Florida Senate - 2022 SB 216 By Senator Farmer 34-00136A-22 2022216__ 1 A bill to be entitled 2 An act relating to correctional privatization; 3 transferring the duties of the Department of 4 Management Services concerning private correctional 5 facilities to the Department of Corrections by a type 6 two transfer; creating s. 287.0832, F.S.; prohibiting 7 an agency from entering into or renewing a contract 8 with private correctional services after a specified 9 date; providing an exception; amending ss. 287.042, 10 330.41, 633.218, 784.078, 790.251, 800.09, 943.053, 11 943.133, 943.325, 944.023, 944.08, 944.105, 944.115, 12 944.17, 944.35, 945.215, 945.6041, 946.5025, 946.503, 13 957.04, 957.06, 957.07, 957.08, 957.14, 957.15, and 14 957.16, F.S.; conforming provisions to changes made by 15 the act; repealing s. 944.105, F.S., relating to 16 contractual arrangements with private entities for 17 operation and maintenance of correctional facilities 18 and supervision of inmates; repealing s. 944.7031, 19 F.S., relating to eligible inmates released from 20 private correctional facilities; repealing s. 944.710, 21 F.S., relating to definitions of terms relating to 22 private operation of state correctional facilities and 23 s. 944.105; repealing s. 944.72, F.S., relating to the 24 Privately Operated Institutions Inmate Welfare Trust 25 Fund; repealing s. 951.062, F.S., relating to 26 contractual arrangements for the operation and 27 maintenance of county detention facilities; providing 28 for future repeal of ch. 957, F.S., relating to 29 correctional privatization; providing for custody of 30 inmates after the expiration of correctional facility 31 contracts; providing effective dates. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1.All duties of the Department of Management 36 Services relating to private correctional facilities are 37 transferred by a type two transfer, as defined in s. 20.06(2), 38 Florida Statutes, from the Department of Management Services to 39 the Department of Corrections. Any binding contract or 40 interagency agreement entered into and between the Department of 41 Management Services concerning private correctional facilities 42 and any other agency, entity, or person continues as a binding 43 contract or agreement with the Department of Corrections for the 44 remainder of the term of such contract or agreement. 45 Section 2.Section 287.0832, Florida Statutes, is created 46 to read: 47 287.0832Prohibition on contracts for private correctional 48 services.On or after July 1, 2022, an agency may not bid on, 49 solicit proposals for, or enter into or renew a contract with a 50 private vendor for the construction, operation, or maintenance 51 of a private correctional facility. This section does not 52 prohibit an agency from managing or enforcing compliance with a 53 contract for private correctional services which was entered 54 into or renewed before July 1, 2022, for the duration of the 55 contract term. 56 Section 3.Subsection (17) of section 287.042, Florida 57 Statutes, is amended to read: 58 287.042Powers, duties, and functions.The department shall 59 have the following powers, duties, and functions: 60 (17)(a)To enter into contracts pursuant to chapter 957 for 61 the designing, financing, acquiring, leasing, constructing, or 62 operating of private correctional facilities. The department 63 shall enter into a contract or contracts with one contractor per 64 facility for the designing, acquiring, financing, leasing, 65 constructing, and operating of that facility or may, if 66 specifically authorized by the Legislature, separately contract 67 for any such services. 68 (b)To manage and enforce compliance with existing or 69 future contracts entered into before July 1, 2022, pursuant to 70 chapter 957. The department may not delegate the 71 responsibilities conferred by this subsection. 72 Section 4.Effective July 1, 2024, paragraph (a) of 73 subsection (2) of section 330.41, Florida Statutes, is amended 74 to read: 75 330.41Unmanned Aircraft Systems Act. 76 (2)DEFINITIONS.As used in this act, the term: 77 (a)Critical infrastructure facility means any of the 78 following, if completely enclosed by a fence or other physical 79 barrier that is obviously designed to exclude intruders, or if 80 clearly marked with a sign or signs which indicate that entry is 81 forbidden and which are posted on the property in a manner 82 reasonably likely to come to the attention of intruders: 83 1.An electrical power generation or transmission facility, 84 substation, switching station, or electrical control center. 85 2.A chemical or rubber manufacturing or storage facility. 86 3.A mining facility. 87 4.A natural gas or compressed gas compressor station, 88 storage facility, or natural gas or compressed gas pipeline. 89 5.A liquid natural gas or propane gas terminal or storage 90 facility with a capacity of 4,000 gallons or more. 91 6.Any portion of an aboveground oil or gas pipeline. 92 7.A wireless communications facility, including the tower, 93 antennae, support structures, and all associated ground-based 94 equipment. 