Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1278
Ì685438IÎ685438
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2024 .
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The Appropriations Committee on Criminal and Civil Justice
(Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 944.31, Florida Statutes, is amended to
6 read:
7 944.31 Inspector general; inspectors; power and duties.—
8 (1) The inspector general shall be responsible for prison
9 inspection and investigation, internal affairs investigations,
10 and management reviews. The office of the inspector general
11 shall be charged with the duty of inspecting the penal and
12 correctional systems of the state.
13 (2) The office of the inspector general shall inspect each
14 correctional institution or any place in which state prisoners
15 are housed, worked, or kept within the state, with reference to
16 its physical conditions, cleanliness, sanitation, safety, and
17 comfort; the quality and supply of all bedding; the quality,
18 quantity, and diversity of food served and the manner in which
19 it is served; the number and condition of the prisoners confined
20 therein; and the general conditions of each institution.
21 (3) The office of inspector general shall see that all the
22 rules and regulations issued by the department are strictly
23 observed and followed by all persons connected with the
24 correctional systems of the state. The office of the inspector
25 general shall coordinate and supervise the work of inspectors
26 throughout the state.
27 (4) The inspector general and inspectors may enter any
28 place where prisoners in this state are kept and shall be
29 immediately admitted to such place as they desire and may
30 consult and confer with any prisoner privately and without
31 molestation.
32 (5)(a) The inspector general and inspectors shall be
33 responsible for criminal and administrative investigation of
34 matters relating to the Department of Corrections.
35 (b) The secretary may designate persons within the office
36 of the inspector general as law enforcement officers to conduct
37 any criminal investigation that occurs on property owned or
38 leased by the department or involves matters over which the
39 department has jurisdiction. All criminal investigations,
40 involving matters over which the department has jurisdiction at
41 contractor-operated correctional facilities, as defined in s.
42 944.710, may be conducted by the law enforcement officers of the
43 office of the inspector general.
44 (c) A person designated as a law enforcement officer must
45 be certified pursuant to s. 943.1395 and must have a minimum of
46 3 years’ experience as an inspector in the inspector general’s
47 office or as a law enforcement officer.
48 (d) The department shall maintain a memorandum of
49 understanding with the Department of Law Enforcement for the
50 notification and investigation of mutually agreed-upon predicate
51 events that shall include, but are not limited to, suspicious
52 deaths and organized criminal activity.
53 (e) During investigations, the inspector general and
54 inspectors may consult and confer with any prisoner or staff
55 member privately and without molestation and persons designated
56 as law enforcement officers under this section shall have the
57 authority to arrest, with or without a warrant, any prisoner of
58 or visitor to a state correctional institution for a violation
59 of the criminal laws of the state. Law enforcement officers
60 under this section shall have the authority to arrest, with or
61 without a warrant, any prisoner of or visitor to any state
62 correctional institution, as defined in s. 944.02, including all
63 contractor-operated correctional facilities, for any violation
64 of the criminal laws of the state involving matters over which
65 the department has jurisdiction, involving an offense classified
66 as a felony that occurs on property owned or leased by the
67 department and may arrest offenders who have escaped or
68 absconded from custody.
69 (f) Persons designated as law enforcement officers have the
70 authority to arrest with or without a warrant a staff member of
71 the department, including any contract employee, subcontractor,
72 or volunteer, for a violation of the criminal laws of the state
73 that occurs involving an offense classified as a felony under
74 this chapter or chapter 893 on property owned or leased by the
75 department, or any contractor-operated correctional facility
76 staff member, contract employee, subcontractor, or volunteer,
77 for a violation of the criminal laws of the state involving
78 matters over which the department has jurisdiction at any
79 contractor-operated correctional facility. A person designated
80 as a law enforcement officer under this section may make arrests
81 of persons against whom arrest warrants have been issued,
82 including arrests of offenders who have escaped or absconded
83 from custody. The arrested person shall be surrendered without
84 delay to the sheriff of the county in which the arrest is made,
85 with a formal complaint subsequently made against her or him in
86 accordance with law.
87 Section 2. Section 944.710, Florida Statutes, is amended to
88 read:
89 944.710 Definitions of terms relating to contractor
90 operated private operation of state correctional facilities and
91 s. 944.105.—As used with respect to contractor-operated private
92 operation of state correctional facilities and s. 944.105, the
93 term:
94 (1) “Bidder” means any individual, partnership,
95 corporation, or unincorporated association that submits a
96 proposal with the department to construct, lease, or operate a
97 contractor-operated private correctional facility.
98 (2) “Department” means the Department of Corrections.
99 (4)(3) “Contractor-operated private correctional facility”
100 means any facility, which is not operated by the department, for
101 the incarceration of adults or juveniles who have been sentenced
102 by a court and committed to the custody of the department.
103 (3)(4) “Contractor-employed Private correctional officer”
104 means any full-time or part-time employee of a private vendor
105 whose primary responsibility is the supervision, protection,
106 care, and control of prisoners within a contractor-operated
107 private correctional facility.
108 (5) “Private vendor” means any individual, partnership,
109 corporation, or unincorporated association bound by contract
110 with the department to construct, lease, or operate a
111 contractor-operated private correctional facility.
112 Section 3. Subsections (1), (2), and (3) of section 957.04,
113 Florida Statutes, are amended to read:
114 957.04 Contract requirements.—
115 (1) A contract entered into under this chapter for the
116 operation of contractor-operated private correctional facilities
117 shall maximize the cost savings of such facilities and shall:
118 (a) Unless otherwise specified herein, is not exempt from
119 chapter 287, including the competitive solicitation requirements
120 thereof. However, to the extent of a direct conflict between
121 this chapter and chapter 287, this chapter shall control.
122 Contracts entered into under this chapter for the operation of
123 contractor-operated correctional facilities are not considered
124 to be outsourced as defined in s. 287.012. The specific
125 outsourcing requirements in s. 287.0571 are not required under
126 this section.
127 (b)(a) Be executed negotiated with the contractor firm
128 found most qualified. However, a contract for contractor
129 operated private correctional services may not be entered into
130 by the department unless the department determines that the
131 contractor has demonstrated that it has:
132 1. The qualifications, experience, and management personnel
133 necessary to carry out the terms of the contract.
134 2. The ability to expedite the siting, design, and
135 construction of correctional facilities.
136 3. The ability to comply with applicable laws, court
137 orders, and national correctional standards.
138 (c)(b) Indemnify the state and the department, including
139 their officials and agents, against any and all liability,
140 including, but not limited to, civil rights liability. Proof of
141 satisfactory insurance is required in an amount to be determined
142 by the department.
143 (d)(c) Require that the contractor seek, obtain, and
144 maintain accreditation by the American Correctional Association
145 for the facility under that contract. Compliance with amendments
146 to the accreditation standards of the association is required
147 upon the approval of such amendments by the department.
148 (e)(d) Require that the proposed facilities and the
149 management plans for the inmates meet applicable American
150 Correctional Association standards and the requirements of all
151 applicable court orders and state law.
152 (f)(e) Establish operations standards for correctional
153 facilities subject to the contract. However, if the department
154 and the contractor disagree with an operations standard, the
155 contractor may propose to waive any rule, policy, or procedure
156 of the department related to the operations standards of
157 correctional facilities which is inconsistent with the mission
158 of the contractor to establish cost-effective, contractor
159 operated privately operated correctional facilities. The
160 department shall be responsible for considering all requests
161 proposals from the contractor to waive any rule, policy, or
162 procedure and shall render a final decision granting or denying
163 such request.
164 (g)(f) Require the contractor to be responsible for a range
165 of dental, medical, and psychological services; diet; education;
166 and work programs at least equal to those provided by the
167 department in comparable facilities. The work and education
168 programs must be designed to reduce recidivism, and include
169 opportunities to participate in such work programs as authorized
170 pursuant to s. 946.523.
171 (h)(g) Require the selection and appointment of a full-time
172 contract monitor. The contract monitor shall be appointed and
173 supervised by the department. The contractor is required to
174 reimburse the department for the salary and expenses of the
175 contract monitor. It is the obligation of the contractor to
176 provide suitable office space for the contract monitor at the
177 correctional facility. The contract monitor shall have unlimited
178 access to the correctional facility.
179 (i)(h) Be for a period of 3 years and may be renewed for
180 successive 2-year periods thereafter. However, the state is not
181 obligated for any payments to the contractor beyond current
182 annual appropriations.
183 (2) Each contract entered into for the design and
184 construction of a contractor-operated private correctional
185 facility or juvenile commitment facility must include:
186 (a) Notwithstanding any provision of chapter 255 to the
187 contrary, a specific provision authorizing the use of tax-exempt
188 financing through the issuance of tax-exempt bonds, certificates
189 of participation, lease-purchase agreements, or other tax-exempt
190 financing methods. Pursuant to s. 255.25, approval is hereby
191 provided for the lease-purchase of up to two contractor-operated
192 private correctional facilities and any other facility
193 authorized by the General Appropriations Act.
194 (b) A specific provision requiring the design and
195 construction of the proposed facilities to meet the applicable
196 standards of the American Correctional Association and the
197 requirements of all applicable court orders and state law.
198 (c) A specific provision requiring the contractor, and not
199 the department, to obtain the financing required to design and
200 construct the contractor-operated private correctional facility
201 or juvenile commitment facility built under this chapter.
202 (d) A specific provision stating that the state is not
203 obligated for any payments that exceed the amount of the current
204 annual appropriation.
205 (3)(a) Each contract for the designing, financing,
206 acquiring, leasing, constructing, and operating of a contractor
207 operated private correctional facility shall be subject to ss.
208 255.2502 and 255.2503.
209 (b) Each contract for the designing, financing, acquiring,
210 leasing, and constructing of a contractor-operated private
211 juvenile commitment facility shall be subject to ss. 255.2502
212 and 255.2503.
213 Section 4. Subsections (4) and (5) of section 957.07,
214 Florida Statutes, are amended to read:
215 957.07 Cost-saving requirements.—
216 (4) The department shall provide a report detailing the
217 state cost to design, finance, acquire, lease, construct, and
218 operate a facility similar to the contractor-operated private
219 correctional facility on a per diem basis. This report shall be
220 provided to the Auditor General in sufficient time that it may
221 be certified to be included in the competitive solicitation
222 request for proposals.
223 (5)(a) At the request of the Speaker of the House of
224 Representatives or the President of the Senate, the Prison Per
225 Diem Workgroup shall develop consensus per diem rates for use by
226 the Legislature. The Office of Program Policy Analysis and
227 Government Accountability and the staffs of the appropriations
228 committees of both the Senate and the House of Representatives
229 are the principals of the workgroup. The workgroup may consult
230 with other experts to assist in the development of the consensus
231 per diem rates. All meetings of the workgroup shall be open to
232 the public as provided in chapter 286.
233 (b) When developing the consensus per diem rates, the
234 workgroup must:
235 1. Use data provided by the department from the most recent
236 fiscal year to determine per diem costs for the following
237 activities:
238 a. Custody and control;
239 b. Health services;
240 c. Substance abuse programs; and
241 d. Educational programs;
242 2. Include the cost of departmental, regional,
243 institutional, and program administration and any other fixed
244 costs of the department;
245 3. Calculate average per diem rates for the following
246 offender populations: adult male, youthful offender male, and
247 female; and
248 4. Make per diem adjustments, as appropriate, to account
249 for variations in size and location of correctional facilities.
