Senate Bill 1742e1

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    CS for SB 1742                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to corrections; amending s.

  3         20.315, F.S.; revising department goals;

  4         revising the organization of the state

  5         correctional system; authorizing the Secretary

  6         of Corrections to appoint assistant

  7         secretaries, directors, and other persons in

  8         specified areas of program responsibility;

  9         providing for the administration of department

10         operations through regions; deleting

11         requirements that the regions follow judicial

12         circuits; deleting provisions authorizing the

13         appointment of regional directors; revising

14         requirements for the annual department budget;

15         amending ss. 944.31, 944.331, F.S.; providing

16         for the department's office of general counsel

17         rather than the inspector general to oversee

18         inmate grievances; amending s. 944.10, F.S.;

19         limiting the services that may be provided by

20         the department when contracting with

21         governmental entities for planning and

22         designing buildings, parks, roads, and other

23         projects; amending s. 944.40, F.S.; providing

24         that it is a second-degree felony to escape or

25         attempt to escape from a private correctional

26         facility or other correctional facility

27         operated by a governmental entity or under

28         contract with a governmental entity; amending

29         s. 957.04, F.S.; providing for the status of

30         specified property and leases of the

31         Correctional Privatization Commission;


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    CS for SB 1742                                 First Engrossed



  1         providing for payment in lieu of taxes from

  2         appropriated funds; providing for preparation

  3         of a reviser's bill to change the term

  4         "superintendent" to "warden"; amending s.

  5         944.09, F.S.; authorizing the department to

  6         take digitized photographs of inmates or

  7         offenders under its supervision; amending s.

  8         944.09, F.S.; providing the department

  9         authority to make rules relating to community

10         corrections; amending s. 110.205, F.S.;

11         exempting certain positions in the Department

12         of Corrections and the Department of Children

13         and Family Services from membership in the

14         Career Service System; requiring the Office of

15         Program Policy Analysis and Government

16         Accountability to conduct a performance review

17         of the Department of Corrections'

18         reorganization efforts; requiring a report;

19         providing legislative intent regarding the

20         reorganization of the Department of

21         Corrections; creating s. 944.8031, F.S.;

22         relating to inmate's family visitation services

23         and programs; providing legislative intent;

24         requiring the department to provide certain

25         minimum services and programs for persons

26         visiting inmates; requiring the secretary to

27         submit legislative budget requests necessary to

28         improve the quality and frequency of family

29         visits and improve visitation services and

30         programs; amending s. 945.215, F.S., relating

31         to the Inmate Welfare Trust Fund; requiring


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  1         such funds to be used for visitation and family

  2         programs and services; requiring funds from

  3         vending machines used by visitors to go into

  4         the fund; transferring the contract for the

  5         Gadsden Correctional Institution from the

  6         Department of Corrections to the Correctional

  7         Privatization Commission; creating s. 944.115,

  8         F.S.; providing legislative intent; requiring

  9         the Department of Corrections and private

10         vendors operating state correctional facilities

11         to make smoking-cessation assistance available

12         to inmates; requiring full implementation of

13         the act by a specified date; providing

14         definitions; prohibiting an inmate within a

15         state correctional facility from using tobacco

16         products in prohibited areas; prohibiting

17         employees or visitors from using tobacco

18         products in prohibited areas; providing

19         penalties; authorizing the department to adopt

20         rules; providing an effective date.

21

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

23

24         Section 1.  Section 20.315, Florida Statutes, 1998

25  Supplement, is amended to read:

26         20.315  Department of Corrections.--There is created a

27  Department of Corrections.

28         (1)  PURPOSE.--The purpose of the Department of

29  Corrections is to protect the public through the incarceration

30  and supervision of offenders and to rehabilitate offenders

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    CS for SB 1742                                 First Engrossed



  1  through the application of work, programs, and services. The

  2  goals of the department shall be:

  3         (a)  To protect society by providing incarceration that

  4  will support the intentions of established criminal law.

  5         (b)  To ensure that inmates work while they are

  6  incarcerated and that the department makes every effort to

  7  collect restitution and other monetary assessments from

  8  inmates while they are incarcerated or under supervision.

  9         (c)  To work in partnerships with local communities to

10  further efforts toward crime prevention.

11         (d)  To provide a safe and humane environment for

12  offenders and staff in which rehabilitation is possible.  This

13  should include the protection of the offender from

14  victimization within the institution and the development of a

15  system of due process, where applicable.

16         (e)  To provide appropriate supervision for offenders

17  released on community supervision, based on public safety

18  risks and offender needs, and, in conjunction with the

19  judiciary, public safety agencies, and local communities,

20  develop safe, community-based alternatives to traditional

21  incarceration.

22         (f)  To provide programs, which may include academic,

23  vocational, and career education and treatment, to

24  incarcerated offenders and supervised offenders which will

25  prepare them for occupations available in the community.

26         (g)  To provide library services at correctional

27  institutions, which includes general and law library services.

28         (h)  To provide judges with effective evaluative tools

29  and information for use in sentencing decisions.

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  1         (i)  To provide the level of security in institutions

  2  commensurate with the custody requirements and management

  3  needs of inmates.

