Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1722
       
       
       
       
       
       
                                Barcode 572382                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:58 PM       .                                
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       The Conference Committee on CS for SB 1722 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsection (10) of section 775.082,
    7  Florida Statutes, is renumbered as subsection (11), and a new
    8  subsection (10) is added to that section, to read:
    9         775.082 Penalties; applicability of sentencing structures;
   10  mandatory minimum sentences for certain reoffenders previously
   11  released from prison.—
   12         (10)If a defendant is sentenced for an offense committed
   13  on or after July 1, 2009, which is a third-degree felony but not
   14  a forcible felony as defined in s. 776.08, and excluding any
   15  third-degree felony violation under chapter 810, and if the
   16  total sentence points pursuant to s. 921.0024 are 22 points or
   17  fewer, the court must sentence the offender to a nonstate prison
   18  sanction. However, if the court makes written findings that a
   19  nonstate prison sanction could present a danger to the public,
   20  the court may sentence the offender to a state correctional
   21  facility pursuant to this section.
   22         Section 2. Section 921.00241, Florida Statutes, is created
   23  to read:
   24         921.00241Prison diversion program.—
   25         (1)Notwithstanding s. 921.0024 and effective for offenses
   26  committed on or after July 1, 2009, a court may divert from the
   27  state correctional system an offender who would otherwise be
   28  sentenced to a state facility by sentencing the offender to a
   29  nonstate prison sanction as provided in subsection (2). An
   30  offender may be sentenced to a nonstate prison sanction if the
   31  offender meets all of the following criteria:
   32         (a)The offender’s primary offense is a felony of the third
   33  degree.
   34         (b)The offender’s total sentence points score, as provided
   35  in s. 921.0024, is not more than 48 points, or the offender’s
   36  total sentence points score is 54 points and six of those points
   37  are for a violation of probation, community control, or other
   38  community supervision, and do not involve a new violation of
   39  law.
   40         (c)The offender has not been convicted or previously
   41  convicted of a forcible felony as defined in s. 776.08, but
   42  excluding any third-degree felony violation under chapter 810.
   43         (d)The offender’s primary offense does not require a
   44  minimum mandatory sentence.
   45         (2)If the court elects to impose a sentence as provided in
   46  this section, the court shall sentence the offender to a term of
   47  probation, community control, or community supervision with
   48  mandatory participation in a prison diversion program of the
   49  Department of Corrections if such program is funded and exists
   50  in the judicial circuit in which the offender is sentenced. The
   51  prison diversion program shall be designed to meet the unique
   52  needs of each judicial circuit and of the offender population of
   53  that circuit. The program may require residential,
   54  nonresidential, or day reporting requirements, substance abuse
   55  treatment, employment, restitution, academic or vocational
   56  opportunities, or community service work.
   57         (3)The court that sentences a defendant to a nonstate
   58  prison sanction pursuant to subsection (2) shall make written
   59  findings that the defendant meets the criteria in subsection (1)
   60  and the sentencing order must indicate that the offender was
   61  sentenced to the prison diversion program pursuant to subsection
   62  (2). The court may order the offender to pay all or a portion of
   63  the costs related to the prison diversion program if the court
   64  determines that the offender has the ability to pay.
   65         Section 3. Paragraph (a) of subsection (3) of section
   66  944.10, Florida Statutes, is amended to read:
   67         944.10 Department of Corrections to provide buildings; sale
   68  and purchase of land; contracts to provide services and inmate
   69  labor.—
   70         (3)(a) The department may enter into lease-purchase
   71  agreements to provide correctional facilities for the housing of
   72  state inmates. However, no such lease-purchase agreement shall
   73  be entered into without specific legislative authorization of
   74  that agreement, and funds must be specifically appropriated for
   75  each lease-purchase agreement. The facilities provided through
   76  such agreements shall meet the program plans and specifications
   77  of the department. The department may enter into such lease
   78  agreements with private corporations and other governmental
   79  entities. However, notwithstanding the provisions of s.
