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  1

  2         An act relating to criminal justice trust

  3         funds; terminating specified trust funds and

  4         fund accounts within the state courts system

  5         and the Department of Corrections; providing

  6         for the transfer of current balances to general

  7         revenue, the paying of outstanding debts and

  8         obligations, and the removal of the terminated

  9         funds and accounts from the various state

10         accounting systems; modifying provisions

11         relating to specified trust funds and fund

12         accounts within the state courts system and the

13         Department of Corrections; amending s. 216.272,

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

15         used to fund data processing centers; removing

16         reference to the judicial branch; amending s.

17         945.215, F.S.; providing sources of funds and

18         purposes of the Inmate Welfare Trust Fund, the

19         Privately Owned Institutions Inmate Welfare

20         Trust Fund, and the Employee Benefit Trust Fund

21         within the department; providing for annual

22         appropriation of funds deposited in the Inmate

23         Welfare Trust Fund; requiring certain annual

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

25         faith-based programs for inmates; revising a

26         reference, to conform; amending s. 945.31,

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

28         administrative processing fee in the

29         department's Operating Trust Fund; amending s.

30         945.76, F.S.; revising provisions relating to

31         fees for certification and monitoring of


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  1         batterers' intervention programs; providing for

  2         deposit of such fees in the department's

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

  4         providing for deposit of contractual service

  5         and inmate labor fees in the Correctional Work

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

  7         providing for deposit of the electronic

  8         monitoring surcharge in the department's

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

10         providing for deposit of fees collected

11         pursuant to local detention facility inspection

12         agreements in the department's Operating Trust

13         Fund; providing an effective date.

14

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

16

17         Section 1.  (1)  The following trust funds and fund

18  accounts are terminated on July 1, 1998:

19         (a)  Within the state courts system:

20         1.  Appellate Opinion Distribution Trust Fund, SAMAS

21  number 222215.

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

23         (b)  Within the Department of Corrections:

24         1.  Hurricane Andrew Recovery and Rebuilding Trust

25  Fund, SAMAS number 702205.

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

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

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

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

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

31  this act, the state courts system or Department of


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

  2  obligations of the terminated fund or account as soon as

  3  practicable, and the Comptroller shall close out and remove

  4  the terminated fund or account from the various state

  5  accounting systems using generally accepted accounting

  6  principles concerning warrants outstanding, assets, and

  7  liabilities.

  8         Section 2.  Section 216.272, Florida Statutes, is

  9  amended to read:

10         216.272  Working Capital Trust Funds.--

11         (1)  There are hereby created Working Capital Trust

12  Funds for the purpose of providing sufficient funds for the

13  operation of data processing centers, which may include the

14  creation of a reserve account within the Working Capital Trust

15  Fund to pay for future information technology resource

16  acquisitions as appropriated by the Legislature. Such funds

17  shall be created from moneys budgeted for data processing

18  services and equipment by those agencies, and the judicial

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

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

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

22  agency or judicial branch served by the center shall

23  contribute an amount equal to its proportionate share of cost

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

25  judicial branch, utilizing the services of the data processing

26  center shall pay such moneys into the appropriate Working

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

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

29  the Chief Justice as appropriate.

30         Section 3.  Section 945.215, Florida Statutes, is

31  amended to read:


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  1         945.215  Inmate welfare and employee benefit trust

  2  funds.--

  3         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

  4  CORRECTIONS.--

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

  6  held by the department for the benefit and welfare of inmates

  7  incarcerated in correctional facilities operated directly by

  8  the department. Funds shall be credited to the trust fund as

  9  follows:

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

11  welfare, or similar fund in any correctional facility operated

12  directly by the department state institution under the

13  jurisdiction of the Department of Corrections shall be

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

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

16  appropriated annually by the Legislature and deposited in the

17  Department of Corrections Grants and Donations Trust Fund.

18         2.  All net proceeds from operating inmate canteens,

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

20  other such facilities; however, funds necessary to moneys

21  budgeted by the department for the purchase of items for

22  resale at inmate canteens and or vending machines must be

23  deposited into local bank accounts designated by the

24  department. The department shall submit to the President of

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

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

27  and expenditures, including a verification of telephone

28  commissions, from the Inmate Welfare Trust Fund for the

29  previous fiscal year. The report must present this information

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

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  1         3.  All proceeds from contracted telephone commissions.

  2  The department shall develop and update, as necessary,

  3  administrative procedures to verify that:

  4         a.  Contracted telephone companies accurately record

  5  and report all telephone calls made by inmates incarcerated in

  6  correctional facilities under the department's jurisdiction;

  7         b.  Persons who accept collect calls from inmates are

  8  charged the contracted rate; and

  9         c.  The department receives the contracted telephone

10  commissions.

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

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

13  service organization; however, the department shall not accept

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

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

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

17  Trust Fund for correctional work programs pursuant to s.

18  946.008.

19         6.  All proceeds from:

20         a.  The confiscation and liquidation of any contraband

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

22         b.  Disciplinary fines imposed against inmates;

23         c.  Forfeitures of inmate earnings; and

24         d.  Unexpended balances in individual inmate trust fund

25  accounts of less than $1.

