1 | A bill to be entitled |
2 | An act relating to the state correctional system; |
3 | repealing ss. 945.601, 945.602, 945.603, 945.6031, |
4 | 945.6032, 945.6035, 945.6036, and 945.6037, F.S., relating |
5 | to the State of Florida Correctional Medical Authority; |
6 | repealing ss. 957.01-957.16, F.S., relating to the |
7 | Correctional Privatization Commission; amending ss. |
8 | 381.90, 394.9151, 395.002, 408.036, 766.101, 784.078, |
9 | 943.053, 943.13, 943.133, 943.325, 944.02, and 944.023, |
10 | F.S., to conform; amending s. 944.10, F.S.; requiring the |
11 | Department of Corrections to assume certain correctional |
12 | facilities leases and lease-related obligations of the |
13 | commission; amending s. 944.105, F.S.; requiring the |
14 | department to assume certain contractual obligations of |
15 | the commission for certain private correctional |
16 | facilities; requiring the department to provide a contract |
17 | monitor for certain purposes; providing monitor duties; |
18 | authorizing the monitor to have unlimited access to |
19 | correctional facilities; creating s. 944.1054, F.S.; |
20 | requiring the Office of Program Policy and Government |
21 | Accountability to develop and implement an evaluation of |
22 | the costs and benefits of certain contracts and private |
23 | contractor performance; requiring a report to the |
24 | Legislature; amending ss. 944.115 and 944.17, F.S., to |
25 | conform; amending s. 944.516, F.S.; authorizing the |
26 | department to charge inmates a monthly administrative |
27 | processing fee for banking services; specifying a maximum |
28 | amount; providing for deposit and use of such fees; |
29 | amending s. 944.7031, F.S., to conform; amending s. |
30 | 944.717, F.S.; prohibiting bidders or potential bidders on |
31 | private correctional facility contracts from contacting |
32 | certain persons regarding any part of the proposal |
33 | process; providing exceptions; amending ss. 944.72, |
34 | 944.8041, 945.215, 945.35, 945.6034, 946.5025, 946.503, |
35 | and 951.27, F.S., to conform; providing effective dates. |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. (1) Sections 945.601, 945.602, 945.603, |
40 | 945.6031, 945.6032, 945.6035, 945.6036, 945.6037, Florida |
41 | Statutes, are repealed. |
42 | (2) Effective July 1, 2005, sections 957.01, 957.02, |
43 | 957.03, 957.04, 957.05, 957.06, 957.07, 957.08, 957.09, 957.11, |
44 | 957.12, 957.125, 957.13, 957.14, 957.15, and 957.16, Florida |
45 | Statutes, are repealed. |
46 | Section 2. Subsection (3) of section 381.90, Florida |
47 | Statutes, is amended to read: |
48 | 381.90 Health Information Systems Council; legislative |
49 | intent; creation, appointment, duties.-- |
50 | (3) The council shall be composed of the following members |
51 | or their senior executive-level designees: |
52 | (a) The secretary of the Department of Health; |
53 | (b) The secretary of the Department of Business and |
54 | Professional Regulation; |
55 | (c) The secretary of the Department of Children and Family |
56 | Services; |
57 | (d) The Secretary of Health Care Administration; |
58 | (e) The secretary of the Department of Corrections; |
59 | (f) The Attorney General; |
60 | (g) The executive director of the Correctional Medical |
61 | Authority; |
62 | (g)(h) Two members representing county health departments, |
63 | one from a small county and one from a large county, appointed |
64 | by the Governor; |
65 | (h)(i) A representative from the Florida Association of |
66 | Counties; |
67 | (i)(j) The Chief Financial Officer; |
68 | (j)(k) A representative from the Florida Healthy Kids |
69 | Corporation; |
70 | (k)(l) A representative from a school of public health |
71 | chosen by the Board of Regents; |
72 | (l)(m) The Commissioner of Education; |
73 | (m)(n) The secretary of the Department of Elderly Affairs; |
74 | and |
75 | (n)(o) The secretary of the Department of Juvenile |
76 | Justice. |
77 |
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78 | Representatives of the Federal Government may serve without |
79 | voting rights. |
80 | Section 3. Effective July 1, 2005, section 394.9151, |
81 | Florida Statutes, is amended to read: |
82 | 394.9151 Contract authority.--The Department of Children |
83 | and Family Services may contract with a private entity or state |
84 | agency for use of and operation of facilities to comply with the |
