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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to correctional facilities; amending 2
s. 944.35, F.S.; providing definitions; prohibiting 3
sexual misconduct by any volunteer in, or any employee 4
of a contractor or subcontractor of, the Department of 5
Corrections or a private correctional fac ility; 6
providing criminal penalties; providing applicability; 7
transferring all powers, duties, functions, records, 8
offices, personnel, associated administrative support 9
positions, property, pending issues and existing 10
contracts, administrative authority, t rust funds, and 11
unexpended balances of appropriations, allocations, 12
and other funds of the Bureau of Private Prison 13
Monitoring to the Department of Corrections; amending 14
s. 287.042, F.S.; deleting provisions relating to 15
powers and duties of the Department of Management 16
Services concerning private correctional facilities; 17
amending s. 394.9151, F.S.; authorizing the Department 18
of Children and Families to contract with the 19
Department of Corrections, rather than the Department 20
of Management Services, for the op eration of 21
facilities for sexually violent predators; amending s. 22
943.13, F.S.; conforming provisions to changes made by 23
the act; amending ss. 944.02, 944.115, 944.72, 24
944.8041, and 945.215, F.S.; requiring the Department 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Corrections to assume specified duties and 26
responsibilities of the Department of Management 27
Services; amending ss. 957.04, 957.06, 957.07, 957.08, 28
957.14, 957.15, and 957.16, F.S.; conforming 29
provisions to changes made by the act; providing an 30
effective date. 31
32
Be It Enacted by the L egislature of the State of Florida: 33
34
Section 1. Paragraph (b) of subsection (3) of section 35
944.35, Florida Statutes, is amended to read: 36
944.35 Authorized use of force; malicious battery and 37
sexual misconduct prohibited; reporting required; penalties .— 38
(3) 39
(b)1. As used in this paragraph, the term: 40
a. "Female genitals" includes the labia minora, labia 41
majora, clitoris, vulva, hymen, and vagina. 42
b. "Private correctional facility" has the same meaning as 43
in s. 944.710. 44
c.b. "Sexual misconduct" means the oral, anal, or female 45
genital penetration by, or union with, the sexual organ of 46
another or the anal or female genital penetration of another by 47
any other object, but does not include an act done for a bona 48
fide medical purpose or an internal sea rch conducted in the 49
lawful performance of the employee's duty. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
d. "Volunteer" means a person registered with the 51
department or a private correctional facility who is engaged in 52
specific voluntary service activities on an ongoing or continual 53
basis. 54
2. Any employee of the department or a private 55
correctional facility or any volunteer in, or any employee of a 56
contractor or subcontractor of, the department or a private 57
correctional facility as defined in s. 944.710 who engages in 58
sexual misconduct with an inmate or an offender supervised by 59
the department in the community, without committing the crime of 60
sexual battery, commits a felony of the third degree, punishable 61
as provided in s. 775.082, s. 775.083, or s. 775.084. 62
3. The consent of the inmate or o ffender supervised by the 63
department in the community to any act of sexual misconduct may 64
not be raised as a defense to a prosecution under this 65
paragraph. 66
4. This paragraph does not apply to any employee , 67
volunteer, or employee of a contractor or subcon tractor of the 68
department or any employee , volunteer, or employee of a 69
contractor or subcontractor of a private correctional facility 70
who is legally married to an inmate or an offender supervised by 71
the department in the community, nor does it apply to any 72
employee, volunteer, or employee of a contractor or 73
subcontractor who has no knowledge, and would have no reason to 74
believe, that the person with whom the employee , volunteer, or 75
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employee of a contractor or subcontractor has engaged in sexual 76
misconduct is an inmate or an offender under community 77
supervision of the department. 78
Section 2. All powers; duties; functions; records; 79
offices; personnel; associated administrative support positions; 80
property; pending issues and existing contracts; administrativ e 81
authority; trust funds; and unexpended balances of 82
appropriations, allocations, and other funds of the Bureau of 83
Private Prison Monitoring are transferred by a type two transfer 84
pursuant to s. 20.06(2), Florida Statutes, to the Department of 85
Corrections. 86
Section 3. Subsection (17) of section 287.042, Florida 87
Statutes, is amended to read: 88
287.042 Powers, duties, and functions. —The department 89
