1 | A bill to be entitled |
2 | An act relating to the operational authority for state |
3 | correctional facilities; amending s. 20.315, F.S., |
4 | relating to the Florida Corrections Commission; requiring |
5 | the commission to resolve certain disputes between the |
6 | Department of Corrections and a contractor; deleting |
7 | obsolete provisions concerning the staff of the |
8 | commission; amending s. 287.042, F.S.; authorizing the |
9 | Department of Management Services to enter into certain |
10 | contracts, acquire contractual rights and obligations, and |
11 | manage and enforce compliance with contracts of the |
12 | Correctional Privatization Commission; amending s. |
13 | 394.9151, F.S.; authorizing the Department of Children and |
14 | Family Services to contract with the Department of |
15 | Management Services for the operation of facilities for |
16 | sexually violent predators; amending s. 943.13, F.S., |
17 | relating to the qualifications for correctional officers; |
18 | conforming provisions to changes made by the act; amending |
19 | ss. 944.02, 944.115, 944.72, 944.8041, and 945.215, F.S., |
20 | relating to the state correctional system; requiring the |
21 | Department of Management Services to assume the duties and |
22 | responsibilities of the Correctional Privatization |
23 | Commission; amending s. 957.01, F.S.; redesignating ch. |
24 | 957, F.S., as the "Correctional Privatization Act"; |
25 | amending ss. 957.02, 957.04, 957.06, 957.07, 957.08, |
26 | 957.13, 957.14, 957.15, and 957.16, F.S., and repealing s. |
27 | 957.03, F.S.; providing contract requirements for the |
28 | Department of Management Services with respect to the |
29 | operation of private correctional facilities; specifying |
30 | duties of the Florida Corrections Commission; providing |
31 | for the Department of Management Services to be the |
32 | successor agency to the Correctional Privatization |
33 | Commission with respect to contracts under ch. 957, F.S., |
34 | which are in effect on a specified date; requiring certain |
35 | cooperative agreements between the Department of |
36 | Management Services, contractors, and the Department of |
37 | Corrections; specifying duties of the Department of |
38 | Management Services with respect to the operation, |
39 | maintenance, and lease-purchase of private correctional |
40 | facilities and contract termination; providing for the |
41 | modification and execution of agreements with contractors |
42 | to conform to changes made by the act; amending s. |
43 | 944.516, F.S.; authorizing the department to charge |
44 | inmates a monthly administrative processing fee for |
45 | banking services; specifying a maximum amount; providing |
46 | for deposit and use of such fees; providing effective |
47 | dates. |
48 |
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49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
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51 | Section 1. Paragraphs (b) and (e) of subsection (6) of |
52 | section 20.315, Florida Statutes, are amended to read: |
53 | 20.315 Department of Corrections.--There is created a |
54 | Department 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 |
58 | Governor's approval, and assure that approved policies and any |
59 | revisions thereto are properly executed. |
60 | 2. Periodically review the status of the state |
61 | correctional system and recommend improvements therein to the |
62 | Governor and the Legislature. |
63 | 3. Annually perform an in-depth review of community-based |
64 | intermediate sanctions and recommend to the Governor and the |
65 | Legislature intergovernmental approaches through the Community |
66 | Corrections Partnership Act for planning and implementing such |
67 | sanctions and programs. |
68 | 4. Perform an in-depth evaluation of the annual budget |
69 | request of the Department of Corrections, the comprehensive |
70 | correctional master plan, and the tentative construction program |
71 | for compliance with all applicable laws and established |
72 | departmental policies. The commission may not consider |
73 | individual construction projects, but shall consider methods of |
74 | accomplishing the department's goals in the most effective, |
75 | efficient, and businesslike manner. |
76 | 5. Routinely monitor the financial status of the |
77 | Department of Corrections to assure that the department is |
78 | managing revenue and any applicable bond proceeds responsibly |
79 | and in accordance with law and established policy. |
80 | 6. Evaluate, at least quarterly, the efficiency, |
81 | productivity, and management of the Department of Corrections, |
82 | using performance and production standards developed by the |
83 | department under former subsection (18). |
