House Bill hb0797
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Florida House of Representatives - 2002 HB 797
By Representative Allen
1 A bill to be entitled
2 An act relating to the Correctional
3 Privatization Commission; abolishing the
4 Correctional Privatization Commission;
5 transferring the powers, duties, personnel,
6 property, and unexpended balances of funds of
7 the Correctional Privatization Commission to
8 the Department of Corrections; repealing ch.
9 957, F.S., the Correctional Privatization
10 Commission Act; amending ss. 394.9151, 395.002,
11 408.036, 784.078, 943.053, 943.13, 943.133,
12 944.02, 944.023, 944.115, 944.17, 944.72,
13 944.8041, 945.215, 946.5025, 946.503, F.S.;
14 conforming provisions to changes made by the
15 act; repealing s. 944.7031, F.S., relating to
16 assistance for inmates released from private
17 correctional facilities; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Effective July 1, 2002, the Correctional
23 Privatization Commission, as created in chapter 957, Florida
24 Statutes, is abolished, and all powers, duties, functions,
25 rules, records, personnel, property, and unexpended balances
26 of appropriations, allocations, or other funds of the
27 Correctional Privatization Commission are transferred by a
28 type two transfer, as defined in section 20.06(2), Florida
29 Statutes, to the Department of Corrections.
30 Section 2. Chapter 957, Florida Statutes, consisting
31 of sections 957.01, 957.02, and 957.03, Florida Statutes;
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1 section 957.04, Florida Statutes, as amended by section 12 of
2 chapter 2001-242, Laws of Florida; sections 957.05 and 957.06,
3 Florida Statutes; section 957.07, Florida Statutes, as amended
4 by section 135 of chapter 2001-266, Laws of Florida; sections
5 957.08 and 957.09, Florida Statutes; section 957.11, Florida
6 Statutes, as amended by section 136 of chapter 2001-266, Laws
7 of Florida; and sections 957.12, 957.125, 957.13, 957.14,
8 957.15, and 957.16, Florida Statutes, is repealed.
9 Section 3. Section 394.9151, Florida Statutes, is
10 amended to read:
11 394.9151 Contract authority.--The Department of
12 Children and Family Services may contract with a private
13 entity or state agency for use of and operation of facilities
14 to comply with the requirements of this act. The Department of
15 Children and Family Services may also contract with the
16 Correctional Privatization Commission as defined in chapter
17 957 to issue a request for proposals and monitor contract
18 compliance for these services.
19 Section 4. Subsection (22) of section 395.002, Florida
20 Statutes, is amended to read:
21 395.002 Definitions.--As used in this chapter:
22 (22) "Mobile surgical facility" is a mobile facility
23 in which licensed health care professionals provide elective
24 surgical care under contract with the Department of
25 Corrections or a private correctional facility operating
26 pursuant to chapter 957 and in which inmate patients are
27 admitted to and discharged from said facility within the same
28 working day and are not permitted to stay overnight. However,
29 mobile surgical facilities may only provide health care
30 services only to the inmate patients of the Department of
31 Corrections, or inmate patients of a private correctional
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1 facility operating pursuant to chapter 957, and not to the
2 general public.
3 Section 5. Paragraph (j) of subsection (3) of section
4 408.036, Florida Statutes, is amended to read:
5 408.036 Projects subject to review.--
6 (3) EXEMPTIONS.--Upon request, the following projects
7 are subject to exemption from the provisions of subsection
8 (1):
9 (j) For mobile surgical facilities and related health
10 care services provided under contract with the Department of
11 Corrections or a private correctional facility operating
12 pursuant to chapter 957.
