Senate Bill sb1534e1

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  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending s. 921.161, F.S.;

  4         revising requirements for the department with

  5         respect to calculating credit allowed to a

  6         defendant for time served; revising

  7         requirements for certifying time served;

  8         requiring the custodians of the local jail to

  9         perform certain calculations; amending s.

10         944.28, F.S.; providing for a disciplinary

11         hearing officer rather than a disciplinary

12         committee to determine forfeiture of gain-time;

13         amending s. 944.35, F.S.; requiring that the

14         department's Inspector General review the use

15         of force by department employees; providing for

16         the Inspector General to determine the

17         appropriateness of the force used; amending ss.

18         944.012, 944.02, 944.023, 944.026, 944.033,

19         944.09, 944.095, 944.10, 944.11, 944.115,

20         944.14, 944.151, 944.23, 944.24, 944.31,

21         944.32, 944.39, 944.402, 944.44, 944.45,

22         944.46, 944.47, 944.611, 944.613, 944.801,

23         944.803, 944.8031, F.S., relating to the state

24         correctional system; amending ss. 945.025,

25         945.0311, 945.091, 945.215, 945.21501,

26         945.21502, 945.27, 945.35, 945.6031, 945.6037,

27         945.72, 945.75, F.S., relating to the

28         Department of Corrections; amending ss.

29         946.002, 946.205, 946.25, 946.40, 946.504,

30         946.513, F.S., relating to inmate labor and

31         correctional work programs; redesignating


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  1         correctional institutions as "prisons" and

  2         community correctional centers as "work-release

  3         centers"; amending ss. 413.051, 414.40, 948.03,

  4         951.23, 958.04, F.S., relating to vending

  5         operations, the Stop Inmate Fraud Program,

  6         probation and community control, county and

  7         municipal detention facilities, and youthful

  8         offenders; conforming cross-references to

  9         changes made by the act; amending s. 948.09,

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

11         to the department by offenders placed on

12         community control; amending s. 945.215, F.S.;

13         revising provisions relating to use of funds

14         for specified purposes at correctional

15         facilities operated by the Department of

16         Corrections; deleting language relating to

17         legislative intent; amending s. 944.17, F.S.;

18         providing for certain responsibilities relating

19         to the transportation of prisoners; providing

20         Legislative intent regarding the adoption of

21         standards for the operation of local jails;

22         providing such intent regarding the operation

23         of the Florida Corrections Accreditation

24         Commission accreditation program; requiring the

25         Department of Corrections to provide financial

26         support to the commission; establishing

27         standards for the program; requiring a report;

28         providing an appropriation; amending s. 943.12,

29         F.S.; revising the powers and duties of the

30         commission relating to certification of

31         training schools and instructors; amending s.


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  1         943.13, F.S.; allowing employee physicals to be

  2         performed by physician assistants; amending s.

  3         943.131, F.S.; providing alternative

  4         requirements for certain applicants who seek

  5         exemptions from the basic-recruit training

  6         program; amending s. 943.135, F.S.; eliminating

  7         a requirement that the department provide

  8         remediation programs for officers who cannot

  9         comply with continuing education requirements

10         because of learning disabilities; amending s.

11         943.1395, F.S.; limiting the circumstances

12         under which officers may be registered and hold

13         concurrent certification; amending s. 943.14,

14         F.S.; deleting a requirement for commission

15         approval of certain courses; providing for

16         staff to approve certain diplomas or

17         certificates; eliminating an exemption from

18         section requirements for certain training

19         schools and programs; amending s. 943.17, F.S.;

20         requiring the commission to establish a

21         specialized training program; amending s.

22         943.173, F.S.; conforming provisions amending

23         s. 943.175, F.S.; eliminating provisions

24         governing specialized training programs;

25         amending s. 943.22, F.S.; redefining the term

26         "accredited college"; amending s. 943.25, F.S.;

27         prohibiting the assessment of certain costs

28         against officers or agencies for courses

29         offered by criminal justice training schools;

30         amending s. 316.640, F.S.; specifying the

31         training requirement for certain persons


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  1         employed as traffic accident or crash

  2         investigation officers or traffic infraction

  3         enforcement officers; amending s. 944.31, F.S.;

  4         revising terminology; providing for the

  5         designation of law enforcement officers to

  6         conduct certain investigations; providing such

  7         officers' qualifications and powers; requiring

  8         the Department of Corrections to notify a

  9         prisoner of any hepatitis diagnosis; providing

10         an effective date.

11  

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

13  

14         Section 1.  Section 921.161, Florida Statutes, is

15  amended to read:

16         921.161  Sentence not to run until imposed; credit for

17  county jail time after sentence; certificate of custodian of

18  jail.--

19         (1)  A sentence of imprisonment shall not begin to run

20  before the date it is imposed, but the court imposing a

21  sentence shall allow a defendant credit for all of the time

22  she or he spent in the county jail before sentence. Unless

23  documented on the sheriff's certificate, the Department of

24  Corrections may not credit time served that is awarded by the

25  court when calculating, under s. 944.275, the date on which a

26  defendant will satisfy 85 percent of the sentence imposed.

27  However, the department may apply such additional credit for

28  time served prior to sentencing if the court specifies on the

29  judgment and sentence, or by separate court order, the dates

30  and places of the defendant's additional incarceration. The

31  


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  1  credit must be for a specified period of time and shall be

  2  provided for in the sentence.

  3         (2)  In addition to other credits, a person sentenced

  4  to imprisonment in custody of the Department of Corrections

  5  shall receive credit on her or his sentence for all time spent

  6  between sentencing and being placed in custody of the

  7  department. When delivering a prisoner to the department, the

  8  custodian of the local jail shall certify to the department it

  9  in writing:

10         (a)  The date of arrest or, if the prisoner is received

11  from another jurisdiction, the date on which and name of the

12  agency from which the prisoner is received, the date the

13  sentence was imposed, and the date the prisoner was delivered

14  to the department or to another jurisdiction.

15         (b)  The dates of any periods after sentence when the

16  prisoner was at liberty on bond.

17         (c)  The dates and reasons for any other times the

18  prisoner was at liberty between the date the prisoner was

19  arrested and the date the prisoner was delivered to the

20  Department of Corrections after sentence.

21         (d)  The offender-based transaction system number or

22  numbers from the uniform arrest report or reports established

23  pursuant to s. 943.05(2).

24         (e)  The custodian of the local jail shall prepare the

25  calculation required under this section and shall provide it

26  to the court prior to sentencing.

27  

28  The certificate shall be prima facie evidence of the facts

29  certified.

30         Section 2.  Paragraph (c) of subsection (2) of section

31  944.28, Florida Statutes, is amended to read:


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  1         944.28  Forfeiture of gain-time and the right to earn

  2  gain-time in the future.--

  3         (2)

  4         (c)  The method of declaring a forfeiture under

  5  paragraph (a) or paragraph (b) shall be as follows:  A written

  6  charge shall be prepared, which shall specify each instance of

  7  misconduct upon which it is based and the approximate date

  8  thereof.  A copy of such charge shall be delivered to the

  9  prisoner, and he or she shall be given notice of a hearing

10  before the disciplinary hearing officer designated committee

11  created under the authorization of rules heretofore or

12  hereafter adopted by the department for the institution in

13  which he or she is confined.  The prisoner shall be present at

14  the hearing.  If at such hearing the prisoner pleads guilty to

15  the charge or if the disciplinary hearing officer committee

16  determines that the prisoner is guilty thereof upon the basis

17  of proof presented at such hearing, it shall find him or her

18  guilty. If the disciplinary hearing officer committee

19  considers that all or part of the prisoner's gain-time and the

20  prisoner's right to earn gain-time during all or any part of

21  the sentence or sentences under which he or she is imprisoned

22  shall be forfeited, it shall so recommend in its written

23  report. Such report shall be presented to the warden of the

24  institution, who may approve such recommendation in whole or

25  in part by endorsing such approval on the report.  In the

26  event of approval, the warden shall forward the report to the

27  department. Thereupon, the department may, in its discretion,

28  declare the forfeiture thus approved by the warden or any

29  specified part thereof.

30  

31  


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  1         Section 3.  Paragraph (a) of subsection (1) and

  2  subsection (2) of section 944.35, Florida Statutes, are

  3  amended to read:

  4         944.35  Authorized use of force; malicious battery and

  5  sexual misconduct prohibited; reporting required; penalties.--

  6         (1)(a)  An employee of the department is authorized to

  7  apply physical force upon an inmate only when and to the

  8  extent that it reasonably appears necessary:

  9         1.  To defend himself or herself or another against

10  such other imminent use of unlawful force;

11         2.  To prevent a person from escaping from a state

12  prison correctional institution when the officer reasonably

13  believes that person is lawfully detained in such institution;

14         3.  To prevent damage to property;

15         4.  To quell a disturbance;

16         5.  To overcome physical resistance to a lawful

17  command; or

18         6.  To administer medical treatment only by or under

19  the supervision of a physician or his or her designee and

20  only:

21         a.  When treatment is necessary to protect the health

22  of other persons, as in the case of contagious or venereal

23  diseases; or

24         b.  When treatment is offered in satisfaction of a duty

25  to protect the inmate against self-inflicted injury or death.

26  

27  As part of the correctional officer training program, the

28  Criminal Justice Standards and Training Commission shall

29  develop a course specifically designed to explain the

30  parameters of this subsection and to teach the proper methods

31  


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  1  and techniques in applying authorized physical force upon an

  2  inmate.

  3         (2)  Each employee of the department who either applies

  4  physical force or was responsible for making the decision to

  5  apply physical force upon an inmate or an offender supervised

  6  by the department in the community pursuant to this subsection

  7  shall prepare, date, and sign an independent report within 5

  8  working days after of the incident. The report shall be

  9  delivered to the circuit administrator or warden or the

10  regional administrator, who shall forward the report with all

11  appropriate documentation to the Office of the Inspector

12  General have an investigation made and shall approve or

13  disapprove the force used. The Inspector General shall conduct

14  a review and make recommendations regarding the

15  appropriateness or inappropriateness of the use of force. If

16  the Inspector General finds that the use of force was

17  appropriate, the employee's report, together with the

18  Inspector General's written determination of the

19  appropriateness of the force used and the reasons therefor,

20  shall be forwarded to the circuit administrator or warden

21  within 5 working days after the date of the completion of the

22  review. If the Inspector General finds that the use of force

23  was inappropriate, the Inspector General shall conduct a

24  complete investigation into the incident and forward the

25  findings of fact to the appropriate regional director for

26  further action. The employee's report, together with the

27  warden's or regional administrator's written approval or

28  disapproval of the force used and the reasons therefor, shall

29  be forwarded within 5 working days of the date of the

30  completion of the investigation to the regional director. The

31  regional director shall, in writing, concur in the warden's or


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  1  regional administrator's evaluation or disapprove it. Copies

  2  of the employee's report, the warden's or regional

  3  administrator's evaluation, and the Inspector General's

  4  regional director's review shall be kept in the files of the

  5  inmate or the offender supervised by the department in the

  6  community. A notation of each incident involving use of force

  7  and the outcome based on the Inspector General's warden's or

  8  regional director's evaluation and the regional

  9  administrator's review shall be kept in the employee's file.

10         Section 4.  Subsections (1) and (2) of section 944.012,

11  Florida Statutes, are amended to read:

12         944.012  Legislative intent.--The Legislature hereby

13  finds and declares that:

14         (1)  Florida spends each year in excess of $60 million

15  for its state correctional system, but Florida citizens have

16  not received a fair return on that investment.  Florida

17  prisons correctional institutions have contributed little to

18  the reduction of crime.  To the contrary, crime rates continue

19  to rise; recidivism rates are notoriously high; and large

20  prisons have for the most part become schools for crime,

21  making successful reintegration into the community unlikely.

22         (2)  It is clear that major changes in correctional

23  methods are required.  It is essential to abate the use of

24  large institutions and continue the development of

25  community-based corrections; to equip judges with more

26  effective evaluative tools to deal with the criminal offender;

27  and to provide alternatives to institutionalization, including

28  the availability of probationers' residences and work-release

29  community correctional centers.

30         Section 5.  Subsections (2) and (8) of section 944.02,

31  Florida Statutes, are amended to read:


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  1         944.02  Definitions.--The following words and phrases

  2  used in this chapter shall, unless the context clearly

  3  indicates otherwise, have the following meanings:

  4         (2)  "Correctional system" means all prisons and other

  5  state prisons correctional institutions now existing or

  6  hereafter created under the jurisdiction of the Department of

  7  Corrections.

  8         (8)  "State prison correctional institution" means any

  9  prison, road camp, prison industry, prison forestry camp, or

10  any prison camp or prison farm or other correctional facility,

11  temporary or permanent, in which prisoners are housed, worked,

12  or maintained, under the custody and jurisdiction of the

13  department.

14         Section 6.  Paragraph (b) of subsection (1) of section

15  944.023, Florida Statutes, is amended to read:

16         944.023  Comprehensive correctional master plan.--

17         (1)  As used in this section, the term:

18         (b)  "Total capacity" of the state correctional system

19  means the total design capacity of all institutions and

20  facilities in the state correctional system, which may include

21  those facilities authorized and funded under chapter 957,

22  increased by one-half, with the following exceptions:

23         1.  Medical and mental health beds must remain at

24  design capacity.

25         2.  Community-based contracted beds must remain at

26  design capacity.

27         3.  The one-inmate-per-cell requirement at Florida

28  State Prison and other maximum security facilities must be

29  maintained pursuant to paragraph (7)(a).

30         4.  Work-release Community correctional centers and

31  drug treatment centers must be increased by one-third.


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  1         5.  A housing unit may not exceed its maximum capacity

  2  pursuant to paragraphs (7)(a) and (b).

  3         6.  A number of beds equal to 5 percent of total

  4  capacity shall be deducted for management beds at

  5  institutions.

  6         Section 7.  Paragraphs (a) and (c) of subsection (1) of

  7  section 944.026, Florida Statutes, are amended to read:

  8         944.026  Community-based facilities and programs.--

  9         (1)  In addition to those facilities and services

10  described elsewhere in this chapter, the department shall

11  develop, provide, or contract for a statewide system of

12  community-based facilities, services, and programs dealing

13  with the rehabilitation of offenders, which shall include, but

14  not be limited to:

15         (a)  A system of work-release community correctional

16  centers to be used for reintegration of the offender back into

17  the community, located at various places throughout the state

18  as provided in s. 944.033.

19         (c)  A system of probation and restitution centers

20  throughout the state whereby probationers, drug offender

21  probationers, and community controllees who have violated

22  their terms or conditions, and whose presumptive sentence

23  exceeds 22 months, may be required to reside while working,

24  receiving treatment, or attending school, or for persons on

25  probation, drug offender probation, or community control who

26  may be required to attend outpatient substance abuse

27  counseling.  The purpose of these facilities and services is

28  to provide the court with an alternative to committing

29  offenders to more secure state prisons correctional

30  institutions and to assist in the supervision of probationers,

31  drug offender probationers, and community controllees.


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  1         Section 8.  Section 944.033, Florida Statutes, is

  2  amended to read:

  3         944.033  Work-release Community correctional centers;

  4  existence; location; purpose; restriction.--

  5         (1)  A statewide system of correctional facilities is

  6  established to be known as "work-release community

  7  correctional centers."

  8         (2)  The purpose of these centers is to facilitate the

  9  reintegration of state inmates back into the community by

10  means of participation in various work-release, study-release,

11  community service, substance abuse treatment, and other

12  rehabilitative programs.

13         (3)  No person convicted of sexual battery pursuant to

14  s. 794.011 is eligible for placement in any work-release

15  community correctional center.

16         (4)  No facility shall be constructed, leased, or

17  purchased in any county until public hearings have been held

18  in that county.  Such public hearings shall be held pursuant

19  to uniform rules adopted by the department.