84 | 7. Provide public education on corrections and criminal |
85 | justice issues. |
86 | 8. Report to the President of the Senate, the Speaker of |
87 | the House of Representatives, and the Governor by November 1 of |
88 | each year. |
89 | 9. Resolve disputes between the Department of Corrections |
90 | and the contractors for the private correctional facilities |
91 | entered into under chapter 957 when a contractor proposes to |
92 | waive a rule, policy, or procedure concerning operation |
93 | standards. |
94 | (e) The commission shall appoint an executive director and |
95 | an assistant executive director, who shall serve under the |
96 | direction, supervision, and control of the commission. The |
97 | executive director, with the consent of the commission, shall |
98 | employ such staff as are necessary to perform adequately the |
99 | functions of the commission, within budgetary limitations. All |
100 | employees of the commission are exempt from part II of chapter |
101 | 110 and serve at the pleasure of the commission. The salaries |
102 | and benefits of all employees of the commission shall be set in |
103 | accordance with the Selected Exempt Service rules; however, the |
104 | commission shall have complete authority for fixing the salaries |
105 | of the executive director and the assistant executive director. |
106 | The executive director and staff of the Task Force for Review of |
107 | the Criminal Justice and Corrections System, created under |
108 | chapter 93-404, Laws of Florida, shall serve as the staff for |
109 | the commission until the commission hires an executive director. |
110 | Section 2. Subsection (17) is added to section 287.042, |
111 | Florida Statutes, to read: |
112 | 287.042 Powers, duties, and functions.--The department |
113 | shall have the following powers, duties, and functions: |
114 | (17)(a) To enter into contracts pursuant to chapter 957, |
115 | and to acquire the contractual rights and assume the contractual |
116 | obligations of the Correctional Privatization Commission in |
117 | contracts previously entered into pursuant to chapter 957, for |
118 | the designing, financing, acquiring, leasing, constructing, or |
119 | operating of private correctional facilities. The department |
120 | shall enter into a contract or contracts with one contractor per |
121 | facility for the designing, acquiring, financing, leasing, |
122 | constructing, and operating of that facility or may, if |
123 | specifically authorized by the Legislature, separately contract |
124 | for any such services. |
125 | (b) To manage and enforce compliance with existing or |
126 | future contracts entered into pursuant to chapter 957. |
127 |
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128 | The department may not delegate the responsibilities conferred |
129 | by this subsection. |
130 | Section 3. Section 394.9151, Florida Statutes, is amended |
131 | to read: |
132 | 394.9151 Contract authority.--The Department of Children |
133 | and Family Services may contract with a private entity or state |
134 | agency for use of and operation of facilities to comply with the |
135 | requirements of this act. The Department of Children and Family |
136 | Services may also contract with the Department of Management |
137 | Services Correctional Privatization Commission as defined in |
138 | chapter 957 to issue a request for proposals and monitor |
139 | contract compliance for these services. |
140 | Section 4. Section 943.13, Florida Statutes, is amended to |
141 | read: |
142 | 943.13 Officers' minimum qualifications for employment or |
143 | appointment.--On or after October 1, 1984, any person employed |
144 | or appointed as a full-time, part-time, or auxiliary law |
145 | enforcement officer or correctional officer; on or after October |
146 | 1, 1986, any person employed as a full-time, part-time, or |
147 | auxiliary correctional probation officer; and on or after |
148 | October 1, 1986, any person employed as a full-time, part-time, |
149 | or auxiliary correctional officer by a private entity under |
150 | contract to the Department of Corrections, to a county |
151 | commission, or to the Department of Management Services |
152 | Correctional Privatization Commission shall: |
153 | (1) Be at least 19 years of age. |
154 | (2) Be a citizen of the United States, notwithstanding any |
155 | law of the state to the contrary. |
156 | (3) Be a high school graduate or its "equivalent" as the |
157 | commission has defined the term by rule. |
158 | (4) Not have been convicted of any felony or of a |
159 | misdemeanor involving perjury or a false statement, or have |
160 | received a dishonorable discharge from any of the Armed Forces |
161 | of the United States. Any person who, after July 1, 1981, pleads |
