Florida Senate - 2012                             CS for SB 2038
       
       
       
       By the Committees on Rules; and Rules
       
       
       
       
       595-02202-12                                          20122038c1
    1                        A bill to be entitled                      
    2         An act relating to the privatization of correctional
    3         facilities; creating s. 944.7115, F.S.; requiring that
    4         the Department of Corrections privatize the management
    5         and operation of certain correctional facilities and
    6         assigned correctional units; requiring that the
    7         department issue one or more requests for proposals;
    8         providing a timeframe for proposals submitted in
    9         response to a request for proposals; providing certain
   10         cost-saving requirements for a request for proposals;
   11         requiring that the department determine the costs
   12         incurred for the 2010-2011 fiscal year for each
   13         correctional facility and assigned correctional unit
   14         according to a specified formula; limiting the costs
   15         to be incurred by the state in the second or
   16         subsequent contract years; providing that the
   17         provisions in a request for proposals which relate to
   18         cost savings are not subject to challenge in any
   19         protest of the specifications of a request for
   20         proposals; requiring that each contractor selected as
   21         a result of a request for proposals manage and operate
   22         the correctional facilities and all assigned
   23         correctional units at certain capacities; requiring
   24         that all activities regarding the classification of
   25         inmates remain under the department’s supervision and
   26         direction; requiring that each facility’s average
   27         daily population and medical and psychological grade
   28         population percentages remain unchanged from the
   29         average daily population calculated for the 2010-2011
   30         fiscal year; requiring that certain participating
   31         accounts associated with the correctional facilities
   32         and assigned correctional units continue to be
   33         remitted to the General Revenue Fund; providing that
   34         certain statutory provisions regarding contractual
   35         arrangements with private entities for the operation
   36         and maintenance of correctional facilities and the
   37         certification of private correctional officers do not
   38         apply to a request for proposals or a contract
   39         authorized by the act; providing that s. 216.023,
   40         F.S., regarding legislative budget requests furnished
   41         to the Legislature, does not initially apply to the
   42         department with respect to the services required to be
   43         privatized under the act; providing requirements for a
   44         contract that results from a request for proposals;
   45         requiring that the department provide reports to the
   46         legislative appropriations committees regarding the
   47         performance of each contractor; requiring that the
   48         department prepare and submit to the Legislative
   49         Budget Commission proposed revisions to its operating
   50         budget; requiring that the department enter into a
   51         contract with one or more winning bidders after
   52         approval by the Legislative Budget Commission;
   53         requiring that current employees at each designated
   54         correctional facility and assigned correctional unit
   55         be given first preference for continued employment;
   56         requiring that the department make reasonable efforts
   57         for finding job placements for employees who wish to
   58         continue to be employed by the state; authorizing the
   59         department to adopt rules; repealing s. 944.719(1),
   60         F.S., relating to the adoption of rules by the
   61         Department of Corrections regarding contractual
   62         arrangements and standards for the operation of
   63         correctional facilities by private vendors; providing
   64         an effective date.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Section 944.7115, Florida Statutes, is created
   69  to read:
   70         944.7115 Department of Corrections; Southern Florida
   71  Region; privatization of correctional facilities.—
   72         (1) Notwithstanding s. 287.057(1)(b)1., the department
   73  shall, through the issuance of one or more requests for
   74  proposals, privatize the management and operation of all
   75  correctional facilities and assigned correctional units,
   76  including prisons, annexes, work camps, road prisons, and work
   77  release centers, which are operated by the department in the
   78  Southern Florida Region and located in Manatee, Hardee, Indian
   79  River, Okeechobee, Highlands, St. Lucie, DeSoto, Sarasota,
   80  Charlotte, Glades, Martin, Palm Beach, Hendry, Lee, Collier,
   81  Broward, Miami-Dade, and Monroe Counties, excluding any
   82  correctional facility or assigned correctional unit that has
   83  been closed or scheduled for closure before June 30, 2012.
