SENATE AMENDMENT
    Bill No. HB 1875
    Amendment No. ___   Barcode 592938
                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraphs (b) and (e) of subsections (6)
18  of section 20.315, Florida Statutes, are amended to read:
19         20.315  Department of Corrections.--There is created a
20  Department of Corrections.
21         (6)  FLORIDA CORRECTIONS COMMISSION.--
22         (b)  The primary functions of the commission are to:
23         1.  Recommend major correctional policies for the
24  Governor's approval, and assure that approved policies and any
25  revisions thereto are properly executed.
26         2.  Periodically review the status of the state
27  correctional system and recommend improvements therein to the
28  Governor and the Legislature.
29         3.  Annually perform an in-depth review of
30  community-based intermediate sanctions and recommend to the
31  Governor and the Legislature intergovernmental approaches
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SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 through the Community Corrections Partnership Act for planning 2 and implementing such sanctions and programs. 3 4. Perform an in-depth evaluation of the annual budget 4 request of the Department of Corrections, the comprehensive 5 correctional master plan, and the tentative construction 6 program for compliance with all applicable laws and 7 established departmental policies. The commission may not 8 consider individual construction projects, but shall consider 9 methods of accomplishing the department's goals in the most 10 effective, efficient, and businesslike manner. 11 5. Routinely monitor the financial status of the 12 Department of Corrections to assure that the department is 13 managing revenue and any applicable bond proceeds responsibly 14 and in accordance with law and established policy. 15 6. Evaluate, at least quarterly, the efficiency, 16 productivity, and management of the Department of Corrections, 17 using performance and production standards developed by the 18 department under former subsection (18). 19 7. Provide public education on corrections and 20 criminal justice issues. 21 8. Report to the President of the Senate, the Speaker 22 of the House of Representatives, and the Governor by November 23 1 of each year. 24 9. Resolved disputes between the Department of 25 Corrections and the contractors for the private correctional 26 facilities entered into under chapter 957 when a contractor 27 proposes to waive a rule, policy, or procedure concerning 28 operation standards. 29 (e) The commission shall appoint an executive director 30 and an assistant executive director, who shall serve under the 31 direction, supervision, and control of the commission. The 2 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 executive director, with the consent of the commission, shall 2 employ such staff as are necessary to perform adequately the 3 functions of the commission, within budgetary limitations. All 4 employees of the commission are exempt from part II of chapter 5 110 and serve at the pleasure of the commission. The salaries 6 and benefits of all employees of the commission shall be set 7 in accordance with the Selected Exempt Service rules; however, 8 the commission shall have complete authority for fixing the 9 salaries of the executive director and the assistant executive 10 director. The executive director and staff of the Task Force 11 for Review of the Criminal Justice and Corrections System, 12 created under chapter 93-404, Laws of Florida, shall serve as 13 the staff for the commission until the commission hires an 14 executive director. 15 Section 2. Subsection (17) is added to section 16 287.042, Florida Statutes, to read: 17 287.042 Powers, duties, and functions.--The department 18 shall have the following powers, duties, and functions: 19 (17)(a) To enter into contracts pursuant to chapter 20 957, and to acquire the contractual rights and assume the 21 contractual obligations of the Correctional Privatization 22 Commission in contracts previously entered into pursuant to 23 chapter 957, for the designing, financing, acquiring, leasing, 24 constructing, or operating of private correctional facilities. 25 The department shall enter into a contract or contracts with 26 one contractor per facility for the designing, acquiring, 27 financing, leasing, constructing, and operating of that 28 facility or may, if specifically authorized by the 29 Legislature, separately contract for any such services. 30 (b) To manage and enforce compliance with existing or 31 future contracts entered into pursuant to chapter 957. 3 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 2 The department may not delegate the responsibilities conferred 3 by this subsection. 4 Section 3. Section 394.9151, Florida Statutes, is 5 amended to read: 6 394.9151 Contract authority.--The Department of 7 Children and Family Services may contract with a private 8 entity or state agency for use of and operation of facilities 9 to comply with the requirements of this act. The Department of 10 Children and Family Services may also contract with the 11 Department of Management Services Correctional Privatization 12 Commission as defined in chapter 957 to issue a request for 13 proposals and monitor contract compliance for these services. 