162 | guilty or nolo contendere to or is found guilty of any felony or |
163 | of a misdemeanor involving perjury or a false statement is not |
164 | eligible for employment or appointment as an officer, |
165 | notwithstanding suspension of sentence or withholding of |
166 | adjudication. Notwithstanding this subsection, any person who |
167 | has pled nolo contendere to a misdemeanor involving a false |
168 | statement, prior to December 1, 1985, and has had such record |
169 | sealed or expunged shall not be deemed ineligible for employment |
170 | or appointment as an officer. |
171 | (5) Have documentation of his or her processed |
172 | fingerprints on file with the employing agency or, if a private |
173 | correctional officer, have documentation of his or her processed |
174 | fingerprints on file with the Department of Corrections or the |
175 | Criminal Justice Standards and Training Commission. If |
176 | administrative delays are caused by the department or the |
177 | Federal Bureau of Investigation and the person has complied with |
178 | subsections (1)-(4) and(6)-(9), he or she may be employed or |
179 | appointed for a period not to exceed 1 calendar year from the |
180 | date he or she was employed or appointed or until return of the |
181 | processed fingerprints documenting noncompliance with |
182 | subsections (1)-(4) or subsection (7), whichever occurs first. |
183 | (6) Have passed a physical examination by a licensed |
184 | physician or physician assistant, based on specifications |
185 | established by the commission. |
186 | (7) Have a good moral character as determined by a |
187 | background investigation under procedures established by the |
188 | commission. |
189 | (8) Execute and submit to the employing agency or, if a |
190 | private correctional officer, submit to the appropriate |
191 | governmental entity an affidavit-of-applicant form, adopted by |
192 | the commission, attesting to his or her compliance with |
193 | subsections (1)-(7). The affidavit shall be executed under oath |
194 | and constitutes an official statement within the purview of s. |
195 | 837.06. The affidavit shall include conspicuous language that |
196 | the intentional false execution of the affidavit constitutes a |
197 | misdemeanor of the second degree. The affidavit shall be |
198 | retained by the employing agency. |
199 | (9) Complete a commission-approved basic recruit training |
200 | program for the applicable criminal justice discipline, unless |
201 | exempt under this subsection. An applicant who has: |
202 | (a) Completed a comparable basic recruit training program |
203 | for the applicable criminal justice discipline in another state |
204 | or for the Federal Government; and |
205 | (b) Served as a full-time sworn officer in another state |
206 | or for the Federal Government for at least 1 year provided there |
207 | is no more than an 8-year break in employment, as measured from |
208 | the separation date of the most recent qualifying employment to |
209 | the time a complete application is submitted for an exemption |
210 | under this section, |
211 |
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212 | is exempt in accordance with s. 943.131(2) from completing the |
213 | commission-approved basic recruit training program. |
214 | (10) Achieve an acceptable score on the officer |
215 | certification examination for the applicable criminal justice |
216 | discipline. |
217 | (11) Comply with the continuing training or education |
218 | requirements of s. 943.135. |
219 | Section 5. Subsection (4) of section 944.02, Florida |
220 | Statutes, is amended to read: |
221 | 944.02 Definitions.--The following words and phrases used |
222 | in this chapter shall, unless the context clearly indicates |
223 | otherwise, have the following meanings: |
224 | (4) "Elderly offender" means a prisoner age 50 or older in |
225 | a state correctional institution or facility operated by the |
226 | Department of Corrections or the Department of Management |
227 | Services 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 |
231 | facilities.-- |
232 | (1) The purpose of this section is to protect the health, |
233 | comfort, and environment of employees of the Department of |
234 | Corrections, employees of privately operated correctional |
235 | facilities, employees of the Correctional Privatization |
236 | Commission, and inmates by prohibiting inmates from using |
237 | tobacco products inside any office or building within state |
238 | correctional facilities, and by ensuring that employees and |
239 | visitors do not use tobacco products inside any office or |
240 | building within state correctional facilities. Scientific |
241 | evidence links the use of tobacco products with numerous |
242 | significant health risks. The use of tobacco products by |
