CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Harrington and Trovillion offered the
12 following:
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14 Amendment (with title amendment)
15 On page 8, line between lines 30 and 31,
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17 insert:
18 Section 4. Paragraphs (a), (b), (c), and (d) of
19 subsection (1) of section 945.215, Florida Statutes, are
20 amended to read:
21 945.215 Inmate welfare and employee benefit trust
22 funds.--
23 (1) INMATE WELFARE TRUST FUND; DEPARTMENT OF
24 CORRECTIONS.--
25 (a) The Inmate Welfare Trust Fund constitutes a trust
26 held by the department for the benefit and welfare of inmates
27 incarcerated in correctional facilities operated directly by
28 the department and for visitation and family programs and
29 services in such correctional facilities. Funds shall be
30 credited to the trust fund as follows:
31 1. All funds held in any auxiliary, canteen, welfare,
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 or similar fund in any correctional facility operated directly
2 by the department.
3 2. All net proceeds from operating inmate canteens,
4 vending machines used primarily by inmates and visitors, hobby
5 shops, and other such facilities; however, funds necessary to
6 purchase items for resale at inmate canteens and vending
7 machines must be deposited into local bank accounts designated
8 by the department.
9 3. All proceeds from contracted telephone commissions.
10 The department shall develop and update, as necessary,
11 administrative procedures to verify that:
12 a. Contracted telephone companies accurately record
13 and report all telephone calls made by inmates incarcerated in
14 correctional facilities under the department's jurisdiction;
15 b. Persons who accept collect calls from inmates are
16 charged the contracted rate; and
17 c. The department receives the contracted telephone
18 commissions.
19 4. Any funds that may be assigned by inmates or
20 donated to the department by the general public or an inmate
21 service organization; however, the department shall not accept
22 any donation from, or on behalf of, any individual inmate.
23 5. Repayment of the one-time sum of $500,000
24 appropriated in fiscal year 1996-1997 from the Inmate Welfare
25 Trust Fund for correctional work programs pursuant to s.
26 946.008.
27 5.6. All proceeds from:
28 a. The confiscation and liquidation of any contraband
29 found upon, or in the possession of, any inmate;
30 b. Disciplinary fines imposed against inmates;
31 c. Forfeitures of inmate earnings; and
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 d. Unexpended balances in individual inmate trust fund
2 accounts of less than $1.
3 6.7. All interest earnings and other proceeds derived
4 from investments of funds deposited in the trust fund. In the
5 manner authorized by law for fiduciaries, the secretary of the
6 department, or the secretary's designee, may invest any funds
7 in the trust fund when it is determined that such funds are
8 not needed for immediate use.
9 (b) Funds in the Inmate Welfare Trust Fund must be
10 used exclusively for the following purposes at correctional
11 facilities operated directly by the department:
12 1. To operate inmate canteens and vending machines,
13 including purchasing items for resale at inmate canteens and
14 vending machines; employing personnel and inmates to manage,
15 supervise, and operate inmate canteens and vending machines;
16 and covering other operating and fixed capital outlay expenses
17 associated with operating inmate canteens and vending
18 machines;
19 2. To employ personnel to manage and supervise the
20 proceeds from telephone commissions;
21 3. To develop, implement, and maintain the medical
22 copayment accounting system;
23 4. To provide literacy programs, vocational training
24 programs, and educational programs that comply with standards
25 of the Department of Education, including employing personnel
26 and covering other operating and fixed capital outlay expenses
27 associated with providing such programs;
28 5. To operate inmate chapels, faith-based programs,
29 visiting pavilions, visiting services and programs, family
30 services and programs, libraries, and law libraries, including
31 employing personnel and covering other operating and fixed
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 capital outlay expenses associated with operating inmate
2 chapels, faith-based programs, visiting pavilions, visiting
3 services and programs, family services and programs,
4 libraries, and law libraries;
5 6. To purchase and repair televisions and antennae to
6 be used in inmate common areas and visitation areas to provide
7 inmates and their visitors with limited access to non-cable
8 network programming.
9 7.6. To provide for expenses associated with various
10 inmate clubs;
11 8.7. To provide for expenses associated with legal
12 services for inmates;
13 9.8. To provide inmate substance abuse treatment
14 programs and transition and life skills training programs,
15 including employing personnel and covering other operating and
16 fixed capital outlay expenses associated with providing such
17 programs.
