel and
15 covering other;
16 6. For operating and fixed capital outlay expenses
17 associated with providing such programs the delivery to
18 inmates of literacy programs, vocational training, and
19 academic programs that comply with standards of the Department
20 of Education;
21 5.7. To operate inmate chapels, faith-based programs,
22 visiting pavilions, libraries, and law libraries, including
23 employing personnel and covering other For operating and fixed
24 capital outlay expenses associated with operating the
25 operation of inmate chapels, faith-based programs, visiting
26 pavilions, libraries, and law libraries visiting pavilions;
27 8. To employ personnel to operate the libraries,
28 chapels, and visiting pavilions;
29 6.9. To provide for expenses associated with various
30 inmate clubs;
31 7.10. To provide for expenses associated with legal
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Amendment No.
1 services for inmates;
2 8.11. To employ personnel To provide inmate substance
3 abuse treatment programs and transition and life skills
4 training programs, including employing personnel; and
5 12. covering other For operating and fixed capital
6 outlay expenses associated with providing such programs the
7 delivery of inmate substance abuse treatment and transition
8 and life skills training programs.
9 (c) The Legislature shall annually appropriate the
10 funds deposited in the Inmate Welfare Trust Fund. It is the
11 intent of the Legislature that total annual expenditures for
12 providing literacy programs, vocational training programs, and
13 educational programs exceed the combined items listed in
14 subparagraphs 5. and 6. must exceed the total annual
15 expenditures for operating inmate chapels, faith-based
16 programs, visiting pavilions, libraries, and law libraries,
17 covering expenses associated with inmate clubs, and providing
18 inmate substance abuse treatment programs and transition and
19 life skills training programs items listed in subparagraphs 7.
20 through 12.
21 (d) Funds in the Inmate Welfare Trust Fund or any
22 other fund may not be used to purchase cable television
23 service, to rent or purchase videocassettes, videocassette
24 recorders, or other audiovisual or electronic equipment used
25 primarily for recreation purposes. This paragraph does not
26 preclude the purchase or rental of electronic or audiovisual
27 equipment for inmate training or educational programs. The
28 department shall develop administrative procedures to verify
29 that contracted telephone commissions are being received, that
30 persons who have accepted collect calls from inmates are being
31 charged the contracted rate, and that contracted telephone
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Amendment No.
1 companies are accurately and completely recording and
2 reporting all inmate telephone calls made.
3 (c) There shall be deposited in the Inmate Welfare
4 Trust Fund all net proceeds from the operation of canteens,
5 vending machines, hobby shops, and other such facilities and
6 any moneys that may be assigned by the inmates or donated to
7 the department by the general public or an inmate service
8 organization for deposit in the fund. However, the department
9 shall refuse to accept any donations from or on behalf of any
10 individual inmate. The moneys of the fund shall constitute a
11 trust held by the department for the benefit and welfare of
12 the inmates of the institutions under the jurisdiction of the
13 department.
14 (d) There shall be deposited in the Inmate Welfare
15 Trust Fund such moneys as constitute repayment of the one-time
16 sum appropriated pursuant to s. 946.008.
17 (e) Any contraband found upon, or in the possession
18 of, any inmate in any institution under the jurisdiction of
19 the department shall be confiscated and liquidated, and the
20 proceeds thereof shall be deposited in the Inmate Welfare
21 Trust Fund of the department.
22 (f) The secretary of the department or the secretary's
23 designee may invest in the manner authorized by law for
24 fiduciaries any money in the Inmate Welfare Trust Fund of the
25 department that in his or her opinion is not necessary for
26 immediate use, and the interest earned and other increments
27 derived from such investments made pursuant to this section
28 shall be deposited in the Inmate Welfare Trust Fund of the
29 department.
30 (e)(g) Items for resale at the inmate canteens and or
31 vending machines maintained at the correctional facilities
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1 shall be priced comparatively with like items for retail sale
2 at fair market prices.
3 (f)(h) Notwithstanding any other provision of law,
4 inmates with sufficient balances in their individual inmate
5 bank trust fund accounts, after all debts against the account
6 are satisfied, shall be allowed to request a weekly draw of up
7 to $45 to be expended for personal use on canteen and vending
8 machine items.