20         Section 9.  Paragraph (e) of subsection (1) and

21  subsection (2) of section 944.09, Florida Statutes, are

22  amended to read:

23         944.09  Rules of the department; offenders,

24  probationers, and parolees.--

25         (1)  The department has authority to adopt rules

26  pursuant to ss. 120.536(1) and 120.54 to implement its

27  statutory authority. The rules must include rules relating to:

28         (e)  The operation and management of the prison

29  correctional institution or facility and its personnel and

30  functions.

31  


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  1         (2)  It is the duty of the wardens to supervise the

  2  governance, discipline, and policy of the state prisons

  3  correctional institutions and to enforce all orders and rules.

  4         Section 10.  Section 944.095, Florida Statutes, is

  5  amended to read:

  6         944.095  Siting of additional prisons correctional

  7  facilities; procedure.--

  8         (1)  It is the intent of the Legislature that the

  9  siting of additional prisons correctional facilities shall be

10  achieved in the most cost-efficient manner possible.

11         (2)  When the department proposes a site for a state

12  prison correctional facility, it shall request that the local

13  government having jurisdiction over such proposed site

14  determine whether or not the proposed site is in compliance

15  with local government comprehensive plans, local land use

16  ordinances, local zoning ordinances or regulations, and other

17  local ordinances in effect at the time of such request.  If no

18  such determination is made within 90 days after of the

19  request, it shall be presumed that the proposed site is in

20  compliance with such plans, ordinances, or regulations.

21         (3)  If the local government determines within 90 days

22  after of the request that construction of a prison

23  correctional facility on the proposed site does not comply

24  with any such plan, ordinance, or regulation, the department

25  may request a modification of such plan, ordinance, or

26  regulation without having an ownership interest in such

27  property.  For the purposes of this section, modification

28  includes, but is not limited to, a variance, rezoning, special

29  exception, or any other action of the local government having

30  jurisdiction over the proposed site which would authorize

31  siting of a prison correctional facility.


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  1         (4)  Upon receipt of a request for modification from

  2  the department, the local government may recommend alternative

  3  sites to the department and shall give notice and hold a

  4  public hearing on the request for modification in the same

  5  manner as for a rezoning as provided under the appropriate

  6  special or local law or ordinance, except that such proceeding

  7  shall be recorded by tape or by a certified court reporter and

  8  made available for transcription at the expense of any

  9  interested party.

10         (5)  When the department requests such a modification

11  and it is denied by the local government or there is no action

12  on such request within 90 days after of the request, the

13  department may appeal the decision of the local government on

14  the requested modification of local plans, ordinances, or

15  regulations to the Governor and Cabinet.

16         (6)  The Governor and Cabinet shall consider the

17  following when determining whether to grant the appeal from

18  the decision of the local government on the requested

19  modification:

20         (a)  The record of the proceedings before the local

21  government.

22         (b)  Reports and studies by any other agency relating

23  to matters within the jurisdiction of such agency which

24  matters may be potentially affected by the proposed site.

25         (c)  Existing studies and reports and information

26  maintained by the department as the Governor and Cabinet may

27  request addressing the feasibility and availability of

28  alternative sites in the general area.

29         (7)  The Governor and Cabinet, upon determining that

30  the local government has recommended no feasible alternative

31  site and that the interests of the state in providing prisons


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  1  correctional facilities outweigh the concerns of the local

  2  government, shall authorize construction and operation of a

  3  prison correctional facility on the proposed site

  4  notwithstanding any local plan, ordinance, or regulation.

  5         (8)  The Governor and Cabinet may adopt rules of

  6  procedure to govern these proceedings in accordance with the

  7  provisions of s. 120.54.

  8         (9)  Actions taken by the department or the Governor

  9  and Cabinet pursuant to this section shall not be subject to

10  the provisions of ss. 120.56, 120.569, and 120.57. The

11  decision by the Governor and Cabinet shall be subject to

12  judicial review pursuant to s. 120.68 in the District Court of

13  Appeal, First District.

14         (10)  Insofar as the provisions of this section are

15  inconsistent with the provisions of any other law, general,

16  special, or local, the provisions of this section are

17  controlling. Additionally, the criteria and procedures set

18  forth in this section supersede and are in lieu of any review

19  and approval required by s. 380.06.

20         Section 11.  Section 944.10, Florida Statutes, is

21  amended to read:

22         944.10  Department of Corrections to provide buildings;

23  sale and purchase of land; contracts to provide services and

24  inmate labor.--

25         (1)  It is the intent of the Legislature to expedite

26  the siting of, acquisition of land for, and construction by

27  the Department of Corrections of state prisons correctional

28  facilities operated by the department or a private vendor

29  under contract with the department. Other agencies shall

30  cooperate with the department and expeditiously fulfill their

31  responsibilities to avoid unnecessary delay in the siting of,


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  1  acquisition of land for, and construction of state prisons

  2  correctional facilities. This section and all other laws of

  3  the state shall be construed to accomplish this intent. This

  4  section shall take precedence over any other law to the

  5  contrary.

  6         (2)  The department shall cause all necessary

  7  buildings, facilities, and physical plants to be erected to

  8  accommodate all prisoners and from time to time shall make

  9  such additional alterations as may be necessary to provide for

10  any increase in the number of prisoners; it shall cause to be

11  established proper accommodations for such officers of the

12  department who are required to reside constantly within the

13  precincts of the institutions.

14         (3)(a)  The department may enter into lease-purchase

15  agreements to provide prisons to house correctional facilities

16  for the housing of state inmates. However, no such

17  lease-purchase agreement shall be entered into without

18  specific legislative authorization of that agreement, and

19  funds must be specifically appropriated for each

20  lease-purchase agreement. The facilities provided through such

21  agreements shall meet the program plans and specifications of

22  the department. The department may enter into such lease

23  agreements with private corporations and other governmental

24  entities. However, notwithstanding the provisions of s.

25  255.25(3)(a), no such lease agreement may be entered into

26  except upon advertisement for and receipt of competitive bids

27  and award to the lowest and best bidder.

28         (b)  Such a lease-purchase agreement which is for a

29  term extending beyond the end of a fiscal year shall be

30  subject to the provisions of s. 216.311.

31  


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  1         (4)(a)  Notwithstanding s. 253.025 or s. 287.057,

  2  whenever the department finds it to be necessary for timely

  3  site acquisition, it may contract without the need for

  4  competitive selection with one or more appraisers whose names

  5  are contained on the list of approved appraisers maintained by

  6  the Division of State Lands of the Department of Environmental

  7  Protection in accordance with s. 253.025(6)(b). In those

  8  instances in which the department directly contracts for

  9  appraisal services, it must also contract with an approved

10  appraiser who is not employed by the same appraisal firm for

11  review services.

12         (b)  Notwithstanding s. 253.025(6), the department may

13  negotiate and enter into an option contract before an

14  appraisal is obtained. The option contract must state that the

15  final purchase price cannot exceed the maximum value allowed

16  by law. The consideration for such an option contract may not

17  exceed 10 percent of the estimate obtained by the department

18  or 10 percent of the value of the parcel, whichever amount is

19  greater.

20         (c)  This subsection does not apply to any purchase or

21  acquisition of state land except for a purchase or acquisition

22  made specifically for a prison correctional facilities. This

23  subsection does not mitigate in any manner the authority of

24  the Board of Trustees of the Internal Improvement Trust Fund

25  or the Division of State Lands to approve any contract for

26  purchase for state lands as provided by law or to require

27  policies and procedures to obtain clear legal title to parcels

28  purchased for state purposes.

29         (5)  The department may sell, to the best possible

30  advantage, any or all detached parcels of land belonging to

31  the bodies of land purchased for the state prisons


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    CS for SB 1534                                 First Engrossed



  1  correctional institutions. The department is authorized to

  2  purchase any contiguous parcels of land within the boundary

  3  lines of the lands purchased for state prisons correctional

  4  institutions.

  5         (6)  The department is authorized to begin preliminary

  6  site preparation and obtain the appropriate permits with

  7  regard to the construction of state prisons correctional

  8  institutions after approval by the Board of Trustees of the

  9  Internal Improvement Trust Fund of the purchase agreement or

10  option agreement if, in the department's discretion,

11  commencing construction is in the best interests of the state.

12         (7)  The department may enter into contracts with

13  federal, state, or local governmental entities or subdivisions

14  to provide services and inmate labor for the construction of

15  buildings, parks, roads, any prisons detention or commitment

16  facilities, or any other project deemed to be appropriate by

17  the Department of Corrections, which includes site acquisition

18  or preparation, management, or construction of such projects.

19  The department may charge fees for providing such services.

20  All fees collected must be placed in the Correctional Work

21  Program Trust Fund.

22         Section 12.  Section 944.11, Florida Statutes, is

23  amended to read:

24         944.11  Department to regulate admission of books.--

25         (1)  The department shall regulate the admission of

26  educational and other reading matter within the state prisons

27  institutions for the use of the prisoners, and for the proper

28  observance of days of religious significance within the

29  prisons institutions and for the proper instruction of the

30  prisoners in their basic moral and religious duties.

31  


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    CS for SB 1534                                 First Engrossed



  1         (2)  The department may shall have the authority to

  2  prohibit admission of reading materials or publications with

  3  content that which depicts sexual conduct as defined by s.

  4  847.001 or presents nudity in such a way as to create the

  5  appearance that sexual conduct is imminent.  The department

  6  may shall have the authority to prohibit admission of such

  7  materials at a particular state prison correctional facility

  8  upon a determination by the department that such material or

  9  publications would be detrimental to the safety, security,

10  order, or rehabilitative interests of a particular state

11  prison correctional facility or would create a risk of

12  disorder at a particular state prison correctional facility.

13         Section 13.  Section 944.115, Florida Statutes, is

14  amended to read:

15         944.115  Smoking prohibited inside state prisons

16  correctional facilities.--

17         (1)  The purpose of this section is to protect the

18  health, comfort, and environment of employees of the

19  Department of Corrections, employees of privately operated

20  prisons correctional facilities, employees of the Correctional

21  Privatization Commission, and inmates by prohibiting inmates

22  from using tobacco products inside any office or building

23  within state prisons correctional facilities, and by ensuring

24  that employees and visitors do not use tobacco products inside

25  any office or building within state prisons correctional

26  facilities. Scientific evidence links the use of tobacco

27  products with numerous significant health risks. The use of

28  tobacco products by inmates, employees, or visitors is

29  contrary to efforts by the Department of Corrections to reduce

30  the cost of inmate health care and to limit unnecessary

31  litigation. The Department of Corrections and the private


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    CS for SB 1534                                 First Engrossed



  1  vendors operating prisons correctional facilities shall make

  2  smoking-cessation assistance available to inmates in order to

  3  implement this section. The Department of Corrections and the

  4  private vendors operating prisons correctional facilities

  5  shall implement this section as soon as possible, and all

  6  provisions of this section must be fully implemented by

  7  January 1, 2000.

  8         (2)  As used in this section, the term:

  9         (a)  "Department" means the Department of Corrections.

10         (b)  "Employee" means an employee of the department or

11  a private vendor in a contractual relationship with either the

12  Department of Corrections or the Correctional Privatization

13  Commission, and includes persons such as contractors,

14  volunteers, or law enforcement officers who are within a state

15  prison correctional facility to perform a professional

16  service.

17         (c)  "State prison correctional facility" means a state

18  or privately operated prison correctional institution as

19  defined in s. 944.02, or a prison correctional institution or

20  facility operated under s. 944.105 or chapter 957.

21         (d)  "Tobacco products" means items such as cigars,

22  cigarettes, snuff, loose tobacco, or similar goods made with

23  any part of the tobacco plant, which are prepared or used for

24  smoking, chewing, dipping, sniffing, or other personal use.

25         (e)  "Visitor" means any person other than an inmate or

26  employee who is within a state prison correctional facility

27  for a lawful purpose and includes, but is not limited to,

28  persons who are authorized to visit state prisons correctional

29  institutions pursuant to s. 944.23 and persons authorized to

30  visit as prescribed by departmental rule or vendor policy.

31  


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    CS for SB 1534                                 First Engrossed



  1         (f)  "Prohibited areas" means any indoor areas of any

  2  building, portable, or other enclosed structure within a state

  3  prison correctional facility. The secretary of the department

  4  may, by rule, designate other areas, including vehicles, as

  5  "prohibited areas" to be regulated under this section. Neither

  6  employee housing on the grounds of a state prison correctional

  7  facility nor maximum security inmate housing areas may be

  8  designated as prohibited areas under this section.

  9         (3)(a)  An inmate within a state prison correctional

10  facility may not use tobacco products in prohibited areas at

11  any time while in the custody of the department or under the

12  supervision of a private vendor operating a prison

13  correctional facility.

14         (b)1.  An employee or visitor may not use any tobacco

15  products in prohibited areas.

16         2.  The warden or supervisor of a state prison

17  correctional facility shall take reasonable steps to ensure

18  that the tobacco prohibition for employees and visitors is

19  strictly enforced.

20         (4)  An inmate who violates this section commits a

21  disciplinary infraction and is subject to punishment

22  determined to be appropriate by the disciplinary authority in

23  the state prison correctional facility, including, but not

24  limited to, forfeiture of gain-time or the right to earn

25  gain-time in the future under s. 944.28.

26         (5)  The department may adopt rules and the private

27  vendors operating prison correctional facilities may adopt

28  policies and procedures for the implementation of this

29  section, the designation of prohibited areas and smoking

30  areas, and for the imposition of the following penalties:

31  


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    CS for SB 1534                                 First Engrossed



  1         (a)  Inmates who violate this section will be subject

  2  to disciplinary action as provided by rule and in accordance

  3  with this section.

  4         (b)  Employees who violate this section will be subject

  5  to disciplinary action as provided by rule.

  6         (c)  Visitors who violate this section will be subject

  7  to removal of authorization to enter a prison correctional

  8  facility as provided by rule.

  9         Section 14.  Section 944.14, Florida Statutes, is

10  amended to read:

11         944.14  Supervision of prisons correctional

12  institutions; enforcement of orders and regulations.--Subject

13  to the orders, policies, and regulations established by the

14  department, it shall be the duty of the wardens to supervise

15  the government, discipline, and policy of the state prisons

16  correctional institutions, and to enforce all orders, rules

17  and regulations.

18         Section 15.  Section 944.151, Florida Statutes, is

19  amended to read:

20         944.151  Security of prisons correctional institutions;

21  legislative intent; periodic physical inspection of

22  facilities; security audits; reports of security audits;

23  procedures in the event of escapes; annual budget request.--It

24  is the intent of the Legislature that the Department of

25  Corrections shall be responsible for the security of the

26  prisons correctional institutions and facilities. The security

27  of the state's prisons correctional institutions and

28  facilities is critical to ensure public safety and to contain

29  violent and chronic offenders until offenders are otherwise

30  released from the department's custody pursuant to law.  The

31  Secretary of Corrections shall, at a minimum:


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    CS for SB 1534                                 First Engrossed



  1         (1)  Appoint a security review committee which shall,

  2  at a minimum, be composed of:  the inspector general, the

  3  statewide security coordinator, the regional security

  4  coordinators, and three wardens and one correctional officer.

  5  The security review committee shall:

  6         (a)  Establish a periodic schedule for the physical

  7  inspection of buildings and structures of each state and

  8  private prison correctional institution to determine security

  9  deficiencies.  In scheduling the inspections, priority shall

10  be given to older institutions, institutions that house a

11  large proportion of violent offenders, and institutions that

12  have experienced a significant number of escapes or escape

13  attempts in the past.