85 | requirements of this act. The Department of Children and Family |
86 | Services may also contract with the Correctional Privatization |
87 | Commission as defined in chapter 957 to issue a request for |
88 | proposals and monitor contract compliance for these services. |
89 | Section 4. Effective July 1, 2005, subsection (22) of |
90 | section 395.002, Florida Statutes, is amended to read: |
91 | 395.002 Definitions.--As used in this chapter: |
92 | (22) "Mobile surgical facility" is a mobile facility in |
93 | which licensed health care professionals provide elective |
94 | surgical care under contract with the Department of Corrections |
95 | or a private correctional facility operating pursuant to chapter |
96 | 957 and in which inmate patients are admitted to and discharged |
97 | from said facility within the same working day and are not |
98 | permitted to stay overnight. However, mobile surgical facilities |
99 | may only provide health care services to the inmate patients of |
100 | the Department of Corrections, or inmate patients of a private |
101 | correctional facility operating pursuant to chapter 957, and not |
102 | to the general public. |
103 | Section 5. Effective July 1, 2005, paragraph (j) of |
104 | subsection (3) of section 408.036, Florida Statutes, is amended |
105 | to read: |
106 | 408.036 Projects subject to review; exemptions.-- |
107 | (3) EXEMPTIONS.--Upon request, the following projects are |
108 | subject to exemption from the provisions of subsection (1): |
109 | (j) For mobile surgical facilities and related health care |
110 | services provided under contract with the Department of |
111 | Corrections or a private correctional facility operating |
112 | pursuant to chapter 957. |
113 | Section 6. Paragraph (a) of subsection (1) of section |
114 | 766.101, Florida Statutes, is amended to read: |
115 | 766.101 Medical review committee, immunity from |
116 | liability.-- |
117 | (1) As used in this section: |
118 | (a) The term "medical review committee" or "committee" |
119 | means: |
120 | 1.a. A committee of a hospital or ambulatory surgical |
121 | center licensed under chapter 395 or a health maintenance |
122 | organization certificated under part I of chapter 641, |
123 | b. A committee of a physician-hospital organization, a |
124 | provider-sponsored organization, or an integrated delivery |
125 | system, |
126 | c. A committee of a state or local professional society of |
127 | health care providers, |
128 | d. A committee of a medical staff of a licensed hospital |
129 | or nursing home, provided the medical staff operates pursuant to |
130 | written bylaws that have been approved by the governing board of |
131 | the hospital or nursing home, |
132 | e. A committee of the Department of Corrections or the |
133 | Correctional Medical Authority as created under s. 945.602, or |
134 | employees, agents, or consultants of either the department or |
135 | the authority or both, |
136 | f. A committee of a professional service corporation |
137 | formed under chapter 621 or a corporation organized under |
138 | chapter 607 or chapter 617, which is formed and operated for the |
139 | practice of medicine as defined in s. 458.305(3), and which has |
140 | at least 25 health care providers who routinely provide health |
141 | care services directly to patients, |
142 | g. A committee of a mental health treatment facility |
143 | licensed under chapter 394 or a community mental health center |
144 | as defined in s. 394.907, provided the quality assurance program |
145 | operates pursuant to the guidelines which have been approved by |
146 | the governing board of the agency, |
147 | h. A committee of a substance abuse treatment and |
148 | education prevention program licensed under chapter 397 provided |
149 | the quality assurance program operates pursuant to the |
150 | guidelines which have been approved by the governing board of |
151 | the agency, |
152 | i. A peer review or utilization review committee organized |
153 | under chapter 440, |
154 | j. A committee of the Department of Health, a county |
155 | health department, healthy start coalition, or certified rural |
156 | health network, when reviewing quality of care, or employees of |
157 | these entities when reviewing mortality records, or |
158 | k. A continuous quality improvement committee of a |
159 | pharmacy licensed pursuant to chapter 465, |