shall have the following powers, duties, and functions: 90
(17)(a) To enter into contracts pursuant to chapter 957 91
for the designing, financing, acquiring, leasing, constructing, 92
or operating of private correctional facilities. The department 93
shall enter into a contract or contracts with one contractor per 94
facility for the designing, acquiring, financing, leasing, 95
constructing, and operating of that facility or may, if 96
specifically authorized by the Legislature, separately contract 97
for any such services. 98
(b) To manage and enforce compliance with existing or 99
future contracts entered into pursuant to chapter 957. 100
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101
The department may not delegate the responsibilities conferred 102
by this subsection. 103
Section 4. Section 394.9151, Florida Statutes, is amended 104
to read: 105
394.9151 Contract authority. —The Department of Children 106
and Families may contract with a private enti ty or state agency 107
for use of and operation of facilities to comply with the 108
requirements of this act. The Department of Children and 109
Families may also contract with the Department of Corrections 110
Management Services to issue a request for proposals and mon itor 111
contract compliance for these services. 112
Section 5. Section 943.13, Florida Statutes, is amended to 113
read: 114
943.13 Officers' minimum qualifications for employment or 115
appointment.—On or after October 1, 1984, any person employed or 116
appointed as a full-time, part-time, or auxiliary law 117
enforcement officer or correctional officer; on or after October 118
1, 1986, any person employed as a full -time, part-time, or 119
auxiliary correctional probation officer; and on or after 120
October 1, 1986, any person employed as a full-time, part-time, 121
or auxiliary correctional officer by a private entity under 122
contract to the Department of Corrections or, to a county 123
commission, or to the Department of Management Services shall: 124
(1) Be at least 19 years of age, except that a ny person 125
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employed as a full-time, a part-time, or an auxiliary 126
correctional officer must be at least 18 years of age. 127
(2) Be a citizen of the United States, notwithstanding any 128
law of the state to the contrary. 129
(3) Be a high school graduate or its "eq uivalent" as the 130
commission has defined the term by rule. 131
(4) Not have been convicted of any felony or of a 132
misdemeanor involving perjury or a false statement, or have 133
received a dishonorable discharge from any of the Armed Forces 134
of the United States. A ny person who, after July 1, 1981, pleads 135
guilty or nolo contendere to or is found guilty of any felony or 136
of a misdemeanor involving perjury or a false statement is not 137
eligible for employment or appointment as an officer, 138
notwithstanding suspension of se ntence or withholding of 139
adjudication. Notwithstanding this subsection, any person who 140
has pled nolo contendere to a misdemeanor involving a false 141
statement, prior to December 1, 1985, and has had such record 142
sealed or expunged shall not be deemed ineligib le for employment 143
or appointment as an officer. 144
(5) Have documentation of his or her processed 145
fingerprints on file with the employing agency or, if a private 146
correctional officer, have documentation of his or her processed 147
fingerprints on file with the Department of Corrections or the 148
Criminal Justice Standards and Training Commission. The 149
department shall retain and enter into the statewide automated 150
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biometric identification system authorized by s. 943.05 all 151
fingerprints submitted to the department as required by this 152
section. Thereafter, the fingerprints shall be available for all 153
purposes and uses authorized for arrest fingerprints entered in 154
the statewide automated biometric identification system pursuant 155
to s. 943.051. The department shall search al l arrest 156
fingerprints received pursuant to s. 943.051 against the 157
fingerprints retained in the statewide automated biometric 158
identification system pursuant to this section and report to the 159
employing agency any arrest records that are identified with the 160
retained employee's fingerprints. These fingerprints must be 161
forwarded to the department for processing and retention. 162
(6) Have passed a physical examination by a licensed 163
physician, physician assistant, or licensed advanced practice 164
registered nurse, bas ed on specifications established by the 165
commission. In order to be eligible for the presumption set 166
forth in s. 112.18 while employed with an employing agency, a 167
law enforcement officer, correctional officer, or correctional 168
probation officer must have suc cessfully passed the physical 169
examination required by this subsection upon entering into 170