14         (b)  Conduct or cause to be conducted announced and

15  unannounced comprehensive security audits of all state and

16  private prisons correctional institutions.  In conducting the

17  security audits, priority shall be given to older

18  institutions, institutions that house a large proportion of

19  violent offenders, and institutions that have experienced a

20  history of escapes or escape attempts.  At a minimum, the

21  audit shall include an evaluation of the physical plant,

22  landscaping, fencing, security alarms and perimeter lighting,

23  and inmate classification and staffing policies.  Each prison

24  correctional institution shall be audited at least annually.

25  The secretary shall report the general survey findings

26  annually to the Governor and the Legislature.

27         (c)  Adopt and enforce minimum security standards and

28  policies that include, but are not limited to:

29         1.  Random monitoring of outgoing telephone calls by

30  inmates.

31         2.  Maintenance of current photographs of all inmates.


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    CS for SB 1534                                 First Engrossed



  1         3.  Daily inmate counts at varied intervals.

  2         4.  Use of canine units, where appropriate.

  3         5.  Use of escape alarms and perimeter lighting.

  4         6.  Florida Crime Information Center/National Crime

  5  Information Center capabilities.

  6         7.  Employment background investigations.

  7         (d)  Annually make written prioritized budget

  8  recommendations to the secretary that identify critical

  9  security deficiencies at major prisons correctional

10  institutions.

11         (e)  Investigate and evaluate the usefulness and

12  dependability of existing security technology at the prisons

13  institutions and new technology available and make periodic

14  written recommendations to the secretary on the

15  discontinuation or purchase of various security devices.

16         (f)  Contract, if deemed necessary, with security

17  personnel, consulting engineers, architects, or other security

18  experts the committee deems necessary for security audits and

19  security consultant services.

20         (g)  Establish a periodic schedule for conducting

21  announced and unannounced escape simulation drills.

22         (2)  Maintain and produce quarterly reports with

23  accurate escape statistics.  For the purposes of these

24  reports, "escape" includes all possible types of escape,

25  regardless of prosecution by the state attorney, and including

26  offenders who walk away from nonsecure community facilities.

27         (3)  Adopt, enforce, and annually evaluate the

28  emergency escape response procedures, which shall at a minimum

29  include the immediate notification and inclusion of local and

30  state law enforcement through a mutual aid agreement.

31  


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    CS for SB 1534                                 First Engrossed



  1         (4)  Submit in the annual legislative budget request a

  2  prioritized summary of critical repair and renovation security

  3  needs.

  4         Section 16.  Section 944.23, Florida Statutes, is

  5  amended to read:

  6         944.23  Persons authorized to visit state prisons.--The

  7  following persons shall be authorized to visit at their

  8  pleasure all state prisons correctional institutions:  The

  9  Governor, all Cabinet members, members of the Legislature,

10  judges of state courts, state attorneys, public defenders, and

11  authorized representatives of the commission.  No other person

12  not otherwise authorized by law shall be permitted to enter a

13  state prison correctional institution except under such

14  regulations as the department may prescribe.  Permission shall

15  not be unreasonably withheld from those who give sufficient

16  evidence to the department that they are bona fide reporters

17  or writers.

18         Section 17.  Section 944.24, Florida Statutes, is

19  amended to read:

20         944.24  Administration of prisons correctional

21  institutions for women.--

22         (1)  This section may be cited as the "Corrections

23  Equality Act."

24         (2)  All regularly employed assistants, officers, and

25  employees whose duties bring them into contact with the

26  inmates of the prison institution shall be women as far as

27  practicable.

28         (3)  Women inmates shall have access to programs of

29  education, vocational training, rehabilitation, and substance

30  abuse treatment that are equivalent to those programs which

31  are provided for male inmates.  The department shall ensure


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    CS for SB 1534                                 First Engrossed



  1  that women inmates are given opportunities for exercise,

  2  recreation, and visitation privileges according to the same

  3  standards as those privileges are provided for men. Women

  4  inmates shall be given opportunities to participate in

  5  work-release programs which are comparable to the

  6  opportunities provided for male inmates and shall be eligible

  7  for early release according to the same standards and

  8  procedures under which male inmates are eligible for early

  9  release.

10         (4)  The department shall continue to provide prenatal

11  care and such medical treatment as determined by the Assistant

12  Secretary for Health Services for an inmate who is pregnant.

13         (5)  An inmate who is pregnant shall be provided with

14  prenatal care and medical treatment for the duration of her

15  pregnancy.  The department shall ensure that a pregnant inmate

16  receives supplemental food and clothing and is excused from

17  inappropriate work assignments.  An inmate shall be

18  transferred to a hospital outside the prison grounds if a

19  condition develops which is beyond the scope and capabilities

20  of the prison's medical facilities.

21         (6)  Any woman inmate who gives birth to a child during

22  her term of imprisonment may be temporarily taken to a

23  hospital outside the prison for the purpose of childbirth, and

24  the charge for hospital and medical care shall be charged

25  against the funds allocated to the prison institution.  The

26  department shall provide for the care of any child so born and

27  shall pay for the child's care until the child is suitably

28  placed outside the prison system.

29         Section 18.  Section 944.31, Florida Statutes, is

30  amended to read:

31  


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    CS for SB 1534                                 First Engrossed



  1         944.31  Inspector general; inspectors; power and

  2  duties.--The inspector general shall be responsible for prison

  3  inspection and investigation, internal affairs investigations,

  4  and management reviews. The office of the inspector general

  5  shall be charged with the duty of inspecting the penal and

  6  correctional systems of the state. The office of the inspector

  7  general shall inspect each prison correctional institution or

  8  any place in which state prisoners are housed, worked, or kept

  9  within the state, with reference to its physical conditions,

10  cleanliness, sanitation, safety, and comfort; the quality and

11  supply of all bedding; the quality, quantity, and diversity of

12  food served and the manner in which it is served; the number

13  and condition of the prisoners confined therein; and the

14  general conditions of each institution. The office of

15  inspector general shall see that all the rules and regulations

16  issued by the department are strictly observed and followed by

17  all persons connected with the correctional systems of the

18  state.  The office of the inspector general shall coordinate

19  and supervise the work of inspectors throughout the state. The

20  inspector general and inspectors may enter any place where

21  prisoners in this state are kept and shall be immediately

22  admitted to such place as they desire and may consult and

23  confer with any prisoner privately and without molestation.

24  The inspector general and inspectors shall be responsible for

25  criminal and administrative investigation of matters relating

26  to the Department of Corrections. In such investigations, the

27  inspector general and inspectors may consult and confer with

28  any prisoner or staff member privately and without molestation

29  and shall have the authority to detain any person for

30  violations of the criminal laws of the state. Such detention

31  shall be made only on properties owned or leased by the


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    CS for SB 1534                                 First Engrossed



  1  department, and the detained person shall be surrendered

  2  without delay to the sheriff of the county in which the

  3  detention is made, with a formal complaint subsequently made

  4  against her or him in accordance with law.

  5         Section 19.  Section 944.32, Florida Statutes, is

  6  amended to read:

  7         944.32  Reports of prison inspectors; recordation;

  8  inspection.--Upon completing an inspection of a prison,

  9  correctional institution the inspector shall make a full and

10  complete report on such forms as shall be provided by the

11  department.  One copy of each report must shall be filed with

12  the department, one copy must shall be sent to the officer in

13  charge of the prison correctional institution, and as many

14  other copies must be provided as the department requires.

15  shall require; These reports shall be matters of public record

16  and subject to inspection by the public at any time.

17         Section 20.  Section 944.39, Florida Statutes, is

18  amended to read:

19         944.39  Interference with prisoners; penalty.--Any

20  person who, without authority, interferes with or in any way

21  interrupts the work of any prisoner under the custody of the

22  department or who in any way interferes with the discipline or

23  good conduct of any prisoner shall be guilty of a misdemeanor

24  of the second degree, punishable as provided in s. 775.082 or

25  s. 775.083.  No person shall, by disguise, misrepresentation

26  of identity or other illicit means, attempt to gain admission

27  to or enter upon the grounds of any state prison correctional

28  institution for the purpose of visiting any prisoner in

29  violation of the general visiting policy adopted by the

30  department. A person, upon conviction of an offense as

31  outlined in this section, shall be guilty of a misdemeanor of


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    CS for SB 1534                                 First Engrossed



  1  the second degree, punishable as provided in s. 775.082 or s.

  2  775.083.  Any peace officer or any correctional officer of the

  3  department or any prison inspector or any employee of the

  4  department may arrest without warrant any person violating the

  5  provisions of this section.

  6         Section 21.  Section 944.402, Florida Statutes, is

  7  amended to read:

  8         944.402  Reward for capture of escapee from prison

  9  correctional institution.--The warden of a state prison

10  correctional institution may pay a reward in an amount not

11  greater than $100 from institutional funds to each person who

12  is directly responsible for the capture of an inmate who has

13  escaped from the institution. The warden of the institution

14  from which the inmate escaped shall determine the amount of

15  the reward. Employees of state, county, and municipal law

16  enforcement or correctional agencies who are engaged in the

17  apprehension, detection, or detention of prisoners are not

18  eligible to receive such rewards.

19         Section 22.  Section 944.44, Florida Statutes, is

20  amended to read:

21         944.44  Holding persons as hostages; penalty.--Any

22  prisoner who holds as hostage any person within any prison

23  correctional institution or anywhere while under the

24  jurisdiction of the department, or who by force, or threat of

25  force holds any person or persons against their will in

26  defiance of official orders, commits shall be guilty of a

27  felony of the second degree, punishable as provided in s.

28  775.082, s.  775.083, or s. 775.084.

29         Section 23.  Section 944.45, Florida Statutes, is

30  amended to read:

31  


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    CS for SB 1534                                 First Engrossed



  1         944.45  Mutiny, riot, strike; penalty.--Whoever

  2  instigates, contrives, willfully attempts to cause, assists,

  3  or conspires to cause any mutiny, riot, or strike in defiance

  4  of official orders, in any state prison, commits correctional

  5  institution, shall be guilty of a felony of the second degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.

  8         Section 24.  Section 944.46, Florida Statutes, is

  9  amended to read:

10         944.46  Harboring, concealing, aiding escaped

11  prisoners; penalty.--Whoever harbors, conceals, maintains, or

12  assists, or gives any other aid to any prisoner after his or

13  her escape from any state prison correctional institution,

14  knowing that he or she is an escaped prisoner, commits shall

15  be guilty of a felony of the third degree, punishable as

16  provided in s.  775.082, s. 775.083, or s. 775.084.

17         Section 25.  Section 944.47, Florida Statutes, is

18  amended to read:

19         944.47  Introduction, removal, or possession of certain

20  articles unlawful; penalty.--

21         (1)(a)  Except through regular channels as authorized

22  by the officer in charge of the prison correctional

23  institution, it is unlawful to introduce into or upon the

24  grounds of any state prison correctional institution, or to

25  take or attempt to take or send or attempt to send therefrom,

26  any of the following articles, which are hereby declared to be

27  contraband for the purposes of this section, to wit:

28         1.  Any written or recorded communication or any

29  currency or coin given or transmitted, or intended to be given

30  or transmitted, to any inmate of any state prison correctional

31  institution.


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    CS for SB 1534                                 First Engrossed



  1         2.  Any article of food or clothing given or

  2  transmitted, or intended to be given or transmitted, to any

  3  inmate of any state prison correctional institution.

  4         3.  Any intoxicating beverage or beverage that which

  5  causes or may cause an intoxicating effect.

  6         4.  Any controlled substance as defined in s. 893.02(4)

  7  or any prescription or nonprescription drug having a hypnotic,

  8  stimulating, or depressing effect.

  9         5.  Any firearm or weapon of any kind or any explosive

10  substance.

11         (b)  It is unlawful to transmit or attempt to transmit

12  to, or cause or attempt to cause to be transmitted to or

13  received by, any inmate of any state prison correctional

14  institution any article or thing declared by this subsection

15  to be contraband, at any place that which is outside the

16  grounds of the prison such institution, except through regular

17  channels as authorized by the officer in charge of the prison

18  such correctional institution.

19         (c)  It is unlawful for any inmate of any state prison

20  correctional institution or any person while upon the grounds

21  of any state prison correctional institution to be in actual

22  or constructive possession of any article or thing declared by

23  this section to be contraband, except as authorized by the

24  officer in charge of the prison such correctional institution.

25         (2)  A person who violates any provision of this

26  section as it pertains to an article of contraband described

27  in subparagraph (1)(a)1. or subparagraph (1)(a)2., commits is

28  guilty of a felony of the third degree, punishable as provided

29  in s. 775.082, s. 775.083, or s. 775.084.  In all other cases,

30  a violation of a provision of this section constitutes a

31  


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    CS for SB 1534                                 First Engrossed



  1  felony of the second degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         Section 26.  Section 944.611, Florida Statutes, is

  4  amended to read:

  5         944.611  Legislative intent.--The Legislature finds and

  6  declares that:

  7         (1)  It is desirable that each inmate be confined in

  8  and released from a prison an institution or facility as close

  9  to the inmate's permanent residence or county of commitment as

10  possible, in order to lessen the transportation expense to the

11  public.

12         (2)  It is the intent of the Legislature that:

13         (a)  To the extent possible, an inmate be returned,

14  upon release, to the same area from which the inmate was

15  committed.

16         (b)  An inmate being released from a community

17  work-release center program is not eligible for the provision

18  of transportation.

19         (c)  Transportation provided for an eligible inmate

20  upon release shall be to one of the following points:

21         1.  The county where parole placement has been approved

22  and supervision is to commence.

23         2.  Another state.

24         3.  The county of employment within the state.

25         4.  The county of legal residence within the state.

26         5.  The county of original commitment within the state.

27         (d)  Each releasee who is eligible for the provision of

28  transportation shall be escorted to the site of embarkation by

29  an officer of the prison correctional facility, who shall

30  remain until the releasee has departed.

31  


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    CS for SB 1534                                 First Engrossed



  1         Section 27.  Subsection (2) of section 944.613, Florida

  2  Statutes, is amended to read:

  3         944.613  Methods of transportation.--

  4         (2)  FLORIDA RELEASEE.--In instances when a releasee

  5  remains in this state but leaves the county where the prison

  6  correctional institution or facility of her or his confinement

  7  is located, transportation shall be provided by common carrier

  8  using the most economical means. Transportation as authorized

  9  herein shall be furnished by nonnegotiable travel voucher

10  payable to the common carrier being utilized, and in no event

11  shall there be any cash disbursement to the releasee or any

12  person, firm, or corporation. Such travel voucher is to be

13  utilized immediately by the releasee. The source of any

14  private transportation must be a family member or friend whose

15  purpose is to immediately transport the releasee to the

16  approved location pursuant to section 1.

17         Section 28.  Subsection (1), paragraphs (c), (d), and

18  (i) of subsection (3), and subsection (5) of section 944.801,

19  Florida Statutes, are amended to read:

20         944.801  Education for state prisoners.--

21         (1)  There is hereby established under the Department

22  of Corrections a Correctional Education Program which shall be

23  composed of the educational facilities and services of all

24  prisons institutions and facilities housing inmates operated

25  by the Department of Corrections and shall be supervised by

26  the Department of Corrections.

27         (3)  The responsibilities of the Correctional Education

28  Program shall be to:

29         (c)  In cooperation with the Department of Education,

30  pursuant to s. 229.8075, develop complete and reliable

31  statistics on the educational histories, the city/intracity


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    CS for SB 1534                                 First Engrossed



  1  area and school district where the inmate was domiciled prior

  2  to incarceration, the participation in state educational and

  3  training programs, and the occupations of inmates confined to

  4  state prisons correctional facilities.  The compiled

  5  statistics shall be summarized and analyzed in the annual

  6  report of correctional educational activities required by

  7  paragraph (f).