9 (g) The department shall annually compile a report
10 that specifically documents Inmate Welfare Trust Fund receipts
11 and expenditures. This report shall be compiled at both the
12 statewide and institutional levels. The department must submit
13 this report for the previous fiscal year by September 1 of
14 each year to the chairs of the appropriate substantive and
15 fiscal committees of the Senate and the House of
16 Representatives and to the Executive Office of the Governor.
17 (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE
18 TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--
19 (a) For purposes of this subsection, privately
20 operated institutions or private correctional facilities are
21 those correctional facilities under contract with the
22 department pursuant to chapter 944 or the Correctional
23 Privatization Commission pursuant to chapter 957.
24 (b)1. The net proceeds derived from inmate canteens,
25 vending machines used primarily by inmates, telephone
26 commissions, and similar sources at private correctional
27 facilities shall be deposited in the Privately Operated
28 Institutions Inmate Welfare Trust Fund.
29 2. Funds in the Privately Operated Institutions Inmate
30 Welfare Trust Fund shall be expended only pursuant to
31 legislative appropriation.
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Amendment No.
1 (c) The Correctional Privatization Commission shall
2 annually compile a report that documents Privately Operated
3 Institutions Inmate Welfare Trust Fund receipts and
4 expenditures at each private correctional facility. This
5 report must specifically identify receipt sources and
6 expenditures. The Correctional Privatization Commission shall
7 compile this report for the prior fiscal year and shall submit
8 the report by September 1 of each year to the chairs of the
9 appropriate substantive and fiscal committees of the Senate
10 and House of Representatives and to the Executive Office of
11 the Governor.
12 (3) EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF
13 CORRECTIONS.--
14 (a) The department may establish an Employee Benefit
15 Trust Fund. Trust fund sources may be derived from any of the
16 following:
17 1.(a) Proceeds of vending machines or other such
18 services not intended for use by inmates.
19 2.(b) Donations, except donations by, or on behalf of,
20 an individual inmate.
21 3.(c) Additional trust funds and grants which may
22 become available.
23 (b) Funds from the Employee Benefit Trust Fund Such
24 fund shall be maintained and audited separately and apart from
25 the Inmate Welfare Trust Fund. Portions of the fund may be
26 used to construct, operate, and maintain training and
27 recreation facilities at correctional facilities for the
28 exclusive use of department employees respective institutions.
29 Such facilities are shall be the property of the department
30 and must shall provide the maximum benefit to all interested
31 employees, regardless of gender of both sexes, including
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Amendment No.
1 teachers, clerical staff, medical and psychological services
2 personnel, and officers and administrators.
3 Section 5. Paragraph (d) of subsection (2) of section
4 944.803, Florida Statutes, is amended to read:
5 944.803 Faith-based programs for inmates.--
6 (2) It is the intent of the Legislature that the
7 Department of Corrections and the private vendors operating
8 private correctional facilities shall continuously:
9 (d) Fund through the use of the inmate welfare trust
10 funds fund pursuant to s. 945.215 an adequate number of
11 chaplains and support staff to operate faith-based chaplaincy
12 programs in state correctional institutions.
13 Section 6. Section 945.31, Florida Statutes, is
14 amended to read:
15 945.31 Restitution and other payments.--The department
16 may establish bank accounts outside the State Treasury for the
17 purpose of collecting and disbursing restitution and other
18 court-ordered payments from persons in its custody or under
19 its supervision, and may collect an administrative processing
20 fee in an amount equal to 4 percent of the gross amounts of
21 such payments. Such administrative processing fee shall be
22 deposited in the department's Operating Grants and Donations
23 Trust Fund and shall be used to offset the cost of the
24 department's services.
25 Section 7. Section 945.76, Florida Statutes, is
26 amended to read:
27 945.76 Certification and monitoring of batterers'
28 intervention programs; fees.--
29 (1) Pursuant to s. 741.32, the Department of
30 Corrections is authorized to assess and collect:
31 (a) An annual certification fee fees not to exceed
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1 $300 for the certification and monitoring of batterers'
2 intervention programs certified by the Department of
3 Corrections' Office of Certification and Monitoring of
4 Batterers' Intervention Programs and.
5 (b) An annual certification fee not to exceed $200 for
6 the certification and monitoring of assessment personnel
7 providing direct services to persons who:
8 1.(a) Are ordered by the court to participate in a
9 domestic violence prevention program;
10 2.(b) Are adjudged to have committed an act of
11 domestic violence as defined in s. 741.28;
12 3.(c) Have an injunction entered for protection
13 against domestic violence; or
14 4.(d) Agree to attend a program as part of a diversion
15 or pretrial intervention agreement by the offender with the
16 state attorney.
