The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SPB 7018
INTRODUCER: For consideration by the Criminal Justice Committee
SUBJECT: State-Operated Institutions Inmate Welfare Trust Fund
DATE: March 10, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes Pre-meeting
I. Summary:
SPB 7018 amends s. 945.215, F.S., adding additional funding sources from which all such
proceeds must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or
the General Revenue Fund. These additional funding sources include:
• Copayments made by inmates for nonemergency visits to a health care provider;
1
• Any proceeds obtained through the collection of damages;
2
and
• Cost of incarceration liens.
3
Additionally, the bill increases the maximum amount of funds deposited into the State-Operated
Institutions Inmate Welfare Trust Fund from $2.5 million to $32 million.
The bill also authorizes the Department of Corrections (DOC) to expend funds from the Trust
Fund to be used at correctional facilities to include fixed capital outlays for educational facilities.
The bill amends s. 945.6037, F.S., to state that the proceeds of each copayment must be
deposited into the State-Operated Institutions Inmate Welfare Trust Fund or into the General
Revenue Fund.
The bill reenacts ss. 944.516(5), 944.73(2), and 946.002(4)(b), F.S., relating to the disposition of
unexpended trust funds, the State-Operated Institutions Inmate Welfare Trust Fund, and
forfeiture of a prisoner’s earned funds.
The bill takes effect July 1, 2023.
1
Section 945.6037, F.S.
2
Section 960.293(2), F.S.
3
Section 960.292(2), F.S
REVISED: BILL: SPB 7018 Page 2
II. Present Situation:
State-Operated Institutions Inmate Welfare Trust Fund
In 2020, the Legislature created the Trust Fund to benefit and provide for the welfare of inmates
incarcerated in state-operated correctional facilities.
4
Certain proceeds from specified revenue
streams or donations related to inmates in the DOC are deposited into the Trust Fund; however,
such deposits may not exceed a total of $2.5 million in any fiscal year.
5
Any funds collected in
excess of $2.5 million are deposited into the General Revenue Fund.
Funds from the following sources must be deposited into the Trust Fund, if deposits do not
exceed $2.5 million in any fiscal year:
• Proceeds from operating inmate canteens, vending machines used primarily by inmates and
visitors, hobby shops, and other such facilities;
6
• Proceeds from contracted telephone commissions;
7
• Any funds that may be assigned by inmates or donated to the DOC by the general public or
an inmate service organization;
8
and
• All proceeds from the following services:
o The confiscation and liquidation of any contraband found upon, or in the possession of,
any inmate;
o Disciplinary fines imposed against inmates;
o Forfeitures of inmate earnings; and
o Unexpended balances in individual inmate trust fund accounts of less than $1.
9
Proceeds from the above-listed sources total approximately $35 million per year, and all but $2.5
million is deposited into the General Revenue Fund.
10
Funds in the Trust Fund may only be used to provide for or to operate specified programming at
correctional facilities operated by the DOC, which includes:
• Literacy programs, vocational training programs, and educational programs;
• Inmate chapels, faith-based programs, visiting pavilions, visiting services and programs,
family services and programs, and libraries;
• Inmates substance abuse treatment programs and transition and life skills training programs;
• The purchase, rental, maintenance, or repair of electronic or audiovisual equipment, media,
services, and programming used by inmates;
• The purchase, rental, maintenance, or repair of recreation and wellness equipment; and
4
Chapter 2020-97, L.O.F.
5
Section 945.215(2)(b), F.S.
6
Section 945.72(1)(a), F.S. Funds necessary to purchase items for resale at inmate canteens and vending machines are
required to be deposited into local bank accounts designated by the DOC.
7
Section 945.215(1)(b), F.S.
8
Section 945.215(1)(c), F.S. However, the DOC may not accept any donation from, or on behalf of, any individual inmate.
9
Section 945.215(1)(d), F.S.
10
Department of Corrections, 2022 Agency Legislative Bill Analysis for SB 636, p. 2, (Nov. 16, 2021) (on file with the Senate
Committee on Criminal Justice). BILL: SPB 7018 Page 3
• The purchase, rental, maintenance, or repair of bicycles used by inmates traveling to and
from employment in the work-release program authorized under s. 945.091(1)(b), F.S.
11
Trust Fund monies may only be expended pursuant to a legislative appropriation.
12
As required
by the Florida Constitution, the Trust Fund will terminate on July 1, 2024, unless terminated
sooner or recreated.
13
The Legislature must review the Trust Fund before its scheduled
termination.
Trust Fund Expenditures
In Fiscal Year 2020-2021, the DOC expended funds from the Trust Fund as follows:
14
Program Amount
Literacy and Education $202,638
Vocational Programs $430,977
Chaplaincy $63,636
Library Services $38,210
Substance Use Treatment $244,744
Wellness Programs $1,297,808
Work-Release Program Equipment $21,987
Literacy and Education
The DOC funded 14 OPS positions to provide support to struggling readers and English
Language Learners.
15
The DOC additionally procured the following classroom resources:
• Teacher’s kits including materials to prepare and deliver research-based instruction lessons;
• Skill-based lessons to teach students fundamental reading strategies; and
• Assessment-driven software programs to provide additional instruction on specific skills that
inhibit students’ reading success.
16
Vocational Programs
The DOC procured training simulators to prepare inmates for employment in high-demand
careers, such as commercial driving and heavy equipment operations.
