| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Corrections; amending |
| 3 | s. 316.003, F.S.; including vehicles operated by the |
| 4 | department within the definition of the term "authorized |
| 5 | emergency vehicles" for purposes of the Traffic Control |
| 6 | Law; amending s. 316.2397, F.S.; authorizing the |
| 7 | department to operate vehicles that have emergency lights |
| 8 | and sirens; amending s. 945.215, F.S.; providing for the |
| 9 | funds in the Employee Benefit Trust Fund to be used for |
| 10 | certain additional purposes; limiting the types of |
| 11 | donations that the department may accept for deposit into |
| 12 | the fund; requiring that the fund be subject to oversight |
| 13 | by the Secretary of Corrections and an annual audit; |
| 14 | requiring that the department provide an annual report |
| 15 | concerning allocations from the trust fund at the request |
| 16 | of the Legislature and Governor; requiring that the |
| 17 | department adopt rules; amending s. 945.21501, F.S.; |
| 18 | providing that facilities constructed using funds from the |
| 19 | Employee Benefit Trust Fund are property of the department |
| 20 | and requiring such facilities to provide maximum benefit |
| 21 | for all employees; requiring that the department adopt |
| 22 | rules; amending s. 948.06, F.S.; authorizing the court to |
| 23 | issue a notice to appear for certain violators; providing |
| 24 | for service of notices to appear; providing for tolling of |
| 25 | the probationary period; providing for the use of a |
| 26 | notification letter of a technical violation of a term of |
| 27 | probation or community control; authorizing the court to |
| 28 | allow the submission of certain documents electronically |
| 29 | or by facsimile; requiring the department to provide the |
| 30 | court with recommendations as to disposition by the court; |
| 31 | requiring the department to conduct a study and submit a |
| 32 | report; providing an effective date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Subsection (1) of section 316.003, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 316.003 Definitions.--The following words and phrases, |
| 39 | when used in this chapter, shall have the meanings respectively |
| 40 | ascribed to them in this section, except where the context |
| 41 | otherwise requires: |
| 42 | (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the fire |
| 43 | department (fire patrol), police vehicles, and such ambulances |
| 44 | and emergency vehicles of municipal departments, public service |
| 45 | corporations operated by private corporations, the Department of |
| 46 | Environmental Protection, the Department of Health, and the |
| 47 | Department of Transportation, and the Department of Corrections |
| 48 | as are designated or authorized by their respective department |
| 49 | or the chief of police of an incorporated city or any sheriff of |
| 50 | any of the various counties. |
| 51 | Section 2. Subsection (3) of section 316.2397, Florida |
| 52 | Statutes, is amended to read: |
| 53 | 316.2397 Certain lights prohibited; exceptions.-- |
| 54 | (3) Vehicles of the fire department and fire patrol, |
| 55 | including vehicles of volunteer firefighters as permitted under |
| 56 | s. 316.2398, vehicles of medical staff physicians or technicians |
| 57 | of medical facilities licensed by the state as authorized under |
| 58 | s. 316.2398, ambulances as authorized under this chapter, and |
| 59 | buses and taxicabs as authorized under s. 316.2399 are permitted |
| 60 | to show or display red lights. Vehicles of the fire department, |
| 61 | fire patrol, police vehicles, and such ambulances and emergency |
| 62 | vehicles of municipal and county departments, public service |
| 63 | corporations operated by private corporations, the Department of |
| 64 | Environmental Protection, the Department of Transportation, and |
| 65 | the Department of Agriculture and Consumer Services, and the |
| 66 | Department of Corrections as are designated or authorized by |
| 67 | their respective department or the chief of police of an |
| 68 | incorporated city or any sheriff of any county are hereby |
| 69 | authorized to operate emergency lights and sirens in an |
| 70 | emergency. Wreckers, mosquito control fog and spray vehicles, |
| 71 | and emergency vehicles of governmental departments or public |
| 72 | service corporations may show or display amber lights when in |
| 73 | actual operation or when a hazard exists provided they are not |
| 74 | used going to and from the scene of operation or hazard without |
| 75 | specific authorization of a law enforcement officer or law |
| 76 | enforcement agency. Wreckers must use amber rotating or flashing |
| 77 | lights while performing recoveries and loading on the roadside |
| 78 | day or night, and may use such lights while towing a vehicle on |
| 79 | wheel lifts, slings, or under reach if the operator of the |
| 80 | wrecker deems such lights necessary. A flatbed, car carrier, or |
| 81 | rollback may not use amber rotating or flashing lights when |
| 82 | hauling a vehicle on the bed unless it creates a hazard to other |
