Senate Bill sb1792er

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  2         An act relating to the Department of

  3         Corrections; amending s. 316.003, F.S.;

  4         including vehicles operated by the department

  5         within the definition of the term "authorized

  6         emergency vehicles" for purposes of the Florida

  7         Uniform Traffic Control Law; amending s.

  8         316.2397, F.S.; authorizing the department to

  9         operate vehicles that have emergency lights and

10         sirens; amending s. 945.215, F.S.; providing

11         for the funds in the Employee Benefit Trust

12         Fund to be used for certain additional

13         purposes; limiting the types of donations that

14         the department may accept for deposit into the

15         fund; requiring that the fund be subject to

16         oversight by the Secretary of Corrections and

17         an annual audit; requiring that the department

18         provide an annual report concerning allocations

19         from the trust fund at the request of the

20         Legislature and Governor; requiring that the

21         department adopt rules; amending s. 945.21501,

22         F.S.; requiring that facilities constructed

23         using funds from the Employee Benefit Trust

24         Fund provide maximum benefit for all employees;

25         requiring that the department adopt rules;

26         amending s. 948.06, F.S.; authorizing the court

27         to issue a notice to appear for certain

28         violators; providing for service of notices to

29         appear; providing for tolling of the

30         probationary period; providing for the use of a

31         notification letter of a technical violation of


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 1         a term of probation or community control;

 2         authorizing the court to allow the submission

 3         of certain documents electronically or by

 4         facsimile; requiring the Department of

 5         Corrections to provide the court with

 6         recommendations as to disposition by the court;

 7         requiring the Department of Corrections to

 8         conduct a study and submit a report; providing

 9         an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (1) of section 316.003, Florida

14  Statutes, is amended to read:

15         316.003  Definitions.--The following words and phrases,

16  when used in this chapter, shall have the meanings

17  respectively ascribed to them in this section, except where

18  the context otherwise requires:

19         (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the

20  fire department (fire patrol), police vehicles, and such

21  ambulances and emergency vehicles of municipal departments,

22  public service corporations operated by private corporations,

23  the Department of Environmental Protection, the Department of

24  Health, and the Department of Transportation, and the

25  Department of Corrections as are designated or authorized by

26  their respective department or the chief of police of an

27  incorporated city or any sheriff of any of the various

28  counties.

29         Section 2.  Subsection (3) of section 316.2397, Florida

30  Statutes, is amended to read:

31         316.2397  Certain lights prohibited; exceptions.--


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 1         (3)  Vehicles of the fire department and fire patrol,

 2  including vehicles of volunteer firefighters as permitted

 3  under s. 316.2398, vehicles of medical staff physicians or

 4  technicians of medical facilities licensed by the state as

 5  authorized under s. 316.2398, ambulances as authorized under

 6  this chapter, and buses and taxicabs as authorized under s.

 7  316.2399 are permitted to show or display red lights. Vehicles

 8  of the fire department, fire patrol, police vehicles, and such

 9  ambulances and emergency vehicles of municipal and county

10  departments, public service corporations operated by private

11  corporations, the Department of Environmental Protection, the

12  Department of Transportation, and the Department of

13  Agriculture and Consumer Services, and the Department of

14  Corrections as are designated or authorized by their

15  respective department or the chief of police of an

16  incorporated city or any sheriff of any county are hereby

17  authorized to operate emergency lights and sirens in an

18  emergency. Wreckers, mosquito control fog and spray vehicles,

19  and emergency vehicles of governmental departments or public

20  service corporations may show or display amber lights when in

21  actual operation or when a hazard exists provided they are not

22  used going to and from the scene of operation or hazard

23  without specific authorization of a law enforcement officer or

24  law enforcement agency. Wreckers must use amber rotating or

25  flashing lights while performing recoveries and loading on the

26  roadside day or night, and may use such lights while towing a

27  vehicle on wheel lifts, slings, or under reach if the operator

28  of the wrecker deems such lights necessary. A flatbed, car

29  carrier, or rollback may not use amber rotating or flashing

30  lights when hauling a vehicle on the bed unless it creates a

31  hazard to other motorists because of protruding objects.