250 (c) The consensus per diem rates determined by the
251 workgroup may be used to assist the Legislature in determining
252 the level of funding provided to privately operated prisons to
253 meet the 7-percent savings required of private prisons by this
254 chapter.
255 (d) If a private vendor chooses not to renew the contract
256 at the appropriated level, the department shall terminate the
257 contract as provided in s. 957.14.
258 Section 5. Section 957.12, Florida Statutes, is amended to
259 read:
260 957.12 Prohibition on contact.—Except in writing to the
261 procurement office or as provided in the solicitation documents,
262 a bidder or potential bidder is not permitted to have any
263 contact with any member or employee of or consultant to the
264 department regarding a competitive solicitation request for
265 proposal, a proposal, or the evaluation or selection process
266 from the time a request for proposals for a contractor-operated
267 private correctional facility is issued until the time a
268 notification of intent to award is announced, except if such
269 contact is in writing or in a meeting for which notice was
270 provided in the Florida Administrative Register.
271 Section 6. Section 957.15, Florida Statutes, is amended to
272 read:
273 957.15 Funding of contracts for operation, maintenance, and
274 lease-purchase of contractor-operated private correctional
275 facilities.—The request for appropriation of funds to make
276 payments pursuant to contracts entered into by the department
277 for the operation, maintenance, and lease-purchase of the
278 contractor-operated private correctional facilities authorized
279 by this chapter shall be included in its budget request to the
280 Legislature as a separately identified item. After an
281 appropriation has been made by the Legislature to the department
282 for the private correctional facilities, the department shall
283 have no authority over such funds other than to pay from such
284 appropriation to the appropriate private vendor such amounts as
285 are certified for payment by the department.
286 Section 7. Paragraph (a) of subsection (2) of section
287 330.41, Florida Statutes, is amended to read:
288 330.41 Unmanned Aircraft Systems Act.—
289 (2) DEFINITIONS.—As used in this act, the term:
290 (a) “Critical infrastructure facility” means any of the
291 following, if completely enclosed by a fence or other physical
292 barrier that is obviously designed to exclude intruders, or if
293 clearly marked with a sign or signs which indicate that entry is
294 forbidden and which are posted on the property in a manner
295 reasonably likely to come to the attention of intruders:
296 1. A power generation or transmission facility, substation,
297 switching station, or electrical control center.
298 2. A chemical or rubber manufacturing or storage facility.
299 3. A water intake structure, water treatment facility,
300 wastewater treatment plant, or pump station.
301 4. A mining facility.
302 5. A natural gas or compressed gas compressor station,
303 storage facility, or natural gas or compressed gas pipeline.
304 6. A liquid natural gas or propane gas terminal or storage
305 facility.
306 7. Any portion of an aboveground oil or gas pipeline.
307 8. A refinery.
308 9. A gas processing plant, including a plant used in the
309 processing, treatment, or fractionation of natural gas.
310 10. A wireless communications facility, including the
311 tower, antennae, support structures, and all associated ground
312 based equipment.
313 11. A seaport as listed in s. 311.09(1), which need not be
314 completely enclosed by a fence or other physical barrier and
315 need not be marked with a sign or signs indicating that entry is
316 forbidden.
317 12. An inland port or other facility or group of facilities
318 serving as a point of intermodal transfer of freight in a
319 specific area physically separated from a seaport.
320 13. An airport as defined in s. 330.27.
321 14. A spaceport territory as defined in s. 331.303(18).
322 15. A military installation as defined in 10 U.S.C. s.
323 2801(c)(4) and an armory as defined in s. 250.01.
324 16. A dam as defined in s. 373.403(1) or other structures,
325 such as locks, floodgates, or dikes, which are designed to
326 maintain or control the level of navigable waterways.
327 17. A state correctional institution as defined in s.
328 944.02 or a contractor-operated private correctional facility
329 authorized under chapter 957.
330 18. A secure detention center or facility as defined in s.
331 985.03, or a nonsecure residential facility, a high-risk
332 residential facility, or a maximum-risk residential facility as
333 those terms are described in s. 985.03(44).
334 19. A county detention facility as defined in s. 951.23.
335 20. A critical infrastructure facility as defined in s.
336 692.201.
337 Section 8. Paragraph (b) of subsection (3) of section
338 553.865, Florida Statutes, is amended to read:
339 553.865 Private spaces.—
340 (3) As used in this section, the term:
341 (b) “Correctional institution” means any state correctional
342 institution as defined in s. 944.02 or contractor-operated
343 private correctional facility as defined in s. 944.710.
344 Section 9. Paragraph (e) of subsection (1) of section
345 633.218, Florida Statutes, is amended to read:
346 633.218 Inspections of state buildings and premises; tests
347 of firesafety equipment; building plans to be approved.—
348 (1)
349 (e) For purposes of this section:
350 1.a. The term “high-hazard occupancy” means any building or
351 structure:
352 (I) That contains combustible or explosive matter or
353 flammable conditions dangerous to the safety of life or
354 property;
355 (II) At which persons receive educational instruction;
356 (III) At which persons reside, excluding private dwellings;
357 or
358 (IV) Containing three or more floor levels.
359 b. As used in this subparagraph, the phrase “building or
360 structure”:
361 (I) Includes, but is not limited to, all hospitals and
362 residential health care facilities, nursing homes and other
363 adult care facilities, correctional or detention facilities,
364 public schools, public lodging establishments, migrant labor
365 camps, residential child care facilities, and self-service
366 gasoline stations.
367 (II) Does not include any residential condominium where the
368 declaration of condominium or the bylaws provide that the rental
369 of units shall not be permitted for less than 90 days.
370 2. The term “state-owned building” includes contractor
371 operated private correctional facilities as defined under s.
372 944.710 s. 944.710(3).
373 Section 10. Paragraph (e) of subsection (2), paragraphs (b)
374 and (e) of subsection (6), and paragraph (g) of subsection (10)
375 of section 775.21, Florida Statutes, are amended to read:
376 775.21 The Florida Sexual Predators Act.—
377 (2) DEFINITIONS.—As used in this section, the term:
378 (e) “Conviction” means a determination of guilt which is
379 the result of a trial or the entry of a plea of guilty or nolo
380 contendere, regardless of whether adjudication is withheld. A
381 conviction for a similar offense includes, but is not limited
382 to, a conviction by a federal or military tribunal, including
383 courts-martial conducted by the Armed Forces of the United
384 States, and includes a conviction or entry of a plea of guilty
385 or nolo contendere resulting in a sanction in any state of the
386 United States or other jurisdiction. A sanction includes, but is
387 not limited to, a fine, probation, community control, parole,
388 conditional release, control release, or incarceration in a
389 state prison, federal prison, contractor-operated private
390 correctional facility, or local detention facility.
391 (6) REGISTRATION.—
392 (b) If the sexual predator is in the custody or control of,
393 or under the supervision of, the Department of Corrections, or
394 is in the custody of a contractor-operated private correctional
395 facility, the sexual predator shall register with the Department
396 of Corrections. A sexual predator who is under the supervision
397 of the Department of Corrections but who is not incarcerated
398 shall register with the Department of Corrections within 3
399 business days after the court finds the offender to be a sexual
400 predator. The Department of Corrections shall provide to the
401 department registration information and the location of, and
402 local telephone number for, any Department of Corrections office
403 that is responsible for supervising the sexual predator. In
404 addition, the Department of Corrections shall notify the
405 department if the sexual predator escapes or absconds from
406 custody or supervision or if the sexual predator dies.
407 (e)1. If the sexual predator is not in the custody or
408 control of, or under the supervision of, the Department of
409 Corrections or is not in the custody of a contractor-operated
410 private correctional facility, the sexual predator shall
411 register in person:
412 a. At the sheriff’s office in the county where he or she
413 establishes or maintains a residence within 48 hours after
414 establishing or maintaining a residence in this state; and
415 b. At the sheriff’s office in the county where he or she
416 was designated a sexual predator by the court within 48 hours
417 after such finding is made.
418 2. Any change that occurs after the sexual predator
419 registers in person at the sheriff’s office as provided in
420 subparagraph 1. in any of the following information related to
421 the sexual predator must be reported as provided in paragraphs
422 (g), (i), and (j): permanent, temporary, or transient residence;
423 name; vehicles owned; electronic mail addresses; Internet
424 identifiers and each Internet identifier’s corresponding website
425 homepage or application software name; home and cellular
426 telephone numbers; employment information; and change in status
427 at an institution of higher education. When a sexual predator
428 registers with the sheriff’s office, the sheriff shall take a
429 photograph, a set of fingerprints, and palm prints of the
430 predator and forward the photographs, palm prints, and
431 fingerprints to the department, along with the information that
432 the predator is required to provide pursuant to this section.
433 (10) PENALTIES.—
434 (g) Any person who has reason to believe that a sexual
435 predator is not complying, or has not complied, with the
436 requirements of this section and who, with the intent to assist
437 the sexual predator in eluding a law enforcement agency that is
438 seeking to find the sexual predator to question the sexual
439 predator about, or to arrest the sexual predator for, his or her
440 noncompliance with the requirements of this section:
441 1. Withholds information from, or does not notify, the law
442 enforcement agency about the sexual predator’s noncompliance
443 with the requirements of this section, and, if known, the
444 whereabouts of the sexual predator;
445 2. Harbors, or attempts to harbor, or assists another
446 person in harboring or attempting to harbor, the sexual
447 predator;
448 3. Conceals or attempts to conceal, or assists another
449 person in concealing or attempting to conceal, the sexual
450 predator; or
451 4. Provides information to the law enforcement agency
452 regarding the sexual predator which the person knows to be false
453 information,
454
455 commits a felony of the third degree, punishable as provided in
456 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
457 apply if the sexual predator is incarcerated in or is in the
458 custody of a state correctional facility, a contractor-operated
459 private correctional facility, a local jail, or a federal
460 correctional facility.
461 Section 11. Paragraph (a) of subsection (3) and paragraph
462 (a) of subsection (4) of section 775.261, Florida Statutes, are
463 amended to read:
464 775.261 The Florida Career Offender Registration Act.—
465 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
466 (a) A career offender released on or after July 1, 2002,
467 from a sanction imposed in this state must register as required
468 under subsection (4) and is subject to community and public
469 notification as provided under subsection (5). For purposes of
470 this section, a sanction imposed in this state includes, but is
471 not limited to, a fine, probation, community control, parole,
472 conditional release, control release, or incarceration in a
473 state prison, contractor-operated private correctional facility,
474 or local detention facility, and:
475 1. The career offender has not received a pardon for any
476 felony or other qualified offense that is necessary for the
477 operation of this paragraph; or
478 2. A conviction of a felony or other qualified offense
479 necessary to the operation of this paragraph has not been set
480 aside in any postconviction proceeding.