243 | inmates, employees, or visitors is contrary to efforts by the |
244 | Department of Corrections to reduce the cost of inmate health |
245 | care and to limit unnecessary litigation. The Department of |
246 | Corrections and the private vendors operating correctional |
247 | facilities shall make smoking-cessation assistance available to |
248 | inmates in order to implement this section. The Department of |
249 | Corrections and the private vendors operating correctional |
250 | facilities shall implement this section as soon as possible, and |
251 | all provisions of this section must be fully implemented by |
252 | January 1, 2000. |
253 | (2) As used in this section, the term: |
254 | (b) "Employee" means an employee of the department or a |
255 | private vendor in a contractual relationship with either the |
256 | Department of Corrections or the Department of Management |
257 | Services Correctional Privatization Commission, and includes |
258 | persons such as contractors, volunteers, or law enforcement |
259 | officers who are within a state correctional facility to perform |
260 | a professional service. |
261 | Section 7. Subsection (1) of section 944.72, Florida |
262 | Statutes, is amended to read: |
263 | 944.72 Privately Operated Institutions Inmate Welfare |
264 | Trust Fund.-- |
265 | (1) There is hereby created in the Department of |
266 | Corrections the Privately Operated Institutions Inmate Welfare |
267 | Trust Fund. The purpose of the trust fund shall be the benefit |
268 | and welfare of inmates incarcerated in private correctional |
269 | facilities under contract with the department pursuant to |
270 | chapter 944 or the Department of Management Services |
271 | Correctional Privatization Commission pursuant to chapter 957. |
272 | Moneys shall be deposited in the trust fund and expenditures |
273 | made from the trust fund as provided in s. 945.215. |
274 | Section 8. Section 944.8041, Florida Statutes, is amended |
275 | to read: |
276 | 944.8041 Elderly offenders; annual review.--For the |
277 | purpose of providing information to the Legislature on elderly |
278 | offenders within the correctional system, the Florida |
279 | Corrections Commission and the Correctional Medical Authority |
280 | shall each submit annually a report on the status and treatment |
281 | of elderly offenders in the state-administered and private state |
282 | correctional systems, as well as such information on the River |
283 | Junction Correctional Institution. In order to adequately |
284 | prepare the reports, the Department of Corrections and the |
285 | Department of Management Services Correctional Privatization |
286 | Commission shall grant access to the Florida Corrections |
287 | Commission and the Correctional Medical Authority which includes |
288 | access to the facilities, offenders, and any information the |
289 | agencies require to complete their reports. The review shall |
290 | also include an examination of promising geriatric policies, |
291 | practices, and programs currently implemented in other |
292 | correctional systems within the United States. The reports, |
293 | with specific findings and recommendations for implementation, |
294 | shall be submitted to the President of the Senate and the |
295 | Speaker of the House of Representatives on or before December 31 |
296 | of each year. |
297 | Section 9. Paragraphs (a) and (c) of subsection (2) of |
298 | section 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 |
301 | FUND; PRIVATE CORRECTIONAL FACILITIES.-- |
302 | (a) For purposes of this subsection, privately operated |
303 | institutions or private correctional facilities are those |
304 | correctional facilities under contract with the department |
305 | pursuant to chapter 944 or the Department of Management Services |
306 | Correctional Privatization Commission pursuant to chapter 957. |
307 | (c) The Department of Management Services Correctional |
308 | Privatization Commission shall annually compile a report that |
309 | documents Privately Operated Institutions Inmate Welfare Trust |
310 | Fund receipts and expenditures at each private correctional |
311 | facility. This report must specifically identify receipt sources |
312 | and expenditures. The Department of Management Services |
313 | Correctional Privatization Commission shall compile this report |
314 | for the prior fiscal year and shall submit the report by |
315 | September 1 of each year to the chairs of the appropriate |
316 | substantive and fiscal committees of the Senate and House of |
317 | Representatives and to the Executive Office of the Governor. |
318 | Section 10. Section 957.01, Florida Statutes, is amended |
319 | to 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, |