14 Section 4. Section 943.13, Florida Statutes, is 15 amended to read: 16 943.13 Officers' minimum qualifications for employment 17 or appointment.--On or after October 1, 1984, any person 18 employed or appointed as a full-time, part-time, or auxiliary 19 law enforcement officer or correctional officer; on or after 20 October 1, 1986, any person employed as a full-time, 21 part-time, or auxiliary correctional probation officer; and on 22 or after October 1, 1986, any person employed as a full-time, 23 part-time, or auxiliary correctional officer by a private 24 entity under contract to the Department of Corrections, to a 25 county commission, or to the Department of Management Services 26 Correctional Privatization Commission shall: 27 (1) Be at least 19 years of age. 28 (2) Be a citizen of the United States, notwithstanding 29 any law of the state to the contrary. 30 (3) Be a high school graduate or its "equivalent" as 31 the commission has defined the term by rule. 4 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 (4) Not have been convicted of any felony or of a 2 misdemeanor involving perjury or a false statement, or have 3 received a dishonorable discharge from any of the Armed Forces 4 of the United States. Any person who, after July 1, 1981, 5 pleads guilty or nolo contendere to or is found guilty of any 6 felony or of a misdemeanor involving perjury or a false 7 statement is not eligible for employment or appointment as an 8 officer, notwithstanding suspension of sentence or withholding 9 of adjudication. Notwithstanding this subsection, any person 10 who has pled nolo contendere to a misdemeanor involving a 11 false statement, prior to December 1, 1985, and has had such 12 record sealed or expunged shall not be deemed ineligible for 13 employment or appointment as an officer. 14 (5) Have documentation of his or her processed 15 fingerprints on file with the employing agency or, if a 16 private correctional officer, have documentation of his or her 17 processed fingerprints on file with the Department of 18 Corrections or the Criminal Justice Standards and Training 19 Commission. If administrative delays are caused by the 20 department or the Federal Bureau of Investigation and the 21 person has complied with subsections (1)-(4) and (6)-(9), he 22 or she may be employed or appointed for a period not to exceed 23 1 calendar year from the date he or she was employed or 24 appointed or until return of the processed fingerprints 25 documenting noncompliance with subsections (1)-(4) or 26 subsection (7), whichever occurs first. 27 (6) Have passed a physical examination by a licensed 28 physician or physician assistant, based on specifications 29 established by the commission. 30 (7) Have a good moral character as determined by a 31 background investigation under procedures established by the 5 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 commission. 2 (8) Execute and submit to the employing agency or, if 3 a private correctional officer, submit to the appropriate 4 governmental entity an affidavit-of-applicant form, adopted by 5 the commission, attesting to his or her compliance with 6 subsections (1)-(7). The affidavit shall be executed under 7 oath and constitutes an official statement within the purview 8 of s. 837.06. The affidavit shall include conspicuous language 9 that the intentional false execution of the affidavit 10 constitutes a misdemeanor of the second degree. The affidavit 11 shall be retained by the employing agency. 12 (9) Complete a commission-approved basic recruit 13 training program for the applicable criminal justice 14 discipline, unless exempt under this subsection. An applicant 15 who has: 16 (a) Completed a comparable basic recruit training 17 program for the applicable criminal justice discipline in 18 another state or for the Federal Government; and 19 (b) Served as a full-time sworn officer in another 20 state or for the Federal Government for at least 1 year 21 provided there is no more than an 8-year break in employment, 22 as measured from the separation date of the most recent 23 qualifying employment to the time a complete application is 24 submitted for an exemption under this section, 25 26 is exempt in accordance with s. 943.131(2) from completing the 27 commission-approved basic recruit training program. 28 (10) Achieve an acceptable score on the officer 29 certification examination for the applicable criminal justice 30 discipline. 31 (11) Comply with the continuing training or education 6 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 requirements of s. 943.135. 2 Section 5. Subsection (4) of section 944.02, Florida 3 Statutes, is amended to read: 4 944.02 Definitions.--The following words and phrases 5 used in this chapter shall, unless the context clearly 6 indicates otherwise, have the following meanings: 7 (4) "Elderly offender" means a prisoner age 50 or 8 older in a state correctional institution or facility operated 9 by the Department of Corrections or the Department of 10 Management Services Correctional Privatization Commission. 