Senate Bill sb1148e1
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SB 1148 First Engrossed
1 A bill to be entitled
2 An act relating to operations of correctional
3 work programs; revising provisions relating to
4 leased or managed work programs to conform to
5 current operations and applications; amending
6 ss. 946.502, 946.5025, 946.5026, 946.503,
7 946.506, 946.509, 946.511, 946.514, 946.516,
8 946.518, 946.520, F.S.; conforming internal
9 cross-references; deleting obsolete provisions;
10 clarifying a definition; changing a reporting
11 date; amending s. 957.04, F.S., to conform a
12 cross-reference; providing a declaration of
13 important state interest; creating s. 946.525,
14 F.S.; establishing participation requirements;
15 providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsections (2), (3), and (4) of section
20 946.502, Florida Statutes, are amended to read:
21 946.502 Legislative intent with respect to operation
22 of correctional work programs.--
23 (2) It is further the intent of the Legislature that,
24 once one such nonprofit corporation is organized, no other
25 nonprofit corporation be organized for the purpose of carrying
26 out this part ss. 946.502-946.518. In carrying out this part
27 ss. 946.502-946.518, the corporation is not an "agency" within
28 the meaning of s. 20.03(11).
29 (3) It is further the intent of the Legislature that,
30 by July 1, 1985, the corporation shall lease have leased all
31 correctional work programs from the department.
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SB 1148 First Engrossed
1 (4) It is further the intent of the Legislature that
2 the state shall have a continuing interest in assuring
3 continuity and stability in the operation of correctional work
4 programs and that this part ss. 946.502-946.518 be construed
5 in furtherance of such goals.
6 Section 2. Section 946.5025, Florida Statutes, is
7 amended to read:
8 946.5025 Authorization of corporation to enter into
9 contracts.--The corporation established under this part
10 chapter may enter into contracts to operate correctional work
11 programs with any county or municipal authority that operates
12 a correctional facility or with a contractor authorized under
13 chapter 944 or chapter 957 to operate a private correctional
14 facility. The corporation has the same powers, privileges, and
15 immunities in carrying out such contracts as it has under this
16 chapter.
17 Section 3. Section 946.5026, Florida Statutes, is
18 amended to read:
19 946.5026 Sovereign immunity in tort actions.--The
20 provisions of s. 768.28 shall be applicable to the corporation
21 established under this part pursuant to s. 946.504(1), which
22 is deemed to be a corporation primarily acting as an
23 instrumentality of the state.
24 Section 4. Section 946.503, Florida Statutes, is
25 amended to read:
26 946.503 Definitions to be used with respect to
27 correctional work programs.--As used in this part ss.
28 946.502-946.518, the term:
29 (1) "Corporation" means the private nonprofit
30 corporation established pursuant to s. 946.504(1), or a
31 private nonprofit corporation whose sole member is the private
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SB 1148 First Engrossed
1 nonprofit corporation established pursuant to s. 946.504(1),
2 and at least 51 percent of the board of which contains members
3 of the board of directors of the private nonprofit corporation
4 established pursuant to s. 946.504(1), to carry out this part
5 ss. 946.502-946.518.
6 (2) "Correctional work program" means any program
7 presently a part of the prison industries program operated by
8 the department or any other correctional work program carried
9 on at any state correctional facility presently or in the
10 future, but the term does not include any program authorized
11 by s. 945.091 or s. 946.40.
12 (3) "Department" means the Department of Corrections.
13 (4) "Facilities" means the buildings and land used in
14 the operation of an industry program on state property.
15 (5) "Inmate" means any person incarcerated within any
16 state, county, municipal, or private correctional facility.
17 (6) "Private correctional facility" means a facility
18 authorized by chapter 944 or chapter 957.
19 Section 5. Section 946.506, Florida Statutes, is
20 amended to read:
21 946.506 Modification or termination of correctional
22 work program by the corporation.--This part does Sections
23 946.502-946.518 do not prevent the corporation from modifying,
24 altering, or terminating any correctional work program, once
25 assumed, so long as the corporation is otherwise carrying out
26 the provisions of this part ss. 946.502-946.518.
27 Section 6. Subsection (1) of section 946.509, Florida
28 Statutes, is amended to read:
29 946.509 Insurance of property leased or acquired by
30 the corporation.--
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1 (1) The State Risk Management Trust Fund created under
2 s. 284.30 shall insure all property eligible for coverage
3 under part I of chapter 284 which is leased by the department
4 to the corporation or which is subsequently acquired and owned
5 or leased by the corporation and subject to the reversionary
6 ownership interest of the state established in s. 946.505.
