House Bill 4411

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    Florida House of Representatives - 1998                HB 4411

        By the Committee on Corrections and Representative
    Trovillion





  1                      A bill to be entitled

  2         An act relating to the state correctional

  3         system; prohibiting certain contracts to house

  4         out-of-state inmates without specific

  5         legislative authorization; amending s. 944.40,

  6         F.S.; prohibiting escape or attempted escape by

  7         inmates in private correctional facilities

  8         under contract with the state, county, or

  9         municipality; providing penalties; amending s.

10         957.03, F.S.; increasing the membership on the

11         Correctional Privatization Commission; revising

12         membership requirements; eliminating the

13         restriction that no employee of the Department

14         of Corrections or the Department of Juvenile

15         Justice be appointed to the commission;

16         increasing the number of members appointed to

17         the commission who are employed by the private

18         sector; providing for staggered terms of

19         appointment; eliminating the requirement for

20         vacancies to be filled in same manner as the

21         original appointment and for the remainder of

22         the unexpired term; specifying circumstances

23         under which an act of the commission is

24         binding; eliminating the requirement for the

25         commission to include certain recidivism data

26         in the annual report to the Legislature;

27         permitting the commission to authorize

28         contractors to use inmate labor in facility

29         construction and in public work programs, under

30         specified circumstances; requiring the

31         department to assign available inmate work

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  1         crews at the request of the commission and the

  2         contractor, under specified circumstances;

  3         providing for approval of security procedures;

  4         requiring the reporting of outcome performance

  5         measures; creating s. 957.031, F.S.;

  6         prohibiting specified conduct by a commission

  7         member, employee, or consultant who reviews,

  8         monitors, or approves private correctional

  9         facility contracts, or otherwise advises the

10         commission with respect to private correctional

11         facilities; providing for construction;

12         amending s. 957.06, F.S.; removing provisions

13         relating to the cooperative transfer agreement;

14         providing that certain contracts do not

15         authorize development and implementation of

16         work programs; providing exceptions; creating

17         s. 957.061, F.S.; providing for cooperative

18         transfer agreements;  amending s. 957.08, F.S.;

19         restricting the types of inmates to be assigned

20         and transferred to private correctional

21         facilities; amending s. 957.125, F.S.;

22         providing for applicability of certain program

23         requirements to contracted youthful offender

24         facilities; directing the Florida Corrections

25         Commission to conduct an in-depth analysis on

26         technology and private services contracts,

27         develop certain proposals, and report its

28         findings to the Legislature; authorizing the

29         commission, contingent upon appropriation, to

30         enter into a contract for a private

31         correctional facility designed to house female

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  1         inmates; providing legislative intent;

  2         requiring the facility to have specified

  3         capacities; requiring the commission to

  4         contract with an academic researcher for fiscal

  5         year 1998-1999 to produce a comparative

  6         recidivism rate study; providing for

  7         development by consensus and approval of a

  8         methodology and sampling strategy by the

  9         researcher, the director of the Division of

10         Economic and Demographic Research of the Joint

11         Legislative Management Committee, or successor

12         entity, and a Department of Corrections staff

13         person; prescribing certain uses of the

14         methodology and sampling strategy; providing

15         for a report to the Legislature; repealing s.

16         957.125(1), (3) and (4), F.S., relating to the

17         original authorization to enter into contracts

18         and transfer arrangements for youthful offender

19         facilities; removing obsolete provisions;

20         repealing s. 944.711, F.S., relating to

21         requests for proposals and construction of

22         certain departmental facilities; repealing s.

23         957.04(8), F.S., relating to an expenditure to

24         defray impact costs; removing obsolete

25         provisions; amending s. 945.603, F.S.;

26         authorizing the Correctional Medical Authority

27         to review and advise the Correctional

28         Privatization Commission on inmate health care;

29         revising powers and duties of the authority;

30         conforming terminology; amending s. 945.6031,

31         F.S.; revising responsibilities of the

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  1         authority and guidelines for required reports

  2         and surveys; requiring the authority to conduct

  3         surveys of the physical and mental health care

  4         system at private correctional facilities;

  5         requiring certain reports; amending s.

