Senate Bill 1268

Senate Bill sb1268c1

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    Florida Senate - 2004                           CS for SB 1268

    By the Committee on Appropriations; and Senator Clary





    309-2358-04

  1                      A bill to be entitled

  2         An act relating to the operational authority

  3         for state correctional facilities; amending s.

  4         20.315, F.S., relating to the Florida

  5         Corrections Commission; requiring the

  6         commission to resolve certain disputes between

  7         the Department of Corrections and a contractor;

  8         deleting obsolete provisions concerning the

  9         staff of the commission; amending s. 287.042,

10         F.S.; authorizing the Department of Management

11         Services to enter into certain contracts,

12         acquire contractual rights and obligations, and

13         manage and enforce compliance with contracts of

14         the Correctional Privatization Commission;

15         amending s. 394.9151, F.S.; authorizing the

16         Department of Children and Family Services to

17         contract with the Department of Management

18         Services for the operation of facilities for

19         sexually violent predators; amending s. 943.13,

20         F.S., relating to the qualifications for

21         correctional officers; conforming provisions to

22         changes made by the act; amending ss. 944.02,

23         944.115, 944.72, 944.8041, and 945.215, F.S.,

24         relating to the state correctional system;

25         requiring the Department of Management Services

26         to assume the duties and responsibilities of

27         the Correctional Privatization Commission;

28         amending s. 957.01, F.S.; redesignating ch.

29         957, F.S., as the "Correctional Privatization

30         Act"; amending ss. 957.02, 957.04, 957.06,

31         957.07, 957.08, 957.13, 957.14, 957.15, and

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 1         957.16, F.S., and repealing s. 957.03, F.S.;

 2         providing contract requirements for the

 3         Department of Management Services with respect

 4         to the operation of private correctional

 5         facilities; specifying duties of the Florida

 6         Corrections Commission; providing for the

 7         Department of Management Services to be the

 8         successor agency to the Correctional

 9         Privatization Commission with respect to

10         contracts under ch. 957, F.S., which are in

11         effect on a specified date; requiring certain

12         cooperative agreements between the Department

13         of Management Services, contractors, and the

14         Department of Corrections; specifying duties of

15         the Department of Management Services with

16         respect to the operation, maintenance, and

17         lease-purchase of private correctional

18         facilities and contract termination; providing

19         for the modification and execution of

20         agreements with contractors to conform to

21         changes made by the act; providing an effective

22         date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Paragraphs (b) and (e) of subsections (6)

27  of section 20.315, Florida Statutes, are amended to read:

28         20.315  Department of Corrections.--There is created a

29  Department of Corrections.

30         (6)  FLORIDA CORRECTIONS COMMISSION.--

31         (b)  The primary functions of the commission are to:

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 1         1.  Recommend major correctional policies for the

 2  Governor's approval, and assure that approved policies and any

 3  revisions thereto are properly executed.

 4         2.  Periodically review the status of the state

 5  correctional system and recommend improvements therein to the

 6  Governor and the Legislature.

 7         3.  Annually perform an in-depth review of

 8  community-based intermediate sanctions and recommend to the

 9  Governor and the Legislature intergovernmental approaches

10  through the Community Corrections Partnership Act for planning

11  and implementing such sanctions and programs.

12         4.  Perform an in-depth evaluation of the annual budget

13  request of the Department of Corrections, the comprehensive

14  correctional master plan, and the tentative construction

15  program for compliance with all applicable laws and

16  established departmental policies. The commission may not

17  consider individual construction projects, but shall consider

18  methods of accomplishing the department's goals in the most

19  effective, efficient, and businesslike manner.

20         5.  Routinely monitor the financial status of the

21  Department of Corrections to assure that the department is

22  managing revenue and any applicable bond proceeds responsibly

23  and in accordance with law and established policy.

24         6.  Evaluate, at least quarterly, the efficiency,

25  productivity, and management of the Department of Corrections,

26  using performance and production standards developed by the

27  department under former subsection (18).

28         7.  Provide public education on corrections and

29  criminal justice issues.

30  

31  

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 1         8.  Report to the President of the Senate, the Speaker

 2  of the House of Representatives, and the Governor by November

 3  1 of each year.

 4         9.  Resolved disputes between the Department of

 5  Corrections and the contractors for the private correctional

 6  facilities entered into under chapter 957 when a contractor

 7  proposes to waive a rule, policy, or procedure concerning

 8  operation standards.

