Senate Bill 2392
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2392
By Senator Campbell
33-1399-99 See HB
1 A bill to be entitled
2 An act relating to correctional work programs;
3 amending s. 946.40, F.S.; revising provisions
4 relating to the use of prisoners in public
5 works; specifying types of work to be performed
6 under agreements for the use of inmate labor
7 between the Department of Corrections and a
8 political subdivision of the state; requiring
9 the department to enter into such agreements;
10 specifying the entities which may request the
11 department to provide inmate labor; providing a
12 restriction; providing a limit on the number of
13 inmate laborers to be provided pursuant to a
14 request; requiring the department to provide
15 supervision of such inmates; providing that
16 work performed by inmates shall be without
17 charge or expense; providing exceptions;
18 providing a restriction on eligibility for an
19 inmate labor program; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 946.40, Florida Statutes, is
25 amended to read:
26 946.40 Use of prisoners in public works.--
27 (1)(a) The Department of Corrections shall, subject to
28 the availability of funds appropriated for that purpose, and,
29 in the absence of such funds, may, enter into agreements with
30 such political subdivisions in the state, as defined by s.
31 1.01(8), including municipalities; with such agencies and
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2392
33-1399-99 See HB
1 institutions of the state; and with such nonprofit
2 corporations as might use the services of inmates of
3 correctional institutions and camps when it is determined by
4 the department that such services will not be detrimental to
5 the welfare of such inmates or the interests of the state in a
6 program of rehabilitation.
7 (b) Agreements entered into between the department and
8 a political subdivision of the state may provide for:
9 1. The maintenance of county roads and rights-of-way
10 not under the jurisdiction of the Department of
11 Transportation.
12 2. The removal of litter on public grounds,
13 rights-of-way, lakes, streams, and the shores of lakes and
14 streams.
15 3. The removal of litter on highways, rights-of-way,
16 and road shoulders under the jurisdiction of the Department of
17 Transportation.
18 (c) The department shall furnish inmate labor when
19 available, as authorized under this section, for state,
20 municipal, and county roads, highways, streets, and
21 rights-of-way when requested by the sheriff of any county, the
22 chief of police of any municipality, or the governing body of
23 the county or municipality in which the road, highway, street,
24 or right-of-way is located. The department shall also furnish
25 such inmate labor when available, as authorized under this
26 section, for state highways, road shoulders, and rights-of-way
27 when requested by the Department of Transportation. The
28 governing body of a county or municipality, sheriff of a
29 county, or chief of police of a municipality shall not request
30 such inmate labor unless it has first determined that the use
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2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2392
33-1399-99 See HB
1 of inmate labor will not result in the displacement of
2 employed workers in the community.
3 (d) An agreement entered into between the department
4 and a political subdivision of the state pursuant to a request
5 for the use of inmate services as provided in paragraph (c)
6 shall be limited to the use of no more than 20 inmates and
7 shall provide for supervision of such inmates by the
8 department. An agreement for use of fewer than 15 minimum
9 custody inmates and medium custody inmates may provide that
10 supervision will be either by the department or by the
11 political subdivision, institution, nonprofit corporation, or
12 agency using the inmates. The department is authorized to
13 adopt rules governing work and supervision of inmates used in
14 public works projects, which rules shall include, but shall
15 not be limited to, the proper screening and supervision of
16 such inmates. Inmates may be used for these purposes without
17 being accompanied by a correctional officer, provided the
18 political subdivision, municipality, or agency of the state or
19 the nonprofit corporation provides proper supervision pursuant
20 to the rules of the Department of Corrections.
21 (2) All work performed by inmates pursuant to this
22 section shall be performed without charge or expense to the
23 political subdivision requesting such work, except for
24 transportation costs of the inmate labor unit and costs of
25 materials utilized in any maintenance performed. The budget of
26 the department may be reimbursed from the budget of any state
27 agency or state institution for the services of inmates and
28 personnel of the department in such amounts as may be
29 determined by agreement between the department and the head of
30 such agency or institution. However, No political subdivision
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3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2392
33-1399-99 See HB
1 of the state shall be required to reimburse the department for
2 such services.
3 (3) The department shall not be required to provide
4 supervision for minimum custody inmates or medium custody
5 inmates unless there is adequate notice of the need for the
6 services of at least 15 such inmates.
7 (4) No person convicted of sexual battery pursuant to
8 s. 794.011 is eligible for any program under the provisions of
9 this section.
10 (5) No person under 18 years of age is eligible for
11 any program under the provisions of this section.
12 Section 2. This act shall take effect October 1, 1999.
13
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15 HOUSE SUMMARY
16
Revises provisions relating to the use of prisoners in
17 public works, to specify types of work to be performed
under agreements for the use of inmate labor between the
18 Department of Corrections and a political subdivision of
the state. Requires the department to enter into such
19 agreements. Specifies the entities which may request the
department to provide inmate labor. Provides a
20 restriction on such use. Provides a limit on the number
of inmate laborers to be provided pursuant to a request.
21 Requires the department to provide supervision of such
inmates. Provides that work performed by inmates shall be
22 without charge or expense and provides exceptions.
Provides a restriction on eligibility for an inmate labor
23 program.
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