service as a law enforcement officer, correctional officer, or 171
correctional probation officer with the employing agency, which 172
examination must have failed to reveal a ny evidence of 173
tuberculosis, heart disease, or hypertension. A law enforcement 174
officer, correctional officer, or correctional probation officer 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may not use a physical examination from a former employing 176
agency for purposes of claiming the presumption set f orth in s. 177
112.18 against the current employing agency. The employing 178
agency must maintain records of the physical examination for at 179
least 5 years after the employee's separation from the employing 180
agency. If the employing agency fails to maintain the rec ords of 181
the physical examination for the 5 -year period after the 182
employee's separation, it is presumed that the employee has met 183
the requirements of this subsection. 184
(7) Have a good moral character as determined by a 185
background investigation under proced ures established by the 186
commission. 187
(8) Execute and submit to the employing agency or, if a 188
private correctional officer, submit to the appropriate 189
governmental entity an affidavit -of-applicant form, adopted by 190
the commission, attesting to his or her com pliance with 191
subsections (1)-(7). The affidavit shall require the applicant 192
to disclose any pending investigation by a local, state, or 193
federal agency or entity for criminal, civil, or administrative 194
wrongdoing and whether the applicant separated or resign ed from 195
previous criminal justice employment while he or she was under 196
investigation. The affidavit shall be executed under oath and 197
constitutes an official statement within the purview of s. 198
837.06. The affidavit shall include conspicuous language that 199
the intentional false execution of the affidavit constitutes a 200
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misdemeanor of the second degree. The affidavit shall be 201
retained by the employing agency. 202
(9) Complete a commission -approved basic recruit training 203
program for the applicable criminal justice discipline, unless 204
exempt under this subsection. An applicant who has: 205
(a) Completed a comparable basic recruit training program 206
for the applicable criminal justice discipline in another state 207
or for the Federal Government and served as a full -time sworn 208
officer in another state or for the Federal Government for at 209
least 1 year, provided there is no more than an 8 -year break in 210
employment, as measured from the separation date of the most 211
recent qualifying employment to the time a complete application 212
for an exemption under this subsection is submitted; or 213
(b) Served in the special operations forces for a minimum 214
of 5 years, provided there is no more than a 4 -year break from 215
the applicant's special operations forces experience, as 216
measured from the separa tion date from the special operations 217
forces to the time a complete application for an exemption under 218
this subsection is submitted, 219
220
is exempt in accordance with s. 943.131(2) from completing the 221
commission-approved basic recruit training program. 222
(10) Achieve an acceptable score on the officer 223
certification examination for the applicable criminal justice 224
discipline. 225
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(11) Comply with the continuing training or education 226
requirements of s. 943.135. 227
Section 6. Subsection (4) of section 944.02, Florid a 228
Statutes, is amended to read: 229
944.02 Definitions. —The following words and phrases used 230
in this chapter shall, unless the context clearly indicates 231
otherwise, have the following meanings: 232
(4) "Elderly offender" means a prisoner age 50 or older in 233
a state correctional institution or facility operated by the 234
Department of Corrections or the Department of Management 235
Services. 236
Section 7. Paragraph (b) of subsection (2) of section 237
944.115, Florida Statutes, is amended to read: 238
944.115 Smoking prohibited inside state correctional 239
facilities.— 240
(2) As used in this section, the term: 241
(b) "Employee" means an employee of the department or a 242
private vendor in a contractual relationship with either the 243
department of Corrections or the Department of Management 244
Services, and includes persons such as contractors, volunteers, 245
or law enforcement officers who are within a state correctional 246
facility to perform a professional service. 247
Section 8. Subsection (1) of section 944.72, Florida 248
Statutes, is amended to read: 249
944.72 Privately Operated Institutions Inmate Welfare 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Trust Fund.— 251
(1) There is hereby created in the department of 252
Corrections the Privately Operated Institutions Inmate Welfare 253