160 |
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161 | which committee is formed to evaluate and improve the quality of |
162 | health care rendered by providers of health service or to |
163 | determine that health services rendered were professionally |
164 | indicated or were performed in compliance with the applicable |
165 | standard of care or that the cost of health care rendered was |
166 | considered reasonable by the providers of professional health |
167 | services in the area; or |
168 | 2. A committee of an insurer, self-insurer, or joint |
169 | underwriting association of medical malpractice insurance, or |
170 | other persons conducting review under s. 766.106. |
171 | Section 7. Effective July 1, 2005, subsection (1) of |
172 | section 784.078, Florida Statutes, is amended to read: |
173 | 784.078 Battery of facility employee by throwing, tossing, |
174 | or expelling certain fluids or materials.-- |
175 | (1) As used in this section, the term "facility" means a |
176 | state correctional institution defined in s. 944.02(6); a |
177 | private correctional facility defined in s. 944.710 or under |
178 | chapter 957; a county, municipal, or regional jail or other |
179 | detention facility of local government under chapter 950 or |
180 | chapter 951; or a secure facility operated and maintained by the |
181 | Department of Corrections or the Department of Juvenile Justice. |
182 | Section 8. Effective July 1, 2005, subsection (8) of |
183 | section 943.053, Florida Statutes, is amended to read: |
184 | 943.053 Dissemination of criminal justice information; |
185 | fees.-- |
186 | (8) Notwithstanding the provisions of s. 943.0525, and any |
187 | user agreements adopted pursuant thereto, and notwithstanding |
188 | the confidentiality of sealed records as provided for in s. |
189 | 943.059, the Department of Corrections shall provide, in a |
190 | timely manner, copies of the Florida criminal history records |
191 | for inmates housed in a private state correctional facility to |
192 | the private entity under contract to operate the facility |
193 | pursuant to the provisions of s. 944.105 or s. 957.03. The |
194 | department may assess a charge for the Florida criminal history |
195 | records pursuant to the provisions of chapter 119. Sealed |
196 | records received by the private entity under this section remain |
197 | confidential and exempt from the provisions of s. 119.07(1). |
198 | Section 9. Effective July 1, 2005, section 943.13, Florida |
199 | Statutes, is amended to read: |
200 | 943.13 Officers' minimum qualifications for employment or |
201 | appointment.--On or after October 1, 1984, any person employed |
202 | or appointed as a full-time, part-time, or auxiliary law |
203 | enforcement officer or correctional officer; on or after October |
204 | 1, 1986, any person employed as a full-time, part-time, or |
205 | auxiliary correctional probation officer; and on or after |
206 | October 1, 1986, any person employed as a full-time, part-time, |
207 | or auxiliary correctional officer by a private entity under |
208 | contract to the Department of Corrections or, to a county |
209 | commission, or to the Correctional Privatization Commission |
210 | shall: |
211 | (1) Be at least 19 years of age. |
212 | (2) Be a citizen of the United States, notwithstanding any |
213 | law of the state to the contrary. |
214 | (3) Be a high school graduate or its "equivalent" as the |
215 | commission has defined the term by rule. |
216 | (4) Not have been convicted of any felony or of a |
217 | misdemeanor involving perjury or a false statement, or have |
218 | received a dishonorable discharge from any of the Armed Forces |
219 | of the United States. Any person who, after July 1, 1981, pleads |
220 | guilty or nolo contendere to or is found guilty of any felony or |
221 | of a misdemeanor involving perjury or a false statement is not |
222 | eligible for employment or appointment as an officer, |
223 | notwithstanding suspension of sentence or withholding of |
224 | adjudication. Notwithstanding this subsection, any person who |
225 | has pled nolo contendere to a misdemeanor involving a false |
226 | statement, prior to December 1, 1985, and has had such record |
227 | sealed or expunged shall not be deemed ineligible for employment |
228 | or appointment as an officer. |
229 | (5) Have documentation of his or her processed |
