Senate Bill sb1148e2

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    SB 1148                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to corrections; revising

  3         provisions relating to leased or managed work

  4         programs to conform to current operations and

  5         applications; amending ss. 946.502, 946.5025,

  6         946.5026, 946.503, 946.506, 946.509, 946.511,

  7         946.514, 946.516, 946.518, 946.520, F.S.;

  8         conforming internal cross-references; deleting

  9         obsolete provisions; clarifying a definition;

10         changing a reporting date; amending s. 957.04,

11         F.S., to conform a cross-reference; providing a

12         declaration of important state interest;

13         creating s. 946.525, F.S.; establishing

14         participation requirements; amending s. 948.09,

15         F.S.; revising the amount of the surcharge paid

16         to the Department of Corrections by offenders

17         placed on community control; providing an

18         effective date.

19

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

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22         Section 1.  Subsections (2), (3), and (4) of section

23  946.502, Florida Statutes, are amended to read:

24         946.502  Legislative intent with respect to operation

25  of correctional work programs.--

26         (2)  It is further the intent of the Legislature that,

27  once one such nonprofit corporation is organized, no other

28  nonprofit corporation be organized for the purpose of carrying

29  out this part ss. 946.502-946.518.  In carrying out this part

30  ss. 946.502-946.518, the corporation is not an "agency" within

31  the meaning of s. 20.03(11).


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    SB 1148                                       Second Engrossed



  1         (3)  It is further the intent of the Legislature that,

  2  by July 1, 1985, the corporation shall lease have leased all

  3  correctional work programs from the department.

  4         (4)  It is further the intent of the Legislature that

  5  the state shall have a continuing interest in assuring

  6  continuity and stability in the operation of correctional work

  7  programs and that this part ss. 946.502-946.518 be construed

  8  in furtherance of such goals.

  9         Section 2.  Section 946.5025, Florida Statutes, is

10  amended to read:

11         946.5025  Authorization of corporation to enter into

12  contracts.--The corporation established under this part

13  chapter may enter into contracts to operate correctional work

14  programs with any county or municipal authority that operates

15  a correctional facility or with a contractor authorized under

16  chapter 944 or chapter 957 to operate a private correctional

17  facility. The corporation has the same powers, privileges, and

18  immunities in carrying out such contracts as it has under this

19  chapter.

20         Section 3.  Section 946.5026, Florida Statutes, is

21  amended to read:

22         946.5026  Sovereign immunity in tort actions.--The

23  provisions of s. 768.28 shall be applicable to the corporation

24  established under this part pursuant to s. 946.504(1), which

25  is deemed to be a corporation primarily acting as an

26  instrumentality of the state.

27         Section 4.  Section 946.503, Florida Statutes, is

28  amended to read:

29         946.503  Definitions to be used with respect to

30  correctional work programs.--As used in this part ss.

31  946.502-946.518, the term:


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    SB 1148                                       Second Engrossed



  1         (1)  "Corporation" means the private nonprofit

  2  corporation established pursuant to s. 946.504(1), or a

  3  private nonprofit corporation whose sole member is the private

  4  nonprofit corporation established pursuant to s. 946.504(1),

  5  and at least 51 percent of the board of which contains members

  6  of the board of directors of the private nonprofit corporation

  7  established pursuant to s. 946.504(1), to carry out this part

  8  ss. 946.502-946.518.

  9         (2)  "Correctional work program" means any program

10  presently a part of the prison industries program operated by

11  the department or any other correctional work program carried

12  on at any state correctional facility presently or in the

13  future, but the term does not include any program authorized

14  by s. 945.091 or s. 946.40.

15         (3)  "Department" means the Department of Corrections.

16         (4)  "Facilities" means the buildings and land used in

17  the operation of an industry program on state property.

18         (5)  "Inmate" means any person incarcerated within any

19  state, county, municipal, or private correctional facility.

20         (6)  "Private correctional facility" means a facility

21  authorized by chapter 944 or chapter 957.

22         Section 5.  Section 946.506, Florida Statutes, is

23  amended to read:

24         946.506  Modification or termination of correctional

25  work program by the corporation.--This part does Sections

26  946.502-946.518 do not prevent the corporation from modifying,

27  altering, or terminating any correctional work program, once

28  assumed, so long as the corporation is otherwise carrying out

29  the provisions of this part ss. 946.502-946.518.

30         Section 6.  Subsection (1) of section 946.509, Florida

31  Statutes, is amended to read:


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    SB 1148                                       Second Engrossed



  1         946.509  Insurance of property leased or acquired by

  2  the corporation.--

  3         (1)  The State Risk Management Trust Fund created under

  4  s. 284.30 shall insure all property eligible for coverage

  5  under part I of chapter 284 which is leased by the department

  6  to the corporation or which is subsequently acquired and owned

  7  or leased by the corporation and subject to the reversionary

  8  ownership interest of the state established in s. 946.505.