Trust Fund. The purpose of the trust fund shall be the ben efit 254
and welfare of inmates incarcerated in private correctional 255
facilities under contract with the department pursuant to this 256
chapter or the Department of Management Services pursuant to 257
chapter 957. Moneys shall be deposited in the trust fund and 258
expenditures made from the trust fund as provided in s. 945.215. 259
Section 9. Section 944.8041, Florida Statutes, is amended 260
to read: 261
944.8041 Elderly offenders; annual review. —For the purpose 262
of providing information to the Legislature on elderly offenders 263
within the correctional system, the department and the 264
Correctional Medical Authority shall each submit annually a 265
report on the status and treatment of elderly offenders in the 266
state-administered and private state correctional systems and 267
the department's geriatric facilities and dorms. In order to 268
adequately prepare the reports, the department and the 269
Department of Management Services shall grant access to the 270
Correctional Medical Authority that includes access to the 271
facilities, offenders, and any inform ation the agencies require 272
to complete their reports. The review shall also include an 273
examination of promising geriatric policies, practices, and 274
programs currently implemented in other correctional systems 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within the United States. The reports, with spec ific findings 276
and recommendations for implementation, shall be submitted to 277
the President of the Senate and the Speaker of the House of 278
Representatives on or before December 31 of each year. 279
Section 10. Paragraphs (a) and (c) of subsection (3) of 280
section 945.215, Florida Statutes, are amended to read: 281
945.215 Inmate welfare and employee benefit trust funds. — 282
(3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 283
FUND; PRIVATE CORRECTIONAL FACILITIES. — 284
(a) For purposes of this subsection, private ly operated 285
institutions or private correctional facilities are those 286
correctional facilities under contract with the department 287
pursuant to chapter 944 or the Department of Management Services 288
pursuant to chapter 957. 289
(c) The department of Management Services shall annually 290
compile a report that documents Privately Operated Institutions 291
Inmate Welfare Trust Fund receipts and expenditures at each 292
private correctional facility. This report must specifically 293
identify receipt sources and expenditures. The de partment of 294
Management Services shall compile this report for the prior 295
fiscal year and shall submit the report by September 1 of each 296
year to the chairs of the appropriate substantive and fiscal 297
committees of the Senate and House of Representatives and to the 298
Executive Office of the Governor. 299
Section 11. Paragraphs (a), (b), (e), and (g) of 300
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subsection (1), paragraph (c) of subsection (2), and subsections 301
(5), (6), and (7) of section 957.04, Florida Statutes, are 302
amended to read: 303
957.04 Contract requi rements.— 304
(1) A contract entered into under this chapter for the 305
operation of private correctional facilities shall maximize the 306
cost savings of such facilities and shall: 307
(a) Be negotiated with the firm found most qualified. 308
However, a contract for pr ivate correctional services may not be 309
entered into by the department of Management Services unless the 310
department of Management Services determines that the contractor 311
has demonstrated that it has: 312
1. The qualifications, experience, and management 313
personnel necessary to carry out the terms of the contract. 314
2. The ability to expedite the siting, design, and 315
construction of correctional facilities. 316
3. The ability to comply with applicable laws, court 317
orders, and national correctional standards. 318
(b) Indemnify the state and the department, including 319
their officials and agents, against any and all liability, 320
including, but not limited to, civil rights liability. Proof of 321
satisfactory insurance is required in an amount to be determined 322
by the department of Management Services . 323
(e) Establish operations standards for correctional 324
facilities subject to the contract. However, if the department 325
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and the contractor disagree with an operations standard, the 326
contractor may propose to waive any rule, policy, or pr ocedure 327
of the department related to the operations standards of 328
correctional facilities which is inconsistent with the mission 329
of the contractor to establish cost -effective, privately 330
operated correctional facilities. The department of Management 331
Services shall be responsible for considering all proposals from 332
the contractor to waive any rule, policy, or procedure and shall 333
