Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 7016
Ì855206"Î855206
LEGISLATIVE ACTION
Senate . House
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The Committee on Fiscal Policy (Martin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 19 - 404
4 and insert:
5 Section 1. Subsection (3) of section 944.35, Florida
6 Statutes, is amended to read:
7 944.35 Authorized use of force; malicious battery and
8 sexual misconduct prohibited; reporting required; penalties.—
9 (3)(a)1. Any employee of the department who, with malicious
10 intent, commits a battery upon an inmate or an offender
11 supervised by the department in the community, commits a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083.
14 2. Any employee of the department who, with malicious
15 intent, commits a battery or inflicts cruel or inhuman treatment
16 by neglect or otherwise, and in so doing causes great bodily
17 harm, permanent disability, or permanent disfigurement to an
18 inmate or an offender supervised by the department in the
19 community, commits a felony of the third degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 (b)1. As used in this paragraph, the term:
22 a. “Female genitals” includes the labia minora, labia
23 majora, clitoris, vulva, hymen, and vagina.
24 b. “Private correctional facility” has the same meaning as
25 in s. 944.710.
26 c.b. “Sexual misconduct” means the oral, anal, or female
27 genital penetration by, or union with, the sexual organ of
28 another or the anal or female genital penetration of another by
29 any other object, but does not include an act done for a bona
30 fide medical purpose or an internal search conducted in the
31 lawful performance of the employee’s duty.
32 d. “Volunteer” means a person registered with the
33 department or a private correctional facility who is engaged in
34 specific voluntary service activities on an ongoing or continual
35 basis.
36 2. Any employee of the department or a private correctional
37 facility or any volunteer in, or any employee of a contractor or
38 subcontractor of, the department or a private correctional
39 facility as defined in s. 944.710 who engages in sexual
40 misconduct with an inmate or an offender supervised by the
41 department in the community, without committing the crime of
42 sexual battery, commits a felony of the third degree, punishable
43 as provided in s. 775.082, s. 775.083, or s. 775.084.
44 3. The consent of the inmate or offender supervised by the
45 department in the community to any act of sexual misconduct may
46 not be raised as a defense to a prosecution under this
47 paragraph.
48 4. This paragraph does not apply to any employee,
49 volunteer, or employee of a contractor or subcontractor of the
50 department or any employee, volunteer, or employee of a
51 contractor or subcontractor of a private correctional facility
52 who is legally married to an inmate or an offender supervised by
53 the department in the community, nor does it apply to any
54 employee, volunteer, or employee of a contractor or
55 subcontractor who has no knowledge, and would have no reason to
56 believe, that the person with whom the employee, volunteer, or
57 employee of a contractor or subcontractor has engaged in sexual
58 misconduct is an inmate or an offender under community
59 supervision of the department.
60 (c) Notwithstanding prosecution, any violation of the
61 provisions of this subsection, as determined by the Public
62 Employees Relations Commission, shall constitute sufficient
63 cause under s. 110.227 for dismissal from employment with the
64 department, and such person shall not again be employed in any
65 capacity in connection with the correctional system.
66 (d) Each employee who witnesses, or has reasonable cause to
67 suspect, that an inmate or an offender under the supervision of
68 the department in the community has been unlawfully abused or is
69 the subject of sexual misconduct pursuant to this subsection
70 shall immediately prepare, date, and sign an independent report
71 specifically describing the nature of the force used or the
72 nature of the sexual misconduct, the location and time of the
73 incident, and the persons involved. The report shall be
74 delivered to the inspector general of the department with a copy
75 to be delivered to the warden of the institution or the regional
76 administrator. The inspector general shall immediately conduct
77 an appropriate investigation, and, if probable cause is
78 determined that a violation of this subsection has occurred, the
79 respective state attorney in the circuit in which the incident
80 occurred shall be notified.