  6         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; amending s. 957.04, F.S.; eliminating

18         the requirement for the contract monitor to be

19         full time after the initial award; authorizing

20         the contract monitor to oversee more than one

21         facility, but no more than three, when the

22         facilities are within close proximity; creating

23         s. 957.041, F.S.; requiring the department to

24         notify the commission of the profile of the

25         inmates anticipated to be housed in a private

26         correctional facility; requiring the commission

27         to negotiate and enter into contracts for

28         private correctional services based upon the

29         inmate profile; creating s. 957.17, F.S.;

30         specifying that the commission is the legal

31         entity to authorize addenda to contracts;

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  1         prohibiting contract modifications which

  2         provide for price level increases and the

  3         retention by the vendor of certain proceeds;

  4         creating s. 957.18, F.S.; requiring the

  5         commission and the vendor to return to the

  6         State Treasury certain revenues generated at

  7         the private correctional facility; permitting

  8         the funds returned to the State Treasury to be

  9         credited to the vendor in achieving cost

10         savings requirement; providing effective dates.

11

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

13

14         Section 1.  Notwithstanding any other provision of law,

15  no private vendor operating a private correctional facility

16  located in the state shall enter into a contract with another

17  state to house out-of-state inmates unless specific

18  legislative authorization is provided.

19         Section 2.  Section 944.40, Florida Statutes, is

20  amended to read:

21         944.40  Escapes; penalty.--Any prisoner confined in any

22  prison, jail, private correctional facility, road camp, or

23  other penal institution, whether state, county, or municipal

24  or by contract with the state, county, or municipality,

25  working upon the public roads, or being transported to or from

26  a place of confinement who escapes or attempts to escape from

27  such confinement commits shall be guilty of a felony of the

28  second degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084. The punishment of imprisonment imposed

30  under this section shall run consecutive to any former

31  sentence imposed upon any prisoner.

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  1         Section 3.  Effective February 1, 1999, subsection (2)

  2  and paragraphs (a) and (b) of subsection (3) of section

  3  957.03, Florida Statutes, are amended to read:

  4         957.03  Correctional Privatization Commission.--

  5         (2)  MEMBERS; QUALIFICATIONS.--The commission shall

  6  consist of seven five members appointed by the Governor, none

  7  of whom may be an employee of the Department of Corrections or

  8  the Department of Juvenile Justice, one of whom must be a

  9  minority person as defined in s. 288.703(3), and five four of

10  whom must be employed by the private sector.  A commissioner

11  from the private sector may not have been an employee or a

12  contract vendor of or a consultant to the department or the

13  Department of Juvenile Justice, or an employee or a contract

14  vendor of or a consultant to a bidder, for 2 years prior to

15  appointment to the commission and may not become an employee

16  or a contract vendor of or a consultant to the department or

17  the Department of Juvenile Justice, or an employee or a

18  contract vendor of or a consultant to a bidder, for 2 years

19  following the termination of the appointment to the

20  commission.

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

22         (a)  The term of office for a member of the commission

23  is 4 years except that, in order to create staggered terms,

24  when filling the vacancies created by the expiration of terms

25  in calendar year 2001, one person shall be appointed to a term

26  which shall expire January 31, 2002, two persons shall be

27  appointed to terms which shall expire January 31, 2004, and

28  two persons shall be appointed to terms expiring January 31,

29  2005.

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  1         (b)  A vacancy shall be filled in the same manner as

  2  the original appointment and shall be for the remainder of the

  3  unexpired term only.

  4         Section 4.  Paragraph (f) of subsection (3) and

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

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

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

  8         957.03  Correctional Privatization Commission.--

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

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

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

12  majority of the members of the commission constitutes a

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

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

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

16  the commission must be present, and on or after February 1,

17  1999, not fewer than five members must be present. The vote

18  must be recorded in the minutes of the meeting.