26         7.  All interest earnings and other proceeds derived

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

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

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

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

31  not needed for immediate use.


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  1         (b)  Funds Beginning with the legislative appropriation

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

  3  Inmate Welfare Trust Fund must be used exclusively for the

  4  following purposes at correctional facilities operated

  5  directly by the department:

  6         1.  To operate inmate canteens and vending machines,

  7  including purchasing purchase items for resale at the inmate

  8  canteens and or vending machines, maintained at the

  9  correctional facilities;

10         2.  employing To employ personnel and inmates to

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

12  machines, at the correctional facilities;

13         3.  and covering other For operating and fixed capital

14  outlay expenses associated with operating the operation of

15  inmate canteens and vending machines;

16         2.4.  To employ personnel to manage and supervise the

17  proceeds from telephone commissions;

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

19  copayment accounting system;

20         4.5.  To employ personnel for correctional education To

21  provide literacy programs, vocational training programs, and

22  educational academic programs that comply with standards of

23  the Department of Education, including employing personnel and

24  covering other;

25         6.  For operating and fixed capital outlay expenses

26  associated with providing such programs the delivery to

27  inmates of literacy programs, vocational training, and

28  academic programs that comply with standards of the Department

29  of Education;

30         5.7.  To operate inmate chapels, faith-based programs,

31  visiting pavilions, libraries, and law libraries, including


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  1  employing personnel and covering other For operating and fixed

  2  capital outlay expenses associated with operating the

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

  4  pavilions, libraries, and law libraries visiting pavilions;

  5         8.  To employ personnel to operate the libraries,

  6  chapels, and visiting pavilions;

  7         6.9.  To provide for expenses associated with various

  8  inmate clubs;

  9         7.10.  To provide for expenses associated with legal

10  services for inmates;

11         8.11.  To employ personnel To provide inmate substance

12  abuse treatment programs and transition and life skills

13  training programs, including employing personnel; and

14         12.  covering other For operating and fixed capital

15  outlay expenses associated with providing such programs the

16  delivery of inmate substance abuse treatment and transition

17  and life skills training programs.

18         (c)  The Legislature shall annually appropriate the

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

20  intent of the Legislature that total annual expenditures for

21  providing literacy programs, vocational training programs, and

22  educational programs exceed the combined items listed in

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

24  expenditures for operating inmate chapels, faith-based

25  programs, visiting pavilions, libraries, and law libraries,

26  covering expenses associated with inmate clubs, and providing

27  inmate substance abuse treatment programs and transition and

28  life skills training programs items listed in subparagraphs 7.

29  through 12.

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

31  other fund may not be used to purchase cable television


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  1  service, to rent or purchase videocassettes, videocassette

  2  recorders, or other audiovisual or electronic equipment used

  3  primarily for recreation purposes. This paragraph does not

  4  preclude the purchase or rental of electronic or audiovisual

  5  equipment for inmate training or educational programs. The

  6  department shall develop administrative procedures to verify

  7  that contracted telephone commissions are being received, that

  8  persons who have accepted collect calls from inmates are being

  9  charged the contracted rate, and that contracted telephone

10  companies are accurately and completely recording and

11  reporting all inmate telephone calls made.

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

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

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

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

16  the department by the general public or an inmate service

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

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

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

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

21  the inmates of the institutions under the jurisdiction of the

22  department.

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

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

25  sum appropriated pursuant to s. 946.008.

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

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

28  the department shall be confiscated and liquidated, and the

29  proceeds thereof shall be deposited in the Inmate Welfare

30  Trust Fund of the department.

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

  2  designee may invest in the manner authorized by law for

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

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

  5  immediate use, and the interest earned and other increments

  6  derived from such investments made pursuant to this section

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

  8  department.

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

10  vending machines maintained at the correctional facilities

11  shall be priced comparatively with like items for retail sale

12  at fair market prices.

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

14  inmates with sufficient balances in their individual inmate

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

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

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

18  machine items.

19         (g)  The department shall annually compile a report

20  that specifically documents Inmate Welfare Trust Fund receipts

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

22  statewide and institutional levels. The department must submit

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

24  each year to the chairs of the appropriate substantive and

25  fiscal committees of the Senate and the House of

26  Representatives and to the Executive Office of the Governor.

27         (2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE

28  TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--

29         (a)  For purposes of this subsection, privately

30  operated institutions or private correctional facilities are

31  those correctional facilities under contract with the


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  1  department pursuant to chapter 944 or the Correctional

  2  Privatization Commission pursuant to chapter 957.

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

  4  vending machines used primarily by inmates, telephone

  5  commissions, and similar sources at private correctional

  6  facilities shall be deposited in the Privately Operated

  7  Institutions Inmate Welfare Trust Fund.

  8         2.  Funds in the Privately Operated Institutions Inmate

  9  Welfare Trust Fund shall be expended only pursuant to

10  legislative appropriation.