81 Section 2. All powers, duties, functions, records,
82 personnel, associated administrative support positions,
83 property, administrative authority, and administrative rules
84 relating to private correctional facilities are transferred by a
85 type two transfer, as defined in s. 20.06(2), Florida Statutes,
86 from the Department of Management Services to the Department of
87 Corrections. The Department of Management Services must ensure
88 any unexpended funds or trust funds are transferred. Any binding
89 contract or interagency agreement concerning private
90 correctional facilities entered into and between the Department
91 of Management Services and any other agency, entity, or person
92 continues as a binding contract or an interagency agreement with
93 the Department of Corrections for the remainder of the term of
94 the contract or agreement, except for any contract or agreement
95 entered into as a result of state appropriations from the
96 federal Coronavirus State Fiscal Recovery Fund (Public Law 117
97 2) for fixed capital outlay projects. The Department of
98 Corrections assumes all rights and responsibilities of the
99 Department of Management Services under such contract or
100 interagency agreement as if it were the original party to the
101 agreement, except as it pertains to the Department of Management
102 Services’ rights with regard to action against any state
103 contractor pursuant to law, which rights remain with the
104 Department of Management Services. Notwithstanding the above,
105 for any client agency agreements concerning private correctional
106 facilities, the rights and responsibilities of the client
107 agency, and only those rights and responsibilities, are
108 transferred to the Department of Corrections.
109 (2) In no way shall the transfer under this act affect any
110 existing agreements, bonds, certificates of participation, or
111 other instruments of indebtedness entered into by the Department
112 of Management Services. All undertakings of the Department of
113 Management Services in connection with the issuance of
114 certificates of participation and the obligations to make rent
115 payments thereunder to the Florida Correctional Finance
116 Corporation are validated and continue to be valid and binding
117 on the Department of Corrections in accordance with their
118 respective terms, conditions, and covenants.
119 Section 3. Subsection (17) of section 287.042, Florida
120 Statutes, is amended to read:
121 287.042 Powers, duties, and functions.—The department shall
122 have the following powers, duties, and functions:
123 (17)(a) To enter into contracts pursuant to chapter 957 for
124 the designing, financing, acquiring, leasing, constructing, or
125 operating of private correctional facilities. The department
126 shall enter into a contract or contracts with one contractor per
127 facility for the designing, acquiring, financing, leasing,
128 constructing, and operating of that facility or may, if
129 specifically authorized by the Legislature, separately contract
130 for any such services.
131 (b) To manage and enforce compliance with existing or
132 future contracts entered into pursuant to chapter 957.
133
134 The department may not delegate the responsibilities conferred
135 by this subsection.
136 Section 4. Section 394.9151, Florida Statutes, is amended
137 to read:
138 394.9151 Contract authority.—The Department of Children and
139 Families may contract with a private entity or state agency for
140 use of and operation of facilities to comply with the
141 requirements of this act. The Department of Children and
142 Families may also contract with the Department of Corrections
143 Management Services to issue a request for proposals and monitor
144 contract compliance for these services.
145 Section 5. Section 943.13, Florida Statutes, is amended to
146 read:
147 943.13 Officers’ minimum qualifications for employment or
148 appointment.—On or after October 1, 1984, any person employed or
149 appointed as a full-time, part-time, or auxiliary law
150 enforcement officer or correctional officer; on or after October
151 1, 1986, any person employed as a full-time, part-time, or
152 auxiliary correctional probation officer; and on or after
153 October 1, 1986, any person employed as a full-time, part-time,
154 or auxiliary correctional officer by a private entity under
155 contract to the Department of Corrections or, to a county
156 commission, or to the Department of Management Services shall:
157 (1) Be at least 19 years of age, except that any person
158 employed as a full-time, a part-time, or an auxiliary
159 correctional officer must be at least 18 years of age.
160 (2) Be a citizen of the United States, notwithstanding any
161 law of the state to the contrary.
162 (3) Be a high school graduate or its “equivalent” as the
163 commission has defined the term by rule.
