CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Trovillion offered the following:

12

13         Amendment to Amendment (665917) (with title amendment) 

14         On page 10, line 1, of the amendment

15

16  insert:  Section 3.  Subsections (2), (3), and (4) of section

17  946.502, Florida Statutes, are amended to read:

18         946.502  Legislative intent with respect to operation

19  of correctional work programs.--

20         (2)  It is further the intent of the Legislature that,

21  once one such nonprofit corporation is organized, no other

22  nonprofit corporation be organized for the purpose of carrying

23  out this part ss. 946.502-946.518.  In carrying out this part

24  ss. 946.502-946.518, the corporation is not an "agency" within

25  the meaning of s. 20.03(11).

26         (3)  It is further the intent of the Legislature that,

27  by July 1, 1985, the corporation shall lease have leased all

28  correctional work programs from the department.

29         (4)  It is further the intent of the Legislature that

30  the state shall have a continuing interest in assuring

31  continuity and stability in the operation of correctional work

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  programs and that this part ss. 946.502-946.518 be construed

 2  in furtherance of such goals.

 3         Section 4.  Section 946.5025, Florida Statutes, is

 4  amended to read:

 5         946.5025  Authorization of corporation to enter into

 6  contracts.--The corporation established under this part

 7  chapter may enter into contracts to operate correctional work

 8  programs with any county or municipal authority that operates

 9  a correctional facility or with a contractor authorized under

10  chapter 944 or chapter 957 to operate a private correctional

11  facility. The corporation has the same powers, privileges, and

12  immunities in carrying out such contracts as it has under this

13  chapter.

14         Section 5.  Section 946.5026, Florida Statutes, is

15  amended to read:

16         946.5026  Sovereign immunity in tort actions.--The

17  provisions of s. 768.28 shall be applicable to the corporation

18  established under this part pursuant to s. 946.504(1), which

19  is deemed to be a corporation primarily acting as an

20  instrumentality of the state.

21         Section 6.  Section 946.503, Florida Statutes, is

22  amended to read:

23         946.503  Definitions to be used with respect to

24  correctional work programs.--As used in this part ss.

25  946.502-946.518, the term:

26         (1)  "Corporation" means the private nonprofit

27  corporation established pursuant to s. 946.504(1), or a

28  private nonprofit corporation whose sole member is the private

29  nonprofit corporation established pursuant to s. 946.504(1),

30  whose board of directors is identical to the board of

31  directors of the private nonprofit corporation established

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  pursuant to s. 946.504(1), to carry out this part ss.

 2  946.502-946.518.

 3         (2)  "Correctional work program" means any program

 4  presently a part of the prison industries program operated by

 5  the department or any other correctional work program carried

 6  on at any state correctional facility presently or in the

 7  future, but the term does not include any program authorized

 8  by s. 945.091 or s. 946.40.

 9         (3)  "Department" means the Department of Corrections.

10         (4)  "Facilities" means the buildings and land used in

11  the operation of an industry program on state property.

12         (5)  "Inmate" means any person incarcerated within any

13  state, county, municipal, or private correctional facility.

14         (6)  "Private correctional facility" means a facility

15  authorized by chapter 944 or chapter 957.

16         Section 7.  Section 946.504, Florida Statutes, is

17  amended to read:

18         946.504  Organization of corporation to operate

19  correctional work programs; lease of facilities.--

20         (1)  The department shall lease buildings and land to

21  the nonprofit corporation authorized to operate the

22  correctional work programs, the members of which are appointed

23  by the Governor and confirmed by the Senate. The same

24  appointment process shall be followed to fill any vacancy. The

25  corporation shall be organized pursuant to chapter 617 and

26  shall possess all the powers granted by that chapter. The

27  Board of Trustees of the Internal Improvement Trust Fund shall

28  enter into leases directly with the corporation, for a period

29  of at least 20 years, for the lease of the lands that are

30  currently under sublease with the department and used by the

31  corporation for correctional work programs and that are

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  identified as subject to lease numbers 3513, 2946, 2675, 2937,

 2  2673, and 2671 with the Board of Trustees of the Internal

 3  Improvement Trust Fund. Any additional improvements to such

 4  property leased by the corporation from the Board of Trustees

 5  must have the prior approval of the Board of Trustees of the

 6  Internal Improvement Trust Fund.

 7         (2)  No sublease for land from any other agency of

 8  state government shall be in excess of that amount for which

 9  the department is obligated to pay under any lease agreement

10  with any other agency of state government.