18 10. To purchase wellness equipment for use by inmates,
19 including equipment for team sports and fitness activities to
20 support wellness habits, to promote healthy behavior, and to
21 reduce idleness for better institutional management, but
22 excluding free weights.
23 (c) The Legislature shall annually appropriate the
24 funds deposited in the Inmate Welfare Trust Fund. It is the
25 intent of the Legislature that total annual expenditures for
26 providing literacy programs, vocational training programs, and
27 educational programs exceed the combined total annual
28 expenditures for operating inmate chapels, faith-based
29 programs, visiting pavilions, visiting services and programs,
30 televisions, television repairs, family services and programs,
31 libraries, and law libraries, covering expenses associated
4
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 with inmate clubs, and providing inmate substance abuse
2 treatment programs and transition and life skills training
3 programs.
4 (d) Funds in the Inmate Welfare Trust Fund or any
5 other fund may not be used to purchase cable television
6 service. Such funds may not generally be used, to rent or
7 purchase videocassettes or, videocassette recorders, or other
8 audiovisual or electronic equipment used primarily for
9 recreation purposes. This paragraph does not preclude the
10 purchase or rental of videocassettes or videocassette
11 recorders electronic or audiovisual equipment for inmate
12 training, or educational programs, or the amusement of
13 children in visitation areas.
14 Section 5. Subsections (2), (3), and (4) of section
15 946.502, Florida Statutes, are amended to read:
16 946.502 Legislative intent with respect to operation
17 of correctional work programs.--
18 (2) It is further the intent of the Legislature that,
19 once one such nonprofit corporation is organized, no other
20 nonprofit corporation be organized for the purpose of carrying
21 out this part ss. 946.502-946.518. In carrying out this part
22 ss. 946.502-946.518, the corporation is not an "agency" within
23 the meaning of s. 20.03(11).
24 (3) It is further the intent of the Legislature that,
25 by July 1, 1985, the corporation shall lease have leased all
26 correctional work programs from the department.
27 (4) It is further the intent of the Legislature that
28 the state shall have a continuing interest in assuring
29 continuity and stability in the operation of correctional work
30 programs and that this part ss. 946.502-946.518 be construed
31 in furtherance of such goals.
5
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 Section 6. Section 946.5025, Florida Statutes, is
2 amended to read:
3 946.5025 Authorization of corporation to enter into
4 contracts.--The corporation established under this part
5 chapter may enter into contracts to operate correctional work
6 programs with any county or municipal authority that operates
7 a correctional facility or with a contractor authorized under
8 chapter 944 or chapter 957 to operate a private correctional
9 facility. The corporation has the same powers, privileges, and
10 immunities in carrying out such contracts as it has under this
11 chapter.
12 Section 7. Section 946.5026, Florida Statutes, is
13 amended to read:
14 946.5026 Sovereign immunity in tort actions.--The
15 provisions of s. 768.28 shall be applicable to the corporation
16 established under this part pursuant to s. 946.504(1), which
17 is deemed to be a corporation primarily acting as an
18 instrumentality of the state.
19 Section 8. Section 946.503, Florida Statutes, is
20 amended to read:
21 946.503 Definitions to be used with respect to
22 correctional work programs.--As used in this part ss.
23 946.502-946.518, the term:
24 (1) "Corporation" means the private nonprofit
25 corporation established pursuant to s. 946.504(1), or a
26 private nonprofit corporation whose sole member is the private
27 nonprofit corporation established pursuant to s. 946.504(1),
28 whose board of directors is identical to the board of
29 directors of the private nonprofit corporation established
30 pursuant to s. 946.504(1), to carry out this part ss.
31 946.502-946.518.
6
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (2) "Correctional work program" means any program
2 presently a part of the prison industries program operated by
3 the department or any other correctional work program carried
4 on at any state correctional facility presently or in the
5 future, but the term does not include any program authorized
6 by s. 945.091 or s. 946.40.
7 (3) "Department" means the Department of Corrections.
8 (4) "Facilities" means the buildings and land used in
9 the operation of an industry program on state property.
10 (5) "Inmate" means any person incarcerated within any
11 state, county, municipal, or private correctional facility.
12 (6) "Private correctional facility" means a facility
13 authorized by chapter 944 or chapter 957.