164 (4) Not have been convicted of any felony or of a
165 misdemeanor involving perjury or a false statement, or have
166 received a dishonorable discharge from any of the Armed Forces
167 of the United States. Any person who, after July 1, 1981, pleads
168 guilty or nolo contendere to or is found guilty of any felony or
169 of a misdemeanor involving perjury or a false statement is not
170 eligible for employment or appointment as an officer,
171 notwithstanding suspension of sentence or withholding of
172 adjudication. Notwithstanding this subsection, any person who
173 has pled nolo contendere to a misdemeanor involving a false
174 statement, prior to December 1, 1985, and has had such record
175 sealed or expunged shall not be deemed ineligible for employment
176 or appointment as an officer.
177 (5) Have documentation of his or her processed fingerprints
178 on file with the employing agency or, if a private correctional
179 officer, have documentation of his or her processed fingerprints
180 on file with the Department of Corrections or the Criminal
181 Justice Standards and Training Commission. The department shall
182 retain and enter into the statewide automated biometric
183 identification system authorized by s. 943.05 all fingerprints
184 submitted to the department as required by this section.
185 Thereafter, the fingerprints shall be available for all purposes
186 and uses authorized for arrest fingerprints entered in the
187 statewide automated biometric identification system pursuant to
188 s. 943.051. The department shall search all arrest fingerprints
189 received pursuant to s. 943.051 against the fingerprints
190 retained in the statewide automated biometric identification
191 system pursuant to this section and report to the employing
192 agency any arrest records that are identified with the retained
193 employee’s fingerprints. These fingerprints must be forwarded to
194 the department for processing and retention.
195 (6) Have passed a physical examination by a licensed
196 physician, physician assistant, or licensed advanced practice
197 registered nurse, based on specifications established by the
198 commission. In order to be eligible for the presumption set
199 forth in s. 112.18 while employed with an employing agency, a
200 law enforcement officer, correctional officer, or correctional
201 probation officer must have successfully passed the physical
202 examination required by this subsection upon entering into
203 service as a law enforcement officer, correctional officer, or
204 correctional probation officer with the employing agency, which
205 examination must have failed to reveal any evidence of
206 tuberculosis, heart disease, or hypertension. A law enforcement
207 officer, correctional officer, or correctional probation officer
208 may not use a physical examination from a former employing
209 agency for purposes of claiming the presumption set forth in s.
210 112.18 against the current employing agency. The employing
211 agency must maintain records of the physical examination for at
212 least 5 years after the employee’s separation from the employing
213 agency. If the employing agency fails to maintain the records of
214 the physical examination for the 5-year period after the
215 employee’s separation, it is presumed that the employee has met
216 the requirements of this subsection.
217 (7) Have a good moral character as determined by a
218 background investigation under procedures established by the
219 commission.
220 (8) Execute and submit to the employing agency or, if a
221 private correctional officer, submit to the appropriate
222 governmental entity an affidavit-of-applicant form, adopted by
223 the commission, attesting to his or her compliance with
224 subsections (1)-(7). The affidavit shall require the applicant
225 to disclose any pending investigation by a local, state, or
226 federal agency or entity for criminal, civil, or administrative
227 wrongdoing and whether the applicant separated or resigned from
228 previous criminal justice employment while he or she was under
229 investigation. The affidavit shall be executed under oath and
230 constitutes an official statement within the purview of s.
231 837.06. The affidavit shall include conspicuous language that
232 the intentional false execution of the affidavit constitutes a
233 misdemeanor of the second degree. The affidavit shall be
234 retained by the employing agency.
235 (9) Complete a commission-approved basic recruit training
236 program for the applicable criminal justice discipline, unless
237 exempt under this subsection. An applicant who has:
238 (a) Completed a comparable basic recruit training program
239 for the applicable criminal justice discipline in another state
240 or for the Federal Government and served as a full-time sworn
241 officer in another state or for the Federal Government for at
242 least 1 year, provided there is no more than an 8-year break in
243 employment, as measured from the separation date of the most
244 recent qualifying employment to the time a complete application
245 for an exemption under this subsection is submitted; or
246 (b) Served in the special operations forces for a minimum
247 of 5 years, provided there is no more than a 4-year break from
248 the applicant’s special operations forces experience, as
249 measured from the separation date from the special operations
250 forces to the time a complete application for an exemption under
251 this subsection is submitted,
252
253 is exempt in accordance with s. 943.131(2) from completing the
254 commission-approved basic recruit training program.
