Amendment
Bill No. 5017

Amendment No. 058277

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 5017 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (7) through (13) of section 20.315,
6	Florida Statutes, are renumbered as subsections (6) through
7	(12), respectively, and present subsection (6) of that section
8	is amended to read:
9	20.315  Department of Corrections.--There is created a
10	Department of Corrections.
11	(6)  FLORIDA CORRECTIONS COMMISSION.--
12	(a)1.  The Florida Corrections Commission is hereby
13	created. The primary focus of the commission shall be on
14	corrections; however, in those instances in which the policies
15	of other components of the criminal justice system affect
16	corrections, the commission shall advise and make
17	recommendations.
18	2.  The commission shall consist of nine members appointed
19	by the Governor subject to confirmation by the Senate. Members
20	of the commission shall serve terms of 4 years each. Members
21	must be appointed in such a manner as to equitably represent all
22	geographic areas of the state. Each member of the commission
23	must be a citizen and registered voter of the state. A member of
24	the commission shall represent the public safety needs of the
25	state as a whole and may not subordinate the needs of the state
26	to those of any particular area of the state. The commission's
27	membership should, to the extent possible, contain persons who
28	are knowledgeable about construction, health care, information
29	technology, education, business, food services, law, and inmate
30	and youthful offender rehabilitation and services.
31	3.  The commission is assigned to the office of the
32	Secretary of Corrections for administrative and fiscal
33	accountability purposes, but it shall otherwise function
34	independently of the control and direction of the Department of
35	Corrections.
36	(b)  The primary functions of the commission are to:
37	1.  Recommend major correctional policies for the
38	Governor's approval, and assure that approved policies and any
39	revisions thereto are properly executed.
40	2.  Periodically review the status of the state
41	correctional system and recommend improvements therein to the
42	Governor and the Legislature.
43	3.  Annually perform an in-depth review of community-based
44	intermediate sanctions and recommend to the Governor and the
45	Legislature intergovernmental approaches through the Community
46	Corrections Partnership Act for planning and implementing such
47	sanctions and programs.
48	4.  Perform an in-depth evaluation of the annual budget
49	request of the Department of Corrections, the comprehensive
50	correctional master plan, and the tentative construction program
51	for compliance with all applicable laws and established
52	departmental policies. The commission may not consider
53	individual construction projects, but shall consider methods of
54	accomplishing the department's goals in the most effective,
55	efficient, and businesslike manner.
56	5.  Routinely monitor the financial status of the
57	Department of Corrections to assure that the department is
58	managing revenue and any applicable bond proceeds responsibly
59	and in accordance with law and established policy.
60	6.  Evaluate, at least quarterly, the efficiency,
61	productivity, and management of the Department of Corrections,
62	using performance and production standards developed by the
63	department under former subsection (18).
64	7.  Provide public education on corrections and criminal
65	justice issues.
66	8.  Report to the President of the Senate, the Speaker of
67	the House of Representatives, and the Governor by November 1 of
68	each year.
69	9.  Resolve disputes between the Department of Corrections
70	and the contractors for the private correctional facilities
71	entered into under chapter 957 when a contractor proposes to
72	waive a rule, policy, or procedure concerning operation
73	standards.
74	(c)  The commission or a member thereof may not enter into
75	the day-to-day operation of the Department of Corrections and is
76	specifically prohibited from taking part in:
77	1.  The awarding of contracts by the department.
78	2.  The selection by the department of a consultant or
79	contractor or the prequalification by the department of any
80	individual consultant or contractor. However, the commission may
81	recommend to the Secretary of Corrections standards and policies
82	governing the procedure for selection and prequalification of
83	consultants and contractors.
84	3.  The selection by the department of a county for a
85	specific project.
86	4.  The selection by the department of a specific location
87	for a correctional facility.
88	5.  The employment, promotion, demotion, suspension,
89	transfer, or discharge of any departmental personnel.
90	6.  The enforcement of minimum standards for any county or
91	municipal detention facility.
92	(d)1.  The chair of the commission shall be selected by the
93	members for a term of 1 year.
94	2.  The commission shall hold a minimum of four regular
95	meetings annually, and other meetings may be called by the chair
96	upon giving at least 7 days' notice to all members and the
97	public pursuant to chapter 120. Meetings may also be held upon
98	the written request of at least four members, upon at least 7
99	days' notice of such meeting being given to all members and the
100	public by the chair pursuant to chapter 120. Emergency meetings
101	may be held without notice upon the request of all members. The
102	meetings of the commission shall be held in the central office
103	of the Department of Corrections in Tallahassee unless the chair
104	determines that special circumstances warrant meeting at another
105	location.
106	3.  A majority of the membership of the commission
107	constitutes a quorum at any meeting of the commission. An action
108	of the commission is not binding unless the action is taken
109	pursuant to an affirmative vote of a majority of the members
110	present, but not fewer than four members of the commission must
111	be present, and the vote must be recorded in the minutes of the
112	meeting.
113	4.  The chair shall cause to be made a complete record of
114	the proceedings of the commission, which record shall be open
115	for public inspection.
116	(e)  The commission shall appoint an executive director and
117	an assistant executive director, who shall serve under the
118	direction, supervision, and control of the commission. The
119	executive director, with the consent of the commission, shall
120	employ such staff as are necessary to perform adequately the
121	functions of the commission, within budgetary limitations. All
122	employees of the commission are exempt from part II of chapter
123	110 and serve at the pleasure of the commission. The salaries
124	and benefits of all employees of the commission shall be set in
125	accordance with the Selected Exempt Service rules; however, the
