HB 1213

1	A bill to be entitled
2	An act relating to corrections; amending s. 944.704, F.S.;
3	providing for specified positions for inmate transition
4	assistance to be created at state correctional facilities;
5	providing duties; providing that certain positions should
6	not be filled by correctional officers or correctional
7	probation officers; requiring organization and funding of
8	reentry coalition coordinators; amending s. 944.705, F.S.;
9	requiring the Department of Corrections to include
10	specified behavioral programming within release
11	orientation programs; amending s. 944.707, F.S.; providing
12	that funding for technology enhancements should be sought
13	for specified purposes; requiring the Agency for Workforce
14	Innovation to designate specialists to provide services to
15	ex-offenders; amending s. 946.502, F.S.; revising
16	legislative intent concerning management of correctional
17	work programs; creating s. 946.5023, F.S.; exempting the
18	Department of Corrections from specified contracting
19	requirements when it enters into contracts or leases with
20	private businesses for operation of correctional work
21	programs; amending s. 946.5025, F.S.; revising terminology
22	to conform to changes made by the act; deleting a
23	provision relating to powers of the former corrections
24	corporation; amending s. 946.5026, F.S.; revising
25	terminology to conform to changes made by the act;
26	amending s. 946.503, F.S.; creating and revising
27	definitions; repealing s. 946.504, F.S., relating to
28	organization of a corporation to operate correctional work
29	programs and leasing of facilities; creating s. 946.5045,
30	F.S.; providing for the Department of Corrections to
31	contract with correctional industries to operate
32	correctional work programs; providing for leases;
33	providing for contracts; providing criteria for review of
34	contract proposals; requiring development of criteria for
35	termination of contracts; providing for lease obligations
36	under repealed provisions; amending s. 946.505, F.S.;
37	including correctional industries within provisions
38	relating to ownership of property relating to correctional
39	works programs when the operator of such program is
40	dissolved or a lease for a program expires or is
41	terminated; providing for transfer of specified existing
42	correctional work programs; repealing s. 946.506, F.S.,
43	relating to modification or termination of correctional
44	work programs; amending s. 946.509, F.S.; revising
45	provisions relating to insurance on property leased or
46	acquired by correctional industries; providing for
47	reversion to state ownership of certain property in
48	certain circumstances; amending s. 946.5095, F.S.;
49	revising requirements concerning the duty to eliminate
50	hazardous conditions; repealing s. 946.510, F.S., relating
51	to insurance by the Division of Risk Management; amending
52	s. 946.511, F.S.; revising the priority of assigning
53	inmates to include assignment to correctional work
54	programs; revising the definition of the term "revenue-
55	generating contracts"; providing for revenue-generating
56	contracts between the department and correctional
57	industries; providing for specified deductions from sales;
58	providing for deposit and use of such funds; amending s.
59	946.512, F.S.; providing for development of inmate
60	compensation plans by the advisory board, in consultation
61	with the department; amending s. 946.515, F.S.; conforming
62	terminology to changes made by the act; deleting a
63	requirement that certain contracts contain specified
64	language; amending ss. 946.516 and 946.517, F.S.;
65	conforming terminology to changes made by the act;
66	amending s. 946.518, F.S.; revising certain exceptions to
67	limitations on the sale of goods by prisoners; amending s.
68	946.520, F.S.; conforming terminology to changes made by
69	the act; amending s. 946.522, F.S.; providing for
70	disposition of specified funds deposited in the Prison
71	Industries Trust Fund; creating s. 946.5225, F.S.;
72	creating an advisory board of directors to coordinate an
73	overall correctional work program, certify individual
74	programs proposed for Federal Prison Industry Enhancement
75	compliance, and perform other required duties; amending s.
76	946.523, F.S.; conforming terminology to changes made by
77	the act; adding victim restitution as a goal of prison
78	industry enhancement programs; providing for wages rates
79	for programs established as prison industry enhancement
80	(PIE) programs; providing for wage deductions; requiring
81	inmate participation in the prison industry enhancement
82	(PIE) program to be voluntary; repealing s. 946.524, F.S.,
83	relating to work camps; creating s. 946.526, F.S.;
84	requiring periodic review of correctional work programs;
85	requiring reports; amending s. 212.08, F.S.; conforming
86	provisions to changes made by the act; deleting obsolete
87	language; amending ss. 255.25001 and 985.682, F.S.;
88	conforming provisions to changes made by the act;
89	providing an effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Section 944.704, Florida Statutes, is amended
94	to read:
95	944.704  Staff who provide transition assistance; duties.--
96	(1)  The following positions should be established and
97	funded on a recurring basis at state correctional facilities
98	department shall provide a transition assistance specialist at
99	each of the major institutions whose duties include, but are not
100	limited to:
101	(a)(1)  Transition assistant specialists, whose duties
102	include, but are not limited to: Coordinating delivery of
103	transition assistance program services at the institution and at
104	the community correctional centers authorized pursuant to s.
105	945.091(1)(b).
106	1.  Administering in-depth needs assessments for returning
107	offenders.
108	2.(2)  Assisting in the development of each inmate's
109	postrelease plan.
110	3.(3)  Obtaining job placement information.
111	4.(4)  Providing a written medical discharge plan and
112	referral to a county health department.