  4         (j)  To ensure that the rights and needs of crime

  5  victims are recognized and met, including the need for the

  6  victim to be timely notified of the release or escape of an

  7  inmate utilize advanced technology to accomplish the

  8  responsibilities of the department.

  9         (2)  LEGISLATIVE INTENT.--It is the intent of the

10  Legislature that:

11         (a)  The department focus its attention on the removal

12  of barriers that could prevent the inmate's successful return

13  to society while supervising and incarcerating offenders at a

14  level of security commensurate with the danger they present to

15  the public.

16         (b)  The department work in partnership with

17  communities in the construction of facilities and the

18  development of programs to offenders.

19         (c)  The department develop a comprehensive program for

20  the treatment of youthful offenders and other special needs

21  offenders committed to the department, including female,

22  elderly, and disabled offenders.

23         (d)  The department pursue partnerships with other

24  governmental entities and private industry for the purpose of

25  furthering mutual goals and expanding work and educational

26  opportunities for offenders.

27         (3)  SECRETARY OF CORRECTIONS.--The head of the

28  Department of Corrections is the Secretary of Corrections.

29  The secretary is appointed by the Governor, subject to

30  confirmation by the Senate, and shall serve at the pleasure of

31  the Governor.  The secretary is responsible for planning,


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  1  coordinating, and managing the corrections system of the

  2  state.  The secretary shall ensure that the programs and

  3  services of the department are administered in accordance with

  4  state and federal laws, rules, and regulations, with

  5  established program standards, and consistent with legislative

  6  intent.  The secretary shall identify the need for and

  7  recommend funding for the secure and efficient operation of

  8  the state correctional system.

  9         (a)  The secretary shall appoint a deputy secretary.

10  The deputy secretary shall be directly responsible to the

11  secretary and shall serve at the pleasure of the secretary.

12         (b)  The secretary shall appoint a general counsel and

13  an inspector general, who are exempt from part II of chapter

14  110 and are included in the Senior Management Service.

15         (c)  The secretary may shall appoint assistant

16  secretaries, directors, or other such persons that he or she

17  deems are necessary to accomplish the mission and goals of the

18  department, including, but not limited to, the following areas

19  of program responsibility: an Assistant Secretary for

20         1.  Security and institutional operations, which shall

21  provide Management responsible for providing inmate work

22  programs, offender programs, security administration,

23  emergency operations response, and operational oversight of

24  technical assistance to the regions.

25         2.(d)  The secretary shall appoint an Assistant

26  Secretary of Health services, which who shall be headed by a

27  physician licensed under chapter 458 or an osteopathic

28  physician licensed under chapter 459, or a professionally

29  trained health care administrator with progressively

30  responsible experience in health care administration.  This

31  individual shall be responsible for the delivery of health


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    CS for SB 1742                                 First Engrossed



  1  services to offenders within the system and shall have direct

  2  professional authority over such services.

  3         (e)  The secretary shall appoint an Assistant Secretary

  4  for Executive Services responsible for the provision of

  5  support to the agency through the management of human

  6  resources, research, planning and evaluation, and technology.

  7         3.(f)  The secretary shall appoint an Assistant

  8  Secretary for Community corrections, which shall provide

  9  responsible for coordination of community alternatives to

10  incarceration and operational oversight of community

11  corrections regions.

12         4.(g)  Administrative services, which shall provide The

13  secretary shall appoint an Assistant Secretary for

14  Administration, responsible for the budget and accounting

15  services activities within the department, including the

16  construction and maintenance of correctional institutions,

17  human-resource management, research, planning and evaluation,

18  and technology.

19         5.(h)  Program services, which shall provide for the

20  direct management and supervision of all departmental

21  programs, including The secretary shall appoint an Assistant

22  Secretary for Education and Job Training, responsible for the

23  coordination and delivery of education and job training to the

24  offenders in the custody of the department.

25         (4)  REGIONS.--The department shall plan and administer

26  its program of services for community corrections, security,

27  and institutional operations through regions through a maximum

28  of five regional offices.  The secretary shall establish the

29  geographical boundaries of each region.  In establishing each

30  region, the secretary shall, to the extent possible, follow

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    CS for SB 1742                                 First Engrossed



  1  the boundaries of the judicial circuits and balance the

  2  regions by geographical size or workload of the department.

  3         (a)  The secretary shall appoint regional directors who

  4  shall serve at the pleasure of the secretary.  Though

  5  organizationally located within the office of the Assistant

  6  Secretary for Security and Institutional Management for

  7  administrative purposes, the regional directors are

  8  accountable to the secretary for administration of all affairs

  9  under their jurisdiction. The secretary shall develop

10  performance agreements with each assistant secretary and

11  regional director each biennium.  Such agreements shall

12  evaluate the execution of the agency mission, strategic plan,

13  and performance budget measures and outcomes.

14         (b)  Each regional director shall appoint, with the

15  advice and consent of the secretary, the following offices

16  within the region.  Each shall be headed by a director and

17  shall be classified at a level of division director:

18         1.  Administration.

19         2.  Community Corrections.

20         3.  Executive Services.

21         4.  Security and Institutional Management.

22         5.  Health Care Administration.

23         6.  Education and Job Training.

24         (5)  ANNUAL REPORTING.--The department shall report

25  annually to the Governor, the President of the Senate, and the

26  Speaker of the House of Representatives recounting its

27  activities and making recommendations for improvements to the

28  performance of the department.