255 (10) Achieve an acceptable score on the officer
256 certification examination for the applicable criminal justice
257 discipline.
258 (11) Comply with the continuing training or education
259 requirements of s. 943.135.
260 Section 6. Subsection (4) of section 944.02, Florida
261 Statutes, is amended, and subsection (3) of that section is
262 republished, to read:
263 944.02 Definitions.—The following words and phrases used in
264 this chapter shall, unless the context clearly indicates
265 otherwise, have the following meanings:
266 (3) “Department” means the Department of Corrections.
267 (4) “Elderly offender” means a prisoner age 50 or older in
268 a state correctional institution or facility operated by the
269 department of Corrections or the Department of Management
270 Services.
271 Section 7. Paragraph (b) of subsection (2) of section
272 944.115, Florida Statutes, is amended, and paragraph (a) of that
273 subsection is republished, to read:
274 944.115 Smoking prohibited inside state correctional
275 facilities.—
276 (2) As used in this section, the term:
277 (a) “Department” means the Department of Corrections.
278 (b) “Employee” means an employee of the department or a
279 private vendor in a contractual relationship with either the
280 department of Corrections or the Department of Management
281 Services, and includes persons such as contractors, volunteers,
282 or law enforcement officers who are within a state correctional
283 facility to perform a professional service.
284 Section 8. Subsection (1) of section 944.72, Florida
285 Statutes, is amended to read:
286 944.72 Privately Operated Institutions Inmate Welfare Trust
287 Fund.—
288 (1) There is hereby created in the Department of
289 Corrections the Privately Operated Institutions Inmate Welfare
290 Trust Fund. The purpose of the trust fund shall be the benefit
291 and welfare of inmates incarcerated in private correctional
292 facilities under contract with the department pursuant to this
293 chapter or the Department of Management Services pursuant to
294 chapter 957. Moneys shall be deposited in the trust fund and
295 expenditures made from the trust fund as provided in s. 945.215.
296 Section 9. Section 944.8041, Florida Statutes, is amended
297 to read:
298 944.8041 Elderly offenders; annual review.—For the purpose
299 of providing information to the Legislature on elderly offenders
300 within the correctional system, the department and the
301 Correctional Medical Authority shall each submit annually a
302 report on the status and treatment of elderly offenders in the
303 state-administered and private state correctional systems and
304 the department’s geriatric facilities and dorms. In order to
305 adequately prepare the reports, the department and the
306 Department of Management Services shall grant access to the
307 Correctional Medical Authority that includes access to the
308 facilities, offenders, and any information the agencies require
309 to complete their reports. The review shall also include an
310 examination of promising geriatric policies, practices, and
311 programs currently implemented in other correctional systems
312 within the United States. The reports, with specific findings
313 and recommendations for implementation, shall be submitted to
314 the President of the Senate and the Speaker of the House of
315 Representatives on or before December 31 of each year.
316 Section 10. Subsection (3) of section 945.215, Florida
317 Statutes, is amended to read:
318 945.215 Inmate welfare and employee benefit trust funds.—
319 (3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
320 FUND; PRIVATE CORRECTIONAL FACILITIES.—
321 (a) For purposes of this subsection, privately operated
322 institutions or private correctional facilities are those
323 correctional facilities under contract with the department
324 pursuant to chapter 944 or the Department of Management Services
325 pursuant to chapter 957.
326 (b)1. The net proceeds derived from inmate canteens,
327 vending machines used primarily by inmates, telephone
328 commissions, and similar sources at private correctional
329 facilities shall be deposited in the Privately Operated
330 Institutions Inmate Welfare Trust Fund.
331 2. Funds in the Privately Operated Institutions Inmate
332 Welfare Trust Fund shall be expended only pursuant to
333 legislative appropriation.