 9         (e)  The commission shall appoint an executive director

10  and an assistant executive director, who shall serve under the

11  direction, supervision, and control of the commission. The

12  executive director, with the consent of the commission, shall

13  employ such staff as are necessary to perform adequately the

14  functions of the commission, within budgetary limitations. All

15  employees of the commission are exempt from part II of chapter

16  110 and serve at the pleasure of the commission. The salaries

17  and benefits of all employees of the commission shall be set

18  in accordance with the Selected Exempt Service rules; however,

19  the commission shall have complete authority for fixing the

20  salaries of the executive director and the assistant executive

21  director. The executive director and staff of the Task Force

22  for Review of the Criminal Justice and Corrections System,

23  created under chapter 93-404, Laws of Florida, shall serve as

24  the staff for the commission until the commission hires an

25  executive director.

26         Section 2.  Subsection (17) is added to section

27  287.042, Florida Statutes, to read:

28         287.042  Powers, duties, and functions.--The department

29  shall have the following powers, duties, and functions:

30         (17)(a)  To enter into contracts pursuant to chapter

31  957, and to acquire the contractual rights and assume the

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 1  contractual obligations of the Correctional Privatization

 2  Commission in contracts previously entered into pursuant to

 3  chapter 957, for the designing, financing, acquiring, leasing,

 4  constructing, or operating of private correctional facilities.

 5  The department shall enter into a contract or contracts with

 6  one contractor per facility for the designing, acquiring,

 7  financing, leasing, constructing, and operating of that

 8  facility or may, if specifically authorized by the

 9  Legislature, separately contract for any such services.

10         (b)  To manage and enforce compliance with existing or

11  future contracts entered into pursuant to chapter 957.

12  

13  The department may not delegate the responsibilities conferred

14  by this subsection.

15         Section 3.  Section 394.9151, Florida Statutes, is

16  amended to read:

17         394.9151  Contract authority.--The Department of

18  Children and Family Services may contract with a private

19  entity or state agency for use of and operation of facilities

20  to comply with the requirements of this act. The Department of

21  Children and Family Services may also contract with the

22  Department of Management Services Correctional Privatization

23  Commission as defined in chapter 957 to issue a request for

24  proposals and monitor contract compliance for these services.

25         Section 4.  Section 943.13, Florida Statutes, is

26  amended to read:

27         943.13  Officers' minimum qualifications for employment

28  or appointment.--On or after October 1, 1984, any person

29  employed or appointed as a full-time, part-time, or auxiliary

30  law enforcement officer or correctional officer; on or after

31  October 1, 1986, any person employed as a full-time,

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 1  part-time, or auxiliary correctional probation officer; and on

 2  or after October 1, 1986, any person employed as a full-time,

 3  part-time, or auxiliary correctional officer by a private

 4  entity under contract to the Department of Corrections, to a

 5  county commission, or to the Department of Management Services

 6  Correctional Privatization Commission shall:

 7         (1)  Be at least 19 years of age.

 8         (2)  Be a citizen of the United States, notwithstanding

 9  any law of the state to the contrary.

10         (3)  Be a high school graduate or its "equivalent" as

11  the commission has defined the term by rule.

12         (4)  Not have been convicted of any felony or of a

13  misdemeanor involving perjury or a false statement, or have

14  received a dishonorable discharge from any of the Armed Forces

15  of the United States. Any person who, after July 1, 1981,

16  pleads guilty or nolo contendere to or is found guilty of any

17  felony or of a misdemeanor involving perjury or a false

18  statement is not eligible for employment or appointment as an

19  officer, notwithstanding suspension of sentence or withholding

20  of adjudication. Notwithstanding this subsection, any person

21  who has pled nolo contendere to a misdemeanor involving a

22  false statement, prior to December 1, 1985, and has had such

23  record sealed or expunged shall not be deemed ineligible for

24  employment or appointment as an officer.

25         (5)  Have documentation of his or her processed

26  fingerprints on file with the employing agency or, if a

27  private correctional officer, have documentation of his or her

28  processed fingerprints on file with the Department of

29  Corrections or the Criminal Justice Standards and Training

30  Commission. If administrative delays are caused by the

31  department or the Federal Bureau of Investigation and the

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 1  person has complied with subsections (1)-(4) and (6)-(9), he

 2  or she may be employed or appointed for a period not to exceed

 3  1 calendar year from the date he or she was employed or

 4  appointed or until return of the processed fingerprints

 5  documenting noncompliance with subsections (1)-(4) or

 6  subsection (7), whichever occurs first.

