CS for CS for SB 2038 First Engrossed
20122038e1
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 Management Services, working with
5 the Department of Corrections, privatize the
6 management and operation of certain correctional
7 facilities and assigned correctional units; requiring
8 that the Department of Management Services issue two
9 or more requests for proposals; providing a timeframe
10 for proposals submitted in response to a request for
11 proposals; requiring the department to prepare a
12 business case for the privatization before issuing the
13 requests for proposals; providing certain cost-saving
14 requirements; requiring that the Department of
15 Corrections determine the costs incurred for the 2010
16 2011 fiscal year for each correctional facility and
17 assigned correctional unit according to a specified
18 formula; limiting the costs to be incurred by the
19 state in the second or subsequent contract years;
20 providing that the provisions in a request for
21 proposals which relate to cost savings are not subject
22 to challenge in any protest of the specifications of a
23 request for proposals; requiring that each contractor
24 selected as a result of a request for proposals manage
25 and operate the correctional facilities and all
26 assigned correctional units at certain capacities;
27 requiring that the Department of Corrections classify
28 all inmates without regard for and without
29 consideration of whether the inmates will be assigned
30 to facilities operated by the Department of
31 Corrections or by a contractor; requiring that each
32 facility’s medical and psychological grade population
33 percentages remain substantially unchanged from the
34 average daily population calculated for the 2010-2011
35 fiscal year; requiring that the Office of Program
36 Policy Analysis and Government Accountability conduct
37 a review of the assignments of inmates by the
38 Department of Corrections; requiring that the office
39 submit a report of its findings to the Governor and
40 Legislature by a specified date each year; requiring
41 that certain accounts associated with the correctional
42 facilities and assigned correctional units continue to
43 be remitted to the General Revenue Fund; providing
44 that certain statutory provisions regarding
45 contractual arrangements with private entities for the
46 operation and maintenance of correctional facilities
47 and the certification of private correctional officers
48 do not apply to a request for proposals or a contract
49 authorized by the act; providing that s. 216.023,
50 F.S., regarding legislative budget requests furnished
51 to the Legislature, does not initially apply to the
52 Department of Corrections or the Department of
53 Management Services with respect to the services
54 required to be privatized under the act; providing for
55 a performance audit by the Office of Program Policy
56 and Government Analysis of any contract awarded
57 pursuant to the act; specifying the requirements for
58 any contract resulting from a request for proposals;
59 limiting the term of the contract and providing for
60 renewal; requiring the appointment of a contract
61 monitor; providing requirements for the certification
62 of private correctional officers at the contractor’s
63 expense; providing required performance measures for a
64 contract that results from a request for proposals;
65 requiring the contract to specify that employees of
66 the contractor do not have the right to strike;
67 requiring that the contractor purchase services and
68 supplies for the operation and maintenance of the
69 correctional facilities or assigned correctional units
70 from a subcontractor or supplier that is located in
71 this state or that employs residents of this state
72 under certain circumstances; providing an exception;
73 requiring that the contractor reimburse the state for
74 the total cost of unused, accumulated leave actually
75 paid by the state to former employees of the
76 Department of Corrections who were employed at the
77 correctional facilities and assigned correctional
78 units and who leave employment with the Department of
79 Corrections; requiring that the Department of
80 Management Services certify to the contractor the
81 amount that must be reimbursed; requiring that the
82 contractor pay the reimbursement to the state within a
83 specified period after receiving the department’s
84 certification; prohibiting the cost of such unused,
85 accumulated leave from being included in the costs
86 incurred by the state for the 2010-2011 fiscal year
87 and in the 7 percent cost savings; requiring that the
88 contractor pay to the Department of Management
89 Services the reasonable and direct costs associated
90 with the pursuit or apprehension of an escapee from a
91 correctional facility and incurred by any state or
92 local law enforcement agency while involved in the
93 pursuit or apprehension of an escapee; requiring that
94 a specified percentage of the cost savings from the
95 privatization required under the act be directed to