334 (c) The department of Management Services shall annually
335 compile a report that documents Privately Operated Institutions
336 Inmate Welfare Trust Fund receipts and expenditures at each
337 private correctional facility. This report must specifically
338 identify receipt sources and expenditures. The department of
339 Management Services shall compile this report for the prior
340 fiscal year and shall submit the report by September 1 of each
341 year to the chairs of the appropriate substantive and fiscal
342 committees of the Senate and House of Representatives and to the
343 Executive Office of the Governor.
344 Section 11. Subsection (3) and paragraph (a) of subsection
345 (6) of section 946.504, Florida Statutes, are amended to read:
346 946.504 Organization of corporation to operate correctional
347 work programs; lease of facilities.—
348 (3) The corporation shall negotiate with the department of
349 Management Services to reach and enter into an agreement for the
350 lease of each correctional work program proposed by the
351 corporation. The facilities to be leased and the amount of
352 rental for such facilities shall be agreed upon by the
353 department of Management Services and the corporation, with
354 consultation with the department. The length of such lease shall
355 be mutually agreed upon between among the department, the
356 Department of Management Services, and the corporation; however,
357 the initial lease may not exceed 7 years. The department shall
358 continue to manage and operate the various correctional work
359 programs until the lease between the department and the
360 corporation is effective.
361 (6)(a) Upon the effective date of each lease of each
362 correctional work program, the department shall cause to be
363 remitted to the corporation all funds appropriated for,
364 associated with, or budgeted for the operation of that
365 correctional work program, as agreed upon between among the
366 department, the Department of Management Services, and the
367 corporation.
368 Section 12. Section 957.04, Florida Statutes, is amended to
369 read:
370 957.04 Contract requirements.—
371 (1) A contract entered into under this chapter for the
372 operation of private correctional facilities shall maximize the
373 cost savings of such facilities and shall:
374 (a) Be negotiated with the firm found most qualified.
375 However, a contract for private correctional services may not be
376 entered into by the department of Management Services unless the
377 department of Management Services determines that the contractor
378 has demonstrated that it has:
379 1. The qualifications, experience, and management personnel
380 necessary to carry out the terms of the contract.
381 2. The ability to expedite the siting, design, and
382 construction of correctional facilities.
383 3. The ability to comply with applicable laws, court
384 orders, and national correctional standards.
385 (b) Indemnify the state and the department, including their
386 officials and agents, against any and all liability, including,
387 but not limited to, civil rights liability. Proof of
388 satisfactory insurance is required in an amount to be determined
389 by the department of Management Services.
390 (c) Require that the contractor seek, obtain, and maintain
391 accreditation by the American Correctional Association for the
392 facility under that contract. Compliance with amendments to the
393 accreditation standards of the association is required upon the
394 approval of such amendments by the department commission.
395 (d) Require that the proposed facilities and the management
396 plans for the inmates meet applicable American Correctional
397 Association standards and the requirements of all applicable
398 court orders and state law.
399 (e) Establish operations standards for correctional
400 facilities subject to the contract. However, if the department
401 and the contractor disagree with an operations standard, the
402 contractor may propose to waive any rule, policy, or procedure
403 of the department related to the operations standards of
404 correctional facilities which is inconsistent with the mission
405 of the contractor to establish cost-effective, privately
406 operated correctional facilities. The department of Management
407 Services shall be responsible for considering all proposals from
408 the contractor to waive any rule, policy, or procedure and shall
409 render a final decision granting or denying such request.
410 (f) Require the contractor to be responsible for a range of
411 dental, medical, and psychological services; diet; education;
412 and work programs at least equal to those provided by the
413 department in comparable facilities. The work and education
414 programs must be designed to reduce recidivism, and include
415 opportunities to participate in such work programs as authorized
416 pursuant to s. 946.523.
417 (g) Require the selection and appointment of a full-time
418 contract monitor. The contract monitor shall be appointed and
419 supervised by the department of Management Services. The
420 contractor is required to reimburse the department of Management
421 Services for the salary and expenses of the contract monitor. It
422 is the obligation of the contractor to provide suitable office
423 space for the contract monitor at the correctional facility. The
424 contract monitor shall have unlimited access to the correctional
425 facility.