95 8.A state correctional institution as defined in s. 944.02 96 or a private correctional facility authorized under chapter 957. 97 9.A secure detention center or facility, as defined in s. 98 985.03, or a nonsecure residential facility, a high-risk 99 residential facility, or a maximum-risk residential facility, as 100 those terms are described in s. 985.03(44). 101 10.A county detention facility, as defined in s. 951.23. 102 Section 5.Effective July 1, 2024, paragraph (e) of 103 subsection (1) of section 633.218, Florida Statutes, is amended 104 to read: 105 633.218Inspections of state buildings and premises; tests 106 of firesafety equipment; building plans to be approved. 107 (1) 108 (e)1.For purposes of this section,: 109 1.a.the term high-hazard occupancy means any building or 110 structure: 111 a.(I)That contains combustible or explosive matter or 112 flammable conditions dangerous to the safety of life or 113 property; 114 b.(II)At which persons receive educational instruction; 115 c.(III)At which persons reside, excluding private 116 dwellings; or 117 d.(IV)Containing three or more floor levels. 118 2.b.As used in this paragraph subparagraph, the phrase 119 building or structure: 120 a.(I)Includes, but is not limited to, all hospitals and 121 residential health care facilities, nursing homes and other 122 adult care facilities, correctional or detention facilities, 123 public schools, public lodging establishments, migrant labor 124 camps, residential child care facilities, and self-service 125 gasoline stations. 126 b.(II)Does not include any residential condominium where 127 the declaration of condominium or the bylaws provide that the 128 rental of units shall not be permitted for less than 90 days. 129 2.The term state-owned building includes private 130 correctional facilities as defined under s. 944.710(3). 131 Section 6.Effective July 1, 2024, subsection (1) of 132 section 784.078, Florida Statutes, is amended to read: 133 784.078Battery of facility employee by throwing, tossing, 134 or expelling certain fluids or materials. 135 (1)As used in this section, the term facility means a 136 state correctional institution defined in s. 944.02(8); a 137 private correctional facility defined in s. 944.710 or under 138 chapter 957; a county, municipal, or regional jail or other 139 detention facility of local government under chapter 950 or 140 chapter 951; or a secure facility operated and maintained by the 141 Department of Corrections or the Department of Juvenile Justice. 142 Section 7.Effective July 1, 2024, paragraph (b) of 143 subsection (7) of section 790.251, Florida Statutes, is amended 144 to read: 145 790.251Protection of the right to keep and bear arms in 146 motor vehicles for self-defense and other lawful purposes; 147 prohibited acts; duty of public and private employers; immunity 148 from liability; enforcement. 149 (7)EXCEPTIONS.The prohibitions in subsection (4) do not 150 apply to: 151 (b)Any correctional institution regulated under s. 944.47 152 or chapter 957. 153 Section 8.Effective July 1, 2024, paragraph (b) of 154 subsection (1) of section 800.09, Florida Statutes, is amended 155 to read: 156 800.09Lewd or lascivious exhibition in the presence of an 157 employee. 158 (1)As used in this section, the term: 159 (b)Facility means a state correctional institution as 160 defined in s. 944.02, a private correctional facility as defined 161 in s. 944.710, or a county detention facility as defined in s. 162 951.23. 163 Section 9.Effective July 1, 2024, subsection (9) of 164 section 943.053, Florida Statutes, is amended to read: 165 943.053Dissemination of criminal justice information; 166 fees. 167 (9)Notwithstanding s. 943.0525, and any user agreements 168 adopted pursuant thereto, and notwithstanding the 169 confidentiality of sealed records as provided for in s. 943.059 170 and juvenile records as provided for in paragraph (3)(b), the 171 Department of Corrections shall provide, in a timely manner, 172 copies of the Florida criminal history records for inmates 173 housed in a private state correctional facility to the private 174 entity under contract to operate the facility pursuant to former 175 s. 944.105. The department may assess a charge for the Florida 176 criminal history records pursuant to chapter 119. Sealed records 177 and confidential juvenile records received by the private entity 178 under this section remain confidential and exempt from s. 179 119.07(1). 180 Section 10.Effective July 1, 2024, subsection (4) of 181 section 943.133, Florida Statutes, is amended to read: 182 943.133Responsibilities of employing agency, commission, 183 and program with respect to compliance with employment 184 qualifications and the conduct of background investigations; 185 injunctive relief. 186 (4)When the employing agency is a private entity under 187 contract to the county or the state pursuant to s. 944.105, s. 188 951.062, or chapter 957, the contracting agency shall be 189 responsible for meeting the requirements of subsections (1), 190 (2), and (3). 191 Section 11.Effective July 1, 2024, paragraph (g) of 192 subsection (2) of section 943.325, Florida Statutes, is amended 193 to read: 194 943.325DNA database. 