481 (4) REGISTRATION.—
482 (a) A career offender must register with the department by
483 providing the following information to the department, or to the
484 sheriff’s office in the county in which the career offender
485 establishes or maintains a permanent or temporary residence,
486 within 2 working days after establishing permanent or temporary
487 residence in this state or within 2 working days after being
488 released from the custody, control, or supervision of the
489 Department of Corrections or from the custody of a contractor
490 operated private correctional facility:
491 1. Name, social security number, age, race, gender, date of
492 birth, height, weight, hair and eye color, photograph, address
493 of legal residence and address of any current temporary
494 residence within the state or out of state, including a rural
495 route address or a post office box, date and place of any
496 employment, date and place of each conviction, fingerprints, and
497 a brief description of the crime or crimes committed by the
498 career offender. A career offender may not provide a post office
499 box in lieu of a physical residential address. If the career
500 offender’s place of residence is a motor vehicle, trailer,
501 mobile home, or manufactured home, as defined in chapter 320,
502 the career offender shall also provide to the department written
503 notice of the vehicle identification number; the license tag
504 number; the registration number; and a description, including
505 color scheme, of the motor vehicle, trailer, mobile home, or
506 manufactured home. If a career offender’s place of residence is
507 a vessel, live-aboard vessel, or houseboat, as defined in
508 chapter 327, the career offender shall also provide to the
509 department written notice of the hull identification number; the
510 manufacturer’s serial number; the name of the vessel, live
511 aboard vessel, or houseboat; the registration number; and a
512 description, including color scheme, of the vessel, live-aboard
513 vessel, or houseboat.
514 2. Any other information determined necessary by the
515 department, including criminal and corrections records;
516 nonprivileged personnel and treatment records; and evidentiary
517 genetic markers when available.
518 Section 12. Subsection (1) of section 784.078, Florida
519 Statutes, is amended to read:
520 784.078 Battery of facility employee by throwing, tossing,
521 or expelling certain fluids or materials.—
522 (1) As used in this section, the term “facility” means a
523 state correctional institution defined in s. 944.02(8); a
524 contractor-operated private correctional facility defined in s.
525 944.710 or under chapter 957; a county, municipal, or regional
526 jail or other detention facility of local government under
527 chapter 950 or chapter 951; or a secure facility operated and
528 maintained by the Department of Corrections or the Department of
529 Juvenile Justice.
530 Section 13. Subsection (1) of section 800.09, Florida
531 Statutes, is amended to read:
532 800.09 Lewd or lascivious exhibition in the presence of an
533 employee.—
534 (1) As used in this section, the term:
535 (a) “Employee” means:
536 1. Any person employed by or performing contractual
537 services for a public or private entity operating a state
538 correctional institution or contractor-operated private
539 correctional facility;
540 2. Any person employed by or performing contractual
541 services for the corporation operating the prison industry
542 enhancement programs or the correctional work programs under
543 part II of chapter 946;
544 3. Any person who is a parole examiner with the Florida
545 Commission on Offender Review; or
546 4. Any person employed at or performing contractual
547 services for a county detention facility.
548 (b) “Facility” means a state correctional institution as
549 defined in s. 944.02, a contractor-operated private correctional
550 facility as defined in s. 944.710, or a county detention
551 facility as defined in s. 951.23.
552 Section 14. Paragraphs (b) and (h) of subsection (1) and
553 paragraph (a) of subsection (2) of section 943.0435, Florida
554 Statutes, are amended to read:
555 943.0435 Sexual offenders required to register with the
556 department; penalty.—
557 (1) As used in this section, the term:
558 (b) “Convicted” means that there has been a determination
559 of guilt as a result of a trial or the entry of a plea of guilty
560 or nolo contendere, regardless of whether adjudication is
561 withheld, and includes an adjudication of delinquency of a
562 juvenile as specified in this section. Conviction of a similar
563 offense includes, but is not limited to, a conviction by a
564 federal or military tribunal, including courts-martial conducted
565 by the Armed Forces of the United States, and includes a
566 conviction or entry of a plea of guilty or nolo contendere
567 resulting in a sanction in any state of the United States or
568 other jurisdiction. A sanction includes, but is not limited to,
569 a fine, probation, community control, parole, conditional
570 release, control release, or incarceration in a state prison,
571 federal prison, contractor-operated private correctional
572 facility, or local detention facility.
573 (h)1. “Sexual offender” means a person who meets the
574 criteria in sub-subparagraph a., sub-subparagraph b., sub
575 subparagraph c., or sub-subparagraph d., as follows:
576 a.(I) Has been convicted of committing, or attempting,
577 soliciting, or conspiring to commit, any of the criminal
578 offenses proscribed in the following statutes in this state or
579 similar offenses in another jurisdiction: s. 393.135(2); s.
580 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
581 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
582 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
583 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
584 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
585 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
586 s. 895.03, if the court makes a written finding that the
587 racketeering activity involved at least one sexual offense
588 listed in this sub-sub-subparagraph or at least one offense
589 listed in this sub-sub-subparagraph with sexual intent or
590 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
591 committed in this state which has been redesignated from a
592 former statute number to one of those listed in this sub-sub
593 subparagraph; and
594 (II) Has been released on or after October 1, 1997, from a
595 sanction imposed for any conviction of an offense described in
596 sub-sub-subparagraph (I) and does not otherwise meet the
597 criteria for registration as a sexual offender under chapter 944
598 or chapter 985. For purposes of this sub-sub-subparagraph, a
599 sanction imposed in this state or in any other jurisdiction
600 means probation, community control, parole, conditional release,
601 control release, or incarceration in a state prison, federal
602 prison, contractor-operated private correctional facility, or
603 local detention facility. If no sanction is imposed, the person
604 is deemed to be released upon conviction;
605 b. Establishes or maintains a residence in this state and
606 who has not been designated as a sexual predator by a court of
607 this state but who has been designated as a sexual predator, as
608 a sexually violent predator, or by another sexual offender
609 designation in another state or jurisdiction and was, as a
610 result of such designation, subjected to registration or
611 community or public notification, or both, or would be if the
612 person were a resident of that state or jurisdiction, without
613 regard to whether the person otherwise meets the criteria for
614 registration as a sexual offender;
615 c. Establishes or maintains a residence in this state who
616 is in the custody or control of, or under the supervision of,
617 any other state or jurisdiction as a result of a conviction for
618 committing, or attempting, soliciting, or conspiring to commit,
619 any of the criminal offenses proscribed in the following
620 statutes or similar offense in another jurisdiction: s.
621 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
622 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
623 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
624 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
625 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
626 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
627 s. 847.0145; s. 895.03, if the court makes a written finding
628 that the racketeering activity involved at least one sexual
629 offense listed in this sub-subparagraph or at least one offense
630 listed in this sub-subparagraph with sexual intent or motive; s.
631 916.1075(2); or s. 985.701(1); or any similar offense committed
632 in this state which has been redesignated from a former statute
633 number to one of those listed in this sub-subparagraph; or
634 d. On or after July 1, 2007, has been adjudicated
635 delinquent for committing, or attempting, soliciting, or
636 conspiring to commit, any of the criminal offenses proscribed in
637 the following statutes in this state or similar offenses in
638 another jurisdiction when the juvenile was 14 years of age or
639 older at the time of the offense:
640 (I) Section 794.011, excluding s. 794.011(10);
641 (II) Section 800.04(4)(a)2. where the victim is under 12
642 years of age or where the court finds sexual activity by the use
643 of force or coercion;
644 (III) Section 800.04(5)(c)1. where the court finds
645 molestation involving unclothed genitals;
646 (IV) Section 800.04(5)(d) where the court finds the use of
647 force or coercion and unclothed genitals; or
648 (V) Any similar offense committed in this state which has
649 been redesignated from a former statute number to one of those
650 listed in this sub-subparagraph.
651 2. For all qualifying offenses listed in sub-subparagraph
652 1.d., the court shall make a written finding of the age of the
653 offender at the time of the offense.
654
655 For each violation of a qualifying offense listed in this
656 subsection, except for a violation of s. 794.011, the court
657 shall make a written finding of the age of the victim at the
658 time of the offense. For a violation of s. 800.04(4), the court
659 shall also make a written finding indicating whether the offense
660 involved sexual activity and indicating whether the offense
661 involved force or coercion. For a violation of s. 800.04(5), the
662 court shall also make a written finding that the offense did or
663 did not involve unclothed genitals or genital area and that the
664 offense did or did not involve the use of force or coercion.
665 (2) Upon initial registration, a sexual offender shall:
666 (a) Report in person at the sheriff’s office:
667 1. In the county in which the offender establishes or
668 maintains a permanent, temporary, or transient residence within
669 48 hours after:
670 a. Establishing permanent, temporary, or transient
671 residence in this state; or
672 b. Being released from the custody, control, or supervision
673 of the Department of Corrections or from the custody of a
674 contractor-operated private correctional facility; or
675 2. In the county where he or she was convicted within 48
676 hours after being convicted for a qualifying offense for
677 registration under this section if the offender is not in the
678 custody or control of, or under the supervision of, the
679 Department of Corrections, or is not in the custody of a
680 contractor-operated private correctional facility.
681
682 Any change in the information required to be provided pursuant
683 to paragraph (b), including, but not limited to, any change in
684 the sexual offender’s permanent, temporary, or transient
685 residence; name; electronic mail addresses; Internet identifiers
686 and each Internet identifier’s corresponding website homepage or
687 application software name; home telephone numbers and cellular
688 telephone numbers; employment information; and any change in
689 status at an institution of higher education after the sexual
690 offender reports in person at the sheriff’s office must be
691 reported in the manner provided in subsections (4), (7), and
692 (8).
693
694 When a sexual offender reports at the sheriff’s office, the
695 sheriff shall take a photograph, a set of fingerprints, and palm
696 prints of the offender and forward the photographs, palm prints,
697 and fingerprints to the department, along with the information
698 provided by the sexual offender. The sheriff shall promptly
699 provide to the department the information received from the
700 sexual offender.
701 Section 15. Subsections (5) and (8) of section 943.13,
702 Florida Statutes, are amended to read:
703 943.13 Officers’ minimum qualifications for employment or
704 appointment.—On or after October 1, 1984, any person employed or
705 appointed as a full-time, part-time, or auxiliary law
706 enforcement officer or correctional officer; on or after October
707 1, 1986, any person employed as a full-time, part-time, or
708 auxiliary correctional probation officer; and on or after
709 October 1, 1986, any person employed as a full-time, part-time,
710 or auxiliary correctional officer by a private entity under
711 contract to the Department of Corrections or to a county
712 commission shall:
713 (5) Have documentation of his or her processed fingerprints
714 on file with the employing agency or, if a contractor-employed
715 private correctional officer, have documentation of his or her
716 processed fingerprints on file with the Department of
717 Corrections or the Criminal Justice Standards and Training
718 Commission. The department shall retain and enter into the
719 statewide automated biometric identification system authorized
720 by s. 943.05 all fingerprints submitted to the department as
721 required by this section. Thereafter, the fingerprints shall be
722 available for all purposes and uses authorized for arrest
723 fingerprints entered in the statewide automated biometric
724 identification system pursuant to s. 943.051. The department
725 shall search all arrest fingerprints received pursuant to s.
726 943.051 against the fingerprints retained in the statewide
727 automated biometric identification system pursuant to this
728 section and report to the employing agency any arrest records
729 that are identified with the retained employee’s fingerprints.
730 These fingerprints must be forwarded to the department for
731 processing and retention.