   80  255.25(3)(a), the department may not enter into no such lease
   81  agreement may be entered into except upon advertisement for and
   82  receipt of competitive bids and award to the lowest and best
   83  bidder, unless the lease-purchase agreement is entered into with
   84  the Department of Management Services, the Florida Correctional
   85  Finance Corporation, or the successors or assignees of either.
   86         Section 4.The amendments to s. 944.10(3)(a), Florida
   87  Statutes, made by this act shall expire July 1, 2010, and the
   88  text of that paragraph shall revert to that in existence on June
   89  30, 2009, except that any amendments to such text enacted other
   90  than by this act shall be preserved and continue to operate to
   91  the extent that such amendments are not dependent upon the
   92  portions of such text which expire pursuant to this section.
   93         Section 5. Section 944.171, Florida Statutes, is created to
   94  read:
   95         944.171Housing of inmates.—
   96         (1)Notwithstanding s. 944.17, the department may contract
   97  with county or municipal facilities for the purpose of housing
   98  inmates committed to the department.
   99         (a)Notwithstanding ss. 944.17 and 944.1905, before
  100  transferring a state inmate to another facility as authorized
  101  under this section, the inmate must be reclassified and scored
  102  as to custody risk based on the current offense and not on prior
  103  criminal history. Upon return to a state correctional
  104  institution, the inmate must be reclassified based on ss. 944.17
  105  and 944.1905.
  106         (b)Any inmate placed in another facility under this
  107  section remains under the jurisdiction of the department.
  108         (2)Notwithstanding s. 944.17, the department may enter
  109  into contracts with another state, a political subdivision of
  110  another state, or a correctional management services vendor in
  111  another state for the transfer and confinement in that state of
  112  inmates who have been committed to the custody of the
  113  department.
  114         (a)Any such contract must include:
  115         1.A termination date.
  116         2.Provisions concerning the costs of inmate maintenance,
  117  extraordinary medical and dental expenses, and any participation
  118  in or receipt by inmates of rehabilitative or correctional
  119  services, facilities, programs, or treatment, including those
  120  costs not reasonably included as part of normal maintenance.
  121         3.Provisions concerning participation in programs of
  122  inmate employment, if any, the disposition or crediting of any
  123  payments received by inmates on account of employment, and the
  124  crediting of proceeds or disposal of any products resulting from
  125  employment.
  126         4.Provisions for the delivery and retaking of inmates.
  127         5.A provision for a waiver of extradition by the parties
  128  to the contract.
  129         6.Retention of jurisdiction of the inmates transferred by
  130  Florida.
  131         7.Regular reporting procedures concerning Florida inmates
  132  by officials of the state, political subdivision, or
  133  correctional management services vendor with which the
  134  department is contracting.
  135         8.Provisions concerning procedures for community
  136  supervision, including probation, parole, conditional release,
  137  and discharge.
  138         9.The same standards of reasonable and humane care as the
  139  inmates would receive in an appropriate institution in this
  140  state.
  141         10.Any other matters that are necessary and appropriate to
  142  establish the obligations, responsibilities, and rights of
  143  Florida and the state, political subdivision, or correctional
  144  management services vendor with which the department is
  145  contracting.
  146         (b)Inmates from Florida state prisons while in an
  147  institution in another state are subject to all the laws and
  148  rules concerning the confinement of persons committed for
  149  violations of the laws of that state, except that the sentence
  150  must be executed consistent with the sentencing and gain-time
  151  laws of this state and except as otherwise provided for by any
  152  contract entered into under this section.
  153         (c)The Florida Parole Commission shall conduct any parole
  154  hearing for an inmate confined under a contract pursuant to this
  155  section according to the rules of the commission.
  156         (d)Contracts under this section shall be procured in
  157  accordance with s. 287.057.
  158         (3)Any beds contracted under this section shall be added
  159  to the total capacity of the correctional system as defined in
  160  s. 944.023, notwithstanding any law to the contrary.
  161         (4)In making placements authorized by this section, the
  162  department shall consider, to the extent possible, the proximity
  163  of the receiving facility to the inmate’s family, consistent
  164  with s. 944.8031.
  165         (5)The Department of Corrections may adopt rules to
  166  administer this section.
