SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
CHAMBER ACTION
Senate House
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11 The Committee on Appropriations recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 4, between lines 16 and 17,
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17 insert:
18 Section 7. Subsection (5) of section 944.516, Florida
19 Statutes, is amended to read:
20 944.516 Money or other property received for personal
21 use or benefit of inmate; deposit; disposition of unclaimed
22 trust funds.--The Department of Corrections shall protect the
23 financial interest of the state with respect to claims which
24 the state may have against inmates in state institutions under
25 its supervision and control and shall administer money and
26 other property received for the personal benefit of such
27 inmates. In carrying out the provisions of this section, the
28 department may delegate any of its enumerated powers and
29 duties affecting inmates of an institution to the warden or
30 regional director who shall personally, or through designated
31 employees of his or her personal staff under his or her direct
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SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
1 supervision, exercise such powers or perform such duties.
2 unclaimed funds held by fiduciaries.
3 (5) When an inmate is transferred between department
4 facilities, is released from the custody of the department,
5 dies, or escapes during incarceration, and the inmate has an
6 unexpended inmate trust fund account balance of less than $1,
7 that balance shall be transferred to the General Revenue
8 Inmate Welfare Trust Fund.
9 Section 8. Subsection (2) of section 944.803, Florida
10 Statutes, is amended to read:
11 944.803 Faith-based programs for inmates.--
12 (2) It is the intent of the Legislature that the
13 Department of Corrections and the private vendors operating
14 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 annual appropriations, in
24 department facilities, and through inmate welfare trust funds
25 pursuant to s. 945.215, in private facilities, an adequate
26 number of chaplains and support staff to operate faith-based
27 programs in correctional institutions.
28 Section 9. Paragraph (a) of subsection (8) of section
29 945.091, Florida Statutes, is amended to read:
30 945.091 Extension of the limits of confinement;
31 restitution by employed inmates.--
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SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
1 (8)(a) The department is authorized to levy fines only
2 through disciplinary reports and only against inmates placed
3 on extended limits of confinement. Major and minor
4 infractions and their respective punishments for inmates
5 placed on extended limits of confinement shall be defined by
6 the rules of the department, provided that any fine shall not
7 exceed $50 for each infraction deemed to be minor and $100 for
8 each infraction deemed to be major. Such fines shall be
9 deposited in the General Revenue Inmate Welfare Trust Fund,
10 and a receipt shall be given to the inmate.
11 Section 10. Subsection (1) of section 945.215, Florida
12 Statutes, is amended to read:
13 945.215 Inmate welfare and employee benefit trust
14 funds.--
15 (1) INMATE PURCHASES WELFARE TRUST FUND; DEPARTMENT OF
16 CORRECTIONS.--
17 (a) From the Inmate Welfare Trust Fund constitutes a
18 trust held by the department for the benefit and welfare of
19 inmates incarcerated in correctional facilities operated
20 directly by the department and for visitation and family
21 programs and services in such correctional facilities. Funds
22 shall be credited to the trust fund as follows:
23 1. All funds held in any auxiliary, canteen, welfare,
24 or similar fund in any correctional facility operated directly
25 by the department.
26 2. All net proceeds from operating inmate canteens,
27 vending machines used primarily by inmates and visitors, hobby
28 shops, and other such facilities must be deposited in the
29 General Revenue Fund; however, funds necessary to purchase
30 items for resale at inmate canteens and vending machines must
31 be deposited into local bank accounts designated by the
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Bill No. SB 954
Amendment No. 2 Barcode 452782
1 department.
2 (b)3. All proceeds from contracted telephone
3 commissions must be deposited in the General Revenue Fund. The
4 department shall develop and update, as necessary,
5 administrative procedures to verify that:
6 a. Contracted telephone companies accurately record
7 and report all telephone calls made by inmates incarcerated in
8 correctional facilities under the department's jurisdiction;
9 b. Persons who accept collect calls from inmates are
10 charged the contracted rate; and
11 c. The department receives the contracted telephone
12 commissions.
13 (c)4. Any funds that may be assigned by inmates or
14 donated to the department by the general public or an inmate
15 service organization must be deposited in the General Revenue
16 Fund; however, the department shall not accept any donation
17 from, or on behalf of, any individual inmate.
18 (d)5. All proceeds from the following sources must be
19 deposited in the General Revenue Fund:
20 a. The confiscation and liquidation of any contraband
21 found upon, or in the possession of, any inmate;
22 b. Disciplinary fines imposed against inmates;
23 c. Forfeitures of inmate earnings; and
24 d. Unexpended balances in individual inmate trust fund
25 accounts of less than $1.
26 6. All interest earnings and other proceeds derived
27 from investments of funds deposited in the trust fund. In the
28 manner authorized by law for fiduciaries, the secretary of the
29 department, or the secretary's designee, may invest any funds
30 in the trust fund when it is determined that such funds are
31 not needed for immediate use.