13 Section 6. Subsection (1) of section 784.078, Florida
14 Statutes, is amended to read:
15 784.078 Battery of facility employee by throwing,
16 tossing, or expelling certain fluids or materials.--
17 (1) As used in this section, the term "facility" means
18 a state correctional institution defined in s. 944.02(6); a
19 private correctional facility defined in s. 944.710 or under
20 chapter 957; a county, municipal, or regional jail or other
21 detention facility of local government under chapter 950 or
22 chapter 951; or a secure facility operated and maintained by
23 the Department of Corrections or the Department of Juvenile
24 Justice.
25 Section 7. Subsection (8) of section 943.053, Florida
26 Statutes, is amended to read:
27 943.053 Dissemination of criminal justice information;
28 fees.--
29 (8) Notwithstanding the provisions of s. 943.0525, and
30 any user agreements adopted pursuant thereto, and
31 notwithstanding the confidentiality of sealed records as
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1 provided for in s. 943.059, the Department of Corrections
2 shall provide, in a timely manner, copies of the Florida
3 criminal history records for inmates housed in a private state
4 correctional facility to the private entity under contract to
5 operate the facility pursuant to the provisions of s. 944.105
6 or s. 957.03. The department may assess a charge for the
7 Florida criminal history records pursuant to the provisions of
8 chapter 119. Sealed records received by the private entity
9 under this section remain confidential and exempt from the
10 provisions of s. 119.07(1).
11 Section 8. Section 943.13, Florida Statutes, is
12 amended to read:
13 943.13 Officers' minimum qualifications for employment
14 or appointment.--On or after October 1, 1984, any person
15 employed or appointed as a full-time, part-time, or auxiliary
16 law enforcement officer or correctional officer; on or after
17 October 1, 1986, any person employed as a full-time,
18 part-time, or auxiliary correctional probation officer; and on
19 or after October 1, 1986, any person employed as a full-time,
20 part-time, or auxiliary correctional officer by a private
21 entity under contract to the Department of Corrections or, to
22 a county commission must, or to the Correctional Privatization
23 Commission shall:
24 (1) Be at least 19 years of age.
25 (2) Be a citizen of the United States, notwithstanding
26 any law of the state to the contrary.
27 (3) Be a high school graduate or its "equivalent" as
28 the commission has defined the term by rule.
29 (4) Not have been convicted of any felony or of a
30 misdemeanor involving perjury or a false statement, or have
31 received a dishonorable discharge from any of the Armed Forces
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1 of the United States. Any person who, after July 1, 1981,
2 pleads guilty or nolo contendere to or is found guilty of any
3 felony or of a misdemeanor involving perjury or a false
4 statement is not eligible for employment or appointment as an
5 officer, notwithstanding suspension of sentence or withholding
6 of adjudication. Notwithstanding this subsection, any person
7 who has pled nolo contendere to a misdemeanor involving a
8 false statement, prior to December 1, 1985, and has had such
9 record sealed or expunged shall not be deemed ineligible for
10 employment or appointment as an officer.
11 (5) Have documentation of his or her processed
12 fingerprints on file with the employing agency or, if a
13 private correctional officer, have documentation of his or her
14 processed fingerprints on file with the Department of
15 Corrections or the Criminal Justice Standards and Training
16 Commission. If administrative delays are caused by the
17 department or the Federal Bureau of Investigation and the
18 person has complied with subsections (1)-(4) and (6)-(9), he
19 or she may be employed or appointed for a period not to exceed
20 1 calendar year from the date he or she was employed or
21 appointed or until return of the processed fingerprints
22 documenting noncompliance with subsections (1)-(4) or
23 subsection (7), whichever occurs first.
24 (6) Have passed a physical examination by a licensed
25 physician, based on specifications established by the
26 commission.
27 (7) Have a good moral character as determined by a
28 background investigation under procedures established by the
29 commission.
30 (8) Execute and submit to the employing agency or, if
31 a private correctional officer, submit to the appropriate
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1 governmental entity an affidavit-of-applicant form, adopted by
2 the commission, attesting to his or her compliance with
3 subsections (1)-(7). The affidavit shall be executed under
4 oath and constitutes an official statement within the purview
5 of s. 837.06. The affidavit shall include conspicuous language
6 that the intentional false execution of the affidavit
7 constitutes a misdemeanor of the second degree. The affidavit
8 shall be retained by the employing agency.
9 (9) Complete a commission-approved basic recruit
10 training program for the applicable criminal justice
11 discipline, unless exempt under this subsection. An applicant
12 who has:
13 (a) Completed a comparable basic recruit training
14 program for the applicable criminal justice discipline in
15 another state or for the Federal Government; and
16 (b) Served as a full-time sworn officer in another
17 state or for the Federal Government for at least one year
18
19 is exempt in accordance with s. 943.131(2) from completing the
20 commission-approved basic recruit training program.