230 | fingerprints on file with the employing agency or, if a private |
231 | correctional officer, have documentation of his or her processed |
232 | fingerprints on file with the Department of Corrections or the |
233 | Criminal Justice Standards and Training Commission. If |
234 | administrative delays are caused by the department or the |
235 | Federal Bureau of Investigation and the person has complied with |
236 | subsections (1)-(4) and (6)-(9), he or she may be employed or |
237 | appointed for a period not to exceed 1 calendar year from the |
238 | date he or she was employed or appointed or until return of the |
239 | processed fingerprints documenting noncompliance with |
240 | subsections (1)-(4) or subsection (7), whichever occurs first. |
241 | (6) Have passed a physical examination by a licensed |
242 | physician or physician assistant, based on specifications |
243 | established by the commission. |
244 | (7) Have a good moral character as determined by a |
245 | background investigation under procedures established by the |
246 | commission. |
247 | (8) Execute and submit to the employing agency or, if a |
248 | private correctional officer, submit to the appropriate |
249 | governmental entity an affidavit-of-applicant form, adopted by |
250 | the commission, attesting to his or her compliance with |
251 | subsections (1)-(7). The affidavit shall be executed under oath |
252 | and constitutes an official statement within the purview of s. |
253 | 837.06. The affidavit shall include conspicuous language that |
254 | the intentional false execution of the affidavit constitutes a |
255 | misdemeanor of the second degree. The affidavit shall be |
256 | retained by the employing agency. |
257 | (9) Complete a commission-approved basic recruit training |
258 | program for the applicable criminal justice discipline, unless |
259 | exempt under this subsection. An applicant who has: |
260 | (a) Completed a comparable basic recruit training program |
261 | for the applicable criminal justice discipline in another state |
262 | or for the Federal Government; and |
263 | (b) Served as a full-time sworn officer in another state |
264 | or for the Federal Government for at least 1 year provided there |
265 | is no more than an 8-year break in employment, as measured from |
266 | the separation date of the most recent qualifying employment to |
267 | the time a complete application is submitted for an exemption |
268 | under this section, |
269 |
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270 | is exempt in accordance with s. 943.131(2) from completing the |
271 | commission-approved basic recruit training program. |
272 | (10) Achieve an acceptable score on the officer |
273 | certification examination for the applicable criminal justice |
274 | discipline. |
275 | (11) Comply with the continuing training or education |
276 | requirements of s. 943.135. |
277 | Section 10. Effective July 1, 2005, subsection (4) of |
278 | section 943.133, Florida Statutes, is amended to read: |
279 | 943.133 Responsibilities of employing agency, commission, |
280 | and program with respect to compliance with employment |
281 | qualifications and the conduct of background investigations; |
282 | injunctive relief.-- |
283 | (4) When the employing agency is a private entity under |
284 | contract to the county or the state pursuant to s. 944.105 or, |
285 | s. 951.062, or chapter 957, the contracting agency shall be |
286 | responsible for meeting the requirements of subsections (1), |
287 | (2), and (3). |
288 | Section 11. Effective July 1, 2005, paragraph (c) of |
289 | subsection (1) of section 943.325, Florida Statutes, is amended |
290 | to read: |
291 | 943.325 Blood or other biological specimen testing for DNA |
292 | analysis.-- |
293 | (1) |
294 | (c) As used in this section, the term "any person" |
295 | includes both juveniles and adults committed to a county jail or |
296 | committed to or under the supervision of the Department of |
297 | Corrections or the Department of Juvenile Justice, including |
298 | persons incarcerated in a private correctional institution |
299 | operated under contract pursuant to s. 944.105 or s. 957.03. |
300 | Section 12. Effective July 1, 2005, subsection (4) of |
301 | section 944.02, Florida Statutes, is amended to read: |
302 | 944.02 Definitions.--The following words and phrases used |
