HB 0003D, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to corrections; amending s. 216.262, F.S.;
3	providing the Department of Corrections a mechanism for
4	additional positions and operational funds if the inmate
5	population of the department exceeds the projections of
6	the July 9, 2003, Criminal Justice Estimating Conference;
7	amending s. 216.292, F.S.; permitting the Governor to
8	initiate prison construction under certain circumstances;
9	requiring review and approval by the Legislative Budget
10	Commission; providing the Department of Corrections
11	additional operations and fixed capital outlay
12	appropriations for fiscal year 2003-2004 and specifying
13	the purposes of the operations appropriations; providing
14	for waiver of certain competitive bid and procurement
15	requirements for specified projects under certain
16	circumstances; requiring a report under certain
17	circumstances; authorizing the Department of Corrections
18	to contract for the construction of an annex at the Santa
19	Rosa Correctional Institution; providing for the reversion
20	of certain funds appropriated in the 2003-2004 General
21	Appropriations Act; providing for construction of the act
22	in pari materia with laws enacted during the 2003 Regular
23	Session or a 2003 special session of the Legislature;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Subsection (4) of section 216.262, Florida
29	Statutes, as amended by section 35 of chapter 2003-399, Laws of
30	Florida, is amended to read:
31	216.262 Authorized positions.--
32	(4) Notwithstanding the provisions of this chapter on
33	increasing the number of authorized positions, and for the 2003-
34	2004 fiscal year only, if the actual inmate population of the
35	Department of Corrections exceeds by 2 percent for 2 consecutive
36	months or more the inmate population projections of the July 9,
37	2003, projected by the most recentCriminal Justice Estimating
38	Conference by 1 percent for 2 consecutive months or 2 percent
39	for any month, the Executive Office of the Governor shall
40	immediately notify the Criminal Justice Estimating Conference,
41	which shall convene as soon as possible to revise the estimates.
42	The Department of Corrections, with the approval of the
43	Legislative Budget Commission, may then submit a budget
44	amendment requesting the establishment of requestpositions in
45	excess of the number authorized by the Legislature and
46	additional appropriations sufficient funding from the General
47	Revenue Fund or the Working number authorized by the Legislature
48	and sufficient funding from the Working Capital Fund sufficient
49	to provide for essential staff and other resources to provide
50	classification, security, food services, health services, and
51	other variable expenses within the institutions to operate the
52	additional prison bed capacity necessary to accommodate the
53	estimated increase in the actual inmate population. All actions
54	taken pursuant to the authority granted in this subsection shall
55	be subject to review and approval by the Legislative Budget
56	Commission.This subsection expires July 1, 2004.
57	Section 2. Paragraph (f) is added to subsection (5) of
58	section 216.292, Florida Statutes, to read:
59	216.292 Appropriations nontransferable; exceptions.--
60	(5)
61	(f) Notwithstanding paragraph (d), the Governor may
62	approve the initiation of fixed capital outlay projects within
63	the Department of Corrections to increase the number of prison
64	beds sufficient to meet the demand that he or she certifies is
65	associated with any revised projection of inmate population
66	adopted by the Criminal Justice Estimating Conference pursuant
67	to s. 216.262(4). The Governor may request additional
68	appropriations from the General Revenue Fund or the Working
69	Capital Fund as necessary to fund any fixed capital outlay
70	projects initiated pursuant to the authority granted by this
71	paragraph. All actions taken pursuant to the authority granted
72	in this paragraph shall be subject to review and approval by the
73	Legislative Budget Commission. This paragraph expires March 8,
74	2004.
75	Section 3. (1) The following moneys and full-time
76	equivalent (FTE) positions are appropriated to the Department of
77	Corrections for fiscal year 2003-2004:
78	(a) The sum of $17,519,607 from the General Revenue Fund
79	and 512 FTEs for salaries and benefits.
80	(b) The sum of $5,341,956 from the General Revenue Fund
81	for expenses.
82	(c) The sum of $423,117 from the General Revenue Fund for
83	operating capital outlay.
84	(d) The sum of $1,774,790 from the General Revenue Fund
85	for food products.
86	(e) The sum of $48,871 from the General Revenue Fund for
87	food service and production.
88	(f) The sum of $445,842 from the General Revenue Fund for
89	salary incentive payments.
90	(g) The sum of $4,696,278 from the General Revenue Fund
91	for inmate health services.
92	(h) The sum of $1,269,720 from the General Revenue Fund
93	for fixed capital outlay for the reopening of the Hendry
94	Correctional Institution.
95	(i) The sums of $10,000,000 from the General Revenue Fund
96	and $17,545,694 from the Grants and Donations Trust Fund for
97	fixed capital outlay for a new 1,380-bed annex at the Santa Rosa
98	Correctional Institution.
99	(j) The sum of $4,811,856 from the General Revenue Fund
100	for fixed capital outlay for 14 new 131-bed, open-bay
101	dormitories.
102	(k) The sum of $2,000,000 from the General Revenue Fund
103	for fixed capital outlay for planning and permitting for a new
104	1,380-bed annex at the Washington Correctional Institution.
105	(2) Operating appropriations provided in subsection (1)
106	are for the following purposes:
107	(a) Increasing staff and other resources necessary to
108	provide supervision and classification to a total of 82,281
109	inmates.
110	(b) Increasing resources for food services, health
111	services, utilities, and other variable expenses for an average
112	daily population of 79,521 inmates.
113	(c) Providing for operational support staff and other
114	resources to reopen the Hendry Correctional Institution and the
115	South Florida Reception Center.
116	Section 4. Notwithstanding the requirements of s.
117	287.057(5)(a), Florida Statutes, the competitive bid and
118	procurement requirements of ss. 255.0525(1), 255.29(2) and (3),
119	287.055(3), (4), (5), and (9), and 287.057(1)(a), Florida
120	Statutes, are waived for the Department of Corrections to
121	expedite the construction of the Santa Rosa Correctional
122	Institution annex and the 14 new 131-bed, open-bay dormitories
123	and the improvements to the Hendry Correctional Institution that
124	are authorized in section 3 of this act if determined necessary
125	by the Secretary of Corrections in order to ensure that adequate
126	space is available to house the projected increase in the inmate
127	population.
128	Section 5. If the Secretary of Corrections determines that
129	waiver of the provisions of the competitive bid and procurement
130	requirements as authorized in section 4 of this act is
131	necessary, he or she must provide a report to the Governor, the
132	President of the Senate, and the Speaker of the House of
133	Representatives describing the process followed by the
134	department in any instance in which procurement activities were
135	undertaken pursuant to this authority. The report must identify
136	all vendors asked to submit proposals, a summary of each
137	proposal submitted, pricing information submitted by each
138	vendor, and justification of the agency's final decision.
139	Section 6. Consistent with the provisions of s. 216.311,
140	Florida Statutes, the Department of Corrections is authorized to
141	contract for the construction of the new 1,380-bed annex at the
142	Santa Rosa Correctional Institution for which the initial
143	appropriation is made in section 3 of this act. The total
144	multiyear contract price may not exceed $48,795,000.
145	Section 7. Of the moneys appropriated from the Grants and
146	Donations Trust Fund of the Department of Corrections in
147	Specific Appropriation 660A of the 2003-2004 General
148	Appropriations Act, $8,621,040 shall revert to that trust fund.
149	Section 8. If any law amended by this act was also amended
150	by a law enacted at the 2003 Regular Session or a 2003 special
151	session of the Legislature, such laws shall be construed as if
152	they had been enacted at the same session of the Legislature,
153	and full effect shall be given to each if possible.
154	Section 9. This act shall take effect upon becoming a law.