11         (c)  The Correctional Privatization Commission shall

12  annually compile a report that documents Privately Operated

13  Institutions Inmate Welfare Trust Fund receipts and

14  expenditures at each private correctional facility. This

15  report must specifically identify receipt sources and

16  expenditures. The Correctional Privatization Commission shall

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

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

19  appropriate substantive and fiscal committees of the Senate

20  and House of Representatives and to the Executive Office of

21  the Governor.

22         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

23  CORRECTIONS.--

24         (a)  The department may establish an Employee Benefit

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

26  following:

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

28  services not intended for use by inmates.

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

30  an individual inmate.

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

  2  become available.

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

  4  fund shall be maintained and audited separately and apart from

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

  6  used to construct, operate, and maintain training and

  7  recreation facilities at correctional facilities for the

  8  exclusive use of department employees respective institutions.

  9  Such facilities are shall be the property of the department

10  and must shall provide the maximum benefit to all interested

11  employees, regardless of gender of both sexes, including

12  teachers, clerical staff, medical and psychological services

13  personnel, and officers and administrators.

14         Section 4.  Paragraph (d) of subsection (2) of section

15  944.803, Florida Statutes, is amended to read:

16         944.803  Faith-based programs for inmates.--

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

18  Department of Corrections and the private vendors operating

19  private correctional facilities shall continuously:

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

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

22  chaplains and support staff to operate faith-based chaplaincy

23  programs in state correctional institutions.

24         Section 5.  Section 945.31, Florida Statutes, is

25  amended to read:

26         945.31  Restitution and other payments.--The department

27  may establish bank accounts outside the State Treasury for the

28  purpose of collecting and disbursing restitution and other

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

30  its supervision, and may collect an administrative processing

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


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  1  such payments. Such administrative processing fee shall be

  2  deposited in the department's Operating Grants and Donations

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

  4  department's services.

  5         Section 6.  Section 945.76, Florida Statutes, is

  6  amended to read:

  7         945.76  Certification and monitoring of batterers'

  8  intervention programs; fees.--

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

10  Corrections is authorized to assess and collect:

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

12  $300 for the certification and monitoring of batterers'

13  intervention programs certified by the Department of

14  Corrections' Office of Certification and Monitoring of

15  Batterers' Intervention Programs and.

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

17  the certification and monitoring of assessment personnel

18  providing direct services to persons who:

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

20  domestic violence prevention program;

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

22  domestic violence as defined in s. 741.28;

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

24  against domestic violence; or

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

26  or pretrial intervention agreement by the offender with the

27  state attorney.

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

29  domestic violence programs certified by the Department of

30  Corrections' Office of Certification and Monitoring of

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  1  Batterers' Intervention Programs shall pay an additional $30

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

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

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

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

  6  the cost of certifying and monitoring batterers' intervention

  7  programs.

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

  9  Statutes, is amended to read:

10         944.10  Department of Corrections to provide buildings;

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

12  inmate labor.--

13         (7)  The department may enter into contracts with

14  federal, state, or local governmental entities or subdivisions

15  to provide services and inmate labor for the construction of

16  buildings, parks, roads, any detention or commitment

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

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

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

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

21  department may charge fees for providing such services. All

22  fees collected must be placed in the Correctional Work Program

23  Grants and Donations Trust Fund.

24         Section 8.  Subsection (2) of section 948.09, Florida

25  Statutes, is amended to read:

26         948.09  Payment for cost of supervision and

27  rehabilitation.--

28         (2)  Any person being electronically monitored by the

29  department as a result of placement on community control shall

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

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


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  1  The surcharge shall be deposited in the Operating Grants and

  2  Donations Trust Fund to be used by the department for

  3  purchasing and maintaining electronic monitoring devices.

  4         Section 9.  Subsection (10) of section 951.23, Florida

  5  Statutes, is amended to read:

  6         951.23  County and municipal detention facilities;

  7  definitions; administration; standards and requirements.--

  8         (10)  Nothing in this section prohibits the governing

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

10  with the Department of Corrections authorizing the department

11  to inspect the local detention facilities under the

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

13  county or municipality may enter into such agreements with the

14  department upon consultation with the sheriff if the sheriff

15  operates the detention facility. The inspections performed by

16  the department shall be consultatory in nature and for the

17  purpose of advising the local governing bodies concerning

18  compliance with the standards adopted by the detention

19  facility's chief correctional officer. Such agreements must

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

21  and operational standards that were adopted by the chief

22  correctional officer of the detention facility, the manner and

23  frequency of inspections to be conducted by the department,

24  whether such inspections are to be announced or unannounced by

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

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

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

28  department. Inspections and access to local detention

29  facilities shall not interfere with custody of inmates or the

30  security of the facilities as determined by the chief

31  correctional officer of each facility. Any fees collected by


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  1  the department pursuant to such agreements must be deposited

  2  into the Operating Grants and Donations Trust Fund and shall

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

  4  department to monitor local detention facilities pursuant to

  5  such agreements. This subsection shall be repealed effective

  6  October 1, 1999.

  7         Section 10.  This act shall take effect July 1 of the

  8  year in which enacted.

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