17 (2) All persons required by the court to attend
18 domestic violence programs certified by the Department of
19 Corrections' Office of Certification and Monitoring of
20 Batterers' Intervention Programs shall pay an additional $30
21 fee for each 29-week program to the Department of Corrections.
22 (3) The fees assessed and collected under this section
23 fee shall be deposited in the department's Operating Grants
24 and Donations Trust Fund to be used by the department to fund
25 the cost of certifying and monitoring batterers' intervention
26 programs.
27 Section 8. Subsection (7) of section 944.10, Florida
28 Statutes, is amended to read:
29 944.10 Department of Corrections to provide buildings;
30 sale and purchase of land; contracts to provide services and
31 inmate labor.--
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Amendment No.
1 (7) The department may enter into contracts with
2 federal, state, or local governmental entities or subdivisions
3 to provide services and inmate labor for the construction of
4 buildings, parks, roads, any detention or commitment
5 facilities, or any other project deemed to be appropriate by
6 the Department of Corrections, which may include, but is not
7 limited to, the planning, design, site acquisition or
8 preparation, management, or construction of such projects. The
9 department may charge fees for providing such services. All
10 fees collected must be placed in the Correctional Work Program
11 Grants and Donations Trust Fund.
12 Section 9. Subsection (2) of section 948.09, Florida
13 Statutes, is amended to read:
14 948.09 Payment for cost of supervision and
15 rehabilitation.--
16 (2) Any person being electronically monitored by the
17 department as a result of placement on community control shall
18 be required to pay a $1-per-day surcharge in addition to the
19 cost of supervision fee as directed by the sentencing court.
20 The surcharge shall be deposited in the Operating Grants and
21 Donations Trust Fund to be used by the department for
22 purchasing and maintaining electronic monitoring devices.
23 Section 10. Subsection (10) of section 951.23, Florida
24 Statutes, is amended to read:
25 951.23 County and municipal detention facilities;
26 definitions; administration; standards and requirements.--
27 (10) Nothing in this section prohibits the governing
28 board of a county or municipality to enter into an agreement
29 with the Department of Corrections authorizing the department
30 to inspect the local detention facilities under the
31 jurisdiction of the governing body. A governing board of a
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Amendment No.
1 county or municipality may enter into such agreements with the
2 department upon consultation with the sheriff if the sheriff
3 operates the detention facility. The inspections performed by
4 the department shall be consultatory in nature and for the
5 purpose of advising the local governing bodies concerning
6 compliance with the standards adopted by the detention
7 facility's chief correctional officer. Such agreements must
8 include, but are not limited to, provisions for the physical
9 and operational standards that were adopted by the chief
10 correctional officer of the detention facility, the manner and
11 frequency of inspections to be conducted by the department,
12 whether such inspections are to be announced or unannounced by
13 the department, the type of access the department may have to
14 the detention facility, and the amount of payment by the local
15 governing body, if any, for the services rendered by the
16 department. Inspections and access to local detention
17 facilities shall not interfere with custody of inmates or the
18 security of the facilities as determined by the chief
19 correctional officer of each facility. Any fees collected by
20 the department pursuant to such agreements must be deposited
21 into the Operating Grants and Donations Trust Fund and shall
22 be used to pay the cost of the services provided by the
23 department to monitor local detention facilities pursuant to
24 such agreements. This subsection shall be repealed effective
25 October 1, 1999.
26 Section 11. There is appropriated $550,000 from the
27 Inmate Welfare Trust Fund to the Department of Corrections for
28 the New Horizon Community Mental Health Center's Family
29 Intervention, Preservation, and Support Program for fiscal
30 year 1998-1999.
31 Section 12. There is appropriated $770,000 from the
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Amendment No.
1 Inmate Welfare Trust Fund to the Department of Corrections for
2 the fixed capital outlay needs of the AGAPE program in Dade
3 County, including the purchase of new housing units and
4 renovations to existing AGAPE facilities, for fiscal year
5 1998-1999.
6 Section 13. Section 386.213, Florida Statutes, is
7 created to read:
8 386.213 Smoking prohibited inside state correctional
9 facilities.--
10 (1) The purpose of this section is to protect the
11 health, comfort, and environment of employees of the
12 Department of Corrections, employees of privately operated
13 correctional facilities, employees of the Correctional
14 Privatization Commission, and inmates by prohibiting inmates
15 from using tobacco products inside any offices or buildings
16 within state correctional facilities, and by ensuring that
17 employees and visitors do not use tobacco products inside any
18 office or building within state correctional facilities.
