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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
1
An act relating to Department of Corrections; amending 2
s. 944.31, F.S.; providing additional authority for 3
law enforcement officers of the office of the 4
inspector general concerning department and 5
contractor-operated correctional facilities; amending 6
s. 944.710, F.S.; replacing the term "private 7
correctional facility" with "contractor -operated 8
correctional facility"; replacing the term "private 9
correctional officer" with "contractor -employed 10
correctional officer"; conforming provisions to 11
changes made by the act; amending s. 957.04, F.S.; 12
providing that correctional privatization contracts 13
are not exempt from specified state contracting 14
provisions unless ot herwise specified; providing 15
construction; conforming provisions to changes made by 16
the act; amending s. 957.07, F.S.; revising 17
terminology; removing provisions concerning 18
development of consensus per diem rates by the Prison 19
Per-Diem Workgroup; conforming a provision to changes 20
made by the act; amending s. 957.12, F.S.; revising 21
provisions concerning contact with the department by 22
specified persons; conforming a provision to changes 23
made by the act; amending s. 957.15, F.S.; removing a 24
provision concerning department control over certain 25
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funds appropriated for contractor -operated 26
correctional facilities; conforming a provision to 27
changes made by the act; amending ss. 330.41, 553.865, 28
633.218, 775.21, 775.261, 784.078, 800.09, 943.0435, 29
943.13, 943.325, 944. 105, 944.151, 944.17, 944.35, 30
944.40, 944.605, 944.606, 944.607, 944.608, 944.609, 31
944.7031, 944.714, 944.715, 944.716, 944.717, 944.718, 32
944.719, 944.72, 944.801, 944.803, 945.10, 945.215, 33
945.6041, 946.5025, 946.503, 951.062, 951.063, 957.05, 34
957.06, 957.08, 957.09, 957.13, 957.14, 960.001, 35
985.481, and 985.4815, F.S.; conforming provisions to 36
changes made by the act; providing an effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 944.31, Florida Statute s, is amended to 41
read: 42
944.31 Inspector general; inspectors; power and duties. — 43
(1) The inspector general shall be responsible for prison 44
inspection and investigation, internal affairs investigations, 45
and management reviews. The office of the inspector general 46
shall be charged with the duty of inspecting the penal and 47
correctional systems of the state. 48
(2) The office of the inspector general shall inspect each 49
correctional institution or any place in which state prisoners 50
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are housed, worked, or kept w ithin the state, with reference to 51
its physical conditions, cleanliness, sanitation, safety, and 52
comfort; the quality and supply of all bedding; the quality, 53
quantity, and diversity of food served and the manner in which 54
it is served; the number and condit ion of the prisoners confined 55
therein; and the general conditions of each institution. 56
(3) The office of inspector general shall see that all the 57
rules and regulations issued by the department are strictly 58
observed and followed by all persons connected w ith the 59
correctional systems of the state. The office of the inspector 60
general shall coordinate and supervise the work of inspectors 61
throughout the state. 62
(4) The inspector general and inspectors may enter any 63
place where prisoners in this state are kept and shall be 64
immediately admitted to such place as they desire and may 65
consult and confer with any prisoner privately and without 66
molestation. 67
(5)(a) The inspector general and inspectors shall be 68
responsible for criminal and administrative investigation of 69
matters relating to the Department of Corrections. 70
(b) The secretary may designate persons within the office 71
of the inspector general as law enforcement officers to conduct 72
any criminal investigation that occurs on property owned or 73
leased by the department or involves matters over which the 74
department has jurisdiction. All criminal investigations 75
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involving matters over which the department has jurisdiction at 76
contractor-operated correctional facilities, as defined in s. 77
944.710, may be conducted by t he law enforcement officers of the 78
office of the inspector general. 79
(c) A person designated as a law enforcement officer must 80
be certified pursuant to s. 943.1395 and must have a minimum of 81
3 years' experience as an inspector in the inspector general's 82
office or as a law enforcement officer. 83
(d) The department shall maintain a memorandum of 84
understanding with the Department of Law Enforcement for the 85
notification and investigation of mutually agreed -upon predicate 86
events that shall include, but are not limited to, suspicious 87
deaths and organized criminal activity. 88
(e) During investigations, the inspector general and 89
inspectors may consult and confer with any prisoner or staff 90
member privately and without molestation . and 91
(f) For matters over which t he department has 92
jurisdiction, persons designated as law enforcement officers 93
under this subsection section shall have the same arrest 94
authority as provided for law enforcement officers generally in 95
chapter 901, and may make arrests consistent with such a uthority 96
in the following circumstances, including an arrest of: to 97
arrest, with or without a warrant, 98
1. Any prisoner of or visitor to a state correctional 99
institution or a contractor-operated correctional facility, for 100
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a violation of the criminal laws of the state involving an 101
offense classified as a felony that occurs on property owned or 102
leased by the department or on the property of a contractor -103
operated correctional facility; and may arrest 104
2. Offenders who have e scaped or absconded from custody ;. 105
Persons designated as law enforcement officers have the 106
authority to arrest with or without a warrant 107
3. A staff member of the department, including any 108
contract employee, subcontractor, or volunteer, for a violation 109
of the criminal laws of the state that occurs involving an 110
offense classified as a felony under this chapter or chapter 893 111
on property owned or leased by the department , or any 112
contractor-operated correctional facility staff member, contract 113
employee, subcontractor, or volunteer at any contractor -operated 114
correctional facility for a violation of the criminal laws of 115
the state that occurs on the property of a contractor -operated 116
correctional facility; or . A person designated as a law 117