   84         (2) The department shall issue its request for proposals no
   85  later than 30 days after the effective date of this act. The
   86  department shall require that any proposal submitted in response
   87  to a request for proposals be submitted no later than 30 days
   88  after the issuance of the request for proposals.
   89         (3) Each request for proposals which is issued by the
   90  department must provide that the total cost of a responsive
   91  proposal to the department during the first year of the contract
   92  must result in actual cost savings to the state of at least 7
   93  percent of the costs incurred by the state for the 2010-2011
   94  fiscal year for the provision of the services at the
   95  correctional facilities and assigned correctional units included
   96  in the request for proposals. For each correctional facility and
   97  assigned correctional unit included in a request for proposals,
   98  the department shall determine the costs incurred by the state
   99  for the 2010-2011 fiscal year using the average daily population
  100  of each correctional facility and assigned correctional unit
  101  during the 2010-2011 fiscal year and the direct and distributed
  102  inmate per diem cost for each correctional facility and assigned
  103  correctional unit during the 2010-2011 fiscal year, reduced for
  104  the 3 percent retirement contribution now required by state
  105  employees under chapter 121, by inmate medical costs, and by the
  106  department’s direct and personnel costs associated with inmate
  107  classification. The total costs to be incurred by the state in
  108  the second or subsequent years of the contract resulting from
  109  the request for proposals may increase by not more than the
  110  percentage increase in the Consumer Price Index; however, any
  111  such increase is contingent upon appropriation by the
  112  Legislature. Notwithstanding s. 120.57(3), the provisions in a
  113  request for proposals which relate to the cost savings required
  114  under this subsection are not subject to challenge in any
  115  protest of the specifications of the request for proposals.
  116         (4) Each contractor selected as a result of a request for
  117  proposals must manage and operate each correctional facility and
  118  the assigned correctional unit at capacities set forth in s.
  119  944.023.
  120         (5) All activities regarding the classification of inmates
  121  shall remain under the department’s supervision and direction as
  122  required by law. Each facility’s average daily population, as
  123  well as medical and psychological grade population percentages,
  124  shall remain substantially unchanged from the average daily
  125  population calculated for the 2010-2011 fiscal year.
  126         (6) Notwithstanding ss. 944.72 and 945.215, funds from
  127  canteens, subsistence payments, and any other participating
  128  accounts associated with or located at the correctional
  129  facilities and all assigned correctional units shall continue to
  130  be remitted to the General Revenue Fund.
  131         (7) The provisions of s. 944.105(1), (6), and (7) do not
  132  apply to any request for proposals or contract authorized by
  133  this section. Section 216.023 does not apply to the department
  134  with respect to the services required to be privatized under
  135  this section until the department is required to submit its
  136  legislative budget request for the first fiscal year that begins
  137  after the department completely implements the privatization
  138  required under this section.
  139         (8) Any contract resulting from a request for proposals
  140  must:
  141         (a) Require compliance with all applicable federal, state,
  142  and local laws and all rules adopted by the department.
  143         (b) Require actual cost savings to the state of at least 7
  144  percent of the costs incurred by the state for the 2010-2011
  145  fiscal year for the provision of the required services at the
  146  correctional facilities and assigned correctional units included
  147  in the request for proposals.
  148         (c) Require the certification of private correctional
  149  officers pursuant to s. 943.1395 at the contractor’s expense,
  150  and all such officers must meet the minimum qualifications
  151  established in s. 943.13. All other employees of the contractor
  152  who perform their duties at the private correctional facility
  153  shall, at a minimum, receive the same quality and quantity of
  154  training required by the state for employees of state-operated
  155  correctional facilities. All training expenses are the
  156  responsibility of the contractor. The department shall be the
  157  contributor and recipient of all criminal background information
  158  necessary for certification by the Criminal Justice Standards
  159  and Training Commission.
