House Bill 4663er
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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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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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