113	5.(5)  For an inmate who is known to be HIV positive,
114	providing a 30-day supply of all HIV/AIDS-related medication
115	that the inmate is taking prior to release, if required under
116	protocols of the department of Corrections and treatment
117	guidelines of the United States Department of Health and Human
118	Services.
119	6.(6)  Facilitating placement in a private transition
120	housing program, if requested by any eligible inmate. If an
121	inmate who is nearing his or her date of release requests
122	placement in a contracted substance abuse transition housing
123	program, the transition assistance specialist shall inform the
124	inmate of program availability and assess the inmate's need and
125	suitability for transition housing assistance. If an inmate is
126	approved for placement, the specialist shall assist the inmate
127	and coordinate the release of the inmate with the selected
128	program. If an inmate requests and is approved for placement in
129	a contracted faith-based substance abuse transition housing
130	program, the specialist must consult with the chaplain prior to
131	such placement. In selecting inmates who are nearing their date
132	of release for placement in a faith-based program, the
133	department shall ensure that an inmate's faith orientation, or
134	lack thereof, will not be considered in determining admission to
135	the program and that the program does not attempt to convert an
136	inmate toward a particular faith or religious preference.
137	7.(7)  Providing a photo identification card to all inmates
138	prior to their release.
139	(b)  100-hour transition instructors, whose duties include,
140	but are not limited to, implementing the 100-hour transition
141	training program.
142	(c)  Regional coordinators, whose duties include, but are
143	not limited to, ensuring effective program delivery of the 100-
144	hour transition training program throughout the state.
145	(2)  The transition assistance specialists, 100-hour
146	transition instructors, and regional coordinators specialist may
147	not be a correctional officers officer or correctional probation
148	officers officer as defined in s. 943.10.
149	(3)  The department shall organize and fund reentry
150	coalition coordinators in each of the judicial circuits in the
151	state. Funding should be provided to the department to contract
152	by judicial circuit with community organizations to offer
153	temporary housing to those offenders without immediate housing
154	options upon release. Restrictions on eligible participants
155	should only apply to individuals who are prohibited by law from
156	securing such housing assistance.
157	Section 2.  Subsection (7) is added to section 944.705,
158	Florida Statutes, to read:
159	944.705  Release orientation program.--
160	(7)  The department shall provide comprehensive programming
161	that addresses an offender's criminal thinking as determined by
162	the offender's level or risk. Transition programming shall
163	incorporate a cognitive behavioral approach, span 18 to 24
164	months from release, and involve 4 to 6 months of curriculum.
165	Section 3.  Subsections (3) and (4) are added to section
166	944.707, Florida Statutes, to read:
167	944.707  Postrelease special services; job placement
168	services.--
169	(3)  Funding for technology enhancements should be sought
170	to establish computer labs at each correctional institution. The
171	technology will be used for various applications such as
172	community service linkages, programming, job interviews, meeting
173	with probation officers, visitation to aid in family
174	reunification, telemedicine, parole hearings, and legal
175	proceedings.
176	(4)  The Agency for Workforce Innovation shall designate
177	specialists dedicated solely to providing services to ex-
178	offenders.
179	Section 4.  Section 946.502, Florida Statutes, is amended
180	to read:
181	946.502  Legislative intent with respect to operation of
182	correctional work programs.--
183	(1)  It is the intent of the Legislature that the
184	Department of Corrections may contract a nonprofit corporation
185	lease and manage the correctional work programs of the
186	department to correctional industries of Corrections. These
187	correctional industries may manage the operation of correctional
188	work programs. It is the intent of the Legislature that these
189	correctional industries shall be retained as managers of
190	correctional work programs through an open and competitive
191	process.
192	(2)  It is further the intent of the Legislature that an
193	independent advisory board, as created in this part, shall
194	oversee the operation of correctional work programs of the
195	department, once one such nonprofit corporation is organized, no
196	other nonprofit corporation be organized for the purpose of
197	carrying out this part. In carrying out this part, the
198	corporation is not an "agency" within the meaning of s.
199	20.03(11).
200	(3)  It is further the intent of the Legislature that the
201	corporation shall lease all correctional work programs from the
202	department.
203	(3)(4)  It is further the intent of the Legislature that
204	the state shall have a continuing interest in ensuring assuring
205	continuity and stability in the operation of correctional work
206	programs and that this part be construed in furtherance of such
207	goals.
208	(4)(5)  It is further the intent of the Legislature that,
209	although the state has a continuing interest in correctional
210	work programs, such programs can best operate independently of
211	state government.
212	(5)(6)  It is further the intent of the Legislature that
213	the advisory board shall oversee the operation of corporation
214	will devise and operate correctional work programs to use
215	utilize inmates of all custody levels, with specific emphasis on
216	reducing idleness among close custody inmates.
217	Section 5.  Section 946.5023, Florida Statutes, is created
218	to read:
219	946.5023  Exemption from chapter 287.--The department is
220	exempt from the requirements of chapter 287 when it enters into
221	contracts or leases with private businesses for operation of
222	correctional work programs.
223	Section 6.  Section 946.5025, Florida Statutes, is amended
224	to read:
225	946.5025  Authorization of the department corporation to
226	enter into contracts.--The advisory board corporation
227	established under this part may authorize the department to
228	enter into contracts to operate correctional work programs with
229	any county or municipal authority that operates a correctional
230	facility or with a contractor authorized under chapter 944 or
231	chapter 957 to operate a private correctional facility. The
232	corporation has the same powers, privileges, and immunities in
233	carrying out such contracts as it has under this chapter.
234	Section 7.  Section 946.5026, Florida Statutes, is amended
235	to read:
236	946.5026  Sovereign immunity in tort actions.--The
237	provisions of s. 768.28 shall be applicable to the advisory
238	board corporation established under this part, which is deemed
239	to be a corporation primarily acting as an instrumentality of
240	the state.