96 the Department of Juvenile Justice for the purpose of
97 funding the CINS/FINS program; requiring that the
98 Department of Management Services provide reports to
99 the legislative appropriations committees regarding
100 the performance of each contractor; requiring that the
101 Department of Corrections prepare and submit to the
102 Legislative Budget Commission proposed revisions to
103 its operating budget; requiring that the Department of
104 Management Services enter into a contract with one or
105 more winning bidders after approval by the Legislative
106 Budget Commission; requiring that current employees at
107 each designated correctional facility and assigned
108 correctional unit be given first preference for
109 continued employment; requiring that the Department of
110 Corrections make reasonable efforts for finding job
111 placements for employees who wish to continue to be
112 employed by the state; requiring that the Department
113 of Economic Opportunity expeditiously provide
114 assistance and services to employees of the Department
115 of Corrections who are not employed by the contractor
116 or who do not continue employment with the Department
117 of Corrections; providing requirements for the request
118 for appropriation of funds; limiting the authority of
119 the Department of Corrections with respect to such
120 appropriation; requiring that the Department of
121 Corrections be solely responsible for the operation
122 and maintenance of any correctional facility at which
123 the death penalty is administered; authorizing the
124 Department of Management Services and the Department
125 of Corrections to adopt rules; providing an effective
126 date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Section 944.7115, Florida Statutes, is created
131 to read:
132 944.7115 Department of Corrections; Southern Florida
133 Region; privatization of correctional facilities.—
134 (1) Notwithstanding s. 287.057(1)(b)1., the Department of
135 Management Services, working with the Department of Corrections,
136 shall, through the issuance of two or more requests for
137 proposals, privatize the management and operation of all
138 correctional facilities and assigned correctional units,
139 including prisons, annexes, work camps, road prisons, and work
140 release centers, which are operated by the Department of
141 Corrections in the Southern Florida Region and located in
142 Manatee, Hardee, Indian River, Okeechobee, Highlands, St. Lucie,
143 DeSoto, Sarasota, Charlotte, Glades, Martin, Palm Beach, Hendry,
144 Lee, Collier, Broward, Miami-Dade, and Monroe Counties,
145 excluding the South Florida Reception Center and any
146 correctional facility or assigned correctional unit that has
147 been closed or scheduled for closure before June 30, 2012. This
148 subsection does not apply to nurses working for the department
149 in Region IV.
150 (2) The Department of Management Services shall issue its
151 requests for proposals no later than 60 days after the effective
152 date of this act. The Department of Management Services shall
153 require that any proposal submitted in response to a request for
154 proposals be submitted no later than 60 days after the issuance
155 of the request for proposals. The Department of Management
156 Services shall prepare the business case for the privatization
157 required under this section, in accordance with s. 287.0571,
158 prior to the issuance of the requests for proposals.
159 (3) Each request for proposals which is issued by the
160 Department of Management Services must provide that the total
161 cost of a responsive proposal to the state during the first year
162 of the contract must result in actual cost savings to the state
163 of at least 7 percent of the costs incurred by the state for the
164 2010-2011 fiscal year for the provision of the services at the
165 correctional facilities and assigned correctional units included
166 in the request for proposals. For each correctional facility and
167 assigned correctional unit included in a request for proposals,
168 the Department of Corrections shall determine and provide to the
169 Department of Management Services the costs incurred by the
170 state for the 2010-2011 fiscal year using the average daily
171 population of each correctional facility and assigned
172 correctional unit during the 2010-2011 fiscal year and the
173 direct and distributed inmate per diem cost for each
174 correctional facility and assigned correctional unit during the
175 2010-2011 fiscal year, reduced for the 3 percent retirement
176 contribution now required by state employees under chapter 121,
177 by inmate medical costs, and by the department’s direct and
178 personnel costs associated with inmate classification. The
179 Auditor General shall review and certify all such costs. The
180 total costs to be incurred by the state in the second or
181 subsequent years of the contract resulting from a request for
182 proposals may increase annually by not more than the percentage
183 change in the Consumer Price Index for All Urban Consumers, U.S.
