HB 0655 2004
1	A bill to be entitled
2	An act relating to secondary employment of state
3	correctional officers and employees; amending s. 944.38,
4	F.S.; authorizing secondary employment or other pursuits
5	by officers and employees of the Department of
6	Corrections; specifying limitations on such employment or
7	pursuits; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Section 944.38, Florida Statutes, is amended to
12	read:
13	944.38 Acceptance of remuneration from contractor; dealing
14	or barter with prisoners; interest in contract; secondary
15	employment;penalty.--
16	(1) No officer or employee of the department shall receive
17	any compensation whatsoever, directly or indirectly, for any act
18	or service which she or he may do or perform for or on behalf of
19	any officer or employee or agent, or employee of a contractor;
20	nor shall any officer or employee of the department or the state
21	be interested, directly or indirectly, in any contract or
22	purchase made, or authorized to be made, by anyone for or on
23	behalf of the department.
24	(2) No officer or employee of the department or of the
25	state, or any contractor, or employee of a contractor, shall,
26	without permission of the department, make any gift or present
27	to a prisoner, or receive the same from any prisoner, or have
28	any barter or dealings with any prisoner.
29	(3) For any violation of the provisions of this section
30	the officer or employee of the state shall be discharged from
31	her or his office or service; and every contractor, or employee,
32	or agent of a contractor engaged therein, and a party thereto,
33	shall be expelled from the institutional grounds, and not again
34	permitted within the same as a contractor, agent, or employee.
35	(4) Nothing in this section shall be construed to prevent
36	any officer or employee of the department from accepting
37	secondary employment or following any pursuit which does not
38	interfere with the full and faithful discharge of duty to the
39	state by the officer or employee. Moreover, nothing in this
40	section shall be construed to prevent any officer or employee
41	from accepting secondary employment with an entity that
42	contracts with the department so long as such officer or
43	employee has no responsibilities towards, or other involvement
44	with, the awarding or management of department contracts or the
45	process of making referrals to or the evaluation of the
46	contracting entity.
47	Section 2. This act shall take effect July 1, 2004.