  8         (d)  Approve educational programs of the appropriate

  9  levels and types in the prisons correctional institutions and

10  develop procedures for the admission of inmate students

11  thereto.

12         (i)  Ensure that every inmate who has 2 years or more

13  remaining to serve on his or her sentence at the time that he

14  or she is received at an institution and who lacks basic and

15  functional literacy skills as defined in s. 239.105 attends

16  not fewer than 150 hours of sequential instruction in a

17  correctional adult basic education program.  The basic and

18  functional literacy level of an inmate shall be determined by

19  the average composite test score obtained on a test approved

20  for this purpose by the State Board of Education.

21         1.  Upon completion of the 150 hours of instruction,

22  the inmate shall be retested and, if a composite test score of

23  functional literacy is not attained, the department is

24  authorized to require the inmate to remain in the

25  instructional program.

26         2.  Highest priority of inmate participation shall be

27  focused on youthful offenders and those inmates nearing

28  release from the correctional system.

29         3.  An inmate shall be required to attend the 150 hours

30  of adult basic education instruction unless such inmate:

31  


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    CS for SB 1534                                 First Engrossed



  1         a.  Is serving a life sentence or is under sentence of

  2  death.

  3         b.  Is specifically exempted for security or health

  4  reasons.

  5         c.  Is housed at a work-release community correctional

  6  center, road prison, work camp, or vocational center.

  7         d.  Attains a functional literacy level after

  8  attendance in fewer than 150 hours of adult basic education

  9  instruction.

10         e.  Is unable to enter such instruction because of

11  insufficient facilities, staff, or classroom capacity.

12         4.  The Department of Corrections shall provide classes

13  to accommodate those inmates assigned to correctional or

14  public work programs after normal working hours. The

15  department shall develop a plan to provide academic and

16  vocational classes on a more frequent basis and at times that

17  accommodate the increasing number of inmates with work

18  assignments, to the extent that resources permit.

19         5.  If an inmate attends and actively participates in

20  the 150 hours of instruction, the Department of Corrections

21  may grant a one-time award of up to 6 additional days of

22  incentive gain-time, which must be credited and applied as

23  provided by law.  Active participation means, at a minimum,

24  that the inmate is attentive, responsive, cooperative, and

25  completes assigned work.

26         (5)  Notwithstanding s. 120.81(3), all inmates under 22

27  years of age who qualify for special educational services and

28  programs pursuant to the Individuals with Disabilities

29  Education Act, 20 U.S.C. ss. 1400 et seq., and who request a

30  due process hearing as provided by that act shall be entitled

31  to such hearing before the Division of Administrative


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    CS for SB 1534                                 First Engrossed



  1  Hearings.  Administrative law judges shall not be required to

  2  travel to state or private prisons correctional institutions

  3  and facilities in order to conduct these hearings.

  4         Section 29.  Section 944.803, Florida Statutes, is

  5  amended to read:

  6         944.803  Faith-based programs for inmates.--

  7         (1)  The Legislature finds and declares that

  8  faith-based programs offered in state and private prisons

  9  correctional institutions and facilities have the potential to

10  facilitate inmate institutional adjustment, help inmates

11  assume personal responsibility, and reduce recidivism.

12         (2)  It is the intent of the Legislature that the

13  Department of Corrections and the private vendors operating

14  prisons private correctional facilities shall continuously:

15         (a)  Measure recidivism rates for inmates who have

16  participated in religious programs;

17         (b)  Increase the number of volunteers who minister to

18  inmates from various faith-based institutions in the

19  community;

20         (c)  Develop community linkages with churches,

21  synagogues, mosques, and other faith-based institutions to

22  assist inmates in their release back into the community; and

23         (d)  Fund through the use of inmate welfare trust funds

24  pursuant to s. 945.215 an adequate number of chaplains and

25  support staff to operate faith-based programs in correctional

26  institutions.

27         Section 30.  Subsections (1) and (2) of section

28  944.8031, Florida Statutes, are amended to read:

29         944.8031  Inmate's family visitation; legislative

30  intent; minimum services provided to visitors; budget

31  requests.--


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    CS for SB 1534                                 First Engrossed



  1         (1)  The Legislature finds that maintaining an inmate's

  2  family and community relationships through enhancing visitor

  3  services and programs and increasing the frequency and quality

  4  of the visits is an underutilized correctional resource that

  5  can improve an inmate's behavior in prison the correctional

  6  facility and, upon an inmate's release from a prison

  7  correctional facility, will help to reduce recidivism.

  8         (2)  The department shall provide, at a minimum, the

  9  following services at designated visiting areas for approved

10  visitors in state prisons correctional facilities:

11         (a)  Information relating to applicable visiting

12  regulations, dress codes, and visiting procedures.

13         (b)  A sheltered area, outside the security perimeter,

14  for visitors waiting before and after visiting inmates.

15         (c)  Food services with food choices which are

16  nutritious and acceptable for children and youth visitors.

17         (d)  Minimal equipment and supplies which assist staff

18  and visitors in managing and occupying the time and meeting

19  the needs of children and youth visitors.

20         Section 31.  Subsections (1) and (3) of section

21  945.025, Florida Statutes, are amended to read:

22         945.025  Jurisdiction of department.--

23         (1)  The Department of Corrections shall have

24  supervisory and protective care, custody, and control of the

25  inmates, buildings, grounds, property, and all other matters

26  pertaining to the following facilities and programs for the

27  imprisonment, correction, and rehabilitation of adult

28  offenders:

29         (a)  Department of Corrections adult prisons

30  correctional institutions;

31  


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    CS for SB 1534                                 First Engrossed



  1         (b)  Department of Corrections youthful offender

  2  institutions;

  3         (c)  Department of Corrections Mental Health Treatment

  4  Facility;

  5         (d)  Department of Corrections Probation and

  6  Restitution Center;

  7         (e)  Department of Corrections work-release community

  8  correctional centers; and

  9         (f)  Department of Corrections vocational centers.

10         (3)  There shall be other correctional facilities,

11  including detention facilities of varying levels of security,

12  work-release centers facilities, and community correctional

13  facilities, halfway houses, and other approved community

14  residential and nonresidential facilities and programs.;

15  However, an no adult prison correctional facility may not be

16  established by changing the use and purpose of any mental

17  health facility or mental health institution under the

18  jurisdiction of any state agency or department without

19  authorization in the General Appropriations Appropriation Act

20  or other approval by the Legislature.  Any facility the

21  purpose and use of which was changed subsequent to January 1,

22  1975, shall be returned to its original use and purpose by

23  July 1, 1977.  However, the G. Pierce Wood Memorial Hospital

24  located at Arcadia, DeSoto County, may not be converted into a

25  prison correctional facility as long as such hospital is in

26  use as a state mental health hospital.  Any community

27  residential facility may be deemed a part of the state

28  correctional system for purposes of maintaining custody of

29  offenders, and for this purpose the department may contract

30  for and purchase the services of such facilities.

31  


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    CS for SB 1534                                 First Engrossed



  1         Section 32.  Paragraph (c) of subsection (1) of section

  2  945.0311, Florida Statutes, is amended to read:

  3         945.0311  Employment of relatives.--

  4         (1)  For the purposes of this section, the term:

  5         (c)  "Organizational unit" includes:

  6         1.  A unit of a state prison correctional institution

  7  such as security, medical, dental, classification,

  8  maintenance, personnel, or business.  A work camp, boot camp,

  9  or other annex of a state prison correctional institution is

10  considered part of the institution and not a separate unit.

11         2.  An area of a regional office such as personnel,

12  medical, administrative services, probation and parole, or

13  community facilities.

14         3.  A correctional work center, road prison, or

15  work-release work release center.

16         4.  A probation and parole circuit office or a

17  suboffice within a circuit.

18         5.  A bureau of the Office of the Secretary or of any

19  of the assistant secretaries.

20         Section 33.  Paragraphs (a) and (b) of subsection (1)

21  of section 945.091, Florida Statutes, are amended to read:

22         945.091  Extension of the limits of confinement;

23  restitution by employed inmates.--

24         (1)  The department is authorized to adopt regulations

25  permitting the extension of the limits of the place of

26  confinement of an inmate as to whom there is reasonable cause

27  to believe that the inmate will honor his or her trust by

28  authorizing the inmate, under prescribed conditions and

29  following investigation and approval by the secretary, or the

30  secretary's designee, who shall maintain a written record of

31  


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    CS for SB 1534                                 First Engrossed



  1  such action, to leave the confines of that place unaccompanied

  2  by a custodial agent for a prescribed period of time to:

  3         (a)  Visit, for a specified period, a specifically

  4  designated place or places:

  5         1.  For the purpose of visiting a dying relative,

  6  attending the funeral of a relative, or arranging for

  7  employment or for a suitable residence for use when released;

  8         2.  To otherwise aid in the rehabilitation of the

  9  inmate; or

10         3.  For another compelling reason consistent with the

11  public interest,

12  

13  and return to the same or another prison institution or

14  facility designated by the Department of Corrections.

15         (b)  Work at paid employment, participate in an

16  education or a training program, or voluntarily serve a public

17  or nonprofit agency in the community, while continuing as an

18  inmate of the prison institution or facility in which the

19  inmate is confined, except during the hours of his or her

20  employment, education, training, or service and traveling

21  thereto and therefrom.  An inmate may participate in paid

22  employment only during the last 36 months of his or her

23  confinement, unless sooner requested by the Parole Commission

24  or the Control Release Authority.

25         Section 34.  Paragraphs (a), (b), and (e) of subsection

26  (1) and paragraph (b) of subsection (3) of section 945.215,

27  Florida Statutes, are amended to read:

28         945.215  Inmate welfare and employee benefit trust

29  funds.--

30         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

31  CORRECTIONS.--


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    CS for SB 1534                                 First Engrossed



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

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

  3  incarcerated in prisons correctional facilities operated

  4  directly by the department and for visitation and family

  5  programs and services in such prisons correctional facilities.

  6  Funds shall be credited to the trust fund as follows:

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

  8  or similar fund in any prison correctional facility operated

  9  directly by the department.

10         2.  All net proceeds from operating inmate canteens,

11  vending machines used primarily by inmates and visitors, hobby

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

13  purchase items for resale at inmate canteens and vending

14  machines must be deposited into local bank accounts designated

15  by the department.

16         3.  All proceeds from contracted telephone commissions.

17  The department shall develop and update, as necessary,

18  administrative procedures to verify that:

19         a.  Contracted telephone companies accurately record

20  and report all telephone calls made by inmates incarcerated in

21  prisons correctional facilities under the department's

22  jurisdiction;

23         b.  Persons who accept collect calls from inmates are

24  charged the contracted rate; and

25         c.  The department receives the contracted telephone

26  commissions.

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

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

29  service organization; however, the department shall not accept

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

31         5.  All proceeds from:


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    CS for SB 1534                                 First Engrossed



  1         a.  The confiscation and liquidation of any contraband

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

  3         b.  Disciplinary fines imposed against inmates;

  4         c.  Forfeitures of inmate earnings; and

  5         d.  Unexpended balances in individual inmate trust fund

  6  accounts of less than $1.

  7         6.  All interest earnings and other proceeds derived

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

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

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

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

12  not needed for immediate use.

13         (b)  Funds in the Inmate Welfare Trust Fund must be

14  used exclusively for the following purposes at prisons

15  correctional facilities operated directly by the department:

16         1.  To operate inmate canteens and vending machines,

17  including purchasing items for resale at inmate canteens and

18  vending machines; employing personnel and inmates to manage,

19  supervise, and operate inmate canteens and vending machines;

20  and covering other operating and fixed capital outlay expenses

21  associated with operating inmate canteens and vending

22  machines;

23         2.  To employ personnel to manage and supervise the

24  proceeds from telephone commissions;

25         3.  To develop, implement, and maintain the medical

26  copayment accounting system;

27         4.  To provide literacy programs, vocational training

28  programs, and educational programs that comply with standards

29  of the Department of Education, including employing personnel

30  and covering other operating and fixed capital outlay expenses

31  associated with providing such programs;


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    CS for SB 1534                                 First Engrossed



  1         5.  To operate inmate chapels, faith-based programs,

  2  visiting pavilions, visiting services and programs, family

  3  services and programs, libraries, and law libraries, including

  4  employing personnel and covering other operating and fixed

  5  capital outlay expenses associated with operating inmate

  6  chapels, faith-based programs, visiting pavilions, visiting

  7  services and programs, family services and programs,

  8  libraries, and law libraries;

  9         6.  To provide for expenses associated with various

10  inmate clubs;

11         7.  To provide for expenses associated with legal

12  services for inmates;

13         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         (e)  Items for resale at inmate canteens and vending

19  machines maintained at prisons the correctional facilities

20  shall be priced comparatively with like items for retail sale

21  at fair market prices.

22         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

23  CORRECTIONS.--

24         (b)  Funds from the Employee Benefit Trust Fund may be

25  used to construct, operate, and maintain training and

26  recreation facilities at prisons correctional facilities for

27  the exclusive use of department employees. Such facilities are

28  the property of the department and must provide the maximum

29  benefit to all interested employees, regardless of gender.

30         Section 35.  Subsection (1) of section 945.21501,

31  Florida Statutes, is amended to read:


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    CS for SB 1534                                 First Engrossed



  1         945.21501  Employee Benefit Trust Fund.--

  2         (1)  There is hereby created in the Department of

  3  Corrections the Employee Benefit Trust Fund. The purpose of

  4  the trust fund shall be to construct, operate, and maintain

  5  training and recreation facilities at prisons correctional

  6  facilities for the exclusive use of department employees.

  7  Moneys shall be deposited in the trust fund as provided in s.

  8  945.215.

  9         Section 36.  Subsection (1) of section 945.21502,

10  Florida Statutes, is amended to read:

11         945.21502  Inmate Welfare Trust Fund.--

12         (1)  There is hereby created in the Department of

13  Corrections the Inmate Welfare Trust Fund. The purpose of the

14  trust fund shall be the benefit and welfare of inmates

15  incarcerated in prisons correctional facilities operated by

16  the department. Moneys shall be deposited in the trust fund

17  and expenditures made from the trust fund as provided in s.

18  945.215.

19         Section 37.  Subsection (1) of section 945.27, Florida

20  Statutes, is amended to read:

21         945.27  Proceedings by department.--

22         (1)  Whenever it becomes necessary to increase the

23  number of prison beds by acquiring private property for the

24  construction of new prisons correctional facilities or for the

25  expansion of existing prisons facilities, and the property

26  cannot be acquired by agreement satisfactory to the Department

27  of Corrections and the parties interested in, or the owners

28  of, the private property, the department may is hereby

29  empowered and authorized to exercise the right of eminent

30  domain and to proceed to condemn the property in the same

31  manner as provided by law for the condemnation of property.


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    CS for SB 1534                                 First Engrossed



  1         Section 38.  Subsection (2) of section 945.35, Florida

  2  Statutes, is amended to read:

  3         945.35  Requirement for education on human

  4  immunodeficiency virus and acquired immune deficiency

  5  syndrome.--

  6         (2)  The Department of Corrections, in conjunction with

  7  the Department of Health, shall establish a mandatory

  8  education program on human immunodeficiency virus and acquired

  9  immune deficiency syndrome with an emphasis on appropriate

10  behavior and attitude change to be offered on an annual basis

11  to all staff in prisons correctional facilities, including new

12  staff.

13         Section 39.  Subsections (2), (3), (4), and (5) of

14  section 945.6031, Florida Statutes, are amended to read:

15         945.6031  Required reports and surveys.--

16         (2)  The authority shall conduct surveys of the

17  physical and mental health care system at each prison

18  correctional institution at least triennially and shall report

19  the survey findings for each institution to the Secretary of

20  Corrections.

21         (3)  Deficiencies found by the authority to be

22  life-threatening or otherwise serious shall be immediately

23  reported to the Secretary of Corrections.  The Department of

24  Corrections shall take immediate action to correct

25  life-threatening or otherwise serious deficiencies identified

26  by the authority and within 3 calendar days file a written

27  corrective action plan with the authority indicating the

28  actions that will be taken to address the deficiencies.