426 (h) Be for a period of 3 years and may be renewed for
427 successive 2-year periods thereafter. However, the state is not
428 obligated for any payments to the contractor beyond current
429 annual appropriations.
430 (2) Each contract entered into for the design and
431 construction of a private correctional facility or juvenile
432 commitment facility must include:
433 (a) Notwithstanding any provision of chapter 255 to the
434 contrary, a specific provision authorizing the use of tax-exempt
435 financing through the issuance of tax-exempt bonds, certificates
436 of participation, lease-purchase agreements, or other tax-exempt
437 financing methods. Pursuant to s. 255.25, approval is hereby
438 provided for the lease-purchase of up to two private
439 correctional facilities and any other facility authorized by the
440 General Appropriations Act.
441 (b) A specific provision requiring the design and
442 construction of the proposed facilities to meet the applicable
443 standards of the American Correctional Association and the
444 requirements of all applicable court orders and state law.
445 (c) A specific provision requiring the contractor, and not
446 the department of Management Services, to obtain the financing
447 required to design and construct the private correctional
448 facility or juvenile commitment facility built under this
449 chapter.
450 (d) A specific provision stating that the state is not
451 obligated for any payments that exceed the amount of the current
452 annual appropriation.
453 (3)(a) Each contract for the designing, financing,
454 acquiring, leasing, constructing, and operating of a private
455 correctional facility shall be subject to ss. 255.2502 and
456 255.2503.
457 (b) Each contract for the designing, financing, acquiring,
458 leasing, and constructing of a private juvenile commitment
459 facility shall be subject to ss. 255.2502 and 255.2503.
460 (4) A contract entered into under this chapter does not
461 accord third-party beneficiary status to any inmate or juvenile
462 offender or to any member of the general public.
463 (5) Each contract entered into by the department of
464 Management Services must include substantial minority
465 participation unless demonstrated by evidence, after a good
466 faith effort, as impractical and must also include any other
467 requirements the department of Management Services considers
468 necessary and appropriate for carrying out the purposes of this
469 chapter.
470 (6) Notwithstanding s. 253.025(9), the Board of Trustees of
471 the Internal Improvement Trust Fund need not approve a lease
472 purchase agreement negotiated by the department of Management
473 Services if the department of Management Services finds that
474 there is a need to expedite the lease-purchase.
475 (7)(a) Notwithstanding s. 253.025 or s. 287.057, whenever
476 the department of Management Services finds it to be in the best
477 interest of timely site acquisition, it may contract without the
478 need for competitive selection with one or more appraisers whose
479 names are contained on the list of approved appraisers
480 maintained by the Division of State Lands of the Department of
481 Environmental Protection in accordance with s. 253.025(8). In
482 those instances when the department of Management Services
483 directly contracts for appraisal services, it shall also
484 contract with an approved appraiser who is not employed by the
485 same appraisal firm for review services.
486 (b) Notwithstanding s. 253.025(8), the department of
487 Management Services may negotiate and enter into lease-purchase
488 agreements before an appraisal is obtained. Any such agreement
489 must state that the final purchase price cannot exceed the
490 maximum value allowed by law.
491 Section 13. Subsection (2) of section 957.06, Florida
492 Statutes, is amended to read:
493 957.06 Powers and duties not delegable to contractor.—A
494 contract entered into under this chapter does not authorize,
495 allow, or imply a delegation of authority to the contractor to:
496 (2) Choose the facility to which an inmate is initially
497 assigned or subsequently transferred. The contractor may
498 request, in writing, that an inmate be transferred to a facility
499 operated by the department. The Department of Management
500 Services, the contractor, and the department shall develop and
501 implement a cooperative agreement for transferring inmates
502 between a correctional facility operated by the department and a
503 private correctional facility. The department, the Department of
504 Management Services, and the contractor must comply with the
505 cooperative agreement.
506 Section 14. Section 957.07, Florida Statutes, is amended to
507 read:
508 957.07 Cost-saving requirements.—
509 (1) The department of Management Services may not enter
510 into a contract or series of contracts unless the department
511 determines that the contract or series of contracts in total for
512 the facility will result in a cost savings to the state of at
513 least 7 percent over the public provision of a similar facility.