29         (6)  FLORIDA CORRECTIONS COMMISSION.--

30         (a)1.  The Florida Corrections Commission is hereby

31  created. The primary focus of the commission shall be on


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    CS for SB 1742                                 First Engrossed



  1  corrections; however, in those instances in which the policies

  2  of other components of the criminal justice system affect

  3  corrections, the commission shall advise and make

  4  recommendations.

  5         2.  The commission shall consist of nine members

  6  appointed by the Governor subject to confirmation by the

  7  Senate. The initial members of the commission shall be

  8  appointed by October 1, 1994. Members of the commission shall

  9  serve terms of 4 years each, except that four of the initial

10  members shall be appointed for terms of 2 years each. Members

11  must be appointed in such a manner as to equitably represent

12  all geographic areas of the state. Each member of the

13  commission must be a citizen and registered voter of the

14  state. A member of the commission shall represent the public

15  safety needs of the state as a whole and may not subordinate

16  the needs of the state to those of any particular area of the

17  state. The commission's membership should, to the extent

18  possible, contain persons who are knowledgeable about

19  construction, health care, information technology, education,

20  business, food services, law, and inmate and youthful offender

21  rehabilitation and services.

22         3.  The commission is assigned to the office of the

23  Secretary of Corrections for administrative and fiscal

24  accountability purposes, but it shall otherwise function

25  independently of the control and direction of the Department

26  of Corrections.

27         (b)  The primary functions of the commission are to:

28         1.  Recommend major correctional policies for the

29  Governor's approval, and assure that approved policies and any

30  revisions thereto are properly executed.

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    CS for SB 1742                                 First Engrossed



  1         2.  Periodically review the status of the state

  2  correctional system and recommend improvements therein to the

  3  Governor and the Legislature.

  4         3.  Annually perform an in-depth review of

  5  community-based intermediate sanctions and recommend to the

  6  Governor and the Legislature intergovernmental approaches

  7  through the Community Corrections Partnership Act for planning

  8  and implementing such sanctions and programs.

  9         4.  Perform an in-depth evaluation of the annual budget

10  request of the Department of Corrections, the comprehensive

11  correctional master plan, and the tentative construction

12  program for compliance with all applicable laws and

13  established departmental policies. The commission may not

14  consider individual construction projects, but shall consider

15  methods of accomplishing the department's goals in the most

16  effective, efficient, and businesslike manner.

17         5.  Routinely monitor the financial status of the

18  Department of Corrections to assure that the department is

19  managing revenue and any applicable bond proceeds responsibly

20  and in accordance with law and established policy.

21         6.  Evaluate, at least quarterly, the efficiency,

22  productivity, and management of the Department of Corrections,

23  using performance and production standards developed by the

24  department under subsection (18).

25         7.  Provide public education on corrections and

26  criminal justice issues.

27         8.  Report to the President of the Senate, the Speaker

28  of the House of Representatives, and the Governor by November

29  1 of each year.

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  1         (c)  The commission or a member thereof may not enter

  2  into the day-to-day operation of the Department of Corrections

  3  and is specifically prohibited from taking part in:

  4         1.  The awarding of contracts by the department.

  5         2.  The selection by the department of a consultant or

  6  contractor or the prequalification by the department of any

  7  individual consultant or contractor. However, the commission

  8  may recommend to the Secretary of Corrections standards and

  9  policies governing the procedure for selection and

10  prequalification of consultants and contractors.

11         3.  The selection by the department of a county for a

12  specific project.

13         4.  The selection by the department of a specific

14  location for a correctional facility.

15         5.  The employment, promotion, demotion, suspension,

16  transfer, or discharge of any departmental personnel.

17         6.  The enforcement of minimum standards for any county

18  or municipal detention facility.

19         (d)1.  The chair of the commission shall be selected by

20  the members for a term of 1 year.

21         2.  The commission shall hold a minimum of four regular

22  meetings annually, and other meetings may be called by the

23  chair upon giving at least 7 days' notice to all members and

24  the public pursuant to chapter 120. Meetings may also be held

25  upon the written request of at least four members, upon at

26  least 7 days' notice of such meeting being given to all

27  members and the public by the chair pursuant to chapter 120.

28  Emergency meetings may be held without notice upon the request

29  of all members. The meetings of the commission shall be held

30  in the central office of the Department of Corrections in

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  1  Tallahassee unless the chair determines that special

  2  circumstances warrant meeting at another location.

  3         3.  A majority of the membership of the commission

  4  constitutes a quorum at any meeting of the commission. An

  5  action of the commission is not binding unless the action is

  6  taken pursuant to an affirmative vote of a majority of the

  7  members present, but not fewer than four members of the

  8  commission must be present, and the vote must be recorded in

  9  the minutes of the meeting.

10         4.  The chair shall cause to be made a complete record

11  of the proceedings of the commission, which record shall be

12  open for public inspection.