11         (3)  The corporation shall negotiate with the

12  Department of Management Services to reach and enter into an

13  agreement for the lease of each correctional work program

14  proposed by the corporation.  The facilities to be leased and

15  the amount of rental for such facilities shall be agreed upon

16  by the Department of Management Services and the corporation,

17  with consultation with the department.  The length of such

18  lease shall be mutually agreed upon among the department, the

19  Department of Management Services, and the corporation;

20  however, the initial lease may not exceed 7 years.  The

21  department shall continue to manage and operate the various

22  correctional work programs until the lease between the

23  department and the corporation is effective.

24         (4)  If the department leases a single correctional

25  work program at any correctional institution to the

26  corporation, the corporation shall lease all such correctional

27  work programs at that institution.

28         (5)(a)  Prior to entering into any lease or other

29  separate contract or agreement between the department and the

30  corporation, the department shall determine that:

31         1.  The members of the corporation were appointed by

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  the Governor and confirmed by the Senate;

 2         2.  The articles of incorporation of the corporation

 3  have been approved by the Governor; and

 4         3.  The articles of incorporation contain a provision

 5  that prohibits any director from voting on any matter that

 6  comes before the board of directors that would result in a

 7  direct monetary gain to any director or any entity in which

 8  any director has an interest.

 9         (b)  The lease must be submitted to the Attorney

10  General for his or her approval as to form and legality.

11         (b)(c)  All leases of land shall be subject to the

12  approval of the Board of Trustees of the Internal Improvement

13  Trust Fund.

14         (6)(a)  Upon the effective date of each lease of each

15  correctional work program, the department shall cause to be

16  remitted to the corporation all funds appropriated for,

17  associated with, or budgeted for the operation of that

18  correctional work program, as agreed upon among the

19  department, the Department of Management Services, and the

20  corporation.

21         (b)  No operating loss of any type may be transferred

22  to the corporation.

23         (7)  When it leases any correctional work program, the

24  corporation shall exercise a reasonable effort to employ the

25  personnel of the department who are currently involved in the

26  correctional work programs being leased to the corporation.

27         (6)(8)  Notwithstanding any provision to the contrary,

28  the corporation is authorized to use tax-exempt financing

29  through the issuance of tax-exempt bonds, certificates of

30  participation, lease-purchase agreements, or other tax-exempt

31  financing methods for the purpose of constructing facilities

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  or making capital improvements for correctional work programs

 2  and prison industry enhancement programs on state-owned land

 3  within state correctional institutions. Such tax-exempt

 4  financing may be funded by the General Appropriations Act. If

 5  the corporation obtains tax-exempt financing, the state

 6  retains a secured interest by holding a lien against any

 7  structure or improvement for which tax-exempt financing or

 8  state funds are used. The corporation shall include a

 9  provision in its financing contract requiring that a lien be

10  filed by the Department of Corrections, on behalf of the

11  state, in order to procure the issuance of tax-exempt bonds or

12  certificates of participation; to enter into lease-purchase

13  agreements; or to obtain any other tax-exempt financing

14  methods for the construction or renovation of facilities

15  related to correctional work programs or prison industry

16  enhancement programs. The lien shall be against the property

17  where any facility or structure is located which has been

18  constructed or substantially renovated, in whole or in part,

19  through the use of state funds. However, there is no

20  requirement for the Department of Corrections to file a lien

21  if the amount of state funds does not exceed $25,000 or 10

22  percent of the contract amount, whichever is less. The lien

23  must be recorded, upon the execution of the contract

24  authorizing such construction or renovation, in the county

25  where the property is located. The lien must specify that the

26  Department of Corrections has a financial interest in the

27  property equal to the pro rata portion of the state's original

28  investment of the then-fair-market value of the construction.

29  The lien must also specify that the Department of Corrections'

30  financial interest is proportionately reduced and subsequently

31  vacated over a 20-year period of depreciation. The contract

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  must include a provision that as a condition of receipt of

 2  state funding for this purpose, the corporation agrees that,

 3  if it disposes of the property before the state's interest is

 4  vacated, the corporation will refund the proportionate share

 5  of the state's initial investment, as adjusted by

 6  depreciation.

 7         Section 8.  Section 946.506, Florida Statutes, is

 8  amended to read:

 9         946.506  Modification or termination of correctional

10  work program by the corporation.--This part does Sections

11  946.502-946.518 do not prevent the corporation from modifying,

12  altering, or terminating any correctional work program, once

13  assumed, so long as the corporation is otherwise carrying out

14  the provisions of this part ss. 946.502-946.518.