  9         Section 7.  Subsection (1) of section 946.511, Florida

10  Statutes, is amended to read:

11         946.511  Provision of inmate labor to operate

12  correctional work programs; policies and procedures.--

13         (1)  Inmates shall be evaluated and identified during

14  the reception process to determine basic literacy, employment

15  skills, academic skills, vocational skills, and remedial and

16  rehabilitative needs.  The evaluation shall prescribe

17  education, work, and work-training for each inmate. Assignment

18  to programs shall be based on the evaluation and the length of

19  time the inmate will be in the custody of the department.

20  Assignment to programs shall be reviewed every 6 months to

21  ensure proper placement based on bed space availability.

22  Assignment of inmates shall be governed by the following

23  objectives and priorities:

24         (a)  Inmates shall be assigned to meet the needs of the

25  work requirements of the Department of Corrections, including

26  essential operational functions and revenue-generating

27  contracts.

28         (b)  Inmates shall be assigned to correctional

29  education.

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    SB 1148                                       Second Engrossed



  1         (c)  Inmates shall be assigned to meet all other work

  2  requirements of the department, including remaining

  3  operational functions and nonrevenue-generating contracts.

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  5  As used in this subsection, the term "revenue-generating

  6  contracts" includes contracts with the Department of

  7  Transportation, the corporation authorized to conduct the

  8  correctional work programs under this part II, the corporation

  9  and private sector businesses operating programs authorized

10  under s. 946.523 946.006(3), and federal, state, or local

11  governmental entities or subdivisions authorized under s.

12  944.10(7).

13         Section 8.  Subsections (1) and (2) of section 946.514,

14  Florida Statutes, are amended to read:

15         946.514  Civil rights of inmates; inmates not state

16  employees; liability of corporation for inmate injuries.--

17         (1)  Nothing contained in this part ss. 946.502-946.517

18  is intended to restore in whole or in part the civil rights of

19  inmates.

20         (2)  No inmate compensated under this part ss.

21  946.502-946.517 or by the corporation or the department shall

22  be considered as an employee of the state, the department, or

23  the corporation.

24         Section 9.  Subsection (1) of section 946.516, Florida

25  Statutes, is amended to read:

26         946.516  Report to Governor, Legislature, and Auditor

27  General by the corporation; Department of Corrections report;

28  annual financial audit.--

29         (1)  The corporation shall submit to the Governor and

30  the Legislature, on or before July January 1 of each year, a

31  report on the status of the correctional work programs,


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    SB 1148                                       Second Engrossed



  1  including, but not limited to, the proposed use of the profits

  2  from such programs, a breakdown of the amount of noninmate

  3  labor used, work subcontracted to other vendors, use of

  4  consultants, finished goods purchased for resale, and the

  5  number of inmates working in the correctional work programs at

  6  the time of such report.  In addition, the corporation shall

  7  submit to the department, the Governor, the Legislature, and

  8  the Auditor General an annual financial audit report and such

  9  other information as may be requested by the Legislature,

10  together with recommendations relating to provisions for

11  reasonable tax incentives to private enterprises which employ

12  inmates, parolees, or former inmates who have participated in

13  correctional work programs.

14         Section 10.  Section 946.518, Florida Statutes, is

15  amended to read:

16         946.518  Sale of goods made by prisoners; when

17  prohibited, when permitted.--Goods, wares, or merchandise

18  manufactured or mined in whole or in part by prisoners (except

19  prisoners on parole or probation) may not be sold or offered

20  for sale in this state by any person or by any federal

21  authority or state or political subdivision thereof; however,

22  this section does not forbid the sale, exchange, or

23  disposition of such goods within the limitations set forth in

24  s. 946.515, s. 946.523, or s. 946.524.

25         Section 11.  Section 946.520, Florida Statutes, is

26  amended to read:

27         946.520  Assignment of inmates by Department of

28  Corrections.--

29         (1)  The department shall exert its best efforts to

30  assign inmates to the corporation, or the private sector

31  business authorized under this part I of this chapter, who


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    SB 1148                                       Second Engrossed



  1  have not less than 1 nor more than 5 years remaining before

  2  their tentative release dates.  Beginning January 1, 1998, the

  3  department shall maintain the assignment of at least 60

  4  percent of inmates to all correctional work programs

  5  collectively to the corporation, or to the private sector

  6  business authorized under this part I of this chapter, who

  7  have less than 10 years remaining before their tentative

  8  release dates.  This 60-percent requirement does not apply to

  9  any correctional work program, or private sector business

10  authorized under this part I of this chapter, within an

11  institution for any year in which, as of January 1 of that

12  year, the average years remaining before the tentative release

13  date of all inmates assigned to that institution exceeds 12

14  years.

15         (2)  The department may not remove an inmate once

16  assigned to the corporation or to the private sector business

17  authorized under this part I of this chapter, except upon

18  request of or consent of such corporation or private sector

19  business or for the purposes of population management, for

20  inmate conduct that may subject the inmate to disciplinary

21  confinement or loss of gain-time, or for security and safety

22  concerns specifically set forth in writing to the corporation

23  or private sector business.

