Amendment
Bill No. 1875
Amendment No. 960035
CHAMBER ACTION
Senate House
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1Representative Bean offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause, and insert:
5     Section 1.  (1)  Sections 945.601, 945.602, 945.603,
6945.6031, 945.6032, 945.6035, 945.6036, 945.6037, Florida
7Statutes, are repealed.
8     (2)  Effective January 1, 2005, sections 957.01, 957.02,
9957.03, 957.04, 957.05, 957.06, 957.07, 957.08, 957.09, 957.11,
10957.12, 957.125, 957.13, 957.14, 957.15, and 957.16, Florida
11Statutes, are repealed.
12     Section 2.  Subsection (3) of section 381.90, Florida
13Statutes, is amended to read:
14     381.90  Health Information Systems Council; legislative
15intent; creation, appointment, duties.--
16     (3)  The council shall be composed of the following members
17or their senior executive-level designees:
18     (a)  The secretary of the Department of Health;
19     (b)  The secretary of the Department of Business and
20Professional Regulation;
21     (c)  The secretary of the Department of Children and Family
22Services;
23     (d)  The Secretary of Health Care Administration;
24     (e)  The secretary of the Department of Corrections;
25     (f)  The Attorney General;
26     (g)  The executive director of the Correctional Medical
27Authority;
28     (g)(h)  Two members representing county health departments,
29one from a small county and one from a large county, appointed
30by the Governor;
31     (h)(i)  A representative from the Florida Association of
32Counties;
33     (i)(j)  The Chief Financial Officer;
34     (j)(k)  A representative from the Florida Healthy Kids
35Corporation;
36     (k)(l)  A representative from a school of public health
37chosen by the Board of Regents;
38     (l)(m)  The Commissioner of Education;
39     (m)(n)  The secretary of the Department of Elderly Affairs;
40and
41     (n)(o)  The secretary of the Department of Juvenile
42Justice.
43
44Representatives of the Federal Government may serve without
45voting rights.
46     Section 3.  Effective January 1, 2005, section 394.9151,
47Florida Statutes, is amended to read:
48     394.9151  Contract authority.--The Department of Children
49and Family Services may contract with a private entity or state
50agency for use of and operation of facilities to comply with the
51requirements of this act. The Department of Children and Family
52Services may also contract with the Correctional Privatization
53Commission as defined in chapter 957 to issue a request for
54proposals and monitor contract compliance for these services.
55     Section 4.  Effective January 1, 2005, subsection (22) of
56section 395.002, Florida Statutes, is amended to read:
57     395.002  Definitions.--As used in this chapter:
58     (22)  "Mobile surgical facility" is a mobile facility in
59which licensed health care professionals provide elective
60surgical care under contract with the Department of Corrections
61or a private correctional facility operating pursuant to chapter
62957 and in which inmate patients are admitted to and discharged
63from said facility within the same working day and are not
64permitted to stay overnight. However, mobile surgical facilities
65may only provide health care services to the inmate patients of
66the Department of Corrections, or inmate patients of a private
67correctional facility operating pursuant to chapter 957, and not
68to the general public.
69     Section 5.  Effective January 1, 2005, paragraph (j) of
70subsection (3) of section 408.036, Florida Statutes, is amended
71to read:
72     408.036  Projects subject to review; exemptions.--
73     (3)  EXEMPTIONS.--Upon request, the following projects are
74subject to exemption from the provisions of subsection (1):
75     (j)  For mobile surgical facilities and related health care
76services provided under contract with the Department of
77Corrections or a private correctional facility operating
78pursuant to chapter 957.