 7         (6)  Have passed a physical examination by a licensed

 8  physician or physician assistant, based on specifications

 9  established by the commission.

10         (7)  Have a good moral character as determined by a

11  background investigation under procedures established by the

12  commission.

13         (8)  Execute and submit to the employing agency or, if

14  a private correctional officer, submit to the appropriate

15  governmental entity an affidavit-of-applicant form, adopted by

16  the commission, attesting to his or her compliance with

17  subsections (1)-(7). The affidavit shall be executed under

18  oath and constitutes an official statement within the purview

19  of s. 837.06. The affidavit shall include conspicuous language

20  that the intentional false execution of the affidavit

21  constitutes a misdemeanor of the second degree. The affidavit

22  shall be retained by the employing agency.

23         (9)  Complete a commission-approved basic recruit

24  training program for the applicable criminal justice

25  discipline, unless exempt under this subsection. An applicant

26  who has:

27         (a)  Completed a comparable basic recruit training

28  program for the applicable criminal justice discipline in

29  another state or for the Federal Government; and

30         (b)  Served as a full-time sworn officer in another

31  state or for the Federal Government for at least 1 year

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 1  provided there is no more than an 8-year break in employment,

 2  as measured from the separation date of the most recent

 3  qualifying employment to the time a complete application is

 4  submitted for an exemption under this section,

 5  

 6  is exempt in accordance with s. 943.131(2) from completing the

 7  commission-approved basic recruit training program.

 8         (10)  Achieve an acceptable score on the officer

 9  certification examination for the applicable criminal justice

10  discipline.

11         (11)  Comply with the continuing training or education

12  requirements of s. 943.135.

13         Section 5.  Subsection (4) of section 944.02, Florida

14  Statutes, is amended to read:

15         944.02  Definitions.--The following words and phrases

16  used in this chapter shall, unless the context clearly

17  indicates otherwise, have the following meanings:

18         (4)  "Elderly offender" means a prisoner age 50 or

19  older in a state correctional institution or facility operated

20  by the Department of Corrections or the Department of

21  Management Services Correctional Privatization Commission.

22         Section 6.  Subsection (1) and paragraph (b) of

23  subsection (2) of section 944.115, Florida Statutes, are

24  amended to read:

25         944.115  Smoking prohibited inside state correctional

26  facilities.--

27         (1)  The purpose of this section is to protect the

28  health, comfort, and environment of employees of the

29  Department of Corrections, employees of privately operated

30  correctional facilities, employees of the Correctional

31  Privatization Commission, and inmates by prohibiting inmates

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 1  from using tobacco products inside any office or building

 2  within state correctional facilities, and by ensuring that

 3  employees and visitors do not use tobacco products inside any

 4  office or building within state correctional facilities.

 5  Scientific evidence links the use of tobacco products with

 6  numerous significant health risks. The use of tobacco products

 7  by inmates, employees, or visitors is contrary to efforts by

 8  the Department of Corrections to reduce the cost of inmate

 9  health care and to limit unnecessary litigation. The

10  Department of Corrections and the private vendors operating

11  correctional facilities shall make smoking-cessation

12  assistance available to inmates in order to implement this

13  section. The Department of Corrections and the private vendors

14  operating correctional facilities shall implement this section

15  as soon as possible, and all provisions of this section must

16  be fully implemented by January 1, 2000.

17         (2)  As used in this section, the term:

18         (b)  "Employee" means an employee of the department or

19  a private vendor in a contractual relationship with either the

20  Department of Corrections or the Department of Management

21  Services Correctional Privatization Commission, and includes

22  persons such as contractors, volunteers, or law enforcement

23  officers who are within a state correctional facility to

24  perform a professional service.

25         Section 7.  Subsection (1) of section 944.72, Florida

26  Statutes, is amended to read:

27         944.72  Privately Operated Institutions Inmate Welfare

28  Trust Fund.--

29         (1)  There is hereby created in the Department of

30  Corrections the Privately Operated Institutions Inmate Welfare

31  Trust Fund. The purpose of the trust fund shall be the benefit

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 1  and welfare of inmates incarcerated in private correctional

 2  facilities under contract with the department pursuant to

 3  chapter 944 or the Department of Management Services

 4  Correctional Privatization Commission pursuant to chapter 957.

 5  Moneys shall be deposited in the trust fund and expenditures

 6  made from the trust fund as provided in s. 945.215.