323 | Florida Statutes, is amended to read: |
324 | 957.02 Definitions.--As used in this chapter,: |
325 | (1) "Commission" means the Correctional Privatization |
326 | Commission. |
327 | (2) "department" means the Department of Corrections. |
328 | Section 12. Effective July 1, 2005, section 957.03, |
329 | Florida Statutes, is repealed. |
330 | Section 13. Section 957.04, Florida Statutes, is amended |
331 | to read: |
332 | 957.04 Contract requirements.-- |
333 | (1) A contract entered into under this chapter for the |
334 | operation of private correctional facilities shall maximize the |
335 | cost savings of such facilities and shall: |
336 | (a) Be negotiated with the firm found most qualified. |
337 | However, a contract for private correctional services may not be |
338 | entered into by the Department of Management Services commission |
339 | unless the Department of Management Services commission |
340 | determines that the contractor has demonstrated that it has: |
341 | 1. The qualifications, experience, and management |
342 | personnel necessary to carry out the terms of the contract. |
343 | 2. The ability to expedite the siting, design, and |
344 | construction of correctional facilities. |
345 | 3. The ability to comply with applicable laws, court |
346 | orders, and national correctional standards. |
347 | (b) Indemnify the state and the department, including |
348 | their officials and agents, against any and all liability, |
349 | including, but not limited to, civil rights liability. Proof of |
350 | satisfactory insurance is required in an amount to be determined |
351 | by the Department of Management Services commission, following |
352 | consultation with the Division of Risk Management of the |
353 | Department of Financial Services. Not less than 30 days prior |
354 | to the release of each request for proposals by the commission, |
355 | the commission shall request the written recommendation of the |
356 | division regarding indemnification of the state and the |
357 | department under this paragraph. Within 15 days after such |
358 | request, the division shall provide a written recommendation to |
359 | the commission regarding the amount and manner of such |
360 | indemnification. The commission shall adopt the division's |
361 | recommendation unless, based on substantial competent evidence, |
362 | the commission determines a different amount and manner of |
363 | indemnification is sufficient. |
364 | (c) Require that the contractor seek, obtain, and maintain |
365 | accreditation by the American Correctional Association for the |
366 | facility under that contract. Compliance with amendments to the |
367 | accreditation standards of the association is required upon the |
368 | approval of such amendments by the commission. |
369 | (d) Require that the proposed facilities and the |
370 | management plans for the inmates meet applicable American |
371 | Correctional Association standards and the requirements of all |
372 | applicable court orders and state law. |
373 | (e) Establish operations standards for correctional |
374 | facilities subject to the contract. However, if the department |
375 | and the contractor disagree with an operations standard, the |
376 | contractor The commission may propose to waive any rule, policy, |
377 | or procedure of the department related to the operations |
378 | standards of correctional facilities which is that are |
379 | inconsistent with the mission of the contractor commission to |
380 | establish cost-effective, privately operated correctional |
381 | facilities. The Florida Corrections Commission shall be |
382 | responsible for considering all proposals from the contractor to |
383 | waive any rule, policy, or procedure and shall render a final |
384 | decision granting or denying such request. |
385 | (f) Require the contractor to be responsible for a range |
386 | of dental, medical, and psychological services; diet; education; |
387 | and work programs at least equal to those provided by the |
388 | department in comparable facilities. The work and education |
389 | programs must be designed to reduce recidivism, and include |
390 | opportunities to participate in such work programs as authorized |
391 | pursuant to s. 946.523. |
392 | (g) Require the selection and appointment of a full-time |
393 | contract monitor. The contract monitor shall be appointed and |
394 | supervised by the Department of Management Services commission. |
395 | The contractor is required to reimburse the Department of |
396 | Management Services commission for the salary and expenses of |
397 | the contract monitor. It is the obligation of the contractor to |
398 | provide suitable office space for the contract monitor at the |
399 | correctional facility. The contract monitor shall have unlimited |