render a final decision granting or denying such request. 334
(g) Require the selection and appointment of a full -time 335
contract monitor. The contract monitor shall be appointed and 336
supervised by the department of Management Services . The 337
contractor is required to reimburse the department of Management 338
Services for the salary and expenses of the contract monitor. It 339
is the obligation of the contractor to provide suitable office 340
space for the contract monitor at the correctional facility. The 341
contract monitor shall have unlimited access to the correctional 342
facility. 343
(2) Each contract entered into for the design and 344
construction of a private correctional facility or juvenile 345
commitment facility must include: 346
(c) A specific provision requiring the contractor, and not 347
the department of Management Services , to obtain the financing 348
required to design and construct the private correctional 349
facility or juvenile commitment facility built under this 350
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chapter. 351
(5) Each contract entered into by the department of 352
Management Services must include substantial minority 353
participation unless demonstrated by evidence, after a good 354
faith effort, as impractic al and must also include any other 355
requirements the department of Management Services considers 356
necessary and appropriate for carrying out the purposes of this 357
chapter. 358
(6) Notwithstanding s. 253.025(9), the Board of Trustees 359
of the Internal Improvement Trust Fund need not approve a lease -360
purchase agreement negotiated by the department of Management 361
Services if the department of Management Services finds that 362
there is a need to expedite the lease -purchase. 363
(7)(a) Notwithstanding s. 253.025 or s. 287.057 , whenever 364
the department of Management Services finds it to be in the best 365
interest of timely site acquisition, it may contract without the 366
need for competitive selection with one or more appraisers whose 367
names are contained on the list of approved apprai sers 368
maintained by the Division of State Lands of the Department of 369
Environmental Protection in accordance with s. 253.025(8). In 370
those instances when the department of Management Services 371
directly contracts for appraisal services, it shall also 372
contract with an approved appraiser who is not employed by the 373
same appraisal firm for review services. 374
(b) Notwithstanding s. 253.025(8), the department of 375
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Management Services may negotiate and enter into lease -purchase 376
agreements before an appraisal is obtained. Any such agreement 377
must state that the final purchase price cannot exceed the 378
maximum value allowed by law. 379
Section 12. Subsection (2) of section 957.06, Florida 380
Statutes, is amended to read: 381
957.06 Powers and duties not delegable to contractor. —A 382
contract entered into under this chapter does not authorize, 383
allow, or imply a delegation of authority to the contractor to: 384
(2) Choose the facility to which an inmate is initially 385
assigned or subsequently transferred. The contractor may 386
request, in writing, that an inmate be transferred to a facility 387
operated by the department. The Department of Management 388
Services, the contractor, and the department and the contractor 389
shall develop and implement a cooperative agreement for 390
transferring inmates between a correctional facility operated by 391
the department and a private correctional facility. The 392
department, the Department of Management Services, and the 393
contractor must comply with the cooperative agreement. 394
Section 13. Subsections (1) and (4) and paragra ph (d) of 395
subsection (5) of section 957.07, Florida Statutes, are amended 396
to read: 397
957.07 Cost-saving requirements. — 398
(1) The department of Management Services may not enter 399
into a contract or series of contracts unless the department 400
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determines that the contract or series of contracts in total for 401
the facility will result in a cost savings to the state of at 402
least 7 percent over the public provision of a similar facility. 403
Such cost savings as determined by the department of Management 404
Services must be based upon the actual costs associated with the 405
construction and operation of similar facilities or services as 406
determined by the department of Corrections and certified by the 407
Auditor General. The department of Corrections shall calculate 408
all of the cost components that determine the inmate per diem in 409
correctional facilities of a substantially similar size, type, 410
and location that are operated by the department of Corrections, 411
including administrative costs associated with central 412
administration. Services that are provided to the department of 413