79     Section 6.  Paragraph (a) of subsection (1) of section
80766.101, Florida Statutes, is amended to read:
81     766.101  Medical review committee, immunity from
82liability.--
83     (1)  As used in this section:
84     (a)  The term "medical review committee" or "committee"
85means:
86     1.a.  A committee of a hospital or ambulatory surgical
87center licensed under chapter 395 or a health maintenance
88organization certificated under part I of chapter 641,
89     b.  A committee of a physician-hospital organization, a
90provider-sponsored organization, or an integrated delivery
91system,
92     c.  A committee of a state or local professional society of
93health care providers,
94     d.  A committee of a medical staff of a licensed hospital
95or nursing home, provided the medical staff operates pursuant to
96written bylaws that have been approved by the governing board of
97the hospital or nursing home,
98     e.  A committee of the Department of Corrections or the
99Correctional Medical Authority as created under s. 945.602, or
100employees, agents, or consultants of either the department or
101the authority or both,
102     f.  A committee of a professional service corporation
103formed under chapter 621 or a corporation organized under
104chapter 607 or chapter 617, which is formed and operated for the
105practice of medicine as defined in s. 458.305(3), and which has
106at least 25 health care providers who routinely provide health
107care services directly to patients,
108     g.  A committee of a mental health treatment facility
109licensed under chapter 394 or a community mental health center
110as defined in s. 394.907, provided the quality assurance program
111operates pursuant to the guidelines which have been approved by
112the governing board of the agency,
113     h.  A committee of a substance abuse treatment and
114education prevention program licensed under chapter 397 provided
115the quality assurance program operates pursuant to the
116guidelines which have been approved by the governing board of
117the agency,
118     i.  A peer review or utilization review committee organized
119under chapter 440,
120     j.  A committee of the Department of Health, a county
121health department, healthy start coalition, or certified rural
122health network, when reviewing quality of care, or employees of
123these entities when reviewing mortality records, or
124     k.  A continuous quality improvement committee of a
125pharmacy licensed pursuant to chapter 465,
126
127which committee is formed to evaluate and improve the quality of
128health care rendered by providers of health service or to
129determine that health services rendered were professionally
130indicated or were performed in compliance with the applicable
131standard of care or that the cost of health care rendered was
132considered reasonable by the providers of professional health
133services in the area; or
134     2.  A committee of an insurer, self-insurer, or joint
135underwriting association of medical malpractice insurance, or
136other persons conducting review under s. 766.106.
137     Section 7.  Effective January 1, 2005, subsection (1) of
138section 784.078, Florida Statutes, is amended to read:
139     784.078  Battery of facility employee by throwing, tossing,
140or expelling certain fluids or materials.--
141     (1)  As used in this section, the term "facility" means a
142state correctional institution defined in s. 944.02(6); a
143private correctional facility defined in s. 944.710 or under
144chapter 957; a county, municipal, or regional jail or other
145detention facility of local government under chapter 950 or
146chapter 951; or a secure facility operated and maintained by the
147Department of Corrections or the Department of Juvenile Justice.
148     Section 8.  Effective January 1, 2005, subsection (8) of
149section 943.053, Florida Statutes, is amended to read:
150     943.053  Dissemination of criminal justice information;
151fees.--
152     (8)  Notwithstanding the provisions of s. 943.0525, and any
153user agreements adopted pursuant thereto, and notwithstanding
154the confidentiality of sealed records as provided for in s.
155943.059, the Department of Corrections shall provide, in a
156timely manner, copies of the Florida criminal history records
157for inmates housed in a private state correctional facility to
158the private entity under contract to operate the facility
159pursuant to the provisions of s. 944.105 or s. 957.03. The
160department may assess a charge for the Florida criminal history
161records pursuant to the provisions of chapter 119. Sealed
162records received by the private entity under this section remain
163confidential and exempt from the provisions of s. 119.07(1).