514 Such cost savings as determined and certified by the Auditor
515 General Department of Management Services must be based upon the
516 actual costs associated with the construction and operation of
517 similar facilities or services as determined by the department
518 of Corrections and certified by the Auditor General. The
519 department of Corrections shall calculate all of the cost
520 components that determine the inmate per diem in correctional
521 facilities of a substantially similar size, type, and location
522 that are operated by the department of Corrections, including
523 administrative costs associated with central administration.
524 Services that are provided to the department of Corrections by
525 other governmental agencies at no direct cost to the department
526 shall be assigned an equivalent cost and included in the per
527 diem.
528 (2) Reasonable projections of payments of any kind to the
529 state or any political subdivision thereof for which the private
530 entity would be liable because of its status as private rather
531 than a public entity, including, but not limited to, corporate
532 income and sales tax payments, shall be included as cost savings
533 in all such determinations. In addition, the costs associated
534 with the appointment and activities of each contract monitor
535 shall be included in such determination.
536 (3) In counties where the department of Corrections pays
537 its employees a competitive area differential, the cost for the
538 public provision of a similar correctional facility may include
539 the competitive area differential paid by the department.
540 (4) The department of Corrections shall provide a report
541 detailing the state cost to design, finance, acquire, lease,
542 construct, and operate a facility similar to the private
543 correctional facility on a per diem basis. This report shall be
544 provided to the Auditor General in sufficient time that it may
545 be certified to the Department of Management Services to be
546 included in the request for proposals.
547 (5)(a) At the request of the Speaker of the House of
548 Representatives or the President of the Senate, the Prison Per
549 Diem Workgroup shall develop consensus per diem rates for use by
550 the Legislature. The Office of Program Policy Analysis and
551 Government Accountability and the staffs of the appropriations
552 committees of both the Senate and the House of Representatives
553 are the principals of the workgroup. The workgroup may consult
554 with other experts to assist in the development of the consensus
555 per diem rates. All meetings of the workgroup shall be open to
556 the public as provided in chapter 286.
557 (b) When developing the consensus per diem rates, the
558 workgroup must:
559 1. Use data provided by the department of Corrections from
560 the most recent fiscal year to determine per diem costs for the
561 following activities:
562 a. Custody and control;
563 b. Health services;
564 c. Substance abuse programs; and
565 d. Educational programs;
566 2. Include the cost of departmental, regional,
567 institutional, and program administration and any other fixed
568 costs of the department;
569 3. Calculate average per diem rates for the following
570 offender populations: adult male, youthful offender male, and
571 female; and
572 4. Make per diem adjustments, as appropriate, to account
573 for variations in size and location of correctional facilities.
574 (c) The consensus per diem rates determined by the
575 workgroup may be used to assist the Legislature in determining
576 the level of funding provided to privately operated prisons to
577 meet the 7-percent savings required of private prisons by this
578 chapter.
579 (d) If a private vendor chooses not to renew the contract
580 at the appropriated level, the department of Management Services
581 shall terminate the contract as provided in s. 957.14.
582 Section 15. Section 957.08, Florida Statutes, is amended to
583 read:
584 957.08 Capacity requirements.—The department of Corrections
585 shall transfer and assign prisoners to each private correctional
586 facility opened pursuant to this chapter in an amount not less
587 than 90 percent or more than 100 percent of the capacity of the
588 facility pursuant to the contract with the Department of
589 Management Services. The prisoners transferred by the department
590 of Corrections shall represent a cross-section of the general
591 inmate population, based on the grade of custody or the offense
592 of conviction, at the most comparable facility operated by the
593 department.