7 Section 7. Subsection (1) of section 946.511, Florida
8 Statutes, is amended to read:
9 946.511 Provision of inmate labor to operate
10 correctional work programs; policies and procedures.--
11 (1) Inmates shall be evaluated and identified during
12 the reception process to determine basic literacy, employment
13 skills, academic skills, vocational skills, and remedial and
14 rehabilitative needs. The evaluation shall prescribe
15 education, work, and work-training for each inmate. Assignment
16 to programs shall be based on the evaluation and the length of
17 time the inmate will be in the custody of the department.
18 Assignment to programs shall be reviewed every 6 months to
19 ensure proper placement based on bed space availability.
20 Assignment of inmates shall be governed by the following
21 objectives and priorities:
22 (a) Inmates shall be assigned to meet the needs of the
23 work requirements of the Department of Corrections, including
24 essential operational functions and revenue-generating
25 contracts.
26 (b) Inmates shall be assigned to correctional
27 education.
28 (c) Inmates shall be assigned to meet all other work
29 requirements of the department, including remaining
30 operational functions and nonrevenue-generating contracts.
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1 As used in this subsection, the term "revenue-generating
2 contracts" includes contracts with the Department of
3 Transportation, the corporation authorized to conduct the
4 correctional work programs under this part II, the corporation
5 and private sector businesses operating programs authorized
6 under s. 946.523 946.006(3), and federal, state, or local
7 governmental entities or subdivisions authorized under s.
8 944.10(7).
9 Section 8. Subsections (1) and (2) of section 946.514,
10 Florida Statutes, are amended to read:
11 946.514 Civil rights of inmates; inmates not state
12 employees; liability of corporation for inmate injuries.--
13 (1) Nothing contained in this part ss. 946.502-946.517
14 is intended to restore in whole or in part the civil rights of
15 inmates.
16 (2) No inmate compensated under this part ss.
17 946.502-946.517 or by the corporation or the department shall
18 be considered as an employee of the state, the department, or
19 the corporation.
20 Section 9. Subsection (1) of section 946.516, Florida
21 Statutes, is amended to read:
22 946.516 Report to Governor, Legislature, and Auditor
23 General by the corporation; Department of Corrections report;
24 annual financial audit.--
25 (1) The corporation shall submit to the Governor and
26 the Legislature, on or before July January 1 of each year, a
27 report on the status of the correctional work programs,
28 including, but not limited to, the proposed use of the profits
29 from such programs, a breakdown of the amount of noninmate
30 labor used, work subcontracted to other vendors, use of
31 consultants, finished goods purchased for resale, and the
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SB 1148 First Engrossed
1 number of inmates working in the correctional work programs at
2 the time of such report. In addition, the corporation shall
3 submit to the department, the Governor, the Legislature, and
4 the Auditor General an annual financial audit report and such
5 other information as may be requested by the Legislature,
6 together with recommendations relating to provisions for
7 reasonable tax incentives to private enterprises which employ
8 inmates, parolees, or former inmates who have participated in
9 correctional work programs.
10 Section 10. Section 946.518, Florida Statutes, is
11 amended to read:
12 946.518 Sale of goods made by prisoners; when
13 prohibited, when permitted.--Goods, wares, or merchandise
14 manufactured or mined in whole or in part by prisoners (except
15 prisoners on parole or probation) may not be sold or offered
16 for sale in this state by any person or by any federal
17 authority or state or political subdivision thereof; however,
18 this section does not forbid the sale, exchange, or
19 disposition of such goods within the limitations set forth in
20 s. 946.515, s. 946.523, or s. 946.524.
21 Section 11. Section 946.520, Florida Statutes, is
22 amended to read:
23 946.520 Assignment of inmates by Department of
24 Corrections.--
25 (1) The department shall exert its best efforts to
26 assign inmates to the corporation, or the private sector
27 business authorized under this part I of this chapter, who
28 have not less than 1 nor more than 5 years remaining before
29 their tentative release dates. Beginning January 1, 1998, the
30 department shall maintain the assignment of at least 60
31 percent of inmates to all correctional work programs
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1 collectively to the corporation, or to the private sector
2 business authorized under this part I of this chapter, who
3 have less than 10 years remaining before their tentative
4 release dates. This 60-percent requirement does not apply to
5 any correctional work program, or private sector business
6 authorized under this part I of this chapter, within an
7 institution for any year in which, as of January 1 of that
8 year, the average years remaining before the tentative release
9 date of all inmates assigned to that institution exceeds 12
10 years.
11 (2) The department may not remove an inmate once
12 assigned to the corporation or to the private sector business
13 authorized under this part I of this chapter, except upon
14 request of or consent of such corporation or private sector
15 business or for the purposes of population management, for
16 inmate conduct that may subject the inmate to disciplinary
17 confinement or loss of gain-time, or for security and safety
18 concerns specifically set forth in writing to the corporation
19 or private sector business.
