House Bill 0331c1

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    Florida House of Representatives - 1999              CS/HB 331

        By the Committee on Corrections and Representatives
    Trovillion and Kosmas





  1                      A bill to be entitled

  2         An act relating to state correctional

  3         facilities; creating s. 944.115, F.S.;

  4         providing legislative intent; requiring the

  5         Department of Corrections and private vendors

  6         operating state correctional facilities to make

  7         smoking-cessation assistance available to

  8         inmates; requiring full implementation of the

  9         section by a specified date; providing

10         definitions; prohibiting an inmate within a

11         state correctional facility from using tobacco

12         products in prohibited areas; prohibiting

13         employees or visitors from using tobacco

14         products in prohibited areas; providing

15         penalties; authorizing the department to adopt

16         rules; providing an effective date.

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

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20         Section 1.  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 any state correctional facility and by ensuring that

31  employees and visitors do not use tobacco products inside any

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    Florida House of Representatives - 1999              CS/HB 331

    180-419-99






  1  office or building within any state correctional facility.

  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 or the Correctional Privatization Commission and

19  includes persons such as contractors, volunteers, or law

20  enforcement officers who are within a state correctional

21  facility to perform a professional service.

22         (c)  "Prohibited areas" means any indoor areas of any

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

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

25  rule, designate other areas, including vehicles, as

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

27  employee housing on the grounds of a state correctional

28  facility nor maximum security inmate housing areas may be

29  designated as prohibited areas under this section.

30         (d)  "State correctional facility" means a state or

31  privately operated correctional institution as defined in s.

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    Florida House of Representatives - 1999              CS/HB 331

    180-419-99






  1  944.02 or a correctional institution or facility operated

  2  under s. 944.105 or chapter 957.

  3         (e)  "Tobacco products" means items such as cigars,

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

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

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

  7         (f)  "Visitor" means any person other than an inmate or

  8  employee who is within a state correctional facility for a

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

10  who are authorized to visit state correctional institutions

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

12  prescribed by departmental rule or vendor policy.

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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    Florida House of Representatives - 1999              CS/HB 331

    180-419-99






  1  and procedures pursuant thereto, for the implementation of

  2  this section, the designation of prohibited areas and smoking

  3  areas, and the imposition of the following penalties:

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

  5  to disciplinary action as provided by rule and in accordance

  6  with this section.

  7         (b)  Employees who violate this section shall be

  8  subject to disciplinary action as provided by rule.

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

10  to removal of authorization to enter a correctional facility

11  as provided by rule.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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