14 Section 9. Section 946.504, Florida Statutes, is
15 amended to read:
16 946.504 Organization of corporation to operate
17 correctional work programs; lease of facilities.--
18 (1) The department shall lease buildings and land to
19 the nonprofit corporation authorized to operate the
20 correctional work programs, the members of which are appointed
21 by the Governor and confirmed by the Senate. The same
22 appointment process shall be followed to fill any vacancy. The
23 corporation shall be organized pursuant to chapter 617 and
24 shall possess all the powers granted by that chapter. The
25 Board of Trustees of the Internal Improvement Trust Fund shall
26 enter into leases directly with the corporation, for a period
27 of at least 20 years, for the lease of the lands that are
28 currently under sublease with the department and used by the
29 corporation for correctional work programs and that are
30 identified as subject to lease numbers 3513, 2946, 2675, 2937,
31 2673, and 2671 with the Board of Trustees of the Internal
7
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 Improvement Trust Fund. Any additional improvements to such
2 property leased by the corporation from the Board of Trustees
3 must have the prior approval of the Board of Trustees of the
4 Internal Improvement Trust Fund.
5 (2) No sublease for land from any other agency of
6 state government shall be in excess of that amount for which
7 the department is obligated to pay under any lease agreement
8 with any other agency of state government.
9 (3) The corporation shall negotiate with the
10 department Department of Management Services to reach and
11 enter into an agreement for the lease of each correctional
12 work program proposed by the corporation. The facilities to
13 be leased and the amount of rental for such facilities shall
14 be agreed upon by the department Department of Management
15 Services and the corporation, with consultation with the
16 department. The length of such lease shall be mutually agreed
17 upon among the department, the Department of Management
18 Services, and the corporation; however, the initial lease may
19 not exceed 7 years. The department shall continue to manage
20 and operate the various correctional work programs until the
21 lease between the department and the corporation is effective.
22 (4) If the department leases a single correctional
23 work program at any correctional institution to the
24 corporation, the corporation shall lease all such correctional
25 work programs at that institution.
26 (5)(a) Prior to entering into any lease or other
27 separate contract or agreement between the department and the
28 corporation, the department shall determine that:
29 1. The members of the corporation were appointed by
30 the Governor and confirmed by the Senate;
31 2. The articles of incorporation of the corporation
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 have been approved by the Governor; and
2 3. The articles of incorporation contain a provision
3 that prohibits any director from voting on any matter that
4 comes before the board of directors that would result in a
5 direct monetary gain to any director or any entity in which
6 any director has an interest.
7 (b) The lease must be submitted to the Attorney
8 General for his or her approval as to form and legality.
9 (b)(c) All leases of land shall be subject to the
10 approval of the Board of Trustees of the Internal Improvement
11 Trust Fund.
12 (6)(a) Upon the effective date of each lease of each
13 correctional work program, the department shall cause to be
14 remitted to the corporation all funds appropriated for,
15 associated with, or budgeted for the operation of that
16 correctional work program, as agreed upon among the
17 department, the Department of Management Services, and the
18 corporation.
19 (b) No operating loss of any type may be transferred
20 to the corporation.
21 (7) When it leases any correctional work program, the
22 corporation shall exercise a reasonable effort to employ the
23 personnel of the department who are currently involved in the
24 correctional work programs being leased to the corporation.
25 (6)(8) Notwithstanding any provision to the contrary,
26 the corporation is authorized to use tax-exempt financing
27 through the issuance of tax-exempt bonds, certificates of
28 participation, lease-purchase agreements, or other tax-exempt
29 financing methods for the purpose of constructing facilities
30 or making capital improvements for correctional work programs
31 and prison industry enhancement programs on state-owned land
9
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 within state correctional institutions. Such tax-exempt
2 financing may be funded by the General Appropriations Act. If
3 the corporation obtains tax-exempt financing, the state
4 retains a secured interest by holding a lien against any
5 structure or improvement for which tax-exempt financing or
6 state funds are used. The corporation shall include a
7 provision in its financing contract requiring that a lien be
8 filed by the Department of Corrections, on behalf of the
9 state, in order to procure the issuance of tax-exempt bonds or
10 certificates of participation; to enter into lease-purchase
11 agreements; or to obtain any other tax-exempt financing
12 methods for the construction or renovation of facilities
13 related to correctional work programs or prison industry
14 enhancement programs. The lien shall be against the property
15 where any facility or structure is located which has been
16 constructed or substantially renovated, in whole or in part,
17 through the use of state funds. However, there is no
18 requirement for the Department of Corrections to file a lien
19 if the amount of state funds does not exceed $25,000 or 10
20 percent of the contract amount, whichever is less. The lien
21 must be recorded, upon the execution of the contract
22 authorizing such construction or renovation, in the county
23 where the property is located. The lien must specify that the
24 Department of Corrections has a financial interest in the
25 property equal to the pro rata portion of the state's original
26 investment of the then-fair-market value of the construction.