 7         Section 8.  Section 944.8041, Florida Statutes, is

 8  amended to read:

 9         944.8041  Elderly offenders; annual review.--For the

10  purpose of providing information to the Legislature on elderly

11  offenders within the correctional system, the Florida

12  Corrections Commission and the Correctional Medical Authority

13  shall each submit annually a report on the status and

14  treatment of elderly offenders in the state-administered and

15  private state correctional systems, as well as such

16  information on the River Junction Correctional Institution.

17  In order to adequately prepare the reports, the Department of

18  Corrections and the Department of Management Services

19  Correctional Privatization Commission shall grant access to

20  the Florida Corrections Commission and the Correctional

21  Medical Authority which includes access to the facilities,

22  offenders, and any information the agencies require to

23  complete their reports.  The review shall also include an

24  examination of promising geriatric policies, practices, and

25  programs currently implemented in other correctional systems

26  within the United States.  The reports, with specific findings

27  and recommendations for implementation, shall be submitted to

28  the President of the Senate and the Speaker of the House of

29  Representatives on or before December 31 of each year.

30         Section 9.  Paragraphs (a) and (c) of subsection (2) of

31  section 945.215, Florida Statutes, are amended to read:

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 1         945.215  Inmate welfare and employee benefit trust

 2  funds.--

 3         (2)  PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE

 4  TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.--

 5         (a)  For purposes of this subsection, privately

 6  operated institutions or private correctional facilities are

 7  those correctional facilities under contract with the

 8  department pursuant to chapter 944 or the Department of

 9  Management Services Correctional Privatization Commission

10  pursuant to chapter 957.

11         (c)  The Department of Management Services Correctional

12  Privatization Commission shall annually compile a report that

13  documents Privately Operated Institutions Inmate Welfare Trust

14  Fund receipts and expenditures at each private correctional

15  facility. This report must specifically identify receipt

16  sources and expenditures. The Department of Management

17  Services Correctional Privatization Commission shall compile

18  this report for the prior fiscal year and shall submit the

19  report by September 1 of each year to the chairs of the

20  appropriate substantive and fiscal committees of the Senate

21  and House of Representatives and to the Executive Office of

22  the Governor.

23         Section 10.  Section 957.01, Florida Statutes, is

24  amended to read:

25         957.01  Short title.--This chapter may be cited as the

26  "Correctional Privatization Commission Act."

27         Section 11.  Section 957.02, Florida Statutes, is

28  amended to read:

29         957.02  Definitions.--As used in this chapter,:

30         (1)  "Commission" means the Correctional Privatization

31  Commission.

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 1         (2)  "department" means the Department of Corrections.

 2         Section 12.  Section 957.03, Florida Statutes, is

 3  repealed.

 4         Section 13.  Section 957.04, Florida Statutes, is

 5  amended to read:

 6         957.04  Contract requirements.--

 7         (1)  A contract entered into under this chapter for the

 8  operation of private correctional facilities shall maximize

 9  the cost savings of such facilities and shall:

10         (a)  Be negotiated with the firm found most qualified.

11  However, a contract for private correctional services may not

12  be entered into by the Department of Management Services

13  commission unless the Department of Management Services

14  commission determines that the contractor has demonstrated

15  that it has:

16         1.  The qualifications, experience, and management

17  personnel necessary to carry out the terms of the contract.

18         2.  The ability to expedite the siting, design, and

19  construction of correctional facilities.

20         3.  The ability to comply with applicable laws, court

21  orders, and national correctional standards.

22         (b)  Indemnify the state and the department, including

23  their officials and agents, against any and all liability,

24  including, but not limited to, civil rights liability.  Proof

25  of satisfactory insurance is required in an amount to be

26  determined by the Department of Management Services

27  commission, following consultation with the Division of Risk

28  Management of the Department of Financial Services.  Not less

29  than 30 days prior to the release of each request for

30  proposals by the commission, the commission shall request the

31  written recommendation of the division regarding

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 1  indemnification of the state and the department under this

 2  paragraph.  Within 15 days after such request, the division

 3  shall provide a written recommendation to the commission

 4  regarding the amount and manner of such indemnification.  The

 5  commission shall adopt the division's recommendation unless,

 6  based on substantial competent evidence, the commission

 7  determines a different amount and manner of indemnification is

 8  sufficient.