13         (e)  The commission shall appoint an executive director

14  and an assistant executive director, who shall serve under the

15  direction, supervision, and control of the commission. The

16  executive director, with the consent of the commission, shall

17  employ such staff as are necessary to perform adequately the

18  functions of the commission, within budgetary limitations. All

19  employees of the commission are exempt from part II of chapter

20  110 and serve at the pleasure of the commission. The salaries

21  and benefits of all employees of the commission shall be set

22  in accordance with the Selected Exempt Service rules; however,

23  the commission shall have complete authority for fixing the

24  salaries of the executive director and the assistant executive

25  director. The executive director and staff of the Task Force

26  for Review of the Criminal Justice and Corrections System,

27  created under chapter 93-404, Laws of Florida, shall serve as

28  the staff for the commission until the commission hires an

29  executive director.

30         (f)  Members of the commission are entitled to per diem

31  and travel expenses pursuant to s. 112.061.


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    CS for SB 1742                                 First Engrossed



  1         (g)  A member of the commission may not have any

  2  interest, direct or indirect, in any contract, franchise,

  3  privilege, or other benefit granted or awarded by the

  4  department during the term of his or her appointment and for 2

  5  years after the termination of that appointment.

  6         (h)  The commission shall develop a budget pursuant to

  7  chapter 216. The budget is not subject to change by the

  8  department, but such budget shall be submitted to the Governor

  9  along with the budget of the department.

10         (7)  DEPARTMENTAL BUDGETS.--

11         (a)  The secretary shall develop and submit annually to

12  the Legislature a comprehensive departmental budget request

13  document. This summary document shall, for the purpose of

14  legislative appropriation, consist of four distinct budget

15  entities:

16         1.  Department Administration.

17         2.  Department Operations.

18         3.  Health Services.

19         4.  Education and Job Training.

20         (b)  The department shall revise its budget entity

21  designations to conform with the four distinct budget

22  entities, or to the such other budget entities as are

23  designated by the Executive Office of the Governor under

24  pursuant to s. 216.0235.  The department, consistent in

25  accordance with chapter 216, may shall transfer, as necessary,

26  funds and positions among budget entities to realign

27  appropriations with the revised budget entity designations.

28  Such authorized revisions must be consistent with the intent

29  of the approved operating budget. The various regional budget

30  requests developed shall be included in the comprehensive

31  department budget document.  The department shall periodically


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    CS for SB 1742                                 First Engrossed



  1  review the appropriateness of the budget entity designations

  2  and the adequacy of its delegated authority to transfer funds

  3  between entities and submit the reviews to the Governor's

  4  office of Planning and Budget.  To fulfill this

  5  responsibility, the secretary shall have the authority to

  6  review, amend, and approve the annual budget requests of all

  7  departmental activities. Recommendations on departmental

  8  budget priorities shall be furnished to the secretary by the

  9  deputy secretary, assistant secretaries, and regional

10  directors.

11         (c)  It is the responsibility of the Assistant

12  Secretary for Administration to promulgate the necessary

13  budget timetables, formats, and data requirements for all

14  departmental budget requests.  This shall be done in

15  accordance with statewide budget requirements of the Executive

16  Office of the Governor.

17         (d)  It is the responsibility of the regional directors

18  to develop an annual budget request to be reviewed, amended,

19  and approved by the secretary and incorporated into the agency

20  budget request.

21         (8)  PLACEMENT OF OFFENDERS.--The department shall

22  classify its programs according to the character and range of

23  services available for its clients. The department shall place

24  each offender in the program or facility most appropriate to

25  the offender's needs, subject to budgetary limitations and the

26  availability of space.

27         (9)  DISCHARGE FROM COMMITMENT.--When the law grants to

28  an agent, officer, or administrator of the Department of

29  Corrections the authority to make a discharge from commitment,

30  such authority shall be vested in the Secretary of Corrections

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    CS for SB 1742                                 First Engrossed



  1  or in any agent who, in his or her discretion, the secretary

  2  may authorize.

  3         (10)  FORM OF COMMITMENT; NOTICE OF PAROLE

  4  VIOLATION.--All commitments shall state the statutory

  5  authority therefor. The Secretary of Corrections shall have

  6  the authority to prescribe the form to be used for

  7  commitments.  Nothing in this act shall be construed to

  8  abridge the authority and responsibility of the Parole

  9  Commission with respect to the granting and revocation of

10  parole. The Department of Corrections shall notify the Parole

11  Commission of all violations of parole conditions and provide

12  reports connected thereto as may be requested by the

13  commission. The commission shall have the authority to issue

14  orders dealing with supervision of specific parolees, and such

15  orders shall be binding on all parties.

16         (11)  SINGLE INFORMATION AND RECORDS SYSTEM.--There

17  shall be only one offender-based information and records

18  system maintained by the Department of Corrections for the

19  joint use of the department and the Parole Commission. This

20  data system is managed through the Justice Data Center, which

21  is hereby transferred to the department under this act

22  pursuant to a type two transfer authorized under s. 20.06(2).

23  The department shall develop and maintain, in consultation

24  with the Criminal and Juvenile Justice Information Systems

25  Council under s. 943.08, such offender-based information

26  system designed to serve the needs of both the department and

27  the Parole Commission. The department shall notify the

28  commission of all violations of parole and the circumstances

29  thereof.

30         (12)  TRANSFER OF AUTHORITY.--All statutory functions

31  of the department not otherwise herein assigned to a specific


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    CS for SB 1742                                 First Engrossed



  1  unit of the department are assigned generally to the

  2  department and may be allocated and reallocated by the

  3  secretary to an authorized unit of the department.