15         Section 9.  Subsection (1) of section 946.509, Florida

16  Statutes, is amended to read:

17         946.509  Insurance of property leased or acquired by

18  the corporation.--

19         (1)  The State Property Insurance Trust Fund created

20  under s. 284.01 shall insure all property eligible for

21  coverage under part I of chapter 284 which is leased by the

22  department to the corporation or which is subsequently

23  acquired and owned or leased by the corporation and subject to

24  the reversionary ownership interest of the state established

25  in s. 946.505.

26         Section 10.  Subsection (1) of section 946.511, Florida

27  Statutes, is amended to read:

28         946.511  Provision of inmate labor to operate

29  correctional work programs; policies and procedures.--

30         (1)  Inmates shall be evaluated and identified during

31  the reception process to determine basic literacy, employment

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  skills, academic skills, vocational skills, and remedial and

 2  rehabilitative needs.  The evaluation shall prescribe

 3  education, work, and work-training for each inmate. Assignment

 4  to programs shall be based on the evaluation and the length of

 5  time the inmate will be in the custody of the department.

 6  Assignment to programs shall be reviewed every 6 months to

 7  ensure proper placement based on bed space availability.

 8  Assignment of inmates shall be governed by the following

 9  objectives and priorities:

10         (a)  Inmates shall be assigned to meet the needs of the

11  work requirements of the Department of Corrections, including

12  essential operational functions and revenue-generating

13  contracts.

14         (b)  Inmates shall be assigned to correctional

15  education.

16         (c)  Inmates shall be assigned to meet all other work

17  requirements of the department, including remaining

18  operational functions and nonrevenue-generating contracts.

19

20  As used in this subsection, the term "revenue-generating

21  contracts" includes contracts with the Department of

22  Transportation, the corporation authorized to conduct the

23  correctional work programs under this part II, the corporation

24  and private sector businesses operating programs authorized

25  under s. 946.523 946.006(3), and federal, state, or local

26  governmental entities or subdivisions authorized under s.

27  944.10(7).

28         Section 11.  Subsections (1) and (2) of section

29  946.514, Florida Statutes, are amended to read:

30         946.514  Civil rights of inmates; inmates not state

31  employees; liability of corporation for inmate injuries.--

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1         (1)  Nothing contained in this part ss. 946.502-946.517

 2  is intended to restore in whole or in part the civil rights of

 3  inmates.

 4         (2)  No inmate compensated under this part ss.

 5  946.502-946.517 or by the corporation or the department shall

 6  be considered as an employee of the state, the department, or

 7  the corporation.

 8         Section 12.  Subsection (7) of section 946.515, Florida

 9  Statutes, is amended to read:

10         946.515  Use of goods and services produced in

11  correctional work programs.--

12         (7)  The provisions of s. ss. 946.21 and 946.518 do not

13  apply to this section.

14         Section 13.  Subsection (1) of section 946.516, Florida

15  Statutes, is amended to read:

16         946.516  Report to Governor, Legislature, and Auditor

17  General by the corporation; Department of Corrections report;

18  annual financial audit.--

19         (1)  The corporation shall submit to the Governor and

20  the Legislature, on or before July January 1 of each year, a

21  report on the status of the correctional work programs,

22  including, but not limited to, the proposed use of the profits

23  from such programs, a breakdown of the amount of noninmate

24  labor used, work subcontracted to other vendors, use of

25  consultants, finished goods purchased for resale, and the

26  number of inmates working in the correctional work programs at

27  the time of such report.  In addition, the corporation shall

28  submit to the department, the Governor, the Legislature, and

29  the Auditor General an annual financial audit report and such

30  other information as may be requested by the Legislature,

31  together with recommendations relating to provisions for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  reasonable tax incentives to private enterprises which employ

 2  inmates, parolees, or former inmates who have participated in

 3  correctional work programs.

 4         Section 14.  Section 946.518, Florida Statutes, is

 5  amended to read:

 6         946.518  Sale of goods made by prisoners; when

 7  prohibited, when permitted.--Goods, wares, or merchandise

 8  manufactured or mined in whole or in part by prisoners (except

 9  prisoners on parole or probation) may not be sold or offered

10  for sale in this state by any person or by any federal

11  authority or state or political subdivision thereof; however,

12  this section does and s. 946.21 do not forbid the sale,

13  exchange, or disposition of such goods within the limitations

14  set forth in s. 946.006(3), s. 946.515, s. 946.523, or s.