| 83 | motorists because of protruding objects. Further, escort |
| 84 | vehicles may show or display amber lights when in the actual |
| 85 | process of escorting overdimensioned equipment, material, or |
| 86 | buildings as authorized by law. Vehicles of private watch, |
| 87 | guard, or patrol agencies licensed pursuant to chapter 493 may |
| 88 | show or display amber lights while patrolling condominium, |
| 89 | cooperative, and private residential and business communities by |
| 90 | which employed and which traverse public streets or highways. |
| 91 | Section 3. Subsection (3) of section 945.215, Florida |
| 92 | Statutes, is amended to read: |
| 93 | 945.215 Inmate welfare and employee benefit trust funds.-- |
| 94 | (3) EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF |
| 95 | CORRECTIONS.-- |
| 96 | (a) The department may establish an Employee Benefit Trust |
| 97 | Fund. Trust fund sources may be derived from any of the |
| 98 | following: |
| 99 | 1. Proceeds of vending machines, staff canteens, or other |
| 100 | such services not intended for use by inmates. |
| 101 | 2. Net proceeds of the recycling program. |
| 102 | 3.2. Donations, except for donations made by, or on behalf |
| 103 | of, an individual inmate, and except for donations made by a |
| 104 | person who provides, or seeks to provide, goods or services to |
| 105 | the department under a contract or an agreement, individually or |
| 106 | through a corporation or organization. |
| 107 | 4.3. Additional trust funds and grants which may become |
| 108 | available. |
| 109 | (b) Funds from the Employee Benefit Trust Fund may be used |
| 110 | for employee appreciation programs and activities and to |
| 111 | construct, operate, and maintain training and recreation |
| 112 | facilities at correctional facilities for the exclusive use of |
| 113 | department employees. Such facilities are the property of the |
| 114 | department and must provide the maximum benefit to all |
| 115 | interested employees, regardless of gender. |
| 116 | (c) The Employee Benefit Trust Fund shall be established |
| 117 | as a separate and distinct set of accounts, which shall be |
| 118 | maintained centrally by the department, overseen by the |
| 119 | secretary, and subject to an annual audit by the department's |
| 120 | inspector general. |
| 121 | (d) The department shall maintain sufficient data to |
| 122 | provide an annual report, upon request, to the President of the |
| 123 | Senate, the Speaker of the House of Representatives, and the |
| 124 | Executive Office of the Governor on December 1 that lists the |
| 125 | types of services provided using moneys in the trust fund and |
| 126 | the allocations of funds spent. |
| 127 | (e) The department shall adopt rules pursuant to ss. |
| 128 | 120.536(1) and 120.54 to administer this subsection. |
| 129 | Section 4. Section 945.21501, Florida Statutes, is amended |
| 130 | to read: |
| 131 | 945.21501 Employee Benefit Trust Fund.-- |
| 132 | (1) There is hereby created in the Department of |
| 133 | Corrections the Employee Benefit Trust Fund. The purpose of the |
| 134 | trust fund shall be to: |
| 135 | (a) Construct, operate, and maintain training and |
| 136 | recreation facilities at correctional facilities for the |
| 137 | exclusive use of department employees. Any facility constructed |
| 138 | using funds from the Employee Benefit Trust Fund is the property |
| 139 | of the department and must provide the maximum benefit to all |
| 140 | interested employees, regardless of gender. |
| 141 | (b) Provide funding for employee appreciation programs and |
| 142 | activities designed to enhance the morale of employees. |
| 143 | (2) Moneys shall be deposited in the trust fund as |
| 144 | provided in s. 945.215. |
| 145 | (3)(2) Notwithstanding the provisions of s. 216.301 and |
| 146 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 147 | of any fiscal year shall remain in the trust fund at the end of |
| 148 | the year and shall be available for carrying out the purposes of |
| 149 | the trust fund. |
| 150 | (4) The department shall adopt rules pursuant to ss. |
| 151 | 120.536(1) and 120.54 to administer this section. |
| 152 | Section 5. Subsection (1) of section 948.06, Florida |
| 153 | Statutes, is amended, and paragraph (h) is added to subsection |
| 154 | (2) of that section, to read: |
| 155 | 948.06 Violation of probation or community control; |
| 156 | revocation; modification; continuance; failure to pay |
| 157 | restitution or cost of supervision.-- |
| 158 | (1)(a) Whenever within the period of probation or |
| 159 | community control there are reasonable grounds to believe that a |
| 160 | probationer or offender in community control has violated his or |
| 161 | her probation or community control in a material respect, any |
| 162 | law enforcement officer who is aware of the probationary or |
| 163 | community control status of the probationer or offender in |
| 164 | community control or any parole or probation supervisor may |
| 165 | arrest or request any county or municipal law enforcement |
| 166 | officer to arrest such probationer or offender without warrant |