27 The lien must also specify that the Department of Corrections'
28 financial interest is proportionately reduced and subsequently
29 vacated over a 20-year period of depreciation. The contract
30 must include a provision that as a condition of receipt of
31 state funding for this purpose, the corporation agrees that,
10
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 if it disposes of the property before the state's interest is
2 vacated, the corporation will refund the proportionate share
3 of the state's initial investment, as adjusted by
4 depreciation.
5 Section 10. Section 946.506, Florida Statutes, is
6 amended to read:
7 946.506 Modification or termination of correctional
8 work program by the corporation.--This part does Sections
9 946.502-946.518 do not prevent the corporation from modifying,
10 altering, or terminating any correctional work program, once
11 assumed, so long as the corporation is otherwise carrying out
12 the provisions of this part ss. 946.502-946.518.
13 Section 11. Subsection (1) of section 946.509, Florida
14 Statutes, is amended to read:
15 946.509 Insurance of property leased or acquired by
16 the corporation.--
17 (1) The State Property Insurance Trust Fund created
18 under s. 284.01 shall insure all property eligible for
19 coverage under part I of chapter 284 which is leased by the
20 department to the corporation or which is subsequently
21 acquired and owned or leased by the corporation and subject to
22 the reversionary ownership interest of the state established
23 in s. 946.505.
24 Section 12. Subsection (1) of section 946.511, Florida
25 Statutes, is amended to read:
26 946.511 Provision of inmate labor to operate
27 correctional work programs; policies and procedures.--
28 (1) Inmates shall be evaluated and identified during
29 the reception process to determine basic literacy, employment
30 skills, academic skills, vocational skills, and remedial and
31 rehabilitative needs. The evaluation shall prescribe
11
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 education, work, and work-training for each inmate. Assignment
2 to programs shall be based on the evaluation and the length of
3 time the inmate will be in the custody of the department.
4 Assignment to programs shall be reviewed every 6 months to
5 ensure proper placement based on bed space availability.
6 Assignment of inmates shall be governed by the following
7 objectives and priorities:
8 (a) Inmates shall be assigned to meet the needs of the
9 work requirements of the Department of Corrections, including
10 essential operational functions and revenue-generating
11 contracts.
12 (b) Inmates shall be assigned to correctional
13 education.
14 (c) Inmates shall be assigned to meet all other work
15 requirements of the department, including remaining
16 operational functions and nonrevenue-generating contracts.
17
18 As used in this subsection, the term "revenue-generating
19 contracts" includes contracts with the Department of
20 Transportation, the corporation authorized to conduct the
21 correctional work programs under this part II, the corporation
22 and private sector businesses operating programs authorized
23 under s. 946.523 946.006(3), and federal, state, or local
24 governmental entities or subdivisions authorized under s.
25 944.10(7).
26 Section 13. Subsections (1) and (2) of section
27 946.514, Florida Statutes, are amended to read:
28 946.514 Civil rights of inmates; inmates not state
29 employees; liability of corporation for inmate injuries.--
30 (1) Nothing contained in this part ss. 946.502-946.517
31 is intended to restore in whole or in part the civil rights of
12
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 inmates.
2 (2) No inmate compensated under this part ss.
3 946.502-946.517 or by the corporation or the department shall
4 be considered as an employee of the state, the department, or
5 the corporation.
6 Section 14. Subsection (7) of section 946.515, Florida
7 Statutes, is amended to read:
8 946.515 Use of goods and services produced in
9 correctional work programs.--
10 (7) The provisions of s. ss. 946.21 and 946.518 do not
11 apply to this section.