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 1  Further, escort vehicles may show or display amber lights when

 2  in the actual process of escorting overdimensioned equipment,

 3  material, or buildings as authorized by law. Vehicles of

 4  private watch, guard, or patrol agencies licensed pursuant to

 5  chapter 493 may show or display amber lights while patrolling

 6  condominium, cooperative, and private residential and business

 7  communities by which employed and which traverse public

 8  streets or highways.

 9         Section 3.  Subsection (3) of section 945.215, Florida

10  Statutes, is amended to read:

11         945.215  Inmate welfare and employee benefit trust

12  funds.--

13         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

14  CORRECTIONS.--

15         (a)  The department may establish an Employee Benefit

16  Trust Fund. Trust fund sources may be derived from any of the

17  following:

18         1.  Proceeds of vending machines, staff canteens, or

19  other such services not intended for use by inmates.

20         2.  Net proceeds of the recycling program.

21         3.2.  Donations, except for donations made by, or on

22  behalf of, an individual inmate, and except for donations made

23  by a person who provides, or seeks to provide, goods or

24  services to the department under a contract or an agreement,

25  individually or through a corporation or organization.

26         4.3.  Additional trust funds and grants which may

27  become available.

28         (b)  Funds from the Employee Benefit Trust Fund may be

29  used for employee appreciation programs and activities and to

30  construct, operate, and maintain training and recreation

31  facilities at correctional facilities for the exclusive use of


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 1  department employees. Such facilities are the property of the

 2  department and must provide the maximum benefit to all

 3  interested employees, regardless of gender.

 4         (c)  The Employee Benefit Trust Fund shall be

 5  established as a separate and distinct set of accounts, which

 6  shall be maintained centrally by the department, overseen by

 7  the secretary, and subject to an annual audit by the

 8  department's inspector general.

 9         (d)  The department shall maintain sufficient data to

10  provide an annual report, upon request, to the President of

11  the Senate, the Speaker of the House of Representatives, and

12  the Executive Office of the Governor on December 1 which lists

13  the types of services provided using moneys in the trust fund

14  and the allocations of funds spent.

15         (e)  The department shall adopt rules under ss.

16  120.536(1) and 120.54 to administer this subsection.

17         Section 4.  Section 945.21501, Florida Statutes, is

18  amended to read:

19         945.21501  Employee Benefit Trust Fund.--

20         (1)  There is hereby created in the Department of

21  Corrections the Employee Benefit Trust Fund. The purpose of

22  the trust fund shall be to:

23         (a)  Construct, operate, and maintain training and

24  recreation facilities at correctional facilities for the

25  exclusive use of department employees. Any facility

26  constructed using funds from the Employee Benefit Trust Fund

27  is the property of the department and must provide the maximum

28  benefit to all interested employees, regardless of gender.

29         (b)  Provide funding for employee appreciation programs

30  and activities designed to enhance the morale of employees.

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 1  Moneys shall be deposited in the trust fund as provided in s.

 2  945.215.

 3         (2)  Notwithstanding the provisions of s. 216.301 and

 4  pursuant to s. 216.351, any balance in the trust fund at the

 5  end of any fiscal year shall remain in the trust fund at the

 6  end of the year and shall be available for carrying out the

 7  purposes of the trust fund.

 8         (3)  The department shall adopt rules pursuant to ss.

 9  120.536(1) and 120.54 to administer this section.

10         Section 5.  Subsection (1) of section 948.06, Florida

11  Statutes, is amended and paragraph (h) is added to subsection

12  (2) of that section, to read:

13         948.06  Violation of probation or community control;

14  revocation; modification; continuance; failure to pay

15  restitution or cost of supervision.--

16         (1)(a)  Whenever within the period of probation or

17  community control there are reasonable grounds to believe that

18  a probationer or offender in community control has violated

19  his or her probation or community control in a material

20  respect, any law enforcement officer who is aware of the

21  probationary or community control status of the probationer or

22  offender in community control or any parole or probation

23  supervisor may arrest or request any county or municipal law

24  enforcement officer to arrest such probationer or offender

25  without warrant wherever found and forthwith return him or her

26  to the court granting such probation or community control.