29  Within 60 calendar days following a survey, the authority

30  shall submit a report to the Secretary of Corrections

31  indicating deficiencies found at the prison institution.


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    CS for SB 1534                                 First Engrossed



  1         (4)  Within 30 calendar days after the receipt of a

  2  survey report from the authority, the Department of

  3  Corrections shall file a written corrective action plan with

  4  the authority, indicating the actions which will be taken to

  5  address deficiencies determined by the authority to exist at a

  6  prison an institution.  Each plan shall set forth an estimate

  7  of the time and resources needed to correct identified

  8  deficiencies.

  9         (5)  The authority shall monitor the Department of

10  Corrections' implementation of corrective actions which have

11  been taken at each prison institution to address deficiencies

12  related to the Department of Corrections' provision of

13  physical and mental health care services found to exist by the

14  authority.

15         Section 40.  Paragraph (c) of subsection (3) of section

16  945.6037, Florida Statutes, is amended to read:

17         945.6037  Nonemergency health care; inmate

18  copayments.--

19         (3)

20         (c)  The expenses and operating capital outlay required

21  to develop, implement, and maintain the medical copayment

22  accounting system must be appropriated from the Inmate Welfare

23  Trust Fund. The fiscal assistants and accountants at prisons

24  the correctional facilities funded from the Inmate Welfare

25  Trust Fund are, in addition to their duties relating to the

26  inmate canteen and bank, responsible for managing the medical

27  copayment system.

28         (d)  Subject to the availability of funds, the

29  department may implement a Hepatitis B vaccination program for

30  incoming inmates.

31  


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    CS for SB 1534                                 First Engrossed



  1         Section 41.  Subsection (1) of section 945.72, Florida

  2  Statutes, is amended to read:

  3         945.72  Eligibility and screening of inmates.--

  4         (1)  The provisions of ss. 945.71-945.74 apply to all

  5  eligible inmates in state prisons correctional institutions.

  6         Section 42.  Section 945.75, Florida Statutes, is

  7  amended to read:

  8         945.75  Tours of state correctional facilities for

  9  juveniles.--The Department of Corrections shall develop a

10  program under which a judge may order that juveniles who have

11  committed delinquent acts shall be allowed to tour state

12  prisons correctional facilities under the terms and conditions

13  established by the department. Each county shall develop a

14  comparable program to allow juveniles to tour county jails

15  pursuant to a court order.

16         Section 43.  Paragraph (a) of subsection (2) of section

17  946.002, Florida Statutes, is amended to read:

18         946.002  Requirement of labor; compensation; amount;

19  crediting of account of prisoner; forfeiture; civil rights;

20  prisoner not employee or entitled to compensation insurance

21  benefits.--

22         (2)(a)  Each prisoner who is engaged in productive work

23  in any state prison correctional institution, program, or

24  facility under the jurisdiction of the department may receive

25  for work performed such compensation as the department shall

26  determine.  Such compensation shall be in accordance with a

27  schedule based on quality and quantity of work performed and

28  skill required for performance, and said compensation shall be

29  credited to the account of the prisoner or the prisoner's

30  family.

31  


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    CS for SB 1534                                 First Engrossed



  1         Section 44.  Section 946.205, Florida Statutes, is

  2  amended to read:

  3         946.205  Institutional work.--The department may cause

  4  to be cultivated by the inmates of the adult prisons

  5  correctional institutions that are under the control and

  6  supervision of the department such food items as are grown on

  7  farms or in gardens generally, and as are needed and used in

  8  the state institutions. The department may sell any surplus

  9  food items to the corporation authorized under part II of this

10  chapter. Any proceeds received from such sales by the

11  department shall be deposited into the Correctional Work

12  Program Trust Fund. The department may also use the services

13  of inmates of the adult prisons who correctional institutions

14  that are under the control and supervision of the department

15  to perform such work as is needed and used within the state

16  institutions.

17         Section 45.  Section 946.25, Florida Statutes, is

18  amended to read:

19         946.25  Sale of hobbycrafts by prisoners.--When, in the

20  planning of the rehabilitation program of the Department of

21  Corrections through its recreational facilities, plans are

22  made for prisoners to engage in hobbies and hobbycrafts after

23  their normal working hours and when they are not required by

24  the warden of a state prison or correctional institution to be

25  on their assigned duties, they may make items of a hobby or

26  hobbycraft nature which may be disposed of by the prisoner

27  through the institutional canteen or commissary to persons

28  visiting the institution.

29         Section 46.  Subsection (1) of section 946.40, Florida

30  Statutes, is amended to read:

31         946.40  Use of prisoners in public works.--


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    CS for SB 1534                                 First Engrossed



  1         (1)  The Department of Corrections shall, subject to

  2  the availability of funds appropriated for that purpose, and,

  3  in the absence of such funds, may, enter into agreements with

  4  such political subdivisions in the state, as defined by s.

  5  1.01(8), including municipalities; with such agencies and

  6  institutions of the state; and with such nonprofit

  7  corporations as might use the services of inmates of prisons

  8  correctional institutions and camps when it is determined by

  9  the department that such services will not be detrimental to

10  the welfare of such inmates or the interests of the state in a

11  program of rehabilitation.  An agreement for use of fewer than

12  15 minimum custody inmates and medium custody inmates may

13  provide that supervision will be either by the department or

14  by the political subdivision, institution, nonprofit

15  corporation, or agency using the inmates.  The department is

16  authorized to adopt rules governing work and supervision of

17  inmates used in public works projects, which rules shall

18  include, but shall not be limited to, the proper screening and

19  supervision of such inmates.  Inmates may be used for these

20  purposes without being accompanied by a correctional officer,

21  provided the political subdivision, municipality, or agency of

22  the state or the nonprofit corporation provides proper

23  supervision pursuant to the rules of the Department of

24  Corrections.

25         Section 47.  Subsections (4) and (8) of section

26  946.504, Florida Statutes, are amended to read:

27         946.504  Organization of corporation to operate

28  correctional work programs; lease of facilities.--

29         (4)  If the department leases a single correctional

30  work program at any prison correctional institution to the

31  


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    CS for SB 1534                                 First Engrossed



  1  corporation, the corporation shall lease all such correctional

  2  work programs at that prison institution.

  3         (8)  Notwithstanding any provision to the contrary, the

  4  corporation may is authorized to use tax-exempt financing

  5  through the issuance of tax-exempt bonds, certificates of

  6  participation, lease-purchase agreements, or other tax-exempt

  7  financing methods for the purpose of constructing facilities

  8  or making capital improvements for correctional work programs

  9  and prison industry enhancement programs on state-owned land

10  within state prisons correctional institutions. Such

11  tax-exempt financing may be funded by the General

12  Appropriations Act. If the corporation obtains tax-exempt

13  financing, the state retains a secured interest by holding a

14  lien against any structure or improvement for which tax-exempt

15  financing or state funds are used. The corporation shall

16  include a provision in its financing contract requiring that a

17  lien be filed by the Department of Corrections, on behalf of

18  the state, in order to procure the issuance of tax-exempt

19  bonds or certificates of participation; to enter into

20  lease-purchase agreements; or to obtain any other tax-exempt

21  financing methods for the construction or renovation of

22  facilities related to correctional work programs or prison

23  industry enhancement programs. The lien shall be against the

24  property where any facility or structure is located which has

25  been constructed or substantially renovated, in whole or in

26  part, through the use of state funds. However, there is no

27  requirement for the Department of Corrections to file a lien

28  if the amount of state funds does not exceed $25,000 or 10

29  percent of the contract amount, whichever is less. The lien

30  must be recorded, upon the execution of the contract

31  authorizing such construction or renovation, in the county


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    CS for SB 1534                                 First Engrossed



  1  where the property is located. The lien must specify that the

  2  Department of Corrections has a financial interest in the

  3  property equal to the pro rata portion of the state's original

  4  investment of the then-fair-market value of the construction.

  5  The lien must also specify that the Department of Corrections'

  6  financial interest is proportionately reduced and subsequently

  7  vacated over a 20-year period of depreciation. The contract

  8  must include a provision that as a condition of receipt of

  9  state funding for this purpose, the corporation agrees that,

10  if it disposes of the property before the state's interest is

11  vacated, the corporation will refund the proportionate share

12  of the state's initial investment, as adjusted by

13  depreciation.

14         Section 48.  Section 946.513, Florida Statutes, is

15  amended to read:

16         946.513  Private employment of inmates; disposition of

17  compensation received.--

18         (1)  Notwithstanding the provisions of any other law,

19  an inmate may be employed by the corporation or by any other

20  private entity operating on the grounds of a prison

21  correctional institution prior to the last 24 months of the

22  inmate's confinement. Compensation received for such

23  employment shall be credited by the department to an account

24  for the inmate and shall be used to make any court-ordered

25  payments, including restitution to the victim. The department

26  rules shall provide that a portion of such compensation be

27  credited by the department in the manner provided in s.

28  946.512.

29         (2)  No inmate is eligible for unemployment

30  compensation, whether employed by the corporation or by any

31  other private enterprise operating on the grounds of a prison


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    CS for SB 1534                                 First Engrossed



  1  correctional institution or elsewhere, when such employment is

  2  part of a correctional work program or work-release program of

  3  either the corporation or the department.

  4         Section 49.  Paragraph (d) of subsection (2) of section

  5  413.051, Florida Statutes, is amended to read:

  6         413.051  Eligible blind persons; operation of vending

  7  stands.--

  8         (2)  As used in this section:

  9         (d)  "State property" means any building or land owned,

10  leased, or otherwise controlled by the state, but does not

11  include any building or land under the control of the Board of

12  Regents, a community college district board of trustees, or

13  any state prison correctional institution as defined in s.

14  944.02.

15         Section 50.  Paragraphs (a), (c), and (d) of subsection

16  (2) of section 414.40, Florida Statutes, are amended to read:

17         414.40  Stop Inmate Fraud Program established;

18  guidelines.--

19         (2)  The Department of Law Enforcement is directed to

20  implement the Stop Inmate Fraud Program in accordance with the

21  following guidelines:

22         (a)  The program shall establish procedures for sharing

23  public records not exempt from the public records law among

24  social services agencies regarding the identities of persons

25  incarcerated in state prisons correctional institutions, as

26  defined in s. 944.02, or in county, municipal, or regional

27  jails or other detention facilities of local governments under

28  chapter 950 or chapter 951 who are wrongfully receiving public

29  assistance benefits or entitlement benefits.

30         (c)  Database searches shall be conducted of the inmate

31  population at each prison correctional institution or other


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    CS for SB 1534                                 First Engrossed



  1  detention facility.  A prison correctional institution or a

  2  detention facility shall provide the Stop Inmate Fraud Program

  3  with the information necessary to identify persons wrongfully

  4  receiving benefits in the medium requested by the Stop Inmate

  5  Fraud Program if the prison correctional institution or

  6  detention facility maintains the information in that medium.

  7         (d)  Data obtained from prisons correctional

  8  institutions or other detention facilities shall be compared

  9  with the client files of the Department of Children and Family

10  Services, the Department of Labor and Employment Security, and

11  other state or local agencies as needed to identify persons

12  wrongfully obtaining benefits.  Data comparisons shall be

13  accomplished during periods of low information demand by

14  agency personnel to minimize inconvenience to the agency.

15         Section 51.  Paragraph (a) of subsection (7) of section

16  948.03, Florida Statutes, is amended to read:

17         948.03  Terms and conditions of probation or community

18  control.--

19         (7)(a)  If the court imposes a period of residential

20  treatment or incarceration as a condition of probation or

21  community control, the residential treatment or incarceration

22  shall be restricted to the following facilities:

23         1.  A Department of Corrections probation and

24  restitution center;

25         2.  A probation program drug punishment treatment

26  community;

27         3.  A community residential facility that which is

28  owned and operated by any public or private entity, excluding

29  a work-release community correctional center as defined in s.

30  944.026; or

31         4.  A county-owned facility.


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  1         Section 52.  Paragraphs (a) and (e) of subsection (2)

  2  of section 951.23, Florida Statutes, are amended to read:

  3         951.23  County and municipal detention facilities;

  4  definitions; administration; standards and requirements.--

  5         (2)  COLLECTION OF INFORMATION.--In conjunction with

  6  the administrators of county detention facilities, the

  7  Department of Corrections shall develop an instrument for the

  8  collection of information from the administrator of each

  9  county detention facility.  Whenever possible, the information

10  shall be transmitted by the administrator to the Department of

11  Corrections electronically or in a computer readable format.

12  The information shall be provided on a monthly basis and shall

13  include, but is not limited to, the following:

14         (a)  The number of persons housed per day who are:

15         1.  Felons sentenced to cumulative sentences of

16  incarceration of 364 days or less.

17         2.  Felons sentenced to cumulative sentences of

18  incarceration of 365 days or more.

19         3.  Sentenced misdemeanants.

20         4.  Awaiting trial on at least one felony charge.

21         5.  Awaiting trial on misdemeanor charges only.

22         6.  Convicted felons and misdemeanants who are awaiting

23  sentencing.

24         7.  Juveniles.

25         8.  State parole violators.

26         9.  State inmates who were transferred from a state

27  prison correctional facility, as defined in s. 944.02, to the

28  county detention facility.

29         (e)  The number of persons admitted per month, and the

30  number of persons housed on the last day of the month, by age,

31  race, and sex, who are:


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    CS for SB 1534                                 First Engrossed



  1         1.  Felons sentenced to cumulative sentences of

  2  incarceration of 364 days or less.

  3         2.  Felons sentenced to cumulative sentences of

  4  incarceration of 365 days or more.

  5         3.  Sentenced misdemeanants.

  6         4.  Awaiting trial on at least one felony charge.

  7         5.  Awaiting trial on misdemeanor charges only.

  8         6.  Convicted felons and misdemeanants who are awaiting

  9  sentencing.

10         7.  Juveniles.

11         8.  State parole violators.

12         9.  State inmates who were transferred from a state

13  prison correctional facility, as defined in s. 944.02, to the

14  county detention facility.

15         Section 53.  Paragraph (b) of subsection (2) of section

16  958.04, Florida Statutes, is amended to read:

17         958.04  Judicial disposition of youthful offenders.--

18         (2)  In lieu of other criminal penalties authorized by

19  law and notwithstanding any imposition of consecutive

20  sentences, the court shall dispose of the criminal case as

21  follows:

22         (b)  The court may impose a period of incarceration as

23  a condition of probation or community control, which period of

24  incarceration shall be served in either a county facility, a

25  department probation and restitution center, or a community

26  residential facility which is owned and operated by any public

27  or private entity providing such services.  No youthful

28  offender may be required to serve a period of incarceration in

29  a work-release community correctional center as defined in s.

30  944.026.  Admission to a department facility or center shall

31  be contingent upon the availability of bed space and shall


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    CS for SB 1534                                 First Engrossed



  1  take into account the purpose and function of such facility or

  2  center.  Placement in such a facility or center shall not

  3  exceed 364 days.

  4         Section 54.  Subsection (2) of section 948.09, Florida

  5  Statutes, is amended to read:

  6         948.09  Payment for cost of supervision and

  7  rehabilitation.--

  8         (2)  Any person being electronically monitored by the

  9  department as a result of placement on community control shall

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

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

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

13  sentencing court. The surcharge shall be deposited in the

14  Operating Trust Fund to be appropriated by the Legislature for

15  use used by the department for purchasing and maintaining

16  electronic monitoring devices.