241	Section 8.  Section 946.503, Florida Statutes, is amended
242	to read:
243	946.503  Definitions to be used with respect to
244	correctional work programs.--As used in this part, the term:
245	(1)  "Advisory board" means the board created in s.
246	946.5225 that oversees correctional work program operations and
247	authorizes the department to enter into contracts or leases for
248	correctional work programs.
249	(2)(1)  "Corporation" means the private nonprofit
250	corporation established pursuant to former s. 946.504(1), or a
251	private nonprofit corporation whose sole member is the private
252	nonprofit corporation established pursuant to s. 946.504(1), and
253	at least 51 percent of the board of which contains members of
254	the board of directors of the private nonprofit corporation
255	established pursuant to s. 946.504(1), to carry out this part.
256	(3)  "Correctional industries" means any private or public
257	entity authorized by the advisory board and contracted through
258	the department to operate a correctional work program.
259	(4)(2)  "Correctional work program" means any program that
260	is presently a part of the prison industries program operated by
261	the department or any other correctional work program carried on
262	at any state correctional facility presently or in the future,
263	but the term does not include any program authorized by s.
264	945.091 or s. 946.40.
265	(5)(3)  "Department" means the Department of Corrections.
266	(6)(4)  "Facilities" means the buildings and land used in
267	the operation of an industry program on state property.
268	(7)(5)  "Inmate" means any person incarcerated within any
269	state, county, municipal, or private correctional facility.
270	(8)(6)  "Private correctional facility" means a facility
271	authorized by chapter 944 or chapter 957.
272	Section 9.  Section 946.504, Florida Statutes, is repealed.
273	Section 10.  Section 946.5045, Florida Statutes, is created
274	to read:
275	946.5045  Contracting to correctional industries.--
276	(1)  The department may lease buildings and land to
277	correctional industries that are authorized by the advisory
278	board to operate correctional work programs.
279	(2)  No sublease for land from any other agency of state
280	government shall be in excess of that amount for which the
281	department is obligated to pay under any lease agreement with
282	any other agency of state government.
283	(a)  Prior to entering into any lease or other separate
284	contract or agreement between the department and any
285	correctional industry for the operation of a correctional work
286	program, the department shall determine that:
287	1.  The members of the advisory board authorized the
288	correctional work program.
289	2.  The bylaws of the advisory board have been approved by
290	the Governor.
291	3.  The bylaws of the advisory board contain a provision
292	that prohibits any board member from voting on any matter that
293	comes before the advisory board that would result in a direct
294	monetary gain to any board member or any entity in which any
295	board member has an interest.
296	(b)  All leases of land shall be subject to the approval of
297	the Board of Trustees of the Internal Improvement Trust Fund.
298	(3)  Upon the formation of the advisory board created in
299	this part and subsequent to the approval of the bylaws by the
300	Governor, the advisory board shall authorize the department to
301	enter into contracts with correctional industries.
302	(a)  There shall be a separate contract established for
303	each correctional work program in existence on July 1, 2008.
304	(b)  This section shall be implemented no later than July
305	1, 2009.
306	(4)  The advisory board shall establish procedures for
307	contract review pursuant to the bylaws established in s.
308	946.5225 in the following manner:
309	(a)  Each contract shall be established for a period of 5
310	years. The advisory board shall have the option to renew each
311	contract for up to 3 years.
312	(b)  After the initial 5-year period or after completion of
313	the renewal period, each contract shall be competitively rebid
314	according to the bylaws.
315	(c)  The advisory board shall establish criteria for the
316	review of proposals. Such criteria shall include, but are not
317	limited to:
318	1.  Projected impact of the proposal on recidivism rates.
319	2.  Projected impact of the proposal on disciplinary
320	reports.
321	3.  Number of program slots.
322	4.  The proposal's inclusion of job placement and
323	transition assistance.
324	5.  The proposal's inclusion of vocational training
325	components.
326	6.  The proposal's inclusion of educational training
327	components.
328	7.  The proposal's inclusion of training components for
329	professional certification or licensure.
330	8.  Projected impact of the proposal on the payment of
331	restitution to victims.
332	9.  Financial viability of the proposer and the proposal.
333	10.  Competition with the private sector.
334	11.  Marketing plan for the correctional work program.
335	(d)  The advisory board shall establish criteria for the
336	termination of contracts.
337	(e)  The content review and decisionmaking is entirely the
338	responsibility of the advisory board, except that the advisory
339	board may contract with a private vendor to provide consultation
340	services regarding proposals that are submitted.
341	Section 11.  The Board of Trustees of the Internal
342	Improvement Trust Fund may fulfill the obligation of any leases
343	that were entered into under s. 946.504, Florida Statutes, prior
344	to its repeal by this act. Any additional improvements to such
345	property leased previously from the Board of Trustees of the
346	Internal Improvement Trust Fund under s. 946.504, Florida
347	Statutes, must have the prior approval of the Board of Trustees
348	of the Internal Improvement Trust Fund.