 9         (c)  Require that the contractor seek, obtain, and

10  maintain accreditation by the American Correctional

11  Association for the facility under that contract.  Compliance

12  with amendments to the accreditation standards of the

13  association is required upon the approval of such amendments

14  by the commission.

15         (d)  Require that the proposed facilities and the

16  management plans for the inmates meet applicable American

17  Correctional Association standards and the requirements of all

18  applicable court orders and state law.

19         (e)  Establish operations standards for correctional

20  facilities subject to the contract. However, if the department

21  and the contractor disagree with an operations standard, the

22  contractor The commission may propose to waive any rule,

23  policy, or procedure of the department related to the

24  operations standards of correctional facilities which is that

25  are inconsistent with the mission of the contractor commission

26  to establish cost-effective, privately operated correctional

27  facilities. The Florida Corrections Commission shall be

28  responsible for considering all proposals from the contractor

29  to waive any rule, policy, or procedure and shall render a

30  final decision granting or denying such request.

31  

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 1         (f)  Require the contractor to be responsible for a

 2  range of dental, medical, and psychological services; diet;

 3  education; and work programs at least equal to those provided

 4  by the department in comparable facilities. The work and

 5  education programs must be designed to reduce recidivism, and

 6  include opportunities to participate in such work programs as

 7  authorized pursuant to s. 946.523.

 8         (g)  Require the selection and appointment of a

 9  full-time contract monitor. The contract monitor shall be

10  appointed and supervised by the Department of Management

11  Services commission. The contractor is required to reimburse

12  the Department of Management Services commission for the

13  salary and expenses of the contract monitor. It is the

14  obligation of the contractor to provide suitable office space

15  for the contract monitor at the correctional facility. The

16  contract monitor shall have unlimited access to the

17  correctional facility.

18         (h)  Be for a period of 3 years and may be renewed for

19  successive 2-year periods thereafter.  However, the state is

20  not obligated for any payments to the contractor beyond

21  current annual appropriations.

22         (2)  Each contract entered into for the design and

23  construction of a private correctional facility or juvenile

24  commitment facility must include:

25         (a)  Notwithstanding any provision of chapter 255 to

26  the contrary, a specific provision authorizing the use of

27  tax-exempt financing through the issuance of tax-exempt bonds,

28  certificates of participation, lease-purchase agreements, or

29  other tax-exempt financing methods.  Pursuant to s. 255.25,

30  approval is hereby provided for the lease-purchase of up to

31  

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 1  two private correctional facilities and any other facility

 2  authorized by the General Appropriations Act.

 3         (b)  A specific provision requiring the design and

 4  construction of the proposed facilities to meet the applicable

 5  standards of the American Correctional Association and the

 6  requirements of all applicable court orders and state law.

 7         (c)  A specific provision requiring the contractor, and

 8  not the Department of Management Services commission, to

 9  obtain the financing required to design and construct the

10  private correctional facility or juvenile commitment facility

11  built under this chapter.

12         (d)  A specific provision stating that the state is not

13  obligated for any payments that exceed the amount of the

14  current annual appropriation.

15         (3)(a)  Each contract for the designing, financing,

16  acquiring, leasing, constructing, and operating of a private

17  correctional facility shall be subject to ss. 255.2502 and

18  255.2503.

19         (b)  Each contract for the designing, financing,

20  acquiring, leasing, and constructing of a private juvenile

21  commitment facility shall be subject to ss. 255.2502 and

22  255.2503.

23         (4)  A contract entered into under this chapter does

24  not accord third-party beneficiary status to any inmate or

25  juvenile offender or to any member of the general public.

26         (5)  Each contract entered into by the Department of

27  Management Services commission must include substantial

28  minority participation unless demonstrated by evidence, after

29  a good faith effort, as impractical and must also include any

30  other requirements the Department of Management Services

31  

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 1  commission considers necessary and appropriate for carrying

 2  out the purposes of this chapter.

 3         (6)  Notwithstanding s. 253.025(7), the Board of

 4  Trustees of the Internal Improvement Trust Fund need not

 5  approve a lease-purchase agreement negotiated by the

 6  Department of Management Services commission if the Department

 7  of Management Services commission finds that there is a need

 8  to expedite the lease-purchase.