enforcement officer und er this section may make arrests of 118
4. Persons against whom arrest warrants have been issued , 119
including arrests of offenders who have escaped or absconded 120
from custody. 121
(g) For any arrest made by a person designated as a law 122
enforcement officer under this subsection, the arrested person 123
shall be surrendered without delay to the sheriff of the county 124
in which the arrest is made, with a formal complaint 125
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subsequently made against her or him in accordance with law. 126
Section 2. Section 944.710, Florida Statutes, is amended 127
to read: 128
944.710 Definitions of terms relating to contractor-129
operated private operation of state correctional facilities and 130
s. 944.105.—As used with respect to contractor-operated private 131
operation of state correctional facilities and s. 944.105, the 132
term: 133
(1) "Bidder" means any individual, partnership, 134
corporation, or unincorporated association that submits a 135
proposal with the department to construct, lease, or operate a 136
contractor-operated private correctional facility. 137
(2)(4) "Contractor-employed Private correctional officer" 138
means any full-time or part-time employee of a private vendor 139
whose primary responsibility is the supervision, protection, 140
care, and control of prisoners within a contractor-operated 141
private correctional facility. 142
(3) "Contractor-operated private correctional facility" 143
means any facility, which is not operated by the department, for 144
the incarceration of adults or juveniles who have been sentenced 145
by a court and committed to the custody of the department. 146
(4)(2) "Department" means the Department of Corrections. 147
(5) "Private vendor" means any individual, partnership, 148
corporation, or unincorporated association bound by contract 149
with the department to construct, lease, or op erate a 150
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contractor-operated private correctional facility. 151
Section 3. Subsections (1), (2), and (3) of section 152
957.04, Florida Statutes, are amended to read: 153
957.04 Contract requirements. — 154
(1) A contract entered into under this chapter for the 155
operation of contractor-operated private correctional facilities 156
shall maximize the cost savings of such facilities and shall: 157
(a) Unless otherwise specified in this chapter, is not 158
exempt from chapter 287, including the competitive solicitation 159
requirements thereof. However, if there is a direct conflict 160
between this chapter and chapter 287, this chapter shall 161
control. Contracts entered into under this chapter for the 162
operation of contractor -operated correctional facilities are not 163
considered to be outsource d as defined in s. 287.012. The 164
specific outsourcing requirements of s. 287.0571 are not 165
required under this section. 166
(b)(a) Be executed negotiated with the contractor firm 167
found most qualified. However, a contract for contractor-168
operated private correctional services may not be entered into 169
by the department unless the department determines that the 170
contractor has demonstrated that it has: 171
1. The qualifications, experience, and management 172
personnel necessary to carry out the terms of the contract. 173
2. The ability to expedite the siting, design, and 174
construction of correctional facilities. 175
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3. The ability to comply with applicable laws, court 176
orders, and national correctional standards. 177
(c)(b) Indemnify the state and the department, including 178
their officials and agents, against any and all liability, 179
including, but not limited to, civil rights liability. Proof of 180
satisfactory insurance is required in an amount to be determined 181
by the department. 182
(d)(c) Require that the contractor seek, obtain, and 183
maintain accreditation by the American Correctional Association 184
for the facility under that contract. Compliance with amendments 185
to the accreditation standards of the association is required 186
upon the approval of such amendments by the department. 187
(e)(d) Require that the proposed facilities and the 188
management plans for the inmates meet applicable American 189
Correctional Association standards and the requirements of all 190
applicable court orders and state law. 191
(f)(e) Establish operations standards for correcti onal 192
facilities subject to the contract. However, if the department 193
and the contractor disagree with an operations standard, the 194
contractor may propose to waive any rule, policy, or procedure 195
of the department related to the operations standards of 196
correctional facilities which is inconsistent with the mission 197
of the contractor to establish cost -effective, contractor-198
operated privately operated correctional facilities. The 199
department shall be responsible for considering all requests 200
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proposals from the contractor to waive any rule, policy, or 201
procedure and shall render a final decision granting or denying 202
such request. 203
(g)(f) Require the contractor to be responsible for a 204
range of dental, medical, and psychological services; diet; 205
education; and work progra ms at least equal to those provided by 206
the department in comparable facilities. The work and education 207
programs must be designed to reduce recidivism, and include 208
opportunities to participate in such work programs as authorized 209
pursuant to s. 946.523. 210
(h)(g) Require the selection and appointment of a full -211
time contract monitor. The contract monitor shall be appointed 212
and supervised by the department. The contractor is required to 213
reimburse the department for the salary and expenses of the 214
contract monitor. It is the obligation of the contractor to 215
provide suitable office space for the contract monitor at the 216
correctional facility. The contract monitor shall have unlimited 217
access to the correctional facility. 218
(i)(h) Be for a period of 3 years and may be r enewed for 219
successive 2-year periods thereafter. However, the state is not 220
obligated for any payments to the contractor beyond current 221
annual appropriations. 222
(2) Each contract entered into for the design and 223
construction of a contractor-operated private correctional 224
facility or juvenile commitment facility must include: 225
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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) Notwithstanding any provision of chapter 255 to the 226
contrary, a specific provision authorizing the use of tax -exempt 227
financing through the issuance of tax -exempt bonds, certificates 228
of participation, lease -purchase agreements, or other tax -exempt 229
