Senate Bill 0734c1

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    Florida Senate - 1999                            CS for SB 734

    By the Committee on Criminal Justice and Senator Brown-Waite





    307-1763-99

  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         act by a specified date; providing definitions;

10         prohibiting an inmate within a state

11         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 state correctional facilities, and by ensuring that

31  employees and visitors do not use tobacco products inside any

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    Florida Senate - 1999                            CS for SB 734
    307-1763-99




  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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    Florida Senate - 1999                            CS for SB 734
    307-1763-99




  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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    Florida Senate - 1999                            CS for SB 734
    307-1763-99




  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 2.  This act shall take effect upon becoming a

13  law.

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 734

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18  -     Shifts the prohibition against indoor smoking in prisons
          from chapter 386, the Clean Indoor Air Act, to chapter
19        944.

20  -     Deletes the inclusion of "state correctional facilities"
          in the definition of "public places" in the Clean Indoor
21        Air Act.

22  -     Broadens the rule-making authority of the department to
          implement the bill, to impose penalties on persons who
23        use tobacco in prohibited areas in state-operated and
          privately operated facilities, and to designate
24        additional "prohibited areas" for tobacco use.

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