184 City Average, all items not seasonally adjusted or successor
185 reports, for the preceding December as initially reported by the
186 United States Department of Labor, Bureau of Labor Statistics;
187 however, any such increase is contingent upon appropriation by
188 the Legislature. Notwithstanding s. 120.57(3), the provisions in
189 a request for proposals which relate to the cost savings
190 required under this subsection are not subject to challenge in
191 any protest of the specifications of the request for proposals.
192 (4) Each contractor selected as a result of a request for
193 proposals must manage and operate each correctional facility and
194 the assigned correctional unit at capacities set forth in s.
195 944.023.
196 (5)(a) The Department of Corrections shall classify an
197 inmate without regard for and without consideration of whether
198 the correctional facility or assigned correctional facility to
199 which the inmate will be assigned as a result of the
200 classification is operated by the Department of Corrections or
201 by a contractor. Each facility’s medical and psychological grade
202 population percentages shall remain substantially unchanged from
203 the average daily population calculated for the 2010-2011 fiscal
204 year. Each facility’s average daily population shall be
205 substantially the same or greater than the average daily
206 population calculated for the 2010-2011 fiscal year.
207 (b) By October 1 of each year during the term of the
208 contracts authorized under this section, the Office of Program
209 Policy Analysis and Government Accountability shall conduct a
210 review of the assignment of inmates by the Department of
211 Corrections during the most recently ended fiscal year,
212 determine the factors and considerations used by the Department
213 of Corrections in the classification of inmates, and determine
214 if the Department of Corrections has considered in the
215 classification of inmates whether the correctional facility or
216 assigned correctional unit to which inmates are assigned is
217 operated by the Department of Corrections or by a contractor. By
218 November 15 of each year, the Office of Program Policy Analysis
219 and Government Accountability shall submit a report of its
220 findings to the Governor, the President of the Senate, and the
221 Speaker of the House of Representatives.
222 (6) Notwithstanding ss. 944.72 and 945.215, funds from
223 canteens, subsistence payments, and any other participating
224 accounts associated with or located at the correctional
225 facilities and all assigned correctional units shall continue to
226 be remitted to the General Revenue Fund.
227 (7) The provisions of ss. 944.105(1) and (7) and 944.719(2)
228 do not apply to any request for proposals or contract authorized
229 by this section. Section 216.023 does not apply to the
230 Department of Corrections or the Department of Management
231 Services with respect to the services required to be privatized
232 under this section until the Department of Corrections is
233 required to submit its legislative budget request for the first
234 fiscal year that begins after the privatization required under
235 this section has been implemented. Section 944.719(5) applies to
236 any contract awarded by the Department of Management Services
237 under this section.
238 (8) Any contract entered into by the Department of
239 Management Services resulting from a request for proposals must:
240 (a) Require compliance with all applicable federal, state,
241 and local laws and all rules adopted by the Department of
242 Management Services and the Department of Corrections.
243 (b) Require actual cost savings to the state of at least 7
244 percent of the costs incurred by the state for the 2010-2011
245 fiscal year for the provision of the required services at the
246 correctional facilities and assigned correctional units included
247 in the request for proposals.
248 (c) Be for a term not to exceed 5 years, which may be
249 renewed as provided in s. 287.057.
250 (d) Require the selection and appointment of a full-time
251 contract monitor. The contract monitor shall be appointed and
252 supervised by the Department of Management Services. The
253 contractor shall reimburse the Department of Management Services
254 for the salary and expenses of the contract monitor. It is the
255 obligation of the contractor to provide suitable office space
256 for the contract monitor at the correctional facility. The
257 contract monitor shall have unlimited access to the correctional
258 facilities and assigned correctional units.