11 Section 6. Subsection (1) and paragraph (b) of 12 subsection (2) of section 944.115, Florida Statutes, are 13 amended to read: 14 944.115 Smoking prohibited inside state correctional 15 facilities.-- 16 (1) The purpose of this section is to protect the 17 health, comfort, and environment of employees of the 18 Department of Corrections, employees of privately operated 19 correctional facilities, employees of the Correctional 20 Privatization Commission, and inmates by prohibiting inmates 21 from using tobacco products inside any office or building 22 within state correctional facilities, and by ensuring that 23 employees and visitors do not use tobacco products inside any 24 office or building within state correctional facilities. 25 Scientific evidence links the use of tobacco products with 26 numerous significant health risks. The use of tobacco products 27 by inmates, employees, or visitors is contrary to efforts by 28 the Department of Corrections to reduce the cost of inmate 29 health care and to limit unnecessary litigation. The 30 Department of Corrections and the private vendors operating 31 correctional facilities shall make smoking-cessation 7 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 assistance available to inmates in order to implement this 2 section. The Department of Corrections and the private vendors 3 operating correctional facilities shall implement this section 4 as soon as possible, and all provisions of this section must 5 be fully implemented by January 1, 2000. 6 (2) As used in this section, the term: 7 (b) "Employee" means an employee of the department or 8 a private vendor in a contractual relationship with either the 9 Department of Corrections or the Department of Management 10 Services Correctional Privatization Commission, and includes 11 persons such as contractors, volunteers, or law enforcement 12 officers who are within a state correctional facility to 13 perform a professional service. 14 Section 7. Subsection (1) of section 944.72, Florida 15 Statutes, is amended to read: 16 944.72 Privately Operated Institutions Inmate Welfare 17 Trust Fund.-- 18 (1) There is hereby created in the Department of 19 Corrections the Privately Operated Institutions Inmate Welfare 20 Trust Fund. The purpose of the trust fund shall be the benefit 21 and welfare of inmates incarcerated in private correctional 22 facilities under contract with the department pursuant to 23 chapter 944 or the Department of Management Services 24 Correctional Privatization Commission pursuant to chapter 957. 25 Moneys shall be deposited in the trust fund and expenditures 26 made from the trust fund as provided in s. 945.215. 27 Section 8. Section 944.8041, Florida Statutes, is 28 amended to read: 29 944.8041 Elderly offenders; annual review.--For the 30 purpose of providing information to the Legislature on elderly 31 offenders within the correctional system, the Florida 8 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 Corrections Commission and the Correctional Medical Authority 2 shall each submit annually a report on the status and 3 treatment of elderly offenders in the state-administered and 4 private state correctional systems, as well as such 5 information on the River Junction Correctional Institution. 6 In order to adequately prepare the reports, the Department of 7 Corrections and the Department of Management Services 8 Correctional Privatization Commission shall grant access to 9 the Florida Corrections Commission and the Correctional 10 Medical Authority which includes access to the facilities, 11 offenders, and any information the agencies require to 12 complete their reports. The review shall also include an 13 examination of promising geriatric policies, practices, and 14 programs currently implemented in other correctional systems 15 within the United States. The reports, with specific findings 16 and recommendations for implementation, shall be submitted to 17 the President of the Senate and the Speaker of the House of 18 Representatives on or before December 31 of each year. 19 Section 9. Paragraphs (a) and (c) of subsection (2) of 20 section 945.215, Florida Statutes, are amended to read: 21 945.215 Inmate welfare and employee benefit trust 22 funds.-- 23 (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE 24 TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.-- 25 (a) For purposes of this subsection, privately 26 operated institutions or private correctional facilities are 27 those correctional facilities under contract with the 28 department pursuant to chapter 944 or the Department of 29 Management Services Correctional Privatization Commission 30 pursuant to chapter 957. 