19         (4)  DUTIES.--

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

21  House of Representatives and the President of the Senate by

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

23  facilities under its management.  Each report must also

24  include a comparison of recidivism rates for inmates of

25  private correctional facilities to the recidivism rates for

26  inmates of comparable facilities managed by the department.

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

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

29  construction of the facility.  The Department of Corrections

30  shall assign inmate work crews at the request of the

31  commission and the contractor.

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  1         (e)  In the renegotiation or origination of contracts

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

  3  authorize the contractors to use selected inmates in public

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

  5  are placed in public work programs, the private contractor

  6  shall develop security procedures which shall ensure the

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

  8  shall approve such procedures.

  9         (f)  In the renegotiation or origination of contracts

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

11  shall require each contractor to develop and annually report

12  to the Legislature outcome performance measures similar to

13  those included in the General Appropriations Act for the

14  department pursuant to s. 216.0166.

15         Section 5.  Section 957.031, Florida Statutes, is

16  created to read:

17         957.031  Prohibited conduct by commission member,

18  employee, consultant, or adviser.--

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

20  reviews, monitors, or approves private correctional facility

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

22  respect to private correctional facilities, may not:

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

24  personal benefit or promise of benefit from any bidders,

25  potential bidders, or contractors; or

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

27  investor in any business entity that:

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

29  commission;

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

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

  3  or

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

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

  6  control a business entity that has a business relationship of

  7  any kind with the commission.

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

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

10         Section 6.  Section 957.06, Florida Statutes, is

11  amended to read:

12         957.06  Powers and duties not delegable to

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

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

15  the contractor to:

16         (1)  Make a final determination on the custody

17  classification of an inmate.  The contractor may submit a

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

19  recommendation made shall be in compliance with the

20  department's custody classification system.

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

22  initially assigned or subsequently transferred. The contractor

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

24  facility operated by the department. The commission, the

25  contractor, and a representative of the department shall

26  develop and implement a cooperative agreement for transferring

27  inmates between a correctional facility operated by the

28  department and a private correctional facility. The

29  department, the commission, and the contractor must comply

30  with the cooperative agreement.

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  1         (3)  Develop or adopt disciplinary rules or penalties

  2  that differ from the disciplinary rules and penalties that

  3  apply to inmates housed in correctional facilities operated by

  4  the department.

  5         (4)  Make a final determination on a disciplinary

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

  7  may remove an inmate from the general prison population during

  8  an emergency, before final resolution of a disciplinary

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

10  housing in protective custody.

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

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

13  award, deny, or forfeit gain-time.

14         (6)  Make recommendations to the Parole Commission with

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

16  conditional release, or conditional medical release. However,

17  the contractor may submit written reports to the Parole

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

19  Commission for information.

20         (7)  Develop and implement requirements that inmates

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

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

23  those requirements are accepted by the commission.

24         (8)  Determine inmate eligibility for any form of

25  conditional, temporary, or permanent release from a

26  correctional facility.

27         Section 7.  Section 957.061, Florida Statutes, is

28  created to read:

29         957.061  Cooperative transfer agreement.--The

30  commission, the contractor, and a representative of the

31  department shall develop and implement a cooperative transfer

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  1  agreement for each private correctional facility for

  2  transferring inmates between a correctional facility operated

  3  by the department and the private correctional facility.  The

  4  department, the commission, and the contractor must comply

  5  with the cooperative transfer agreement.

  6         Section 8.  Section 957.08, Florida Statutes, is

  7  amended to read:

  8         957.08  Capacity requirements.--The department shall

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

10  determined by contract the commission, to each private

11  correctional facility opened pursuant to this chapter in an

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

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

14  commission.  The types of inmates prisoners transferred by the

15  department shall conform to the cooperative transfer agreement

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

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

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

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

20  comparable facility operated by the department.