21 (10) Achieve an acceptable score on the officer
22 certification examination for the applicable criminal justice
23 discipline.
24 (11) Comply with the continuing training or education
25 requirements of s. 943.135.
26 Section 9. Subsection (4) of section 943.133, Florida
27 Statutes, is amended to read:
28 943.133 Responsibilities of employing agency,
29 commission, and program with respect to compliance with
30 employment qualifications and the conduct of background
31 investigations; injunctive relief.--
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1 (4) When the employing agency is a private entity
2 under contract to the county or the state pursuant to s.
3 944.105 or, s. 951.062, or chapter 957, the contracting agency
4 shall be responsible for meeting the requirements of
5 subsections (1), (2), and (3).
6 Section 10. Subsection (4) of section 944.02, Florida
7 Statutes, is amended to read:
8 944.02 Definitions.--The following words and phrases
9 used in this chapter shall, unless the context clearly
10 indicates otherwise, have the following meanings:
11 (4) "Elderly offender" means a prisoner age 50 or
12 older in a state correctional institution or facility operated
13 by the Department of Corrections or the Correctional
14 Privatization Commission.
15 Section 11. Paragraph (b) of subsection (1) of section
16 944.023, Florida Statutes, is amended to read:
17 944.023 Comprehensive correctional master plan.--
18 (1) As used in this section, the term:
19 (b) "Total capacity" of the state correctional system
20 means the total design capacity of all institutions and
21 facilities in the state correctional system, which may include
22 those facilities authorized and funded under chapter 957,
23 increased by one-half, with the following exceptions:
24 1. Medical and mental health beds must remain at
25 design capacity.
26 2. Community-based contracted beds must remain at
27 design capacity.
28 3. The one-inmate-per-cell requirement at Florida
29 State Prison and other maximum security facilities must be
30 maintained pursuant to paragraph (7)(a).
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1 4. Community correctional centers and drug treatment
2 centers must be increased by one-third.
3 5. A housing unit may not exceed its maximum capacity
4 pursuant to paragraphs (7)(a) and (b).
5 6. A number of beds equal to 5 percent of total
6 capacity shall be deducted for management beds at
7 institutions.
8 Section 12. Subsection (1) and paragraphs (b) and (c)
9 of subsection (2) of section 944.115, Florida Statutes, are
10 amended to read:
11 944.115 Smoking prohibited inside state correctional
12 facilities.--
13 (1) The purpose of this section is to protect the
14 health, comfort, and environment of employees of the
15 Department of Corrections, employees of privately operated
16 correctional facilities, employees of the Correctional
17 Privatization Commission, and inmates by prohibiting inmates
18 from using tobacco products inside any office or building
19 within state correctional facilities, and by ensuring that
20 employees and visitors do not use tobacco products inside any
21 office or building within state correctional facilities.
22 Scientific evidence links the use of tobacco products with
23 numerous significant health risks. The use of tobacco products
24 by inmates, employees, or visitors is contrary to efforts by
25 the Department of Corrections to reduce the cost of inmate
26 health care and to limit unnecessary litigation. The
27 Department of Corrections and the private vendors operating
28 correctional facilities shall make smoking-cessation
29 assistance available to inmates in order to implement this
30 section. The Department of Corrections and the private vendors
31 operating correctional facilities shall implement this section
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1 as soon as possible, and all provisions of this section must
2 be fully implemented by January 1, 2000.
3 (2) As used in this section, the term:
4 (b) "Employee" means an employee of the department or
5 a private vendor in a contractual relationship with either the
6 Department of Corrections or the Correctional Privatization
7 Commission, and includes persons such as contractors,
8 volunteers, or law enforcement officers who are within a state
9 correctional facility to perform a professional service.
10 (c) "State correctional facility" means a state or
11 privately operated correctional institution as defined in s.
12 944.02, or a correctional institution or facility operated
13 under s. 944.105 or chapter 957.