195 (2)DEFINITIONS.As used in this section, the term: 196 (g)Qualifying offender means any person, including 197 juveniles and adults, who is: 198 1.a.Committed to a county jail; 199 b.Committed to or under the supervision of the Department 200 of Corrections, including persons incarcerated in a private 201 correctional institution operated under contract pursuant to s. 202 944.105; 203 c.Committed to or under the supervision of the Department 204 of Juvenile Justice; 205 d.Transferred to this state under the Interstate Compact 206 on Juveniles, part XIII of chapter 985; or 207 e.Accepted under Article IV of the Interstate Corrections 208 Compact, part III of chapter 941; and who is: 209 2.a.Convicted of any felony offense or attempted felony 210 offense in this state or of a similar offense in another 211 jurisdiction; 212 b.Convicted of a misdemeanor violation of s. 784.048, s. 213 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 214 offense that was found, pursuant to s. 874.04, to have been 215 committed for the purpose of benefiting, promoting, or 216 furthering the interests of a criminal gang as defined in s. 217 874.03; or 218 c.Arrested for any felony offense or attempted felony 219 offense in this state. 220 Section 12.Effective July 1, 2024, paragraph (b) of 221 subsection (1) of section 944.023, Florida Statutes, is amended 222 to read: 223 944.023Comprehensive correctional master plan. 224 (1)As used in this section, the term: 225 (b)Total capacity of the state correctional system means 226 the total design capacity of all institutions and facilities in 227 the state correctional system, which may include those 228 facilities authorized and funded under chapter 957, increased by 229 one-half, with the following exceptions: 230 1.Medical and mental health beds must remain at design 231 capacity. 232 2.Community-based contracted beds must remain at design 233 capacity. 234 3.The one-inmate-per-cell requirement at Florida State 235 Prison and other maximum security facilities must be maintained 236 pursuant to paragraph (7)(a). 237 4.Community correctional centers and drug treatment 238 centers must be increased by one-third. 239 5.A housing unit may not exceed its maximum capacity 240 pursuant to paragraphs (7)(a) and (b). 241 6.A number of beds equal to 5 percent of total capacity 242 shall be deducted for management beds at institutions. 243 Section 13.Effective July 1, 2024, subsection (1) of 244 section 944.08, Florida Statutes, is amended to read: 245 944.08Commitment to custody of department; venue of 246 institutions. 247 (1)The words penitentiary, state prison, or state 248 prison farm, whenever the same are used in any of the laws of 249 this state, as a place of confinement or punishment for a crime, 250 shall be construed to mean and refer to the custody of the 251 Department of Corrections within the state correctional system, 252 which shall include facilities operated by private entities with 253 which the department enters into contracts pursuant to s. 254 944.105. 255 Section 14. Section 944.105, Florida Statutes, is amended 256 to read: 257 944.105Contractual arrangements with private entities for 258 operation and maintenance of correctional facilities and 259 supervision of inmates. 260 (1)The Department of Corrections is authorized to enter 261 into contracts with private vendors for the provision of the 262 operation and maintenance of correctional facilities and the 263 supervision of inmates. However, no such contract shall be 264 entered into or renewed unless: 265 (a)The contract offers a substantial savings to the 266 department, as determined by the department. In determining the 267 cost savings, the department, after consultation with the 268 Auditor General, shall calculate all the cost components that 269 contribute to the inmate per diem, including all administrative 270 costs associated with central and regional office 271 administration. Services which are provided to the department by 272 other government agencies without any direct cost to the 273 department shall be assigned an equivalent cost and included in 274 the per diem. The private firm shall be assessed the total 275 annual cost to the state of monitoring the contract; 276 (b)The contract provides for the same quality of services 277 as that offered by the department; and 278 (c)The Legislature has given specific appropriation for 279 the contract. 280 (2)Any private vendor who entered entering into a contract 281 with the department pursuant to this section before July 1, 282 2022, is shall be liable in tort with respect to the care and 283 custody of inmates under its supervision and for any breach of 284 contract with the department. 285 (2)(3)In the case of an inmates willful failure to remain 286 within the supervisory control of the private entity, such 287 action constitutes shall constitute an escape punishable as 288 provided in s. 944.40. 