19 Scientific evidence links the use of tobacco products with
20 numerous significant health risks. The use of tobacco products
21 by inmates, employees, or visitors is contrary to efforts by
22 the Department of Corrections to reduce the costs of inmate
23 health care and to limit unnecessary litigation. The
24 Department of Corrections and the private vendors operating
25 correctional facilities shall make smoking cessation
26 assistance available to inmates in order to implement this
27 section. The Department of Corrections and the private vendors
28 operating correctional facilities shall implement this section
29 as soon as possible, and all provisions of this section must
30 be fully implemented by January 1, 1999.
31 (2) As used in this section, the term:
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Amendment No.
1 (a) "Department" means the Department of Corrections.
2 (b) "Employee" means an employee of the department or
3 a private vendor in a contractual relationship with either the
4 Department of Corrections or the Correctional Privatization
5 Commission, and includes persons such as contractors,
6 volunteers, or law enforcement officers who are within a state
7 correctional facility to perform a professional service.
8 (c) "State correctional facility" means a state or
9 privately operated correctional institution as defined in s.
10 944.02, or a correctional institution or facility operated
11 under s. 944.105 or chapter 957.
12 (d) "Tobacco products" means items such as cigars,
13 cigarettes, snuff, loose tobacco, or similar goods made with
14 any part of the tobacco plant, which are prepared or used for
15 smoking, chewing, dipping, sniffing, or other personal use.
16 (e) "Visitor" means any person other than an inmate or
17 employee who is within a state correctional facility for a
18 lawful purpose and includes, but is not limited to, persons
19 who are authorized to visit state correctional institutions
20 pursuant to s. 944.23, and persons authorized to visit as
21 prescribed by departmental rule or vendor policy.
22 (f) "Prohibited areas" means any indoor areas of any
23 building, portable or other enclosed structure within a state
24 correctional facility.
25 (3)(a) An inmate within a state correctional facility
26 may not use tobacco products in prohibited areas at any time
27 while in the custody of the department or under the
28 supervision of a private vendor operating a correctional
29 facility.
30 (b)1. An employee or visitor may not use any tobacco
31 products in prohibited areas.
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Amendment No.
1 2. The superintendent, warden, or supervisor of a
2 state correctional facility shall take reasonable steps to
3 ensure that the tobacco prohibition for employees and visitors
4 is strictly enforced.
5 (4) An inmate who violates this section commits a
6 disciplinary infraction and is subject to punishment
7 determined to be appropriate by the disciplinary authority in
8 the state correctional facility, including, but not limited
9 to, forfeiture of gain-time or the right to earn gain-time in
10 the future under s. 944.28.
11 (5) The department may adopt rules and the private
12 vendors operating correctional facilities may adopt policies
13 and procedures for the designation of prohibited areas and
14 smoking areas and for the imposition of penalties pursuant to
15 this section. For the purposes of this section, the
16 designation of prohibited areas shall not include employee
17 housing on the grounds of a state correctional facility or
18 maximum security inmate housing areas.
19 Section 14. Subsection (1) of section 386.203, Florida
20 Statutes, is amended to read:
21 386.203 Definitions.--As used in this part:
22 (1) "Public place" means the following enclosed,
23 indoor areas used by the general public:
24 (a) Government buildings;
25 (b) Public means of mass transportation and their
26 associated terminals not subject to federal smoking
27 regulation;
28 (c) Elevators;
29 (d) Hospitals;
30 (e) Nursing homes;
31 (f) Educational facilities;
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1 (g) Public school buses;
2 (h) Libraries;
3 (i) Courtrooms;
4 (j) Jury waiting and deliberation rooms;
5 (k) Museums;
6 (l) Theaters;
7 (m) Auditoriums;
8 (n) Arenas;
9 (o) Recreational facilities;
10 (p) Restaurants which seat more than 50 persons;
11 (q) Retail stores, except a retail store the primary
12 business of which is the sale of tobacco or tobacco related
13 products;
14 (r) Grocery stores;
15 (s) Places of employment;
16 (t) Health care facilities;
17 (u) Day care centers; and
18 (v) Common areas of retirement homes and
19 condominiums.; and
20 (w) State correctional facilities.