financing methods. Pursuant to s. 255.25, approval is hereby 230
provided for the lease -purchase of up to two contractor-operated 231
private correctional facilities and any other facility 232
authorized by the General Appropriations Act. 233
(b) A specific provision requiring the design and 234
construction of the proposed facilities to meet the applicable 235
standards of the American Correctional Association and the 236
requirements of all applicable court orders and state law. 237
(c) A specific provision requiring the contractor, and not 238
the department, to obtain the financing required to design and 239
construct the contractor-operated private correctional facility 240
or juvenile commitment facility built under this chap ter. 241
(d) A specific provision stating that the state is not 242
obligated for any payments that exceed the amount of the current 243
annual appropriation. 244
(3)(a) Each contract for the designing, financing, 245
acquiring, leasing, constructing, and operating of a contractor-246
operated private correctional facility shall be subject to ss. 247
255.2502 and 255.2503. 248
(b) Each contract for the designing, financing, acquiring, 249
leasing, and constructing of a contractor-operated private 250
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juvenile commitment facility shall be su bject to ss. 255.2502 251
and 255.2503. 252
Section 4. Subsections (4) and (5) of section 957.07, 253
Florida Statutes, are amended to read: 254
957.07 Cost-saving requirements. — 255
(4) The department shall provide a report detailing the 256
state cost to design, finance , acquire, lease, construct, and 257
operate a facility similar to the contractor-operated private 258
correctional facility on a per diem basis. This report shall be 259
provided to the Auditor General in sufficient time that it may 260
be certified to be included in the competitive solicitation 261
request for proposals . 262
(5)(a) At the request of the Speaker of the House of 263
Representatives or the President of the Senate, the Prison Per -264
Diem Workgroup shall develop consensus per diem rates for use by 265
the Legislature. The Off ice of Program Policy Analysis and 266
Government Accountability and the staffs of the appropriations 267
committees of both the Senate and the House of Representatives 268
are the principals of the workgroup. The workgroup may consult 269
with other experts to assist in the development of the consensus 270
per diem rates. All meetings of the workgroup shall be open to 271
the public as provided in chapter 286. 272
(b) When developing the consensus per diem rates, the 273
workgroup must: 274
1. Use data provided by the department from the most 275
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recent fiscal year to determine per diem costs for the following 276
activities: 277
a. Custody and control; 278
b. Health services; 279
c. Substance abuse programs; and 280
d. Educational programs; 281
2. Include the cost of departmental, regional, 282
institutional, and program administration and any other fixed 283
costs of the department; 284
3. Calculate average per diem rates for the following 285
offender populations: adult male, youthful offender male, and 286
female; and 287
4. Make per diem adjustments, as appropriate, to ac count 288
for variations in size and location of correctional facilities. 289
(c) The consensus per diem rates determined by the 290
workgroup may be used to assist the Legislature in determining 291
the level of funding provided to privately operated prisons to 292
meet the 7-percent savings required of private prisons by this 293
chapter. 294
(d) If a private vendor chooses not to renew the contract 295
at the appropriated level, the department shall terminate the 296
contract as provided in s. 957.14. 297
Section 5. Section 957.12, Flo rida Statutes, is amended to 298
read: 299
957.12 Prohibition on contact. —Except in writing to the 300
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procurement office or as provided in the solicitation documents, 301
a bidder or potential bidder is not permitted to have any 302
contact with any member or employee of o r consultant to the 303
department regarding a competitive solicitation request for 304
proposal, a proposal, or the evaluation or selection process 305
from the time a request for proposals for a contractor-operated 306
private correctional facility is issued until the t ime a 307
notification of intent to award is announced , except if such 308
contact is in writing or in a meeting for which notice was 309
provided in the Florida Administrative Register . 310
Section 6. Section 957.15, Florida Statutes, is amended to 311
read: 312
957.15 Funding of contracts for operation, maintenance, 313
and lease-purchase of contractor-operated private correctional 314
facilities.—The request for appropriation of funds to make 315
payments pursuant to contracts entered into by the department 316
for the operation, mainten ance, and lease-purchase of the 317
contractor-operated private correctional facilities authorized 318
by this chapter shall be included in its budget request to the 319
Legislature as a separately identified item. After an 320
appropriation has been made by the Legislatu re to the department 321
for the private correctional facilities, the department shall 322
have no authority over such funds other than to pay from such 323
appropriation to the appropriate private vendor such amounts as 324
are certified for payment by the department. 325
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Section 7. Paragraph (a) of subsection (2) of section 326
330.41, Florida Statutes, is amended to read: 327
330.41 Unmanned Aircraft Systems Act. — 328
(2) DEFINITIONS.—As used in this act, the term: 329
(a) "Critical infrastructure facility" means any of the 330
following, if completely enclosed by a fence or other physical 331
barrier that is obviously designed to exclude intruders, or if 332
clearly marked with a sign or signs which indicate that entry is 333
forbidden and which are posted on the property in a manner 334
reasonably likely to come to the attention of intruders: 335
1. A power generation or transmission facility, 336
substation, switching station, or electrical control center. 337
2. A chemical or rubber manufacturing or storage facility. 338
3. A water intake structure, water treatment facility, 339
wastewater treatment plant, or pump station. 340
4. A mining facility. 341
5. A natural gas or compressed gas compressor station, 342
storage facility, or natural gas or compressed gas pipeline. 343
6. A liquid natural gas or propane gas terminal or storage 344
facility. 345
7. Any portion of an aboveground oil or gas pipeline. 346
8. A refinery. 347
9. A gas processing plant, including a plant used in the 348
