Florida Senate - 2022 SB 636 By Senator Perry 8-00655A-22 2022636__ 1 A bill to be entitled 2 An act relating to the State-Operated Institutions 3 Inmate Welfare Trust Fund; amending s. 945.215, F.S.; 4 increasing the maximum amount of funds that may be 5 deposited into the trust fund in a fiscal year; adding 6 environmental health upgrades to Department of 7 Corrections facilities as a permissible use for funds 8 in the trust fund; reenacting ss. 944.516(5), 9 944.73(2), and 946.002(4)(b), F.S., relating to the 10 disposition of unclaimed funds, the State-Operated 11 Institutions Inmate Welfare Trust Fund, and forfeiture 12 of a prisoners earned funds, respectively, to 13 incorporate the amendment made to s. 945.215, F.S., in 14 references thereto; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Paragraphs (b) and (c) of subsection (2) of 19 section 945.215, Florida Statutes, are amended to read: 20 945.215Inmate welfare and employee benefit trust funds. 21 (2)STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND. 22 (b)Deposits into the trust fund may not exceed a total of 23 $30$2.5million in any fiscal year. Any proceeds or funds that 24 would cause deposits into the trust fund to exceed this limit 25 must be deposited into the General Revenue Fund. 26 (c)Funds in the trust fund shall be used exclusively to 27 provide for or operate any of the following at correctional 28 facilities operated by the department: 29 1.Literacy programs, vocational training programs, and 30 educational programs. 31 2.Inmate chapels, faith-based programs, visiting 32 pavilions, visiting services and programs, family services and 33 programs, and libraries. 34 3.Inmate substance abuse treatment programs and transition 35 and life skills training programs. 36 4.The purchase, rental, maintenance, or repair of 37 electronic or audiovisual equipment, media, services, and 38 programming used by inmates. 39 5.The purchase, rental, maintenance, or repair of 40 recreation and wellness equipment. 41 6.The purchase, rental, maintenance, or repair of bicycles 42 used by inmates traveling to and from employment in the work 43 release program authorized under s. 945.091(1)(b). 44 7.Environmental health upgrades to facilities, to include 45 fixed capital outlay repairs and maintenance that would improve 46 environmental conditions of the correctional facilities. 47 Section 2.For the purpose of incorporating the amendment 48 made by this act to section 945.215, Florida Statutes, in a 49 reference thereto, subsection (5) of section 944.516, Florida 50 Statutes, is reenacted to read: 51 944.516Money or other property received for personal use 52 or benefit of inmate; deposit; disposition of unclaimed trust 53 funds.The Department of Corrections shall protect the financial 54 interest of the state with respect to claims which the state may 55 have against inmates in state institutions under its supervision 56 and control and shall administer money and other property 57 received for the personal benefit of such inmates. In carrying 58 out the provisions of this section, the department may delegate 59 any of its enumerated powers and duties affecting inmates of an 60 institution to the warden or regional director who shall 61 personally, or through designated employees of his or her 62 personal staff under his or her direct supervision, exercise 63 such powers or perform such duties. 64 (5)When an inmate is transferred between department 65 facilities, is released from the custody of the department, 66 dies, or escapes during incarceration, and the inmate has an 67 unexpended inmate trust fund account balance of less than $1, 68 that balance shall be transferred to the State-Operated 69 Institutions Inmate Welfare Trust Fund or, as provided in s. 70 945.215(2)(b), into the General Revenue Fund. 71 Section 3.For the purpose of incorporating the amendment 72 made by this act to section 945.215, Florida Statutes, in a 73 reference thereto, subsection (2) of section 944.73, Florida 74 Statutes, is reenacted to read: 75 944.73State-Operated Institutions Inmate Welfare Trust 76 Fund. 77 (2)Moneys shall be deposited and the expenditures made 78 from the trust fund as provided in s. 945.215. 79 Section 4.For the purpose of incorporating the amendment 80 made by this act to section 945.215, Florida Statutes, in a 81 reference thereto, paragraph (b) of subsection (4) of section 82 946.002, Florida Statutes, is reenacted to read: 83 946.002Requirement of labor; compensation; amount; 84 crediting of account of prisoner; forfeiture; civil rights; 85 prisoner not employee or entitled to compensation insurance 86 benefits. 87 (4) 88 (b)When any prisoner escapes, the department shall 89 determine what portion of the prisoners earnings shall be 90 forfeited, and such forfeiture shall be deposited in the State 91 Treasury in the State-Operated Institutions Inmate Welfare Trust 92 Fund of the department or, as provided in s. 945.215(2)(b), into 93 the General Revenue Fund. 94 Section 5.This act shall take effect July 1, 2022.