17         Section 55.  Paragraphs (b), (c), and (d) of subsection

18  (1) of section 945.215, Florida Statutes, are amended to read:

19         945.215  Inmate welfare and employee benefit trust

20  funds.--

21         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

22  CORRECTIONS.--

23         (b)  Funds in the Inmate Welfare Trust Fund must be

24  used exclusively for the following purposes at correctional

25  facilities operated directly by the department:

26         1.  To operate inmate canteens and vending machines,

27  including purchasing items for resale at inmate canteens and

28  vending machines; employing personnel and inmates to manage,

29  supervise, and operate inmate canteens and vending machines;

30  and covering other operating and fixed capital outlay expenses

31  


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    CS for SB 1534                                 First Engrossed



  1  associated with operating inmate canteens and vending

  2  machines;

  3         2.  To employ personnel to manage and supervise the

  4  proceeds from telephone commissions;

  5         3.  To develop, implement, and maintain the medical

  6  copayment accounting system;

  7         4.  To provide literacy programs, vocational training

  8  programs, and educational programs that comply with standards

  9  of the Department of Education, including employing personnel

10  and covering other operating and fixed capital outlay expenses

11  associated with providing such programs;

12         5.  To operate inmate chapels, faith-based programs,

13  visiting pavilions, visiting services and programs, family

14  services and programs, libraries, and law libraries, including

15  employing personnel and covering other operating and fixed

16  capital outlay expenses associated with operating inmate

17  chapels, faith-based programs, visiting pavilions, visiting

18  services and programs, family services and programs,

19  libraries, and law libraries;

20         6.  To provide for expenses associated with various

21  inmate clubs;

22         7.  To provide for expenses associated with legal

23  services for inmates;

24         8.  To provide inmate substance abuse treatment

25  programs and transition and life skills training programs,

26  including employing personnel and covering other operating and

27  fixed capital outlay expenses associated with providing such

28  programs; and.

29         9.  To purchase other items for the benefit of the

30  inmate population as deemed appropriate by the secretary.

31  


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    CS for SB 1534                                 First Engrossed



  1         (c)  The Legislature shall annually appropriate the

  2  funds deposited in the Inmate Welfare Trust Fund. It is the

  3  intent of the Legislature that total annual expenditures for

  4  providing literacy programs, vocational training programs, and

  5  educational programs exceed the combined total annual

  6  expenditures for operating inmate chapels, faith-based

  7  programs, visiting pavilions, visiting services and programs,

  8  family services and programs, libraries, and law libraries,

  9  covering expenses associated with inmate clubs, purchasing

10  other items deemed appropriate by the secretary, and providing

11  inmate substance abuse treatment programs and transition and

12  life skills training programs.

13         (d)  Funds in the Inmate Welfare Trust Fund or any

14  other fund may not be used to purchase weight training

15  equipment or cable television service, or to rent or purchase

16  videocassettes or, videocassette recorders, or other

17  audiovisual or electronic equipment used primarily for

18  recreation purposes. This paragraph does not preclude the

19  purchase or rental of electronic or audiovisual equipment or

20  wellness equipment for inmate training or educational

21  programs.

22         Section 56.  Subsections (5), (6), and (8) of section

23  944.17, Florida Statutes, are amended to read:

24         944.17  Commitments and classification; transfers.--

25         (5)  The department shall also refuse to accept a

26  person into the state correctional system unless the following

27  documents are presented in a completed form by the custodian

28  of the local jail, by another person having custody of the

29  prisoner, sheriff or by the chief correctional officer, or a

30  designated representative, to the officer in charge of the

31  reception process:


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    CS for SB 1534                                 First Engrossed



  1         (a)  The uniform commitment and judgment and sentence

  2  forms as described in subsection (4).

  3         (b)  The sheriff's certificate as described in s.

  4  921.161.

  5         (c)  A certified copy of the indictment or information

  6  relating to the offense for which the person was convicted.

  7         (d)  A copy of the probable cause affidavit for each

  8  offense identified in the current indictment or information.

  9         (e)  A copy of the Criminal Punishment Code scoresheet

10  and any attachments thereto prepared pursuant to Rule 3.701,

11  Rule 3.702, or Rule 3.703, Florida Rules of Criminal

12  Procedure, or any other rule pertaining to the preparation of

13  felony sentencing scoresheets.

14         (f)  A copy of the restitution order or the reasons by

15  the court for not requiring restitution pursuant to s.

16  775.089(1).

17         (g)  The name and address of any victim, if available.

18         (h)  A printout of a current criminal history record as

19  provided through an FCIC/NCIC printer.

20         (i)  Any available health assessments including

21  medical, mental health, and dental, including laboratory or

22  test findings; custody classification; disciplinary and

23  adjustment; and substance abuse assessment and treatment

24  information which may have been developed during the period of

25  incarceration prior to the transfer of the person to the

26  department's custody. Available information shall be

27  transmitted on standard forms developed by the department.

28  

29  In addition, the custodian of the prisoner or a designated

30  representative of the custodian sheriff or other officer

31  having such person in charge shall also deliver with the


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    CS for SB 1534                                 First Engrossed



  1  foregoing documents any available presentence investigation

  2  reports as described in s. 921.231 and any attached documents.

  3  After a prisoner is admitted into the state correctional

  4  system, the department may request such additional records

  5  relating to the prisoner as it considers necessary from the

  6  clerk of the court, the Department of Children and Family

  7  Services, or any other state or county agency for the purpose

  8  of determining the prisoner's proper custody classification,

  9  gain-time eligibility, or eligibility for early release

10  programs.  An agency that receives such a request from the

11  department must provide the information requested.

12         (6)  If a person is sentenced by a circuit court to

13  serve a term of imprisonment concurrently with a term being

14  served in another jurisdiction, the sheriff or chief

15  correctional officer or person having custody of the prisoner

16  shall notify the department of the location at which such

17  person is serving such term of imprisonment and shall forward

18  to the department the documents described in subsection (5).

19         (8)  If a state prisoner's presence is required in

20  court for any reason after the sheriff or chief correctional

21  officer or custodian of the local jail has relinquished

22  custody to the department, the court shall issue an order for

23  the sheriff or chief correctional officer or custodian of the

24  local jail to assume temporary custody and transport the

25  prisoner to the county jail pending the court appearance. The

26  sheriff or chief correctional officer or custodian of the

27  local jail, or a designated representative, shall present a

28  copy of the order to appropriate officers at the facility

29  housing the prisoner prior to assuming temporary custody of

30  the prisoner.  Neither the court nor the sheriff or chief

31  correctional officer nor any other person may release such


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    CS for SB 1534                                 First Engrossed



  1  prisoner without first obtaining confirmation from the

  2  department that the prisoner has no commitments from other

  3  jurisdictions or outstanding detainers.  It is the

  4  responsibility of the clerk of the circuit court to provide

  5  the department's central office with certified copies of each

  6  court action that affects a state commitment.

  7         Section 57.  (1)  It is the intent of the Legislature

  8  that local correctional practices in the state be upgraded and

  9  strengthened through the adoption of meaningful standards of

10  operation for local jails.

11         (2)  It is also the intent of the Legislature that

12  local correctional facilities voluntarily adopt these

13  standards of operation designed to promote equal and fair

14  service delivery, maximize the capability of local jails to

15  provide security and control, and increase interagency

16  cooperation throughout the state.

17         (3)(a)  It is further the intent of the Legislature to

18  support the Florida Corrections Accreditation Commission

19  accreditation program. Such program shall continue to be

20  operated through the Florida Corrections Accreditation

21  Commission as an independent body in cooperation with the

22  Florida Department of Corrections.

23         (b)  The Department of Corrections shall provide

24  financial support to the Florida Corrections Accreditation

25  Commission to maintain the effectiveness of the accreditation

26  process, as deemed appropriate by the Secretary of

27  Corrections.

28         (c)  The corrections accreditation program shall

29  continue to address, at a minimum, the following aspects of

30  correctional service delivery: personnel issues; training;

31  security and control; order and discipline; special


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    CS for SB 1534                                 First Engrossed



  1  operations; admission, classification, and release of adults;

  2  inmate housing; inmate programs; sanitation and hygiene; food

  3  service; direct supervision jails; admission, classification,

  4  and release of juveniles; housing of juveniles; medical and

  5  pharmacy issues; and public information.

  6         (4)  The Florida Corrections Accreditation Commission

  7  shall report to the President of the Senate and the Speaker of

  8  the House of Representatives on the status of corrections

  9  accreditation in this state no later than December 31, 2001.

10         Section 58.  The sum of $200,000 is appropriated from

11  the Criminal Justice Standards and Training Trust Fund to the

12  Department of Corrections for purposes of implementing the

13  provisions of section 57 of this act during the 2001-2002

14  fiscal year.

15         Section 59.  Section 943.12, Florida Statutes, is

16  amended to read:

17         943.12  Powers, duties, and functions of the

18  commission.--The commission shall:

19         (1)  Adopt Promulgate rules for the administration of

20  ss. 943.085-943.255 pursuant to chapter 120.

21         (2)  Be responsible for the execution, administration,

22  implementation, and evaluation of its powers, duties, and

23  functions under ss. 943.085-943.255, including any rules

24  promulgated or policies established hereunder.

25         (3)  Certify, and revoke the certification of,

26  officers, instructors, and criminal justice training schools.

27         (4)  Establish uniform minimum employment standards for

28  the various criminal justice disciplines.

29         (5)  Establish uniform minimum training standards for

30  the training of officers in the various criminal justice

31  disciplines.


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    CS for SB 1534                                 First Engrossed



  1         (6)  Consult and cooperate with municipalities or the

  2  state or any political subdivision of the state and with

  3  universities, colleges, community colleges, and other

  4  educational institutions concerning the development of

  5  criminal justice training schools and programs or courses of

  6  instruction, including, but not necessarily limited to,

  7  education and training in the areas of criminal justice

  8  administration and all allied and supporting disciplines.

  9         (7)  Conduct official inquiries or require criminal

10  justice training schools to conduct official inquiries of

11  Authorize the issuance of certificates for criminal justice

12  training instructors who are certified by the commission

13  schools.

14         (8)  Establish minimum curricular requirements for

15  criminal justice training schools.

16         (9)  Authorize the issuance of certificates for

17  instructors.

18         (9)(10)  Make, publish, or encourage studies on any

19  aspect of criminal justice education and training or

20  recruitment, including the development of defensible and

21  job-related psychological, selection, and performance

22  evaluation tests.

23         (10)(11)  With the approval of the head of the

24  department, make and enter into such contracts and agreements

25  with other agencies, organizations, associations,

26  corporations, individuals, or federal agencies as the

27  commission determines are necessary, expedient, or incidental

28  to the performance of its duties or the execution of its

29  powers.

30         (11)(12)  Provide to each commission member and, upon

31  request, to any sheriff, chief of police, state law


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    CS for SB 1534                                 First Engrossed



  1  enforcement or correctional agency chief administrator, or

  2  training center director or to any other concerned citizen

  3  minutes of commission meetings and notices and agendas of

  4  commission meetings.

  5         (12)(13)  Establish a central repository of records for

  6  the proper administration of its duties, powers, and

  7  functions.

  8         (13)(14)  Issue final orders which include findings of

  9  fact and conclusions of law and which constitute final agency

10  action for the purpose of chapter 120.

11         (14)(15)  Enforce compliance with provisions of this

12  chapter through injunctive relief and civil fines.

13         (15)(16)  Make recommendations concerning any matter

14  within the purview of this chapter.

15         (16)(17)  Adopt Promulgate rules for the certification

16  and discipline of officers who engage in those specialized

17  areas found to present a high risk of harm to the officer or

18  the public at large and which would in turn increase the

19  potential liability of an employing agency.

20         (17)(18)  Implement, administer, maintain, and revise a

21  job-related officer certification examination for each

22  criminal justice discipline.  The commission shall, by rule,

23  establish procedures for the administration of the officer

24  certification examinations.  Further, the commission shall

25  establish standards for acceptable performance for each

26  officer certification examination.

27         Section 60.  Subsection (6) of section 943.13, Florida

28  Statutes, is amended to read:

29         943.13  Officers' minimum qualifications for employment

30  or appointment.--On or after October 1, 1984, any person

31  employed or appointed as a full-time, part-time, or auxiliary


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    CS for SB 1534                                 First Engrossed



  1  law enforcement officer or correctional officer; on or after

  2  October 1, 1986, any person employed as a full-time,

  3  part-time, or auxiliary correctional probation officer; and on

  4  or after October 1, 1986, any person employed as a full-time,

  5  part-time, or auxiliary correctional officer by a private

  6  entity under contract to the Department of Corrections, to a

  7  county commission, or to the Correctional Privatization

  8  Commission shall:

  9         (6)  Have passed a physical examination by a licensed

10  physician or physician assistant, based on specifications

11  established by the commission.

12         Section 61.  Section 943.131, Florida Statutes, is

13  amended to read:

14         943.131  Temporary employment or appointment; minimum

15  basic recruit training exemption.--

16         (1)(a)  An employing agency may temporarily employ or

17  appoint a person who complies with the qualifications for

18  employment in s. 943.13(1)-(8), but has not fulfilled the

19  requirements of s. 943.13(9) and (10), if a critical need

20  exists to employ or appoint the person and such person is or

21  will be enrolled in the next approved basic recruit training

22  program available in the geographic area or that no assigned

23  state training program for state officers is available within

24  a reasonable time. The employing agency must maintain

25  documentation which demonstrates that a critical need exists

26  to employ a person pursuant to this section. Prior to the

27  employment or appointment of any person other than a

28  correctional probation officer under this subsection, the

29  person shall comply with the firearms provisions established

30  pursuant to s. 943.17(1)(a). Any person temporarily employed

31  or appointed as an officer under this subsection must attend


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    CS for SB 1534                                 First Engrossed



  1  the first training program offered in the geographic area, or

  2  the first assigned state training program for a state officer,

  3  subsequent to his or her employment or appointment. Further,

  4  upon successful completion of the basic recruit training

  5  program, any person temporarily employed or appointed as an

  6  officer must fulfill the requirements of s. 943.13(10) within

  7  180 consecutive days.

  8         (b)  In no case may the person be temporarily employed

  9  or appointed for more than 180 consecutive days, and such

10  temporary employment or appointment is not renewable by the

11  employing agency or transferable to another employing agency.

12  However, a person who is temporarily employed or appointed and

13  is attending the first training program offered in the

14  geographic area, or has been assigned to a state training

15  program, may continue to be temporarily employed or appointed

16  until the person:

17         1.  Successfully completes the basic recruit training

18  program and achieves an acceptable score on the officer

19  certification examination;

20         2.  Fails or withdraws from a any course of the basic

21  recruit training program;

22         3.  Fails to achieve an acceptable score on the officer

23  certification examination within 180 consecutive days after

24  the successful completion of the basic recruit training

25  program; or

26         4.  Is separated from employment or appointment by the

27  employing agency.

28         (c)  No person temporarily employed or appointed under

29  the provisions of this subsection may perform the duties of an

30  officer unless he or she is adequately supervised by another

31  officer of the same discipline. The supervising officer must


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  1  be in full compliance with the provisions of s. 943.13 and

  2  must be employed or appointed by the employing agency.

  3         (2)  If an applicant seeks an exemption from completing

  4  a commission-approved basic recruit training program, the

  5  employing agency must verify that the applicant has

  6  successfully completed a comparable basic recruit training

  7  program for the discipline in which the applicant is seeking

  8  certification in another state or for the Federal Government.