21 Section 15. Subsection (1) of section 921.141, Florida
22 Statutes, is amended to read:
23 921.141 Sentence of death or life imprisonment for
24 capital felonies; further proceedings to determine sentence.--
25 (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
26 (a) Upon conviction or adjudication of guilt of a
27 defendant of a capital felony, the court shall conduct a
28 separate sentencing proceeding to determine whether the
29 defendant should be sentenced to death or life imprisonment as
30 authorized by s. 775.082. The proceeding shall be conducted by
31 the trial judge before the trial jury as soon as practicable.
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Amendment No.
1 If, through impossibility or inability, the trial jury is
2 unable to reconvene for a hearing on the issue of penalty,
3 having determined the guilt of the accused, the trial judge
4 may summon a special juror or jurors as provided in chapter
5 913 to determine the issue of the imposition of the penalty.
6 If the trial jury has been waived, or if the defendant pleaded
7 guilty, the sentencing proceeding shall be conducted before a
8 jury impaneled for that purpose, unless waived by the
9 defendant. In the proceeding, evidence may be presented as to
10 any matter that the court deems relevant to the nature of the
11 crime and the character of the defendant and shall include
12 matters relating to any of the aggravating or mitigating
13 circumstances enumerated in subsections (5) and (6). Any such
14 evidence which the court deems to have probative value may be
15 received, regardless of its admissibility under the
16 exclusionary rules of evidence, provided the defendant is
17 accorded a fair opportunity to rebut any hearsay statements.
18 However, this subsection shall not be construed to authorize
19 the introduction of any evidence secured in violation of the
20 Constitution of the United States or the Constitution of the
21 State of Florida. The state and the defendant or the
22 defendant's counsel shall be permitted to present argument for
23 or against sentence of death.
24 (b) If the court determines, by a preponderance of the
25 evidence, that the defendant suffers from mental retardation,
26 and has an IQ less than 55 the court shall sentence the
27 defendant to life imprisonment.
28 Section 16. Subsection (2) of section 921.142, Florida
29 Statutes, is amended to read:
30 921.142 Sentence of death or life imprisonment for
31 capital drug trafficking felonies; further proceedings to
19
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 determine sentence.--
2 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
3 (a) Upon conviction or adjudication of guilt of a
4 defendant of a capital felony under s. 893.135, the court
5 shall conduct a separate sentencing proceeding to determine
6 whether the defendant should be sentenced to death or life
7 imprisonment as authorized by s. 775.082. The proceeding
8 shall be conducted by the trial judge before the trial jury as
9 soon as practicable. If, through impossibility or inability,
10 the trial jury is unable to reconvene for a hearing on the
11 issue of penalty, having determined the guilt of the accused,
12 the trial judge may summon a special juror or jurors as
13 provided in chapter 913 to determine the issue of the
14 imposition of the penalty. If the trial jury has been waived,
15 or if the defendant pleaded guilty, the sentencing proceeding
16 shall be conducted before a jury impaneled for that purpose,
17 unless waived by the defendant. In the proceeding, evidence
18 may be presented as to any matter that the court deems
19 relevant to the nature of the crime and the character of the
20 defendant and shall include matters relating to any of the
21 aggravating or mitigating circumstances enumerated in
22 subsections (6) and (7). Any such evidence which the court
23 deems to have probative value may be received, regardless of
24 its admissibility under the exclusionary rules of evidence,
25 provided the defendant is accorded a fair opportunity to rebut
26 any hearsay statements. However, this subsection shall not be
27 construed to authorize the introduction of any evidence
28 secured in violation of the Constitution of the United States
29 or the Constitution of the State of Florida. The state and the
30 defendant or the defendant's counsel shall be permitted to
31 present argument for or against sentence of death.
20
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 (b) If the court determines, by a preponderance of the
2 evidence, that the defendant suffers from mental retardation,
3 and has an IQ less than 55 the court shall sentence the
4 defendant to life imprisonment.
5 Section 17. Paragraph (m) is added to subsection (1)
6 of section 924.07, Florida Statutes, to read:
7 924.07 Appeal by state.--
8 (1) The state may appeal from:
9 (m) An order pursuant to s. 921.141(1)(a) or s.
10 921.142(2)(a) declaring a defendant mentally retarded.