289 (3)(4)A private correctional officer may use force only 290 while on the grounds of a facility, while transporting inmates, 291 and while pursuing escapees from a facility. A private 292 correctional officer may use nondeadly force in the following 293 situations: 294 (a)To prevent the commission of a felony or a misdemeanor, 295 including escape. 296 (b)To defend oneself or others against physical assault. 297 (c)To prevent serious damage to property. 298 (d)To enforce institutional regulations and orders. 299 (e)To prevent or quell a riot. 300 301 Private correctional officers may carry and use firearms and may 302 use deadly force only as a last resort, and then only to prevent 303 an act that could result in death or serious bodily injury to 304 oneself or to another person. 305 (4)(5)Private correctional officers must shall be trained 306 in the use of force and the use of firearms and must shall be 307 trained at the private firms expense, at the facilities that 308 train correctional officers employed by the department. 309 (5)(6)Sections The provisions of ss. 216.311 and 287.057 310 shall apply to all contracts between the department and any 311 private vendor providing such services. The department shall 312 promulgate rules pursuant to chapter 120 specifying criteria for 313 such contractual arrangements. 314 (6)(7)The department shall require the certification of 315 private correctional officers at the private vendors expense 316 under s. 943.1395, and all such officers must meet the minimum 317 qualifications established in s. 943.13. All other employees of 318 the private vendor that perform their duties at the private 319 correctional facility shall receive, at a minimum, the same 320 quality and quantity of training as that required by the state 321 for employees of state-operated correctional facilities. All 322 training expenses are shall be the responsibility of the private 323 vendor. The department shall provide and receive be the 324 contributor and recipient of all criminal background information 325 necessary for certification by the Criminal Justice Standards 326 and Training Commission. 327 (7)(8)As used in this section, the term: 328 (a)Nondeadly force means force that normally would 329 neither cause death nor serious bodily injury. 330 (b)Deadly force means force which would likely cause 331 death or serious bodily injury. 332 Section 15.Effective July 1, 2024, subsections (1), (2), 333 and (5) of section 944.115, Florida Statutes, are amended to 334 read: 335 944.115Smoking prohibited inside state correctional 336 facilities. 337 (1)The purpose of this section is to protect the health, 338 comfort, and environment of employees of the Department of 339 Corrections, employees of privately operated correctional 340 facilities, and inmates by prohibiting inmates from using 341 tobacco products inside any office or building within state 342 correctional facilities, and by ensuring that employees and 343 visitors do not use tobacco products inside any office or 344 building within state correctional facilities. Scientific 345 evidence links the use of tobacco products with numerous 346 significant health risks. The use of tobacco products by 347 inmates, employees, or visitors is contrary to efforts by the 348 Department of Corrections to reduce the cost of inmate health 349 care and to limit unnecessary litigation. The Department of 350 Corrections and the private vendors operating correctional 351 facilities shall make available to inmates smoking-cessation 352 assistance available to inmates in order to implement this 353 section. 354 (2)As used in this section, the term: 355 (a)Department means the Department of Corrections. 356 (b)Employee means an employee of the department or a 357 private vendor in a contractual relationship with either the 358 Department of Corrections or the Department of Management 359 Services, and includes persons such as contractors, volunteers, 360 or law enforcement officers who are within a state correctional 361 facility to perform a professional service. 362 (c)State correctional facility means a state or 363 privately operated correctional institution as defined in s. 364 944.02, or a correctional institution or facility operated under 365 s. 944.105 or chapter 957. 366 (d)Tobacco products means items such as cigars, 367 cigarettes, snuff, loose tobacco, or similar goods made with any 368 part of the tobacco plant, which are prepared or used for 369 smoking, chewing, dipping, sniffing, or other personal use. 370 (e)Visitor means any person other than an inmate or 371 employee who is within a state correctional facility for a 372 lawful purpose and includes, but is not limited to, persons who 373 are authorized to visit state correctional institutions pursuant 374 to s. 944.23 and persons authorized to visit as prescribed by 375 departmental rule or vendor policy. 376 (f)Prohibited areas means any indoor areas of any 377 building, portable, or other enclosed structure within a state 378 correctional facility. The secretary of the department may, by 379 rule, designate other areas, including vehicles, as prohibited 380 areas to be regulated under this section. Neither employee 381 housing on the grounds of a state correctional facility nor 382 maximum security inmate housing areas may be designated as 383 prohibited areas under this section. 