  9  Further, the employing agency must verify that the applicant

10  has served as a full-time sworn officer in another state or

11  for the Federal Government for at least one year. When the

12  employing agency obtains written documentation regarding the

13  applicant's criminal justice experience, the documentation

14  must be submitted to the commission. The commission shall

15  adopt rules that establish criteria and procedures to

16  determine if the applicant is exempt from completing the

17  commission-approved basic recruit training program and, upon

18  making a determination, shall notify the employing agency. An

19  If the applicant who is exempt from completing the

20  commission-approved basic recruit training program, the

21  applicant must demonstrate proficiency in the high-liability

22  areas, as defined by commission rule, and must complete the

23  requirements of s. 943.13(10) within 180 days after receiving

24  an exemption. If the proficiencies and requirements of s.

25  943.13(10) are not met within the 180 days, the applicant must

26  complete a commission-approved basic recruit training program

27  complete training, as required by the commission by rule, in

28  areas which include, but are not limited to, defensive

29  driving, defensive tactics, firearms training, and first

30  responder training. Except as provided in subsection (1),

31  before the employing agency may employ or appoint the


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  1  applicant as an officer, the applicant must meet the minimum

  2  qualifications described in s. 943.13(1)-(8), and must fulfill

  3  the requirements of s. 943.13(10).

  4         Section 62.  Subsection (1) of section 943.135, Florida

  5  Statutes, is amended to read:

  6         943.135  Requirements for continued employment.--

  7         (1)  The commission shall, by rule, adopt a program

  8  that requires all officers, as a condition of continued

  9  employment or appointment as officers, to receive periodic

10  commission-approved continuing training or education. Such

11  continuing training or education shall be required at the rate

12  of 40 hours every 4 years. No officer shall be denied a

13  reasonable opportunity by the employing agency to comply with

14  this section.  The employing agency must document that the

15  continuing training or education is job-related and consistent

16  with the needs of the employing agency. The employing agency

17  must maintain and submit, or electronically transmit, the

18  documentation to the commission, in a format approved by the

19  commission.  The rule shall also provide:

20         (a)  Assistance to an employing agency in identifying

21  each affected officer, the date of his or her employment or

22  appointment, and his or her most recent date for successful

23  completion of continuing training or education; and

24         (b)  A procedure for reactivation of the certification

25  of an officer who is not in compliance with this section.; and

26         (c)  A remediation program supervised by the training

27  center director within the geographic area for any officer who

28  is attempting to comply with the provisions of this subsection

29  and in whom learning disabilities are identified.  The officer

30  shall be assigned nonofficer duties, without loss of employee

31  benefits, and the program shall not exceed 90 days.


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  1         Section 63.  Subsection (2) of section 943.1395,

  2  Florida Statutes, is amended to read:

  3         943.1395  Certification for employment or appointment;

  4  concurrent certification; reemployment or reappointment;

  5  inactive status; revocation; suspension; investigation.--

  6         (2)  An officer who is certified in one discipline and

  7  who complies with s. 943.13 in another discipline shall hold

  8  concurrent certification and may be assigned in either

  9  discipline within his or her employing agency. However, the

10  officer may be registered and hold concurrent certification

11  only if the employing agency has authority to employ multiple

12  disciplines.

13         Section 64.  Section 943.14, Florida Statutes, is

14  amended to read:

15         943.14  Commission-certified criminal justice training

16  schools; certificates and diplomas; exemptions; injunctive

17  relief; fines.--

18         (1)  Each criminal justice training school approved by

19  the commission shall obtain from the commission a certificate

20  of compliance, with rules of the commission, signed by the

21  chair of the commission. Any training or educational courses

22  which are taught in any criminal justice training school must

23  first be approved in writing by the commission.

24         (2)  Any certificate or diploma issued by any criminal

25  justice training school which relates to completion,

26  graduation, or attendance in criminal justice training or

27  educational subjects, or related matters, must be approved by

28  the commission staff in the department's Criminal Justice

29  Professionalism Program.

30  

31  


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  1         (3)  The commission shall establish, by rule,

  2  procedures for the certification and discipline of all

  3  instructors in any criminal justice training school.

  4         (4)  Prior to the issuance of a certificate of

  5  compliance, or as a condition of continuing certification, all

  6  records of any criminal justice training school that relate to

  7  training and all financial and personnel records of the school

  8  shall be made available to the commission upon request.

  9         (5)  No private criminal justice training school may

10  include within its name the word "commission," "bureau," or

11  "division" together with the word "Florida" or "state," the

12  name of any county or municipality, or any misleading

13  derivative thereof which might be construed to represent a

14  government agency or an entity authorized by a government

15  agency.

16         (6)  Criminal justice training schools and courses

17  which are licensed and operated in accordance with the rules

18  of the State Board of Education and the rules of the

19  commission are exempt from the requirements of subsections

20  (1)-(5).  However, any school which instructs approved

21  commission courses must meet the requirements of subsections

22  (1)-(5).

23         (6)(7)(a)  Commission-approved correctional probation

24  courses and subjects which are taught by Florida 4-year

25  accredited colleges and universities are exempt from

26  subsections (1)-(6) (1)-(5) except for such documentation

27  which may be required by the commission.  The commission

28  retains control over the content of courses and subjects

29  covered by this subsection as specified in s. 943.17(1)(a).

30  Florida 4-year accredited colleges and universities must

31  obtain approval from the commission prior to offering


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    CS for SB 1534                                 First Engrossed



  1  correctional probation courses. Florida 4-year accredited

  2  colleges and universities offering the Correctional Probation

  3  Training Program shall teach the learning objectives specified

  4  by the commission.  The administration of the commission's

  5  Correctional Probation Training Program within a Florida

  6  4-year accredited college or university shall fall within the

  7  institution's established guidelines for course delivery and

  8  student attendance.  The Florida 4-year accredited college or

  9  university shall provide to the commission and to the student

10  proof of successful completion of all the approved objectives

11  required by the commission for the academic courses approved

12  for the Correctional Probation Training Program. The

13  commission-certified training school administering the

14  commission-required correctional probation high-liability

15  training shall provide to the commission and to the student

16  proof of successful completion of all approved objectives.

17         (b)  All other criminal justice sciences or

18  administration courses or subjects which are a part of the

19  curriculum of any accredited college, university, community

20  college, or vocational-technical center of this state, and all

21  full-time instructors of such institutions, are exempt from

22  the provisions of subsections (1)-(5).

23         (7)(8)  Each criminal justice training school that

24  offers law enforcement, correctional, or correctional

25  probation officer basic recruit training, or selection center

26  that provides applicant screening for criminal justice

27  training schools, shall conduct a criminal history background

28  check of an applicant prior to entrance into the basic recruit

29  class. A complete set of fingerprints must be taken by an

30  authorized criminal justice agency or by an employee of the

31  criminal justice training school or selection center who is


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    CS for SB 1534                                 First Engrossed



  1  trained to take fingerprints. The criminal justice training

  2  school or selection center shall submit the fingerprints to

  3  the Florida Department of Law Enforcement for a statewide

  4  criminal history check, and forward the fingerprints to the

  5  Federal Bureau of Investigation for a national criminal

  6  history check. Applicants found through fingerprint processing

  7  to have pled guilty to or been convicted of a crime which

  8  would render the applicant unable to meet the minimum

  9  qualifications for employment as an officer as specified in s.

10  943.13(4) shall be removed from the pool of qualified

11  candidates by the criminal justice training school or

12  selection center.

13         (8)(9)(a)  If a criminal justice training school or

14  person violates this section, or any rule adopted pursuant

15  hereto, the Department of Legal Affairs, at the request of the

16  chair of the commission, shall apply to the circuit court in

17  the county in which the violation or violations occurred for

18  injunctive relief prohibiting the criminal justice training

19  school or person from operating contrary to this section.

20         (b)1.  In addition to any injunctive relief available

21  under paragraph (a), the commission may impose a civil fine

22  upon any criminal justice training school or person who

23  violates subsection (1) or subsection (5), or any rule adopted

24  pursuant thereto, of up to $10,000 for each violation, which

25  fine shall be paid into the Criminal Justice Standards and

26  Training Trust Fund. The commission may impose a civil fine

27  upon any criminal justice training school or person who

28  violates subsection (2), subsection (3), or subsection (4), or

29  any rule adopted pursuant thereto, of up to $1,000 for each

30  violation, which fine shall be paid into the Criminal Justice

31  Standards and Training Trust Fund.


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  1         2.  A proceeding under this paragraph shall comply with

  2  the provisions of chapter 120, and the final order of the

  3  commission constitutes final agency action for the purposes of

  4  chapter 120. When the commission imposes a civil fine and the

  5  fine is not paid within a reasonable time, the Department of

  6  Legal Affairs, at the request of the chair of the commission,

  7  shall bring a civil action under the provisions of s. 120.69

  8  to recover the fine. The commission and the Department of

  9  Legal Affairs are not required to post any bond in any

10  proceeding herein.

11         Section 65.  Subsection (1) of section 943.17, Florida

12  Statutes, is amended to read:

13         943.17  Basic recruit, advanced, and career development

14  training programs; participation; cost; evaluation.--The

15  commission shall, by rule, design, implement, maintain,

16  evaluate, and revise entry requirements, job-related

17  curricula, and performance standards for basic recruit,

18  advanced, and career development training programs and

19  courses.  The rules shall include, but are not limited to, a

20  methodology to assess relevance of the subject matter to the

21  job, student performance, and instructor competency.

22         (1)  The commission shall:

23         (a)  Design, implement, maintain, evaluate, and revise

24  or adopt a basic recruit training program for the purpose of

25  providing minimum employment training qualifications for all

26  officers to be employed or appointed in each discipline.

27         (b)  Design, implement, maintain, evaluate, and revise

28  or adopt an advanced training program which is limited to

29  those courses enhancing an officer's knowledge, skills, and

30  abilities for the job he or she performs.

31  


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    CS for SB 1534                                 First Engrossed



  1         (c)  Design, implement, maintain, evaluate, and revise

  2  or adopt a career development training program which is

  3  limited to those courses related to promotion to a higher rank

  4  or position.  Career development courses will not be eligible

  5  for funding as provided in s. 943.25(9).

  6         (d)  Design, implement, maintain, evaluate, or adopt a

  7  specialized training program, consisting of identified goals

  8  and objectives that enhance an officer's ability to perform

  9  the duties of his or her job. For any existing or newly

10  established course, adopt an examination and assessment

11  instrument that is job-related and measures an officer's

12  acquisition of knowledge, skills, and abilities.  An

13  acceptable level of measurable student performance shall also

14  be developed for each course.

15         Section 66.  Subsection (2) of section 943.173, Florida

16  Statutes, is amended to read:

17         943.173  Examinations; administration; materials not

18  public records; disposal of materials.--

19         (2)  Each advanced and career development course

20  examination adopted by the commission shall be administered at

21  a certified criminal justice training school under the

22  supervision of the training center director.

23         Section 67.  Section 943.175, Florida Statutes, is

24  amended to read:

25         943.175  Inservice and specialized training.--

26         (1)  Inservice training programs, consisting of courses

27  established, implemented, and evaluated by an employing

28  agency, are the responsibility of the employing agency.

29  Inservice Specialized training programs, consisting of courses

30  established, implemented, and evaluated by a criminal justice

31  training school, are the responsibility of the criminal


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    CS for SB 1534                                 First Engrossed



  1  justice training school. Inservice and specialized training

  2  programs or courses need not be approved by the commission.

  3         (2)  The commission shall, by rule, establish

  4  procedures and criteria whereby an employing agency or

  5  criminal justice training school seeking commission approval

  6  of a specialized training program or course must submit the

  7  program or course to the commission for evaluation. The

  8  procedures and criteria shall include, but are not limited to,

  9  a demonstration of job relevance and quality of instruction.

10         (2)(3)  Inservice or specialized training courses or

11  programs shall not be part of the programs or courses

12  established by the commission pursuant to s. 943.17, nor shall

13  they be used to qualify an officer for salary incentive

14  payment provided under s. 943.22.

15         Section 68.  Paragraph (a) of subsection (1) of section

16  943.22, Florida Statutes, is amended to read:

17         943.22  Salary incentive program for full-time

18  officers.--

19         (1)  For the purpose of this section, the term:

20         (a)  "Accredited college, university, or community

21  college" means a college, university, or community college

22  which has been accredited by the Southern Association of

23  Colleges and Schools or, another regional accrediting agency,

24  or the American Association of Collegiate Registrars and

25  Admissions Officers.

26         Section 69.  Subsection (6) of section 943.25, Florida

27  Statutes, is amended to read:

28         943.25  Criminal justice trust funds; source of funds;

29  use of funds.--

30         (6)  No Training, room, or board cost may not be

31  assessed against any officer or employing agency for any


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    CS for SB 1534                                 First Engrossed



  1  advanced and specialized training course funded from the

  2  Criminal Justice Standards and Training Trust Fund and offered

  3  through a criminal justice training school certified by the

  4  commission. Such expenses shall be paid from the trust fund

  5  and are not reimbursable by the officer. Travel costs to and

  6  from the training site are the responsibility of the trainee

  7  or employing agency. Any compensation, including, but not

  8  limited to, salaries and benefits, paid to any person during

  9  the period of training shall be fixed and determined by the

10  employing agency; and such compensation shall be paid directly

11  to the person.

12         (a)  The commission shall develop a policy of

13  reciprocal payment for training officers from regions other

14  than the region providing the training.

15         (b)  An officer who is not employed or appointed by an

16  employing agency of this state may attend a course funded by

17  the trust fund, provided the officer is required to pay to the

18  criminal justice training school all training costs incurred

19  for her or his attendance.

20         Section 70.  Section 316.640, Florida Statutes, is

21  amended to read:

22         316.640  Enforcement.--The enforcement of the traffic

23  laws of this state is vested as follows:

24         (1)  STATE.--

25         (a)1.a.  The Division of Florida Highway Patrol of the

26  Department of Highway Safety and Motor Vehicles, the Division

27  of Law Enforcement of the Fish and Wildlife Conservation

28  Commission, the Division of Law Enforcement of the Department

29  of Environmental Protection, and law enforcement officers of

30  the Department of Transportation each have authority to

31  enforce all of the traffic laws of this state on all the


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    CS for SB 1534                                 First Engrossed



  1  streets and highways thereof and elsewhere throughout the

  2  state wherever the public has a right to travel by motor

  3  vehicle. The Division of the Florida Highway Patrol may employ

  4  as a traffic accident investigation officer any individual who

  5  successfully completes at least 200 hours of instruction in

  6  traffic accident investigation and court presentation through

  7  the Selective Traffic Enforcement Program as approved by the

  8  Criminal Justice Standards and Training Commission and funded

  9  through the National Highway Traffic Safety Administration or

10  a similar program approved by the commission, but who does not

11  necessarily meet the uniform minimum standards established by

12  the commission for law enforcement officers or auxiliary law

13  enforcement officers under chapter 943. Any such traffic

14  accident investigation officer who makes an investigation at

15  the scene of a traffic accident may issue traffic citations,

16  based upon personal investigation, when he or she has

17  reasonable and probable grounds to believe that a person who

18  was involved in the accident committed an offense under this

19  chapter, chapter 319, chapter 320, or chapter 322 in

20  connection with the accident. This paragraph does not permit

21  the carrying of firearms or other weapons, nor do such

22  officers have arrest authority other than for the issuance of

23  a traffic citation as authorized in this paragraph.

24         b.  University police officers shall have authority to

25  enforce all of the traffic laws of this state when such

26  violations occur on or about any property or facilities that

27  are under the guidance, supervision, regulation, or control of

28  the State University System, except that traffic laws may be

29  enforced off-campus when hot pursuit originates on-campus.

30         c.  Community college police officers shall have the

31  authority to enforce all the traffic laws of this state only


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    CS for SB 1534                                 First Engrossed



  1  when such violations occur on any property or facilities that

  2  are under the guidance, supervision, regulation, or control of

  3  the community college system.

  4         d.  Police officers employed by an airport authority

  5  shall have the authority to enforce all of the traffic laws of

  6  this state only when such violations occur on any property or

  7  facilities that are owned or operated by an airport authority.