  167         Section 6. Paragraph (a) of subsection (1) of section
  168  945.6037, Florida Statutes, is amended to read:
  169         945.6037 Nonemergency health care; inmate copayments.—
  170         (1)(a) Effective October 1, 1997, For each nonemergency
  171  visit by an inmate to a health care provider which visit is
  172  initiated by the inmate, the inmate must make a copayment of $5
  173  $4. A copayment may not be charged for the required initial
  174  medical history and physical examination of the inmate.
  175         Section 7. Section 945.604, Florida Statutes, is created to
  176  read:
  177         945.604Medical claims.—
  178         (1)DEFINITION OF “CLAIM.”—As used in this section, for a
  179  noninstitutional health care provider the term “claim” means a
  180  paper or electronic billing instrument submitted to the
  181  department which consists of the HCFA 1500 data set, or its
  182  successor, and has all mandatory entries for a physician
  183  licensed under chapter 458, chapter 459, chapter 460, chapter
  184  461, or chapter 463 or a psychologist licensed under chapter
  185  490, or any appropriate billing instrument that has all
  186  mandatory entries for any other noninstitutional health care
  187  provider. For an institutional health care provider, the term
  188  “claim” means a paper or electronic billing instrument submitted
  189  to the department which consists of the UB-92 data set, or its
  190  successor, with entries stated as mandatory by the National
  191  Uniform Billing Committee.
  192         (2)SUBMISSION DATE.—Claims for payment or underpayment are
  193  considered submitted on the date the claim for payment is mailed
  194  or electronically transferred to the department by the health
  195  care provider. Claims for overpayment are considered submitted
  196  on the date the claim for overpayment is mailed or
  197  electronically transferred to the health care provider by the
  198  department.
  199         (3)CLAIMS FOR PAYMENT OR UNDERPAYMENT.—
  200         (a)Claims for payment or underpayment must be submitted to
  201  the department within 6 months after the following have
  202  occurred:
  203         1.The discharge of the inmate for inpatient services
  204  rendered to the inmate or the date of service for outpatient
  205  services rendered to the inmate; and
  206         2.The health care provider has been furnished with the
  207  correct name and address of the department.
  208         (b)Claims for payment or underpayment must not duplicate a
  209  claim previously submitted unless it is determined the original
  210  claim was not received or is otherwise lost.
  211         (c)The department is not obligated to pay claims for
  212  payment or underpayment which were not submitted in accordance
  213  with paragraph (a).
  214         (4)CLAIMS FOR OVERPAYMENT.—
  215         (a)If the department determines that it has made an
  216  overpayment to a health care provider for services rendered to
  217  an inmate, it must make a claim for such overpayment to the
  218  provider’s designated location. The department shall provide a
  219  written or electronic statement specifying the basis for
  220  overpayment. The department must identify the claim or claims,
  221  or overpayment claim portion thereof, for which a claim for
  222  overpayment is submitted.
  223         (b)The department must submit a claim for overpayment to a
  224  health care provider within 30 months after the department’s
  225  payment of the claim, except that claims for overpayment may be
  226  submitted beyond that time from providers convicted of fraud
  227  pursuant to s. 817.234.
  228         (c)Health care providers are not obligated to pay claims
  229  for overpayment which were not submitted in accordance with
  230  paragraph (b).
  231         (d)A health care provider must pay, deny, or contest the
  232  department’s claim for overpayment within 40 days after the
  233  receipt of the claim for overpayment.
  234         (e)A health care provider that denies or contests the
  235  department’s claim for overpayment or any portion of a claim
  236  shall notify the department, in writing, within 40 days after
  237  the provider receives the claim. The notice that the claim for
  238  overpayment is denied or contested must identify the contested
  239  portion of the claim and the specific reason for contesting or
  240  denying the claim and, if contested, must include a request for
  241  additional information.
  242         (f)All contested claims for overpayment must be paid or
  243  denied within 120 days after receipt of the claim. Failure to
  244  pay or deny the claim for overpayment within 140 days after
  245  receipt creates an uncontestable obligation to pay the claim.
  246         (g)The department may not reduce payment to the health
  247  care provider for other services unless the provider agrees to
  248  the reduction or fails to respond to the department’s claim for
  249  overpayment as required by this subsection.
