HB 1899

1	A bill to be entitled
2	An act relating to corrections; amending s. 20.315, F.S.;
3	abolishing the Florida Corrections Commission; amending s.
4	944.8041, F.S.; conforming references; requiring the
5	annual report on elderly offenders within the correctional
6	system to be submitted to the Governor in addition to the
7	Legislature; amending s. 946.40, F.S.; permitting
8	political subdivisions to reimburse the Department of
9	Corrections for certain services of inmates and personnel
10	of the department; amending s. 957.04, F.S.; revising
11	requirements for contracts for the operation of private
12	correctional facilities; conforming references; amending
13	s. 957.07, F.S.; providing for the Prison Per-Diem
14	Workgroup to develop certain rates on an as-needed basis;
15	amending s. 957.12, F.S.; revising provisions relating to
16	prohibitions on contact with respect to a request for
17	proposals for a private correctional facility; providing
18	an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (7) through (13) of section 20.315,
23	Florida Statutes, are renumbered as subsections (6) through
24	(12), respectively, and present subsection (6) of said section
25	is amended to read:
26	20.315  Department of Corrections.--There is created a
27	Department of Corrections.
28	(6)  FLORIDA CORRECTIONS COMMISSION.--
29	(a)1.  The Florida Corrections Commission is hereby
30	created. The primary focus of the commission shall be on
31	corrections; however, in those instances in which the policies
32	of other components of the criminal justice system affect
33	corrections, the commission shall advise and make
34	recommendations.
35	2.  The commission shall consist of nine members appointed
36	by the Governor subject to confirmation by the Senate. Members
37	of the commission shall serve terms of 4 years each. Members
38	must be appointed in such a manner as to equitably represent all
39	geographic areas of the state. Each member of the commission
40	must be a citizen and registered voter of the state. A member of
41	the commission shall represent the public safety needs of the
42	state as a whole and may not subordinate the needs of the state
43	to those of any particular area of the state. The commission's
44	membership should, to the extent possible, contain persons who
45	are knowledgeable about construction, health care, information
46	technology, education, business, food services, law, and inmate
47	and youthful offender rehabilitation and services.
48	3.  The commission is assigned to the office of the
49	Secretary of Corrections for administrative and fiscal
50	accountability purposes, but it shall otherwise function
51	independently of the control and direction of the Department of
52	Corrections.
53	(b)  The primary functions of the commission are to:
54	1.  Recommend major correctional policies for the
55	Governor's approval, and assure that approved policies and any
56	revisions thereto are properly executed.
57	2.  Periodically review the status of the state
58	correctional system and recommend improvements therein to the
59	Governor and the Legislature.
60	3.  Annually perform an in-depth review of community-based
61	intermediate sanctions and recommend to the Governor and the
62	Legislature intergovernmental approaches through the Community
63	Corrections Partnership Act for planning and implementing such
64	sanctions and programs.
65	4.  Perform an in-depth evaluation of the annual budget
66	request of the Department of Corrections, the comprehensive
67	correctional master plan, and the tentative construction program
68	for compliance with all applicable laws and established
69	departmental policies. The commission may not consider
70	individual construction projects, but shall consider methods of
71	accomplishing the department's goals in the most effective,
72	efficient, and businesslike manner.
73	5.  Routinely monitor the financial status of the
74	Department of Corrections to assure that the department is
75	managing revenue and any applicable bond proceeds responsibly
76	and in accordance with law and established policy.
77	6.  Evaluate, at least quarterly, the efficiency,
78	productivity, and management of the Department of Corrections,
79	using performance and production standards developed by the
80	department under former subsection (18).
81	7.  Provide public education on corrections and criminal
82	justice issues.
83	8.  Report to the President of the Senate, the Speaker of
84	the House of Representatives, and the Governor by November 1 of
85	each year.
86	9.  Resolve disputes between the Department of Corrections
87	and the contractors for the private correctional facilities
88	entered into under chapter 957 when a contractor proposes to
89	waive a rule, policy, or procedure concerning operation
90	standards.
91	(c)  The commission or a member thereof may not enter into
92	the day-to-day operation of the Department of Corrections and is
93	specifically prohibited from taking part in:
94	1.  The awarding of contracts by the department.
95	2.  The selection by the department of a consultant or
96	contractor or the prequalification by the department of any
97	individual consultant or contractor. However, the commission may
98	recommend to the Secretary of Corrections standards and policies
99	governing the procedure for selection and prequalification of
100	consultants and contractors.
101	3.  The selection by the department of a county for a
102	specific project.
103	4.  The selection by the department of a specific location
104	for a correctional facility.
105	5.  The employment, promotion, demotion, suspension,
106	transfer, or discharge of any departmental personnel.
107	6.  The enforcement of minimum standards for any county or
108	municipal detention facility.
109	(d)1.  The chair of the commission shall be selected by the
110	members for a term of 1 year.
111	2.  The commission shall hold a minimum of four regular
112	meetings annually, and other meetings may be called by the chair
113	upon giving at least 7 days' notice to all members and the
114	public pursuant to chapter 120. Meetings may also be held upon
115	the written request of at least four members, upon at least 7
116	days' notice of such meeting being given to all members and the
117	public by the chair pursuant to chapter 120. Emergency meetings
118	may be held without notice upon the request of all members. The
119	meetings of the commission shall be held in the central office
120	of the Department of Corrections in Tallahassee unless the chair
121	determines that special circumstances warrant meeting at another
122	location.
123	3.  A majority of the membership of the commission
124	constitutes a quorum at any meeting of the commission. An action
125	of the commission is not binding unless the action is taken
126	pursuant to an affirmative vote of a majority of the members
127	present, but not fewer than four members of the commission must
128	be present, and the vote must be recorded in the minutes of the
129	meeting.
