HB 5017

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

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