17
Chaplaincy and Library Services
For chaplaincy services, the DOC upgraded chapel sound systems and procured electronic and
audio-visual equipment.
18
For libraries, the DOC enhanced library services by obtaining
11
Section 945.215(2)(c), F.S.
12
Section 945.215(2)(d), F.S.
13
FLA. CONST. art. III, s. 19(f).
14
Department of Corrections, State-Operated Institutions Inmate Welfare Trust Fund Report, (Oct. 1, 2021) (on file with the
Senate Committee on Criminal Justice). The DOC remitted $200,000 for the General Revenue service charge.
15
Id at pg. 1.
16
Id at pg. 2.
17
Id.
18
Id. BILL: SPB 7018 Page 4
literature enhancements to address the aging library collection and World Book Encyclopedia
sets.
Substance Use Treatment
The DOC’s in-prison substance use treatment programs utilized Trust Fund monies to enhance
existing programing for the following substance use programs:
• Residential Therapeutic Community;
• Intensive Outpatient Program; and
• Outpatient programs.
19
Additionally, the DOC procured interactive journals for use in the Administrative Management
Unit at the Jefferson Correctional Institution, Short Sentence correctional institutions and units
(SSCIs), and re-entry centers statewide.
20
The SSCIs also received composition notebooks,
electronic and audio-visual equipment for dorms, paint for murals, and computers for inmate use.
Supplies to facilitate community model training were also purchased to support Peer-to-Peer
program dorms statewide, as well as SSCIs.
21
Wellness Programs
To support the 34 wellness education specialist positions appropriated during the 2020 Session,
funds from the Trust Fund were utilized to equip wellness programs statewide, including:
• Building materials to repair and enhance recreation pavilions, running/walking tracks, and
recreations fields;
• Wellness education material and equipment/furniture for wellness education programs;
• An OPS statewide wellness coordinator position to oversee newly established wellness
education programs statewide;
• Board games, such as checkers, chess, and scrabble, for recreation and to be used during
family visitation; and
• Recreation and sports equipment.
22
Work-Release Program Equipment
The DOC purchased gender-appropriate bicycles in various sizes for inmates traveling to and
from work-release employment.
23
Nonemergency Health Care – Inmate Copayments
Section 945.6037, F.S., provides that for each nonemergency visit by an inmate to a health care
provider initiated by the inmate, the inmate must make a copayment of $5. The copayment for an
inmate’s health care must be deducted from any existing balance in the inmate’s bank account.
24
19
Id.
20
Id.
21
Id.
22
Id at pgs. 2-3.
23
Id at pg. 3.
24
Section 945.6037(1)(a), F.S. BILL: SPB 7018 Page 5
Existing law requires that the proceeds of each copayment must be deposited in the General
Revenue Fund.
25
III. Effect of Proposed Changes:
The bill amends s. 945.215, F.S., adding additional funding sources from which all such
proceeds must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or
the General Revenue Fund. These additional funding sources include:
• Copayments made by inmates for nonemergency visits to a health care provider;
26
o For each nonemergency visit by an inmate to a health care provider that is initiated by the
inmate, he or she must pay a copayment of $5.
27
• Any proceeds obtained through the collection of damages;
28
and
o Upon conviction, a convicted offender is liable to the state and its local subdivisions for
damages and losses for incarceration and other correctional costs.
29
• Cost of incarceration liens.
30
o Upon motion by the state or upon petition of the local subdivision, crime victim, or
aggrieved party, or on its own motion, the court in which the convicted offender is
convicted shall enter civil restitution lien orders in favor of crime victims, the state, its
local subdivisions, and other aggrieved parties.
31
Additionally, the bill increases the maximum amount of funds deposited into the State-Operated
Institutions Inmate Welfare Trust Fund from $2.5 million to $32 million.
The bill also authorizes the DOC to expend funds from the Trust Fund to be used at correctional
facilities to include fixed capital outlays for educational facilities.
The bill amends s. 945.6037, F.S., to state that the proceeds of each copayment must be
deposited into the State-Operated Institutions Inmate Welfare Trust Fund or into the General
Revenue Fund.
The bill reenacts ss. 944.516(5), 944.73(2), and 946.002(4)(b), F.S., relating to the disposition of
unexpended trust funds, the State-Operated Institutions Inmate Welfare Trust Fund, and
forfeiture of a prisoner’s earned funds.
The bill takes effect July 1, 2023.
25
Section 945.6037(1)(c), F.S.
26
Section 945.6037, F.S.
27
Id.
28
Section 960.293(2), F.S.
29
Section 960.293(2)(a)-(b), F.S., states if the conviction is for a capital or life felony, the offender is liable for incarceration
costs and other correctional costs in the liquidated damage amount of $250,000. If the conviction is for an offense other than
a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed
against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of
the sentence imposed by the court at the time of sentencing.
30
Section 960.292(2), F.S.
31
Id. BILL: SPB 7018 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill increases the amount of funds that may be redirected from the General Revenue
Fund to the State-Operated Institutions Inmate Welfare Trust Fund from $2.5 million in
any fiscal year to $32 million per fiscal year.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 945.215 and
945.6037. BILL: SPB 7018 Page 7
This bill reenacts the following sections of the Florida Statutes: 944.516, 944.73, and 946.002.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.