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SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
1 (b) Funds in the Inmate Welfare Trust Fund must be
2 used exclusively for the following purposes at correctional
3 facilities operated directly by the department:
4 1. To operate inmate canteens and vending machines,
5 including purchasing items for resale at inmate canteens and
6 vending machines; employing personnel and inmates to manage,
7 supervise, and operate inmate canteens and vending machines;
8 and covering other operating and fixed capital outlay expenses
9 associated with operating inmate canteens and vending
10 machines;
11 2. To employ personnel to manage and supervise the
12 proceeds from telephone commissions;
13 3. To develop, implement, and maintain the medical
14 copayment accounting system;
15 4. To provide literacy programs, vocational training
16 programs, and educational programs that comply with standards
17 of the Department of Education, including employing personnel
18 and covering other operating and fixed capital outlay expenses
19 associated with providing such programs;
20 5. To operate inmate chapels, faith-based programs,
21 visiting pavilions, visiting services and programs, family
22 services and programs, libraries, and law libraries, including
23 employing personnel and covering other operating and fixed
24 capital outlay expenses associated with operating inmate
25 chapels, faith-based programs, visiting pavilions, visiting
26 services and programs, family services and programs,
27 libraries, and law libraries;
28 6. To provide for expenses associated with various
29 inmate clubs;
30 7. To provide for expenses associated with legal
31 services for inmates;
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Amendment No. 2 Barcode 452782
1 8. To provide inmate substance abuse treatment
2 programs and transition and life skills training programs,
3 including employing personnel and covering other operating and
4 fixed capital outlay expenses associated with providing such
5 programs;
6 9. To provide for the purchase, rental, maintenance,
7 and repair of electronic or audiovisual equipment, unless
8 otherwise prohibited by this chapter; and
9 10. To provide for the purchase, rental, maintenance,
10 and repair of wellness equipment, unless otherwise prohibited
11 by this chapter.
12 (c) The Legislature shall annually appropriate the
13 funds deposited in the Inmate Welfare Trust Fund. It is the
14 intent of the Legislature that total annual expenditures for
15 providing literacy programs, vocational training programs, and
16 educational programs exceed the combined total annual
17 expenditures for operating inmate chapels, faith-based
18 programs, visiting pavilions, visiting services and programs,
19 family services and programs, libraries, and law libraries,
20 covering expenses associated with inmate clubs, and providing
21 inmate substance abuse treatment programs and transition and
22 life skills training programs.
23 (d) Funds in the Inmate Welfare Trust Fund or any
24 other fund may not be used to purchase weight-training
25 equipment, to purchase cable-television service for recreation
26 purposes, or to rent or purchase videocassettes, videocassette
27 recorders, or other audiovisual or electronic media or
28 equipment used primarily for recreation purposes. This
29 paragraph does not preclude the purchase or rental of
30 electronic or audiovisual equipment or services for inmate
31 training or educational programs.
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SENATE AMENDMENT
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1 (e) Items for resale at inmate canteens and vending
2 machines maintained at the correctional facilities shall be
3 priced comparatively with like items for retail sale at fair
4 market prices.
5 (f) Notwithstanding any other provision of law,
6 inmates with sufficient balances in their individual inmate
7 bank trust fund accounts, after all debts against the account
8 are satisfied, shall be allowed to request a weekly draw of up
9 to an amount set by the Secretary of Corrections, not to
10 exceed $100, to be expended for personal use on canteen and
11 vending machine items.
12 (g) The department shall annually compile a report
13 that specifically documents Inmate Welfare Trust Fund receipts
14 and expenditures. This report shall be compiled at both the
15 statewide and institutional levels. The department must submit
16 this report for the previous fiscal year by September 1 of
17 each year to the chairs of the appropriate substantive and
18 fiscal committees of the Senate and the House of
19 Representatives and to the Executive Office of the Governor.
20 Section 11. Section 945.21502, Florida Statutes, is
21 repealed.
22 Section 12. Paragraph (c) of subsection (3) of section
23 945.6037, Florida Statutes, is amended to read:
24 945.6037 Nonemergency health care; inmate
25 copayments.--
26 (3)
27 (c) The expenses and operating capital outlay required
28 to develop, implement, and maintain the medical copayment
29 accounting system must be appropriated by the Legislature from
30 the Inmate Welfare Trust Fund. The fiscal assistants and
31 accountants at the correctional facilities funded from the
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SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
1 Inmate Welfare Trust Fund are, in addition to their duties
2 relating to the inmate canteen and bank, responsible for
3 managing the medical copayment system.
4 Section 13. Paragraph (a) of subsection (6) of section
5 958.09, Florida Statutes, is amended to read:
6 958.09 Extension of limits of confinement.--
7 (6)(a) The department is authorized to levy fines only
8 through disciplinary reports and only against inmates placed
9 on extended limits of confinement. Major and minor
10 infractions and their respective punishments for inmates
11 placed on extended limits of confinement shall be defined by
12 the rules of the department, except that any fine shall not
13 exceed $50 for each infraction deemed to be minor and $100 for
14 each infraction deemed to be major. Such fines shall be
15 deposited in the General Revenue Inmate Welfare Trust Fund,
16 and a receipt shall be given to the inmate.