  4         (13)  PURCHASE OF SERVICES.--Whenever possible, the

  5  department, in accordance with the established program

  6  objectives and performance criteria, may contract for the

  7  provision of services by counties, municipalities, nonprofit

  8  corporations, and other entities capable of providing needed

  9  services, if services so provided are more cost-efficient,

10  cost-effective, or timely than those provided by the

11  department or available to it under existing law.

12         Section 2.  Section 944.31, Florida Statutes, is

13  amended to read:

14         944.31  Inspector general; inspectors; power and

15  duties.--The inspector general shall be responsible for prison

16  inspection and investigation, internal affairs investigations,

17  inmate grievances, and management reviews. The office of the

18  inspector general shall be charged with the duty of inspecting

19  the penal and correctional systems of the state. The office of

20  the inspector general shall inspect each correctional

21  institution or any place in which state prisoners are housed,

22  worked, or kept within the state, with reference to its

23  physical conditions, cleanliness, sanitation, safety, and

24  comfort; the quality and supply of all bedding; the quality,

25  quantity, and diversity of food served and the manner in which

26  it is served; the number and condition of the prisoners

27  confined therein; and the general conditions of each

28  institution. The office of inspector general shall see that

29  all the rules and regulations issued by the department are

30  strictly observed and followed by all persons connected with

31  the correctional systems of the state.  The office of the


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  1  inspector general shall coordinate and supervise the work of

  2  inspectors throughout the state. The inspector general and

  3  inspectors may enter any place where prisoners in this state

  4  are kept and shall be immediately admitted to such place as

  5  they desire and may consult and confer with any prisoner

  6  privately and without molestation.  The inspector general and

  7  inspectors shall be responsible for criminal and

  8  administrative investigation of matters relating to the

  9  Department of Corrections. In such investigations, the

10  inspector general and inspectors may consult and confer with

11  any prisoner or staff member privately and without molestation

12  and shall have the authority to detain any person for

13  violations of the criminal laws of the state. Such detention

14  shall be made only on properties owned or leased by the

15  department, and the detained person shall be surrendered

16  without delay to the sheriff of the county in which the

17  detention is made, with a formal complaint subsequently made

18  against her or him in accordance with law.

19         Section 3.  Section 944.331, Florida Statutes, is

20  amended to read:

21         944.331  Inmate grievance procedure.--The department

22  shall establish by rule an inmate grievance procedure that

23  must which shall conform to the Minimum Standards for Inmate

24  Grievance Procedures as promulgated by the United States

25  Department of Justice pursuant to 42 U.S.C. s. 1997e. The

26  department's office of general counsel shall oversee the

27  grievance procedures established by the department.

28         Section 4.  Subsection (7) of section 944.10, Florida

29  Statutes, 1998 Supplement, is amended to read:

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    CS for SB 1742                                 First Engrossed



  1         944.10  Department of Corrections to provide buildings;

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

  3  inmate labor.--

  4         (7)  The department may enter into contracts with

  5  federal, state, or local governmental entities or subdivisions

  6  to provide services and inmate labor for the construction of

  7  buildings, parks, roads, any detention or commitment

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

  9  the Department of Corrections, which includes may include, but

10  is not limited to, the planning, design, site acquisition or

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

12  department may charge fees for providing such services. All

13  fees collected must be placed in the Correctional Work Program

14  Trust Fund.

15         Section 5.  Section 944.40, Florida Statutes, is

16  amended to read:

17         944.40  Escapes; penalty.--Any prisoner confined in any

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

19  other penal institution, whether operated by the state, a

20  county, or a municipality, or operated under a contract with

21  the state, a county, or a municipality municipal, working upon

22  the public roads, or being transported to or from a place of

23  confinement who escapes or attempts to escape from such

24  confinement commits shall be guilty of a felony of the second

25  degree, punishable as provided in s. 775.082, s. 775.083, or

26  s. 775.084. The punishment of imprisonment imposed under this

27  section shall run consecutive to any former sentence imposed

28  upon any prisoner.

29         Section 6.  Subsection (8) of section 957.04, Florida

30  Statutes, is amended to read:

31         957.04  Contract requirements.--


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    CS for SB 1742                                 First Engrossed



  1         (8)  For the 1996-1997 fiscal year only, the

  2  Correctional Privatization Commission may expend appropriated

  3  funds to assist in defraying impact costs that are incurred by

  4  a municipality or county and are associated with the opening

  5  and operating of a facility under the authority of the

  6  commission and within that municipality or county.  The amount

  7  that may be paid under this subsection for any facility may

  8  not exceed 1 percent of the facility construction cost, less

  9  any building and construction impact fees imposed during the

10  permitting process for the facility.  This subsection applies

11  only to facilities contracted under the authority of the

12  1996-1997 General Appropriations Act.  This subsection is

13  repealed on July 1, 1997. Buildings and other improvements to

14  real property which are financed under paragraph (2)(a) and

15  which are leased to the Correctional Privatization Commission

16  are considered to be owned by the Correctional Privatization

17  Commission for the purposes of this section whereby the terms

18  of the lease, the buildings, and other improvements will

19  become the property of the state at the expiration of the

20  lease. For any facility that is bid and built under the

21  authority of requests for proposals made by the Correctional

22  Privatization Commission between December 1993 and October

23  1994 and that is operated by a private vendor, a payment in

24  lieu of taxes, from funds appropriated for the Correctional

25  Privatization Commission, shall be paid until the expiration

26  of the lease to local taxing authorities in the local

27  government in which the facility is located in an amount equal

28  to the ad valorem taxes assessed by counties, municipalities,

29  school districts, and special districts.