164     Section 9.  Effective January 1, 2005, section 943.13,
165Florida Statutes, is amended to read:
166     943.13  Officers' minimum qualifications for employment or
167appointment.--On or after October 1, 1984, any person employed
168or appointed as a full-time, part-time, or auxiliary law
169enforcement officer or correctional officer; on or after October
1701, 1986, any person employed as a full-time, part-time, or
171auxiliary correctional probation officer; and on or after
172October 1, 1986, any person employed as a full-time, part-time,
173or auxiliary correctional officer by a private entity under
174contract to the Department of Corrections or, to a county
175commission, or to the Correctional Privatization Commission
176shall:
177     (1)  Be at least 19 years of age.
178     (2)  Be a citizen of the United States, notwithstanding any
179law of the state to the contrary.
180     (3)  Be a high school graduate or its "equivalent" as the
181commission has defined the term by rule.
182     (4)  Not have been convicted of any felony or of a
183misdemeanor involving perjury or a false statement, or have
184received a dishonorable discharge from any of the Armed Forces
185of the United States. Any person who, after July 1, 1981, pleads
186guilty or nolo contendere to or is found guilty of any felony or
187of a misdemeanor involving perjury or a false statement is not
188eligible for employment or appointment as an officer,
189notwithstanding suspension of sentence or withholding of
190adjudication. Notwithstanding this subsection, any person who
191has pled nolo contendere to a misdemeanor involving a false
192statement, prior to December 1, 1985, and has had such record
193sealed or expunged shall not be deemed ineligible for employment
194or appointment as an officer.
195     (5)  Have documentation of his or her processed
196fingerprints on file with the employing agency or, if a private
197correctional officer, have documentation of his or her processed
198fingerprints on file with the Department of Corrections or the
199Criminal Justice Standards and Training Commission. If
200administrative delays are caused by the department or the
201Federal Bureau of Investigation and the person has complied with
202subsections (1)-(4) and (6)-(9), he or she may be employed or
203appointed for a period not to exceed 1 calendar year from the
204date he or she was employed or appointed or until return of the
205processed fingerprints documenting noncompliance with
206subsections (1)-(4) or subsection (7), whichever occurs first.
207     (6)  Have passed a physical examination by a licensed
208physician or physician assistant, based on specifications
209established by the commission.
210     (7)  Have a good moral character as determined by a
211background investigation under procedures established by the
212commission.
213     (8)  Execute and submit to the employing agency or, if a
214private correctional officer, submit to the appropriate
215governmental entity an affidavit-of-applicant form, adopted by
216the commission, attesting to his or her compliance with
217subsections (1)-(7). The affidavit shall be executed under oath
218and constitutes an official statement within the purview of s.
219837.06. The affidavit shall include conspicuous language that
220the intentional false execution of the affidavit constitutes a
221misdemeanor of the second degree. The affidavit shall be
222retained by the employing agency.
223     (9)  Complete a commission-approved basic recruit training
224program for the applicable criminal justice discipline, unless
225exempt under this subsection. An applicant who has:
226     (a)  Completed a comparable basic recruit training program
227for the applicable criminal justice discipline in another state
228or for the Federal Government; and
229     (b)  Served as a full-time sworn officer in another state
230or for the Federal Government for at least 1 year provided there
231is no more than an 8-year break in employment, as measured from
232the separation date of the most recent qualifying employment to
233the time a complete application is submitted for an exemption
234under this section,
235
236is exempt in accordance with s. 943.131(2) from completing the
237commission-approved basic recruit training program.
238     (10)  Achieve an acceptable score on the officer
239certification examination for the applicable criminal justice
240discipline.
241     (11)  Comply with the continuing training or education
242requirements of s. 943.135.
243     Section 10.  Effective January 1, 2005, subsection (4) of
244section 943.133, Florida Statutes, is amended to read:
245     943.133  Responsibilities of employing agency, commission,
246and program with respect to compliance with employment
247qualifications and the conduct of background investigations;
248injunctive relief.--
249     (4)  When the employing agency is a private entity under
250contract to the county or the state pursuant to s. 944.105 or,
251s. 951.062, or chapter 957, the contracting agency shall be
252responsible for meeting the requirements of subsections (1),
253(2), and (3).