processing, treatment, or fractionation of natural gas. 349
10. A wireless communications facility, including the 350
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tower, antennae, support structures, and all associated ground -351
based equipment. 352
11. A seaport as listed in s. 311.09(1), which need not be 353
completely enclosed by a fence or other physical barrier and 354
need not be marked with a sign or signs indicating that entry is 355
forbidden. 356
12. An inland port or other facility or group of 357
facilities serving as a point of intermodal transfer of freight 358
in a specific area physically separated from a seaport. 359
13. An airport as defined in s. 330.27. 360
14. A spaceport territory as defined in s. 331.303(18). 361
15. A military installation as defined in 10 U.S.C. s. 362
2801(c)(4) and an armory as defined in s. 250.01. 363
16. A dam as defined in s. 373.403(1) or other structures, 364
such as locks, floodgates, or dikes, which are designed to 365
maintain or control the level of navigable waterways. 366
17. A state correctional institution as defined in s. 367
944.02 or a contractor-operated private correctional facility 368
authorized under chapter 957. 369
18. A secure detention center or facility as defined in s. 370
985.03, or a nonsecure residential facility, a high -risk 371
residential facility, or a maximum -risk residential facility as 372
those terms are described in s. 985.03(44). 373
19. A county detention facil ity as defined in s. 951.23. 374
20. A critical infrastructure facility as defined in s. 375
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692.201. 376
Section 8. Paragraph (b) of subsection (3) of section 377
553.865, Florida Statutes, is amended to read: 378
553.865 Private spaces. — 379
(3) As used in this sectio n, the term: 380
(b) "Correctional institution" means any state 381
correctional institution as defined in s. 944.02 or contractor-382
operated private correctional facility as defined in s. 944.710. 383
Section 9. Paragraph (e) of subsection (1) of section 384
633.218, Florida Statutes, is amended to read: 385
633.218 Inspections of state buildings and premises; tests 386
of firesafety equipment; building plans to be approved. — 387
(1) 388
(e) For purposes of this section: 389
1.a. The term "high -hazard occupancy" means any building 390
or structure: 391
(I) That contains combustible or explosive matter or 392
flammable conditions dangerous to the safety of life or 393
property; 394
(II) At which persons receive educational instruction; 395
(III) At which persons reside, excluding private 396
dwellings; or 397
(IV) Containing three or more floor levels. 398
b. As used in this subparagraph, the phrase "building or 399
structure": 400
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(I) Includes, but is not limited to, all hospitals and 401
residential health care facilities, nursing homes and other 402
adult care facilities, correctional or detention facilities, 403
public schools, public lodging establishments, migrant labor 404
camps, residential child care facilities, and self -service 405
gasoline stations. 406
(II) Does not include any residential condominium where 407
the declaration of condominium or the bylaws provide that the 408
rental of units shall not be permitted for less than 90 days. 409
2. The term "state-owned building" includes contractor-410
operated private correctional facilities as defined under s. 411
944.710 s. 944.710(3). 412
Section 10. Paragraph (e) of subsection (2), paragraphs 413
(b) and (e) of subsection (6), and paragraph (g) of subsection 414
(10) of section 775.21, Florida Statutes, are amended to read: 415
775.21 The Florida Sexual Predators Act. — 416
(2) DEFINITIONS.—As used in this section, the term: 417
(e) "Conviction" means a determination of guilt which is 418
the result of a trial or the entry of a plea of guilty or nolo 419
contendere, regardless of whether adjudication is withheld. A 420
conviction for a similar offense includes, but is not limited 421
to, a conviction by a federal or military tribunal, including 422
courts-martial conducted by the Armed Forces of the United 423
States, and includes a conviction or entry of a plea of guilty 424
or nolo contendere resulting in a sanction in any state o f the 425
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United States or other jurisdiction. A sanction includes, but is 426
not limited to, a fine, probation, community control, parole, 427
conditional release, control release, or incarceration in a 428
state prison, federal prison, contractor-operated private 429
correctional facility, or local detention facility. 430
(6) REGISTRATION.— 431
(b) If the sexual predator is in the custody or control 432
of, or under the supervision of, the Department of Corrections, 433
or is in the custody of a contractor-operated private 434
correctional facility, the sexual predator shall register with 435
the Department of Corrections. A sexual predator who is under 436
the supervision of the Department of Corrections but who is not 437
incarcerated shall register with the Department of Corrections 438
within 3 business days after the court finds the offender to be 439
a sexual predator. The Department of Corrections shall provide 440
to the department registration information and the location of, 441
and local telephone number for, any Department of Corrections 442
office that is responsible for supervising the sexual predator. 443
In addition, the Department of Corrections shall notify the 444
department if the sexual predator escapes or absconds from 445
custody or supervision or if the sexual predator dies. 446
(e)1. If the sexual predator is not in the custody or 447
control of, or under the supervision of, the Department of 448
Corrections or is not in the custody of a contractor-operated 449
private correctional facility, the sexual predator shall 450
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register in person: 451
a. At the sheriff's office in the cou nty where he or she 452
establishes or maintains a residence within 48 hours after 453
establishing or maintaining a residence in this state; and 454
b. At the sheriff's office in the county where he or she 455
was designated a sexual predator by the court within 48 hou rs 456
after such finding is made. 457
2. Any change that occurs after the sexual predator 458
registers in person at the sheriff's office as provided in 459
subparagraph 1. in any of the following information related to 460
the sexual predator must be reported as provided in paragraphs 461
(g), (i), and (j): permanent, temporary, or transient residence; 462
name; vehicles owned; electronic mail addresses; Internet 463
identifiers and each Internet identifier's corresponding website 464
homepage or application software name; home and cellul ar 465