11 Section 18. For purposes of sections 921.141 and
12 921.142, Florida Statutes, the term "mental retardation" means
13 significantly subaverage general intellectual functioning
14 existing concurrently with deficits in adaptive behavior and
15 manifested during the period from conception to age 18. The
16 term "significantly subaverage general intellectual
17 functioning," for the purpose of this definition, means an
18 intelligence quotient of 55 or less on a standardized
19 intelligence test specified in the rules of the Department of
20 Children and Family Services. The term "adaptive behavior,"
21 for the purpose of this definition, means the effectiveness or
22 degree with which an individual meets the standards of
23 personal independence and social responsibility expected of
24 the individual's age, cultural group, and community.
25 Section 19. Section 945.10, Florida Statutes, is
26 amended to read:
27 945.10 Confidential information; illegal acts;
28 penalties.--
29 (1) Except as otherwise provided by law or in this
30 section, the following records and information of the
31 Department of Corrections are confidential and exempt from the
21
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution:
3 (a) Mental health, medical, or substance abuse records
4 of an inmate or an offender.
5 (b) Preplea, pretrial intervention, presentence or
6 postsentence investigative records.
7 (c) Information regarding a person in the federal
8 witness protection program.
9 (d) Parole Commission records which are confidential
10 or exempt from public disclosure by law.
11 (e) Information which if released would jeopardize a
12 person's safety.
13 (f) Information concerning a victim's statement and
14 identity.
15 (g) The identity of an executioner.
16 (h) Records that are otherwise confidential or exempt
17 from public disclosure by law.
18 (2) The records and information specified in
19 paragraphs (1)(b)-(h) may be released as follows unless
20 expressly prohibited by federal law:
21 (a) Information specified in paragraphs (1)(b), (d),
22 and (f) to the Office of the Governor, the Legislature, the
23 Parole Commission, the Department of Health and Rehabilitative
24 Services, a private correctional facility or program that
25 operates under a contract, the Department of Legal Affairs, a
26 state attorney, the court, or a law enforcement agency. A
27 request for records or information pursuant to this paragraph
28 need not be in writing.
29 (b) Information specified in paragraphs (1)(c), (e),
30 and (h) to the Office of the Governor, the Legislature, the
31 Parole Commission, the Department of Health and Rehabilitative
22
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Bill No. CS/HB 3527
Amendment No.
1 Services, a private correctional facility or program that
2 operates under contract, the Department of Legal Affairs, a
3 state attorney, the court, or a law enforcement agency. A
4 request for records or information pursuant to this paragraph
5 must be in writing and a statement provided demonstrating a
6 need for the records or information.
7 (c) Information specified in paragraph (1)(b) to an
8 attorney representing an inmate under sentence of death,
9 except those portions of the records containing a victim's
10 statement or address, or the statement or address of a
11 relative of the victim. A request for records of information
12 pursuant to this paragraph must be in writing and a statement
13 provided demonstrating a need for the records or information.
14 (d) Information specified in paragraph (1)(b) to a
15 public defender representing a defendant, except those
16 portions of the records containing a victim's statement or
17 address, or the statement or address of a relative of the
18 victim. A request for records or information pursuant to this
19 paragraph need not be in writing.
20 (e) Information specified in paragraph (1)(b) to state
21 or local governmental agencies. A request for records or
22 information pursuant to this paragraph must be in writing and
23 a statement provided demonstrating a need for the records or
24 information.
25 (f) Information specified in paragraph (1)(b) to a
26 person conducting legitimate research. A request for records
27 and information pursuant to this paragraph must be in writing,
28 the person requesting the records or information must sign a
29 confidentiality agreement, and the department must approve the
30 request in writing.
31
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Records and information released under this subsection remain
2 confidential and exempt from the provisions of s. 119.07(1)
3 and s. 24(a), Art. I of the State Constitution when held by
4 the receiving person or entity.
5 (3) Due to substantial concerns regarding
6 institutional security and unreasonable and excessive demands
7 on personnel and resources if an inmate or an offender has
8 unlimited or routine access to records of the Department of
9 Corrections, an inmate or an offender who is under the
10 jurisdiction of the department may not have unrestricted
11 access to the department's records or to information contained
12 in the department's records. However, except as to another
13 inmate's or offender's records, the department may permit
14 limited access to its records if an inmate or an offender
15 makes a written request and demonstrates an exceptional need
16 for information contained in the department's records and the
17 information is otherwise unavailable. Exceptional
18 circumstances include, but are not limited to:
19 (a) The inmate or offender requests documentation to
20 resolve a conflict between the inmate's court documentation
21 and the commitment papers or court orders received by the
22 department regarding the inmate or offender.