732 (8) Execute and submit to the employing agency or, if a
733 contractor-employed private correctional officer, submit to the
734 appropriate governmental entity an affidavit-of-applicant form,
735 adopted by the commission, attesting to his or her compliance
736 with subsections (1)-(7). The affidavit shall require the
737 applicant to disclose any pending investigation by a local,
738 state, or federal agency or entity for criminal, civil, or
739 administrative wrongdoing and whether the applicant separated or
740 resigned from previous criminal justice employment while he or
741 she was under investigation. The affidavit shall be executed
742 under oath and constitutes an official statement within the
743 purview of s. 837.06. The affidavit shall include conspicuous
744 language that the intentional false execution of the affidavit
745 constitutes a misdemeanor of the second degree. The affidavit
746 shall be retained by the employing agency.
747 Section 16. Paragraph (g) of subsection (2) of section
748 943.325, Florida Statutes, is amended to read:
749 943.325 DNA database.—
750 (2) DEFINITIONS.—As used in this section, the term:
751 (g) “Qualifying offender” means any person, including
752 juveniles and adults, who is:
753 1.a. Committed to a county jail;
754 b. Committed to or under the supervision of the Department
755 of Corrections, including persons incarcerated in a contractor
756 operated private correctional institution operated under
757 contract pursuant to s. 944.105;
758 c. Committed to or under the supervision of the Department
759 of Juvenile Justice;
760 d. Transferred to this state under the Interstate Compact
761 on Juveniles, part XIII of chapter 985; or
762 e. Accepted under Article IV of the Interstate Corrections
763 Compact, part III of chapter 941; and who is:
764 2.a. Convicted of any felony offense or attempted felony
765 offense in this state or of a similar offense in another
766 jurisdiction;
767 b. Convicted of a misdemeanor violation of s. 784.048, s.
768 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
769 offense that was found, pursuant to s. 874.04, to have been
770 committed for the purpose of benefiting, promoting, or
771 furthering the interests of a criminal gang as defined in s.
772 874.03;
773 c. Arrested for any felony offense or attempted felony
774 offense in this state; or
775 d. In the custody of a law enforcement agency and is
776 subject to an immigration detainer issued by a federal
777 immigration agency.
778 Section 17. Subsections (4), (5), and (7) of section
779 944.105, Florida Statutes, are amended to read:
780 944.105 Contractual arrangements with contractor-operated
781 private entities for operation and maintenance of correctional
782 facilities and supervision of inmates.—
783 (4) A contractor-employed private correctional officer may
784 use force only while on the grounds of a facility, while
785 transporting inmates, and while pursuing escapees from a
786 facility. A contractor-employed private correctional officer may
787 use nondeadly force in the following situations:
788 (a) To prevent the commission of a felony or a misdemeanor,
789 including escape.
790 (b) To defend oneself or others against physical assault.
791 (c) To prevent serious damage to property.
792 (d) To enforce institutional regulations and orders.
793 (e) To prevent or quell a riot.
794
795 Contractor-employed Private correctional officers may carry and
796 use firearms and may use deadly force only as a last resort, and
797 then only to prevent an act that could result in death or
798 serious bodily injury to oneself or to another person.
799 (5) Contractor-employed Private correctional officers shall
800 be trained in the use of force and the use of firearms and shall
801 be trained at the contractor-operated private firm’s expense, at
802 the facilities that train correctional officers employed by the
803 department.
804 (7) The department shall require the certification of
805 contractor-employed private correctional officers at the private
806 vendor’s expense under s. 943.1395, and all such officers must
807 meet the minimum qualifications established in s. 943.13. All
808 other employees of the private vendor that perform their duties
809 at the contractor-operated private correctional facility shall
810 receive, at a minimum, the same quality and quantity of training
811 as that required by the state for employees of state-operated
812 correctional facilities. All training expenses shall be the
813 responsibility of the private vendor. The department shall be
814 the contributor and recipient of all criminal background
815 information necessary for certification by the Criminal Justice
816 Standards and Training Commission.
817 Section 18. Subsections (1), (2), (3), and (4) of section
818 944.151, Florida Statutes, are amended to read:
819 944.151 Safe operation and security of correctional
820 institutions and facilities.—It is the intent of the Legislature
821 that the Department of Corrections shall be responsible for the
822 safe operation and security of the correctional institutions and
823 facilities. The safe operation and security of the state’s
824 correctional institutions and facilities are critical to ensure
825 public safety and the safety of department employees and
826 offenders, and to contain violent and chronic offenders until
827 offenders are otherwise released from the department’s custody
828 pursuant to law. The Secretary of Corrections shall, at a
829 minimum:
830 (1) Appoint appropriate department staff to a safety and
831 security review committee that shall evaluate new safety and
832 security technology, review and discuss current issues impacting
833 state and contractor-operated private correctional institutions
834 and facilities, and review and discuss other issues as requested
835 by department management.
836 (2) Direct appropriate department staff to establish a
837 periodic schedule for the physical inspection of buildings and
838 structures of each state and contractor-operated private
839 correctional institution and facility to determine safety and
840 security deficiencies. In scheduling the inspections, priority
841 shall be given to older institutions and facilities;
842 institutions and facilities that house a large proportion of
843 violent offenders; institutions and facilities that have
844 experienced a significant number of inappropriate incidents of
845 use of force on inmates, assaults on employees, or inmate sexual
846 abuse; and institutions and facilities that have experienced a
847 significant number of escapes or escape attempts in the past.
848 (3) Direct appropriate department staff to conduct or cause
849 to be conducted announced and unannounced comprehensive security
850 audits of all state and contractor-operated private correctional
851 institutions and facilities. Priority shall be given to those
852 institutions and facilities that have experienced a significant
853 number of inappropriate incidents of use of force on inmates,
854 assaults on employees, or sexual abuse. At a minimum, the audit
855 must include an evaluation of the physical plant, landscaping,
856 fencing, security alarms and perimeter lighting, and
857 confinement, arsenal, key and lock, and entrance and exit
858 policies. The evaluation of the physical plant policies must
859 include the identification of blind spots or areas where staff
860 or inmates may be isolated and the deployment of video
861 monitoring systems and other appropriate monitoring technologies
862 in such spots or areas. Each correctional institution and
863 facility shall be audited at least annually. The secretary shall
864 annually report the audit findings to the Governor and the
865 Legislature.
866 (4) Direct appropriate department staff to investigate and
867 evaluate the usefulness and dependability of existing safety and
868 security technology at state and contractor-operated private
869 correctional institutions and facilities, investigate and
870 evaluate new available safety and security technology, and make
871 periodic written recommendations to the secretary on the
872 discontinuation or purchase of various safety and security
873 devices.
874 Section 19. Paragraph (b) of subsection (3) of section
875 944.17, Florida Statutes, is amended to read:
876 944.17 Commitments and classification; transfers.—
877 (3)
878 (b) Notwithstanding paragraph (a), any prisoner
879 incarcerated in the state correctional system or contractor
880 operated private correctional facility operated pursuant to
881 chapter 957 who is convicted in circuit or county court of a
882 crime committed during that incarceration shall serve the
883 sentence imposed for that crime within the state correctional
884 system regardless of the length of sentence or classification of
885 the offense.
886 Section 20. Paragraph (b) of subsection (3) of section
887 944.35, Florida Statutes, is amended to read:
888 944.35 Authorized use of force; malicious battery and
889 sexual misconduct prohibited; reporting required; penalties.—
890 (3)
891 (b)1. As used in this paragraph, the term:
892 a. “Female genitals” includes the labia minora, labia
893 majora, clitoris, vulva, hymen, and vagina.
894 b. “Contractor-operated Private correctional facility” has
895 the same meaning as in s. 944.710.
896 c. “Sexual misconduct” means the oral, anal, or female
897 genital penetration by, or union with, the sexual organ of
898 another or the anal or female genital penetration of another by
899 any other object, but does not include an act done for a bona
900 fide medical purpose or an internal search conducted in the
901 lawful performance of the employee’s duty.
902 d. “Volunteer” means a person registered with the
903 department or a contractor-operated private correctional
904 facility who is engaged in specific voluntary service activities
905 on an ongoing or continual basis.
906 2. Any employee of the department or a contractor-operated
907 private correctional facility or any volunteer in, or any
908 employee of a contractor or subcontractor of, the department or
909 a contractor-operated private correctional facility who engages
910 in sexual misconduct with an inmate or an offender supervised by
911 the department in the community, without committing the crime of
912 sexual battery, commits a felony of the third degree, punishable
913 as provided in s. 775.082, s. 775.083, or s. 775.084.
914 3. The consent of the inmate or offender supervised by the
915 department in the community to any act of sexual misconduct may
916 not be raised as a defense to a prosecution under this
917 paragraph.
918 4. This paragraph does not apply to any employee,
919 volunteer, or employee of a contractor or subcontractor of the
920 department or any employee, volunteer, or employee of a
921 contractor or subcontractor of a contractor-operated private
922 correctional facility who is legally married to an inmate or an
923 offender supervised by the department in the community, nor does
924 it apply to any employee, volunteer, or employee of a contractor
925 or subcontractor who has no knowledge, and would have no reason
926 to believe, that the person with whom the employee, volunteer,
927 or employee of a contractor or subcontractor has engaged in
928 sexual misconduct is an inmate or an offender under community
929 supervision of the department.
930 Section 21. Section 944.40, Florida Statutes, is amended to
931 read:
932 944.40 Escapes; penalty.—Any prisoner confined in, or
933 released on furlough from, any prison, jail, contractor-operated
934 private correctional facility, road camp, or other penal
935 institution, whether operated by the state, a county, or a
936 municipality, or operated under a contract with the state, a
937 county, or a municipality, working upon the public roads, or
938 being transported to or from a place of confinement who escapes
939 or attempts to escape from such confinement commits a felony of
940 the second degree, punishable as provided in s. 775.082, s.
941 775.083, or s. 775.084. The punishment of imprisonment imposed
942 under this section shall run consecutive to any former sentence
943 imposed upon any prisoner.
944 Section 22. Subsections (1) and (2) of section 944.605,
945 Florida Statutes, are amended to read:
946 944.605 Inmate release; notification; identification card.—
947 (1) Within 6 months before the release of an inmate from
948 the custody of the Department of Corrections or a contractor
949 operated private correctional facility by expiration of sentence
950 under s. 944.275, any release program provided by law, or parole
951 under chapter 947, or as soon as possible if the offender is
952 released earlier than anticipated, notification of such
953 anticipated release date shall be made known by the Department
954 of Corrections to the chief judge of the circuit in which the
955 offender was sentenced, the appropriate state attorney, the
956 original arresting law enforcement agency, the Department of Law
957 Enforcement, and the sheriff as chief law enforcement officer of
958 the county in which the inmate plans to reside. In addition,
959 unless otherwise requested by the victim, the victim’s parent or
960 guardian if the victim is a minor, the lawful representative of
961 the victim or of the victim’s parent or guardian if the victim
962 is a minor, the victim’s next of kin in the case of a homicide,
963 the state attorney or the Department of Corrections, whichever
964 is appropriate, shall notify such person within 6 months before
965 the inmate’s release, or as soon as possible if the offender is
966 released earlier than anticipated, when the name and address of
967 such victim, or the name and address of the parent, guardian,
968 next of kin, or lawful representative of the victim has been
969 furnished to the agency. The state attorney shall provide the
970 latest address documented for the victim, or for the victim’s
971 parent, guardian, next of kin, or lawful representative, as
972 applicable, to the sheriff with the other documents required by
973 law for the delivery of inmates to those agencies for service of
974 sentence. Upon request, within 30 days after an inmate is
975 approved for community work release, the state attorney, the
976 victim, the victim’s parent or guardian if the victim is a
977 minor, the victim’s next of kin in the case of a homicide, or
978 the lawful representative of the victim or of the victim’s
979 parent or guardian if the victim is a minor shall be notified
980 that the inmate has been approved for community work release.