31 (c) The Department of Management Services Correctional 9 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 Privatization Commission shall annually compile a report that 2 documents Privately Operated Institutions Inmate Welfare Trust 3 Fund receipts and expenditures at each private correctional 4 facility. This report must specifically identify receipt 5 sources and expenditures. The Department of Management 6 Services Correctional Privatization Commission shall compile 7 this report for the prior fiscal year and shall submit the 8 report by September 1 of each year to the chairs of the 9 appropriate substantive and fiscal committees of the Senate 10 and House of Representatives and to the Executive Office of 11 the Governor. 12 Section 10. Section 957.01, Florida Statutes, is 13 amended to read: 14 957.01 Short title.--This chapter may be cited as the 15 "Correctional Privatization Commission Act." 16 Section 11. Section 957.02, Florida Statutes, is 17 amended to read: 18 957.02 Definitions.--As used in this chapter,: 19 (1) "Commission" means the Correctional Privatization 20 Commission. 21 (2) "department" means the Department of Corrections. 22 Section 12. Section 957.03, Florida Statutes, is 23 repealed. 24 Section 13. Section 957.04, Florida Statutes, is 25 amended to read: 26 957.04 Contract requirements.-- 27 (1) A contract entered into under this chapter for the 28 operation of private correctional facilities shall maximize 29 the cost savings of such facilities and shall: 30 (a) Be negotiated with the firm found most qualified. 31 However, a contract for private correctional services may not 10 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 be entered into by the Department of Management Services 2 commission unless the Department of Management Services 3 commission determines that the contractor has demonstrated 4 that it has: 5 1. The qualifications, experience, and management 6 personnel necessary to carry out the terms of the contract. 7 2. The ability to expedite the siting, design, and 8 construction of correctional facilities. 9 3. The ability to comply with applicable laws, court 10 orders, and national correctional standards. 11 (b) Indemnify the state and the department, including 12 their officials and agents, against any and all liability, 13 including, but not limited to, civil rights liability. Proof 14 of satisfactory insurance is required in an amount to be 15 determined by the Department of Management Services 16 commission, following consultation with the Division of Risk 17 Management of the Department of Financial Services. Not less 18 than 30 days prior to the release of each request for 19 proposals by the commission, the commission shall request the 20 written recommendation of the division regarding 21 indemnification of the state and the department under this 22 paragraph. Within 15 days after such request, the division 23 shall provide a written recommendation to the commission 24 regarding the amount and manner of such indemnification. The 25 commission shall adopt the division's recommendation unless, 26 based on substantial competent evidence, the commission 27 determines a different amount and manner of indemnification is 28 sufficient. 29 (c) Require that the contractor seek, obtain, and 30 maintain accreditation by the American Correctional 31 Association for the facility under that contract. Compliance 11 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 with amendments to the accreditation standards of the 2 association is required upon the approval of such amendments 3 by the commission. 4 (d) Require that the proposed facilities and the 5 management plans for the inmates meet applicable American 6 Correctional Association standards and the requirements of all 7 applicable court orders and state law. 8 (e) Establish operations standards for correctional 9 facilities subject to the contract. However, if the department 10 and the contractor disagree with an operations standard, the 11 contractor The commission may propose to waive any rule, 12 policy, or procedure of the department related to the 13 operations standards of correctional facilities which is that 14 are inconsistent with the mission of the contractor commission 15 to establish cost-effective, privately operated correctional 16 facilities. The Florida Corrections Commission shall be 17 responsible for considering all proposals from the contractor 18 to waive any rule, policy, or procedure and shall render a 19 final decision granting or denying such request. 20 (f) Require the contractor to be responsible for a 21 range of dental, medical, and psychological services; diet; 22 education; and work programs at least equal to those provided 23 by the department in comparable facilities. The work and 24 education programs must be designed to reduce recidivism, and 25 include opportunities to participate in such work programs as 26 authorized pursuant to s. 946.523. 27 (g) Require the selection and appointment of a 28 full-time contract monitor. The contract monitor shall be 29 appointed and supervised by the Department of Management 30 Services commission. The contractor is required to reimburse 31 the Department of Management Services commission for the 12 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 salary and expenses of the contract monitor. It is the 2 obligation of the contractor to provide suitable office space 3 for the contract monitor at the correctional facility. The 4 contract monitor shall have unlimited access to the 5 correctional facility. 