House Bill 4051c1

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    Florida House of Representatives - 2000             CS/HB 4051

        By the Committees on Corrections, Rules & Calendar and
    Representative Crist





  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  6         impliedly repealed or superseded; repealing s.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.; revising a cross reference, to conform;

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

11         certain agreements or contracts for

12         correctional facilities or county detention

13         facilities and the applicability of ch. 86-183,

14         Laws of Florida, thereto, which provision is

15         published elsewhere in statutes; amending s.

16         945.215, 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         providing an effective date.

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

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

28  Statutes, is repealed.

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

30  943.325, Florida Statutes, is amended to read:

31         943.325  Blood specimen testing for DNA analysis.--

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    Florida House of Representatives - 2000             CS/HB 4051

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  1         (10)

  2         (c)  Any person previously convicted of an offense

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

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

  5  who is also subject to the registration requirement imposed by

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

  7  this section when the appropriate agency described in this

  8  section verifies the identification information of the person.

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

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

11         Section 3.  Section 944.1053, Florida Statutes, is

12  repealed.

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

14  945.215, Florida Statutes, is amended to read:

15         945.215  Inmate welfare and employee benefit trust

16  funds.--

17         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

18  CORRECTIONS.--

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

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

21  incarcerated in correctional facilities operated directly by

22  the department and for visitation and family programs and

23  services in such correctional facilities. Funds shall be

24  credited to the trust fund as follows:

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

26  or similar fund in any correctional facility operated directly

27  by the department.

28         2.  All net proceeds from operating inmate canteens,

29  vending machines used primarily by inmates and visitors, hobby

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

31  purchase items for resale at inmate canteens and vending

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    Florida House of Representatives - 2000             CS/HB 4051

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  1  machines must be deposited into local bank accounts designated

  2  by the department.

  3         3.  All proceeds from contracted telephone commissions.

  4  The department shall develop and update, as necessary,

  5  administrative procedures to verify that:

  6         a.  Contracted telephone companies accurately record

  7  and report all telephone calls made by inmates incarcerated in

  8  correctional facilities under the department's jurisdiction;

  9         b.  Persons who accept collect calls from inmates are

10  charged the contracted rate; and

11         c.  The department receives the contracted telephone

12  commissions.

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

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

15  service organization; however, the department shall not accept

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

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

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

19  Trust Fund for correctional work programs pursuant to s.

20  946.008.

21         5.6.  All proceeds from:

22         a.  The confiscation and liquidation of any contraband

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

24         b.  Disciplinary fines imposed against inmates;

25         c.  Forfeitures of inmate earnings; and

26         d.  Unexpended balances in individual inmate trust fund

27  accounts of less than $1.

28         6.7.  All interest earnings and other proceeds derived

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

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

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

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    Florida House of Representatives - 2000             CS/HB 4051

    180-435-00






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

  2  not needed for immediate use.

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

  4  Statutes, is amended to read:

  5         947.03  Commissioners; tenure and removal.--

  6         (1)  Unless otherwise provided by law, each

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

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

  9  Upon the expiration of the term of any member of the

10  commission, a successor shall be appointed in the manner

11  prescribed pursuant to the provisions of this section, unless

12  otherwise provided by law. Members appointed by the Governor

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

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

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

16         Section 6.  This act shall take effect upon becoming a

17  law.

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