12 Section 15. Subsection (1) of section 946.516, Florida
13 Statutes, is amended to read:
14 946.516 Report to Governor, Legislature, and Auditor
15 General by the corporation; Department of Corrections report;
16 annual financial audit.--
17 (1) The corporation shall submit to the Governor and
18 the Legislature, on or before July January 1 of each year, a
19 report on the status of the correctional work programs,
20 including, but not limited to, the proposed use of the profits
21 from such programs, a breakdown of the amount of noninmate
22 labor used, work subcontracted to other vendors, use of
23 consultants, finished goods purchased for resale, and the
24 number of inmates working in the correctional work programs at
25 the time of such report. In addition, the corporation shall
26 submit to the department, the Governor, the Legislature, and
27 the Auditor General an annual financial audit report and such
28 other information as may be requested by the Legislature,
29 together with recommendations relating to provisions for
30 reasonable tax incentives to private enterprises which employ
31 inmates, parolees, or former inmates who have participated in
13
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 correctional work programs.
2 Section 16. Section 946.518, Florida Statutes, is
3 amended to read:
4 946.518 Sale of goods made by prisoners; when
5 prohibited, when permitted.--Goods, wares, or merchandise
6 manufactured or mined in whole or in part by prisoners (except
7 prisoners on parole or probation) may not be sold or offered
8 for sale in this state by any person or by any federal
9 authority or state or political subdivision thereof; however,
10 this section does and s. 946.21 do not forbid the sale,
11 exchange, or disposition of such goods within the limitations
12 set forth in s. 946.006(3), s. 946.515, s. 946.523, or s.
13 946.524 946.519.
14 Section 17. Section 946.520, Florida Statutes, is
15 amended to read:
16 946.520 Assignment of inmates by Department of
17 Corrections.--
18 (1) The department shall exert its best efforts to
19 assign inmates to the corporation, or the private sector
20 business authorized under this part I of this chapter, who
21 have not less than 1 nor more than 5 years remaining before
22 their tentative release dates. Beginning January 1, 1998, the
23 department shall maintain the assignment of at least 60
24 percent of inmates to all correctional work programs
25 collectively to the corporation, or to the private sector
26 business authorized under this part I of this chapter, who
27 have less than 10 years remaining before their tentative
28 release dates. This 60-percent requirement does not apply to
29 any correctional work program, or private sector business
30 authorized under this part I of this chapter, within an
31 institution for any year in which, as of January 1 of that
14
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 year, the average years remaining before the tentative release
2 date of all inmates assigned to that institution exceeds 12
3 years.
4 (2) The department may not remove an inmate once
5 assigned to the corporation or to the private sector business
6 authorized under this part I of this chapter, except upon
7 request of or consent of such corporation or private sector
8 business or for the purposes of population management, for
9 inmate conduct that may subject the inmate to disciplinary
10 confinement or loss of gain-time, or for security and safety
11 concerns specifically set forth in writing to the corporation
12 or private sector business.
13 Section 18. Paragraph (f) of subsection (1) of section
14 957.04, Florida Statutes, is amended to read:
15 957.04 Contract requirements.--
16 (1) A contract entered into under this chapter for the
17 operation of private correctional facilities shall maximize
18 the cost savings of such facilities and shall:
19 (f) Require the contractor to be responsible for a
20 range of dental, medical, and psychological services; diet;
21 education; and work programs at least equal to those provided
22 by the department in comparable facilities. The work and
23 education programs must be designed to reduce recidivism, and
24 include opportunities to participate in such work programs as
25 authorized pursuant to s. 946.523 946.006.
26 Section 19. Section 944.1055, Florida Statutes is
27 created to read:
28 No private entity may develop or operate a private
29 correctional or detention facility for the exclusive housing
30 of federal inmates or detainees, unless:
31 1. The location, intended use, and description of the
15
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 facility has been approved by resolution of the legislative
2 authority of the local governmental entity in which the
3 facility is to be located after a public notice and meeting in
4 accordance with applicable law; and
5 2. All correctional officers and security supervisory
6 staff prior to being employed at the facility have completed a
7 training curriculum that meets or exceeds the then current
8 training standards for a correctional officer employed by the
9 state.
10 Provided that if a private entity meeting the
11 requirements of this section elects exclusively to use
12 correctional officers and security supervision staff certified
13 pursuant to s. 943.1395, such officers and staff may use
14 necessary force in a manner consistent with the authority
15 granted to private correctional officers under s. 957.05.