telephone numbers; employment information; and change in status 466
at an institution of higher education. When a sexual predator 467
registers with the sheriff's office, the sheriff shall take a 468
photograph, a set of fingerprints, and palm prints of the 469
predator and forward the photographs, palm prints, and 470
fingerprints to the department, along with the information that 471
the predator is required to provide pursuant to this section. 472
(10) PENALTIES.— 473
(g) Any person who has reason to believe that a sexual 474
predator is not complying, or has not complied, with the 475
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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
requirements of this section and who, with the intent to assist 476
the sexual predator in eluding a law enforcement agency that is 477
seeking to find the sexual predator to question the sexual 478
predator about, or to arrest the sexual predator for, his or her 479
noncompliance with the requirements of this section: 480
1. Withholds information from, or does not notify, the law 481
enforcement agency about the sexual predator's noncompliance 482
with the requirements of this sect ion, and, if known, the 483
whereabouts of the sexual predator; 484
2. Harbors, or attempts to harbor, or assists another 485
person in harboring or attempting to harbor, the sexual 486
predator; 487
3. Conceals or attempts to conceal, or assists another 488
person in concealing or attempting to conceal, the sexual 489
predator; or 490
4. Provides information to the law enforcement agency 491
regarding the sexual predator which the person knows to be false 492
information, 493
494
commits a felony of the third degree, punishable as provided in 495
s. 775.082, s. 775.083, or s. 775.084. This paragraph does not 496
apply if the sexual predator is incarcerated in or is in the 497
custody of a state correctional facility, a contractor-operated 498
private correctional facility, a local jail, or a federal 499
correctional facility. 500
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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
Section 11. Paragraph (a) of subsection (3) and paragraph 501
(a) of subsection (4) of section 775.261, Florida Statutes, are 502
amended to read: 503
775.261 The Florida Career Offender Registration Act. — 504
(3) CRITERIA FOR REGISTRATION AS A CAREER OF FENDER.— 505
(a) A career offender released on or after July 1, 2002, 506
from a sanction imposed in this state must register as required 507
under subsection (4) and is subject to community and public 508
notification as provided under subsection (5). For purposes of 509
this section, a sanction imposed in this state includes, but is 510
not limited to, a fine, probation, community control, parole, 511
conditional release, control release, or incarceration in a 512
state prison, contractor-operated private correctional facility, 513
or local detention facility, and: 514
1. The career offender has not received a pardon for any 515
felony or other qualified offense that is necessary for the 516
operation of this paragraph; or 517
2. A conviction of a felony or other qualified offense 518
necessary to the operation of this paragraph has not been set 519
aside in any postconviction proceeding. 520
(4) REGISTRATION.— 521
(a) A career offender must register with the department by 522
providing the following information to the department, or to the 523
sheriff's office in the county in which the career offender 524
establishes or maintains a permanent or temporary residence, 525
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within 2 working days after establishing permanent or temporary 526
residence in this state or within 2 working days after being 527
released from the custody, control, or supervision of the 528
Department of Corrections or from the custody of a contractor-529
operated private correctional facility: 530
1. Name, social security number, age, race, gender, date 531
of birth, height, weight, hair and eye color, photogra ph, 532
address of legal residence and address of any current temporary 533
residence within the state or out of state, including a rural 534
route address or a post office box, date and place of any 535
employment, date and place of each conviction, fingerprints, and 536
a brief description of the crime or crimes committed by the 537
career offender. A career offender may not provide a post office 538
box in lieu of a physical residential address. If the career 539
offender's place of residence is a motor vehicle, trailer, 540
mobile home, or manufactured home, as defined in chapter 320, 541
the career offender shall also provide to the department written 542
notice of the vehicle identification number; the license tag 543
number; the registration number; and a description, including 544
color scheme, of the motor vehicle, trailer, mobile home, or 545
manufactured home. If a career offender's place of residence is 546
a vessel, live-aboard vessel, or houseboat, as defined in 547
chapter 327, the career offender shall also provide to the 548
department written notice of the h ull identification number; the 549
manufacturer's serial number; the name of the vessel, live -550
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aboard vessel, or houseboat; the registration number; and a 551
description, including color scheme, of the vessel, live -aboard 552
vessel, or houseboat. 553
2. Any other information determined necessary by the 554
department, including criminal and corrections records; 555
nonprivileged personnel and treatment records; and evidentiary 556
genetic markers when available. 557
Section 12. Subsection (1) of section 784.078, Florida 558
Statutes, is amended to read: 559
784.078 Battery of facility employee by throwing, tossing, 560
or expelling certain fluids or materials. — 561
(1) As used in this section, the term "facility" means a 562
state correctional institution defined in s. 944.02(8); a 563
contractor-operated private correctional facility defined in s. 564
944.710 or under chapter 957; a county, municipal, or regional 565
jail or other detention facility of local government under 566
chapter 950 or chapter 951; or a secure facility operated and 567
maintained by the Depart ment of Corrections or the Department of 568
Juvenile Justice. 569
Section 13. Subsection (1) of section 800.09, Florida 570
Statutes, is amended to read: 571
800.09 Lewd or lascivious exhibition in the presence of an 572
employee.— 573
(1) As used in this section, the te rm: 574
(a) "Employee" means: 575
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1. Any person employed by or performing contractual 576
services for a public or private entity operating a state 577
correctional institution or contractor-operated private 578
correctional facility; 579
2. Any person employed by or perfor ming contractual 580