Corrections by other governmental agencies at no direct cost to 414
the department shall be assigned an equivalent cost and included 415
in the per diem. 416
(4) The department of Corrections shall provide a report 417
detailing the state cost to design, finance, acquire, lease, 418
construct, and operate a facility similar to the private 419
correctional facility on a per diem basis. This report shall be 420
provided to the Auditor General in sufficient time that it may 421
be certified to the Department of Management Services to be 422
included in the request for proposals. 423
(5) 424
(d) If a private vendor chooses not to renew the contract 425
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at the appropriated level, the department of Management Services 426
shall terminate the contract as provided in s. 957 .14. 427
Section 14. Section 957.08, Florida Statutes, is amended 428
to read: 429
957.08 Capacity requirements. —The department of 430
Corrections shall transfer and assign prisoners to each private 431
correctional facility opened pursuant to this chapter in an 432
amount not less than 90 percent or more than 100 percent of the 433
capacity of the facility pursuant to the contract with the 434
Department of Management Services . The prisoners transferred by 435
the department of Corrections shall represent a cross -section of 436
the general inmate population, based on the grade of custody or 437
the offense of conviction, at the most comparable facility 438
operated by the department. 439
Section 15. Section 957.14, Florida Statutes, is amended 440
to read: 441
957.14 Contract termination and control of a correctional 442
facility by the department. —A detailed plan shall be provided by 443
a private vendor under which the department shall assume 444
temporary control of a private correctional facility upon 445
termination of the contract. The department of Management 446
Services may terminate the contract with cause after written 447
notice of material deficiencies and after 60 workdays in order 448
to correct the material deficiencies. If any event occurs that 449
involves the noncompliance with or violation of contract terms 450
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and that presents a serious threat to the safety, health, or 451
security of the inmates, employees, or the public, the 452
department may temporarily assume control of the private 453
correctional facility , with the approval of the Department of 454
Management Services. A plan shall also be provided by a private 455
vendor for the purchase and temporary assumption of operations 456
of a correctional facility by the department in the event of 457
bankruptcy or the financial insolvency of the private vendor. 458
The private vendor shall provide an e mergency plan to address 459
inmate disturbances, employee work stoppages, strikes, or other 460
serious events in accordance with standards of the American 461
Correctional Association. 462
Section 16. Section 957.15, Florida Statutes, is amended 463
to read: 464
957.15 Funding of contracts for operation, maintenance, 465
and lease-purchase of private correctional facilities. —The 466
request for appropriation of funds to make payments pursuant to 467
contracts entered into by the department of Management Services 468
for the operation, mai ntenance, and lease-purchase of the 469
private correctional facilities authorized by this chapter shall 470
be included made by the Department of Management Services in a 471
request to the department. The department shall include such 472
request in its budget request t o the Legislature as a separately 473
identified item and shall forward the request of the Department 474
of Management Services without change . After an appropriation 475
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has been made by the Legislature to the department for the 476
private correctional facilities, the department shall have no 477
authority over such funds other than to pay from such 478
appropriation to the appropriate private vendor such amounts as 479
are certified for payment by the department of Management 480
Services. 481
Section 17. Section 957.16, Florida Statu tes, is amended 482
to read: 483
957.16 Expanding capacity. —The department of Management 484
Services is authorized to modify and execute agreements with 485
contractors to expand up to the total capacity of contracted 486
correctional facilities. Total capacity means the d esign 487
capacity of all contracted correctional facilities increased by 488
one-half as described under s. 944.023(1)(b). Any additional 489
beds authorized under this section must comply with the cost -490
saving requirements set forth in s. 957.07. Any additional beds 491
authorized as a result of expanded capacity under this section 492
are contingent upon specified appropriations. 493
Section 18. This act shall take effect October 1, 2023. 494