349	Section 12.  Section 946.505, Florida Statutes, is amended
350	to read:
351	946.505  Ownership of enhancements Reversion upon
352	dissolution of corporation or termination of lease.--
353	(1)  In the event the corporation or any correctional
354	industry authorized by this part is dissolved or its lease of
355	any correctional work program expires or is otherwise
356	terminated, all property relating to such correctional work
357	program which ceases to function because of such termination or
358	dissolution, including all buildings, land, furnishings,
359	equipment, and other chattels originally leased from the
360	department, as well as any subsequently constructed or otherwise
361	acquired facilities in connection with its continued operation
362	of that program, automatically reverts to full ownership by the
363	department unless the corporation or any correctional industry
364	authorized by this part intends to use utilize such property in
365	another correctional work program. Such a reversionary ownership
366	interest of the state in any and all such after-acquired
367	facilities by the corporation is in furtherance of the goals
368	established in s. 946.502(3)(4), and such a present ownership
369	interest by the state is a continuing and insurable state
370	interest.
371	(2)  Notwithstanding any provision of subsection (1), the
372	ownership of any permanent enhancements made to facilities or
373	work programs is vested in the department.
374	Section 13.  Transition of correctional work programs.--
375	(1)  Effective July 1, 2009, and subsequent to the
376	contracts established between the corporation established
377	pursuant to s. 946.504(1), Florida Statutes, and the Department
378	of Corrections for operating correctional work programs in
379	existence on July 1, 2008, the corporation's leases are
380	terminated with regard to the following leases of correctional
381	work programs: 2673, 2675, 2670, 2920, 2573, 3532, 3287, 3129,
382	3905, 2676, 5331, 3236, 2668, 3014, 2673, 3513, 4284, and 4264.
383	In the event the corporation does not wish to enter into a
384	contract for a correctional work program in existence on July 1,
385	2008, the correctional work program is dissolved and all
386	property relating to such correctional work program which ceases
387	to function because of such termination, including all
388	buildings, land, furnishings, equipment, and other chattels
389	originally leased from the department, as well as any
390	subsequently constructed or otherwise acquired facilities in
391	connection with its continued operation of that program,
392	automatically reverts to full ownership by the department.
393	(2)  Notwithstanding any provision of subsection (1), the
394	ownership of any permanent enhancements made to facilities or
395	work programs is vested in the Department of Corrections as
396	provided in s. 946.505, Florida Statutes, as amended by this
397	act.
398	(3)  This section shall expire upon completion of all
399	actions required to implement subsection (1).
400	Section 14.  Section 946.506, Florida Statutes, is
401	repealed.
402	Section 15.  Section 946.509, Florida Statutes, is amended
403	to read:
404	946.509  Insurance of property leased or acquired by the
405	correctional industries corporation.--
406	(1)  A correctional industry that contracts to operate a
407	correctional work program The State Risk Management Trust Fund
408	created under s. 284.30 shall insure all property eligible for
409	coverage under part I of chapter 284 which is leased by the
410	department to such entity the corporation or which is
411	subsequently acquired and owned or leased by such entity or the
412	corporation and subject to the reversionary ownership interest
413	of the state established in s. 946.505. The correctional
414	industry shall insure those properties for the full value of the
415	property against loss from fire, lightning, sinkholes, and
416	hazards customarily insured by extended coverage and loss from
417	the removal of person property from such properties when
418	endangered by covered perils. Flood insurance shall be provided
419	for those properties to the extent necessary to meet self-
420	insurance requirements of the National Flood Insurance Program,
421	as prescribed in the rules and regulations of the Federal
422	Emergency Management Agency. The advisory board may also require
423	reasonable liability insurance, and such other insurance as may
424	be appropriate concerning a correctional industries'
425	solicitation under s. 946.5045.
426	(2)  Coverage under the State Risk Management Trust Fund of
427	property leased to or otherwise acquired by the corporation
428	shall be secured and maintained through the existing policy and
429	account of the Department of Corrections with the Division of
430	Risk Management of the Department of Financial Services. All
431	matters, including premium calculations, assessments and
432	payments, retrospective premium adjustments, reporting
433	requirements, and other requirements, concerning coverage of
434	such property under the State Risk Management Trust Fund shall
435	be conducted as if all such property were owned solely by the
436	department. Except as required by chapter 284, if the
437	corporation finds that it is more economical to do so, the
438	corporation may secure private insurance coverage on all or a
439	portion of the activities of or properties used by the
440	corporation. If coverage through the State Risk Management Trust
441	Fund is not secured, the corporation must present documentation
442	of insurance coverage to the Division of Risk Management equal
443	to the coverage that could otherwise be provided by the State
444	Risk Management Trust Fund.
445	Section 16.  Section 946.5095, Florida Statutes, is amended
446	to read:
447	946.5095  Elimination of hazardous conditions.--Whenever
448	there exists on any property leased by the corporation pursuant
449	to this part a condition that Pursuant to the applicable
450	provisions of part I of chapter 284, whenever state-insured
451	property leased to or otherwise held by the corporation is
452	inspected by the Division of Risk Management of the Department
453	of Financial Services and any condition is found to exist which,
454	in the opinion of the division, is hazardous from the standpoint
455	of destruction by fire or other insurable causes, the
456	corporation shall either promptly repair the property to
457	eliminate any observed hazard or otherwise promptly remove the
458	hazardous condition at its own expense.
459	Section 17.  Section 946.510, Florida Statutes, is
460	repealed.
461	Section 18.  Section 946.511, Florida Statutes, is amended
462	to read:
463	946.511  Inmate labor to operate correctional work
464	programs.--
465	(1)  Inmates shall be evaluated and identified during the
466	reception process to determine basic literacy, employment
467	skills, academic skills, vocational skills, and remedial and
468	rehabilitative needs. The evaluation shall prescribe education,
469	work, and work-training for each inmate. Assignment to programs
470	shall be based on the evaluation and the length of time the
471	inmate will be in the custody of the department. Assignment to
472	programs shall be reviewed every 6 months to ensure proper
473	placement based on bed space availability. Assignment of inmates
474	shall be governed by the following objectives and priorities:
475	(a)  Inmates shall be assigned to meet the needs of the
476	work requirements of the Department of Corrections, including
477	essential operational functions and revenue-generating
478	contracts.