services for the corporation operating the prison industry 581
enhancement programs or the correctional work programs under 582
part II of chapter 946; 583
3. Any person who is a parole examiner with the Florida 584
Commission on Offender Review; or 585
4. Any person employed at or performing contractual 586
services for a county detention facility. 587
(b) "Facility" means a state correctional institution as 588
defined in s. 944.02, a contractor-operated private correctional 589
facility as defined in s. 944.710, or a county detention 590
facility as defined in s. 951.23. 591
Section 14. Paragraphs (b) and (h) of subsection (1) and 592
paragraph (a) of subsection (2) of section 943.0435, Florida 593
Statutes, are amended to read: 594
943.0435 Sexual offenders required to register wi th the 595
department; penalty. — 596
(1) As used in this section, the term: 597
(b) "Convicted" means that there has been a determination 598
of guilt as a result of a trial or the entry of a plea of guilty 599
or nolo contendere, regardless of whether adjudication is 600
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withheld, and includes an adjudication of delinquency of a 601
juvenile as specified in this section. Conviction of a similar 602
offense includes, but is not limited to, a conviction by a 603
federal or military tribunal, including courts -martial conducted 604
by the Armed Forces of the United States, and includes a 605
conviction or entry of a plea of guilty or nolo contendere 606
resulting in a sanction in any state of the United States or 607
other jurisdiction. A sanction includes, but is not limited to, 608
a fine, probation, community control, parole, conditional 609
release, control release, or incarceration in a state prison, 610
federal prison, contractor-operated private correctional 611
facility, or local detention facility. 612
(h)1. "Sexual offender" means a person who meets the 613
criteria in sub-subparagraph a., sub -subparagraph b., sub -614
subparagraph c., or sub -subparagraph d., as follows: 615
a.(I) Has been convicted of committing, or attempting, 616
soliciting, or conspiring to commit, any of the criminal 617
offenses proscribed in the following statute s in this state or 618
similar offenses in another jurisdiction: s. 393.135(2); s. 619
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 620
the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 621
s. 787.06(3)(h); s. 794.011, excluding s. 794.011( 10); s. 622
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 623
810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 624
excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 625
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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
s. 895.03, if the court makes a written finding that the 626
racketeering activity involved at least one sexual offense 627
listed in this sub-sub-subparagraph or at least one offense 628
listed in this sub-sub-subparagraph with sexual intent or 629
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 630
committed in this state which has been redesignated from a 631
former statute number to one of those listed in this sub -sub-632
subparagraph; and 633
(II) Has been released on or after October 1, 1997, from a 634
sanction imposed for any conviction of an offense described in 635
sub-sub-subparagraph (I) and does not otherwise meet the 636
criteria for registration as a sexual offender under chapter 944 637
or chapter 985. For purposes of this sub -sub-subparagraph, a 638
sanction imposed in this state or in any other jurisdiction 639
means probation, communit y control, parole, conditional release, 640
control release, or incarceration in a state prison, federal 641
prison, contractor-operated private correctional facility, or 642
local detention facility. If no sanction is imposed, the person 643
is deemed to be released upon conviction; 644
b. Establishes or maintains a residence in this state and 645
who has not been designated as a sexual predator by a court of 646
this state but who has been designated as a sexual predator, as 647
a sexually violent predator, or by another sexual offend er 648
designation in another state or jurisdiction and was, as a 649
result of such designation, subjected to registration or 650
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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
community or public notification, or both, or would be if the 651
person were a resident of that state or jurisdiction, without 652
regard to whether the person otherwise meets the criteria for 653
registration as a sexual offender; 654
c. Establishes or maintains a residence in this state who 655
is in the custody or control of, or under the supervision of, 656
any other state or jurisdiction as a result of a c onviction for 657
committing, or attempting, soliciting, or conspiring to commit, 658
any of the criminal offenses proscribed in the following 659
statutes or similar offense in another jurisdiction: s. 660
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 661
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 662
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 663
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 664
s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 665
s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 666
s. 847.0145; s. 895.03, if the court makes a written finding 667
that the racketeering activity involved at least one sexual 668
offense listed in this sub -subparagraph or at least one offense 669
listed in this sub-subparagraph with sexual intent or motive; s. 670
916.1075(2); or s. 985.701(1); or any similar offense committed 671
in this state which has been redesignated from a former statute 672
number to one of those listed in this sub -subparagraph; or 673
d. On or after July 1, 2007, has been adjudicated 674
delinquent for committing, or attempting, soliciting, or 675
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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
conspiring to commit, any of the criminal offenses proscribed in 676
the following statutes in this state or similar offenses in 677
another jurisdiction when the juvenile was 1 4 years of age or 678
older at the time of the offense: 679
(I) Section 794.011, excluding s. 794.011(10); 680
(II) Section 800.04(4)(a)2. where the victim is under 12 681
years of age or where the court finds sexual activity by the use 682
of force or coercion; 683
(III) Section 800.04(5)(c)1. where the court finds 684
molestation involving unclothed genitals; 685
(IV) Section 800.04(5)(d) where the court finds the use of 686
force or coercion and unclothed genitals; or 687
(V) Any similar offense committed in this state which has 688
been redesignated from a former statute number to one of those 689