30         Section 7.  The Division of Statutory Revision is

31  requested to prepare a reviser's bill that changes the term


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    CS for SB 1742                                 First Engrossed



  1  "superintendent" to "warden" wherever it appears in sections

  2  110.205, 112.531, 121.0515(2)(c), 790.001, 922.052, 922.11,

  3  922.12, and 922.15, and chapters 944, 945, 946, and 947,

  4  Florida Statutes, and the term "superintendent" in section

  5  112.3145(1)(b)4., Florida Statutes, as it related to

  6  corrections, training, treatment, or rehabilitation.

  7         Section 8.  Subsection (7) is added to section 944.09,

  8  Florida Statutes, 1998 Supplement, to read:

  9         944.09  Rules of the department; offenders,

10  probationers, and parolees.--

11         (7)  The department may take a digitized photograph of

12  any inmate or offender under its supervision.

13         Section 9.  Paragraph (r) is added to subsection (1) of

14  section 944.09, Florida Statutes, 1998 Supplement, to read:

15         944.09  Rules of the department; offenders,

16  probationers, and parolees.--

17         (1)  The department has authority to adopt rules

18  pursuant to ss. 120.536(1) and 120.54 to implement its

19  statutory authority. The rules must include rules relating to:

20         (r)  The function and duties of employees working in

21  the area of community corrections and the operations of

22  probation field and administrative offices.

23         Section 10.  Paragraph (l) of subsection (2) of section

24  110.205, Florida Statutes, is amended to read:

25         110.205  Career service; exemptions.--

26         (2)  EXEMPT POSITIONS.--The exempt positions which are

27  not covered by this part include the following, provided that

28  no position, except for positions established for a limited

29  period of time pursuant to paragraph (h), shall be exempted if

30  the position reports to a position in the career service:

31


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    CS for SB 1742                                 First Engrossed



  1         (l)  All assistant division director, deputy division

  2  director, and bureau chief positions in any department, and

  3  those positions determined by the department to have

  4  managerial responsibilities comparable to such positions,

  5  which positions include, but are not limited to, positions in

  6  the Department of Children and Family Health and

  7  Rehabilitative Services and the Department of Corrections that

  8  are assigned primary duties of serving as the superintendent

  9  or assistant superintendent of an institution; positions in

10  the Department of Corrections that are assigned primary duties

11  of serving as the circuit administrator or deputy circuit

12  administrator;: positions in the Department of Transportation

13  that are assigned primary duties of serving as regional toll

14  managers and managers of offices as defined in s.

15  20.23(3)(d)3. and (4)(d); positions in the Department of

16  Environmental Protection that are assigned the duty of an

17  Environmental Administrator or program administrator; and

18  positions in the Department of Health and Rehabilitative

19  Services that are assigned the duty of an Environmental

20  Administrator. Unless otherwise fixed by law, the department

21  shall set the salary and benefits of these positions in

22  accordance with the rules established for the Selected Exempt

23  Service.

24         Section 11.  (1)  The Office of Program Policy Analysis

25  and Government Accountability shall conduct a performance

26  review of the Department of Corrections' reorganization

27  efforts pursuant to the passage of HB 2161 or any similar

28  legislation passed in the 1999 Legislative session.

29         (2)  The review shall describe the methods and goals of

30  the department's reorganization efforts and determine

31  immediate and long term effects of such efforts upon


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    CS for SB 1742                                 First Engrossed



  1  department personnel and, to the extent possible, the

  2  operational effectiveness and accountability of the department

  3  anticipated by reorganization efforts.

  4         (3)  The Office of Program Policy Analysis and

  5  Governmental Accountability shall conduct the review in

  6  consultation with staff from the Governor's Office of Planning

  7  and Budgeting, the Florida Corrections Commission, the

  8  Correctional Medical Authority, and appropriate substantive

  9  and fiscal committees of the Senate and House of

10  Representatives.

11         (4)  The Office of Program Policy Analysis and

12  Governmental Accountability shall submit a report to the

13  Governor, the President of the Senate and the Speaker of the

14  House of Representatives with findings and recommendations no

15  later than December 31, 2000.

16         Section 12.  (1)  In implementing the reorganization of

17  the Department of Corrections pursuant to HB 2161 or any

18  similar legislation passed in the 1999 legislative session, it

19  is the intent of the Legislature that, to the extent possible,

20  no employee of the department shall lose their job as a result

21  of the realignment of job functions anticipated by the

22  reorganization plan.

23         (2)  Furthermore, although no employee of the

24  department will be required to change job locations due to

25  reorganization efforts, employees of the department may choose

26  to be reassigned to another position at their current job

27  location or accept other opportunities at other locations with

28  the department.