479	(b)  Inmates shall be assigned to correctional education.
480	(c)  Inmates shall be assigned to meet all other work
481	requirements of the department, including remaining operational
482	functions and nonrevenue-generating contracts.
483	(d)  Inmates shall be assigned to the department's
484	correctional work programs.
485
486	As used in this subsection, the term "revenue-generating
487	contracts" includes contracts between the department and
488	federal, state, or local governmental entities or the
489	correctional industries operating correctional work programs
490	under this part with the Department of Transportation, the
491	corporation authorized to conduct the correctional work programs
492	under this part, the corporation and private sector businesses
493	operating programs authorized under s. 946.523, and federal,
494	state, or local governmental entities or subdivisions authorized
495	under s. 944.10(7).
496	(2)  Revenue-generating contracts, under the authorization
497	of the advisory board, shall be established between the
498	department and correctional industries. The department shall
499	deduct three-quarters of a percent of the sales generated from
500	correctional work programs operated by the correctional
501	industries on a quarterly basis in accordance with the state
502	fiscal year. These deductions shall be deposited into the Prison
503	Industries Trust Fund established in s. 946.522. An amount equal
504	to these deductions may be withdrawn from the trust fund by the
505	advisory board for the purposes of paying for per diem and
506	travel of the advisory board, compensating consultants,
507	marketing, and thereafter for purposes of construction or
508	renovation of its facilities or for the expansion or
509	establishment of correctional work programs.
510	(3)(2)  The advisory board corporation shall establish
511	policies and procedures relating to the use of inmates in its
512	correctional work program, which shall be submitted to the
513	department for approval. Any policies and procedures in effect
514	on the effective date of this act do not require approval.
515	Section 19.  Section 946.512, Florida Statutes, is amended
516	to read:
517	946.512  Inmate compensation plan.--The advisory board, in
518	consultation with the department, corporation shall establish a
519	compensation plan that provides for a specific amount to be paid
520	to the department to be credited to an account for an inmate
521	performing labor and a portion to be used to make any court-
522	ordered payments, including restitution to the victim, and a
523	specific amount to be paid to the Prison Industries Trust Fund
524	to be used as provided in s. 946.522. Such funds, excluding
525	victim restitution payments, court-ordered payments, and the
526	amount credited to the account of the inmate, shall be deposited
527	in the Prison Industries Trust Fund to be used as provided in s.
528	946.522.
529	Section 20.  Section 946.515, Florida Statutes, is amended
530	to read:
531	946.515  Use of goods and services produced in correctional
532	work programs.--
533	(1)  Any service or item manufactured, processed, grown, or
534	produced by the corporation in a correctional work program may
535	be furnished or sold to any legislative, executive, or judicial
536	agency of the state, any political subdivision, any other state,
537	any foreign entity or agent thereof, or any agency of the
538	Federal Government, to any contract vendor for such agencies or
539	any subcontractor of the contract vendor, or to any person,
540	firm, or business entity if not prohibited by federal law.
541	(2)  No similar product or service of comparable price and
542	quality found necessary for use by any state agency may be
543	purchased from any source other than a correctional work program
544	the corporation if the advisory board corporation certifies that
545	the product is manufactured by, or the service is provided by,
546	inmates and the product or service meets the comparable
547	performance specifications and comparable price and quality
548	requirements as specified under s. 287.042(1)(f) or as
549	determined by an individual agency as provided in this section.
550	The purchasing authority of any such state agency may make
551	reasonable determinations of need, price, and quality with
552	reference to products or services available from the
553	correctional work programs corporation. In the event of a
554	dispute between a correctional work program the corporation and
555	any purchasing authority based upon price or quality under this
556	section or s. 287.042(1)(f), either party may request a hearing
557	with the Department of Management Services and if not resolved,
558	either party may request a proceeding pursuant to ss. 120.569
559	and 120.57, which shall be referred to the Division of
560	Administrative Hearings within 60 days after such request, to
561	resolve any dispute under this section. No party is entitled to
562	any appeal pursuant to s. 120.68.
563	(3)  Agricultural commodities, including, but not limited
564	to, sugar cane, vegetables, beef, and dairy products, may be
565	sold to private entities or may be sold or disposed of as
566	provided in subsection subsections (1) and (2).
567	(4)  The provisions of part I of chapter 287 do not apply
568	to any purchases of commodities or contractual services made by
569	any legislative, executive, or judicial agency of the state from
570	correctional work programs the corporation.
571	(5)  In addition, the department, pursuant to the approval
572	of the advisory board, corporation may contract to provide
573	inmate services or inmate goods to private enterprise, where
574	such services or goods are under the direct supervision of the
575	department corporation and, further, where it is determined by
576	the Governor that the department corporation by the provision of
577	such services or goods does not unreasonably seek to compete
578	with other businesses in this state.