384 (5)The department may adopt rules to implement and 385 administer and the private vendors operating correctional 386 facilities may adopt policies and procedures for the 387 implementation of this section, to designate the designation of 388 prohibited areas and smoking areas, to impose disciplinary 389 action on inmates and employees and for the imposition of the 390 following penalties: 391 (a)Inmates who violate this section, and to penalize will 392 be subject to disciplinary action as provided by rule and in 393 accordance with this section. 394 (b)Employees who violate this section will be subject to 395 disciplinary action as provided by rule. 396 (c)visitors who violate this section, who are will be 397 subject to losing their authorization removal of authorization 398 to enter a correctional facility as provided by rule. 399 Section 16.Effective July 1, 2024, paragraph (b) of 400 subsection (3) of section 944.17, Florida Statutes, is amended 401 to read: 402 944.17Commitments and classification; transfers. 403 (3) 404 (b)Notwithstanding paragraph (a), any prisoner 405 incarcerated in the state correctional system or private 406 correctional facility operated pursuant to chapter 957 who is 407 convicted in circuit or county court of a crime committed during 408 that incarceration shall serve the sentence imposed for that 409 crime within the state correctional system regardless of the 410 length of sentence or classification of the offense. 411 Section 17.Effective July 1, 2024, paragraph (b) of 412 subsection (3) of section 944.35, Florida Statutes, is amended 413 to read: 414 944.35Authorized use of force; malicious battery and 415 sexual misconduct prohibited; reporting required; penalties. 416 (3) 417 (b)1.As used in this paragraph, the term sexual 418 misconduct means the oral, anal, or vaginal penetration by, or 419 union with, the sexual organ of another or the anal or vaginal 420 penetration of another by any other object, but does not include 421 an act done for a bona fide medical purpose or an internal 422 search conducted in the lawful performance of the employees 423 duty. 424 2.Any employee of the department or a private correctional 425 facility as defined in s. 944.710 who engages in sexual 426 misconduct with an inmate or an offender supervised by the 427 department in the community, without committing the crime of 428 sexual battery, commits a felony of the third degree, punishable 429 as provided in s. 775.082, s. 775.083, or s. 775.084. 430 3.The consent of the inmate or offender supervised by the 431 department in the community to any act of sexual misconduct may 432 not be raised as a defense to a prosecution under this 433 paragraph. 434 4.This paragraph does not apply to any employee of the 435 department or any employee of a private correctional facility 436 who is legally married to an inmate or an offender supervised by 437 the department in the community, nor does it apply to any 438 employee who has no knowledge, and would have no reason to 439 believe, that the person with whom the employee has engaged in 440 sexual misconduct is an inmate or an offender under community 441 supervision of the department. 442 Section 18.Paragraph (a) of subsection (3) of section 443 945.215, Florida Statutes, is amended to read: 444 945.215Inmate welfare and employee benefit trust funds. 445 (3)PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 446 FUND; PRIVATE CORRECTIONAL FACILITIES. 447 (a)For purposes of this subsection, privately operated 448 institutions or private correctional facilities are those 449 correctional facilities under contract with the department 450 pursuant to chapter 944 or the Department of Management Services 451 pursuant to chapter 957. 452 Section 19.Effective July 1, 2024, subsection (3) of 453 section 945.215, Florida Statutes, is amended to read: 454 945.215Inmate welfare and employee benefit trust funds. 455 (3)PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 456 FUND; PRIVATE CORRECTIONAL FACILITIES. 457 (a)For purposes of this subsection, privately operated 458 institutions or private correctional facilities are those 459 correctional facilities under contract with the department 460 pursuant to chapter 944 or the Department of Management Services 461 pursuant to chapter 957. 462 (b)1.The net proceeds derived from inmate canteens, 463 vending machines used primarily by inmates, telephone 464 commissions, and similar sources at private correctional 465 facilities shall be deposited in the Privately Operated 466 Institutions Inmate Welfare Trust Fund. 467 2.Funds in the Privately Operated Institutions Inmate 468 Welfare Trust Fund shall be expended only pursuant to 469 legislative appropriation. 