HB 1875

1
A bill to be entitled
2An act relating to the operational authority for state
3correctional facilities; amending s. 20.315, F.S.,
4relating to the Florida Corrections Commission; requiring
5the commission to resolve certain disputes between the
6Department of Corrections and a contractor; deleting
7obsolete provisions concerning the staff of the
8commission; amending s. 287.042, F.S.; authorizing the
9Department of Management Services to enter into certain
10contracts, acquire contractual rights and obligations, and
11manage and enforce compliance with contracts of the
12Correctional Privatization Commission; amending s.
13394.9151, F.S.; authorizing the Department of Children and
14Family Services to contract with the Department of
15Management Services for the operation of facilities for
16sexually violent predators; amending s. 943.13, F.S.,
17relating to the qualifications for correctional officers;
18conforming provisions to changes made by the act; amending
19ss. 944.02, 944.115, 944.72, 944.8041, and 945.215, F.S.,
20relating to the state correctional system; requiring the
21Department of Management Services to assume the duties and
22responsibilities of the Correctional Privatization
23Commission; amending s. 957.01, F.S.; redesignating ch.
24957, F.S., as the "Correctional Privatization Act";
25amending ss. 957.02, 957.04, 957.06, 957.07, 957.08,
26957.13, 957.14, 957.15, and 957.16, F.S., and repealing s.
27957.03, F.S.; providing contract requirements for the
28Department of Management Services with respect to the
29operation of private correctional facilities; specifying
30duties of the Florida Corrections Commission; providing
31for the Department of Management Services to be the
32successor agency to the Correctional Privatization
33Commission with respect to contracts under ch. 957, F.S.,
34which are in effect on a specified date; requiring certain
35cooperative agreements between the Department of
36Management Services, contractors, and the Department of
37Corrections; specifying duties of the Department of
38Management Services with respect to the operation,
39maintenance, and lease-purchase of private correctional
40facilities and contract termination; providing for the
41modification and execution of agreements with contractors
42to conform to changes made by the act; amending s.
43944.516, F.S.; authorizing the department to charge
44inmates a monthly administrative processing fee for
45banking services; specifying a maximum amount; providing
46for deposit and use of such fees; providing effective
47dates.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Paragraphs (b) and (e) of subsection (6) of
52section 20.315, Florida Statutes, are amended to read:
53     20.315  Department of Corrections.--There is created a
54Department of Corrections.
55     (6)  FLORIDA CORRECTIONS COMMISSION.--
56     (b)  The primary functions of the commission are to:
57     1.  Recommend major correctional policies for the
58Governor's approval, and assure that approved policies and any
59revisions thereto are properly executed.
60     2.  Periodically review the status of the state
61correctional system and recommend improvements therein to the
62Governor and the Legislature.
63     3.  Annually perform an in-depth review of community-based
64intermediate sanctions and recommend to the Governor and the
65Legislature intergovernmental approaches through the Community
66Corrections Partnership Act for planning and implementing such
67sanctions and programs.
68     4.  Perform an in-depth evaluation of the annual budget
69request of the Department of Corrections, the comprehensive
70correctional master plan, and the tentative construction program
71for compliance with all applicable laws and established
72departmental policies. The commission may not consider
73individual construction projects, but shall consider methods of
74accomplishing the department's goals in the most effective,
75efficient, and businesslike manner.
76     5.  Routinely monitor the financial status of the
77Department of Corrections to assure that the department is
78managing revenue and any applicable bond proceeds responsibly
79and in accordance with law and established policy.
80     6.  Evaluate, at least quarterly, the efficiency,
81productivity, and management of the Department of Corrections,
82using performance and production standards developed by the
83department under former subsection (18).
84     7.  Provide public education on corrections and criminal
85justice issues.
86     8.  Report to the President of the Senate, the Speaker of
87the House of Representatives, and the Governor by November 1 of
88each year.
89     9.  Resolve disputes between the Department of Corrections
90and the contractors for the private correctional facilities
91entered into under chapter 957 when a contractor proposes to
92waive a rule, policy, or procedure concerning operation
93standards.