| 167 | wherever found and forthwith return him or her to the court |
| 168 | granting such probation or community control. |
| 169 | (b) Any committing trial court judge may issue a warrant, |
| 170 | upon the facts being made known to him or her by affidavit of |
| 171 | one having knowledge of such facts, for the arrest of the |
| 172 | probationer or offender, returnable forthwith before the court |
| 173 | granting such probation or community control. In lieu of issuing |
| 174 | a warrant for arrest, the committing trial court judge may issue |
| 175 | a notice to appear if the probationer or offender in community |
| 176 | control has never been convicted of committing, and is not |
| 177 | currently alleged to have committed, a qualifying offense as |
| 178 | defined in this section. |
| 179 | (c) Any parole or probation supervisor, any officer |
| 180 | authorized to serve criminal process, or any peace officer of |
| 181 | this state is authorized to serve and execute such warrant. Any |
| 182 | parole or probation supervisor is authorized to serve such |
| 183 | notice to appear. |
| 184 | (d) Upon the filing of an affidavit alleging a violation |
| 185 | of probation or community control and following issuance of a |
| 186 | warrant under s. 901.02, a warrantless arrest under this |
| 187 | section, or a notice to appear under this section, the |
| 188 | probationary period is tolled until the court enters a ruling on |
| 189 | the violation. Notwithstanding the tolling of probation as |
| 190 | provided in this subsection, the court shall retain jurisdiction |
| 191 | over the offender for any violation of the conditions of |
| 192 | probation or community control that is alleged to have occurred |
| 193 | during the tolling period. The probation officer is permitted to |
| 194 | continue to supervise any offender who remains available to the |
| 195 | officer for supervision until the supervision expires pursuant |
| 196 | to the order of probation or community control or until the |
| 197 | court revokes or terminates the probation or community control, |
| 198 | whichever comes first. |
| 199 | (e) The chief judge of each judicial circuit shall direct |
| 200 | the department to use a notification letter of a technical |
| 201 | violation in appropriate cases in lieu of a violation report, |
| 202 | affidavit, and warrant when the alleged violation is not a new |
| 203 | felony or misdemeanor offense. Such direction must be in writing |
| 204 | and must specify the types of specific violations that are to be |
| 205 | reported by a notification letter of a technical violation, any |
| 206 | exceptions to those violations, and the required process for |
| 207 | submission. At the direction of the chief judge, the department |
| 208 | shall send the notification letter of a technical violation to |
| 209 | the court. |
| 210 | (f) The court may allow the department to file an |
| 211 | affidavit, notification letter, violation report, or other |
| 212 | report under this section by facsimile or electronic submission. |
| 213 | (2) |
| 214 | (h)1. For each case in which the offender admits to |
| 215 | committing a violation or is found to have committed a |
| 216 | violation, the department shall provide the court with a |
| 217 | recommendation as to disposition by the court. The department |
| 218 | shall provide the reasons for its recommendation and include an |
| 219 | evaluation of the following: |
| 220 | a. The appropriateness or inappropriateness of community |
| 221 | facilities, programs, or services for treating or supervising |
| 222 | the offender. |
| 223 | b. The ability or inability of the department to provide |
| 224 | an adequate level of supervision of the offender in the |
| 225 | community and a statement of what constitutes an adequate level |
| 226 | of supervision. |
| 227 | c. The existence of treatment modalities that the offender |
| 228 | could use but that do not currently exist in the community. |
| 229 | 2. The report must also include a summary of the |
| 230 | offender's prior supervision history, including the offender's |
| 231 | prior participation in treatment, educational and vocational |
| 232 | programs, and any other actions by or circumstances concerning |
| 233 | the offender that are relevant. |
| 234 | 3. The court may specify whether the recommendation or |
| 235 | report must be oral or written and may waive the requirement for |
| 236 | a report in an individual case or a class of cases. This |
| 237 | paragraph does not prohibit the department from making any other |
| 238 | report or recommendation that is provided for by law or |
| 239 | requested by the court. |
| 240 | Section 6. The Department of Corrections shall conduct a |
| 241 | caseload and risk-assessment study to determine management |
| 242 | caseload ratios for probation and community control and provide |
| 243 | supervision based on an offender's level of risk. The department |
| 244 | shall submit a final report to the Governor, the President of |
| 245 | the Senate, and the Speaker of the House of Representatives by |
| 246 | December 31, 2007. |
| 247 | Section 7. This act shall take effect upon becoming a law. |