594 Section 16. Section 957.12, Florida Statutes, is amended to
595 read:
596 957.12 Prohibition on contact.—A bidder or potential bidder
597 is not permitted to have any contact with any member or employee
598 of or consultant to the department commission regarding a
599 request for proposal, a proposal, or the evaluation or selection
600 process from the time a request for proposals for a private
601 correctional facility is issued until the time a notification of
602 intent to award is announced, except if such contact is in
603 writing or in a meeting for which notice was provided in the
604 Florida Administrative Register.
605 Section 17. Section 957.14, Florida Statutes, is amended to
606 read:
607 957.14 Contract termination and control of a correctional
608 facility by the department.—A detailed plan shall be provided by
609 a private vendor under which the department shall assume
610 temporary control of a private correctional facility upon
611 termination of the contract. The department of Management
612 Services may terminate the contract with cause after written
613 notice of material deficiencies and after 60 workdays in order
614 to correct the material deficiencies. If any event occurs that
615 involves the noncompliance with or violation of contract terms
616 and that presents a serious threat to the safety, health, or
617 security of the inmates, employees, or the public, the
618 department may temporarily assume control of the private
619 correctional facility, with the approval of the department of
620 Management Services. A plan shall also be provided by a private
621 vendor for the purchase and temporary assumption of operations
622 of a correctional facility by the department in the event of
623 bankruptcy or the financial insolvency of the private vendor.
624 The private vendor shall provide an emergency plan to address
625 inmate disturbances, employee work stoppages, strikes, or other
626 serious events in accordance with standards of the American
627 Correctional Association.
628 Section 18. Section 957.15, Florida Statutes, is amended to
629 read:
630 957.15 Funding of contracts for operation, maintenance, and
631 lease-purchase of private correctional facilities.—The request
632 for appropriation of funds to make payments pursuant to
633 contracts entered into by the department of Management Services
634 for the operation, maintenance, and lease-purchase of the
635 private correctional facilities authorized by this chapter shall
636 be included made by the Department of Management Services in a
637 request to the department. The department shall include such
638 request in its budget request to the Legislature as a separately
639 identified item and shall forward the request of the Department
640 of Management Services without change. After an appropriation
641 has been made by the Legislature to the department for the
642 private correctional facilities, the department shall have no
643 authority over such funds other than to pay from such
644 appropriation to the appropriate private vendor such amounts as
645 are certified for payment by the department of Management
646 Services.
647 Section 19. Section 957.16, Florida Statutes, is amended to
648 read:
649 957.16 Expanding capacity.—The department of Management
650 Services is authorized to modify and execute agreements with
651 contractors to expand up to the total capacity of contracted
652 correctional facilities. Total capacity means the design
653 capacity of all contracted correctional facilities increased by
654 one-half as described under s. 944.023(1)(b). Any additional
655 beds authorized under this section must comply with the cost
656 saving requirements set forth in s. 957.07. Any additional beds
657 authorized as a result of expanded capacity under this section
658 are contingent upon specified appropriations.
659 Section 20. For the purpose of incorporating the amendment
660 made by this act to section 944.115, Florida Statutes, in a
661 reference thereto, paragraph (b) of subsection (2) of section
662 944.47, Florida Statutes, is reenacted to read:
663 944.47 Introduction, removal, or possession of contraband;
664 penalty.—
665 (2)
666 (b) A violation of this section by an employee, as defined
667 in s. 944.115(2)(b), who uses or attempts to use the powers,
668 rights, privileges, duties, or position of his or her employment
669 in the commission of the violation is ranked one level above the
670 ranking specified in s. 921.0022 or s. 921.0023 for the offense
671 committed.
672 Section 21. This act shall take effect October 1, 2023.
673
674 ================= T I T L E A M E N D M E N T ================
675 And the title is amended as follows:
676 Delete lines 12 - 15
677 and insert:
678 providing construction; amending ss. 287.042,
679 394.9151, 943.13, 944.02, 944.115, 944.72, 944.8041,
680 945.215, 946.504, 957.04, 957.06, 957.07, 957.08,
681 957.12, 957.14, 957.15, and 957.16, F.S.; conforming
682 provisions to changes made by the act; reenacting s.
683 944.47(2)(b), F.S., relating to the penalty for the
684 introduction, removal, or possession of contraband, to
685 incorporate the amendment made to s. 944.115, F.S., in
686 a reference thereto; providing an effective date.