303 | in this chapter shall, unless the context clearly indicates |
304 | otherwise, have the following meanings: |
305 | (4) "Elderly offender" means a prisoner age 50 or older in |
306 | a state correctional institution or facility operated by the |
307 | Department of Corrections or the Correctional Privatization |
308 | Commission. |
309 | Section 13. Effective July 1, 2005, paragraph (b) of |
310 | subsection (1) of section 944.023, Florida Statutes, is amended |
311 | to read: |
312 | 944.023 Comprehensive correctional master plan.-- |
313 | (1) As used in this section, the term: |
314 | (b) "Total capacity" of the state correctional system |
315 | means the total design capacity of all institutions and |
316 | facilities in the state correctional system, which may include |
317 | those facilities authorized and funded under chapter 957, |
318 | increased by one-half, with the following exceptions: |
319 | 1. Medical and mental health beds must remain at design |
320 | capacity. |
321 | 2. Community-based contracted beds must remain at design |
322 | capacity. |
323 | 3. The one-inmate-per-cell requirement at Florida State |
324 | Prison and other maximum security facilities must be maintained |
325 | pursuant to paragraph (7)(a). |
326 | 4. Community correctional centers and drug treatment |
327 | centers must be increased by one-third. |
328 | 5. A housing unit may not exceed its maximum capacity |
329 | pursuant to paragraphs (7)(a) and (b). |
330 | 6. A number of beds equal to 5 percent of total capacity |
331 | shall be deducted for management beds at institutions. |
332 | Section 14. Effective July 1, 2005, subsection (8) is |
333 | added to section 944.10, Florida Statutes, to read: |
334 | 944.10 Department of Corrections to provide buildings; |
335 | sale and purchase of land; contracts to provide services and |
336 | inmate labor.-- |
337 | (8) The department shall assume the leases for Bay |
338 | Correctional Facility, Gadsden Correctional Facility, Lake City |
339 | Correctional Facility, Moore Haven Correctional Facility, and |
340 | South Bay Correctional Facility and all obligations related to |
341 | those leases of the former Correctional Privatization Commission |
342 | for land, buildings, and other improvements, including, but not |
343 | limited to, those financed by tax-exempt financing through the |
344 | issuance of tax-exempt bonds, certificates of participation, |
345 | lease-purchase agreements, or other tax-exempt financing |
346 | methods, as of July 1, 2005. |
347 | Section 15. Effective July 1, 2005, subsections (9) and |
348 | (10) are added to section 944.105, Florida Statutes, to read: |
349 | 944.105 Contractual arrangements with private entities for |
350 | operation and maintenance of correctional facilities and |
351 | supervision of inmates.-- |
352 | (9) The department shall assume contractual obligations of |
353 | the Correctional Privatization Commission in contracts for the |
354 | operation of private correctional facilities at Bay Correctional |
355 | Institution, Gadsden Correctional Institution, Lake City |
356 | Correctional Institution, Moore Haven Correctional Institution, |
357 | and South Bay Correctional Institution. |
358 | (10) The department shall provide a contract monitor to |
359 | oversee the contracts for the operation of the private |
360 | correctional facilities. The contractor shall provide suitable |
361 | office space for the contract monitor at each correctional |
362 | facility. The contract monitor shall have unlimited access to |
363 | each correctional facility. |
364 | Section 16. Section 944.1054, Florida Statutes, is created |
365 | to read: |
366 | 944.1054 Evaluation of costs and benefits of private |
367 | correctional facility contracts.--The Office of Program Policy |
368 | Analysis and Government Accountability shall develop and |
369 | implement an evaluation of the costs and benefits of each |
370 | contract entered into under this chapter. This evaluation must |
371 | include a comparison of the costs and benefits of constructing |
372 | and operating prisons by the state versus by private |
373 | contractors. The Office of Program Policy Analysis and |
374 | Government Accountability shall also evaluate the performance of |
375 | the private contractor at the end of the term of each management |
376 | contract and make recommendations to the Speaker of the House of |
