HB 7113

1
A bill to be entitled
2An act relating to the Department of Corrections; amending
3s. 316.003, F.S.; including vehicles operated by the
4department within the definition of the term "authorized
5emergency vehicles" for purposes of the Traffic Control
6Law; amending s. 316.2397, F.S.; authorizing the
7department to operate vehicles that have emergency lights
8and sirens; amending s. 945.215, F.S.; providing for the
9funds in the Employee Benefit Trust Fund to be used for
10certain additional purposes; limiting the types of
11donations that the department may accept for deposit into
12the fund; requiring that the fund be subject to oversight
13by the Secretary of Corrections and an annual audit;
14requiring that the department provide an annual report
15concerning allocations from the trust fund at the request
16of the Legislature and Governor; requiring that the
17department adopt rules; amending s. 945.21501, F.S.;
18providing that facilities constructed using funds from the
19Employee Benefit Trust Fund are property of the department
20and requiring such facilities to provide maximum benefit
21for all employees; requiring that the department adopt
22rules; amending s. 948.06, F.S.; authorizing the court to
23issue a notice to appear for certain violators; providing
24for service of notices to appear; providing for tolling of
25the probationary period; providing for the use of a
26notification letter of a technical violation of a term of
27probation or community control; authorizing the court to
28allow the submission of certain documents electronically
29or by facsimile; requiring the department to provide the
30court with recommendations as to disposition by the court;
31requiring the department to conduct a study and submit a
32report; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsection (1) of section 316.003, Florida
37Statutes, is amended to read:
38     316.003  Definitions.--The following words and phrases,
39when used in this chapter, shall have the meanings respectively
40ascribed to them in this section, except where the context
41otherwise requires:
42     (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the fire
43department (fire patrol), police vehicles, and such ambulances
44and emergency vehicles of municipal departments, public service
45corporations operated by private corporations, the Department of
46Environmental Protection, the Department of Health, and the
47Department of Transportation, and the Department of Corrections
48as are designated or authorized by their respective department
49or the chief of police of an incorporated city or any sheriff of
50any of the various counties.
51     Section 2.  Subsection (3) of section 316.2397, Florida
52Statutes, is amended to read:
53     316.2397  Certain lights prohibited; exceptions.--
54     (3)  Vehicles of the fire department and fire patrol,
55including vehicles of volunteer firefighters as permitted under
56s. 316.2398, vehicles of medical staff physicians or technicians
57of medical facilities licensed by the state as authorized under
58s. 316.2398, ambulances as authorized under this chapter, and
59buses and taxicabs as authorized under s. 316.2399 are permitted
60to show or display red lights. Vehicles of the fire department,
61fire patrol, police vehicles, and such ambulances and emergency
62vehicles of municipal and county departments, public service
63corporations operated by private corporations, the Department of
64Environmental Protection, the Department of Transportation, and
65the Department of Agriculture and Consumer Services, and the
66Department of Corrections as are designated or authorized by
67their respective department or the chief of police of an
68incorporated city or any sheriff of any county are hereby
69authorized to operate emergency lights and sirens in an
70emergency. Wreckers, mosquito control fog and spray vehicles,
71and emergency vehicles of governmental departments or public
72service corporations may show or display amber lights when in
73actual operation or when a hazard exists provided they are not
74used going to and from the scene of operation or hazard without
75specific authorization of a law enforcement officer or law
76enforcement agency. Wreckers must use amber rotating or flashing
77lights while performing recoveries and loading on the roadside
78day or night, and may use such lights while towing a vehicle on
79wheel lifts, slings, or under reach if the operator of the
80wrecker deems such lights necessary. A flatbed, car carrier, or
81rollback may not use amber rotating or flashing lights when
82hauling a vehicle on the bed unless it creates a hazard to other
83motorists because of protruding objects. Further, escort
84vehicles may show or display amber lights when in the actual
85process of escorting overdimensioned equipment, material, or
86buildings as authorized by law. Vehicles of private watch,
87guard, or patrol agencies licensed pursuant to chapter 493 may
88show or display amber lights while patrolling condominium,
89cooperative, and private residential and business communities by
90which employed and which traverse public streets or highways.
91     Section 3.  Subsection (3) of section 945.215, Florida
92Statutes, is amended to read:
93     945.215  Inmate welfare and employee benefit trust funds.--
94     (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF
95CORRECTIONS.--
96     (a)  The department may establish an Employee Benefit Trust
97Fund. Trust fund sources may be derived from any of the
98following:
99     1.  Proceeds of vending machines, staff canteens, or other
100such 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
103of, an individual inmate, and except for donations made by a
104person who provides, or seeks to provide, goods or services to
105the department under a contract or an agreement, individually or
106through a corporation or organization.
107     4.3.  Additional trust funds and grants which may become
108available.
109     (b)  Funds from the Employee Benefit Trust Fund may be used
110for employee appreciation programs and activities and to
111construct, operate, and maintain training and recreation
112facilities at correctional facilities for the exclusive use of
113department employees. Such facilities are the property of the
114department and must provide the maximum benefit to all
115interested employees, regardless of gender.
116     (c)  The Employee Benefit Trust Fund shall be established
117as a separate and distinct set of accounts, which shall be
118maintained centrally by the department, overseen by the
119secretary, and subject to an annual audit by the department's
120inspector general.
