Senate Bill 1794

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



    Florida Senate - 2000                                  SB 1794

    By Senator McKay





    26-1054-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         775.13(4), F.S., relating to registration of

  8         certain convicted felons; amending s. 943.325,

  9         F.S.; conforming a cross-reference; repealing

10         s. 944.1053, F.S., relating to certain

11         agreements or contracts for correctional

12         facilities or county detention facilities and

13         the applicability of ch. 86-183, Laws of

14         Florida, thereto, which provision is published

15         elsewhere in statutes; amending s. 945.215,

16         F.S.; deleting a provision relating to

17         repayment of a sum appropriated in fiscal year

18         1996-1997 from the Inmate Welfare Trust Fund

19         for correctional work programs; amending s.

20         947.03, F.S.; deleting provisions relating to

21         tenure and removal of members of the Parole

22         Commission serving on a specified date;

23         amending s. 947.02, F.S.; deleting a

24         cross-reference, to conform; providing an

25         effective date.

26

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

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29         Section 1.  Subsection (4) of section 775.13, Florida

30  Statutes, is repealed.

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






    Florida Senate - 2000                                  SB 1794
    26-1054-00                                              See HB




  1         Section 2.  Paragraph (c) of subsection (10) of section

  2  943.325, Florida Statutes, is amended to read:

  3         943.325  Blood specimen testing for DNA analysis.--

  4         (10)

  5         (c)  Any person previously convicted of an offense

  6  specified in this section, or a crime which, if committed in

  7  this state, would be an offense specified in this section, and

  8  who is also subject to the registration requirement imposed by

  9  s. 775.13, shall be subject to the collection requirement of

10  this section when the appropriate agency described in this

11  section verifies the identification information of the person.

12  The collection requirement of this section does not apply to a

13  person as described in s. 775.13(5)(6).

14         Section 3.  Section 944.1053, Florida Statutes, is

15  repealed.

16         Section 4.  Paragraph (a) of subsection (1) of section

17  945.215, Florida Statutes, is amended to read:

18         945.215  Inmate welfare and employee benefit trust

19  funds.--

20         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

21  CORRECTIONS.--

22         (a)  The Inmate Welfare Trust Fund constitutes a trust

23  held by the department for the benefit and welfare of inmates

24  incarcerated in correctional facilities operated directly by

25  the department and for visitation and family programs and

26  services in such correctional facilities. Funds shall be

27  credited to the trust fund as follows:

28         1.  All funds held in any auxiliary, canteen, welfare,

29  or similar fund in any correctional facility operated directly

30  by the department.

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






    Florida Senate - 2000                                  SB 1794
    26-1054-00                                              See HB




  1         2.  All net proceeds from operating inmate canteens,

  2  vending machines used primarily by inmates and visitors, hobby

  3  shops, and other such facilities; however, funds necessary to

  4  purchase items for resale at inmate canteens and vending

  5  machines must be deposited into local bank accounts designated

  6  by the department.

  7         3.  All proceeds from contracted telephone commissions.

  8  The department shall develop and update, as necessary,

  9  administrative procedures to verify that:

10         a.  Contracted telephone companies accurately record

11  and report all telephone calls made by inmates incarcerated in

12  correctional facilities under the department's jurisdiction;

13         b.  Persons who accept collect calls from inmates are

14  charged the contracted rate; and

15         c.  The department receives the contracted telephone

16  commissions.

17         4.  Any funds that may be assigned by inmates or

18  donated to the department by the general public or an inmate

19  service organization; however, the department shall not accept

20  any donation from, or on behalf of, any individual inmate.

21         5.  Repayment of the one-time sum of $500,000

22  appropriated in fiscal year 1996-1997 from the Inmate Welfare

23  Trust Fund for correctional work programs pursuant to s.

24  946.008.

25         5.6.  All proceeds from:

26         a.  The confiscation and liquidation of any contraband

27  found upon, or in the possession of, any inmate;

28         b.  Disciplinary fines imposed against inmates;

29         c.  Forfeitures of inmate earnings; and

30         d.  Unexpended balances in individual inmate trust fund

31  accounts of less than $1.

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






    Florida Senate - 2000                                  SB 1794
    26-1054-00                                              See HB




  1         6.7.  All interest earnings and other proceeds derived

  2  from investments of funds deposited in the trust fund. In the

  3  manner authorized by law for fiduciaries, the secretary of the

  4  department, or the secretary's designee, may invest any funds

  5  in the trust fund when it is determined that such funds are

  6  not needed for immediate use.

  7         Section 5.  Subsection (1) of section 947.03, Florida

  8  Statutes, is amended to read:

  9         947.03  Commissioners; tenure and removal.--

10         (1)  Unless otherwise provided by law, each

11  commissioner serving on July 1, 1983, shall be permitted to

12  remain in office until completion of his or her current term.

13  Upon the expiration of the term of any member of the

14  commission, a successor shall be appointed in the manner

15  prescribed pursuant to the provisions of this section, unless

16  otherwise provided by law. Members appointed by the Governor

17  and Cabinet shall be appointed for a term terms of 6 years,

18  unless otherwise provided by law.  No person is eligible to be

19  appointed for more than two consecutive 6-year terms.

20         Section 6.  Subsection (3) of section 947.02, Florida

21  Statutes, is amended to read:

22         947.02  Parole Commission; members, appointment.--

23         (3)  Within 90 days before an anticipated vacancy by

24  expiration of term pursuant to s. 947.03 or Upon any other

25  vacancy, the Governor and Cabinet shall appoint a parole

26  qualifications committee if one has not been appointed during

27  the previous 2 years.  The committee shall consider

28  applications for the commission seat, including the

29  application of an incumbent commissioner if he or she applies,

30  according to the provisions of subsection (2).  The committee

31  shall submit a list  of three eligible applicants, which may

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






    Florida Senate - 2000                                  SB 1794
    26-1054-00                                              See HB




  1  include the incumbent if the committee so decides, without

  2  recommendation, to the Governor and Cabinet for appointment to

  3  the commission.  In the case of an unexpired term, the

  4  appointment must be for the remainder of the unexpired term

  5  and until a successor is appointed and qualified. If more than

  6  one seat is vacant, the committee shall submit a list of

  7  eligible applicants, without recommendation, containing a

  8  number of names equal to three times the number of vacant

  9  seats; however, the names submitted shall not be distinguished

10  by seat, and each submitted applicant shall be considered

11  eligible for each vacancy.

12         Section 7.  This act shall take effect upon becoming a

13  law.

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15            *****************************************

16                       LEGISLATIVE SUMMARY

17
      Repeals various statutory provisions that have become
18    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
19    Repeals or deletes provisions relating to the
      registration of convicted felons who were residents of a
20    county in this state on October 1, 1997; agreements or
      contracts for correctional facilities or county detention
21    facilities in effect on July  1, 1986, and the
      applicability of ch. 86-183, Laws of Florida, thereto;
22    the repayment of a sum appropriated in fiscal year
      1996-1997 from the Inmate Welfare Trust Fund for
23    correctional work programs; and the tenure and removal of
      members of the Parole Commission serving on July 1, 1983.
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