23 (b) The inmate's or offender's release is forthcoming
24 and a prospective employer requests, in writing, documentation
25 of the inmate's or offender's work performance.
26 (c) The inmate or offender needs information
27 concerning the amount of victim restitution paid during the
28 inmate's or offender's incarceration.
29 (d) The requested records contain information required
30 to process an application or claim by the inmate or offender
31 with the Internal Revenue Service, the Social Security
24
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Administration, the Department of Labor and Employment
2 Security, or any other similar application or claim with a
3 state agency or federal agency.
4 (e) The inmate or offender wishes to obtain the
5 current address of a relative whose address is in the
6 department's records and the relative has not indicated a
7 desire not to be contacted by the inmate or offender.
8 (f) Other similar circumstances that do not present a
9 threat to the security, order, or rehabilitative objectives of
10 the correctional system or to any person's safety.
11 (4) The Department of Corrections shall adopt rules to
12 prevent disclosure of confidential records or information to
13 unauthorized persons.
14 (5) The Department of Corrections and the Parole
15 Commission shall mutually cooperate with respect to
16 maintaining the confidentiality of records that are exempt
17 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
18 the State Constitution.
19 (6)(a) As used in this subsection:
20 1. The term "personal information about another
21 person" means the home addresses, telephone numbers, social
22 security numbers, and photographs of health care clinicians of
23 the Department of Corrections who are licensed or certified
24 pursuant to chapter 458, chapter 459, chapter 464, chapter
25 465, chapter 466, or chapter 490 and of educational personnel
26 of the Department of Corrections who are certified pursuant to
27 s. 231.17 and of other state officers and employees whose
28 duties are performed in whole or in part in state correctional
29 institutions; the home addresses, telephone numbers, social
30 security numbers, photographs, and places of employment of the
31 spouses and children of such persons; and the names and
25
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 locations of schools and day care facilities attended by the
2 children of such persons.
3 2. The terms "another person" and "such person" mean
4 any person described in subparagraph 1.
5 3. The term "harass" means engaging in a course of
6 conduct directed at another person which causes substantial
7 emotional distress to such person and serves no legitimate
8 purpose.
9 (b) An inmate or offender in the correctional system
10 or under correctional supervision, whether on parole,
11 probation, postrelease supervision, or any other form of
12 supervision, is prohibited from disclosing or using personal
13 information about another person with the intent to obtain a
14 benefit from, harass, harm, or defraud such person. Any inmate
15 or offender who violates this section commits a felony of the
16 third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (c) An inmate or offender who has been convicted of an
19 offense under paragraph (b) is prohibited from subsequently
20 participating in any correctional work or other correctional
21 program that provides inmates or offenders with access to
22 personal information about persons who are not in the
23 correctional system or under correctional supervision. If,
24 during a term of imprisonment, an inmate or offender is
25 convicted of the offense under paragraph (b), the inmate or
26 offender shall be subject to forfeiture of all or any part of
27 his or her gain-time pursuant to rules adopted by the
28 department. The department may adopt rules to prohibit the
29 subsequent participation of an inmate who has been convicted
30 of an offense under paragraph (b) in any correctional work or
31 other correctional program that provides inmates access to
26
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 personal information about another person. The department may
2 also adopt rules to implement the forfeiture or deletion of
3 gain-time.
4 Section 20. Subsection (5) of section 99.012, Florida
5 Statutes, is amended to read:
6 99.012 Restrictions on individuals qualifying for
7 public office.--
8 (5)(a) A person who is a subordinate officer, deputy
9 sheriff, or police officer must need not resign effective upon
10 qualifying, pursuant to Chapter 99, F.S., if pursuant to this
11 section unless the person is seeking to qualify for a public
12 office which is currently held by an officer who has authority
13 to appoint, employ, promote, or otherwise supervise that
14 person and who has qualified as a candidate for reelection to
15 that office.
16 (b) However, Upon qualifying pursuant to Chapter 99,
17 F.S., a the subordinate officer, deputy sheriff, or police
18 officer who is seeking public office and who is not required
19 to resign under paragraph (a) must take a leave of absence
20 without pay during the period in which he or she is a
21 candidate for office.