121     (d)  The department shall maintain sufficient data to
122provide an annual report, upon request, to the President of the
123Senate, the Speaker of the House of Representatives, and the
124Executive Office of the Governor on December 1 that lists the
125types of services provided using moneys in the trust fund and
126the allocations of funds spent.
127     (e)  The department shall adopt rules pursuant to ss.
128120.536(1) and 120.54 to administer this subsection.
129     Section 4.  Section 945.21501, Florida Statutes, is amended
130to read:
131     945.21501  Employee Benefit Trust Fund.--
132     (1)  There is hereby created in the Department of
133Corrections the Employee Benefit Trust Fund. The purpose of the
134trust fund shall be to:
135     (a)  Construct, operate, and maintain training and
136recreation facilities at correctional facilities for the
137exclusive use of department employees. Any facility constructed
138using funds from the Employee Benefit Trust Fund is the property
139of the department and must provide the maximum benefit to all
140interested employees, regardless of gender.
141     (b)  Provide funding for employee appreciation programs and
142activities designed to enhance the morale of employees.
143     (2)  Moneys shall be deposited in the trust fund as
144provided in s. 945.215.
145     (3)(2)  Notwithstanding the provisions of s. 216.301 and
146pursuant to s. 216.351, any balance in the trust fund at the end
147of any fiscal year shall remain in the trust fund at the end of
148the year and shall be available for carrying out the purposes of
149the trust fund.
150     (4)  The department shall adopt rules pursuant to ss.
151120.536(1) and 120.54 to administer this section.
152     Section 5.  Subsection (1) of section 948.06, Florida
153Statutes, 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;
156revocation; modification; continuance; failure to pay
157restitution or cost of supervision.--
158     (1)(a)  Whenever within the period of probation or
159community control there are reasonable grounds to believe that a
160probationer or offender in community control has violated his or
161her probation or community control in a material respect, any
162law enforcement officer who is aware of the probationary or
163community control status of the probationer or offender in
164community control or any parole or probation supervisor may
165arrest or request any county or municipal law enforcement
166officer to arrest such probationer or offender without warrant
167wherever found and forthwith return him or her to the court
168granting such probation or community control.
169     (b)  Any committing trial court judge may issue a warrant,
170upon the facts being made known to him or her by affidavit of
171one having knowledge of such facts, for the arrest of the
172probationer or offender, returnable forthwith before the court
173granting such probation or community control. In lieu of issuing
174a warrant for arrest, the committing trial court judge may issue
175a notice to appear if the probationer or offender in community
176control has never been convicted of committing, and is not
177currently alleged to have committed, a qualifying offense as
178defined in this section.
179     (c)  Any parole or probation supervisor, any officer
180authorized to serve criminal process, or any peace officer of
181this state is authorized to serve and execute such warrant. Any
182parole or probation supervisor is authorized to serve such
183notice to appear.
184     (d)  Upon the filing of an affidavit alleging a violation
185of probation or community control and following issuance of a
186warrant under s. 901.02, a warrantless arrest under this
187section, or a notice to appear under this section, the
188probationary period is tolled until the court enters a ruling on
189the violation. Notwithstanding the tolling of probation as
190provided in this subsection, the court shall retain jurisdiction
191over the offender for any violation of the conditions of
192probation or community control that is alleged to have occurred
193during the tolling period. The probation officer is permitted to
194continue to supervise any offender who remains available to the
195officer for supervision until the supervision expires pursuant
196to the order of probation or community control or until the
197court revokes or terminates the probation or community control,
198whichever comes first.
199     (e)  The chief judge of each judicial circuit shall direct
200the department to use a notification letter of a technical
201violation in appropriate cases in lieu of a violation report,
202affidavit, and warrant when the alleged violation is not a new
203felony or misdemeanor offense. Such direction must be in writing
204and must specify the types of specific violations that are to be
205reported by a notification letter of a technical violation, any
206exceptions to those violations, and the required process for
207submission. At the direction of the chief judge, the department
208shall send the notification letter of a technical violation to
209the court.
210     (f)  The court may allow the department to file an
211affidavit, notification letter, violation report, or other
212report under this section by facsimile or electronic submission.
213     (2)
214     (h)1.  For each case in which the offender admits to
215committing a violation or is found to have committed a
216violation, the department shall provide the court with a
217recommendation as to disposition by the court. The department
218shall provide the reasons for its recommendation and include an
219evaluation of the following:
220     a.  The appropriateness or inappropriateness of community
221facilities, programs, or services for treating or supervising
222the offender.
223     b.  The ability or inability of the department to provide
224an adequate level of supervision of the offender in the
225community and a statement of what constitutes an adequate level
226of supervision.
227     c.  The existence of treatment modalities that the offender
228could use but that do not currently exist in the community.
229     2.  The report must also include a summary of the
230offender's prior supervision history, including the offender's
231prior participation in treatment, educational and vocational
232programs, and any other actions by or circumstances concerning
233the offender that are relevant.
234     3.  The court may specify whether the recommendation or
235report must be oral or written and may waive the requirement for
236a report in an individual case or a class of cases. This
237paragraph does not prohibit the department from making any other
238report or recommendation that is provided for by law or
239requested by the court.
240     Section 6.  The Department of Corrections shall conduct a
241caseload and risk-assessment study to determine management
242caseload ratios for probation and community control and provide
243supervision based on an offender's level of risk. The department
244shall submit a final report to the Governor, the President of
245the Senate, and the Speaker of the House of Representatives by
246December 31, 2007.
247     Section 7.  This act shall take effect upon becoming a law.


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