981 This section does not imply any repeal or modification of any
982 provision of law relating to notification of victims.
983 (2) Within 60 days before the anticipated release of an
984 inmate under subsection (1), a digitized photograph of the
985 inmate to be released shall be made by the Department of
986 Corrections or a contractor-operated private correctional
987 facility, whichever has custody of the inmate. If a contractor
988 operated private correctional facility makes the digitized
989 photograph, this photograph shall be provided to the Department
990 of Corrections. Additionally, the digitized photograph, whether
991 made by the Department of Corrections or a contractor-operated
992 private correctional facility, shall be placed in the inmate’s
993 file. The Department of Corrections shall make the digitized
994 photograph available electronically to the Department of Law
995 Enforcement as soon as the digitized photograph is in the
996 department’s database and must be in a format that is compatible
997 with the requirements of the Florida Crime Information Center.
998 The department shall provide a copy of the digitized photograph
999 to a local law enforcement agency upon request.
1000 Section 23. Paragraph (a) of subsection (1) and paragraph
1001 (a) of subsection (3) of section 944.606, Florida Statutes, are
1002 amended to read:
1003 944.606 Sexual offenders; notification upon release.—
1004 (1) As used in this section, the term:
1005 (a) “Convicted” means there has been a determination of
1006 guilt as a result of a trial or the entry of a plea of guilty or
1007 nolo contendere, regardless of whether adjudication is withheld.
1008 A conviction for a similar offense includes, but is not limited
1009 to, a conviction by a federal or military tribunal, including
1010 courts-martial conducted by the Armed Forces of the United
1011 States, and includes a conviction or entry of a plea of guilty
1012 or nolo contendere resulting in a sanction in any state of the
1013 United States or other jurisdiction. A sanction includes, but is
1014 not limited to, a fine; probation; community control; parole;
1015 conditional release; control release; or incarceration in a
1016 state prison, federal prison, contractor-operated private
1017 correctional facility, or local detention facility.
1018 (3)(a) The department shall provide information regarding
1019 any sexual offender who is being released after serving a period
1020 of incarceration for any offense, as follows:
1021 1. The department shall provide: the sexual offender’s
1022 name, any change in the offender’s name by reason of marriage or
1023 other legal process, and any alias, if known; the correctional
1024 facility from which the sexual offender is released; the sexual
1025 offender’s social security number, race, sex, date of birth,
1026 height, weight, and hair and eye color; tattoos or other
1027 identifying marks; address of any planned permanent residence or
1028 temporary residence, within the state or out of state, including
1029 a rural route address and a post office box; if no permanent or
1030 temporary address, any transient residence within the state;
1031 address, location or description, and dates of any known future
1032 temporary residence within the state or out of state; date and
1033 county of sentence and each crime for which the offender was
1034 sentenced; a copy of the offender’s fingerprints, palm prints,
1035 and a digitized photograph taken within 60 days before release;
1036 the date of release of the sexual offender; all electronic mail
1037 addresses and all Internet identifiers required to be provided
1038 pursuant to s. 943.0435(4)(e); employment information, if known,
1039 provided pursuant to s. 943.0435(4)(e); all home telephone
1040 numbers and cellular telephone numbers required to be provided
1041 pursuant to s. 943.0435(4)(e); information about any
1042 professional licenses the offender has, if known; and passport
1043 information, if he or she has a passport, and, if he or she is
1044 an alien, information about documents establishing his or her
1045 immigration status. The department shall notify the Department
1046 of Law Enforcement if the sexual offender escapes, absconds, or
1047 dies. If the sexual offender is in the custody of a contractor
1048 operated private correctional facility, the facility shall take
1049 the digitized photograph of the sexual offender within 60 days
1050 before the sexual offender’s release and provide this photograph
1051 to the Department of Corrections and also place it in the sexual
1052 offender’s file. If the sexual offender is in the custody of a
1053 local jail, the custodian of the local jail shall register the
1054 offender within 3 business days after intake of the offender for
1055 any reason and upon release, and shall notify the Department of
1056 Law Enforcement of the sexual offender’s release and provide to
1057 the Department of Law Enforcement the information specified in
1058 this paragraph and any information specified in subparagraph 2.
1059 that the Department of Law Enforcement requests.
1060 2. The department may provide any other information deemed
1061 necessary, including criminal and corrections records,
1062 nonprivileged personnel and treatment records, when available.
1063 Section 24. Paragraphs (b) and (f) of subsection (1),
1064 paragraph (g) of subsection (6), and subsection (12) of section
1065 944.607, Florida Statutes, are amended to read:
1066 944.607 Notification to Department of Law Enforcement of
1067 information on sexual offenders.—
1068 (1) As used in this section, the term:
1069 (b) “Conviction” means a determination of guilt which is
1070 the result of a trial or the entry of a plea of guilty or nolo
1071 contendere, regardless of whether adjudication is withheld.
1072 Conviction of a similar offense includes, but is not limited to,
1073 a conviction by a federal or military tribunal, including
1074 courts-martial conducted by the Armed Forces of the United
1075 States, and includes a conviction or entry of a plea of guilty
1076 or nolo contendere resulting in a sanction in any state of the
1077 United States or other jurisdiction. A sanction includes, but is
1078 not limited to, a fine; probation; community control; parole;
1079 conditional release; control release; or incarceration in a
1080 state prison, federal prison, contractor-operated private
1081 correctional facility, or local detention facility.
1082 (f) “Sexual offender” means a person who is in the custody
1083 or control of, or under the supervision of, the department or is
1084 in the custody of a contractor-operated private correctional
1085 facility:
1086 1. On or after October 1, 1997, as a result of a conviction
1087 for committing, or attempting, soliciting, or conspiring to
1088 commit, any of the criminal offenses proscribed in the following
1089 statutes in this state or similar offenses in another
1090 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1091 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
1092 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
1093 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
1094 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
1095 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
1096 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
1097 makes a written finding that the racketeering activity involved
1098 at least one sexual offense listed in this subparagraph or at
1099 least one offense listed in this subparagraph with sexual intent
1100 or motive; s. 916.1075(2); or s. 985.701(1); or any similar
1101 offense committed in this state which has been redesignated from
1102 a former statute number to one of those listed in this
1103 paragraph; or
1104 2. Who establishes or maintains a residence in this state
1105 and who has not been designated as a sexual predator by a court
1106 of this state but who has been designated as a sexual predator,
1107 as a sexually violent predator, or by another sexual offender
1108 designation in another state or jurisdiction and was, as a
1109 result of such designation, subjected to registration or
1110 community or public notification, or both, or would be if the
1111 person were a resident of that state or jurisdiction, without
1112 regard as to whether the person otherwise meets the criteria for
1113 registration as a sexual offender.
1114 (6) The information provided to the Department of Law
1115 Enforcement must include:
1116 (g) A digitized photograph of the sexual offender which
1117 must have been taken within 60 days before the offender is
1118 released from the custody of the department or a contractor
1119 operated private correctional facility by expiration of sentence
1120 under s. 944.275 or must have been taken by January 1, 1998, or
1121 within 60 days after the onset of the department’s supervision
1122 of any sexual offender who is on probation, community control,
1123 conditional release, parole, provisional release, or control
1124 release or who is supervised by the department under the
1125 Interstate Compact Agreement for Probationers and Parolees. If
1126 the sexual offender is in the custody of a contractor-operated
1127 private correctional facility, the facility shall take a
1128 digitized photograph of the sexual offender within the time
1129 period provided in this paragraph and shall provide the
1130 photograph to the department.
1131
1132 If any information provided by the department changes during the
1133 time the sexual offender is under the department’s control,
1134 custody, or supervision, including any change in the offender’s
1135 name by reason of marriage or other legal process, the
1136 department shall, in a timely manner, update the information and
1137 provide it to the Department of Law Enforcement in the manner
1138 prescribed in subsection (2).
1139 (12) Any person who has reason to believe that a sexual
1140 offender is not complying, or has not complied, with the
1141 requirements of this section and who, with the intent to assist
1142 the sexual offender in eluding a law enforcement agency that is
1143 seeking to find the sexual offender to question the sexual
1144 offender about, or to arrest the sexual offender for, his or her
1145 noncompliance with the requirements of this section:
1146 (a) Withholds information from, or does not notify, the law
1147 enforcement agency about the sexual offender’s noncompliance
1148 with the requirements of this section, and, if known, the
1149 whereabouts of the sexual offender;
1150 (b) Harbors, or attempts to harbor, or assists another
1151 person in harboring or attempting to harbor, the sexual
1152 offender; or
1153 (c) Conceals or attempts to conceal, or assists another
1154 person in concealing or attempting to conceal, the sexual
1155 offender; or
1156 (d) Provides information to the law enforcement agency
1157 regarding the sexual offender which the person knows to be false
1158 information,
1159
1160 commits a felony of the third degree, punishable as provided in
1161 s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1162 apply if the sexual offender is incarcerated in or is in the
1163 custody of a state correctional facility, a contractor-operated
1164 private correctional facility, a local jail, or a federal
1165 correctional facility.
1166 Section 25. Subsection (1) and paragraph (e) of subsection
1167 (5) of section 944.608, Florida Statutes, are amended to read:
1168 944.608 Notification to Department of Law Enforcement of
1169 information on career offenders.—
1170 (1) As used in this section, the term “career offender”
1171 means a person who is in the custody or control of, or under the
1172 supervision of, the department or is in the custody or control
1173 of, or under the supervision of, a contractor-operated private
1174 correctional facility, and who is designated as a habitual
1175 violent felony offender, a violent career criminal, or a three
1176 time violent felony offender under s. 775.084 or as a prison
1177 releasee reoffender under s. 775.082(9).
1178 (5) The information provided to the Department of Law
1179 Enforcement must include:
1180 (e) A digitized photograph of the career offender, which
1181 must have been taken within 60 days before the career offender
1182 is released from the custody of the department or a contractor
1183 operated private correctional facility or within 60 days after
1184 the onset of the department’s supervision of any career offender
1185 who is on probation, community control, conditional release,
1186 parole, provisional release, or control release. If the career
1187 offender is in the custody or control of, or under the
1188 supervision of, a contractor-operated private correctional
1189 facility, the facility shall take a digitized photograph of the
1190 career offender within the time period provided in this
1191 paragraph and shall provide the photograph to the department.
1192 Section 26. Subsection (1) and paragraph (a) of subsection
1193 (3) of section 944.609, Florida Statutes, are amended to read:
1194 944.609 Career offenders; notification upon release.—
1195 (1) As used in this section, the term “career offender”
1196 means a person who is in the custody or control of, or under the
1197 supervision of, the department or is in the custody or control
1198 of, or under the supervision of a contractor-operated private
1199 correctional facility, who is designated as a habitual violent
1200 felony offender, a violent career criminal, or a three-time
1201 violent felony offender under s. 775.084 or as a prison releasee
1202 reoffender under s. 775.082(9).