  250         (5)NONWAIVER OF PROVISIONS.—The provisions of this section
  251  may not be waived, voided, or nullified by contract.
  252         Section 8. Section 945.6041, Florida Statutes, is created
  253  to read:
  254         945.6041Inmate medical services.—
  255         (1)As used in this section, the term:
  256         (a)“Emergency medical transportation services” includes,
  257  but is not limited to, services rendered by ambulances,
  258  emergency medical services vehicles, and air ambulances as those
  259  terms are defined in s. 401.23.
  260         (b)“Health care provider” has the same meaning as provided
  261  in s. 766.105.
  262         (2)Compensation to a health care provider to provide
  263  inmate medical services may not exceed 110 percent of the
  264  Medicare allowable rate if the health care provider does not
  265  have a contract to provide services with the department or the
  266  private correctional facility, as defined in s. 944.710, which
  267  houses the inmate. However, compensation to a health care
  268  provider may not exceed 125 percent of the Medicare allowable
  269  rate if:
  270         (a)The health care provider does not have a contract to
  271  provide services with the department or the private correctional
  272  facility, as defined in s. 944.710, which houses the inmate; and
  273         (b)The health care provider reported a negative operating
  274  margin for the previous year to the Agency for Health Care
  275  Administration through hospital-audited financial data.
  276         (3)Compensation to an entity to provide emergency medical
  277  transportation services for inmates may not exceed 110 percent
  278  of the Medicare allowable rate if the entity does not have a
  279  contract with the department or a private correctional facility,
  280  as defined in s. 944.710, to provide the services.
  281         (4)This section does not apply to charges for medical
  282  services provided at a hospital operated by the department.
  283         Section 9. Paragraph (b) of subsection (7) of section
  284  947.1405, Florida Statutes, is amended to read:
  285         947.1405 Conditional release program.—
  286         (7)
  287         (b) For a releasee whose crime was committed on or after
  288  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  289  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  290  conditional release supervision, in addition to any other
  291  provision of this subsection, the commission shall impose the
  292  following additional conditions of conditional release
  293  supervision:
  294         1. As part of a treatment program, participation in a
  295  minimum of one annual polygraph examination to obtain
  296  information necessary for risk management and treatment and to
  297  reduce the sex offender’s denial mechanisms. The polygraph
  298  examination must be conducted by a polygrapher trained
  299  specifically in the use of the polygraph for the monitoring of
  300  sex offenders, where available, and at the expense of the sex
  301  offender. The results of the polygraph examination may shall not
  302  be used as evidence in a hearing to prove that a violation of
  303  supervision has occurred.
  304         2. Maintenance of a driving log and a prohibition against
  305  driving a motor vehicle alone without the prior approval of the
  306  supervising officer.
  307         3. A prohibition against obtaining or using a post office
  308  box without the prior approval of the supervising officer.
  309         4. If there was sexual contact, a submission to, at the
  310  probationer’s or community controllee’s expense, an HIV test
  311  with the results to be released to the victim or the victim’s
  312  parent or guardian.
  313         5. Electronic monitoring of any form when ordered by the
  314  commission. Any person who has been placed under supervision and
  315  is electronically monitored by the department must pay the
  316  department for the cost of the electronic monitoring service at
  317  a rate that may not exceed the full cost of the monitoring
  318  service. Funds collected under this subparagraph shall be
  319  deposited into the General Revenue Fund. The department may
  320  exempt a person from the payment of all or any part of the
  321  electronic monitoring service cost if the department finds that
  322  any of the factors listed in s. 948.09(3) exist.
  323         Section 10. Subsection (1) of section 948.01, Florida
  324  Statutes, is amended to read:
  325         948.01 When court may place defendant on probation or into
  326  community control.—
  327         (1) Any state court of the state having original
  328  jurisdiction of criminal actions may at a time to be determined
  329  by the court, either with or without an adjudication of the
  330  guilt of the defendant, hear and determine the question of the
  331  probation of a defendant in a criminal case, except for an
  332  offense punishable by death, who has been found guilty by the
  333  verdict of a jury, has entered a plea of guilty or a plea of
  334  nolo contendere, or has been found guilty by the court trying
  335  the case without a jury.