 9         (7)(a)  Notwithstanding s. 253.025 or s. 287.057,

10  whenever the Department of Management Services commission

11  finds it to be in the best interest of timely site

12  acquisition, it may contract without the need for competitive

13  selection with one or more appraisers whose names are

14  contained on the list of approved appraisers maintained by the

15  Division of State Lands of the Department of Environmental

16  Protection in accordance with s. 253.025(6)(b). In those

17  instances when the Department of Management Services

18  commission directly contracts for appraisal services, it shall

19  also contract with an approved appraiser who is not employed

20  by the same appraisal firm for review services.

21         (b)  Notwithstanding s. 253.025(6), the Department of

22  Management Services commission may negotiate and enter into

23  lease-purchase agreements before an appraisal is obtained. Any

24  such agreement must state that the final purchase price cannot

25  exceed the maximum value allowed by law.

26         (8)  The Department of Management Services shall be the

27  successor agency for the Correctional Privatization Commission

28  in all contracts entered into pursuant to this chapter which

29  are in effect on July 1, 2004. Buildings and other

30  improvements to real property which are financed under

31  paragraph (2)(a) and which are leased to the Correctional

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 1  Privatization Commission are considered to be owned by the

 2  Correctional Privatization Commission for the purposes of this

 3  section whereby the terms of the lease, the buildings, and

 4  other improvements will become the property of the state at

 5  the expiration of the lease. For any facility that is bid and

 6  built under the authority of requests for proposals made by

 7  the Correctional Privatization Commission between December

 8  1993 and October 1994 and that is operated by a private

 9  vendor, a payment in lieu of taxes, from funds appropriated

10  for the Correctional Privatization Commission, shall be paid

11  until the expiration of the lease to local taxing authorities

12  in the local government in which the facility is located in an

13  amount equal to the ad valorem taxes assessed by counties,

14  municipalities, school districts, and special districts.

15         Section 14.  Subsections (2) and (7) of section 957.06,

16  Florida Statutes, are amended to read:

17         957.06  Powers and duties not delegable to

18  contractor.--A contract entered into under this chapter does

19  not authorize, allow, or imply a delegation of authority to

20  the contractor to:

21         (2)  Choose the facility to which an inmate is

22  initially assigned or subsequently transferred. The contractor

23  may request, in writing, that an inmate be transferred to a

24  facility operated by the department. The Department of

25  Management Services commission, the contractor, and a

26  representative of the department shall develop and implement a

27  cooperative agreement for transferring inmates between a

28  correctional facility operated by the department and a private

29  correctional facility. The department, the Department of

30  Management Services commission, and the contractor must comply

31  with the cooperative agreement.

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    Florida Senate - 2004                           CS for SB 1268
    309-2358-04




 1         (7)  Develop and implement requirements that inmates

 2  engage in any type of work, except to the extent that those

 3  requirements are accepted by the commission.

 4         Section 15.  Subsection (1) and paragraph (d) of

 5  subsection (5) of section 957.07, Florida Statutes, are

 6  amended to read:

 7         957.07  Cost-saving requirements.--

 8         (1)  The Department of Management Services commission

 9  may not enter into a contract or series of contracts unless

10  the department commission determines that the contract or

11  series of contracts in total for the facility will result in a

12  cost savings to the state of at least 7 percent over the

13  public provision of a similar facility. Such cost savings as

14  determined by the Department of Management Services commission

15  must be based upon the actual costs associated with the

16  construction and operation of similar facilities or services

17  as determined by the Department of Corrections and certified

18  by the Auditor General. The Department of Corrections shall

19  calculate all of the cost components that determine the inmate

20  per diem in correctional facilities of a substantially similar

21  size, type, and location that are operated by the Department

22  of Corrections, including administrative costs associated with

23  central administration. Services that are provided to the

24  Department of Corrections by other governmental agencies at no

25  direct cost to the department shall be assigned an equivalent

26  cost and included in the per diem.

27         (5)

28         (d)  If a private vendor chooses not to renew the

29  contract at the appropriated level, the Department of

30  Management Services commission shall terminate the contract as

31  provided in s. 957.14.