130	4.  The chair shall cause to be made a complete record of
131	the proceedings of the commission, which record shall be open
132	for public inspection.
133	(e)  The commission shall appoint an executive director and
134	an assistant executive director, who shall serve under the
135	direction, supervision, and control of the commission. The
136	executive director, with the consent of the commission, shall
137	employ such staff as are necessary to perform adequately the
138	functions of the commission, within budgetary limitations. All
139	employees of the commission are exempt from part II of chapter
140	110 and serve at the pleasure of the commission. The salaries
141	and benefits of all employees of the commission shall be set in
142	accordance with the Selected Exempt Service rules; however, the
143	commission shall have complete authority for fixing the salaries
144	of the executive director and the assistant executive director.
145	(f)  Members of the commission are entitled to per diem and
146	travel expenses pursuant to s. 112.061.
147	(g)  A member of the commission may not have any interest,
148	direct or indirect, in any contract, franchise, privilege, or
149	other benefit granted or awarded by the department during the
150	term of his or her appointment and for 2 years after the
151	termination of that appointment.
152	(h)  The commission shall develop a budget pursuant to
153	chapter 216. The budget is not subject to change by the
154	department, but such budget shall be submitted to the Governor
155	along with the budget of the department.
156	Section 2.  Section 944.8041, Florida Statutes, is amended
157	to read:
158	944.8041  Elderly offenders; annual review.--For the
159	purpose of providing information to the Legislature on elderly
160	offenders within the correctional system, the Florida
161	Corrections Commission and the Correctional Medical Authority
162	shall each submit annually prepare a report on the status and
163	treatment of elderly offenders in the state-administered and
164	private state correctional systems, as well as such information
165	on the River Junction Correctional Institution. In order to
166	adequately prepare the report reports, the Department of
167	Corrections and the Department of Management Services shall
168	grant access to the Florida Corrections Commission and the
169	Correctional Medical Authority that which includes access to the
170	facilities, offenders, and any information the authority
171	requires agencies require to complete the report their reports.
172	The review shall also include an examination of promising
173	geriatric policies, practices, and programs currently
174	implemented in other correctional systems within the United
175	States. The report reports, with specific findings and
176	recommendations for implementation, shall be submitted to the
177	Governor, the President of the Senate, and the Speaker of the
178	House of Representatives on or before December 31 of each year.
179	Section 3.  Subsection (2) of section 946.40, Florida
180	Statutes, is amended to read:
181	946.40  Use of prisoners in public works.--
182	(2)  The budget of the department may be reimbursed from
183	the budget of any state agency, or state institution, or
184	political subdivision for the services of inmates and personnel
185	of the department in such amounts as may be determined by
186	agreement between the department and the head of such agency, or
187	institution, or political subdivision. However, no political
188	subdivision of the state shall be required to reimburse the
189	department for such services during a state of emergency. In
190	addition, a fiscally constrained county as defined in s.
191	985.2155 and the municipalities within such a fiscally
192	constrained county shall not be required to reimburse the state
193	for services provided pursuant to this section.
194	Section 4.  Paragraphs (c) and (e) of subsection (1) of
195	section 957.04, Florida Statutes, are amended to read:
196	957.04  Contract requirements.--
197	(1)  A contract entered into under this chapter for the
198	operation of private correctional facilities shall maximize the
199	cost savings of such facilities and shall:
200	(c)  Require that the contractor seek, obtain, and maintain
201	accreditation by the American Correctional Association for the
202	facility under that contract. Compliance with amendments to the
203	accreditation standards of the association is required upon the
204	approval of such amendments by the Department of Management
205	Services commission.
206	(e)  Establish operations standards for correctional
207	facilities subject to the contract. However, if the department
208	and the contractor disagree with an operations standard, the
209	contractor may propose to waive any rule, policy, or procedure
210	of the department related to the operations standards of
211	correctional facilities which is inconsistent with the mission
212	of the contractor to establish cost-effective, privately
213	operated correctional facilities. The Department of Management
214	Services Florida Corrections Commission shall be responsible for
215	considering all proposals from the contractor to waive any rule,
216	policy, or procedure and shall render a final decision granting
217	or denying such request.
218	Section 5.  Paragraphs (a) and (e) of subsection (5) of
219	section 957.07, Florida Statutes, are amended to read:
220	957.07  Cost-saving requirements.--
221	(5)(a)  By February 1, 2002, and Each year, thereafter as
222	needed, the Prison Per-Diem Workgroup shall develop consensus
223	per diem rates to be used when determining per diem rates of
224	privately operated prisons. The Office of Program Policy
225	Analysis and Government Accountability, the Office of the
226	Auditor General, and the staffs of the appropriations committees
227	of both the Senate and the House of Representatives are the
228	principals of the workgroup. The workgroup may consult with
229	other experts to assist in the development of the consensus per
230	diem rates. All meetings of the workgroup shall be open to the
231	public as provided in chapter 286.
232	(e)  This subsection supersedes the proviso language
233	immediately following Specific Appropriation 570 in the
234	Conference Report on CS for SB 2-C.
235	Section 6.  Section 957.12, Florida Statutes, is amended to
236	read:
237	957.12  Prohibition on contact.--A bidder or potential
238	bidder is not permitted to have any contact with any member or
239	employee of or consultant to the Department of Management
240	Services commission regarding a request for proposal, a
241	proposal, or the evaluation or selection process from the time a
242	request for proposals for a private correctional facility is
243	issued until the time a notification of intent to award is
244	announced, except if such contact is in writing or in a meeting
245	for which notice was provided in the Florida Administrative
246	Weekly.
247	Section 7.  This act shall take effect July 1, 2005.

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