16 Section 20. Section 943.13, Florida Statutes, is
17 amended to read:
18 943.13 Officers' minimum qualifications for employment
19 or appointment.--On or after October 1, 1984, any person
20 employed or appointed as a full-time, part-time, or auxiliary
21 law enforcement officer or correctional officer; on or after
22 October 1, 1986, any person employed as a full-time,
23 part-time, or auxiliary correctional probation officer; and on
24 or after October 1, 1986, any person employed as a full-time,
25 part-time, or auxiliary correctional officer by a private
26 entity under contract to the Department of Corrections, to a
27 county commission, or to the Correctional Privatization
28 Commission or by a private entity electing exclusively to use
29 certified correctional officers operating a facility for the
30 exclusive housing of federal inmates or detainees shall:
31 (1) Be at least 19 years of age.
16
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (2) Be a citizen of the United States, notwithstanding
2 any law of the state to the contrary.
3 (3) Be a high school graduate or its "equivalent" as
4 the commission has defined the term by rule.
5 (4) Not have been convicted of any felony or of a
6 misdemeanor involving perjury or a false statement, or have
7 received a dishonorable discharge from any of the Armed Forces
8 of the United States. Any person who, after July 1, 1981,
9 pleads guilty or nolo contendere to or is found guilty of any
10 felony or of a misdemeanor involving perjury or a false
11 statement is not eligible for employment or appointment as an
12 officer, notwithstanding suspension of sentence or withholding
13 of adjudication. Notwithstanding this subsection, any person
14 who has pled nolo contendere to a misdemeanor involving a
15 false statement, prior to December 1, 1985, and has had such
16 record sealed or expunged shall not be deemed ineligible for
17 employment or appointment as an officer.
18 (5) Have documentation of his or her processed
19 fingerprints on file with the employing agency or, if a
20 private correctional officer, have documentation of his or her
21 processed fingerprints on file with the Department of
22 Corrections or the Criminal Justice Standards and Training
23 Commission. If administrative delays are caused by the
24 department or the Federal Bureau of Investigation and the
25 person has complied with subsections (1)-(4) and (6)-(9), he
26 or she may be employed or appointed for a period not to exceed
27 1 calendar year from the date he or she was employed or
28 appointed or until return of the processed fingerprints
29 documenting noncompliance with subsections (1)-(4) or
30 subsection (7), whichever occurs first.
31 (6) Have passed a physical examination by a licensed
17
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 physician, based on specifications established by the
2 commission.
3 (7) Have a good moral character as determined by a
4 background investigation under procedures established by the
5 commission.
6 (8) Execute and submit to the employing agency or, if
7 a private correctional officer, submit to the appropriate
8 governmental entity an affidavit-of-applicant form, adopted by
9 the commission, attesting to his or her compliance with
10 subsections (1)-(7). The affidavit shall be executed under
11 oath and constitutes an official statement within the purview
12 of s. 837.06. The affidavit shall include conspicuous language
13 that the intentional false execution of the affidavit
14 constitutes a misdemeanor of the second degree. The affidavit
15 shall be retained by the employing agency.
16 (9) Complete a commission-approved basic recruit
17 training program for the applicable criminal justice
18 discipline, unless exempt under this subsection. An applicant
19 who has:
20 (a) Completed a comparable basic recruit training
21 program for the applicable criminal justice discipline in
22 another state or for the Federal Government; and
23 (b) Served as a full-time sworn officer in another
24 state or for the Federal Government for at least one year
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26 is exempt in accordance with s. 943.131(2) from completing the
27 commission-approved basic recruit training program.
28 (10) Achieve an acceptable score on the officer
29 certification examination for the applicable criminal justice
30 discipline.
31 (11) Comply with the continuing training or education
18
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 requirements of s. 943.135.
2 Section 21. Subsection (4) of section 943.133, Florida
3 Statutes, is amended to read:
4 943.133 Responsibilities of employing agency,
5 commission, and program with respect to compliance with
6 employment qualifications and the conduct of background
7 investigations; injunctive relief.--
8 (4)(a) When the employing agency is a private entity
9 under contract to the county or the state pursuant to s.
10 944.105, s. 951.062, or chapter 957, the contracting agency
11 shall be responsible for meeting the requirements of
12 subsections (1), (2), and (3).