94     (e)  The commission shall appoint an executive director and
95an assistant executive director, who shall serve under the
96direction, supervision, and control of the commission. The
97executive director, with the consent of the commission, shall
98employ such staff as are necessary to perform adequately the
99functions of the commission, within budgetary limitations. All
100employees of the commission are exempt from part II of chapter
101110 and serve at the pleasure of the commission. The salaries
102and benefits of all employees of the commission shall be set in
103accordance with the Selected Exempt Service rules; however, the
104commission shall have complete authority for fixing the salaries
105of the executive director and the assistant executive director.
106The executive director and staff of the Task Force for Review of
107the Criminal Justice and Corrections System, created under
108chapter 93-404, Laws of Florida, shall serve as the staff for
109the commission until the commission hires an executive director.
110     Section 2.  Subsection (17) is added to section 287.042,
111Florida Statutes, to read:
112     287.042  Powers, duties, and functions.--The department
113shall have the following powers, duties, and functions:
114     (17)(a)  To enter into contracts pursuant to chapter 957,
115and to acquire the contractual rights and assume the contractual
116obligations of the Correctional Privatization Commission in
117contracts previously entered into pursuant to chapter 957, for
118the designing, financing, acquiring, leasing, constructing, or
119operating of private correctional facilities. The department
120shall enter into a contract or contracts with one contractor per
121facility for the designing, acquiring, financing, leasing,
122constructing, and operating of that facility or may, if
123specifically authorized by the Legislature, separately contract
124for any such services.
125     (b)  To manage and enforce compliance with existing or
126future contracts entered into pursuant to chapter 957.
127
128The department may not delegate the responsibilities conferred
129by this subsection.
130     Section 3.  Section 394.9151, Florida Statutes, is amended
131to read:
132     394.9151  Contract authority.--The Department of Children
133and Family Services may contract with a private entity or state
134agency for use of and operation of facilities to comply with the
135requirements of this act. The Department of Children and Family
136Services may also contract with the Department of Management
137Services Correctional Privatization Commission as defined in
138chapter 957 to issue a request for proposals and monitor
139contract compliance for these services.
140     Section 4.  Section 943.13, Florida Statutes, is amended to
141read:
142     943.13  Officers' minimum qualifications for employment or
143appointment.--On or after October 1, 1984, any person employed
144or appointed as a full-time, part-time, or auxiliary law
145enforcement officer or correctional officer; on or after October
1461, 1986, any person employed as a full-time, part-time, or
147auxiliary correctional probation officer; and on or after
148October 1, 1986, any person employed as a full-time, part-time,
149or auxiliary correctional officer by a private entity under
150contract to the Department of Corrections, to a county
151commission, or to the Department of Management Services
152Correctional Privatization Commission shall:
153     (1)  Be at least 19 years of age.
154     (2)  Be a citizen of the United States, notwithstanding any
155law of the state to the contrary.
156     (3)  Be a high school graduate or its "equivalent" as the
157commission has defined the term by rule.
158     (4)  Not have been convicted of any felony or of a
159misdemeanor involving perjury or a false statement, or have
160received a dishonorable discharge from any of the Armed Forces
161of the United States. Any person who, after July 1, 1981, pleads
162guilty or nolo contendere to or is found guilty of any felony or
163of a misdemeanor involving perjury or a false statement is not
164eligible for employment or appointment as an officer,
165notwithstanding suspension of sentence or withholding of
166adjudication. Notwithstanding this subsection, any person who
167has pled nolo contendere to a misdemeanor involving a false
168statement, prior to December 1, 1985, and has had such record
169sealed or expunged shall not be deemed ineligible for employment
170or appointment as an officer.
171     (5)  Have documentation of his or her processed
172fingerprints on file with the employing agency or, if a private
173correctional officer, have documentation of his or her processed
174fingerprints on file with the Department of Corrections or the
175Criminal Justice Standards and Training Commission. If
176administrative delays are caused by the department or the
177Federal Bureau of Investigation and the person has complied with
178subsections (1)-(4) and(6)-(9), he or she may be employed or
179appointed for a period not to exceed 1 calendar year from the
180date he or she was employed or appointed or until return of the
181processed fingerprints documenting noncompliance with
182subsections (1)-(4) or subsection (7), whichever occurs first.