  336         (a) If the court places the defendant on probation or into
  337  community control for a felony, the department shall provide
  338  immediate supervision by an officer employed in compliance with
  339  the minimum qualifications for officers as provided in s.
  340  943.13. In no circumstances shall A private entity may not
  341  provide probationary or supervision services to felony or
  342  misdemeanor offenders sentenced or placed on probation or other
  343  supervision by the circuit court.
  344         (b)The department, in consultation with the Office of the
  345  State Courts Administrator, shall develop and disseminate to the
  346  courts uniform order of supervision forms by July 1 of each year
  347  or as necessary. The courts shall use the uniform order of
  348  supervision forms provided by the department for all persons
  349  placed on community supervision.
  350         Section 11. Subsection (2) of section 948.09, Florida
  351  Statutes, is amended to read:
  352         948.09 Payment for cost of supervision and rehabilitation.—
  353         (2) Any person being electronically monitored by the
  354  department as a result of being placed placement on supervision
  355  community control shall be required to pay the department for
  356  electronic monitoring services at a rate as a surcharge an
  357  amount that may not exceed the full cost of the monitoring
  358  service in addition to the cost of supervision fee as directed
  359  by the sentencing court. The funds collected under this
  360  subsection surcharge shall be deposited in the General Revenue
  361  Fund. The department may exempt a person from paying all or any
  362  part of the costs of the electronic monitoring service if it
  363  finds that any of the factors listed in subsection (3) exist.
  364         Section 12. Subsections (5) and (6) of section 948.11,
  365  Florida Statutes, are amended to read:
  366         948.11 Electronic monitoring devices.—
  367         (5) Any person being electronically monitored by the
  368  department as a result of being placed placement on supervision
  369  community control shall be required to pay the department for
  370  the electronic monitoring services a surcharge as provided in s.
  371  948.09(2).
  372         (6) For probationers, community controllees, or conditional
  373  releasees who have current or prior convictions for violent or
  374  sexual offenses, the department, in carrying out a court or
  375  commission order to electronically monitor an offender, must use
  376  a system that actively monitors and identifies the offender’s
  377  location and timely reports or records the offender’s presence
  378  near or within a crime scene or in a prohibited area or the
  379  offender’s departure from specified geographic limitations.
  380  Procurement of electronic monitoring services under this
  381  subsection shall be by competitive procurement in accordance
  382  with invitation to bid as defined in s. 287.057.
  383         Section 13. Section 957.09, Florida Statutes, is amended to
  384  read:
  385         957.09 Applicability of chapter to other provisions of
  386  law.—
  387         (1)(a) Any offense that if committed at a state
  388  correctional facility would be a crime is shall be a crime if
  389  committed by or with regard to inmates at private correctional
  390  facilities operated pursuant to a contract entered into under
  391  this chapter.
  392         (b) All laws relating to commutation of sentences, release
  393  and parole eligibility, and the award of sentence credits shall
  394  apply to inmates incarcerated in a private correctional facility
  395  operated pursuant to a contract entered into under this chapter.
  396         (2) The provisions of this chapter are supplemental to the
  397  provisions of ss. 944.105 and 944.710-944.719. However, in any
  398  conflict between a provision of this chapter and a provision of
  399  such other sections, the provision of this chapter shall
  400  prevail.
  401         (3) The provisions of law governing the participation of
  402  minority business enterprises are applicable to this chapter.
  403         (4)The provisions of this chapter do not apply to
  404  contracts between the department and county and municipal
  405  entities, other states, political subdivisions of another state,
  406  or correctional management service vendors in another state for
  407  the transfer and confinement of state inmates.
