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





                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (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, Fasano, and Heyman offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 22, between lines 27 and 28,

16

17  insert:  Section 17.  Section 944.1055, Florida Statutes is

18  created to read:

19         No private entity may develop or operate a private

20  correctional or detention facility for the exclusive housing

21  of federal inmates or detainees, unless:

22         1.  The location, intended use, and description of the

23  facility has been approved by resolution of the legislative

24  authority of the local governmental entity in which the

25  facility is to be located after a public notice and meeting in

26  accordance with applicable law; and

27         2.  All correctional officers and security supervisory

28  staff prior to being employed at the facility have completed a

29  training curriculum that meets or exceeds the then current

30  training standards for a correctional officer employed by the

31  state.

                                  1

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    hct0002                     10:16 am         01451-0036-963915




                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1         Provided that if a private entity meeting the

 2  requirements of this section elects exclusively to use

 3  correctional officers and security supervision staff certified

 4  pursuant to s. 943.1395, such officers and staff may use

 5  necessary force in a manner consistent with the authority

 6  granted to private correctional officers under s. 957.05.

 7         Section 18.  Section 943.13, Florida Statutes, is

 8  amended to read:

 9         943.13  Officers' minimum qualifications for employment

10  or appointment.--On or after October 1, 1984, any person

11  employed or appointed as a full-time, part-time, or auxiliary

12  law enforcement officer or correctional officer; on or after

13  October 1, 1986, any person employed as a full-time,

14  part-time, or auxiliary correctional probation officer; and on

15  or after October 1, 1986, any person employed as a full-time,

16  part-time, or auxiliary correctional officer by a private

17  entity under contract to the Department of Corrections, to a

18  county commission, or to the Correctional Privatization

19  Commission or by a private entity electing exclusively to use

20  certified correctional officers operating a facility for the

21  exclusive housing of federal inmates or detainees shall:

22         (1)  Be at least 19 years of age.

23         (2)  Be a citizen of the United States, notwithstanding

24  any law of the state to the contrary.

25         (3)  Be a high school graduate or its "equivalent" as

26  the commission has defined the term by rule.

27         (4)  Not have been convicted of any felony or of a

28  misdemeanor involving perjury or a false statement, or have

29  received a dishonorable discharge from any of the Armed Forces

30  of the United States. Any person who, after July 1, 1981,

31  pleads guilty or nolo contendere to or is found guilty of any

                                  2

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    hct0002                     10:16 am         01451-0036-963915




                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1  felony or of a misdemeanor involving perjury or a false

 2  statement is not eligible for employment or appointment as an

 3  officer, notwithstanding suspension of sentence or withholding

 4  of adjudication. Notwithstanding this subsection, any person

 5  who has pled nolo contendere to a misdemeanor involving a

 6  false statement, prior to December 1, 1985, and has had such

 7  record sealed or expunged shall not be deemed ineligible for

 8  employment or appointment as an officer.

 9         (5)  Have documentation of his or her processed

10  fingerprints on file with the employing agency or, if a

11  private correctional officer, have documentation of his or her

12  processed fingerprints on file with the Department of

13  Corrections or the Criminal Justice Standards and Training

14  Commission. If administrative delays are caused by the

15  department or the Federal Bureau of Investigation and the

16  person has complied with subsections (1)-(4) and (6)-(9), he

17  or she may be employed or appointed for a period not to exceed

18  1 calendar year from the date he or she was employed or

19  appointed or until return of the processed fingerprints

20  documenting noncompliance with subsections (1)-(4) or

21  subsection (7), whichever occurs first.

22         (6)  Have passed a physical examination by a licensed

23  physician, based on specifications established by the

24  commission.

25         (7)  Have a good moral character as determined by a

26  background investigation under procedures established by the

27  commission.

28         (8)  Execute and submit to the employing agency or, if

29  a private correctional officer, submit to the appropriate

30  governmental entity an affidavit-of-applicant form, adopted by

31  the commission, attesting to his or her compliance with

                                  3

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1  subsections (1)-(7). The affidavit shall be executed under

 2  oath and constitutes an official statement within the purview

 3  of s. 837.06. The affidavit shall include conspicuous language

 4  that the intentional false execution of the affidavit

 5  constitutes a misdemeanor of the second degree. The affidavit

 6  shall be retained by the employing agency.