21         Section 9.  Subsection (2) of section 957.125, Florida

22  Statutes, is amended to read:

23         957.125  Correctional facilities for youthful

24  offenders.--

25         (2)  These Youthful offender facilities contracted

26  under this chapter shall be designed to provide the optimum

27  capacity for programs for youthful offenders designed to

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

29  and vocational programs, substance abuse and mental health

30  counseling, prerelease orientation and planning, job and

31  career counseling, physical exercise, dispute resolution, and

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  1  life skills training.  In order to ensure this quality

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

  3  weight to cost in evaluating proposals.

  4         Section 10.  The Corrections Commission shall conduct

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

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

  7  technology and private services contracts in all aspects of

  8  corrections ranging from prison management, mobile surgical

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

10  transportation, pharmaceutical products, canteen services,

11  distance learning programs, victim notification hotlines,

12  satellite tracking of offenders, inmate legal services, and

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

14  identify cost efficiencies, technological innovations, and

15  best corrections practices at both private and public

16  correctional programs; identify bureaucratic and legal

17  barriers that prevent or nullify effective cost containment

18  strategies in both private and public corrections; determine

19  ways to reduce inmate idleness through partnerships with

20  private industries; and produce plans for the most effective

21  use of general and specialized private sector services in

22  corrections.  The Corrections Commission shall report its

23  findings and recommendations to the Governor and Legislature

24  in its 1998 annual report.

25         Section 11.  Contingent upon legislative appropriation,

26  the Correctional Privatization Commission may enter into a

27  contract in fiscal year 1998-1999 for designing, financing,

28  acquiring, leasing, constructing, and operating one

29  correctional facility designed to house female inmates,

30  notwithstanding s. 957.07, Florida Statutes. The commission

31  shall specify the area in which the facility will be located.

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  1  However, it is the intent of the Legislature that the facility

  2  be located in or near a metropolitan area in the southern part

  3  of the state close to the home communities of the female

  4  inmates to assist in the most effective rehabilitation

  5  efforts, including family visitation. The facility shall have

  6  a maximum capacity of 800 beds and shall provide the optimum

  7  capacity for programs for female inmates designed to reduce

  8  recidivism, including, but not limited to, educational and

  9  vocational programs, parenting and domestic violence

10  awareness, chaplaincy services, substance abuse treatment,

11  mental and physical health counseling, and prerelease

12  orientation and planning.

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

14  Correctional Privatization Commission shall contract with an

15  academic researcher to produce a study comparing recidivism

16  rates for inmates of private correctional facilities to

17  recidivism rates for inmates of comparable facilities managed

18  by the Department of Corrections. Beginning fiscal year

19  1998-1999, the methodology and sampling strategy shall be

20  developed by consensus and unanimously approved by the

21  director of the Division of Economic and Demographic Research

22  of the Joint Legislative Management Committee, or successor

23  entity, one professional staff person who has research

24  expertise from the Department of Corrections, and the academic

25  researcher retained by the Correctional Privatization

26  Commission. The methodology and sampling strategy developed

27  shall be adhered to in all subsequent and independent analyses

28  or reports produced for the commission on such recidivism

29  rates. The academic researcher under contract to the

30  commission as well as the researchers for the Department of

31  Corrections and the Division of Economic and Demographic

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  1  Research, or successor entity, shall independently analyze the

  2  data collected pursuant to this section and shall collaborate

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

  4  Speaker of the House of Representatives and the President of

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

  6  1998, report by the commission pursuant to s. 957.03(4)(c),

  7  Florida Statutes, need not contain a comparison of recidivism

  8  rates for inmates of private correctional facilities to the

  9  recidivism rates for inmates of comparable facilities managed

10  by the Department of Corrections.

11         Section 13.  Subsections (1), (3), and (4) of section

12  957.125, section 944.711, and subsection (8) of section

13  957.04, Florida Statutes, are repealed.