579	(6)  If, pursuant to a contract between any legislative,
580	executive, or judicial agency of the state and any private
581	contract vendor, a product or service is required by the
582	Department of Management Services or on behalf of any state
583	agency, is certified by or is available from the corporation
584	identified in this chapter, and has been approved in accordance
585	with subsection (2), the contract must contain the following
586	language:
587
588	IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH
589	ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT
590	SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER
591	946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET
592	FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR PURPOSES OF
593	THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY
594	CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO
595	BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH
596	CORPORATION ARE CONCERNED.
597	(6)(7)  The provisions of s. 946.518 do not apply to this
598	section.
599	Section 21.  Section 946.516, Florida Statutes, is amended
600	to read:
601	946.516  Advisory board Corporation status report and
602	annual financial audit report.--
603	(1)  The advisory board corporation shall submit to the
604	Governor and the Legislature, on or before July 1 of each year,
605	a report on the status of the correctional work programs,
606	including, but not limited to, the proposed use of the profits
607	from such programs, a breakdown of the amount of noninmate labor
608	used, work subcontracted to other vendors, use of consultants,
609	finished goods purchased for resale, and the number of inmates
610	working in the correctional work programs at the time of such
611	report. In addition, the advisory board corporation shall submit
612	to the department, the Governor, the Legislature, and the
613	Auditor General an annual financial audit report and such other
614	information as may be requested by the Legislature, together
615	with recommendations relating to provisions for reasonable tax
616	incentives to private enterprises which employ inmates,
617	parolees, or former inmates who have participated in
618	correctional work programs.
619	(2)  The department shall include, as a portion of its
620	annual report, a report on postrelease job placement and the
621	rate of subsequent contact with the correctional system for
622	those inmates who have participated in the correctional work
623	programs overseen by the advisory board and contracted through
624	the department operated by the corporation and by the
625	department.
626	(3)  The corporation shall have an annual financial audit
627	of its accounts and records by an independent certified public
628	accountant retained by it and paid from its funds. The Auditor
629	General or the director of the Office of Program Policy Analysis
630	and Government Accountability may, pursuant to his or her own
631	authority or at the direction of the Joint Legislative Auditing
632	Committee, conduct an audit of the advisory board corporation.
633	(4)  The advisory board corporation shall be governed by
634	the generally accepted accounting principles as established by
635	the Financial Accounting Standards Board (FASB) in order to
636	carry out the intent of s. 946.502(2) and (4)(5).
637	Section 22.  Section 946.517, Florida Statutes, is amended
638	to read:
639	946.517  Advisory board Corporation records.--Advisory
640	board Corporation records are public records; however,
641	proprietary confidential business information shall be
642	confidential and exempt from the provisions of s. 119.07(1) and
643	s. 24(a), Art. I of the State Constitution. However, the
644	Legislature, the Chief Financial Officer, and the Governor,
645	pursuant to their oversight and auditing functions, shall have
646	access to all proprietary confidential business information upon
647	request to the advisory board and without subpoena and shall
648	retain the confidentiality of information so received.
649	"Proprietary confidential business information" means
650	information regardless of form or characteristics, that is owned
651	or controlled by the advisory board corporation; is intended to
652	be and is treated by the advisory board corporation as private
653	and the disclosure of the information would cause harm to the
654	advisory board's corporation's business operations; has not been
655	disclosed unless disclosed pursuant to a statutory provision, an
656	order of a court or administrative body, a legislative
657	proceeding pursuant to s. 5, Art. III of the State Constitution,
658	or a private agreement that provides that the information may be
659	released to the public; and, which is information regarding:
660	(1)  Internal auditing controls and reports of internal
661	auditors.
662	(2)  Matters reasonably encompassed in privileged attorney-
663	client communications.
664	(3)  Security measures, systems, or procedures.
665	(4)  Information concerning bids, proposals, or other
666	contractual data, banking records, and credit agreements, the
667	disclosure of which would impair the efforts of the advisory
668	board corporation to contract for goods or services on favorable
669	terms.
670	(5)  Information relating to private contractual data, the
671	disclosure of which would impair the competitive interest of the
672	provider of the information.
673	(6)  Corporate officer, employee personnel, or inmate
674	worker information unrelated to compensation, duties,
675	qualifications, or responsibilities.
676	Section 23.  Section 946.518, Florida Statutes, is amended
677	to read:
678	946.518  Sale of goods made by prisoners; when prohibited,
679	when permitted.--Goods, wares, or merchandise manufactured or
680	mined in whole or in part by prisoners (except prisoners on
681	parole or probation) may not be sold or offered for sale in this
682	state by any person or by any federal authority or state or
683	political subdivision thereof; however, this section does not
684	forbid the sale, exchange, or disposition of such goods within
685	the limitations set forth in s. 946.515, s. 946.523, or s.
686	946.524.
687	Section 24.  Section 946.520, Florida Statutes, is amended
688	to read:
689	946.520  Assignment of inmates by Department of
690	Corrections.--
691	(1)  The department shall exert its best efforts to assign
692	inmates to correctional work programs operated by correctional
693	industries, the advisory board corporation, or the private
694	sector business authorized under this part, who have not less
695	than 1 nor more than 5 years remaining before their tentative
696	release dates. Beginning January 1, 1998, The department shall
697	maintain the assignment of at least 60 percent of inmates to all
698	correctional work programs collectively to the correctional
699	industries corporation, or to the private sector business
700	authorized under this part, who have less than 10 years
701	remaining before their tentative release dates. This 60-percent
702	requirement does not apply to any correctional work program, or
703	private sector business authorized under this part, within an
704	institution for any year in which, as of January 1 of that year,
705	the average years remaining before the tentative release date of
706	all inmates assigned to that institution exceeds 12 years.