 7         (9)  Complete a commission-approved basic recruit

 8  training program for the applicable criminal justice

 9  discipline, unless exempt under this subsection. An applicant

10  who has:

11         (a)  Completed a comparable basic recruit training

12  program for the applicable criminal justice discipline in

13  another state or for the Federal Government; and

14         (b)  Served as a full-time sworn officer in another

15  state or for the Federal Government for at least one year

16

17  is exempt in accordance with s. 943.131(2) from completing the

18  commission-approved basic recruit training program.

19         (10)  Achieve an acceptable score on the officer

20  certification examination for the applicable criminal justice

21  discipline.

22         (11)  Comply with the continuing training or education

23  requirements of s. 943.135.

24         Section 19.  Subsection (4) of section 943.133, Florida

25  Statutes, is amended to read:

26         943.133  Responsibilities of employing agency,

27  commission, and program with respect to compliance with

28  employment qualifications and the conduct of background

29  investigations; injunctive relief.--

30         (4)(a)  When the employing agency is a private entity

31  under contract to the county or the state pursuant to s.

                                  4

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1  944.105, s. 951.062, or chapter 957, the contracting agency

 2  shall be responsible for meeting the requirements of

 3  subsections (1), (2), and (3).

 4         (b)  When the employer of a certified correctional

 5  officer is a private entity electing to use certified

 6  correctional officers operating a facility for the exclusive

 7  housing of federal inmates or detainees, the employer shall be

 8  responsible for meeting the requirements of subsection (1),

 9  (2), and (3).

10         Section 20.  Subsection (4) of section 943.10, Florida

11  Statutes is amended to read:

12         943.10  Definitions; ss. 943.085-943.255.--The

13  following words and phrases as used in ss. 943.085-943.255 are

14  defined as follows:

15         (4)  "Employing agency" means any agency or unit of

16  government or any municipality or the state or any political

17  subdivision thereof, or any agent thereof, which has

18  constitutional or statutory authority to employ or appoint

19  persons as officers. The term also includes any private entity

20  which has contracted with the state or county for the

21  operation and maintenance of a nonjuvenile detention facility.

22  The term also includes any private entity electing exclusively

23  to use certified correctional officers operating a facility

24  for the exclusive housing of federal inmates or detainees.

25

26

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

28  And the title is amended as follows:

29         On page 1 line 2,

30  remove from the title of the bill:  the entire title

31

                                  5

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1  and insert in lieu thereof:

 2         An act relating to correctional and detention

 3         facilities; amending s. 945.215, F.S.; revising

 4         and clarifying authorized uses of moneys in the

 5         Inmates Welfare Trust Fund; providing

 6         limitations; providing health care of inmates

 7         in the state correctional system; providing

 8         legislative intent with respect to the

 9         Correctional Managed Health Care Pilot Program;

10         establishing the Correctional Managed Health

11         Care Pilot Program; specifying the correctional

12         facilities to be included in the pilot program;

13         requiring the Department of Corrections to

14         contract with a private health care vendor for

15         the purpose of providing health care services;

16         providing for a criminal history check of

17         individuals employed by or contracting with the

18         health care vendor; providing that sovereign

19         immunity does not apply to any vendor

20         performing services under the pilot program;

21         requiring that the vendor and any subcontractor

22         indemnify the state and the department against

23         any liability; requiring that the population of

24         inmates served under the pilot program be

25         similar to other inmates in the state

26         correctional system; providing for the prime

27         vendor pharmaceutical contract to be available

28         to the health care vendor operating the pilot

29         program; providing operations of correctional

30         work programs; revising provisions relating to

31         leased or managed work programs to conform to

                                  6

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1451, 1st Eng.

    Amendment No. 02 (for drafter's use only)





 1         current operations and applications; amending

 2         ss. 946.502, 946.5025, 946.5026, 946.503,

 3         946.506, 946.509, 946.511, 946.514, 946.515,

 4         946.516, 946.518, and 946.520, F.S.; conforming

 5         internal cross references; deleting obsolete

 6         language; clarifying a definition; changing a

 7         reporting date; amending s. 946.504, F.S.;

 8         deleting certain obsolete work program lease

 9         requirements; deleting a requirement that the

10         Department of Corrections remit certain funds

11         to a corporation established for correctional

12         work program purposes; deleting a prohibition

13         against transferring operating losses to the

14         corporation; deleting a requirement that the

15         corporation employ certain department

16         personnel; amending s. 957.04, F.S., to conform

17         a cross reference; providing for housing of

18         federal inmates or detainees; creating s.

19         944.1055, F.S.; amending ss. 943.13, 943.133

20         and 943.10; providing an effective date.

21

22

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                                  7

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