1203 (3)(a) The department must provide information regarding
1204 any career offender who is being released after serving a period
1205 of incarceration for any offense, as follows:
1206 1. The department must provide the career offender’s name,
1207 any change in the career offender’s name by reason of marriage
1208 or other legal process, and any alias, if known; the
1209 correctional facility from which the career offender is
1210 released; the career offender’s social security number, race,
1211 gender, date of birth, height, weight, and hair and eye color;
1212 date and county of sentence and each crime for which the career
1213 offender was sentenced; a copy of the career offender’s
1214 fingerprints and a digitized photograph taken within 60 days
1215 before release; the date of release of the career offender; and
1216 the career offender’s intended residence address, if known. The
1217 department shall notify the Department of Law Enforcement if the
1218 career offender escapes, absconds, or dies. If the career
1219 offender is in the custody of a contractor-operated private
1220 correctional facility, the facility shall take the digitized
1221 photograph of the career offender within 60 days before the
1222 career offender’s release and provide this photograph to the
1223 Department of Corrections and also place it in the career
1224 offender’s file. If the career offender is in the custody of a
1225 local jail, the custodian of the local jail shall notify the
1226 Department of Law Enforcement of the career offender’s release
1227 and provide to the Department of Law Enforcement the information
1228 specified in this paragraph and any information specified in
1229 subparagraph 2. which the Department of Law Enforcement
1230 requests.
1231 2. The department may provide any other information deemed
1232 necessary, including criminal and corrections records and
1233 nonprivileged personnel and treatment records, when available.
1234 Section 27. Section 944.7031, Florida Statutes, is amended
1235 to read:
1236 944.7031 Eligible inmates released from contractor-operated
1237 private correctional facilities.—
1238 (1) It is the intent of the Legislature that state inmates
1239 nearing release from a contractor-operated private correctional
1240 facility managed under chapter 957 are eligible for assistance
1241 under ss. 944.701-944.708, and all laws that provide for or
1242 mandate transition assistance services to inmates nearing
1243 release also apply to inmates who reside in contractor-operated
1244 private correctional facilities.
1245 (2) To assist an inmate nearing release from a contractor
1246 operated private correctional facility, the department and the
1247 transition assistance specialist shall coordinate with a
1248 designated staff person at each contractor-operated private
1249 correctional facility to ensure that a state inmate released
1250 from the contractor-operated private correctional facility is
1251 informed of and provided with the same level of transition
1252 assistance services that are provided by the department for an
1253 inmate in a state correctional facility. Any inmate released
1254 from a contractor-operated private correctional facility shall
1255 also have equal access to placement consideration in a
1256 contracted substance abuse transition housing program, including
1257 those programs that have a faith-based component.
1258 Section 28. Section 944.714, Florida Statutes, is amended
1259 to read:
1260 944.714 Quality assurance and standards of operation.—
1261 (1) The level and quality of programs provided by a private
1262 vendor at a contractor-operated private correctional facility
1263 must be at least equal to programs provided at a correctional
1264 facility operated by the department that houses similar types of
1265 inmates and must be at a cost that provides the state with a
1266 substantial savings, as determined by a private accounting firm
1267 selected by the Department of Corrections.
1268 (2) All contractor-employed private correctional officers
1269 employed by a private vendor must be certified, at the private
1270 vendor’s expense, as having met the minimum qualifications
1271 established for correctional officers under s. 943.13.
1272 (3) Pursuant to the terms of the contract, a private vendor
1273 shall design, construct, and operate a contractor-operated
1274 private correctional facility in accordance with the standards
1275 established by the American Correctional Association and
1276 approved by the department at the time of the contract. In
1277 addition, a contractor-operated private correctional facility
1278 shall meet any higher standard mandated in the full or partial
1279 settlement of any litigation challenging the constitutional
1280 conditions of confinement to which the department is a named
1281 defendant. The standards required under a contract for operating
1282 a contractor-operated private correctional facility may be
1283 higher than the standards required for accreditation by the
1284 American Correctional Association. A private vendor shall comply
1285 with all federal and state constitutional requirements, federal,
1286 state, and local laws, department rules, and all court orders.
1287 Section 29. Section 944.715, Florida Statutes, is amended
1288 to read:
1289 944.715 Delegation of authority.—
1290 (1) A private vendor shall incarcerate all inmates assigned
1291 to the contractor-operated private correctional facility by the
1292 department and as specified in the contract. The department may
1293 not exceed the maximum occupancy designated for the facility in
1294 the contract.
1295 (2) Inmates incarcerated in a contractor-operated private
1296 correctional facility are in the legal custody of the
1297 department. A private vendor may not award gain-time or release
1298 credits, determine inmate eligibility for furlough or work
1299 release, calculate inmate release dates, approve inmate
1300 transfers, place inmates in less restrictive custody than that
1301 ordered by the department or approve inmate work assignments. A
1302 private vendor may not benefit financially from the labor of
1303 inmates except to the extent authorized under chapter 946.
1304 Section 30. Section 944.716, Florida Statutes, is amended
1305 to read:
1306 944.716 Contract termination and control of a correctional
1307 facility by the department.—A detailed plan shall be provided by
1308 a private vendor under which the department shall assume control
1309 of a contractor-operated private correctional facility upon
1310 termination of the contract. The department may terminate the
1311 contract with cause after written notice of material
1312 deficiencies and after 60 workdays in order to correct the
1313 material deficiencies. If any event occurs that involves the
1314 noncompliance with or violation of contract terms and that
1315 presents a serious threat to the safety, health, or security of
1316 the inmates, employees, or the public, the department may
1317 temporarily assume control of the contractor-operated private
1318 correctional facility. A plan shall also be provided by a
1319 private vendor for the purchase and assumption of operations of
1320 a correctional facility by the department in the event of
1321 bankruptcy or the financial insolvency of the private vendor.
1322 The private vendor shall provide an emergency plan to address
1323 inmate disturbances, employee work stoppages, strikes, or other
1324 serious events in accordance with standards of the American
1325 Correctional Association.
1326 Section 31. Subsection (1) of section 944.717, Florida
1327 Statutes, is amended to read:
1328 944.717 Conflicts of interest.—
1329 (1) An employee of the department or any governmental
1330 entity that exercises any functions or responsibilities in the
1331 review or approval of a contractor-operated private correctional
1332 facility contract or the operation of a contractor-operated
1333 private correctional facility, or a member of the immediate
1334 family of any such person, may not solicit or accept, directly
1335 or indirectly, any personal benefit or promise of a benefit from
1336 a bidder or private vendor.
1337 Section 32. Subsection (1) of section 944.718, Florida
1338 Statutes, is amended to read:
1339 944.718 Withdrawal of request for proposals.—
1340 (1) When soliciting proposals for the construction, lease,
1341 or operation of a contractor-operated private correctional
1342 facility, the department may reserve the right to withdraw the
1343 request for proposals at any time and for any reason. Receipt of
1344 proposal materials by the department or submission of a proposal
1345 to the department does not confer any rights upon the proposer
1346 or obligations upon the department.
1347 Section 33. Paragraphs (a) and (f) of subsection (1),
1348 subsection (3), and paragraph (b) of subsection (5) of section
1349 944.719, Florida Statutes, are amended to read:
1350 944.719 Adoption of rules, monitoring, and reporting.—
1351 (1) The department shall adopt rules pursuant to chapter
1352 120 specifying criteria for contractual arrangements and
1353 standards for the operation of correctional facilities by
1354 private vendors. Such rules shall define:
1355 (a) Various categories of contractor-operated private
1356 correctional facilities.
1357 (f) The characteristics of inmates to be incarcerated in
1358 contractor-operated private correctional facilities.
1359 (3) The private vendor shall provide a work area at the
1360 contractor-operated private correctional facility for use by the
1361 contract monitor appointed by the department and shall provide
1362 the monitor with access to all data, reports, and other
1363 materials that the monitor, the Auditor General, and the Office
1364 of Program Policy Analysis and Government Accountability
1365 determine are necessary to carry out monitoring and auditing
1366 responsibilities.
1367 (5) The Office of Program Policy Analysis and Government
1368 Accountability shall conduct a performance audit, including a
1369 review of the annual financial audit of the private entity and
1370 shall deliver a report to the Legislature by February 1 of the
1371 third year following any contract awarded by the department for
1372 the operation of a correctional facility by a private vendor.
1373 (b) In preparing the report, the office shall consider, in
1374 addition to other factors it determines are significant:
1375 1. The extent to which the private vendor and the
1376 department have complied with the terms of the contract and ss.
1377 944.710-944.719.
1378 2. The wages and benefits that are provided to the staff of
1379 the contractor-operated private correctional facility as
1380 compared to wages and benefits provided to employees of the
1381 department performing comparable tasks.
1382 Section 34. Subsection (1) of section 944.72, Florida
1383 Statutes, is amended to read:
1384 944.72 Contractor-operated Privately Operated Institutions
1385 Inmate Welfare Trust Fund.—
1386 (1) There is hereby created in the Department of
1387 Corrections the Contractor-operated Privately Operated
1388 Institutions Inmate Welfare Trust Fund. The purpose of the trust
1389 fund shall be the benefit and welfare of inmates incarcerated in
1390 contractor-operated private correctional facilities under
1391 contract with the department pursuant to this chapter or chapter
1392 957. Moneys shall be deposited in the trust fund and
1393 expenditures made from the trust fund as provided in s. 945.215.
1394 Section 35. Subsection (9) of section 944.801, Florida
1395 Statutes, is amended to read:
1396 944.801 Education for state prisoners.—
1397 (9) Notwithstanding s. 120.81(3), all inmates under 22
1398 years of age who qualify for special educational services and
1399 programs pursuant to the Individuals with Disabilities Education
1400 Act, 20 U.S.C. ss. 1400 et seq., and who request a due process
1401 hearing as provided by that act shall be entitled to such
1402 hearing before the Division of Administrative Hearings.
1403 Administrative law judges shall not be required to travel to
1404 state or contractor-operated private correctional institutions
1405 and facilities in order to conduct these hearings.
1406 Section 36. Subsections (1) and (3) of section 944.803,
1407 Florida Statutes, are amended to read:
1408 944.803 Faith- and character-based programs.—
1409 (1) The Legislature finds and declares that faith- and
1410 character-based programs offered in state and contractor
1411 operated private correctional institutions and facilities have
1412 the potential to facilitate inmate institutional adjustment,
1413 help inmates assume personal responsibility, and reduce
1414 recidivism.
1415 (3) It is the intent of the Legislature that the department
1416 and the private vendors operating contractor-operated private
1417 correctional facilities continuously:
1418 (a) Measure recidivism rates for inmates who have
1419 participated in faith- and character-based programs.
1420 (b) Increase the number of volunteers who minister to
1421 inmates from various faith-based and secular institutions in the
1422 community.
1423 (c) Develop community linkages with secular institutions as
1424 well as churches, synagogues, mosques, and other faith-based
1425 institutions to assist inmates in their release back into the
1426 community.