  408         Section 14. Paragraph (c) of subsection (5) of section
  409  958.045, Florida Statutes, is amended to read:
  410         958.045 Youthful offender basic training program.—
  411         (5)
  412         (c) The portion of the sentence served before prior to
  413  placement in the basic training program may not be counted
  414  toward program completion. The department shall submit a report
  415  to the court at least 30 days before the youthful offender is
  416  scheduled to complete the basic training program. The report
  417  must describe the offender’s performance in the basic training
  418  program. If the youthful offender’s performance is satisfactory,
  419  the court shall issue an order modifying the sentence imposed
  420  and place the offender on probation subject to the offender
  421  successfully completing the remainder of the basic training
  422  program. Upon the offender’s completion of the basic training
  423  program, the department shall submit a report to the court that
  424  describes the offender’s performance. If the offender’s
  425  performance has been satisfactory, the court shall issue an
  426  order modifying the sentence imposed and placing the offender on
  427  probation. The term of probation may include placement in a
  428  community residential program. If the offender violates the
  429  conditions of probation, the court may revoke probation and
  430  impose any sentence that it might have originally imposed.
  431         Section 15. Subsection (2) of section 960.292, Florida
  432  Statutes, is amended to read:
  433         960.292 Enforcement of the civil restitution lien through
  434  civil restitution lien order.—The civil restitution lien shall
  435  be made enforceable by means of a civil restitution lien order.
  436         (2) Upon motion by the state, upon petition of the local
  437  subdivision, crime victim, or aggrieved party, or on its own
  438  motion, the court in which the convicted offender is convicted
  439  shall enter civil restitution lien orders in favor of crime
  440  victims, the state, its local subdivisions, and other aggrieved
  441  parties. The court shall retain continuing jurisdiction over the
  442  convicted offender for the sole purpose of entering civil
  443  restitution lien orders for the duration of the sentence and up
  444  to 5 years from release from incarceration or supervision,
  445  whichever occurs later.
  446         Section 16. Paragraph (b) of subsection (2) of section
  447  960.293, Florida Statutes, is amended to read:
  448         960.293 Determination of damages and losses.—
  449         (2) Upon conviction, a convicted offender is liable to the
  450  state and its local subdivisions for damages and losses for
  451  incarceration costs and other correctional costs.
  452         (b) If the conviction is for an offense other than a
  453  capital or life felony, a liquidated damage amount of $50 per
  454  day of the convicted offender’s sentence shall be assessed
  455  against the convicted offender and in favor of the state or its
  456  local subdivisions. Damages shall be based upon the length of
  457  the sentence imposed by the court at the time of sentencing.
  458         Section 17. Section 960.297, Florida Statutes, is amended
  459  to read:
  460         960.297 Authorization for governmental right of restitution
  461  for costs of incarceration.—
  462         (1) The state and its local subdivisions, in a separate
  463  civil action or as counterclaim in any civil action, may seek
  464  recovery of the damages and losses set forth in s. 960.293.
  465         (2) For those convicted offenders convicted before July 1,
  466  1994, the state and its local subdivisions, in a separate civil
  467  action or as a counterclaim in any civil action, may seek
  468  recovery of the damages and losses set forth in s. 960.293, for
  469  the convicted offender’s remaining sentence after July 1, 1994.
  470         (3)Civil actions authorized by this section may be
  471  commenced at any time during the offender’s incarceration and up
  472  to 5 years after the date of the offender’s release from
  473  incarceration or supervision, whichever occurs later.
  474         Section 18. This act shall take effect July 1, 2009.
  475  
  476  ================= T I T L E  A M E N D M E N T ================
  477         And the title is amended as follows:
  478         Delete everything before the enacting clause
  479  and insert:
  480                        A bill to be entitled                      
  481         An act relating to the Department of Corrections;
  482         amending s. 775.082, F.S.; requiring that the court
  483         sentence certain offenders to a nonstate prison
  484         sanction unless the court makes written findings that
  485         ordering an offender to a nonstate prison sanction
  486         could present a danger to the public; creating s.