707	(2)  The department may not remove an inmate once assigned
708	to correctional industries the corporation or to the private
709	sector business authorized under this part, except upon request
710	of or consent of the correctional industries such corporation or
711	private sector business or for the purposes of population
712	management, for inmate conduct that may subject the inmate to
713	disciplinary confinement or loss of gain-time, or for security
714	and safety concerns specifically set forth in writing to the
715	correctional industries corporation or private sector business.
716	Section 25.  Subsections (1), (2), and (5) of section
717	946.522, Florida Statutes, are amended to read:
718	946.522  Prison Industries Trust Fund.--
719	(1)  The Prison Industries Trust Fund is created, to be
720	administered by the Department of Financial Services. The trust
721	fund shall consist of moneys authorized to be deducted pursuant
722	to 18 U.S.C. s. 1761(c) and the applicable federal guidelines,
723	to be appropriated by the Legislature, and moneys deposited by
724	the department as corporation authorized under this part for to
725	manage and operate correctional work programs. The appropriated
726	funds may shall be used by the department to reimburse the
727	department for room and board, compensate crime victims, and pay
728	for the support of inmates' families. As provided in s.
729	946.511(2), the three-quarters of a percent deduction may be
730	withdrawn from the trust fund for the purposes of paying for per
731	diem and travel of the advisory board, compensating consultants,
732	marketing, and thereafter corporation for purposes of
733	construction or renovation of its facilities or for the
734	expansion or establishment of correctional work programs as
735	described in this part or for prison industries enhancement
736	(PIE) programs as authorized under s. 946.523.
737	(2)  The funds must be deposited in the State Treasury and
738	may be paid out only on warrants drawn by the Chief Financial
739	Officer upon receipt of a corporate resolution that has been
740	duly authorized by the advisory board created in s. 946.5225 of
741	directors of the corporation authorized under this part to
742	manage and operate correctional work programs. The department
743	and the advisory board corporation shall maintain all necessary
744	records and accounts relative to such funds.
745	(5)  Pursuant to s. 19(f)(3), Art. III of the State
746	Constitution, the trust fund consists of assets held by the
747	state, in a trustee capacity, as an agent or fiduciary for the
748	department corporation authorized under this part, and is not
749	subject to termination under s. 19(f)(2), Art. III of the State
750	Constitution.
751	Section 26.  Section 946.5225, Florida Statutes, is created
752	to read:
753	946.5225  Advisory board for correctional work programs.--
754	(1)  There is created an advisory board of directors for
755	the purposes provided in subsection (2). The advisory board
756	shall consist of six members. The Secretary of Corrections and
757	the Deputy Assistant Secretary for Institutions of the
758	Department of Corrections shall be members. The remaining four
759	members shall be appointed by the Governor and confirmed by the
760	Senate and shall serve terms of 4 years, except that when the
761	board is initially appointed, two of the members shall be
762	appointed to 2-year terms.
763	(2)  The board of directors of the advisory board shall
764	have the following responsibilities:
765	(a)  The advisory board shall coordinate an overall
766	correctional work program that follows the objectives and
767	guidelines set out in this part and any other applicable law.
768	(b)  The advisory board shall direct oversight and approval
769	for all contracted correctional work programs.
770	(c)  The advisory board shall certify individual programs
771	proposed for federal Prison Industry Enhancement (PIE)
772	compliance. However, the department shall hold the federal
773	Prison Industry Enhancement Certificate and shall be the entity
774	for all purposes for Prison Industry Enhancement Certification
775	by the federal Bureau of Justice Assistance.
776	(d)  The advisory board shall provide an annual report to
777	the Governor and the Legislature prior to July 1 each year as
778	more particularly set out in s. 946.516.
779	(e)  Within 60 days after the formation of the advisory
780	board, the advisory board shall establish bylaws.
781	(f)  The bylaws shall be submitted to the Governor for
782	approval.
783	(g)  The bylaws shall address the criteria for correctional
784	industries to operate correctional work programs, the process
785	for contractual review, the termination process of a contract,
786	and the guidelines for travel and per diem of the members of the
787	advisory board.
788	(h)  The advisory board shall meet at least quarterly.
789	(3)  The department shall provide the board of directors
790	with the staff assistance necessary to carry out its duties.
791	Section 27.  Section 946.523, Florida Statutes, is amended
792	to read:
793	946.523  Prison industry enhancement (PIE) programs.--
794	(1)  Pursuant to the approval of the advisory board, the
795	department, as holder of the Prison Industry Enhancement (PIE)
796	Certificate, The corporation may operate or contract with the
797	private sector for substantial involvement in a prison industry
798	enhancement (PIE) program that includes, but is not limited to,
799	contracts for the operation of a direct private sector business
800	within the correctional system a prison and the hiring of
801	inmates. Any contract authorized by this subsection must be in
802	compliance with federal law governing inmate work programs and
803	must not result in the significant displacement of employed
804	workers in the community. The purposes and objectives of this
805	program are to:
806	(a)  Increase the benefits to the general public by
807	reimbursing the state for a portion of the costs of
808	incarceration.
809	(b)  Provide purposeful work for inmates.
810	(c)  Increase job skills.
811	(d)  Provide additional opportunities for rehabilitating
812	inmates who are otherwise ineligible to work outside the
813	prisons, such as maximum security inmates.
814	(e)  Develop and establish new models for prison-based
815	businesses that create jobs approximating conditions of private
816	sector employment.
817	(f)  Draw upon the economic base of operations for deposit
818	into the Crimes Compensation Trust Fund.