470 (c)The Department of Management Services shall annually 471 compile a report that documents Privately Operated Institutions 472 Inmate Welfare Trust Fund receipts and expenditures at each 473 private correctional facility. This report must specifically 474 identify receipt sources and expenditures. The Department of 475 Management Services shall compile this report for the prior 476 fiscal year and shall submit the report by September 1 of each 477 year to the chairs of the appropriate substantive and fiscal 478 committees of the Senate and House of Representatives and to the 479 Executive Office of the Governor. 480 Section 20.Effective July 1, 2024, subsections (2) and (3) 481 of section 945.6041, Florida Statutes, are amended to read: 482 945.6041Inmate medical services. 483 (2)Compensation to a health care provider to provide 484 inmate medical services may not exceed 110 percent of the 485 Medicare allowable rate if the health care provider does not 486 have a contract to provide services with the department that or 487 the private correctional facility, as defined in s. 944.710, 488 which houses the inmate. However, compensation to a health care 489 provider may not exceed 125 percent of the Medicare allowable 490 rate if: 491 (a)The health care provider does not have a contract to 492 provide services with the department that or the private 493 correctional facility, as defined in s. 944.710, which houses 494 the inmate; and 495 (b)The health care provider reported a negative operating 496 margin for the previous year to the Agency for Health Care 497 Administration through hospital-audited financial data. 498 (3)Compensation to an entity to provide emergency medical 499 transportation services for inmates may not exceed 110 percent 500 of the Medicare allowable rate if the entity does not have a 501 contract with the department or a private correctional facility, 502 as defined in s. 944.710, to provide the services. 503 Section 21.Effective July 1, 2024, section 946.5025, 504 Florida Statutes, is amended to read: 505 946.5025Authorization of corporation to enter into 506 contracts.The corporation established under this part may enter 507 into contracts to operate correctional work programs with any 508 county or municipal authority that operates a correctional 509 facility or with a contractor authorized under chapter 944 or 510 chapter 957 to operate a private correctional facility. The 511 corporation has the same powers, privileges, and immunities in 512 carrying out such contracts as it has under this chapter. 513 Section 22.Effective July 1, 2024, subsections (5) and (6) 514 of section 946.503, Florida Statutes, are amended to read: 515 946.503Definitions to be used with respect to correctional 516 work programs.As used in this part, the term: 517 (5)Inmate means any person incarcerated within any 518 state, county, or municipal, or private correctional facility. 519 (6)Private correctional facility means a facility 520 authorized by chapter 944 or chapter 957. 521 Section 23.Paragraphs (a), (b), (e), and (g) of subsection 522 (1), paragraph (c) of subsection (2), and subsections (5), (6), 523 and (7) of section 957.04, Florida Statutes, are amended to 524 read: 525 957.04Contract requirements. 526 (1)A contract entered into under this chapter before July 527 1, 2022, for the operation of private correctional facilities 528 must shall maximize the cost savings of such facilities and must 529 shall: 530 (a)Be negotiated with the firm found most qualified. 531 However, a contract for private correctional services may not be 532 entered into by the department of Management Services unless the 533 department of Management Services determines that the contractor 534 has demonstrated that it has: 535 1.The qualifications, experience, and management personnel 536 necessary to carry out the terms of the contract. 537 2.The ability to expedite the siting, design, and 538 construction of correctional facilities. 539 3.The ability to comply with applicable laws, court 540 orders, and national correctional standards. 541 (b)Indemnify the state and the department, including their 542 officials and agents, against any and all liability, including, 543 but not limited to, civil rights liability. Proof of 544 satisfactory insurance is required in an amount to be determined 545 by the department of Management Services. 546 (e)Establish operations standards for correctional 547 facilities subject to the contract. However, if the department 548 and the contractor disagree with an operations standard, the 549 contractor may propose to waive any rule, policy, or procedure 550 of the department related to the operations standards of 551 correctional facilities which is inconsistent with the mission 552 of the contractor to establish cost-effective, privately 553 operated correctional facilities. The department is of 554 Management Services shall be responsible for considering all 555 proposals from the contractor to waive any rule, policy, or 556 procedure and shall render a final decision granting or denying 557 such request. 558 (g)Require the selection and appointment of a full-time 559 contract monitor. The contract monitor must shall be appointed 560 and supervised by the department of Management Services. The 561 contractor shall is required to reimburse the department of 562 Management Services for the salary and expenses of the contract 563 monitor. It is the obligation of the contractor to provide 564 suitable office space for the contract monitor at the 565 correctional facility. The contract monitor must be given shall 566 have unlimited access to the correctional facility. 