CODING: Words stricken are deletions; words underlined are additions.House Bill 0769
Florida House of Representatives - 1997 HB 769
By Representative Brooks
1 A bill to be entitled
2 An act relating to state correctional
3 facilities; creating the "Tobacco-free Prisons
4 Act"; providing legislative intent; requiring
5 the Department of Corrections and the
6 Correctional Privatization Commission to make
7 smoking-cessation assistance available to
8 inmates; requiring full implementation of the
9 act by a specified date; providing definitions;
10 prohibiting an inmate within a state
11 correctional facility from possessing or using
12 tobacco products; permitting certain inmates to
13 possess or use tobacco products; prohibiting
14 employees or visitors from possessing tobacco
15 products while in a state correctional
16 facility; providing penalties; permitting the
17 department to develop and implement an Employee
18 Wellness Program; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. (1) SHORT TITLE.--This section may be
23 cited as the "Tobacco-free Prisons Act."
24 (2) LEGISLATIVE INTENT.--The purpose of this section
25 is to protect the health, comfort, and environment of
26 employees of the Department of Corrections and the
27 Correctional Privatization Commission and of inmates by
28 prohibiting inmates from using tobacco products in state
29 correctional facilities, and by ensuring that employees and
30 visitors do not use tobacco products in state correctional
31 facilities. Scientific evidence links the use of tobacco
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 769
562-114B-97
1 products with numerous significant health risks. The use of
2 tobacco products by inmates, employees, or visitors is
3 contrary to efforts by the Department of Corrections to reduce
4 the costs of inmate health care and limit unnecessary
5 litigation. The Department of Corrections and the Correctional
6 Privatization Commission shall make smoking-cessation
7 assistance available to inmates in order to implement this
8 section. The Department of Corrections and the Correctional
9 Privatization Commission shall implement this section as soon
10 as possible and all provisions of this section must be fully
11 implemented by January 1, 1999.
12 (3) DEFINITIONS.--As used in this section, the term:
13 (a) "Commission" means the Correctional Privatization
14 Commission or a private vendor in a contractual relationship
15 with the Correctional Privatization Commission.
16 (b) "Department" means the Department of Corrections.
17 (c) "Employee" means an employee of the department or
18 the commission, including a contractor, volunteer, or law
19 enforcement officer.
20 (d) "State correctional facility" means a state
21 correctional institution as defined in s. 944.02, Florida
22 Statutes, or a correctional institution operated under s.
23 944.105, Florida Statutes, or chapter 957, Florida Statutes.
24 (e) "Tobacco products" means items such as cigars,
25 cigarettes, snuff, loose tobacco, or similar goods made with
26 any part of the tobacco plant, which are prepared or used for
27 smoking, chewing, dipping, sniffing, or other personal use.
28 (4) POSSESSION OR USE OF TOBACCO PRODUCTS
29 PROHIBITED.--An inmate within a state correctional facility
30 may not possess or use tobacco products at any time while in
31 the custody of the department or a private state correctional
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 769
562-114B-97
1 facility, unless an inmate leaves the confines of the facility
2 pursuant to s. 945.091, Florida Statutes. This prohibition
3 applies regardless of an inmate's location in relation to the
4 physical plant of a state correctional facility. Any person
5 who is an employee of a state correctional facility or who
6 visits a state correctional facility may not possess or use
7 any tobacco products while in the state correctional facility.
8 The superintendent or supervisor of each state correctional
9 facility shall take reasonable steps to ensure that the
10 tobacco prohibition for employees and visitors is strictly
11 enforced.
12 (5) PENALTIES.--An inmate who violates this section
13 commits a disciplinary infraction and is subject to forfeiture
14 of gain-time or the right to earn gain-time in the future
15 under s. 944.28, Florida Statutes.
16 Section 2. The Legislature recognizes that a healthy
17 workforce is a productive workforce and that security of the
18 state correctional system can best be provided by strong and
19 healthy employees. The Department of Corrections may develop
20 and implement an Employee Wellness Program. The department
21 may include in the program, but not limit the Employee
22 Wellness Program to, wellness education and incentives, random
23 employee drug testing, smoking cessation, and nutritional and
24 health-risk reduction.
25 Section 3. This act shall take effect upon becoming a
26 law.
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 769
562-114B-97
1 *****************************************
2 HOUSE SUMMARY
3
Creates the "Tobacco-free Prisons Act." Provides
4 legislative intent and definitions. Requires the
Department of Corrections and the Correctional
5 Privatization Commission to make smoking-cessation
assistance available to inmates. Prohibits an inmate
6 within a state correctional facility from possessing or
using tobacco products. Permits certain inmates to
7 possess or use tobacco products. Provides penalties.
Prohibits employees or visitors from possessing or using
8 tobacco products while in a state correctional facility.
Permits the department to develop and implement an
9 Employee Wellness Program.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4