400 | access to the correctional facility. |
401 | (h) Be for a period of 3 years and may be renewed for |
402 | successive 2-year periods thereafter. However, the state is not |
403 | obligated for any payments to the contractor beyond current |
404 | annual appropriations. |
405 | (2) Each contract entered into for the design and |
406 | construction of a private correctional facility or juvenile |
407 | commitment facility must include: |
408 | (a) Notwithstanding any provision of chapter 255 to the |
409 | contrary, a specific provision authorizing the use of tax-exempt |
410 | financing through the issuance of tax-exempt bonds, certificates |
411 | of participation, lease-purchase agreements, or other tax-exempt |
412 | financing methods. Pursuant to s. 255.25, approval is hereby |
413 | provided for the lease-purchase of up to two private |
414 | correctional facilities and any other facility authorized by the |
415 | General Appropriations Act. |
416 | (b) A specific provision requiring the design and |
417 | construction of the proposed facilities to meet the applicable |
418 | standards of the American Correctional Association and the |
419 | requirements of all applicable court orders and state law. |
420 | (c) A specific provision requiring the contractor, and not |
421 | the Department of Management Services commission, to obtain the |
422 | financing required to design and construct the private |
423 | correctional facility or juvenile commitment facility built |
424 | under this chapter. |
425 | (d) A specific provision stating that the state is not |
426 | obligated for any payments that exceed the amount of the current |
427 | annual appropriation. |
428 | (3)(a) Each contract for the designing, financing, |
429 | acquiring, leasing, constructing, and operating of a private |
430 | correctional facility shall be subject to ss. 255.2502 and |
431 | 255.2503. |
432 | (b) Each contract for the designing, financing, acquiring, |
433 | leasing, and constructing of a private juvenile commitment |
434 | facility shall be subject to ss. 255.2502 and 255.2503. |
435 | (4) A contract entered into under this chapter does not |
436 | accord third-party beneficiary status to any inmate or juvenile |
437 | offender or to any member of the general public. |
438 | (5) Each contract entered into by the Department of |
439 | Management Services commission must include substantial minority |
440 | participation unless demonstrated by evidence, after a good |
441 | faith effort, as impractical and must also include any other |
442 | requirements the Department of Management Services commission |
443 | considers necessary and appropriate for carrying out the |
444 | purposes of this chapter. |
445 | (6) Notwithstanding s. 253.025(7), the Board of Trustees |
446 | of the Internal Improvement Trust Fund need not approve a lease- |
447 | purchase agreement negotiated by the Department of Management |
448 | Services commission if the Department of Management Services |
449 | commission finds that there is a need to expedite the lease- |
450 | purchase. |
451 | (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever |
452 | the Department of Management Services commission finds it to be |
453 | in the best interest of timely site acquisition, it may contract |
454 | without the need for competitive selection with one or more |
455 | appraisers whose names are contained on the list of approved |
456 | appraisers maintained by the Division of State Lands of the |
457 | Department of Environmental Protection in accordance with s. |
458 | 253.025(6)(b). In those instances when the Department of |
459 | Management Services commission directly contracts for appraisal |
460 | services, it shall also contract with an approved appraiser who |
461 | is not employed by the same appraisal firm for review services. |
462 | (b) Notwithstanding s. 253.025(6), the Department of |
463 | Management Services commission may negotiate and enter into |
464 | lease-purchase agreements before an appraisal is obtained. Any |
465 | such agreement must state that the final purchase price cannot |
466 | exceed the maximum value allowed by law. |
467 | (8) Notwithstanding s. 957.03(4), the Department of |
468 | Management Services shall be the successor agency for the |
469 | Correctional Privatization Commission in all contracts entered |
470 | into pursuant to this chapter which are in effect on July 1, |
471 | 2004. Buildings and other improvements to real property which |
472 | are financed under paragraph (2)(a) and which are leased to the |
473 | Correctional Privatization Commission are considered to be owned |
474 | by the Correctional Privatization Commission for the purposes of |
475 | this section whereby the terms of the lease, the buildings, and |