  8         (I)  An airport authority may employ as a parking

  9  enforcement specialist any individual who successfully

10  completes a training program established and approved by the

11  Criminal Justice Standards and Training Commission for parking

12  enforcement specialists but who does not otherwise meet the

13  uniform minimum standards established by the commission for

14  law enforcement officers or auxiliary or part-time officers

15  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

16  construed to permit the carrying of firearms or other weapons,

17  nor shall such parking enforcement specialist have arrest

18  authority.

19         (II)  A parking enforcement specialist employed by an

20  airport authority is authorized to enforce all state, county,

21  and municipal laws and ordinances governing parking only when

22  such violations are on property or facilities owned or

23  operated by the airport authority employing the specialist, by

24  appropriate state, county, or municipal traffic citation.

25         e.  The Office of Agricultural Law Enforcement of the

26  Department of Agriculture and Consumer Services shall have the

27  authority to enforce traffic laws of this state only as

28  authorized by the provisions of chapter 570. However, nothing

29  in this section shall expand the authority of the Office of

30  Agricultural Law Enforcement at its agricultural inspection

31  


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    CS for SB 1534                                 First Engrossed



  1  stations to issue any traffic tickets except those traffic

  2  tickets for vehicles illegally passing the inspection station.

  3         f.  School safety officers shall have the authority to

  4  enforce all of the traffic laws of this state when such

  5  violations occur on or about any property or facilities which

  6  are under the guidance, supervision, regulation, or control of

  7  the district school board.

  8         2.  An agency of the state as described in subparagraph

  9  1. is prohibited from establishing a traffic citation quota. A

10  violation of this subparagraph is not subject to the penalties

11  provided in chapter 318.

12         3.  Any disciplinary action taken or performance

13  evaluation conducted by an agency of the state as described in

14  subparagraph 1. of a law enforcement officer's traffic

15  enforcement activity must be in accordance with written

16  work-performance standards. Such standards must be approved by

17  the agency and any collective bargaining unit representing

18  such law enforcement officer. A violation of this subparagraph

19  is not subject to the penalties provided in chapter 318.

20         (b)1.  The Department of Transportation has authority

21  to enforce on all the streets and highways of this state all

22  laws applicable within its authority.

23         2.a.  The Department of Transportation shall develop

24  training and qualifications standards for toll enforcement

25  officers whose sole authority is to enforce the payment of

26  tolls pursuant to s. 316.1001. Nothing in this subparagraph

27  shall be construed to permit the carrying of firearms or other

28  weapons, nor shall a toll enforcement officer have arrest

29  authority.

30         b.  For the purpose of enforcing s. 316.1001,

31  governmental entities, as defined in s. 334.03, which own or


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    CS for SB 1534                                 First Engrossed



  1  operate a toll facility may employ independent contractors or

  2  designate employees as toll enforcement officers; however, any

  3  such toll enforcement officer must successfully meet the

  4  training and qualifications standards for toll enforcement

  5  officers established by the Department of Transportation.

  6         (2)  COUNTIES.--

  7         (a)  The sheriff's office of each of the several

  8  counties of this state shall enforce all of the traffic laws

  9  of this state on all the streets and highways thereof and

10  elsewhere throughout the county wherever the public has the

11  right to travel by motor vehicle.  In addition, the sheriff's

12  office may be required by the county to enforce the traffic

13  laws of this state on any private or limited access road or

14  roads over which the county has jurisdiction pursuant to a

15  written agreement entered into under s. 316.006(3)(b).

16         (b)  The sheriff's office of each county may employ as

17  a traffic crash investigation officer any individual who

18  successfully completes at least 200 hours of instruction in

19  traffic crash investigation and court presentation through the

20  Selective Traffic Enforcement Program (STEP) as approved by

21  the Criminal Justice Standards and Training Commission and

22  funded through the National Highway Traffic Safety

23  Administration (NHTSA) or a similar program approved by the

24  commission, but who does not necessarily otherwise meet the

25  uniform minimum standards established by the commission for

26  law enforcement officers or auxiliary law enforcement officers

27  under chapter 943. Any such traffic crash investigation

28  officer who makes an investigation at the scene of a traffic

29  crash may issue traffic citations when, based upon personal

30  investigation, he or she has reasonable and probable grounds

31  to believe that a person who was involved has committed an


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    CS for SB 1534                                 First Engrossed



  1  offense under this chapter in connection with the crash. This

  2  paragraph does not permit the carrying of firearms or other

  3  weapons, nor do such officers have arrest authority other than

  4  for the issuance of a traffic citation as authorized in this

  5  paragraph.

  6         (c)  The sheriff's office of each of the several

  7  counties of this state may employ as a parking enforcement

  8  specialist any individual who successfully completes a

  9  training program established and approved by the Criminal

10  Justice Standards and Training Commission for parking

11  enforcement specialists, but who does not necessarily

12  otherwise meet the uniform minimum standards established by

13  the commission for law enforcement officers or auxiliary or

14  part-time officers under s. 943.12.

15         1.  A parking enforcement specialist employed by the

16  sheriff's office of each of the several counties of this state

17  is authorized to enforce all state and county laws,

18  ordinances, regulations, and official signs governing parking

19  within the unincorporated areas of the county by appropriate

20  state or county citation and may issue such citations for

21  parking in violation of signs erected pursuant to s.

22  316.006(3) at parking areas located on property owned or

23  leased by a county, whether or not such areas are within the

24  boundaries of a chartered municipality.

25         2.  A parking enforcement specialist employed pursuant

26  to this subsection shall not carry firearms or other weapons

27  or have arrest authority.

28         (3)  MUNICIPALITIES.--

29         (a)  The police department of each chartered

30  municipality shall enforce the traffic laws of this state on

31  all the streets and highways thereof and elsewhere throughout


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    CS for SB 1534                                 First Engrossed



  1  the municipality wherever the public has the right to travel

  2  by motor vehicle.  In addition, the police department may be

  3  required by a municipality to enforce the traffic laws of this

  4  state on any private or limited access road or roads over

  5  which the municipality has jurisdiction pursuant to a written

  6  agreement entered into under s. 316.006(2)(b).  However,

  7  nothing in this chapter shall affect any law, general,

  8  special, or otherwise, in effect on January 1, 1972, relating

  9  to "hot pursuit" without the boundaries of the municipality.

10         (b)  The police department of a chartered municipality

11  may employ as a traffic crash investigation officer any

12  individual who successfully completes at least 200 hours of

13  instruction in traffic crash investigation and court

14  presentation through the Selective Traffic Enforcement Program

15  (STEP) as approved by the Criminal Justice Standards and

16  Training Commission and funded through the National Highway

17  Traffic Safety Administration (NHTSA) or a similar program

18  approved by the commission, but who does not otherwise meet

19  the uniform minimum standards established by the commission

20  for law enforcement officers or auxiliary law enforcement

21  officers under chapter 943. Any such traffic crash

22  investigation officer who makes an investigation at the scene

23  of a traffic crash is authorized to issue traffic citations

24  when, based upon personal investigation, he or she has

25  reasonable and probable grounds to believe that a person

26  involved has committed an offense under the provisions of this

27  chapter in connection with the crash. Nothing in this

28  paragraph shall be construed to permit the carrying of

29  firearms or other weapons, nor shall such officers have arrest

30  authority other than for the issuance of a traffic citation as

31  authorized above.


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  1         (c)1.  A chartered municipality or its authorized

  2  agency or instrumentality may employ as a parking enforcement

  3  specialist any individual who successfully completes a

  4  training program established and approved by the Criminal

  5  Justice Standards and Training Commission for parking

  6  enforcement specialists, but who does not otherwise meet the

  7  uniform minimum standards established by the commission for

  8  law enforcement officers or auxiliary or part-time officers

  9  under s. 943.12.

10         2.  A parking enforcement specialist employed by a

11  chartered municipality or its authorized agency or

12  instrumentality is authorized to enforce all state, county,

13  and municipal laws and ordinances governing parking within the

14  boundaries of the municipality employing the specialist, by

15  appropriate state, county, or municipal traffic citation.

16  Nothing in this paragraph shall be construed to permit the

17  carrying of firearms or other weapons, nor shall such a

18  parking enforcement specialist have arrest authority.

19         (4)(a)  Any sheriff's department, or any police

20  department of a municipality, may employ as a traffic control

21  officer any individual who successfully completes at least 8

22  hours of instruction in traffic control procedures through a

23  program approved by the Division of Criminal Justice Standards

24  and Training of the Department of Law Enforcement, or through

25  a similar program offered by the local sheriff's department or

26  police department, but who does not necessarily otherwise meet

27  the uniform minimum standards established by the Criminal

28  Justice Standards and Training Commission for law enforcement

29  officers or auxiliary law enforcement officers under s.

30  943.13. A traffic control officer employed pursuant to this

31  subsection may direct traffic or operate a traffic control


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    CS for SB 1534                                 First Engrossed



  1  device only at a fixed location and only upon the direction of

  2  a fully qualified law enforcement officer; however, it is not

  3  necessary that the traffic control officer's duties be

  4  performed under the immediate supervision of a fully qualified

  5  law enforcement officer.

  6         (b)  In the case of a special event or activity in

  7  relation to which a nongovernmental entity is paying for

  8  traffic control on public streets, highways, or roads, traffic

  9  control officers may be employed to perform such traffic

10  control responsibilities only when off-duty, full-time law

11  enforcement officers, as defined in s. 943.10(1), are

12  unavailable to perform those responsibilities. However, this

13  paragraph may not be construed to limit the use of traffic

14  infraction enforcement officers for traffic enforcement

15  purposes.

16         (c)  This subsection does not permit the carrying of

17  firearms or other weapons, nor do traffic control officers

18  have arrest authority.

19         (5)(a)  Any sheriff's department or police department

20  of a municipality may employ, as a traffic infraction

21  enforcement officer, any individual who successfully completes

22  at least 200 hours of instruction in traffic enforcement

23  procedures and court presentation through the Selective

24  Traffic Enforcement Program as approved by the Division of

25  Criminal Justice Standards and Training of the Department of

26  Law Enforcement, or through a similar program, but who does

27  not necessarily otherwise meet the uniform minimum standards

28  established by the Criminal Justice Standards and Training

29  Commission for law enforcement officers or auxiliary law

30  enforcement officers under s. 943.13.  Any such traffic

31  infraction enforcement officer who observes the commission of


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    CS for SB 1534                                 First Engrossed



  1  a traffic infraction or, in the case of a parking infraction,

  2  who observes an illegally parked vehicle may issue a traffic

  3  citation for the infraction when, based upon personal

  4  investigation, he or she has reasonable and probable grounds

  5  to believe that an offense has been committed which

  6  constitutes a noncriminal traffic infraction as defined in s.

  7  318.14.

  8         (b)  The traffic enforcement officer shall be employed

  9  in relationship to a selective traffic enforcement program at

10  a fixed location or as part of a crash investigation team at

11  the scene of a vehicle crash or in other types of traffic

12  infraction enforcement under the direction of a fully

13  qualified law enforcement officer; however, it is not

14  necessary that the traffic infraction enforcement officer's

15  duties be performed under the immediate supervision of a fully

16  qualified law enforcement officer.

17         (c)  This subsection does not permit the carrying of

18  firearms or other weapons, nor do traffic infraction

19  enforcement officers have arrest authority other than the

20  authority to issue a traffic citation as provided in this

21  subsection.

22         (6)  MOBILE HOME PARK RECREATION

23  DISTRICTS.--Notwithstanding subsection (2) or subsection (3),

24  the sheriff's office of each of the several counties of this

25  state and the police department of each chartered municipality

26  have authority, but are not required, to enforce the traffic

27  laws of this state on any way or place used for vehicular

28  traffic on a controlled access basis within a mobile home park

29  recreation district which has been created under s. 418.30 and

30  the recreational facilities of which district are open to the

31  general public.


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    CS for SB 1534                                 First Engrossed



  1         (7)  CONSTRUCTION OF CHAPTER 87-88, LAWS OF

  2  FLORIDA.--For purposes of traffic control and enforcement,

  3  nothing in chapter 87-88, Laws of Florida, shall be construed

  4  to classify any road which has been dedicated or impliedly

  5  dedicated for public use, and which has been constructed and

  6  is open to the use of the public for vehicular traffic, as a

  7  private road or driveway.

  8         (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or

  9  governmental entity designated in subsection (1), subsection

10  (2), or subsection (3), including a university, a community

11  college, a school board, or an airport authority, is a traffic

12  enforcement agency for purposes of s. 316.650.

13         Section 71.  Section 944.31, Florida Statutes, is

14  amended to read:

15         944.31  Inspector general; inspectors; power and

16  duties.--The inspector general shall be responsible for prison

17  inspection and investigation, internal affairs investigations,

18  and management reviews. The office of the inspector general

19  shall be charged with the duty of inspecting the penal and

20  correctional systems of the state. The office of the inspector

21  general shall inspect each prison correctional institution or

22  any place in which state prisoners are housed, worked, or kept

23  within the state, with reference to its physical conditions,

24  cleanliness, sanitation, safety, and comfort; the quality and

25  supply of all bedding; the quality, quantity, and diversity of

26  food served and the manner in which it is served; the number

27  and condition of the prisoners confined therein; and the

28  general conditions of each prison institution. The office of

29  inspector general shall see that all the rules and regulations

30  issued by the department are strictly observed and followed by

31  all persons connected with the correctional systems of the


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    CS for SB 1534                                 First Engrossed



  1  state.  The office of the inspector general shall coordinate

  2  and supervise the work of inspectors throughout the state. The

  3  inspector general and inspectors may enter any place where

  4  prisoners in this state are kept and shall be immediately

  5  admitted to such place as they desire and may consult and

  6  confer with any prisoner privately and without molestation.

  7  The inspector general and inspectors shall be responsible for

  8  criminal and administrative investigation of matters relating

  9  to the Department of Corrections. The secretary may designate

10  persons within the Office of the Inspector General as law

11  enforcement officers to conduct any criminal investigation

12  that occurs on property owned or leased by the department or

13  involves matters over which the department has jurisdiction. A

14  person designated as a law enforcement officer must be

15  certified pursuant to s. 943.1395 and must have a minimum of 3

16  years' experience as an inspector general investigator or as a

17  law enforcement officer. The department shall maintain a

18  memorandum of understanding with the Department of Law

19  Enforcement for the notification of and investigation of

20  mutually agreed-upon predicate events, which shall include,

21  but are not limited to, suspicious deaths and major organized

22  criminal activity. During In such investigations, the

23  inspector general and inspectors may consult and confer with

24  any prisoner or staff member privately and without

25  molestation, and persons designated as law enforcement

26  officers under this section shall have the authority to

27  conduct warrantless arrests of detain any person for

28  violations of the felony criminal laws of the state, as

29  enumerated in this chapter and chapter 893. A person

30  designated as a law enforcement officer under this section may

31  make arrests pursuant to a warrant, including arrests of


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    CS for SB 1534                                 First Engrossed



  1  offenders who have escaped or absconded from custody. Such

  2  detention shall be made only on properties owned or leased by

  3  the department, and The arrested detained person shall be

  4  surrendered without delay to the detention facility sheriff of

  5  the county in which the arrest detention is made, with a

  6  formal complaint subsequently made against her or him in

  7  accordance with law.

  8         Section 72.  If a prisoner in the custody of the

  9  Department of Corrections is diagnosed with hepatitis, the

10  department must notify the prisoner of the diagnosis.

11         Section 73.  Notwithstanding any other provision of

12  this act, the job titles of those persons currently employed

13  as correctional officers or as other correctional personnel

14  shall not be affected by this act.

15         Section 74.  This act shall take effect July 1, 2001.

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