20 Section 12. Paragraph (f) of subsection (1) of section
21 957.04, Florida Statutes, is amended to read:
22 957.04 Contract requirements.--
23 (1) A contract entered into under this chapter for the
24 operation of private correctional facilities shall maximize
25 the cost savings of such facilities and shall:
26 (f) Require the contractor to be responsible for a
27 range of dental, medical, and psychological services; diet;
28 education; and work programs at least equal to those provided
29 by the department in comparable facilities. The work and
30 education programs must be designed to reduce recidivism, and
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SB 1148 First Engrossed
1 include opportunities to participate in such work programs as
2 authorized pursuant to s. 946.523 946.006.
3 Section 13. The Legislature finds that a proper and
4 legitimate state purpose is served when employees of the
5 corporation established under this part, which is primarily an
6 instrumentality of the state and carries out a vital state
7 purpose under the direction of a board of directors which is
8 appointed by the Governor and confirmed by the Senate, are
9 given additional choices for the basic protections afforded by
10 group health and prescription drug coverage programs that also
11 permit the continued operation of a competitive marketplace
12 and assure that affordable and available coverage is extended
13 to all interested parties. Therefore, the Legislature
14 determines and declares that section 946.525, Florida
15 Statutes, fulfills an important state interest.
16 Section 14. Section 946.525, Florida Statutes, is
17 created to read:
18 946.525 Participation by the corporation in the state
19 group health insurance and prescription drug programs.--
20 (1) The board of directors of the corporation
21 established under this part may apply for participation in the
22 state group health insurance program authorized in s. 110.123
23 and the prescription drug coverage program authorized by s.
24 110.12315 by submitting an application along with a $500
25 nonrefundable fee to the Department of Management Services.
26 (2) As a prerequisite to the adoption of a resolution
27 for participation in the state group health insurance and
28 prescription drug coverage program, the corporation shall seek
29 proposals to provide health insurance and prescription drug
30 coverage which coverages are equivalent to those offered
31 currently by the corporation and coverages equivalent to the
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SB 1148 First Engrossed
1 state group health insurance and prescription drug coverage
2 program. The corporation shall review and consider all
3 responsive proposals prior to the adoption of any resolution
4 for participation in the state group health insurance and
5 prescription drug coverage program.
6 (3) If the Department of Management Services
7 determines that the corporation is eligible to enroll, the
8 corporation must agree to the following terms and conditions:
9 (a) The minimum enrollment or contractual period will
10 be 3 years.
11 (b) The corporation must pay to the Department of
12 Management Services an initial administrative fee not less
13 than $2.61 per enrollee per month, or such other amount
14 established annually to fully reimburse the Department of
15 Management Services for its costs.
16 (c) Termination of participation of the corporation
17 requires written notice 1 year before the termination date.
18 (d) If participation is terminated, the corporation
19 may not reapply for participation for a period of 2 years.
20 (e) The corporation shall reimburse the state for 100
21 percent of its costs, including administrative costs.
22 (f) If the corporation fails to make the payments
23 required by this section to fully reimburse the state, the
24 Department of Revenue or the Department of Banking and Finance
25 shall, upon the request of the Department of Management
26 Services, deduct the amount owed by the employer from any
27 funds to be distributed by it to the corporation. The amounts
28 so deducted shall be transferred to the Department of
29 Management Services for further distribution to the trust
30 funds in accordance with this chapter.
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1 (g) The corporation shall furnish the Department of
2 Management Services any information requested by the
3 Department of Management Services which the Department of
4 Management Services considers necessary to administer the
5 state group health insurance program and the prescription drug
6 program.
7 (4) The provisions of ss. 624.436-624.446 do not apply
8 to the State Group Insurance Program or to this section.
9 (5) The Department of Management Services may adopt
10 rules necessary to administer this section.
11 Section 15. The Department of Management Services
12 shall request from the Internal Revenue Service, by October 1,
13 2001, a written determination letter and a favorable private
14 letter ruling, stating that the State Group Self-Insurance
15 Program, as amended by section 946.525, Florida Statutes, is a
16 facially qualified plan. The department shall notify the
17 President of the Senate and the Speaker of the House of
18 Representatives within 30 days after the receipt of the
19 favorable or unfavorable letters.
20 Section 16. This act shall take effect upon becoming a
21 law, except that section 14 shall take effect only when the
22 Department of Management Services receives the favorable
23 letters requested by section 15. If the favorable letters are
24 not received, section 14 shall not take effect.
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