14         Section 14.  Section 945.603, Florida Statutes, is

15  amended to read:

16         945.603  Powers and duties of authority.--The purpose

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

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

19  Corrections by advising the Secretary of Corrections and the

20  chairman of the Correctional Privatization Commission on the

21  professional conduct of primary, convalescent, dental, and

22  mental health care and the management of costs consistent with

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

24  the status of the inmate Department of Corrections' health

25  care delivery system, and by assuring that adequate standards

26  of physical and mental health care for inmates are maintained

27  at all Department of Corrections institutions and at all

28  private correctional facilities.  For this purpose, the

29  authority has the authority to:

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

  2  cost containment measures the Department of Corrections could

  3  implement.

  4         (2)  Review and make recommendations regarding health

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

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

  7  primary and tertiary care services, ancillary and clinical

  8  services, dental services, mental health services, intake and

  9  screening services, medical transportation services, and the

10  use of nurse practitioner and physician assistant personnel to

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

12  legal custody of the Department of Corrections.

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

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

15  of the State of Florida prison health care system.

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

17  the Correctional Privatization Commission on contracts between

18  the Department of Corrections or private vendors and third

19  parties for quality management programs.

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

21  the Correctional Privatization Commission on minimum standards

22  needed to ensure that an adequate physical and mental health

23  care delivery system is maintained by the Department of

24  Corrections and by the private vendors under contract pursuant

25  to chapters 957 and 944.

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

27  the sufficiency, adequacy, and effectiveness of the Department

28  of Corrections' Office of Health Services' quality management

29  program.

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

  2  the projected medical needs of the inmate population and the

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

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

  5  the adequacy of preservice, inservice, and continuing medical

  6  education programs for all health care personnel and, if

  7  necessary, recommend changes to such programs within the

  8  Department of Corrections.

  9         (9)  Identify and recommend to the Secretary of

10  Corrections the professional incentives required to attract

11  and retain qualified professional health care staff within the

12  prison health care system.

13         (10)  Coordinate the development of prospective payment

14  arrangements as described in s. 408.50 when appropriate for

15  the acquisition of inmate health care services.

16         (11)  Review the Department of Corrections' health

17  services plan and advise the Secretary of Corrections on its

18  implementation.

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

20  impleaded.

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

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

23  convenient in the exercise of its powers and functions under

24  this act.

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

26  medical personnel, management consultants, consulting

27  engineers, architects, surveyors, attorneys, accountants,

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

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

30  mandates of the Correctional Medical Authority and fix their

31  compensation.

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  1         (15)  Recommend to the Legislature such performance and

  2  financial audits of the Office of Health Services in the

  3  Department of Corrections as the authority considers

  4  advisable.

  5         Section 15.  Section 945.6031, Florida Statutes, is

  6  amended to read:

  7         945.6031  Required reports and surveys.--

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

  9  to the Governor and the Legislature the status of the

10  Department of Corrections' health care delivery system

11  provided by the Department of Corrections and by vendors

12  operating private correctional facilities under contract

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

14  but need not be limited to:

15         (a)  Recommendations regarding cost containment

16  measures the Department of Corrections could implement; and

17         (b)  Recommendations regarding performance and

18  financial audits of the Department of Corrections' Office of

19  Health Services.

20         (2)  The authority shall conduct surveys of the

21  physical and mental health care system at each publicly

22  operated and privately operated correctional institution or

23  facility at least triennially and shall report the survey

24  findings for each institution to the Secretary of Corrections

25  or the Correctional Privatization Commission.

26         (3)  Deficiencies found by the authority to be

27  life-threatening or otherwise serious shall be immediately

28  reported to the Secretary of Corrections or the Correctional

29  Privatization Commission.  The Department of Corrections and

30  the Correctional Privatization Commission shall take immediate

31  action to correct life-threatening or otherwise serious

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  1  deficiencies identified by the authority and within 3 calendar

  2  days file a written corrective action plan with the authority

  3  indicating the actions that will be taken to address the

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

  5  authority shall submit a report to the Secretary of

  6  Corrections or the Correctional Privatization Commission

  7  indicating deficiencies found at the institution or facility.