183     (6)  Have passed a physical examination by a licensed
184physician or physician assistant, based on specifications
185established by the commission.
186     (7)  Have a good moral character as determined by a
187background investigation under procedures established by the
188commission.
189     (8)  Execute and submit to the employing agency or, if a
190private correctional officer, submit to the appropriate
191governmental entity an affidavit-of-applicant form, adopted by
192the commission, attesting to his or her compliance with
193subsections (1)-(7). The affidavit shall be executed under oath
194and constitutes an official statement within the purview of s.
195837.06. The affidavit shall include conspicuous language that
196the intentional false execution of the affidavit constitutes a
197misdemeanor of the second degree. The affidavit shall be
198retained by the employing agency.
199     (9)  Complete a commission-approved basic recruit training
200program for the applicable criminal justice discipline, unless
201exempt under this subsection. An applicant who has:
202     (a)  Completed a comparable basic recruit training program
203for the applicable criminal justice discipline in another state
204or for the Federal Government; and
205     (b)  Served as a full-time sworn officer in another state
206or for the Federal Government for at least 1 year provided there
207is no more than an 8-year break in employment, as measured from
208the separation date of the most recent qualifying employment to
209the time a complete application is submitted for an exemption
210under this section,
211
212is exempt in accordance with s. 943.131(2) from completing the
213commission-approved basic recruit training program.
214     (10)  Achieve an acceptable score on the officer
215certification examination for the applicable criminal justice
216discipline.
217     (11)  Comply with the continuing training or education
218requirements of s. 943.135.
219     Section 5.  Subsection (4) of section 944.02, Florida
220Statutes, is amended to read:
221     944.02  Definitions.--The following words and phrases used
222in this chapter shall, unless the context clearly indicates
223otherwise, have the following meanings:
224     (4)  "Elderly offender" means a prisoner age 50 or older in
225a state correctional institution or facility operated by the
226Department of Corrections or the Department of Management
227Services Correctional Privatization Commission.
228     Section 6.  Subsection (1) and paragraph (b) of subsection
229(2) of section 944.115, Florida Statutes, are amended to read:
230     944.115  Smoking prohibited inside state correctional
231facilities.--
232     (1)  The purpose of this section is to protect the health,
233comfort, and environment of employees of the Department of
234Corrections, employees of privately operated correctional
235facilities, employees of the Correctional Privatization
236Commission, and inmates by prohibiting inmates from using
237tobacco products inside any office or building within state
238correctional facilities, and by ensuring that employees and
239visitors do not use tobacco products inside any office or
240building within state correctional facilities. Scientific
241evidence links the use of tobacco products with numerous
242significant health risks. The use of tobacco products by
243inmates, employees, or visitors is contrary to efforts by the
244Department of Corrections to reduce the cost of inmate health
245care and to limit unnecessary litigation. The Department of
246Corrections and the private vendors operating correctional
247facilities shall make smoking-cessation assistance available to
248inmates in order to implement this section. The Department of
249Corrections and the private vendors operating correctional
250facilities shall implement this section as soon as possible, and
251all provisions of this section must be fully implemented by
252January 1, 2000.
253     (2)  As used in this section, the term:
254     (b)  "Employee" means an employee of the department or a
255private vendor in a contractual relationship with either the
256Department of Corrections or the Department of Management
257Services Correctional Privatization Commission, and includes
258persons such as contractors, volunteers, or law enforcement
259officers who are within a state correctional facility to perform
260a professional service.
261     Section 7.  Subsection (1) of section 944.72, Florida
262Statutes, is amended to read:
263     944.72  Privately Operated Institutions Inmate Welfare
264Trust Fund.--
265     (1)  There is hereby created in the Department of
266Corrections the Privately Operated Institutions Inmate Welfare
267Trust Fund. The purpose of the trust fund shall be the benefit
268and welfare of inmates incarcerated in private correctional
269facilities under contract with the department pursuant to
270chapter 944 or the Department of Management Services
271Correctional Privatization Commission pursuant to chapter 957.