22 Section 21. There is appropriated from the General
23 Revenue Fund to Hillsborough County the sum of $500,000 for
24 fiscal year 1998-1999 for the planning, design, development,
25 acquisition and construction of the Hillsborough County
26 Sheriff's District 4 Office with such sums released only upon
27 a two to one matching funding commitment from Hillsborough
28 County for the completion of such project.
29 Section 22. This act shall take effect upon becoming a
30 law.
31
27
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to criminal justice; amending
8 s. 951.23, F.S.; providing a criminal penalty
9 for refusing to obey jail rules and
10 regulations; requiring that a printed copy of
11 rules be provided to prisoners; providing a
12 definition; terminating specified trust funds
13 and fund accounts within the state courts
14 system and the Department of Corrections;
15 providing for the transfer of current balances
16 to general revenue, the paying of outstanding
17 debts and obligations, and the removal of the
18 terminated funds and accounts from the various
19 state accounting systems; modifying provisions
20 relating to specified trust funds and fund
21 accounts within the state courts system and the
22 Department of Corrections; amending s. 216.272,
23 F.S., relating to Working Capital Trust Funds
24 used to fund data processing centers; removing
25 reference to the judicial branch; amending s.
26 945.215, F.S.; providing sources of funds and
27 purposes of the Inmate Welfare Trust Fund, the
28 Privately Owned Institutions Inmate Welfare
29 Trust Fund, and the Employee Benefit Trust Fund
30 within the department; providing for annual
31 appropriation of funds deposited in the Inmate
28
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 Welfare Trust Fund; requiring certain annual
2 reports; amending s. 944.803, F.S., relating to
3 faith-based programs for inmates; revising a
4 reference, to conform; amending s. 945.31,
5 F.S.; providing for deposit of the department's
6 administrative processing fee in the
7 department's Operating Trust Fund; amending s.
8 945.76, F.S.; revising provisions relating to
9 fees for certification and monitoring of
10 batterers' intervention programs; providing for
11 deposit of such fees in the department's
12 Operating Trust Fund; amending s. 944.10, F.S.;
13 providing for deposit of contractual service
14 and inmate labor fees in the Correctional Work
15 Program Trust Fund; amending s. 948.09, F.S.;
16 providing for deposit of the electronic
17 monitoring surcharge in the department's
18 Operating Trust Fund; amending s. 951.23, F.S.;
19 providing for deposit of fees collected
20 pursuant to local detention facility inspection
21 agreements in the department's Operating Trust
22 Fund; creating s. 386.213, F.S.; providing
23 legislative intent; requiring the Department of
24 Corrections and private vendors operating state
25 correctional facilities to make
26 smoking-cessation assistance available to
27 inmates; requiring full implementation of the
28 act by a specified date; providing definitions;
29 prohibiting an inmate within a state
30 correctional facility from using tobacco
31 products in prohibited areas; prohibiting
29
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 employees or visitors from using tobacco
2 products in prohibited areas; providing
3 penalties; authorizing the department to adopt
4 rules; amending s. 386.203 (1), F.S.; adding
5 state correctional facilities to the definition
6 of public place; amending ss. 921.141, 921.142,
7 F.S.; prescribing the penalty to be imposed if
8 the defendant is determined to be mentally
9 retarded; amending s. 924.07, F.S.; providing
10 that the state may appeal a determination that
11 a defendant is mentally retarded; providing a
12 definition of mental retardation; amending s.
13 945.10, F.S., relating to confidential
14 information and other information available to
15 inmates and offenders in the correctional
16 system or under supervision; defining terms;
17 prohibiting certain disclosure or use of
18 certain "personal information about another
19 person," as defined, by an inmate or offender
20 with intent to obtain a benefit from, harass,
21 harm, or defraud such person; providing
22 penalties; providing that an inmate or offender
23 convicted of such offense is prohibited from
24 subsequent participation in correctional work
25 programs or other programs; providing that an
26 inmate or offender convicted of such offense is
27 subject to forfeiture of gain-time; providing
28 for adoption of rules by the department;
29 amending s. 99.012, F.S.; requiring a
30 subordinate officer, deputy sheriff, or police
31 officer seeking to qualify for a public office
30
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SENATE AMENDMENT
Bill No. CS/HB 3527
Amendment No.
1 to resign or take a leave of absence, depending
2 on certain circumstances relating to the office
3 sought; providing an appropriation; providing
4 an effective date.
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