13 (b) When the employer of a certified correctional
14 officer is a private entity electing to use certified
15 correctional officers operating a facility for the exclusive
16 housing of federal inmates or detainees, the employer shall be
17 responsible for meeting the requirements of subsection (1),
18 (2), and (3).
19 Section 22. Subsection (4) of section 943.10, Florida
20 Statutes is amended to read:
21 943.10 Definitions; ss. 943.085-943.255.--The
22 following words and phrases as used in ss. 943.085-943.255 are
23 defined as follows:
24 (4) "Employing agency" means any agency or unit of
25 government or any municipality or the state or any political
26 subdivision thereof, or any agent thereof, which has
27 constitutional or statutory authority to employ or appoint
28 persons as officers. The term also includes any private entity
29 which has contracted with the state or county for the
30 operation and maintenance of a nonjuvenile detention facility.
31 The term also includes any private entity electing exclusively
19
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 to use certified correctional officers operating a facility
2 for the exclusive housing of federal inmates or detainees.
3 The Agency for Health Care Administration, with the
4 assistance of the Department of Corrections, shall conduct a
5 feasibility study on the placement of aged, infirm or disabled
6 correctional inmates into secure private sector long-term care
7 facilities. The feasibility study shall determine whether
8 such placements would result in cost-savings for the state,
9 what alternative fiscal resources would be available for these
10 placements, and whether such placements would be in the
11 interest of the general public and the inmates. The study
12 shall be completed and presented, along with any
13 recommendations resulting therefrom, to the Legislature by
14 November 1, 2000. The agency shall include public members and
15 representatives of the long-term care industry in an advisory
16 committee to assist in the study and preparation of the report
17 to the Legislature. Members of the advisory committee shall
18 pay their own expenses and the agency shall staff the
19 committee from its existing resources.
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 1, line 2,
25 remove from the title of the bill: the entire title
26
27 and insert in lieu thereof:
28 An act relating to correctional and detention
29 facilities; creating s. 784.078, F.S.; defining the terms
30 "facility" and "employee"; defining the offense of battery of
31 facility employee by throwing, tossing, or expelling certain
20
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 fluids or materials on an employee of a correctional facility
2 of the state or local government or a secure facility operated
3 and maintained by the Department of Corrections or the
4 Department of Juvenile Justice or other facility employee, so
5 as to cause or attempt to cause such employee to come into
6 contact with the fluid or material; providing penalties;
7 amending s. 921.0022, F.S.; providing for ranking the offense
8 of battery of a facility employee for purposes of the Criminal
9 Punishment Code offense severity ranking chart; amending s.
10 945.35, F.S.; providing an educational requirement for
11 correctional facility inmates on communicable diseases;
12 providing, upon the request of a correctional officer or other
13 employee or any unincarcerated person lawfully present in a
14 correctional facility, for testing of such persons and any
15 inmate who may have transmitted a communicable disease to such
16 persons; providing for results to be communicated to affected
17 parties; providing for access to health care; providing that
18 test results are inadmissible in court cases; requiring the
19 department to adopt rules; amending s. 945.215, F.S.; revising
20 and clarifying authorized uses of moneys in the Inmates
21 Welfare Trust Fund; providing operations of correctional work
22 programs; revising provisions relating to leased or managed
23 work programs to conform to current operations and
24 applications; amending ss. 946.502, 946.5025, 946.5026,
25 946.503, 946.506, 946.509, 946.511, 946.514, 946.515, 946.516,
26 946.518, and 946.520, F.S.; conforming internal cross
27 references; deleting obsolete language; clarifying a
28 definition; changing a reporting date; amending s. 946.504,
29 F.S.; deleting certain obsolete work program lease
30 requirements; deleting a requirement that the Department of
31 Corrections remit certain funds to a corporation established
21
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HOUSE AMENDMENT
Bill No. SB 88, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 for correctional work program purposes; deleting a prohibition
2 against transferring operating losses to the corporation;
3 deleting a requirement that the corporation employ certain
4 department personnel; amending s. 957.04, F.S., to conform a
5 cross reference; providing for housing of federal inmates or
6 detainees; creating s. 944.1055, F.S.; amending ss. 943.13,
7 943.133 and 943.10; providing for a feasibility study on
8 secure private sector long-term care facilities; providing an
9 effective date.
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