272Moneys shall be deposited in the trust fund and expenditures
273made from the trust fund as provided in s. 945.215.
274     Section 8.  Section 944.8041, Florida Statutes, is amended
275to read:
276     944.8041  Elderly offenders; annual review.--For the
277purpose of providing information to the Legislature on elderly
278offenders within the correctional system, the Florida
279Corrections Commission and the Correctional Medical Authority
280shall each submit annually a report on the status and treatment
281of elderly offenders in the state-administered and private state
282correctional systems, as well as such information on the River
283Junction Correctional Institution.  In order to adequately
284prepare the reports, the Department of Corrections and the
285Department of Management Services Correctional Privatization
286Commission shall grant access to the Florida Corrections
287Commission and the Correctional Medical Authority which includes
288access to the facilities, offenders, and any information the
289agencies require to complete their reports.  The review shall
290also include an examination of promising geriatric policies,
291practices, and programs currently implemented in other
292correctional systems within the United States.  The reports,
293with specific findings and recommendations for implementation,
294shall be submitted to the President of the Senate and the
295Speaker of the House of Representatives on or before December 31
296of each year.
297     Section 9.  Paragraphs (a) and (c) of subsection (2) of
298section 945.215, Florida Statutes, are amended to read:
299     945.215  Inmate welfare and employee benefit trust funds.--
300     (2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
301FUND; PRIVATE CORRECTIONAL FACILITIES.--
302     (a)  For purposes of this subsection, privately operated
303institutions or private correctional facilities are those
304correctional facilities under contract with the department
305pursuant to chapter 944 or the Department of Management Services
306Correctional Privatization Commission pursuant to chapter 957.
307     (c)  The Department of Management Services Correctional
308Privatization Commission shall annually compile a report that
309documents Privately Operated Institutions Inmate Welfare Trust
310Fund receipts and expenditures at each private correctional
311facility. This report must specifically identify receipt sources
312and expenditures. The Department of Management Services
313Correctional Privatization Commission shall compile this report
314for the prior fiscal year and shall submit the report by
315September 1 of each year to the chairs of the appropriate
316substantive and fiscal committees of the Senate and House of
317Representatives and to the Executive Office of the Governor.
318     Section 10.  Section 957.01, Florida Statutes, is amended
319to read:
320     957.01  Short title.--This chapter may be cited as the
321"Correctional Privatization Commission Act."
322     Section 11.  Effective July 1, 2005, section 957.02,
323Florida Statutes, is amended to read:
324     957.02  Definitions.--As used in this chapter,:
325     (1)  "Commission" means the Correctional Privatization
326Commission.
327     (2)  "department" means the Department of Corrections.
328     Section 12.  Effective July 1, 2005, section 957.03,
329Florida Statutes, is repealed.
330     Section 13.  Section 957.04, Florida Statutes, is amended
331to read:
332     957.04  Contract requirements.--
333     (1)  A contract entered into under this chapter for the
334operation of private correctional facilities shall maximize the
335cost savings of such facilities and shall:
336     (a)  Be negotiated with the firm found most qualified.
337However, a contract for private correctional services may not be
338entered into by the Department of Management Services commission
339unless the Department of Management Services commission
340determines that the contractor has demonstrated that it has:
341     1.  The qualifications, experience, and management
342personnel necessary to carry out the terms of the contract.
343     2.  The ability to expedite the siting, design, and
344construction of correctional facilities.
345     3.  The ability to comply with applicable laws, court
346orders, and national correctional standards.
347     (b)  Indemnify the state and the department, including
348their officials and agents, against any and all liability,
349including, but not limited to, civil rights liability.  Proof of
350satisfactory insurance is required in an amount to be determined
351by the Department of Management Services commission, following
352consultation with the Division of Risk Management of the
353Department of Financial Services.  Not less than 30 days prior
354to the release of each request for proposals by the commission,
355the commission shall request the written recommendation of the
356division regarding indemnification of the state and the
357department under this paragraph.  Within 15 days after such
358request, the division shall provide a written recommendation to
359the commission regarding the amount and manner of such
360indemnification.  The commission shall adopt the division's
361recommendation unless, based on substantial competent evidence,
362the commission determines a different amount and manner of
363indemnification is sufficient.