listed in this sub-subparagraph. 690
2. For all qualifying offenses listed in sub -subparagraph 691
1.d., the court shall make a written finding of the age of the 692
offender at the time of the offen se. 693
694
For each violation of a qualifying offense listed in this 695
subsection, except for a violation of s. 794.011, the court 696
shall make a written finding of the age of the victim at the 697
time of the offense. For a violation of s. 800.04(4), the court 698
shall also make a written finding indicating whether the offense 699
involved sexual activity and indicating whether the offense 700
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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
involved force or coercion. For a violation of s. 800.04(5), the 701
court shall also make a written finding that the offense did or 702
did not involve unclothed genitals or genital area and that the 703
offense did or did not involve the use of force or coercion. 704
(2) Upon initial registration, a sexual offender shall: 705
(a) Report in person at the sheriff's office: 706
1. In the county in which the off ender establishes or 707
maintains a permanent, temporary, or transient residence within 708
48 hours after: 709
a. Establishing permanent, temporary, or transient 710
residence in this state; or 711
b. Being released from the custody, control, or 712
supervision of the Depar tment of Corrections or from the custody 713
of a contractor-operated private correctional facility; or 714
2. In the county where he or she was convicted within 48 715
hours after being convicted for a qualifying offense for 716
registration under this section if the o ffender is not in the 717
custody or control of, or under the supervision of, the 718
Department of Corrections, or is not in the custody of a 719
contractor-operated private correctional facility. 720
721
Any change in the information required to be provided pursuant 722
to paragraph (b), including, but not limited to, any change in 723
the sexual offender's permanent, temporary, or transient 724
residence; name; electronic mail addresses; Internet identifiers 725
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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
and each Internet identifier's corresponding website homepage or 726
application software name; home telephone numbers and cellular 727
telephone numbers; employment information; and any change in 728
status at an institution of higher education after the sexual 729
offender reports in person at the sheriff's office must be 730
reported in the manner provided in subsections (4), (7), and 731
(8). 732
733
When a sexual offender reports at the sheriff's office, the 734
sheriff shall take a photograph, a set of fingerprints, and palm 735
prints of the offender and forward the photographs, palm prints, 736
and fingerprints to th e department, along with the information 737
provided by the sexual offender. The sheriff shall promptly 738
provide to the department the information received from the 739
sexual offender. 740
Section 15. Subsections (5) and (8) of section 943.13, 741
Florida Statutes, are amended to read: 742
943.13 Officers' minimum qualifications for employment or 743
appointment.—On or after October 1, 1984, any person employed or 744
appointed as a full-time, part-time, or auxiliary law 745
enforcement officer or correctional officer; on or after October 746
1, 1986, any person employed as a full -time, part-time, or 747
auxiliary correctional probation officer; and on or after 748
October 1, 1986, any person employed as a full -time, part-time, 749
or auxiliary correctional officer by a private entity under 750
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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
contract to the Department of Corrections or to a county 751
commission shall: 752
(5) Have documentation of his or her processed 753
fingerprints on file with the employing agency or, if a 754
contractor-employed private correctional officer, have 755
documentation of his or her processed fingerprints on file with 756
the Department of Corrections or the Criminal Justice Standards 757
and Training Commission. The department shall retain and enter 758
into the statewide automated biometric identification system 759
authorized by s. 943.05 all fing erprints submitted to the 760
department as required by this section. Thereafter, the 761
fingerprints shall be available for all purposes and uses 762
authorized for arrest fingerprints entered in the statewide 763
automated biometric identification system pursuant to s. 764
943.051. The department shall search all arrest fingerprints 765
received pursuant to s. 943.051 against the fingerprints 766
retained in the statewide automated biometric identification 767
system pursuant to this section and report to the employing 768
agency any arrest records that are identified with the retained 769
employee's fingerprints. These fingerprints must be forwarded to 770
the department for processing and retention. 771
(8) Execute and submit to the employing agency or, if a 772
contractor-employed private correctional officer, submit to the 773
appropriate governmental entity an affidavit -of-applicant form, 774
adopted by the commission, attesting to his or her compliance 775
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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
with subsections (1) -(7). The affidavit shall require the 776
applicant to disclose any pending investigation by a local, 777
state, or federal agency or entity for criminal, civil, or 778
administrative wrongdoing and whether the applicant separated or 779
resigned from previous criminal justice employment while he or 780
she was under investigation. The affidavit shall be execu ted 781
under oath and constitutes an official statement within the 782
purview of s. 837.06. The affidavit shall include conspicuous 783
language that the intentional false execution of the affidavit 784
constitutes a misdemeanor of the second degree. The affidavit 785
shall be retained by the employing agency. 786
Section 16. Paragraph (g) of subsection (2) of section 787
943.325, Florida Statutes, is amended to read: 788
943.325 DNA database. — 789
(2) DEFINITIONS.—As used in this section, the term: 790
(g) "Qualifying offender" means any person, including 791
juveniles and adults, who is: 792
1.a. Committed to a county jail; 793
b. Committed to or under the supervision of the Department 794
of Corrections, including persons incarcerated in a contractor-795
operated private correctional institution op erated under 796
contract pursuant to s. 944.105; 797
c. Committed to or under the supervision of the Department 798
of Juvenile Justice; 799
d. Transferred to this state under the Interstate Compact 800