17 Section 14. Chapter 2002-123, Laws of Florida, which
18 recreates the Inmate Welfare Trust Fund effective November 4,
19 2004, is repealed.
20 Section 15. Section 320.08046, Florida Statutes, is
21 amended to read:
22 320.08046 Surcharge on license tax; General Revenue
23 Fund.--There is levied on each license tax imposed under s.
24 320.08, except those set forth in s. 320.08(11), a surcharge
25 in the amount of $1, which shall be collected in the same
26 manner as the license tax. Of the proceeds of the license tax
27 surcharge, 58 40 percent shall be deposited into the General
28 Revenue Fund and, 42 percent shall be deposited into the
29 Grants and Donations Trust Fund in the Department of Juvenile
30 Justice to fund the community juvenile justice partnership
31 grants program, and 18 percent shall be deposited into the
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SENATE AMENDMENT
Bill No. SB 954
Amendment No. 2 Barcode 452782
1 Florida Motor Vehicle Theft Prevention Trust Fund to fund
2 motor vehicle theft prevention programs pursuant to s.
3 860.158.
4 Section 16. Paragraph (e) of subsection (13) of
5 section 713.78, Florida Statutes, is amended to read:
6 713.78 Liens for recovering, towing, or storing
7 vehicles and vessels.--
8 (13)
9 (e) When a wrecker operator files a notice of wrecker
10 operator's lien under this subsection, the department shall
11 charge the wrecker operator a fee of $2, which shall be
12 deposited into the General Revenue Florida Motor Vehicle Theft
13 Prevention Trust Fund established under s. 860.158. A service
14 charge of $2.50 shall be collected and retained by the tax
15 collector who processes a notice of wrecker operator's lien.
16 Section 17. Present subsection (3) of section 860.153,
17 Florida Statutes, is repealed and present subsection (4) of
18 that section is redesignated as subsection (3).
19 Section 18. Section 860.158, Florida Statutes, as
20 amended by chapter 2002-402, Laws of Florida, is amended to
21 read:
22 860.158 Florida Motor Vehicle Theft Prevention
23 Authority Expenditures Trust Fund.--(1) There is hereby
24 established within the Department of Legal Affairs the Florida
25 Motor Vehicle Theft Prevention Trust Fund, which shall be
26 administered by the executive director of the authority at the
27 direction of the board. All interest earned from the
28 investment or deposit of moneys accumulated in the trust fund
29 shall be deposited in the trust fund. The trust fund shall be
30 funded from the surcharge collected under s. 320.08046.
31 (2)(a) Money appropriated to the authorityin the trust
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1 fund shall be expended as follows:
2 (1)1. To pay the authority's cost to administer the
3 board and the trust fund.
4 (2)2. To achieve the purposes and objectives of this
5 act, which may include, but not be limited to, the following:
6 (a)a. To provide financial support to law enforcement
7 and correctional agencies, prosecutors, and the judiciary for
8 programs designed to reduce motor vehicle theft and to improve
9 the administration of motor vehicle theft laws.
10 (b)b. To provide financial support for federal and
11 state agencies, units of local government, corporations, and
12 neighborhood, community, or business organizations for
13 programs designed to reduce motor vehicle theft and to improve
14 the administration of motor vehicle theft laws.
15 (c)c. To provide financial support to conduct programs
16 designed to inform owners of motor vehicles about the
17 financial and social cost of motor vehicle theft and to
18 suggest to those owners methods for preventing motor vehicle
19 theft.
20 (d)d. To provide financial support for plans,
21 programs, and projects consistent with the purposes of this
22 act.
23 (b) For the 2002-2003 fiscal year only, and
24 notwithstanding s. 320.08046, the use of funds allocated to
25 the Florida Motor Vehicle Theft Prevention Trust Fund may also
26 be as provided in the General Appropriations Act. This
27 paragraph expires July 1, 2003.
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29 (Redesignate subsequent sections.)
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Amendment No. 2 Barcode 452782
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 19, after the semicolon,
4
5 insert:
6 repealing s. 945.21502, F.S.; repealing the
7 Inmate Welfare Trust Fund in the Department of
8 Corrections; amending ss. 944.516, 944.803,
9 945.091, 945.215, 945.6037, F.S., to conform;
10 providing for revenues of the Inmate Welfare
11 Trust Fund to be deposited in the general
12 Revenue Fund; repealing ch. 2002-123, Laws of
13 Florida; repealing the future recreation of the
14 Inmate Welfare Trust Fund; amending s. 860.158,
15 F.S.; repealing the Florida Motor Vehicle Theft
16 Prevention Trust Fund in the Department of
17 Legal Affairs; amending ss. 320.08046, 713.78,
18 F.S., to conform; providing for revenues of the
19 fund to be deposited in the General Revenue
20 Fund;
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