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    Florida Senate - 2004                           CS for SB 1268
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 1         Section 16.  Section 957.08, Florida Statutes, is

 2  amended to read:

 3         957.08  Capacity requirements.--The Department of

 4  Corrections shall transfer and assign prisoners, at a rate to

 5  be determined by the commission, to each private correctional

 6  facility opened pursuant to this chapter in an amount not less

 7  than 90 percent or more than 100 percent of the capacity of

 8  the facility pursuant to the contract with the Department of

 9  Management Services commission.  The prisoners transferred by

10  the Department of Corrections shall represent a cross section

11  of the general inmate population, based on the grade of

12  custody or the offense of conviction, at the most comparable

13  facility operated by the department.

14         Section 17.  Subsection (2) of section 957.13, Florida

15  Statutes, is amended to read:

16         957.13  Background checks.--

17         (2)  The Florida Department of Law Enforcement may, to

18  the extent provided for by federal law, provide for the

19  exchange of state, multistate, and federal criminal history

20  records of individuals who apply for employment at a private

21  correctional facility with the Correctional Privatization

22  Commission for the purpose of conducting background checks as

23  required by law or contract the commission.

24         Section 18.  Section 957.14, Florida Statutes, is

25  amended to read:

26         957.14  Contract termination and control of a

27  correctional facility by the department.--A detailed plan

28  shall be provided by a private vendor under which the

29  department shall assume temporary control of a private

30  correctional facility upon termination of the contract. The

31  Department of Management Services commission may terminate the

                                  19

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    Florida Senate - 2004                           CS for SB 1268
    309-2358-04




 1  contract with cause after written notice of material

 2  deficiencies and after 60 workdays in order to correct the

 3  material deficiencies. If any event occurs that involves the

 4  noncompliance with or violation of contract terms and that

 5  presents a serious threat to the safety, health, or security

 6  of the inmates, employees, or the public, the department may

 7  temporarily assume control of the private correctional

 8  facility, with the approval of the Department of Management

 9  Services commission. A plan shall also be provided by a

10  private vendor for the purchase and temporary assumption of

11  operations of a correctional facility by the department in the

12  event of bankruptcy or the financial insolvency of the private

13  vendor. The private vendor shall provide an emergency plan to

14  address inmate disturbances, employee work stoppages, strikes,

15  or other serious events in accordance with standards of the

16  American Correctional Association.

17         Section 19.  Section 957.15, Florida Statutes, is

18  amended to read:

19         957.15  Funding of contracts for operation,

20  maintenance, and lease-purchase of private correctional

21  facilities.--The request for appropriation of funds to make

22  payments pursuant to contracts entered into by the Department

23  of Management Services commission for the operation,

24  maintenance, and lease-purchase of the private correctional

25  facilities authorized by this chapter shall be made by the

26  Department of Management Services commission in a request to

27  the department.  The department shall include such request in

28  its budget request to the Legislature as a separately

29  identified item and shall forward the request of the

30  Department of Management Services commission without change.

31  After an appropriation has been made by the Legislature to the

                                  20

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    Florida Senate - 2004                           CS for SB 1268
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 1  department for the private correctional facilities commission,

 2  the department shall have no authority over such funds other

 3  than to pay from such appropriation to the appropriate private

 4  vendor such amounts as are certified for payment by the

 5  Department of Management Services commission.

 6         Section 20.  Section 957.16, Florida Statutes, is

 7  amended to read:

 8         957.16  Expanding capacity.--The Department of

 9  Management Services commission is authorized to modify and

10  execute agreements with contractors to expand up to the total

11  capacity of contracted correctional facilities.  Total

12  capacity means the design capacity of all contracted

13  correctional facilities increased by one-half as described

14  under s. 944.023(1)(b). Any additional beds authorized under

15  this section must comply with the cost-saving requirements set

16  forth in s. 957.07. Any additional beds authorized as a result

17  of expanded capacity under this section are contingent upon

18  specified appropriations.

19         Section 21.  This act shall take effect July 1, 2004.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 1268

23                                 

24  The committee substitute differs from the original bill by:

25  (1) abolishing the Correctional Privatization Commission and
    transfering  its duties and responsibilities to the Department
26  of Management Services and the Florida Corrections Commission;
    and,
27  
    (2) requiring the Department of Management Services to monitor
28  and conduct the contractual responsibilities for the five
    privately operated correctional facilities in Florida.
29  

30  

31  

                                  21

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