259 (e) Require the certification of private correctional
260 officers pursuant to s. 943.1395 at the contractor’s expense,
261 and all such officers must meet the minimum qualifications
262 established in s. 943.13. All other employees of the contractor
263 who perform their duties at the private correctional facility
264 shall, at a minimum, receive the same quality and quantity of
265 training required by the state for employees of state-operated
266 correctional facilities. All training expenses are the
267 responsibility of the contractor. The Department of Corrections
268 shall be the contributor and recipient of all criminal
269 background information necessary for certification by the
270 Criminal Justice Standards and Training Commission.
271 (f) Include specific performance measures and levels of
272 expected performance for the contractor in order to ensure
273 contractor performance and accountability, and require the
274 contractor to provide the Department of Management Services with
275 information concerning each performance measure for each
276 separate correctional facility and assigned correctional unit
277 for each month, calendar quarter, and year during the term of
278 the contract, in the format specified by the Department of
279 Management Services.
280 1. The required performance measures must include, but are
281 not limited to:
282 a. The number of batteries committed by inmates on one or
283 more persons per 1,000 inmates;
284 b. The number of inmates receiving major disciplinary
285 reports per 1,000 inmates;
286 c. The percentage of random inmate drug tests that are
287 negative;
288 d. The percentage of reported criminal incidents
289 investigated by the proper authorities;
290 e. The number of escapes from the secure perimeter of major
291 institutions;
292 f. The percentage of inmates placed in a facility that
293 provides at least one of the inmate’s primary program needs;
294 g. The number of transition plans completed for inmates who
295 are released from prison;
296 h. The number of release plans completed for inmates who
297 are released from prison;
298 i. The percentage of release plans completed for inmates
299 who are released from prison;
300 j. The percentage of inmates who successfully complete drug
301 abuse education or treatment programs;
302 k. The number of inmates who are receiving substance abuse
303 services;
304 l. The percentage of inmates who complete mandatory
305 literacy programs and who score at or above the 6th grade level
306 on Tests of Adult Basic Education;
307 m. The percentage of inmates who successfully complete
308 mandatory literacy programs;
309 n. The percentage of inmates who successfully complete
310 education programs for the General Education Development (GED)
311 test preparation;
312 o. The percentage of inmates needing special education
313 programs who participate in special education programs in
314 accordance with federal law;
315 p. The percentage of inmates who successfully complete
316 vocational education programs;
317 q. The average increase in grade level achieved by inmates
318 participating in education programs every 3-month instructional
319 period; and
320 r. The percentage of inmates who successfully complete
321 transition, rehabilitation, or support programs without
322 subsequent recommitment to community supervision or prison for
323 24 months after release.
324 2. For work release centers, the required performance
325 measures must also include, but are not limited to:
326 a. The percent of employment of supervised individuals;
327 b. The illegal substance use by supervised individuals;
328 c. The victim restitution paid by supervised individuals;
329 d. Compliance by supervised individuals with no-contact
330 orders;
331 e. The number of serious incidents occurring at the
332 facility; and
333 f. The number of absconders.
334 (g) Require that any contract between the contractor and a
335 union representing employees of the contractor at a correctional
336 facility or assigned correctional unit must provide that the
337 employees of the contractor do not have the right to strike.
338 (9) The contractor shall purchase services and supplies
339 required for the operation and maintenance of the correctional
340 facilities or assigned correctional units included in the
341 contract from a subcontractor or supplier that is located in
342 this state or that employs residents of this state if the costs
343 of such services and supplies are equal to the cost of such
344 services and supplies offered by a subcontractor or supplier
345 that is not located in this state or that does not employ
346 residents of this state; however, if the costs, terms, and
347 conditions associated with the purchase of services and supplies
348 are not identical, the contractor may select the subcontractor
349 or supplier preferred by the contractor.