  160         (d) Include specific performance measures and levels of
  161  expected performance for the contractor in order to ensure
  162  contractor performance and accountability, and require the
  163  contractor to provide the department with information concerning
  164  each performance measure for each separate correctional facility
  165  and assigned correctional unit for each month, calendar quarter,
  166  and year during the term of the contract, in the format
  167  specified by the department.
  168         1. The required performance measures must include, but are
  169  not limited to:
  170         a. The number of batteries committed by inmates on one or
  171  more persons per 1,000 inmates;
  172         b. The number of inmates receiving major disciplinary
  173  reports per 1,000 inmates;
  174         c. The percentage of random inmate drug tests that are
  175  negative;
  176         d. The percentage of reported criminal incidents
  177  investigated by the proper authorities;
  178         e. The number of escapes from the secure perimeter of major
  179  institutions;
  180         f. The percentage of inmates placed in a facility that
  181  provides at least one of the inmate’s primary program needs;
  182         g. The number of transition plans completed for inmates who
  183  are released from prison;
  184         h. The number of release plans completed for inmates who
  185  are released from prison;
  186         i. The percentage of release plans completed for inmates
  187  who are released from prison;
  188         j. The percentage of inmates who successfully complete drug
  189  abuse education or treatment programs;
  190         k. The number of inmates who are receiving substance abuse
  191  services;
  192         l. The percentage of inmates who complete mandatory
  193  literacy programs and who score at or above the 6th grade level
  194  on Tests of Adult Basic Education;
  195         m. The percentage of inmates who successfully complete
  196  mandatory literacy programs;
  197         n. The percentage of inmates who successfully complete
  198  education programs for the General Education Development (GED)
  199  test preparation;
  200         o. The percentage of inmates needing special education
  201  programs who participate in special education programs in
  202  accordance with federal law;
  203         p. The percentage of inmates who successfully complete
  204  vocational education programs;
  205         q. The average increase in grade level achieved by inmates
  206  participating in education programs every 3-month instructional
  207  period; and
  208         r. The percentage of inmates who successfully complete
  209  transition, rehabilitation, or support programs without
  210  subsequent recommitment to community supervision or prison for
  211  24 months after release.
  212         2. For work release centers, the required performance
  213  measures must also include, but are not limited to:
  214         a. The percent of employment of supervised individuals;
  215         b. The illegal substance use by supervised individuals;
  216         c. The victim restitution paid by supervised individuals;
  217         d. Compliance by supervised individuals with no-contact
  218  orders;
  219         e. The number of serious incidents occurring at the
  220  facility; and
  221         f. The number of absconders.
  222         (9) The department shall provide reports to each chair of
  223  the legislative appropriations committees regarding the
  224  performance of each contractor which include, but are not
  225  limited to, information regarding each required performance
  226  measure in each contract resulting from the request for
  227  proposals for each contractor and for each correctional facility
  228  and assigned correctional unit.
  229         (10) After the department has issued its notice of intent
  230  to award a contract, resolved any bid protests, and concluded
  231  negotiation of a contract resulting from the request for
  232  proposals, the department must prepare and submit to the
  233  Legislative Budget Commission proposed revisions to its
  234  operating budget which demonstrate the 7 percent savings
  235  required under subsection (3), which must be attained during the
  236  first year of the term of the contract.
  237         (11) After approval by the Legislative Budget Commission,
  238  the department shall enter into a contract with one or more
  239  winning bidders.
  240         (12) Each current department employee at the designated
  241  correctional facility and assigned correctional unit who is
  242  affected by the privatization must be given first preference for
  243  continued employment by the contractor selected as a result of a
  244  request for proposals. The department shall make reasonable
  245  efforts to find suitable job placements for employees who wish
  246  to continue to be employed by the state.
  247         (13)The department may adopt rules as necessary to
  248  administer this section.
  249         Section 2. Subsection (1) of section 944.719, Florida
  250  Statutes, is repealed.
  251         Section 3. This act shall take effect upon becoming a law.