364     (c)  Require that the contractor seek, obtain, and maintain
365accreditation by the American Correctional Association for the
366facility under that contract.  Compliance with amendments to the
367accreditation standards of the association is required upon the
368approval of such amendments by the commission.
369     (d)  Require that the proposed facilities and the
370management plans for the inmates meet applicable American
371Correctional Association standards and the requirements of all
372applicable court orders and state law.
373     (e)  Establish operations standards for correctional
374facilities subject to the contract. However, if the department
375and the contractor disagree with an operations standard, the
376contractor The commission may propose to waive any rule, policy,
377or procedure of the department related to the operations
378standards of correctional facilities which is that are
379inconsistent with the mission of the contractor commission to
380establish cost-effective, privately operated correctional
381facilities. The Florida Corrections Commission shall be
382responsible for considering all proposals from the contractor to
383waive any rule, policy, or procedure and shall render a final
384decision granting or denying such request.
385     (f)  Require the contractor to be responsible for a range
386of dental, medical, and psychological services; diet; education;
387and work programs at least equal to those provided by the
388department in comparable facilities. The work and education
389programs must be designed to reduce recidivism, and include
390opportunities to participate in such work programs as authorized
391pursuant to s. 946.523.
392     (g)  Require the selection and appointment of a full-time
393contract monitor. The contract monitor shall be appointed and
394supervised by the Department of Management Services commission.
395The contractor is required to reimburse the Department of
396Management Services commission for the salary and expenses of
397the contract monitor. It is the obligation of the contractor to
398provide suitable office space for the contract monitor at the
399correctional facility. The contract monitor shall have unlimited
400access to the correctional facility.
401     (h)  Be for a period of 3 years and may be renewed for
402successive 2-year periods thereafter.  However, the state is not
403obligated for any payments to the contractor beyond current
404annual appropriations.
405     (2)  Each contract entered into for the design and
406construction of a private correctional facility or juvenile
407commitment facility must include:
408     (a)  Notwithstanding any provision of chapter 255 to the
409contrary, a specific provision authorizing the use of tax-exempt
410financing through the issuance of tax-exempt bonds, certificates
411of participation, lease-purchase agreements, or other tax-exempt
412financing methods.  Pursuant to s. 255.25, approval is hereby
413provided for the lease-purchase of up to two private
414correctional facilities and any other facility authorized by the
415General Appropriations Act.
416     (b)  A specific provision requiring the design and
417construction of the proposed facilities to meet the applicable
418standards of the American Correctional Association and the
419requirements of all applicable court orders and state law.
420     (c)  A specific provision requiring the contractor, and not
421the Department of Management Services commission, to obtain the
422financing required to design and construct the private
423correctional facility or juvenile commitment facility built
424under this chapter.
425     (d)  A specific provision stating that the state is not
426obligated for any payments that exceed the amount of the current
427annual appropriation.
428     (3)(a)  Each contract for the designing, financing,
429acquiring, leasing, constructing, and operating of a private
430correctional facility shall be subject to ss. 255.2502 and
431255.2503.
432     (b)  Each contract for the designing, financing, acquiring,
433leasing, and constructing of a private juvenile commitment
434facility shall be subject to ss. 255.2502 and 255.2503.
435     (4)  A contract entered into under this chapter does not
436accord third-party beneficiary status to any inmate or juvenile
437offender or to any member of the general public.
438     (5)  Each contract entered into by the Department of
439Management Services commission must include substantial minority
440participation unless demonstrated by evidence, after a good
441faith effort, as impractical and must also include any other
442requirements the Department of Management Services commission
443considers necessary and appropriate for carrying out the
444purposes of this chapter.
445     (6)  Notwithstanding s. 253.025(7), the Board of Trustees
446of the Internal Improvement Trust Fund need not approve a lease-
447purchase agreement negotiated by the Department of Management
448Services commission if the Department of Management Services
449commission finds that there is a need to expedite the lease-
450purchase.