350 (10)(a) The contractor shall reimburse the state for the
351 total costs of all unused, accumulated leave actually paid by
352 the state, in accordance with law and policies in effect on
353 January 1, 2012, to former employees of the Department of
354 Corrections who were employed at the correctional facilities and
355 assigned correctional units included in the contract during the
356 pay period immediately prior to the date on which the contractor
357 begins performance and who leave employment with the Department
358 of Corrections at any time within 1 year after such date.
359 (b) The Department of Management Services shall certify to
360 the contractor the amount that must be reimbursed and the
361 contractor shall pay the reimbursement to the state no later
362 than 180 days after receipt of such certification.
363 (c) The cost of such unused, accumulated leave may not be
364 included in the costs incurred by the state for the 2010-2011
365 fiscal year for the provision of services at the correctional
366 facilities and assigned correctional units included in the
367 requests for proposals and may not be included in the 7 percent
368 cost savings required under subsection (3) which must be
369 attained during the first year of the contract.
370 (11) The contractor shall pay to the Department of
371 Management Services the reasonable and direct costs, certified
372 by the Department of Management Services and included in the
373 contract, which are associated with the pursuit or apprehension
374 of an escapee from a correctional facility and incurred by any
375 state or local law enforcement agency while involved in the
376 pursuit or apprehension of an escapee.
377 (12) Twenty percent of the cost savings required under
378 subsection (3) shall be directed to the Department of Juvenile
379 Justice for the purpose of funding the CINS/FINS program under
380 chapter 984.
381 (13) The Department of Management Services shall provide
382 reports to each chair of the legislative appropriations
383 committees regarding the performance of each contractor which
384 include, but are not limited to, information regarding each
385 required performance measure in each contract resulting from the
386 request for proposals for each contractor and for each
387 correctional facility and assigned correctional unit.
388 (14) After the Department of Management Services has issued
389 its notice of intent to award a contract, resolved any bid
390 protests, and concluded negotiation of a contract resulting from
391 the request for proposals, the Department of Corrections must
392 prepare and submit to the Legislative Budget Commission proposed
393 revisions to its operating budget which demonstrate the 7
394 percent savings required under subsection (3), which must be
395 attained during the first year of the term of the contract. The
396 Auditor General shall review and certify the attainment of the
397 required savings.
398 (15) After approval by the Legislative Budget Commission,
399 the Department of Management Services shall enter into a
400 contract with one or more winning bidders.
401 (16) Each current Department of Corrections employee at the
402 designated correctional facility and assigned correctional unit
403 who is affected by the privatization must be given first
404 preference for continued employment by the contractor selected
405 as a result of a request for proposals. The Department of
406 Corrections shall make reasonable efforts to find suitable job
407 placements for employees who wish to continue to be employed by
408 the state.
409 (17) The Department of Economic Opportunity shall
410 expeditiously provide assistance and services to employees of
411 the Department of Corrections who are not employed by the
412 contractor or who do not continue employment with the Department
413 of Corrections.
414 (18) The request for appropriation of funds to make
415 payments pursuant to contracts entered into by the Department of
416 Management Services for the operation and maintenance of the
417 correctional facilities and assigned correctional units as
418 authorized by this section shall be made by the Department of
419 Management Services in a request to the Department of
420 Corrections. The Department of Corrections shall include such
421 request in its legislative budget request to the Legislature as
422 a separately identified item and shall forward the request of
423 the Department of Management Services without change. After an
424 appropriation has been made by the Legislature to the Department
425 of Corrections for the correctional facilities and assigned
426 correctional units, the Department of Corrections shall have no
427 authority over such funds other than to pay from such
428 appropriation to the appropriate contractor such amounts as are
429 certified for payment by the Department of Management Services.
430 (19) Notwithstanding any other provision of this section,
431 the Department of Corrections shall be solely responsible for
432 the operation and maintenance of any correctional facility at
433 which the death penalty is administered.
434 (20) The Department of Management Services and the
435 Department of Corrections may adopt rules as necessary to
436 administer this section.
437 Section 2. This act shall take effect upon becoming a law.