29         (3)  No employee of the department shall receive a

30  reduction in salary as a result of reorganization efforts and

31  all personnel actions made as a result of reorganization


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    CS for SB 1742                                 First Engrossed



  1  efforts shall be in accordance with career service rules and

  2  regulations.

  3         Section 13.  Section  944.8031, Florida Statutes, is

  4  created to read:

  5         944.8031  Inmate's family visitation; legislative

  6  intent; minimum services provided to visitors; budget

  7  requests.--

  8         (1)  The Legislature finds that maintaining an inmate's

  9  family and community relationships through enhancing visitor

10  services and programs and increasing the frequency and quality

11  of the visits is an underutilized correctional resource that

12  can improve an inmate's behavior in the correctional facility

13  and, upon an inmate's release from a correctional facility,

14  will help to reduce recidivism.

15         (2)  The department shall provide, at a minimum, the

16  following services at designated visiting areas for approved

17  visitors in state correctional facilities:

18         (a)  Information relating to applicable visiting

19  regulations, dress codes, and visiting procedures.

20         (b)  A sheltered area, outside the security perimeter,

21  for visitors waiting before and after visiting inmates.

22         (c)  Food services with food choices which are

23  nutritious and acceptable for children and youth visitors.

24         (d)  Minimal equipment and supplies which assist staff

25  and visitors in managing and occupying the time and meeting

26  the needs of children and youth visitors.

27         (3)  Upon determining any deficiencies and barriers to

28  the effective and efficient operation of the department's

29  visitation program and services, the secretary shall submit

30  annual budget requests identifying capital improvements,

31  staffing, and programmatic needs necessary to improve the


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    CS for SB 1742                                 First Engrossed



  1  quality and frequency of family visits and the visitation

  2  program and services.

  3         Section 14.  Paragraphs (a), (b), and (c) of subsection

  4  (1) of section 945.215, Florida Statutes, 1998 Supplement, are

  5  amended to read:

  6         945.215  Inmate welfare and employee benefit trust

  7  funds.--

  8         (1)  INMATE WELFARE TRUST FUND;  DEPARTMENT OF

  9  CORRECTIONS.--

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

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

12  incarcerated in correctional facilities operated directly by

13  the department and for visitation and family programs and

14  services in such correctional facilities. Funds shall be

15  credited to the trust fund as follows:

16         1.  All funds held in any auxiliary, canteen, welfare,

17  or similar fund in any correctional facility operated directly

18  by the department.

19         2.  All net proceeds from operating inmate canteens,

20  vending machines used primarily by inmates and visitors, hobby

21  shops, and other such facilities; however, funds necessary to

22  purchase items for resale at inmate canteens and vending

23  machines must be deposited into local bank accounts designated

24  by the department.

25         3.  All proceeds from contracted telephone commissions.

26  The department shall develop and update, as necessary,

27  administrative procedures to verify that:

28         a.  Contracted telephone companies accurately record

29  and report all telephone calls made by inmates incarcerated in

30  correctional facilities under the department's jurisdiction;

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    CS for SB 1742                                 First Engrossed



  1         b.  Persons who accept collect calls from inmates are

  2  charged the contracted rate; and

  3         c.  The department receives the contracted telephone

  4  commissions.

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

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

  7  service organization; however, the department shall not accept

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

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

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

11  Trust Fund for correctional work programs pursuant to s.

12  946.008.

13         6.  All proceeds from:

14         a.  The confiscation and liquidation of any contraband

15  found upon, or in the possession of, any inmate;

16         b.  Disciplinary fines imposed against inmates;

17         c.  Forfeitures of inmate earnings; and

18         d.  Unexpended balances in individual inmate trust fund

19  accounts of less than $1.

20         7.  All interest earnings and other proceeds derived

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

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

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

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

25  not needed for immediate use.

26         (b)  Funds in the Inmate Welfare Trust Fund must be

27  used exclusively for the following purposes at correctional

28  facilities operated directly by the department:

29         1.  To operate inmate canteens and vending machines,

30  including purchasing items for resale at inmate canteens and

31  vending machines; employing personnel and inmates to manage,


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    CS for SB 1742                                 First Engrossed



  1  supervise, and operate inmate canteens and vending machines;

  2  and covering other operating and fixed capital outlay expenses

  3  associated with operating inmate canteens and vending

  4  machines;

  5         2.  To employ personnel to manage and supervise the

  6  proceeds from telephone commissions;

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

  8  copayment accounting system;

  9         4.  To provide literacy programs, vocational training

10  programs, and educational programs that comply with standards

11  of the Department of Education, including employing personnel

12  and covering other operating and fixed capital outlay expenses

13  associated with providing such programs;

14         5.  To operate inmate chapels, faith-based programs,

15  visiting pavilions, visiting services and programs, family

16  services and programs, libraries, and law libraries, including

17  employing personnel and covering other operating and fixed

18  capital outlay expenses associated with operating inmate

19  chapels, faith-based programs, visiting pavilions, visiting

20  services and programs, family services and programs,

21  libraries, and law libraries;

22         6.  To provide for expenses associated with various

23  inmate clubs;

24         7.  To provide for expenses associated with legal

25  services for inmates;

26         8.  To provide inmate substance abuse treatment

27  programs and transition and life skills training programs,

28  including employing personnel and covering other operating and

29  fixed capital outlay expenses associated with providing such

30  programs.