377 | Representatives and the President of the Senate on whether to |
378 | continue the contract. |
379 | Section 17. Effective July 1, 2005, subsection (1) and |
380 | paragraphs (b) and (c) of subsection (2) of section 944.115, |
381 | Florida Statutes, are amended to read: |
382 | 944.115 Smoking prohibited inside state correctional |
383 | facilities.-- |
384 | (1) The purpose of this section is to protect the health, |
385 | comfort, and environment of employees of the Department of |
386 | Corrections, employees of privately operated correctional |
387 | facilities, employees of the Correctional Privatization |
388 | Commission, and inmates by prohibiting inmates from using |
389 | tobacco products inside any office or building within state |
390 | correctional facilities, and by ensuring that employees and |
391 | visitors do not use tobacco products inside any office or |
392 | building within state correctional facilities. Scientific |
393 | evidence links the use of tobacco products with numerous |
394 | significant health risks. The use of tobacco products by |
395 | inmates, employees, or visitors is contrary to efforts by the |
396 | Department of Corrections to reduce the cost of inmate health |
397 | care and to limit unnecessary litigation. The Department of |
398 | Corrections and the private vendors operating correctional |
399 | facilities shall make smoking-cessation assistance available to |
400 | inmates in order to implement this section. The Department of |
401 | Corrections and the private vendors operating correctional |
402 | facilities shall implement this section as soon as possible, and |
403 | all provisions of this section must be fully implemented by |
404 | January 1, 2000. |
405 | (2) As used in this section, the term: |
406 | (b) "Employee" means an employee of the department or a |
407 | private vendor in a contractual relationship with either the |
408 | Department of Corrections or the Correctional Privatization |
409 | Commission, and includes persons such as contractors, |
410 | volunteers, or law enforcement officers who are within a state |
411 | correctional facility to perform a professional service. |
412 | (c) "State correctional facility" means a state or |
413 | privately operated correctional institution as defined in s. |
414 | 944.02, or a correctional institution or facility operated under |
415 | s. 944.105 or chapter 957. |
416 | Section 18. Effective July 1, 2005, paragraph (b) of |
417 | subsection (3) of section 944.17, Florida Statutes, is amended |
418 | to read: |
419 | 944.17 Commitments and classification; transfers.-- |
420 | (3) |
421 | (b) Notwithstanding paragraph (a), any prisoner |
422 | incarcerated in the state correctional system or private |
423 | correctional facility operated pursuant to chapter 957 who is |
424 | convicted in circuit or county court of a crime committed during |
425 | that incarceration shall serve the sentence imposed for that |
426 | crime within the state correctional system regardless of the |
427 | length of sentence or classification of the offense. |
428 | Section 19. Paragraph (h) is added to subsection (1) of |
429 | section 944.516, Florida Statutes, to read: |
430 | 944.516 Money or other property received for personal use |
431 | or benefit of inmate; deposit; disposition of unclaimed trust |
432 | funds.--The Department of Corrections shall protect the |
433 | financial interest of the state with respect to claims which the |
434 | state may have against inmates in state institutions under its |
435 | supervision and control and shall administer money and other |
436 | property received for the personal benefit of such inmates. In |
437 | carrying out the provisions of this section, the department may |
438 | delegate any of its enumerated powers and duties affecting |
439 | inmates of an institution to the warden or regional director who |
440 | shall personally, or through designated employees of his or her |
441 | personal staff under his or her direct supervision, exercise |
442 | such powers or perform such duties. |
443 | (1) The Department of Corrections may: |
444 | (h) Charge an administrative processing fee of up to $5 |
445 | each month to inmates for banking services. Such fees shall be |
446 | deposited into the department's Grants and Donations Trust Fund |
447 | and shall be used to offset the cost of the department's |