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

  9  survey report from the authority, the Department of

10  Corrections shall file a written corrective action plan with

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

12  address deficiencies determined by the authority to exist at

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

14  estimate of the time and resources needed to correct

15  identified deficiencies.

16         (5)  The authority shall monitor the Department of

17  Corrections' implementation of corrective actions which have

18  been taken at each institution to address deficiencies related

19  to the Department of Corrections' provision of physical and

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

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

22  corrective action plan or to timely implement the provisions

23  of a corrective action plan correcting identified deficiencies

24  may result in the initiation of the dispute resolution

25  procedures by the authority pursuant to s. 945.6035.

26         Section 16.  Section 945.6035, Florida Statutes, is

27  amended to read:

28         945.6035  Dispute resolution.--

29         (1)  The authority and either the Assistant Secretary

30  for Health Services or the Executive Director of the

31  Correctional Privatization Commission, whoever is appropriate,

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  1  shall attempt to expeditiously resolve any disputes arising

  2  between the authority and the department or the Correctional

  3  Privatization Commission regarding the physical and mental

  4  health care of inmates.

  5         (2)  If the authority and either the Assistant

  6  Secretary for Health Services or the Executive Director of the

  7  Correctional Privatization Commission are unable to resolve a

  8  dispute regarding inmate physical or mental health care, the

  9  authority may submit a written notice to the Assistant

10  Secretary for Health Services or the Executive Director of the

11  Correctional Privatization Commission, setting forth each

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

13  Assistant Secretary for Health Services or the Executive

14  Director of the Correctional Privatization Commission shall

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

16  written notice. The authority shall place the assistant

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

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

19  the dispute remains unresolved, the authority may submit a

20  written report to the secretary detailing the authority's

21  objections.  The Assistant Secretary for Health Services or

22  the Executive Director of the Correctional Privatization

23  Commission shall submit a written report setting forth his or

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

25  the authority within 5 working days after receipt of the

26  submission by the authority.

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

28  Privatization Commission shall review any disputes between the

29  authority and the Assistant Secretary for Health Services or

30  the Executive Director of the Correctional Privatization

31  Commission, and shall provide written notice to the authority

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

  2  after the date when the authority provides written notice of

  3  the dispute to the secretary or to the chair of the

  4  Correctional Privatization Commission.

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

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

  7  Administration Commission for a review and resolution of the

  8  dispute between the department or the Correctional

  9  Privatization Commission and the authority.

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

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

12  of the Correctional Privatization Commission or, if no

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

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

15  file an appeal by petition to the Administration Commission,

16  filed with the Secretary of the Administration Commission.

17  The petition shall set forth the issues in controversy between

18  the authority and either the Correctional Privatization

19  Commission or the department, in the form and manner

20  prescribed by the Administration Commission, and shall contain

21  the reasons for the appeal.  The department or the

22  Correctional Privatization Commission has 5 days after

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

24  the Secretary of the Administration Commission, and the

25  department or the Correctional Privatization Commission shall

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

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

28  appeal to the Administration Commission are:

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

30  the Correctional Privatization Commission of a health care

31  standard which does not conform to the standard of care

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  1  generally accepted in the professional health community at

  2  large.

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

  4  comply with an adopted health care standard.

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

  6  regarding all deficiencies which are determined by the

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

  8  pursuant to s. 945.6031.

  9         (d)  Failure to implement a corrective action plan

10  filed pursuant to s. 945.6031.

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

12  the authority, the Secretary of the Administration Commission,

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

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

15  and after the informal hearing shall promptly submit a report

16  of the findings and recommendations to the Administration

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

18  Administration Commission shall approve either the position of

19  the authority or that of the Correctional Privatization

20  Commission or the department.  If the position of the

21  authority is approved, the Administration Commission shall set

22  forth whatever remedial measures it deems appropriate and the

23  department shall implement such remedial measures.  The

24  decision of the Administration Commission is final and binding

25  on the authority and on either the department or the

26  Correctional Privatization Commission and shall not be subject

27  to appeal pursuant to s. 120.68.