6 (h) Be for a period of 3 years and may be renewed for 7 successive 2-year periods thereafter. However, the state is 8 not obligated for any payments to the contractor beyond 9 current annual appropriations. 10 (2) Each contract entered into for the design and 11 construction of a private correctional facility or juvenile 12 commitment facility must include: 13 (a) Notwithstanding any provision of chapter 255 to 14 the contrary, a specific provision authorizing the use of 15 tax-exempt financing through the issuance of tax-exempt bonds, 16 certificates of participation, lease-purchase agreements, or 17 other tax-exempt financing methods. Pursuant to s. 255.25, 18 approval is hereby provided for the lease-purchase of up to 19 two private correctional facilities and any other facility 20 authorized by the General Appropriations Act. 21 (b) A specific provision requiring the design and 22 construction of the proposed facilities to meet the applicable 23 standards of the American Correctional Association and the 24 requirements of all applicable court orders and state law. 25 (c) A specific provision requiring the contractor, and 26 not the Department of Management Services commission, to 27 obtain the financing required to design and construct the 28 private correctional facility or juvenile commitment facility 29 built under this chapter. 30 (d) A specific provision stating that the state is not 31 obligated for any payments that exceed the amount of the 13 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 current annual appropriation. 2 (3)(a) Each contract for the designing, financing, 3 acquiring, leasing, constructing, and operating of a private 4 correctional facility shall be subject to ss. 255.2502 and 5 255.2503. 6 (b) Each contract for the designing, financing, 7 acquiring, leasing, and constructing of a private juvenile 8 commitment facility shall be subject to ss. 255.2502 and 9 255.2503. 10 (4) A contract entered into under this chapter does 11 not accord third-party beneficiary status to any inmate or 12 juvenile offender or to any member of the general public. 13 (5) Each contract entered into by the Department of 14 Management Services commission must include substantial 15 minority participation unless demonstrated by evidence, after 16 a good faith effort, as impractical and must also include any 17 other requirements the Department of Management Services 18 commission considers necessary and appropriate for carrying 19 out the purposes of this chapter. 20 (6) Notwithstanding s. 253.025(7), the Board of 21 Trustees of the Internal Improvement Trust Fund need not 22 approve a lease-purchase agreement negotiated by the 23 Department of Management Services commission if the Department 24 of Management Services commission finds that there is a need 25 to expedite the lease-purchase. 26 (7)(a) Notwithstanding s. 253.025 or s. 287.057, 27 whenever the Department of Management Services commission 28 finds it to be in the best interest of timely site 29 acquisition, it may contract without the need for competitive 30 selection with one or more appraisers whose names are 31 contained on the list of approved appraisers maintained by the 14 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 Division of State Lands of the Department of Environmental 2 Protection in accordance with s. 253.025(6)(b). In those 3 instances when the Department of Management Services 4 commission directly contracts for appraisal services, it shall 5 also contract with an approved appraiser who is not employed 6 by the same appraisal firm for review services. 7 (b) Notwithstanding s. 253.025(6), the Department of 8 Management Services commission may negotiate and enter into 9 lease-purchase agreements before an appraisal is obtained. Any 10 such agreement must state that the final purchase price cannot 11 exceed the maximum value allowed by law. 12 (8) The Department of Management Services shall be the 13 successor agency for the Correctional Privatization Commission 14 in all contracts entered into pursuant to this chapter which 15 are in effect on July 1, 2004. Buildings and other 16 improvements to real property which are financed under 17 paragraph (2)(a) and which are leased to the Correctional 18 Privatization Commission are considered to be owned by the 19 Correctional Privatization Commission for the purposes of this 20 section whereby the terms of the lease, the buildings, and 21 other improvements will become the property of the state at 22 the expiration of the lease. For any facility that is bid and 23 built under the authority of requests for proposals made by 24 the Correctional Privatization Commission between December 25 1993 and October 1994 and that is operated by a private 26 vendor, a payment in lieu of taxes, from funds appropriated 27 for the Correctional Privatization Commission, shall be paid 28 until the expiration of the lease to local taxing authorities 29 in the local government in which the facility is located in an 30 amount equal to the ad valorem taxes assessed by counties, 31 municipalities, school districts, and special districts. 