1427 Section 37. Paragraphs (a) and (b) of subsection (2) of
1428 section 945.10, Florida Statutes, are amended to read:
1429 945.10 Confidential information.—
1430 (2) The records and information specified in paragraphs
1431 (1)(a)-(i) may be released as follows unless expressly
1432 prohibited by federal law:
1433 (a) Information specified in paragraphs (1)(b), (d), and
1434 (f) to the Executive Office of the Governor, the Legislature,
1435 the Florida Commission on Offender Review, the Department of
1436 Children and Families, a contractor-operated private
1437 correctional facility or program that operates under a contract,
1438 the Department of Legal Affairs, a state attorney, the court, or
1439 a law enforcement agency. A request for records or information
1440 pursuant to this paragraph need not be in writing.
1441 (b) Information specified in paragraphs (1)(c), (e), and
1442 (i) to the Executive Office of the Governor, the Legislature,
1443 the Florida Commission on Offender Review, the Department of
1444 Children and Families, a contractor-operated private
1445 correctional facility or program that operates under contract,
1446 the Department of Legal Affairs, a state attorney, the court, or
1447 a law enforcement agency. A request for records or information
1448 pursuant to this paragraph must be in writing and a statement
1449 provided demonstrating a need for the records or information.
1450
1451 Records and information released under this subsection remain
1452 confidential and exempt from the provisions of s. 119.07(1) and
1453 s. 24(a), Art. I of the State Constitution when held by the
1454 receiving person or entity.
1455 Section 38. Subsection (3) of section 945.215, Florida
1456 Statutes, is amended to read:
1457 945.215 Inmate welfare and employee benefit trust funds.—
1458 (3) CONTRACTOR-OPERATED PRIVATELY OPERATED INSTITUTIONS
1459 INMATE WELFARE TRUST FUND; CONTRACTOR-OPERATED PRIVATE
1460 CORRECTIONAL FACILITIES.—
1461 (a) For purposes of this subsection, contractor-operated
1462 privately operated institutions or contractor-operated private
1463 correctional facilities are those correctional facilities under
1464 contract with the department pursuant to chapter 944 or chapter
1465 957.
1466 (b)1. The net proceeds derived from inmate canteens,
1467 vending machines used primarily by inmates, telephone
1468 commissions, and similar sources at contractor-operated private
1469 correctional facilities shall be deposited in the Contractor
1470 Operated Privately Operated Institutions Inmate Welfare Trust
1471 Fund.
1472 2. Funds in the Contractor-Operated Privately Operated
1473 Institutions Inmate Welfare Trust Fund shall be expended only
1474 pursuant to legislative appropriation.
1475 (c) The department shall annually compile a report that
1476 documents Contractor-Operated Privately Operated Institutions
1477 Inmate Welfare Trust Fund receipts and expenditures at each
1478 contractor-operated private correctional facility. This report
1479 must specifically identify receipt sources and expenditures. The
1480 department shall compile this report for the prior fiscal year
1481 and shall submit the report by September 1 of each year to the
1482 chairs of the appropriate substantive and fiscal committees of
1483 the Senate and House of Representatives and to the Executive
1484 Office of the Governor.
1485 Section 39. Subsections (2) and (3) of section 945.6041,
1486 Florida Statutes, are amended to read:
1487 945.6041 Inmate medical services.—
1488 (2) Compensation to a health care provider to provide
1489 inmate medical services may not exceed 110 percent of the
1490 Medicare allowable rate if the health care provider does not
1491 have a contract to provide services with the department or the
1492 contractor-operated private correctional facility, as defined in
1493 s. 944.710, which houses the inmate. However, compensation to a
1494 health care provider may not exceed 125 percent of the Medicare
1495 allowable rate if:
1496 (a) The health care provider does not have a contract to
1497 provide services with the department or the contractor-operated
1498 private correctional facility, as defined in s. 944.710, which
1499 houses the inmate; and
1500 (b) The health care provider reported a negative operating
1501 margin for the previous year to the Agency for Health Care
1502 Administration through hospital-audited financial data.
1503 (3) Compensation to an entity to provide emergency medical
1504 transportation services for inmates may not exceed 110 percent
1505 of the Medicare allowable rate if the entity does not have a
1506 contract with the department or a contractor-operated private
1507 correctional facility, as defined in s. 944.710, to provide the
1508 services.
1509 Section 40. Section 946.5025, Florida Statutes, is amended
1510 to read:
1511 946.5025 Authorization of corporation to enter into
1512 contracts.—The corporation established under this part may enter
1513 into contracts to operate correctional work programs with any
1514 county or municipal authority that operates a correctional
1515 facility or with a contractor authorized under chapter 944 or
1516 chapter 957 to operate a contractor-operated private
1517 correctional facility. The corporation has the same powers,
1518 privileges, and immunities in carrying out such contracts as it
1519 has under this chapter.
1520 Section 41. Subsections (5) and (6) of section 946.503,
1521 Florida Statutes, are amended to read:
1522 946.503 Definitions to be used with respect to correctional
1523 work programs.—As used in this part, the term:
1524 (5) “Inmate” means any person incarcerated within any
1525 state, county, municipal, or contractor-operated private
1526 correctional facility.
1527 (6) “Contractor-operated Private correctional facility”
1528 means a facility authorized by chapter 944 or chapter 957.
1529 Section 42. Subsection (6) of section 951.062, Florida
1530 Statutes, is amended to read:
1531 951.062 Contractual arrangements for operation and
1532 maintenance of county detention facilities.—
1533 (6) Contractor-employed Private correctional officers
1534 responsible for supervising inmates within the facility shall
1535 meet the requirements necessary for certification by the
1536 Criminal Justice Standards and Training Commission pursuant to
1537 s. 943.1395. However, expenses for such training shall be the
1538 responsibility of the private entity.
1539 Section 43. Section 951.063, Florida Statutes, is amended
1540 to read:
1541 951.063 Contractor-operated privately operated county
1542 correctional facilities.—Each contractor-employed private
1543 correctional officer employed by a private entity under contract
1544 to a county commission must be certified as a correctional
1545 officer under s. 943.1395 and must meet the minimum
1546 qualifications established in s. 943.13. The county shall
1547 provide to the Criminal Justice Standards and Training
1548 Commission all necessary fingerprints for Florida Department of
1549 Law Enforcement and Federal Bureau of Investigation background
1550 checks. The Criminal Justice Standards and Training Commission
1551 shall advise the county as to those employees whose
1552 certification has been denied or revoked. Neither the county nor
1553 the private entity shall be the direct recipient of criminal
1554 records.
1555 Section 44. Section 957.05, Florida Statutes, is amended to
1556 read:
1557 957.05 Requirements for contractors operating contractor
1558 operated private correctional facilities.—
1559 (1) Each contractor entering into a contract under this
1560 chapter is liable in tort with respect to the care and custody
1561 of inmates under its supervision and for any breach of contract.
1562 Sovereign immunity may not be raised by a contractor, or the
1563 insurer of that contractor on the contractor’s behalf, as a
1564 defense in any action arising out of the performance of any
1565 contract entered into under this chapter or as a defense in
1566 tort, or any other application, with respect to the care and
1567 custody of inmates under the contractor’s supervision and for
1568 any breach of contract.
1569 (2)(a) The training requirements, including inservice
1570 training requirements, for employees of a contractor that
1571 assumes the responsibility for the operation and maintenance of
1572 a contractor-operated private correctional facility must meet or
1573 exceed the requirements for similar employees of the department
1574 or the training requirements mandated for accreditation by the
1575 American Correctional Association, whichever of those
1576 requirements are the more demanding. All employee training
1577 expenses are the responsibility of the contractor.
1578 (b) Employees of a contractor who are responsible for the
1579 supervision of inmates shall have the same legal authority to
1580 rely on nondeadly and deadly force as do similar employees of
1581 the department.
1582 (3) Any contractor or person employed by a contractor
1583 operating a correctional or detention facility pursuant to a
1584 contract executed under this chapter shall be exempt from the
1585 requirements of chapter 493, relating to licensure of private
1586 investigators and security officers.
1587 Section 45. Subsection (2) of section 957.06, Florida
1588 Statutes, is amended to read:
1589 957.06 Powers and duties not delegable to contractor.—A
1590 contract entered into under this chapter does not authorize,
1591 allow, or imply a delegation of authority to the contractor to:
1592 (2) Choose the facility to which an inmate is initially
1593 assigned or subsequently transferred. The contractor may
1594 request, in writing, that an inmate be transferred to a facility
1595 operated by the department. The contractor and the department
1596 shall develop and implement a cooperative agreement for
1597 transferring inmates between a correctional facility operated by
1598 the department and a contractor-operated private correctional
1599 facility. The department and the contractor must comply with the
1600 cooperative agreement.
1601 Section 46. Section 957.08, Florida Statutes, is amended to
1602 read:
1603 957.08 Capacity requirements.—The department shall transfer
1604 and assign prisoners to each contractor-operated private
1605 correctional facility opened pursuant to this chapter in an
1606 amount not less than 90 percent or more than 100 percent of the
1607 capacity of the facility pursuant to the contract. The prisoners
1608 transferred by the department shall represent a cross-section of
1609 the general inmate population, based on the grade of custody or
1610 the offense of conviction, at the most comparable facility
1611 operated by the department.
1612 Section 47. Subsection (1) of section 957.09, Florida
1613 Statutes, is amended to read:
1614 957.09 Applicability of chapter to other provisions of
1615 law.—
1616 (1)(a) Any offense that if committed at a state
1617 correctional facility would be a crime is a crime if committed
1618 by or with regard to inmates at contractor-operated private
1619 correctional facilities operated pursuant to a contract entered
1620 into under this chapter.
1621 (b) All laws relating to commutation of sentences, release
1622 and parole eligibility, and the award of sentence credits apply
1623 to inmates incarcerated in a contractor-operated private
1624 correctional facility operated pursuant to a contract entered
1625 into under this chapter.
1626 Section 48. Section 957.13, Florida Statutes, is amended to
1627 read:
1628 957.13 Background checks.—
1629 (1) The Florida Department of Law Enforcement may accept
1630 fingerprints of individuals who apply for employment at a
1631 contractor-operated private correctional facility and who are
1632 required to have background checks under the provisions of this
1633 chapter.
1634 (2) The Florida Department of Law Enforcement may, to the
1635 extent provided for by federal law, provide for the exchange of
1636 state, multistate, and federal criminal history records of
1637 individuals who apply for employment at a contractor-operated
1638 private correctional facility for the purpose of conducting
1639 background checks as required by law or contract.