451     (7)(a)  Notwithstanding s. 253.025 or s. 287.057, whenever
452the Department of Management Services commission finds it to be
453in the best interest of timely site acquisition, it may contract
454without the need for competitive selection with one or more
455appraisers whose names are contained on the list of approved
456appraisers maintained by the Division of State Lands of the
457Department of Environmental Protection in accordance with s.
458253.025(6)(b). In those instances when the Department of
459Management Services commission directly contracts for appraisal
460services, it shall also contract with an approved appraiser who
461is not employed by the same appraisal firm for review services.
462     (b)  Notwithstanding s. 253.025(6), the Department of
463Management Services commission may negotiate and enter into
464lease-purchase agreements before an appraisal is obtained. Any
465such agreement must state that the final purchase price cannot
466exceed the maximum value allowed by law.
467     (8)  Notwithstanding s. 957.03(4), the Department of
468Management Services shall be the successor agency for the
469Correctional Privatization Commission in all contracts entered
470into pursuant to this chapter which are in effect on July 1,
4712004. Buildings and other improvements to real property which
472are financed under paragraph (2)(a) and which are leased to the
473Correctional Privatization Commission are considered to be owned
474by the Correctional Privatization Commission for the purposes of
475this section whereby the terms of the lease, the buildings, and
476other improvements will become the property of the state at the
477expiration of the lease. For any facility that is bid and built
478under the authority of requests for proposals made by the
479Correctional Privatization Commission between December 1993 and
480October 1994 and that is operated by a private vendor, a payment
481in lieu of taxes, from funds appropriated for the Correctional
482Privatization Commission, shall be paid until the expiration of
483the lease to local taxing authorities in the local government in
484which the facility is located in an amount equal to the ad
485valorem taxes assessed by counties, municipalities, school
486districts, and special districts.
487     Section 14.  Subsections (2) and (7) of section 957.06,
488Florida Statutes, are amended to read:
489     957.06  Powers and duties not delegable to contractor.--A
490contract entered into under this chapter does not authorize,
491allow, or imply a delegation of authority to the contractor to:
492     (2)  Choose the facility to which an inmate is initially
493assigned or subsequently transferred. The contractor may
494request, in writing, that an inmate be transferred to a facility
495operated by the department. The Department of Management
496Services commission, the contractor, and a representative of the
497department shall develop and implement a cooperative agreement
498for transferring inmates between a correctional facility
499operated by the department and a private correctional facility.
500The department, the Department of Management Services
501commission, and the contractor must comply with the cooperative
502agreement.
503     (7)  Develop and implement requirements that inmates engage
504in any type of work, except to the extent that those
505requirements are accepted by the commission.
506     Section 15.  Subsection (1) and paragraph (d) of subsection
507(5) of section 957.07, Florida Statutes, are amended to read:
508     957.07  Cost-saving requirements.--
509     (1)  The Department of Management Services commission may
510not enter into a contract or series of contracts unless the
511department commission determines that the contract or series of
512contracts in total for the facility will result in a cost
513savings to the state of at least 7 percent over the public
514provision of a similar facility. Such cost savings as determined
515by the Department of Management Services commission must be
516based upon the actual costs associated with the construction and
517operation of similar facilities or services as determined by the
518Department of Corrections and certified by the Auditor General.
519The Department of Corrections shall calculate all of the cost
520components that determine the inmate per diem in correctional
521facilities of a substantially similar size, type, and location
522that are operated by the Department of Corrections, including
523administrative costs associated with central administration.
524Services that are provided to the Department of Corrections by
525other governmental agencies at no direct cost to the department
526shall be assigned an equivalent cost and included in the per
527diem.
528     (5)
529     (d)  If a private vendor chooses not to renew the contract
530at the appropriated level, the Department of Management Services
531commission shall terminate the contract as provided in s.
532957.14.
533     Section 16.  Section 957.08, Florida Statutes, is amended
534to read:
535     957.08  Capacity requirements.--The Department of
536Corrections shall transfer and assign prisoners, at a rate to be
537determined by the commission, to each private correctional
538facility opened pursuant to this chapter in an amount not less
539than 90 percent or more than 100 percent of the capacity of the
540facility pursuant to the contract with the Department of
541Management Services commission.  The prisoners transferred by
542the Department of Corrections shall represent a cross section of
543the general inmate population, based on the grade of custody or
544the offense of conviction, at the most comparable facility
545operated by the department.