126	commission shall have complete authority for fixing the salaries
127	of the executive director and the assistant executive director.
128	(f)  Members of the commission are entitled to per diem and
129	travel expenses pursuant to s. 112.061.
130	(g)  A member of the commission may not have any interest,
131	direct or indirect, in any contract, franchise, privilege, or
132	other benefit granted or awarded by the department during the
133	term of his or her appointment and for 2 years after the
134	termination of that appointment.
135	(h)  The commission shall develop a budget pursuant to
136	chapter 216. The budget is not subject to change by the
137	department, but such budget shall be submitted to the Governor
138	along with the budget of the department.
139	Section 2.  Section 944.8041, Florida Statutes, is amended
140	to read:
141	944.8041  Elderly offenders; annual review.--For the
142	purpose of providing information to the Legislature on elderly
143	offenders within the correctional system, the department Florida
144	Corrections Commission and the Correctional Medical Authority
145	shall each submit annually a report on the status and treatment
146	of elderly offenders in the state-administered and private state
147	correctional systems, as well as such information on the River
148	Junction Correctional Institution. In order to adequately
149	prepare the reports, the department of Corrections and the
150	Department of Management Services shall grant access to the
151	Florida Corrections Commission and the Correctional Medical
152	Authority which includes access to the facilities, offenders,
153	and any information the agencies require to complete their
154	reports. The review shall also include an examination of
155	promising geriatric policies, practices, and programs currently
156	implemented in other correctional systems within the United
157	States. The reports, with specific findings and recommendations
158	for implementation, shall be submitted to the President of the
159	Senate and the Speaker of the House of Representatives on or
160	before December 31 of each year.
161	Section 3.  Paragraph (e) of subsection (1) of section
162	957.04, Florida Statutes, is amended to read:
163	957.04  Contract requirements.--
164	(1)  A contract entered into under this chapter for the
165	operation of private correctional facilities shall maximize the
166	cost savings of such facilities and shall:
167	(e)  Establish operations standards for correctional
168	facilities subject to the contract. However, if the department
169	and the contractor disagree with an operations standard, the
170	contractor may propose to waive any rule, policy, or procedure
171	of the department related to the operations standards of
172	correctional facilities which is inconsistent with the mission
173	of the contractor to establish cost-effective, privately
174	operated correctional facilities. The Department of Management
175	Services Florida Corrections Commission shall be responsible for
176	considering all proposals from the contractor to waive any rule,
177	policy, or procedure and shall render a final decision granting
178	or denying such request.
179	Section 4.  Subsection (5) of section 957.07, Florida
180	Statutes, is amended to read:
181	957.07  Cost-saving requirements.--
182	(5)(a)  At the request of the Speaker of the House of
183	Representatives or the President of the Senate By February 1
184	each year, the Prison Per-Diem Workgroup shall develop consensus
185	per diem rates for use by the Legislature to be used when
186	determining per diem rates of privately operated prisons. The
187	Office of Program Policy Analysis and Government Accountability,
188	the Office of the Auditor General, and the staffs of the
189	appropriations committees of both the Senate and the House of
190	Representatives are the principals of the workgroup. The
191	workgroup may consult with other experts to assist in the
192	development of the consensus per diem rates. All meetings of the
193	workgroup shall be open to the public as provided in chapter
194	286.
195	(b)  When developing the consensus per diem rates, the
196	workgroup must:
197	1.  Use data provided by the Department of Corrections from
198	the most recent fiscal year to determine per diem costs for the
199	following activities:
200	a.  Custody and control;
201	b.  Health services;
202	c.  Substance abuse programs; and
203	d.  Educational programs;
204	2.  Include the cost of departmental, regional,
205	institutional, and program administration and any other fixed
206	costs of the department;
207	3.  Calculate average per diem rates for the following
208	offender populations: adult male, youthful offender male, and
209	female; and
210	4.  Make per diem adjustments, as appropriate, to account
211	for variations in size and location of correctional facilities.
212	(c)  It is the intent of the Legislature that The consensus
213	per diem rates determined by the workgroup may shall be used to
214	assist the Legislature in determining determine the level of
215	funding provided to privately operated prisons to meet the,
216	which must reflect at least a 7-percent savings required of
217	private prisons by this chapter when compared to the Department
218	of Corrections.
219	(d)  If a private vendor chooses not to renew the contract
220	at the appropriated level, the Department of Management Services
221	shall terminate the contract as provided in s. 957.14.
222	(e)  This subsection supersedes the proviso language
223	immediately following Specific Appropriation 570 in the
224	Conference Report on CS for SB 2-C.
225	Section 5.  This act shall take effect July 1, 2006.
226
227	======= T I T L E  A M E N D M E N T ========
228	Remove the entire title and insert:
229	A bill to be entitled
230	An act relating to corrections; amending s. 20.315, F.S.;
231	abolishing the Florida Corrections Commission; amending s.
232	944.8041, F.S.; requiring the Department of Corrections,
233	in lieu of the commission, to submit an annual report on
234	certain elderly offenders; amending s. 957.04, F.S.;
235	requiring the Department of Management Services, in lieu
236	of the commission, to consider proposed waivers of rules,
237	policies, and procedures of the Department of Corrections
238	for contractors of private correctional facilities;
239	amending s. 957.07, F.S.; revising the membership of the
240	Prison Per-Diem Workgroup; revising meeting requirements
241	of the workgroup; revising information to be included in
242	the consensus per diem rates developed by the workgroup;
243	revising use of the per diem rates developed by the
244	workgroup; eliminating a provision that s. 957.07(5),
245	F.S., supersedes certain proviso language in the
246	Conference Report on CS for SB 2-C, ch. 2001-367, Laws of
247	Florida; providing an effective date.

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