  487         921.00241, F.S.; providing that on or after a
  488         specified date a court may divert from the state
  489         correctional system certain offenders who otherwise
  490         would be sentenced to state prison; providing
  491         eligibility criteria for participation in the state
  492         prison diversion program if such a program is funded
  493         and exists in the circuit; requiring the court to make
  494         written findings that the offender meets the
  495         eligibility criteria for the diversion program;
  496         authorizing the court to order the offender to pay the
  497         costs of the prison diversion program if the offender
  498         is able to do so; amending s. 944.10, F.S.; exempting
  499         certain lease agreements by the department from the
  500         requirements for advertisement and competitive bids;
  501         providing for the future reversion as of a specified
  502         date of the statutory text relating to such lease
  503         agreements; creating s. 944.171, F.S.; authorizing the
  504         Department of Corrections to contract with county and
  505         municipal entities to house inmates committed to the
  506         department; authorizing the department to enter into
  507         contractual agreements with another state, a political
  508         subdivision of another state, or a vendor in another
  509         state to transfer and confine Florida inmates within
  510         that state; requiring the reclassification of inmates
  511         before a transfer occurs; providing for the contents
  512         of the contract; providing that a transferred inmate
  513         remains subject to the rules of the Florida Parole
  514         Commission; requiring that contracts for the transfer
  515         of inmates be procured according to state law;
  516         requiring that additional beds authorized under a
  517         contract be added to the total capacity of the state
  518         correctional system; authorizing the department to
  519         adopt rules; amending s. 945.6037, F.S.; increasing
  520         the copayment that an inmate must make for a
  521         nonemergency visit to a health care provider; creating
  522         s. 945.604, F.S.; defining the term “claim” for
  523         purposes of the State of Florida Correctional Medical
  524         Authority Act; providing for filing and payment of
  525         medical claims for payment or underpayment; providing
  526         for filing and payment of claims for overpayment;
  527         providing for recovery of overpayment of claims;
  528         creating s. 945.6041, F.S.; defining terms; limiting
  529         the compensation of health care providers that do not
  530         have contracts to provide inmate medical services with
  531         the department or private correctional facilities;
  532         limiting compensation to entities that provide
  533         emergency medical transportation services for inmates
  534         if those entities do not have a contract with the
  535         department or certain private correctional facilities;
  536         amending s. 947.1405, F.S.; requiring any person who
  537         has been placed under supervision and is
  538         electronically monitored by the department to pay the
  539         department for the cost of the electronic monitoring
  540         service; requiring that funds collected from the
  541         person be deposited into the General Revenue Fund;
  542         authorizing the Department of Corrections to exempt a
  543         person from the payment of all or any part of the
  544         electronic monitoring service cost under certain
  545         circumstances; amending s. 948.01, F.S.; requiring
  546         that the department disseminate and that the courts
  547         use uniform order of supervision forms when placing a
  548         defendant on community supervision; amending s.
  549         948.09, F.S.; requiring a person to pay the department
  550         the cost of electronically monitoring the offender
  551         while the offender is placed on supervision; providing
  552         for a cost cap on the monitoring service; providing
  553         that the department may exempt a person from paying
  554         all or any part of the costs of the electronic
  555         monitoring service under certain circumstances;
  556         amending s. 948.11, F.S.; requiring a person who is
  557         electronically monitored on supervision to pay the
  558         department for the electronic monitoring services;
  559         amending s. 957.09, F.S.; providing that the
  560         provisions governing private correctional facilities
  561         do not apply to contracts between the department and
  562         county and municipal entities, other states, political
  563         subdivisions of another state, or correctional
  564         management service vendors in another state for the
  565         transfer and confinement of state inmates; amending s.
  566         958.045, F.S.; requiring the Department of Corrections
  567         to submit a report to the court at least 30 days
  568         before a youthful offender is scheduled to complete
  569         the basic training program; requiring the court to
  570         modify the youthful offender’s sentence and place the
  571         offender on probation if the youthful offender has
  572         successfully completed the basic training program;
  573         amending s. 960.292, F.S.; providing for retention of
  574         court jurisdiction over certain offenders for a
  575         specified period after release from incarceration or
  576         supervision for the sole purpose of entering civil
  577         restitution orders; amending s. 960.293, F.S.;
  578         providing that damages due from an offender for
  579         correctional costs be based upon the length of the
  580         sentence imposed by the court at the time of
  581         sentencing; amending s. 960.297, F.S.; providing a
  582         time period in which civil actions for the costs of
  583         incarceration may be initiated; providing an effective
  584         date.