1640 Section 49. Section 957.14, Florida Statutes, is amended to
1641 read:
1642 957.14 Contract termination and control of a correctional
1643 facility by the department.—A detailed plan shall be provided by
1644 a private vendor under which the department shall assume
1645 temporary control of a contractor-operated private correctional
1646 facility upon termination of the contract. The department may
1647 terminate the contract with cause after written notice of
1648 material deficiencies and after 60 workdays in order to correct
1649 the material deficiencies. If any event occurs that involves the
1650 noncompliance with or violation of contract terms and that
1651 presents a serious threat to the safety, health, or security of
1652 the inmates, employees, or the public, the department may
1653 temporarily assume control of the contractor-operated private
1654 correctional facility. A plan shall also be provided by a
1655 private vendor for the purchase and temporary assumption of
1656 operations of a correctional facility by the department in the
1657 event of bankruptcy or the financial insolvency of the private
1658 vendor. The private vendor shall provide an emergency plan to
1659 address inmate disturbances, employee work stoppages, strikes,
1660 or other serious events in accordance with standards of the
1661 American Correctional Association.
1662 Section 50. Paragraph (p) of subsection (1) of section
1663 960.001, Florida Statutes, is amended to read:
1664 960.001 Guidelines for fair treatment of victims and
1665 witnesses in the criminal justice and juvenile justice systems.—
1666 (1) The Department of Legal Affairs, the state attorneys,
1667 the Department of Corrections, the Department of Juvenile
1668 Justice, the Florida Commission on Offender Review, the State
1669 Courts Administrator and circuit court administrators, the
1670 Department of Law Enforcement, and every sheriff’s department,
1671 police department, or other law enforcement agency as defined in
1672 s. 943.10(4) shall develop and implement guidelines for the use
1673 of their respective agencies, which guidelines are consistent
1674 with the purposes of this act and s. 16(b), Art. I of the State
1675 Constitution and are designed to implement s. 16(b), Art. I of
1676 the State Constitution and to achieve the following objectives:
1677 (p) Information concerning escape from a state correctional
1678 institution, county jail, juvenile detention facility, or
1679 residential commitment facility.—In any case where an offender
1680 escapes from a state correctional institution, contractor
1681 operated private correctional facility, county jail, juvenile
1682 detention facility, or residential commitment facility, the
1683 institution of confinement shall immediately notify the state
1684 attorney of the jurisdiction where the criminal charge or
1685 petition for delinquency arose and the judge who imposed the
1686 sentence of incarceration. The state attorney shall thereupon
1687 make every effort to notify the victim, material witness,
1688 parents or legal guardian of a minor who is a victim or witness,
1689 or immediate relatives of a homicide victim of the escapee. The
1690 state attorney shall also notify the sheriff of the county where
1691 the criminal charge or petition for delinquency arose. The
1692 sheriff shall offer assistance upon request. When an escaped
1693 offender is subsequently captured or is captured and returned to
1694 the institution of confinement, the institution of confinement
1695 shall again immediately notify the appropriate state attorney
1696 and sentencing judge pursuant to this section.
1697 Section 51. Paragraph (a) of subsection (3) of section
1698 985.481, Florida Statutes, is amended to read:
1699 985.481 Sexual offenders adjudicated delinquent;
1700 notification upon release.—
1701 (3)(a) The department shall provide information regarding
1702 any sexual offender who is being released after serving a period
1703 of residential commitment under the department for any offense,
1704 as follows:
1705 1. The department shall provide the sexual offender’s name,
1706 any change in the offender’s name by reason of marriage or other
1707 legal process, and any alias, if known; the correctional
1708 facility from which the sexual offender is released; the sexual
1709 offender’s social security number, race, sex, date of birth,
1710 height, weight, and hair and eye color; tattoos or other
1711 identifying marks; the make, model, color, vehicle
1712 identification number (VIN), and license tag number of all
1713 vehicles owned; address of any planned permanent residence or
1714 temporary residence, within the state or out of state, including
1715 a rural route address and a post office box; if no permanent or
1716 temporary address, any transient residence within the state;
1717 address, location or description, and dates of any known future
1718 temporary residence within the state or out of state; date and
1719 county of disposition and each crime for which there was a
1720 disposition; a copy of the offender’s fingerprints, palm prints,
1721 and a digitized photograph taken within 60 days before release;
1722 the date of release of the sexual offender; all home telephone
1723 numbers and cellular telephone numbers required to be provided
1724 pursuant to s. 943.0435(4)(e); all electronic mail addresses and
1725 Internet identifiers required to be provided pursuant to s.
1726 943.0435(4)(e); information about any professional licenses the
1727 offender has, if known; and passport information, if he or she
1728 has a passport, and, if he or she is an alien, information about
1729 documents establishing his or her immigration status. The
1730 department shall notify the Department of Law Enforcement if the
1731 sexual offender escapes, absconds, or dies. If the sexual
1732 offender is in the custody of a contractor-operated private
1733 correctional facility, the facility shall take the digitized
1734 photograph of the sexual offender within 60 days before the
1735 sexual offender’s release and also place it in the sexual
1736 offender’s file. If the sexual offender is in the custody of a
1737 local jail, the custodian of the local jail shall register the
1738 offender within 3 business days after intake of the offender for
1739 any reason and upon release, and shall notify the Department of
1740 Law Enforcement of the sexual offender’s release and provide to
1741 the Department of Law Enforcement the information specified in
1742 this subparagraph and any information specified in subparagraph
1743 2. which the Department of Law Enforcement requests.
1744 2. The department may provide any other information
1745 considered necessary, including criminal and delinquency
1746 records, when available.
1747 Section 52. Paragraph (h) of subsection (1), paragraph (a)
1748 of subsection (6), and subsection (12) of section 985.4815,
1749 Florida Statutes, are amended to read:
1750 985.4815 Notification to Department of Law Enforcement of
1751 information on juvenile sexual offenders.—
1752 (1) As used in this section, the term:
1753 (h) “Sexual offender” means a person who is in the care or
1754 custody or under the jurisdiction or supervision of the
1755 department or is in the custody of a contractor-operated private
1756 correctional facility and who:
1757 1. Has been adjudicated delinquent as provided in s.
1758 943.0435(1)(h)1.d.; or
1759 2. Establishes or maintains a residence in this state and
1760 has not been designated as a sexual predator by a court of this
1761 state but has been designated as a sexual predator, as a
1762 sexually violent predator, or by another sexual offender
1763 designation in another state or jurisdiction and was, as a
1764 result of such designation, subjected to registration or
1765 community or public notification, or both, or would be if the
1766 person were a resident of that state or jurisdiction, without
1767 regard to whether the person otherwise meets the criteria for
1768 registration as a sexual offender.
1769 (6)(a) The information provided to the Department of Law
1770 Enforcement must include the following:
1771 1. The information obtained from the sexual offender under
1772 subsection (4).
1773 2. The sexual offender’s most current address and place of
1774 permanent, temporary, or transient residence within the state or
1775 out of state, and address, location or description, and dates of
1776 any current or known future temporary residence within the state
1777 or out of state, while the sexual offender is in the care or
1778 custody or under the jurisdiction or supervision of the
1779 department in this state, including the name of the county or
1780 municipality in which the offender permanently or temporarily
1781 resides, or has a transient residence, and address, location or
1782 description, and dates of any current or known future temporary
1783 residence within the state or out of state; and, if known, the
1784 intended place of permanent, temporary, or transient residence,
1785 and address, location or description, and dates of any current
1786 or known future temporary residence within the state or out of
1787 state upon satisfaction of all sanctions.
1788 3. The legal status of the sexual offender and the
1789 scheduled termination date of that legal status.
1790 4. The location of, and local telephone number for, any
1791 department office that is responsible for supervising the sexual
1792 offender.
1793 5. An indication of whether the victim of the offense that
1794 resulted in the offender’s status as a sexual offender was a
1795 minor.
1796 6. The offense or offenses at adjudication and disposition
1797 that resulted in the determination of the offender’s status as a
1798 sex offender.
1799 7. A digitized photograph of the sexual offender, which
1800 must have been taken within 60 days before the offender was
1801 released from the custody of the department or a contractor
1802 operated private correctional facility by expiration of sentence
1803 under s. 944.275, or within 60 days after the onset of the
1804 department’s supervision of any sexual offender who is on
1805 probation, postcommitment probation, residential commitment,
1806 nonresidential commitment, licensed child-caring commitment,
1807 community control, conditional release, parole, provisional
1808 release, or control release or who is supervised by the
1809 department under the Interstate Compact Agreement for
1810 Probationers and Parolees. If the sexual offender is in the
1811 custody of a contractor-operated private correctional facility,
1812 the facility shall take a digitized photograph of the sexual
1813 offender within the time period provided in this subparagraph
1814 and shall provide the photograph to the department.
1815 (12) Any person who has reason to believe that a sexual
1816 offender is not complying, or has not complied, with the
1817 requirements of this section and who, with the intent to assist
1818 the sexual offender in eluding a law enforcement agency that is
1819 seeking to find the sexual offender to question the sexual
1820 offender about, or to arrest the sexual offender for, his or her
1821 noncompliance with the requirements of this section:
1822 (a) Withholds information from, or does not notify, the law
1823 enforcement agency about the sexual offender’s noncompliance
1824 with the requirements of this section and, if known, the
1825 whereabouts of the sexual offender;
1826 (b) Harbors, attempts to harbor, or assists another person
1827 in harboring or attempting to harbor the sexual offender;
1828 (c) Conceals, attempts to conceal, or assists another
1829 person in concealing or attempting to conceal the sexual
1830 offender; or
1831 (d) Provides information to the law enforcement agency
1832 regarding the sexual offender that the person knows to be false
1833
1834 commits a felony of the third degree, punishable as provided in
1835 s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1836 apply if the sexual offender is incarcerated in or is in the
1837 custody of a state correctional facility, a contractor-operated
1838 private correctional facility, a local jail, or a federal
1839 correctional facility.
1840 Section 53. This act shall take effect July 1, 2024.
1841
1842 ================= T I T L E A M E N D M E N T ================
1843 And the title is amended as follows:
1844 Delete everything before the enacting clause
1845 and insert:
1846 A bill to be entitled
1847 An act relating to Department of Corrections; amending
1848 s. 944.31, F.S.; providing additional authority for
1849 law enforcement officers of the office of the
1850 inspector general concerning department and
1851 contractor-operated correctional facilities; amending
1852 s. 957.04, F.S.; providing that correctional
1853 privatization contracts are not exempt from specified
1854 state contracting provisions unless otherwise
1855 specified; providing construction; conforming
1856 provisions to changes made by the act; amending s.
1857 944.710, F.S.; renaming the term “private correctional
1858 facility” as “contractor-operated correctional
1859 facility”; renaming the term “private correctional
1860 officer” as “contractor-employed correctional
1861 officer”; conforming provisions to changes made by the
1862 act; amending s. 957.07, F.S.; revising terminology;
1863 deleting provisions concerning development of
1864 consensus per diem rates by the Prison Per-Diem
1865 Workgroup; conforming a provision to changes made by
1866 the act; amending s. 957.12, F.S.; revising provisions
1867 concerning contact with the department by specified
1868 persons; conforming a provision to changes made by the
1869 act; amending s. 957.15, F.S.; deleting a provision
1870 concerning department control over certain funds
1871 appropriated for contractor-operated correctional
1872 facilities; conforming a provision to changes made by
1873 the act; amending ss. 330.41, 553.865, 633.218,
1874 775.21, 775.261, 784.078, 800.09, 943.0435, 943.13,
1875 943.325, 944.105, 944.151, 944.17, 944.35, 944.40,
1876 944.605, 944.606, 944.607, 944.608, 944.609, 944.7031,
1877 944.714, 944.715, 944.716, 944.717, 944.718, 944.719,
1878 944.72, 944.801, 944.803, 945.10, 945.215, 945.6041,
1879 946.5025, 946.503, 951.062, 951.063, 957.05, 957.06,
1880 957.08, 957.09, 957.13, 957.14, 960.001, 985.481, and
1881 985.4815, F.S.; conforming provisions to changes made
1882 by the act; providing an effective date.