819	(g)  Substantially involve the private sector and its
820	capital, management skills, and expertise in the design,
821	development, and operation of businesses.
822	(h)  Provide the financial basis for an inmate to
823	contribute to the support of his or her family.
824	(i)  Make victim restitution payments to the victims of the
825	inmate's crimes, so that the victim is made whole, to facilitate
826	the inmate's restoration of his or her civil rights, and to
827	further the department's reentry mission.
828	(j)(i)  Provide for the payment of state and federal taxes
829	on an inmate's wages, which are paid at the rate of the
830	prevailing or minimum wage rate.
831	(k)(j)  Provide savings for the inmate to have available
832	for his or her use upon the inmate's eventual release from
833	prison.
834	(2)  Notwithstanding any other law to the contrary,
835	including s. 440.15(8), private sector employers shall provide
836	workers' compensation coverage to inmates who participate in
837	prison industry enhancement (PIE) programs under subsection (1).
838	However, inmates are not entitled to unemployment compensation.
839	(3)  In establishing a prison industry enhancement (PIE)
840	program:
841	(a)  The department must pay wages to the inmates at a rate
842	not less than that paid for similar work in the same locality's
843	private sector; however, this paragraph shall not apply to
844	programs that are not established as a prison industry
845	enhancement (PIE) program.
846	(b)  The department may take deductions, not to exceed 80
847	percent of gross wages, for room and board; federal, state, and
848	local taxes; family support pursuant to general law or court
849	order or agreement by the inmate; and contributions of not more
850	than 20 percent but not less than 5 percent of gross wages to be
851	paid into the Crimes Compensation Trust Fund established in s.
852	960.21.
853	(c)  The department shall ensure that inmate participation
854	in the prison industry enhancement program is voluntary.
855	Section 28.  Section 946.524, Florida Statutes, is
856	repealed.
857	Section 29.  Section 946.526, Florida Statutes, is created
858	to read:
859	946.526  Periodic review.--The advisory board and the
860	department shall cooperate with the Office of Program Policy
861	Analysis and Government Accountability, which shall conduct a
862	review to determine whether correctional work programs are
863	appropriately administered and meeting performance measures. In
864	the course of the review, OPPAGA shall examine the effects of
865	correctional work programs on recidivism through the provision
866	of job training, vocational training, education, preparation for
867	certification or licensure, and transition assistance for soon-
868	to-be-released inmates. The department shall provide sufficient
869	data to OPPAGA to conduct this study. OPPAGA shall submit a
870	report to the President of the Senate and the Speaker of the
871	House of Representatives by January 1, 2010, and every 3 years
872	thereafter.
873	Section 30.  Paragraph (kk) of subsection (7) of section
874	212.08, Florida Statutes, is amended to read:
875	212.08  Sales, rental, use, consumption, distribution, and
876	storage tax; specified exemptions.--The sale at retail, the
877	rental, the use, the consumption, the distribution, and the
878	storage to be used or consumed in this state of the following
879	are hereby specifically exempt from the tax imposed by this
880	chapter.
881	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
882	entity by this chapter do not inure to any transaction that is
883	otherwise taxable under this chapter when payment is made by a
884	representative or employee of the entity by any means,
885	including, but not limited to, cash, check, or credit card, even
886	when that representative or employee is subsequently reimbursed
887	by the entity. In addition, exemptions provided to any entity by
888	this subsection do not inure to any transaction that is
889	otherwise taxable under this chapter unless the entity has
890	obtained a sales tax exemption certificate from the department
891	or the entity obtains or provides other documentation as
892	required by the department. Eligible purchases or leases made
893	with such a certificate must be in strict compliance with this
894	subsection and departmental rules, and any person who makes an
895	exempt purchase with a certificate that is not in strict
896	compliance with this subsection and the rules is liable for and
897	shall pay the tax. The department may adopt rules to administer
898	this subsection.
899	(kk)  Nonprofit corporation conducting the Correctional
900	work programs.--Products sold pursuant to s. 946.515 by
901	correctional work programs the corporation organized pursuant to
902	part II of chapter 946 are exempt from the tax imposed by this
903	chapter. This exemption applies retroactively to July 1, 1983.
904	Section 31.  Subsection (1) of section 255.25001, Florida
905	Statutes, is amended to read:
906	255.25001  Suspension or delay of specified functions,
907	programs, and requirements relating to governmental
908	operations.--Notwithstanding the provisions of:
909	(1)  Section 946.504(3), as amended by chapter 92-279, Laws
910	of Florida, the Department of Management Services shall not be
911	required to participate with the Department of Corrections in
912	the correctional work program (PRIDE) leasing process.
913	Section 32.  Paragraph (b) of subsection (15) of section
914	985.682, Florida Statutes, is amended to read:
915	985.682  Siting of facilities; study; criteria.--
916	(15)
917	(b)  Notwithstanding ss. 255.25(1)(b) and 255.25001(1)(2),
918	the department may enter into lease-purchase agreements to
919	provide juvenile justice facilities for the housing of committed
920	youths contingent upon available funds. The facilities provided
921	through such agreements shall meet the program plan and
922	specifications of the department. The department may enter into
923	such lease agreements with private corporations and other
924	governmental entities. However, notwithstanding the provisions
925	of s. 255.25(3)(a), no such lease agreement may be entered into
926	except upon advertisement for the receipt of competitive bids
927	and award to the lowest and best bidder except when contracting
928	with other governmental entities.
929	Section 33.  This act shall take effect July 1, 2008.

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