546     Section 17.  Subsection (2) of section 957.13, Florida
547Statutes, is amended to read:
548     957.13  Background checks.--
549     (2)  The Florida Department of Law Enforcement may, to the
550extent provided for by federal law, provide for the exchange of
551state, multistate, and federal criminal history records of
552individuals who apply for employment at a private correctional
553facility with the Correctional Privatization Commission for the
554purpose of conducting background checks as required by law or
555contract the commission.
556     Section 18.  Section 957.14, Florida Statutes, is amended
557to read:
558     957.14  Contract termination and control of a correctional
559facility by the department.--A detailed plan shall be provided
560by a private vendor under which the department shall assume
561temporary control of a private correctional facility upon
562termination of the contract. The Department of Management
563Services commission may terminate the contract with cause after
564written notice of material deficiencies and after 60 workdays in
565order to correct the material deficiencies. If any event occurs
566that involves the noncompliance with or violation of contract
567terms and that presents a serious threat to the safety, health,
568or security of the inmates, employees, or the public, the
569department may temporarily assume control of the private
570correctional facility, with the approval of the Department of
571Management Services commission. A plan shall also be provided by
572a private vendor for the purchase and temporary assumption of
573operations of a correctional facility by the department in the
574event of bankruptcy or the financial insolvency of the private
575vendor. The private vendor shall provide an emergency plan to
576address inmate disturbances, employee work stoppages, strikes,
577or other serious events in accordance with standards of the
578American Correctional Association.
579     Section 19.  Section 957.15, Florida Statutes, is amended
580to read:
581     957.15  Funding of contracts for operation, maintenance,
582and lease-purchase of private correctional facilities.--The
583request for appropriation of funds to make payments pursuant to
584contracts entered into by the Department of Management Services
585commission for the operation, maintenance, and lease-purchase of
586the private correctional facilities authorized by this chapter
587shall be made by the Department of Management Services
588commission in a request to the department.  The department shall
589include such request in its budget request to the Legislature as
590a separately identified item and shall forward the request of
591the Department of Management Services commission without change.
592After an appropriation has been made by the Legislature to the
593department for the private correctional facilities commission,
594the department shall have no authority over such funds other
595than to pay from such appropriation to the appropriate private
596vendor such amounts as are certified for payment by the
597Department of Management Services commission.
598     Section 20.  Section 957.16, Florida Statutes, is amended
599to read:
600     957.16  Expanding capacity.--The Department of Management
601Services commission is authorized to modify and execute
602agreements with contractors to expand up to the total capacity
603of contracted correctional facilities.  Total capacity means the
604design capacity of all contracted correctional facilities
605increased by one-half as described under s. 944.023(1)(b). Any
606additional beds authorized under this section must comply with
607the cost-saving requirements set forth in s. 957.07. Any
608additional beds authorized as a result of expanded capacity
609under this section are contingent upon specified appropriations.
610     Section 21.  Paragraph (h) is added to subsection (1) of
611section 944.516, Florida Statutes, to read:
612     944.516  Money or other property received for personal use
613or benefit of inmate; deposit; disposition of unclaimed trust
614funds.--The Department of Corrections shall protect the
615financial interest of the state with respect to claims which the
616state may have against inmates in state institutions under its
617supervision and control and shall administer money and other
618property received for the personal benefit of such inmates. In
619carrying out the provisions of this section, the department may
620delegate any of its enumerated powers and duties affecting
621inmates of an institution to the warden or regional director who
622shall personally, or through designated employees of his or her
623personal staff under his or her direct supervision, exercise
624such powers or perform such duties.
625     (1)  The Department of Corrections may:
626     (h)  Charge an administrative processing fee of up to $6
627each month to inmates for banking services. Such fees shall be
628deposited into the department's Grants and Donations Trust Fund
629and shall be used to offset the cost of the department's


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