28         Section 17.  Paragraph (g) of subsection (1) of section

29  957.04, Florida Statutes, is amended to read:

30         957.04  Contract requirements.--

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  1         (1)  A contract entered into under this chapter for the

  2  operation of private correctional facilities shall maximize

  3  the cost savings of such facilities and shall:

  4         (g)  Require the selection and appointment of a

  5  full-time contract monitor for the initial contract award.

  6  However, the contract monitor position may be less than

  7  full-time after 1 year, if deemed appropriate by the

  8  commission. After the first year, the contract monitor may

  9  oversee more than one facility, but no more than three, when

10  such facilities are within close proximity. The contract

11  monitor shall be appointed and supervised by the commission.

12  The contractor is required to reimburse the commission for the

13  salary and expenses of the contract monitor.  It is the

14  obligation of the contractor to provide suitable office space

15  for the contract monitor at the correctional facility.  The

16  contract monitor shall have unlimited access to the

17  correctional facility.

18         Section 18.  Section 957.041, Florida Statutes, is

19  created to read:

20         957.041  Requirement for department to provide notice

21  of anticipated inmate profile.--

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

23  proposals, the department shall notify the commission, in

24  writing, of the projected profile of the inmates anticipated

25  to be housed in the private correctional facility.  The

26  anticipated inmate profile shall include, but not be limited

27  to, the:

28         (a)  Education grade and literacy level;

29         (b)  Gender;

30         (c)  Custody grades;

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  1         (d)  Medical and psychological grades and

  2  classification; and 

  3         (e)  Age range.

  4

  5  The commission shall negotiate and enter into contracts for

  6  private correctional services based upon the anticipated

  7  inmate profile provided by the department.

  8         Section 19.  Section 957.17, Florida Statutes, is

  9  created to read:

10         957.17  Addenda to contracts; unauthorized contracts in

11  excess of appropriations.--

12         (1)  The commission, as a whole, is the only entity

13  legally recognized to authorize an amendment or addendum to

14  any contract entered into by the commission under this

15  chapter.  Pursuant to s. 216.311, the commission, in

16  authorizing or approving contract modifications, may not:

17         (a)  Provide for any price level increases or any other

18  upward adjustments to per diem rates, either directly or

19  indirectly; or

20         (b)  Provide for the retention by the vendor, or

21  reductions to the state, of any revenue generated at the

22  facility that is required to be returned to the State

23  Treasury, including, but not limited to, proceeds from

24  telephone commissions, profits from the commissary, medical

25  copayments, and incarceration reimbursements pursuant to s.

26  946.006(3)(a);

27

28  unless specific funding or authorization is provided by the

29  Legislature.  This section shall not preclude the commission

30  from negotiating lower per diem levels whenever possible.

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  1         Section 20.  Section 957.18, Florida Statutes, is

  2  created to read:

  3         957.18  Revenues generated returned to State

  4  Treasury.--

  5         (1)  The commission shall require the vendors to return

  6  to the State Treasury any revenue generated at the private

  7  correctional facility from:

  8         (a)  Profits from inmate commissaries and telephone

  9  commissions;

10         (b)  Inmate copayments pursuant to s. 945.6037;

11         (c)  Incarceration reimbursements pursuant to s.

12  946.006(3)(a); and

13         (d)  Any other revenue generated from inmate labor or

14  from purchases deemed appropriate by the commission which has

15  the potential to reduce state costs.

16         (2)  Revenues generated by the vendor and returned to

17  the State Treasury pursuant to subsection (1) shall be

18  credited to the vendor in achieving the costs saving

19  requirement in accordance with s. 957.07.

20         Section 21.  Except as otherwise provided herein, this

21  act shall take effect upon becoming a law.

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