15 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 Section 14. Subsections (2) and (7) of section 957.06, 2 Florida Statutes, are amended to read: 3 957.06 Powers and duties not delegable to 4 contractor.--A contract entered into under this chapter does 5 not authorize, allow, or imply a delegation of authority to 6 the contractor to: 7 (2) Choose the facility to which an inmate is 8 initially assigned or subsequently transferred. The contractor 9 may request, in writing, that an inmate be transferred to a 10 facility operated by the department. The Department of 11 Management Services commission, the contractor, and a 12 representative of the department shall develop and implement a 13 cooperative agreement for transferring inmates between a 14 correctional facility operated by the department and a private 15 correctional facility. The department, the Department of 16 Management Services commission, and the contractor must comply 17 with the cooperative agreement. 18 (7) Develop and implement requirements that inmates 19 engage in any type of work, except to the extent that those 20 requirements are accepted by the commission. 21 Section 15. Subsection (1) and paragraph (d) of 22 subsection (5) of section 957.07, Florida Statutes, are 23 amended to read: 24 957.07 Cost-saving requirements.-- 25 (1) The Department of Management Services commission 26 may not enter into a contract or series of contracts unless 27 the department commission determines that the contract or 28 series of contracts in total for the facility will result in a 29 cost savings to the state of at least 7 percent over the 30 public provision of a similar facility. Such cost savings as 31 determined by the Department of Management Services commission 16 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 must be based upon the actual costs associated with the 2 construction and operation of similar facilities or services 3 as determined by the Department of Corrections and certified 4 by the Auditor General. The Department of Corrections shall 5 calculate all of the cost components that determine the inmate 6 per diem in correctional facilities of a substantially similar 7 size, type, and location that are operated by the Department 8 of Corrections, including administrative costs associated with 9 central administration. Services that are provided to the 10 Department of Corrections by other governmental agencies at no 11 direct cost to the department shall be assigned an equivalent 12 cost and included in the per diem. 13 (5) 14 (d) If a private vendor chooses not to renew the 15 contract at the appropriated level, the Department of 16 Management Services commission shall terminate the contract as 17 provided in s. 957.14. 18 Section 16. Section 957.08, Florida Statutes, is 19 amended to read: 20 957.08 Capacity requirements.--The Department of 21 Corrections shall transfer and assign prisoners, at a rate to 22 be determined by the commission, to each private correctional 23 facility opened pursuant to this chapter in an amount not less 24 than 90 percent or more than 100 percent of the capacity of 25 the facility pursuant to the contract with the Department of 26 Management Services commission. The prisoners transferred by 27 the Department of Corrections shall represent a cross section 28 of the general inmate population, based on the grade of 29 custody or the offense of conviction, at the most comparable 30 facility operated by the department. 31 Section 17. Subsection (2) of section 957.13, Florida 17 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 Statutes, is amended to read: 2 957.13 Background checks.-- 3 (2) The Florida Department of Law Enforcement may, to 4 the extent provided for by federal law, provide for the 5 exchange of state, multistate, and federal criminal history 6 records of individuals who apply for employment at a private 7 correctional facility with the Correctional Privatization 8 Commission for the purpose of conducting background checks as 9 required by law or contract the commission. 10 Section 18. Section 957.14, Florida Statutes, is 11 amended to read: 12 957.14 Contract termination and control of a 13 correctional facility by the department.--A detailed plan 14 shall be provided by a private vendor under which the 15 department shall assume temporary control of a private 16 correctional facility upon termination of the contract. The 17 Department of Management Services commission may terminate the 18 contract with cause after written notice of material 19 deficiencies and after 60 workdays in order to correct the 20 material deficiencies. If any event occurs that involves the 21 noncompliance with or violation of contract terms and that 22 presents a serious threat to the safety, health, or security 23 of the inmates, employees, or the public, the department may 24 temporarily assume control of the private correctional 25 facility, with the approval of the Department of Management 26 Services commission. A plan shall also be provided by a 27 private vendor for the purchase and temporary assumption of 28 operations of a correctional facility by the department in the 29 event of bankruptcy or the financial insolvency of the private 30 vendor. The private vendor shall provide an emergency plan to 31 address inmate disturbances, employee work stoppages, strikes, 18 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 or other serious events in accordance with standards of the 2 American Correctional Association. 