254     Section 11.  Effective January 1, 2005, paragraph (c) of
255subsection (1) of section 943.325, Florida Statutes, is amended
256to read:
257     943.325  Blood or other biological specimen testing for DNA
258analysis.--
259     (1)
260     (c)  As used in this section, the term "any person"
261includes both juveniles and adults committed to a county jail or
262committed to or under the supervision of the Department of
263Corrections or the Department of Juvenile Justice, including
264persons incarcerated in a private correctional institution
265operated under contract pursuant to s. 944.105 or s. 957.03.
266     Section 12.  Effective January 1, 2005, subsection (4) of
267section 944.02, Florida Statutes, is amended to read:
268     944.02  Definitions.--The following words and phrases used
269in this chapter shall, unless the context clearly indicates
270otherwise, have the following meanings:
271     (4)  "Elderly offender" means a prisoner age 50 or older in
272a state correctional institution or facility operated by the
273Department of Corrections or the Correctional Privatization
274Commission.
275     Section 13.  Effective January 1, 2005, paragraph (b) of
276subsection (1) of section 944.023, Florida Statutes, is amended
277to read:
278     944.023  Comprehensive correctional master plan.--
279     (1)  As used in this section, the term:
280     (b)  "Total capacity" of the state correctional system
281means the total design capacity of all institutions and
282facilities in the state correctional system, which may include
283those facilities authorized and funded under chapter 957,
284increased by one-half, with the following exceptions:
285     1.  Medical and mental health beds must remain at design
286capacity.
287     2.  Community-based contracted beds must remain at design
288capacity.
289     3.  The one-inmate-per-cell requirement at Florida State
290Prison and other maximum security facilities must be maintained
291pursuant to paragraph (7)(a).
292     4.  Community correctional centers and drug treatment
293centers must be increased by one-third.
294     5.  A housing unit may not exceed its maximum capacity
295pursuant to paragraphs (7)(a) and (b).
296     6.  A number of beds equal to 5 percent of total capacity
297shall be deducted for management beds at institutions.
298     Section 14.  Effective January 1, 2005, subsection (8) is
299added to section 944.10, Florida Statutes, to read:
300     944.10  Department of Corrections to provide buildings;
301sale and purchase of land; contracts to provide services and
302inmate labor.--
303     (8)  The department shall assume the leases for Bay
304Correctional Facility, Gadsden Correctional Facility, Lake City
305Correctional Facility, Moore Haven Correctional Facility, and
306South Bay Correctional Facility and all obligations related to
307those leases of the former Correctional Privatization Commission
308for land, buildings, and other improvements, including, but not
309limited to, those financed by tax-exempt financing through the
310issuance of tax-exempt bonds, certificates of participation,
311lease-purchase agreements, or other tax-exempt financing
312methods, as of January 1, 2005.
313     Section 15.  Effective January 1, 2005, subsections (9) and
314(10) are added to section 944.105, Florida Statutes, to read:
315     944.105  Contractual arrangements with private entities for
316operation and maintenance of correctional facilities and
317supervision of inmates.--
318     (9)  The department shall assume contractual obligations of
319the Correctional Privatization Commission in contracts for the
320operation of private correctional facilities at Bay Correctional
321Institution, Gadsden Correctional Institution, Lake City
322Correctional Institution, Moore Haven Correctional Institution,
323and South Bay Correctional Institution.
324     (10)  The department shall provide a contract monitor to
325oversee the contracts for the operation of the private
326correctional facilities. The contractor shall provide suitable
327office space for the contract monitor at each correctional
328facility. The contract monitor shall have unlimited access to
329each correctional facility.