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    CS for SB 1742                                 First Engrossed



  1         (c)  The Legislature shall annually appropriate the

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

  3  intent of the Legislature that total annual expenditures for

  4  providing literacy programs, vocational training programs, and

  5  educational programs exceed the combined total annual

  6  expenditures for operating inmate chapels, faith-based

  7  programs, visiting pavilions, visiting services and programs,

  8  family services and programs, libraries, and law libraries,

  9  covering expenses associated with inmate clubs, and providing

10  inmate substance abuse treatment programs and transition and

11  life skills training programs.

12         Section 15.  No later than July 1, 1999, the Gadsden

13  Correctional Institution, currently operated under a contract

14  between the Department of Corrections and the Corrections

15  Corporation of America pursuant to sections 944.710-944.72,

16  Florida Statutes, shall be transferred to the Correctional

17  Privatization Commission created in chapter 957, Florida

18  Statutes, to be the sole contract manager and monitor for that

19  facility.

20         Section 16.  Section 944.115, Florida Statutes, is

21  created to read:

22         944.115  Smoking prohibited inside state correctional

23  facilities.--

24         (1)  The purpose of this section is to protect the

25  health, comfort, and environment of employees of the

26  Department of Corrections, employees of privately operated

27  correctional facilities, employees of the Correctional

28  Privatization Commission, and inmates by prohibiting inmates

29  from using tobacco products inside any office or building

30  within state correctional facilities, and by ensuring that

31  employees and visitors do not use tobacco products inside any


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    CS for SB 1742                                 First Engrossed



  1  office or building within state correctional facilities.

  2  Scientific evidence links the use of tobacco products with

  3  numerous significant health risks. The use of tobacco products

  4  by inmates, employees, or visitors is contrary to efforts by

  5  the Department of Corrections to reduce the cost of inmate

  6  health care and to limit unnecessary litigation. The

  7  Department of Corrections and the private vendors operating

  8  correctional facilities shall make smoking-cessation

  9  assistance available to inmates in order to implement this

10  section. The Department of Corrections and the private vendors

11  operating correctional facilities shall implement this section

12  as soon as possible, and all provisions of this section must

13  be fully implemented by January 1, 2000.

14         (2)  As used in this section, the term:

15         (a)  "Department" means the Department of Corrections.

16         (b)  "Employee" means an employee of the department or

17  a private vendor in a contractual relationship with either the

18  Department of Corrections or the Correctional Privatization

19  Commission, and includes persons such as contractors,

20  volunteers, or law enforcement officers who are within a state

21  correctional facility to perform a professional service.

22         (c)  "State correctional facility" means a state or

23  privately operated correctional institution as defined in s.

24  944.02, or a correctional institution or facility operated

25  under s. 944.105 or chapter 957.

26         (d)  "Tobacco products" means items such as cigars,

27  cigarettes, snuff, loose tobacco, or similar goods made with

28  any part of the tobacco plant, which are prepared or used for

29  smoking, chewing, dipping, sniffing, or other personal use.

30         (e)  "Visitor" means any person other than an inmate or

31  employee who is within a state correctional facility for a


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    CS for SB 1742                                 First Engrossed



  1  lawful purpose and includes, but is not limited to, persons

  2  who are authorized to visit state correctional institutions

  3  pursuant to s. 944.23 and persons authorized to visit as

  4  prescribed by departmental rule or vendor policy.

  5         (f)  "Prohibited areas" means any indoor areas of any

  6  building, portable, or other enclosed structure within a state

  7  correctional facility. The secretary of the department may, by

  8  rule, designate other areas, including vehicles, as

  9  "prohibited areas" to be regulated under this section. Neither

10  employee housing on the grounds of a state correctional

11  facility nor maximum security inmate housing areas may be

12  designated as prohibited areas under this section. 

13         (3)(a)  An inmate within a state correctional facility

14  may not use tobacco products in prohibited areas at any time

15  while in the custody of the department or under the

16  supervision of a private vendor operating a correctional

17  facility.

18         (b)1.  An employee or visitor may not use any tobacco

19  products in prohibited areas.

20         2.  The superintendent, warden, or supervisor of a

21  state correctional facility shall take reasonable steps to

22  ensure that the tobacco prohibition for employees and visitors

23  is strictly enforced.

24         (4)  An inmate who violates this section commits a

25  disciplinary infraction and is subject to punishment

26  determined to be appropriate by the disciplinary authority in

27  the state correctional facility, including, but not limited

28  to, forfeiture of gain-time or the right to earn gain-time in

29  the future under s. 944.28.

30         (5)  The department may adopt rules and the private

31  vendors operating correctional facilities may adopt policies


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    CS for SB 1742                                 First Engrossed



  1  and procedures for the implementation of this section, the

  2  designation of prohibited areas and smoking areas, and for the

  3  imposition of the following penalties:

  4         (a)  Inmates who violate this section will be subject

  5  to disciplinary action as provided by rule and in accordance

  6  with this section.

  7         (b)  Employees who violate this section will be subject

  8  to disciplinary action as provided by rule.

  9         (c)  Visitors who violate this section will be subject

10  to removal of authorization to enter a correctional facility

11  as provided by rule.

12         Section 17.  This act shall take effect upon becoming a

13  law.

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