15  946.524 946.519.

16         Section 15.  Section 946.520, Florida Statutes, is

17  amended to read:

18         946.520  Assignment of inmates by Department of

19  Corrections.--

20         (1)  The department shall exert its best efforts to

21  assign inmates to the corporation, or the private sector

22  business authorized under this part I of this chapter, who

23  have not less than 1 nor more than 5 years remaining before

24  their tentative release dates.  Beginning January 1, 1998, the

25  department shall maintain the assignment of at least 60

26  percent of inmates to all correctional work programs

27  collectively to the corporation, or to the private sector

28  business authorized under this part I of this chapter, who

29  have less than 10 years remaining before their tentative

30  release dates.  This 60-percent requirement does not apply to

31  any correctional work program, or private sector business

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1  authorized under this part I of this chapter, within an

 2  institution for any year in which, as of January 1 of that

 3  year, the average years remaining before the tentative release

 4  date of all inmates assigned to that institution exceeds 12

 5  years.

 6         (2)  The department may not remove an inmate once

 7  assigned to the corporation or to the private sector business

 8  authorized under this part I of this chapter, except upon

 9  request of or consent of such corporation or private sector

10  business or for the purposes of population management, for

11  inmate conduct that may subject the inmate to disciplinary

12  confinement or loss of gain-time, or for security and safety

13  concerns specifically set forth in writing to the corporation

14  or private sector business.

15         Section 16.  Paragraph (f) of subsection (1) of section

16  957.04, Florida Statutes, is amended to read:

17         957.04  Contract requirements.--

18         (1)  A contract entered into under this chapter for the

19  operation of private correctional facilities shall maximize

20  the cost savings of such facilities and shall:

21         (f)  Require the contractor to be responsible for a

22  range of dental, medical, and psychological services; diet;

23  education; and work programs at least equal to those provided

24  by the department in comparable facilities. The work and

25  education programs must be designed to reduce recidivism, and

26  include opportunities to participate in such work programs as

27  authorized pursuant to s. 946.523 946.006.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1         On page 11, line 4, of the amendment

 2  remove from the bill:  all of said lines

 3

 4  and insert in lieu thereof:

 5         An act relating to Corrections; amending s.

 6         945.215, F.S.; revising and clarifying

 7         authorized uses of moneys in the Inmates

 8         Welfare Trust Fund; providing limitations;

 9         providing health care of inmates in the state

10         correctional system; providing legislative

11         intent with respect to the Correctional Managed

12         Health Care Pilot Program; requiring that the

13         Correctional Medical Authority inspect

14         facilities operated under the pilot program and

15         report to the Governor and Legislature;

16         establishing the Correctional Managed Health

17         Care Pilot Program; specifying the correctional

18         facilities to be included in the pilot program;

19         requiring the Department of Corrections to

20         contract with a private health care vendor for

21         the purpose of providing health care services;

22         providing procedures under which the private

23         vendor may deviate from procedures or protocols

24         adopted by the department; providing for a

25         criminal history check of individuals employed

26         by or contracting with the health care vendor;

27         providing that sovereign immunity does not

28         apply to any vendor performing services under

29         the pilot program; requiring that the vendor

30         and any subcontractor indemnify the state and

31         the department against any liability; requiring

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1451

    Amendment No. 01 (for drafter's use only)





 1         that the population of inmates served under the

 2         pilot program be similar to other inmates in

 3         the state correctional system; providing for

 4         the prime vendor pharmaceutical contract to be

 5         available to the health care vendor operating

 6         the pilot program; providing operations of

 7         correctional work programs; revising provisions

 8         relating to leased or managed work programs to

 9         conform to current operations and applications;

10         amending ss. 946.502, 946.5025, 946.5026,

11         946.503, 946.506, 946.509, 946.511, 946.514,

12         946.515, 946.516, 946.518, and 946.520, F.S.;

13         conforming internal cross references; deleting

14         obsolete language; clarifying a definition;

15         changing a reporting date; amending s. 946.504,

16         F.S.; deleting certain obsolete work program

17         lease requirements; deleting a requirement that

18         the Department of Corrections remit certain

19         funds to a corporation established for

20         correctional work program purposes; deleting a

21         prohibition against transferring operating

22         losses to the corporation; deleting a

23         requirement that the corporation employ certain

24         department personnel; amending s. 957.04, F.S.,

25         to conform a cross reference; providing an

26         effective date.

27

28

29

30

31

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