567 (2)Each contract entered into for the design and 568 construction of a private correctional facility or juvenile 569 commitment facility must include: 570 (c)A specific provision requiring the contractor, and not 571 the department of Management Services, to obtain the financing 572 required to design and construct the private correctional 573 facility or juvenile commitment facility built under this 574 chapter. 575 (5)Each contract entered into by the department of 576 Management Services must include substantial minority 577 participation unless demonstrated by evidence, after a good 578 faith effort, as impractical and must also include any other 579 requirements the department of Management Services considers 580 necessary and appropriate for carrying out the purposes of this 581 chapter. 582 (6)Notwithstanding s. 253.025(9), the Board of Trustees of 583 the Internal Improvement Trust Fund need not approve a lease 584 purchase agreement negotiated by the department of Management 585 Services if the department of Management Services finds that 586 there is a need to expedite the lease-purchase. 587 (7)(a)Notwithstanding s. 253.025 or s. 287.057, whenever 588 the department of Management Services finds it to be in the best 589 interest of timely site acquisition, it may contract without the 590 need for competitive selection with one or more appraisers whose 591 names are contained on the list of approved appraisers 592 maintained by the Division of State Lands of the Department of 593 Environmental Protection in accordance with s. 253.025(8). In 594 those instances when the department of Management Services 595 directly contracts for appraisal services, it must shall also 596 contract with an approved appraiser who is not employed by the 597 same appraisal firm for review services. 598 (b)Notwithstanding s. 253.025(8), the department of 599 Management Services may negotiate and enter into lease-purchase 600 agreements before an appraisal is obtained. Any such agreement 601 must state that the final purchase price cannot exceed the 602 maximum value allowed by law. 603 Section 24.Subsection (2) of section 957.06, Florida 604 Statutes, is amended to read: 605 957.06Powers and duties not delegable to contractor.A 606 contract entered into under this chapter does not authorize, 607 allow, or imply a delegation of authority to the contractor to: 608 (2)Choose the facility to which an inmate is initially 609 assigned or subsequently transferred. The contractor may 610 request, in writing, that an inmate be transferred to a facility 611 operated by the department. The Department of Management 612 Services, the contractor, and the department shall develop and 613 implement a cooperative agreement for transferring inmates 614 between a correctional facility operated by the department and a 615 private correctional facility. The department, the Department of 616 Management Services, and the contractor must comply with the 617 cooperative agreement. 618 Section 25.Subsections (1) and (4) and paragraph (d) of 619 subsection (5) of section 957.07, Florida Statutes, are amended 620 to read: 621 957.07Cost-saving requirements. 622 (1)The department of Management Services may not enter 623 into a contract or series of contracts unless the department 624 determines that the contract or series of contracts in total for 625 the facility will result in a cost savings to the state of at 626 least 7 percent over the public provision of a similar facility. 627 Such cost savings as determined by the department of Management 628 Services must be based upon the actual costs associated with the 629 construction and operation of similar facilities or services as 630 determined by the department of Corrections and certified by the 631 Auditor General. The department of Corrections shall calculate 632 all of the cost components that determine the inmate per diem in 633 correctional facilities of a substantially similar size, type, 634 and location that are operated by the department of Corrections, 635 including administrative costs associated with central 636 administration. Services that are provided to the department of 637 Corrections by other governmental agencies at no direct cost to 638 the department must shall be assigned an equivalent cost and 639 included in the per diem. 640 (4)The department of Corrections shall provide a report 641 detailing the state cost to design, finance, acquire, lease, 642 construct, and operate a facility similar to the private 643 correctional facility on a per diem basis. This report shall be 644 provided to the Auditor General in sufficient time that it may 645 be certified to the Department of Management Services to be 646 included in the request for proposals. 647 (5) 648 (d)If a private vendor chooses not to renew the contract 649 at the appropriated level, the department must of Management 650 Services shall terminate the contract as provided in s. 957.14. 