3 Section 19. Section 957.15, Florida Statutes, is 4 amended to read: 5 957.15 Funding of contracts for operation, 6 maintenance, and lease-purchase of private correctional 7 facilities.--The request for appropriation of funds to make 8 payments pursuant to contracts entered into by the Department 9 of Management Services commission for the operation, 10 maintenance, and lease-purchase of the private correctional 11 facilities authorized by this chapter shall be made by the 12 Department of Management Services commission in a request to 13 the department. The department shall include such request in 14 its budget request to the Legislature as a separately 15 identified item and shall forward the request of the 16 Department of Management Services commission without change. 17 After an appropriation has been made by the Legislature to the 18 department for the private correctional facilities commission, 19 the department shall have no authority over such funds other 20 than to pay from such appropriation to the appropriate private 21 vendor such amounts as are certified for payment by the 22 Department of Management Services commission. 23 Section 20. Section 957.16, Florida Statutes, is 24 amended to read: 25 957.16 Expanding capacity.--The Department of 26 Management Services commission is authorized to modify and 27 execute agreements with contractors to expand up to the total 28 capacity of contracted correctional facilities. Total 29 capacity means the design capacity of all contracted 30 correctional facilities increased by one-half as described 31 under s. 944.023(1)(b). Any additional beds authorized under 19 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 this section must comply with the cost-saving requirements set 2 forth in s. 957.07. Any additional beds authorized as a result 3 of expanded capacity under this section are contingent upon 4 specified appropriations. 5 Section 21. This act shall take effect July 1, 2004. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to the operational authority 15 for state correctional facilities; amending s. 16 20.315, F.S., relating to the Florida 17 Corrections Commission; requiring the 18 commission to resolve certain disputes between 19 the Department of Corrections and a contractor; 20 deleting obsolete provisions concerning the 21 staff of the commission; amending s. 287.042, 22 F.S.; authorizing the Department of Management 23 Services to enter into certain contracts, 24 acquire contractual rights and obligations, and 25 manage and enforce compliance with contracts of 26 the Correctional Privatization Commission; 27 amending s. 394.9151, F.S.; authorizing the 28 Department of Children and Family Services to 29 contract with the Department of Management 30 Services for the operation of facilities for 31 sexually violent predators; amending s. 943.13, 20 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 F.S., relating to the qualifications for 2 correctional officers; conforming provisions to 3 changes made by the act; amending ss. 944.02, 4 944.115, 944.72, 944.8041, and 945.215, F.S., 5 relating to the state correctional system; 6 requiring the Department of Management Services 7 to assume the duties and responsibilities of 8 the Correctional Privatization Commission; 9 amending s. 957.01, F.S.; redesignating ch. 10 957, F.S., as the "Correctional Privatization 11 Act"; amending ss. 957.02, 957.04, 957.06, 12 957.07, 957.08, 957.13, 957.14, 957.15, and 13 957.16, F.S., and repealing s. 957.03, F.S.; 14 providing contract requirements for the 15 Department of Management Services with respect 16 to the operation of private correctional 17 facilities; specifying duties of the Florida 18 Corrections Commission; providing for the 19 Department of Management Services to be the 20 successor agency to the Correctional 21 Privatization Commission with respect to 22 contracts under ch. 957, F.S., which are in 23 effect on a specified date; requiring certain 24 cooperative agreements between the Department 25 of Management Services, contractors, and the 26 Department of Corrections; specifying duties of 27 the Department of Management Services with 28 respect to the operation, maintenance, and 29 lease-purchase of private correctional 30 facilities and contract termination; providing 31 for the modification and execution of 21 9:09 AM 04/02/04 h1875c-04j02
SENATE AMENDMENT Bill No. HB 1875 Amendment No. ___ Barcode 592938 1 agreements with contractors to conform to 2 changes made by the act; providing an effective 3 date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 9:09 AM 04/02/04 h1875c-04j02