27         (b)  Any committing trial court judge may issue a

28  warrant, upon the facts being made known to him or her by

29  affidavit of one having knowledge of such facts, for the

30  arrest of the probationer or offender, returnable forthwith

31  before the court granting such probation or community control.


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 1  In lieu of issuing a warrant for arrest, the committing trial

 2  court judge may issue a notice to appear if the probationer or

 3  offender in community control has never been convicted of

 4  committing, and is not currently alleged to have committed, a

 5  qualifying offense as defined in this section.

 6         (c)  Any parole or probation supervisor, any officer

 7  authorized to serve criminal process, or any peace officer of

 8  this state is authorized to serve and execute such warrant.

 9  Any parole or probation supervisor is authorized to serve such

10  notice to appear.

11         (d)  Upon the filing of an affidavit alleging a

12  violation of probation or community control and following

13  issuance of a warrant under s. 901.02, a warrantless arrest

14  under this section, or a notice to appear under this section,

15  the probationary period is tolled until the court enters a

16  ruling on the violation. Notwithstanding the tolling of

17  probation as provided in this subsection, the court shall

18  retain jurisdiction over the offender for any violation of the

19  conditions of probation or community control that is alleged

20  to have occurred during the tolling period. The probation

21  officer is permitted to continue to supervise any offender who

22  remains available to the officer for supervision until the

23  supervision expires pursuant to the order of probation or

24  community control or until the court revokes or terminates the

25  probation or community control, whichever comes first.

26         (e)  The chief judge of each judicial circuit may

27  direct the department to use a notification letter of a

28  technical violation in appropriate cases in lieu of a

29  violation report, affidavit, and warrant when the alleged

30  violation is not a new felony or misdemeanor offense. Such

31  direction must be in writing and must specify the types of


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 1  specific violations which are to be reported by a notification

 2  letter of a technical violation, any exceptions to those

 3  violations, and the required process for submission. At the

 4  direction of the chief judge, the department shall send the

 5  notification letter of a technical violation to the court.

 6         (f)  The court may allow the department to file an

 7  affidavit, notification letter, violation report, or other

 8  report under this section by facsimile or electronic

 9  submission.

10         (2)

11         (h)1.  For each case in which the offender admits to

12  committing a violation or is found to have committed a

13  violation, the department shall provide the court with a

14  recommendation as to disposition by the court. The department

15  shall provide the reasons for its recommendation and include

16  an evaluation of:

17         a.  The appropriateness or inappropriateness of

18  community facilities, programs, or services for treating or

19  supervising the offender;

20         b.  The ability or inability of the department to

21  provide an adequate level of supervision of the offender in

22  the community and a statement of what constitutes an adequate

23  level of supervision; and

24         c.  The existence of treatment modalities that the

25  offender could use but that do not currently exist in the

26  community.

27         2.  The report must also include a summary of the

28  offender's prior supervision history, including the offender's

29  prior participation in treatment, educational, and vocational

30  programs, and any other actions by or circumstances concerning

31  the offender which are relevant.


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 1         3.  The court may specify whether the recommendation or

 2  report must be oral or written and may waive the requirement

 3  for a report in an individual case or a class of cases. This

 4  paragraph does not prohibit the department from making any

 5  other report or recommendation that is provided for by law or

 6  requested by the court.

 7         Section 6.  The Department of Corrections shall conduct

 8  a caseload and risk-assessment study to determine management

 9  caseload ratios for probation and community control and

10  provide supervision based on an offender's level of risk. The

11  department shall submit a final report to the Governor, the

12  President of the Senate, and the Speaker of the House of

13  Representatives by December 31, 2007.

14         Section 7.  This act shall take effect upon becoming a

15  law.

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