14 Section 13. Paragraph (b) of subsection (3) of section
15 944.17, Florida Statutes, is amended to read:
16 944.17 Commitments and classification; transfers.--
17 (3)
18 (b) Notwithstanding paragraph (a), any prisoner
19 incarcerated in the state correctional system or private
20 correctional facility operated pursuant to chapter 957 who is
21 convicted in circuit or county court of a crime committed
22 during that incarceration shall serve the sentence imposed for
23 that crime within the state correctional system regardless of
24 the length of sentence or classification of the offense.
25 Section 14. Section 944.7031, Florida Statutes, as
26 created by section 8 of chapter 2001-110, Laws of Florida, is
27 repealed.
28 Section 15. Subsection (1) of section 944.72, Florida
29 Statutes, is amended to read:
30 944.72 Privately Operated Institutions Inmate Welfare
31 Trust Fund.--
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1 (1) There is hereby created in the Department of
2 Corrections the Privately Operated Institutions Inmate Welfare
3 Trust Fund. The purpose of the trust fund shall be the benefit
4 and welfare of inmates incarcerated in private correctional
5 facilities under contract with the department pursuant to
6 chapter 944 or the Correctional Privatization Commission
7 pursuant to chapter 957. Moneys shall be deposited in the
8 trust fund and expenditures made from the trust fund as
9 provided in s. 945.215.
10 Section 16. Section 944.8041, Florida Statutes, is
11 amended to read:
12 944.8041 Elderly offenders; annual review.--For the
13 purpose of providing information to the Legislature on elderly
14 offenders within the correctional system, the Florida
15 Corrections Commission and the Correctional Medical Authority
16 shall each submit annually a report on the status and
17 treatment of elderly offenders in the state-administered and
18 private state correctional systems, as well as such
19 information on the River Junction Correctional Institution.
20 In order to adequately prepare the reports, the Department of
21 Corrections and the Correctional Privatization Commission
22 shall grant access to the Florida Corrections Commission and
23 the Correctional Medical Authority which includes access to
24 the facilities, offenders, and any information the agencies
25 require to complete their reports. The review shall also
26 include an examination of promising geriatric policies,
27 practices, and programs currently implemented in other
28 correctional systems within the United States. The reports,
29 with specific findings and recommendations for implementation,
30 shall be submitted to the President of the Senate and the
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1 Speaker of the House of Representatives on or before December
2 31 of each year.
3 Section 17. Paragraphs (a) and (c) of subsection (2)
4 of section 945.215, Florida Statutes, are amended to read:
5 945.215 Inmate welfare and employee benefit trust
6 funds.--
7 (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE
8 TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--
9 (a) For purposes of this subsection, privately
10 operated institutions or private correctional facilities are
11 those correctional facilities under contract with the
12 department pursuant to chapter 944 or the Correctional
13 Privatization Commission pursuant to chapter 957.
14 (c) The Correctional Privatization Commission shall
15 annually compile a report that documents Privately Operated
16 Institutions Inmate Welfare Trust Fund receipts and
17 expenditures at each private correctional facility. This
18 report must specifically identify receipt sources and
19 expenditures. The Correctional Privatization Commission shall
20 compile this report for the prior fiscal year and shall submit
21 the report by September 1 of each year to the chairs of the
22 appropriate substantive and fiscal committees of the Senate
23 and House of Representatives and to the Executive Office of
24 the Governor.
25 Section 18. Section 946.5025, Florida Statutes, is
26 amended to read:
27 946.5025 Authorization of corporation to enter into
28 contracts.--The corporation established under this part may
29 enter into contracts to operate correctional work programs
30 with any county or municipal authority that operates a
31 correctional facility or with a contractor authorized under
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1 chapter 944 or chapter 957 to operate a private correctional
2 facility. The corporation has the same powers, privileges, and
3 immunities in carrying out such contracts as it has under this
4 chapter.
5 Section 19. Subsection (6) of section 946.503, Florida
6 Statutes, is amended to read:
7 946.503 Definitions to be used with respect to
8 correctional work programs.--As used in this part, the term:
9 (6) "Private correctional facility" means a facility
10 authorized by chapter 944 or chapter 957.
11 Section 20. This act shall take effect July 1, 2002.
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14 SENATE SUMMARY
15 Abolishes the Correctional Privatization Commission and
transfers the duties, personnel, and unexpended balances
16 of funds of the Correctional Privatization Commission to
the Department of Corrections.
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