330     Section 16.  Section 944.1054, Florida Statutes, is created
331to read:
332     944.1054  Evaluation of costs and benefits of private
333correctional facility contracts.--The Office of Program Policy
334Analysis and Government Accountability shall develop and
335implement an evaluation of the costs and benefits of each
336contract entered into under this chapter. This evaluation must
337include a comparison of the costs and benefits of constructing
338and operating prisons by the state versus by private contractors
339that will result in a cost savings of at least 7 percent over
340the public provision of a similar facility. The Office of
341Program Policy Analysis and Government Accountability shall also
342evaluate the performance of the private contractor at the end of
343the term of each management contract and make recommendations to
344the Speaker of the House of Representatives and the President of
345the Senate on whether to continue the contract. The Office of
346Program Policy Analysis and Government Accountability may not
347recommend continuing any contract that does not show a cost
348savings of at least 7 percent over the public provision of a
349similar facility.
350     Section 17.  Effective January 1, 2005, subsection (1) and
351paragraphs (b) and (c) of subsection (2) of section 944.115,
352Florida Statutes, are amended to read:
353     944.115  Smoking prohibited inside state correctional
354facilities.--
355     (1)  The purpose of this section is to protect the health,
356comfort, and environment of employees of the Department of
357Corrections, employees of privately operated correctional
358facilities, employees of the Correctional Privatization
359Commission, and inmates by prohibiting inmates from using
360tobacco products inside any office or building within state
361correctional facilities, and by ensuring that employees and
362visitors do not use tobacco products inside any office or
363building within state correctional facilities. Scientific
364evidence links the use of tobacco products with numerous
365significant health risks. The use of tobacco products by
366inmates, employees, or visitors is contrary to efforts by the
367Department of Corrections to reduce the cost of inmate health
368care and to limit unnecessary litigation. The Department of
369Corrections and the private vendors operating correctional
370facilities shall make smoking-cessation assistance available to
371inmates in order to implement this section. The Department of
372Corrections and the private vendors operating correctional
373facilities shall implement this section as soon as possible, and
374all provisions of this section must be fully implemented by
375January 1, 2000.
376     (2)  As used in this section, the term:
377     (b)  "Employee" means an employee of the department or a
378private vendor in a contractual relationship with either the
379Department of Corrections or the Correctional Privatization
380Commission, and includes persons such as contractors,
381volunteers, or law enforcement officers who are within a state
382correctional facility to perform a professional service.
383     (c)  "State correctional facility" means a state or
384privately operated correctional institution as defined in s.
385944.02, or a correctional institution or facility operated under
386s. 944.105 or chapter 957.
387     Section 18.  Effective January 1, 2005, paragraph (b) of
388subsection (3) of section 944.17, Florida Statutes, is amended
389to read:
390     944.17  Commitments and classification; transfers.--
391     (3)
392     (b)  Notwithstanding paragraph (a), any prisoner
393incarcerated in the state correctional system or private
394correctional facility operated pursuant to chapter 957 who is
395convicted in circuit or county court of a crime committed during
396that incarceration shall serve the sentence imposed for that
397crime within the state correctional system regardless of the
398length of sentence or classification of the offense.
399     Section 19.  Paragraph (h) is added to subsection (1) of
400section 944.516, Florida Statutes, to read:
401     944.516  Money or other property received for personal use
402or benefit of inmate; deposit; disposition of unclaimed trust
403funds.--The Department of Corrections shall protect the
404financial interest of the state with respect to claims which the
405state may have against inmates in state institutions under its
406supervision and control and shall administer money and other
407property received for the personal benefit of such inmates. In
408carrying out the provisions of this section, the department may
409delegate any of its enumerated powers and duties affecting
410inmates of an institution to the warden or regional director who
411shall personally, or through designated employees of his or her
412personal staff under his or her direct supervision, exercise
413such powers or perform such duties.
414     (1)  The Department of Corrections may:
415     (h)  Charge an administrative processing fee of up to $5
416each month to inmates for banking services. Such fees shall be
417deposited into the department's Grants and Donations Trust Fund
418and shall be used to offset the cost of the department's


CODING: Words stricken are deletions; words underlined are additions.