651 Section 26.Section 957.08, Florida Statutes, is amended to 652 read: 653 957.08Capacity requirements.The department of Corrections 654 shall transfer and assign prisoners to each private correctional 655 facility opened pursuant to this chapter in an amount not less 656 than 90 percent or more than 100 percent of the capacity of the 657 facility pursuant to the contract with the Department of 658 Management Services. The prisoners transferred by the department 659 must of Corrections shall represent a cross-section of the 660 general inmate population, based on the grade of custody or the 661 offense of conviction, at the most comparable facility operated 662 by the department. 663 Section 27.Section 957.14, Florida Statutes, is amended to 664 read: 665 957.14Contract termination and control of a correctional 666 facility by the department.A detailed plan must shall be 667 provided by a private vendor under which the department shall 668 assume temporary control of a private correctional facility upon 669 termination of the contract. The department of Management 670 Services may terminate the contract with cause after written 671 notice of material deficiencies and after 60 workdays in order 672 to correct the material deficiencies. If any event occurs that 673 involves the noncompliance with or violation of contract terms 674 and that presents a serious threat to the safety, health, or 675 security of the inmates, employees, or the public, the 676 department may temporarily assume control of the private 677 correctional facility, with the approval of the Department of 678 Management Services. A plan must shall also be provided by a 679 private vendor for the purchase and temporary assumption of 680 operations of a correctional facility by the department in the 681 event of bankruptcy or the financial insolvency of the private 682 vendor. The private vendor shall provide an emergency plan to 683 address inmate disturbances, employee work stoppages, strikes, 684 or other serious events in accordance with standards of the 685 American Correctional Association. 686 Section 28.Section 957.15, Florida Statutes, is amended to 687 read: 688 957.15Funding of contracts for operation, maintenance, and 689 lease-purchase of private correctional facilities.The 690 department shall request the for appropriation of funds to make 691 payments pursuant to contracts entered into by the department of 692 Management Services for the operation, maintenance, and lease 693 purchase of the private correctional facilities authorized by 694 this chapter shall be made by the department of Management 695 Services in a request to the department. The department shall 696 include such request in its budget request to the Legislature as 697 a separately identified item and shall forward the request of 698 the Department of Management Services without change. After an 699 appropriation has been made by the Legislature to the department 700 for the private correctional facilities, the department shall 701 have no authority over such funds other than to pay from such 702 appropriation to the appropriate private vendor such amounts as 703 are certified for payment by the Department of Management 704 Services. 705 Section 29.Section 957.16, Florida Statutes, is amended to 706 read: 707 957.16Expanding capacity.The department may of Management 708 Services is authorized to modify and execute agreements with 709 contractors to expand up to the total capacity of contracted 710 correctional facilities. Total capacity means the design 711 capacity of all contracted correctional facilities increased by 712 one-half as described under s. 944.023(1)(b). Any additional 713 beds authorized under this section must comply with the cost 714 saving requirements set forth in s. 957.07. Any additional beds 715 authorized as a result of expanded capacity under this section 716 are contingent upon specified appropriations. 717 Section 30.Effective July 1, 2024, section 944.105, 718 Florida Statutes, is repealed. 719 Section 31.Effective January 1, 2025, section 944.7031, 720 Florida Statutes, is repealed. 721 Section 32.Effective July 1, 2024, section 944.710, 722 Florida Statutes, is repealed. 723 Section 33.Effective July 1, 2024, section 944.72, Florida 724 Statutes, is repealed. 725 Section 34.Effective July 1, 2024, section 951.062, 726 Florida Statutes, is repealed. 727 Section 35.Effective July 1, 2024, chapter 957, Florida 728 Statutes, consisting of ss. 957.01, 957.02, 957.04, 957.05, 729 957.06, 957.07, 957.08, 957.09, 957.11, 957.12, 957.13, 957.14, 730 957.15, and 957.16, Florida Statutes, is repealed. 731 Section 36.Upon the expiration of a contract under chapter 732 957, Florida Statutes, all inmates housed pursuant to such 733 contract must be returned to the custody of the Department of 734 Corrections. 735 Section 37.Except as otherwise expressly provided in this 736 act and except for this section, which shall take effect upon 737 this act becoming a law, this act shall take effect July 1, 738 2022.