476 | other improvements will become the property of the state at the |
477 | expiration of the lease. For any facility that is bid and built |
478 | under the authority of requests for proposals made by the |
479 | Correctional Privatization Commission between December 1993 and |
480 | October 1994 and that is operated by a private vendor, a payment |
481 | in lieu of taxes, from funds appropriated for the Correctional |
482 | Privatization Commission, shall be paid until the expiration of |
483 | the lease to local taxing authorities in the local government in |
484 | which the facility is located in an amount equal to the ad |
485 | valorem taxes assessed by counties, municipalities, school |
486 | districts, and special districts. |
487 | Section 14. Subsections (2) and (7) of section 957.06, |
488 | Florida Statutes, are amended to read: |
489 | 957.06 Powers and duties not delegable to contractor.--A |
490 | contract entered into under this chapter does not authorize, |
491 | allow, or imply a delegation of authority to the contractor to: |
492 | (2) Choose the facility to which an inmate is initially |
493 | assigned or subsequently transferred. The contractor may |
494 | request, in writing, that an inmate be transferred to a facility |
495 | operated by the department. The Department of Management |
496 | Services commission, the contractor, and a representative of the |
497 | department shall develop and implement a cooperative agreement |
498 | for transferring inmates between a correctional facility |
499 | operated by the department and a private correctional facility. |
500 | The department, the Department of Management Services |
501 | commission, and the contractor must comply with the cooperative |
502 | agreement. |
503 | (7) Develop and implement requirements that inmates engage |
504 | in any type of work, except to the extent that those |
505 | requirements 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 |
510 | not enter into a contract or series of contracts unless the |
511 | department commission determines that the contract or series of |
512 | contracts in total for the facility will result in a cost |
513 | savings to the state of at least 7 percent over the public |
514 | provision of a similar facility. Such cost savings as determined |
515 | by the Department of Management Services commission must be |
516 | based upon the actual costs associated with the construction and |
517 | operation of similar facilities or services as determined by the |
518 | Department of Corrections and certified by the Auditor General. |
519 | The Department of Corrections shall calculate all of the cost |
520 | components that determine the inmate per diem in correctional |
521 | facilities of a substantially similar size, type, and location |
522 | that are operated by the Department of Corrections, including |
523 | administrative costs associated with central administration. |
524 | Services that are provided to the Department of Corrections by |
525 | other governmental agencies at no direct cost to the department |
526 | shall be assigned an equivalent cost and included in the per |
527 | diem. |
528 | (5) |
529 | (d) If a private vendor chooses not to renew the contract |
530 | at the appropriated level, the Department of Management Services |
531 | commission shall terminate the contract as provided in s. |
532 | 957.14. |
533 | Section 16. Section 957.08, Florida Statutes, is amended |
534 | to read: |
535 | 957.08 Capacity requirements.--The Department of |
536 | Corrections shall transfer and assign prisoners, at a rate to be |
537 | determined by the commission, to each private correctional |
538 | facility opened pursuant to this chapter in an amount not less |
539 | than 90 percent or more than 100 percent of the capacity of the |
540 | facility pursuant to the contract with the Department of |
541 | Management Services commission. The prisoners transferred by |
542 | the Department of Corrections shall represent a cross section of |
543 | the general inmate population, based on the grade of custody or |
544 | the offense of conviction, at the most comparable facility |
545 | operated by the department. |
546 | Section 17. Subsection (2) of section 957.13, Florida |
547 | Statutes, is amended to read: |
548 | 957.13 Background checks.-- |
549 | (2) The Florida Department of Law Enforcement may, to the |
550 | extent provided for by federal law, provide for the exchange of |
551 | state, multistate, and federal criminal history records of |
552 | individuals who apply for employment at a private correctional |
553 | facility with the Correctional Privatization Commission for the |
554 | purpose of conducting background checks as required by law or |
555 | contract the commission. |