24         Section 12.  Paragraph (f) of subsection (1) of section

25  957.04, Florida Statutes, is amended to read:

26         957.04  Contract requirements.--

27         (1)  A contract entered into under this chapter for the

28  operation of private correctional facilities shall maximize

29  the cost savings of such facilities and shall:

30         (f)  Require the contractor to be responsible for a

31  range of dental, medical, and psychological services; diet;


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    SB 1148                                       Second Engrossed



  1  education; and work programs at least equal to those provided

  2  by the department in comparable facilities. The work and

  3  education programs must be designed to reduce recidivism, and

  4  include opportunities to participate in such work programs as

  5  authorized pursuant to s. 946.523 946.006.

  6         Section 13.  The Legislature finds that a proper and

  7  legitimate state purpose is served when employees of the

  8  corporation established under this part, which is primarily an

  9  instrumentality of the state and carries out a vital state

10  purpose under the direction of a board of directors which is

11  appointed by the Governor and confirmed by the Senate, are

12  given additional choices for the basic protections afforded by

13  group health and prescription drug coverage programs that also

14  permit the continued operation of a competitive marketplace

15  and assure that affordable and available coverage is extended

16  to all interested parties. Therefore, the Legislature

17  determines and declares that section 946.525, Florida

18  Statutes, fulfills an important state interest.

19         Section 14.  Section 946.525, Florida Statutes, is

20  created to read:

21         946.525  Participation by the corporation in the state

22  group health insurance and prescription drug programs.--

23         (1)  The board of directors of the corporation

24  established under this part may apply for participation in the

25  state group health insurance program authorized in s. 110.123

26  and the prescription drug coverage program authorized by s.

27  110.12315 by submitting an application along with a $500

28  nonrefundable fee to the Department of Management Services.

29         (2)  As a prerequisite to the adoption of a resolution

30  for participation in the state group health insurance and

31  prescription drug coverage program, the corporation shall seek


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    SB 1148                                       Second Engrossed



  1  proposals to provide health insurance and prescription drug

  2  coverage which coverages are equivalent to those offered

  3  currently by the corporation and coverages equivalent to the

  4  state group health insurance and prescription drug coverage

  5  program. The corporation shall review and consider all

  6  responsive proposals prior to the adoption of any resolution

  7  for participation in the state group health insurance and

  8  prescription drug coverage program.

  9         (3)  If the Department of Management Services

10  determines that the corporation is eligible to enroll, the

11  corporation must agree to the following terms and conditions:

12         (a)  The minimum enrollment or contractual period will

13  be 3 years.

14         (b)  The corporation must pay to the Department of

15  Management Services an initial administrative fee not less

16  than $2.61 per enrollee per month, or such other amount

17  established annually to fully reimburse the Department of

18  Management Services for its costs.

19         (c)  Termination of participation of the corporation

20  requires written notice 1 year before the termination date.

21         (d)  If participation is terminated, the corporation

22  may not reapply for participation for a period of 2 years.

23         (e)  The corporation shall reimburse the state for 100

24  percent of its costs, including administrative costs.

25         (f)  If the corporation fails to make the payments

26  required by this section to fully reimburse the state, the

27  Department of Revenue or the Department of Banking and Finance

28  shall, upon the request of the Department of Management

29  Services, deduct the amount owed by the employer from any

30  funds to be distributed by it to the corporation. The amounts

31  so deducted shall be transferred to the Department of


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    SB 1148                                       Second Engrossed



  1  Management Services for further distribution to the trust

  2  funds in accordance with this chapter.

  3         (g)  The corporation shall furnish the Department of

  4  Management Services any information requested by the

  5  Department of Management Services which the Department of

  6  Management Services considers necessary to administer the

  7  state group health insurance program and the prescription drug

  8  program.

  9         (4)  The provisions of ss. 624.436-624.446 do not apply

10  to the State Group Insurance Program or to this section.

11         (5)  The Department of Management Services may adopt

12  rules necessary to administer this section.

13         Section 15.  The Department of Management Services

14  shall request from the Internal Revenue Service, by October 1,

15  2001, a written determination letter and a favorable private

16  letter ruling, stating that the State Group Self-Insurance

17  Program, as amended by section 946.525, Florida Statutes, is a

18  facially qualified plan. The department shall notify the

19  President of the Senate and the Speaker of the House of

20  Representatives within 30 days after the receipt of the

21  favorable or unfavorable letters.

22         Section 16.  Subsection (2) of section 948.09, Florida

23  Statutes, is amended to read:

24         948.09  Payment for cost of supervision and

25  rehabilitation.--

26         (2)  Any person being electronically monitored by the

27  department as a result of placement on community control shall

28  be required to pay as a $1-per-day surcharge an amount that

29  may not exceed the full cost of the monitoring service in

30  addition to the cost of supervision fee as directed by the

31  sentencing court. The surcharge shall be deposited in the


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    SB 1148                                       Second Engrossed



  1  Operating Trust Fund to be used by the department for

  2  purchasing and maintaining electronic monitoring devices.

  3         Section 17.  This act shall take effect upon becoming a

  4  law, except that section 14 shall take effect only when the

  5  Department of Management Services receives the favorable

  6  letters requested by section 15. If the favorable letters are

  7  not received, section 14 shall not take effect.

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