House Bill 0617

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    Florida House of Representatives - 1999                 HB 617

        By Representative Kilmer






  1                      A bill to be entitled

  2         An act relating to state correctional

  3         facilities; creating s. 957.19, F.S.;

  4         authorizing the Department of Corrections to

  5         submit a bid to the Correctional Privatization

  6         Commission to finance, construct, and operate a

  7         correctional facility; providing for the

  8         department to operate such a facility under the

  9         same conditions allowed for a private vendor;

10         requiring that the commission select the lowest

11         cost-responsive bid for such a facility;

12         providing for the department to have sole

13         authority over the operation of the facility if

14         awarded the contract; amending s. 957.03, F.S.,

15         relating to the Correctional Privatization

16         Commission; providing additional duties of the

17         commission; providing requirements for the

18         invitations to bid issued by the commission;

19         prohibiting a private vendor, the Department of

20         Corrections, or a state political subdivision

21         from housing out-of-state inmates who have been

22         convicted of certain felonies involving the use

23         or threat of violence; providing an effective

24         date.

25

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

27

28         Section 1.  Section 957.19, Florida Statutes, is

29  created to read:

30         957.19  Bids by the department; funding for inmate per

31  diem.--

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    Florida House of Representatives - 1999                 HB 617

    718-101A-99






  1         (1)  Whenever the commission is authorized by the

  2  Legislature to enter into a contract, or whenever the

  3  commission renews an existing contract, for the designing,

  4  acquiring, financing, leasing, constructing, or operating of a

  5  correctional facility pursuant to this chapter, and

  6  notwithstanding any other law to the contrary, the department

  7  may submit a bid to the commission in accordance with chapter

  8  287. The commission shall give the department's bid and

  9  proposal the same consideration afforded to any private firm

10  or contractor as required under this chapter.

11         (2)  Notwithstanding chapter 944, chapter 945, or

12  chapter 946, the department may develop a bid and proposal to

13  operate a facility with the same management tools and

14  operating conditions that are allowed for private vendors

15  under contract with the commission, including, but not limited

16  to, the air conditioning of inmate housing areas, the purchase

17  of recreational equipment and facilities, permitted reading

18  materials for inmates, the use of televisions, the use of

19  inmate labor for chain gangs and other public works, the

20  limitations on inmate transportation and health care costs,

21  and the types of inmates received at the facility.

22         (3)  In evaluating bids and proposals, the commission

23  must select the lowest cost-responsive bid.

24         (4)  If the department's bid is the lowest

25  cost-responsive bid, all funds and control of the project

26  shall be under the sole authority of the department following

27  the award of the contract. The bid submitted by the department

28  shall be the basis for the inmate per diem requested to be

29  funded by the Legislature, and the department shall include in

30  its bid and inmate per diem all costs, including salaries and

31  benefits for the staff at the facility. Any adjustment in

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    Florida House of Representatives - 1999                 HB 617

    718-101A-99






  1  payments for inmate per-diem costs must be approved by the

  2  Legislature.

  3         Section 2.  Subsections (1) and (4) of section 957.03,

  4  Florida Statutes, are amended to read:

  5         957.03  Correctional Privatization Commission.--

  6         (1)  COMMISSION.--

  7         (a)  The Correctional Privatization Commission is

  8  created for the purpose of:

  9         1.  Entering into contracts with contractors for the

10  designing, financing, acquiring, leasing, constructing, and

11  operating of private correctional facilities; and

12         2.  Evaluating and determining the lowest

13  cost-responsive bids submitted by private vendors or the

14  department to finance, construct, and operate correctional

15  facilities authorized by the Legislature.

16         (b)  For administrative purposes, the commission is

17  created within the Department of Management Services.

18         (c)  The commission may enter into contracts with

19  contractors for the designing, financing, acquiring, leasing,

20  and constructing of private juvenile commitment facilities.

21         (4)  DUTIES.--

22         (a)  The commission shall enter into a contract or

23  contracts with one contractor per facility for the designing,

24  acquiring, financing, leasing, constructing, and operating of

25  that facility or, if specifically authorized by the

26  Legislature, separately contract for any such services.  The

27  commission shall not enter into any contract to design,

28  acquire, finance, lease, construct, or operate more than two

29  private correctional facilities without specific legislative

30  authorization.

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    Florida House of Representatives - 1999                 HB 617

    718-101A-99






  1         (b)  In its request for proposals, the commission shall

  2  invite innovation and shall not require use of prototype

  3  designs of state correctional facilities specified or designed

  4  by or for the department or of state juvenile facilities

  5  specified or designed by or for the Department of Juvenile

  6  Justice.  The commission shall not require the use of any

  7  prototype design that specially advantages any contractor.

  8         (c)  The invitations to bid issued by the commission

  9  must allow the department and private vendors to respond for

10  the financing, construction, and operation of a correctional

11  facility. The commission shall evaluate the responses to the

12  invitation to bid and determine the lowest cost-responsive

13  bid.

14         (d)(c)  The commission must report to the Speaker of

15  the House of Representatives and the President of the Senate

16  by December 1 each year on the status and effectiveness of the

17  facilities under its management.  Each report must also

18  include a comparison of recidivism rates for inmates of

19  private correctional facilities to the recidivism rates for

20  inmates of comparable facilities managed by the department.

21         Section 3.  Notwithstanding any other law, a private

22  vendor that operates a private correctional facility under

23  contract with the Correctional Privatization Commission, the

24  department, or a political subdivision of the state may not

25  house any out-of-state inmate who has been convicted of

26  committing, or attempting to commit:  escape; murder;

27  manslaughter; sexual battery; carjacking; home-invasion

28  robbery; robbery; burglary; arson; kidnapping; aggravated

29  assault; aggravated battery; aggravated stalking; aircraft

30  piracy; unlawfully throwing, placing, or discharging a

31  destructive device or bomb; treason; or any other felony that

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    Florida House of Representatives - 1999                 HB 617

    718-101A-99






  1  involved the use or threat of physical force or violence

  2  against any individual.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

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  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Authorizes the Department of Corrections to submit bids
  9    to the Correctional Privatization Commission to construct
      and operate correctional facilities. Provides that the
10    department may operate a facility under the same
      operating conditions that are authorized for a private
11    vendor. Requires that the commission award contracts for
      the lowest cost-responsive bid. Prohibits a private
12    vendor, the department, or any political subdivision from
      accepting inmates from out of state who have been
13    convicted of certain felonies that involve the use of
      physical force or violence.
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