556 | Section 18. Section 957.14, Florida Statutes, is amended |
557 | to read: |
558 | 957.14 Contract termination and control of a correctional |
559 | facility by the department.--A detailed plan shall be provided |
560 | by a private vendor under which the department shall assume |
561 | temporary control of a private correctional facility upon |
562 | termination of the contract. The Department of Management |
563 | Services commission may terminate the contract with cause after |
564 | written notice of material deficiencies and after 60 workdays in |
565 | order to correct the material deficiencies. If any event occurs |
566 | that involves the noncompliance with or violation of contract |
567 | terms and that presents a serious threat to the safety, health, |
568 | or security of the inmates, employees, or the public, the |
569 | department may temporarily assume control of the private |
570 | correctional facility, with the approval of the Department of |
571 | Management Services commission. A plan shall also be provided by |
572 | a private vendor for the purchase and temporary assumption of |
573 | operations of a correctional facility by the department in the |
574 | event of bankruptcy or the financial insolvency of the private |
575 | vendor. The private vendor shall provide an emergency plan to |
576 | address inmate disturbances, employee work stoppages, strikes, |
577 | or other serious events in accordance with standards of the |
578 | American Correctional Association. |
579 | Section 19. Section 957.15, Florida Statutes, is amended |
580 | to read: |
581 | 957.15 Funding of contracts for operation, maintenance, |
582 | and lease-purchase of private correctional facilities.--The |
583 | request for appropriation of funds to make payments pursuant to |
584 | contracts entered into by the Department of Management Services |
585 | commission for the operation, maintenance, and lease-purchase of |
586 | the private correctional facilities authorized by this chapter |
587 | shall be made by the Department of Management Services |
588 | commission in a request to the department. The department shall |
589 | include such request in its budget request to the Legislature as |
590 | a separately identified item and shall forward the request of |
591 | the Department of Management Services commission without change. |
592 | After an appropriation has been made by the Legislature to the |
593 | department for the private correctional facilities commission, |
594 | the department shall have no authority over such funds other |
595 | than to pay from such appropriation to the appropriate private |
596 | vendor such amounts as are certified for payment by the |
597 | Department of Management Services commission. |
598 | Section 20. Section 957.16, Florida Statutes, is amended |
599 | to read: |
600 | 957.16 Expanding capacity.--The Department of Management |
601 | Services commission is authorized to modify and execute |
602 | agreements with contractors to expand up to the total capacity |
603 | of contracted correctional facilities. Total capacity means the |
604 | design capacity of all contracted correctional facilities |
605 | increased by one-half as described under s. 944.023(1)(b). Any |
606 | additional beds authorized under this section must comply with |
607 | the cost-saving requirements set forth in s. 957.07. Any |
608 | additional beds authorized as a result of expanded capacity |
609 | under this section are contingent upon specified appropriations. |
610 | Section 21. Paragraph (h) is added to subsection (1) of |
611 | section 944.516, Florida Statutes, to read: |
612 | 944.516 Money or other property received for personal use |
613 | or benefit of inmate; deposit; disposition of unclaimed trust |
614 | funds.--The Department of Corrections shall protect the |
615 | financial interest of the state with respect to claims which the |
616 | state may have against inmates in state institutions under its |
617 | supervision and control and shall administer money and other |
618 | property received for the personal benefit of such inmates. In |
619 | carrying out the provisions of this section, the department may |
620 | delegate any of its enumerated powers and duties affecting |
621 | inmates of an institution to the warden or regional director who |
622 | shall personally, or through designated employees of his or her |
623 | personal staff under his or her direct supervision, exercise |
624 | such powers or perform such duties. |
625 | (1) The Department of Corrections may: |
626 | (h) Charge an administrative processing fee of up to $6 |
627 | each month to inmates for banking services. Such fees shall be |
628 | deposited into the department's Grants and Donations Trust Fund |
629 | and shall be used to offset the cost of the department's |