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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
on Juveniles, part XIII of chapter 985; or 801
e. Accepted under Article IV of the Interstate Corrections 802
Compact, part III of chapter 941; and who is: 803
2.a. Convicted of any felony offense or attempted felony 804
offense in this state or of a similar offense in another 805
jurisdiction; 806
b. Convicted of a misdemeanor violation of s. 784.048, s. 807
810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 808
offense that was found, pursuant to s. 874.04, to have been 809
committed for the purpose of benefiting, promoting, or 810
furthering the interests of a crimin al gang as defined in s. 811
874.03; 812
c. Arrested for any felony offense or attempted felony 813
offense in this state; or 814
d. In the custody of a law enforcement agency and is 815
subject to an immigration detainer issued by a federal 816
immigration agency. 817
Section 17. Subsections (4), (5), and (7) of section 818
944.105, Florida Statutes, are amended to read: 819
944.105 Contractual arrangements with contractor-operated 820
private entities for operation and maintenance of correctional 821
facilities and supervision of inmates.— 822
(4) A contractor-employed private correctional officer may 823
use force only while on the grounds of a facility, while 824
transporting inmates, and while pursuing escapees from a 825
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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
facility. A contractor-employed private correctional officer may 826
use nondeadly force in the following situations: 827
(a) To prevent the commission of a felony or a 828
misdemeanor, including escape. 829
(b) To defend oneself or others against physical assault. 830
(c) To prevent serious damage to property. 831
(d) To enforce institution al regulations and orders. 832
(e) To prevent or quell a riot. 833
834
Contractor-employed Private correctional officers may carry and 835
use firearms and may use deadly force only as a last resort, and 836
then only to prevent an act that could result in death or 837
serious bodily injury to oneself or to another person. 838
(5) Contractor-employed Private correctional officers 839
shall be trained in the use of force and the use of firearms and 840
shall be trained at the contractor-operated private firm's 841
expense, at the facilities t hat train correctional officers 842
employed by the department. 843
(7) The department shall require the certification of 844
contractor-employed private correctional officers at the private 845
vendor's expense under s. 943.1395, and all such officers must 846
meet the minimum qualifications established in s. 943.13. All 847
other employees of the private vendor that perform their duties 848
at the contractor-operated private correctional facility shall 849
receive, at a minimum, the same quality and quantity of training 850
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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
as that required by the state for employees of state -operated 851
correctional facilities. All training expenses shall be the 852
responsibility of the private vendor. The department shall be 853
the contributor and recipient of all criminal background 854
information necessary for cer tification by the Criminal Justice 855
Standards and Training Commission. 856
Section 18. Subsections (1) through (4) of section 857
944.151, Florida Statutes, are amended to read: 858
944.151 Safe operation and security of correctional 859
institutions and facilities. —It is the intent of the Legislature 860
that the Department of Corrections shall be responsible for the 861
safe operation and security of the correctional institutions and 862
facilities. The safe operation and security of the state's 863
correctional institutions and fa cilities are critical to ensure 864
public safety and the safety of department employees and 865
offenders, and to contain violent and chronic offenders until 866
offenders are otherwise released from the department's custody 867
pursuant to law. The Secretary of Correcti ons shall, at a 868
minimum: 869
(1) Appoint appropriate department staff to a safety and 870
security review committee that shall evaluate new safety and 871
security technology, review and discuss current issues impacting 872
state and contractor-operated private correctional institutions 873
and facilities, and review and discuss other issues as requested 874
by department management. 875
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(2) Direct appropriate department staff to establish a 876
periodic schedule for the physical inspection of buildings and 877
structures of each state an d contractor-operated private 878
correctional institution and facility to determine safety and 879
security deficiencies. In scheduling the inspections, priority 880
shall be given to older institutions and facilities; 881
institutions and facilities that house a large p roportion of 882
violent offenders; institutions and facilities that have 883
experienced a significant number of inappropriate incidents of 884
use of force on inmates, assaults on employees, or inmate sexual 885
abuse; and institutions and facilities that have experienc ed a 886
significant number of escapes or escape attempts in the past. 887
(3) Direct appropriate department staff to conduct or 888
cause to be conducted announced and unannounced comprehensive 889
security audits of all state and contractor-operated private 890
correctional institutions and facilities. Priority shall be 891
given to those institutions and facilities that have experienced 892
a significant number of inappropriate incidents of use of force 893
on inmates, assaults on employees, or sexual abuse. At a 894
minimum, the audit m ust include an evaluation of the physical 895
plant, landscaping, fencing, security alarms and perimeter 896
lighting, and confinement, arsenal, key and lock, and entrance 897
and exit policies. The evaluation of the physical plant policies 898
must include the identifica tion of blind spots or areas where 899
staff or inmates may be isolated and the deployment of video 900
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monitoring systems and other appropriate monitoring technologies 901
in such spots or areas. Each correctional institution and 902
facility shall be audited at least an nually. The secretary shall 903
annually report the audit findings to the Governor and the 904
Legislature. 905
(4) Direct appropriate department staff to investigate and 906
evaluate the usefulness and dependability of existing safety and 907
security technology at state a nd contractor-operated private 908
correctional institutions and facilities, investigate and 909
evaluate new available safety and security technology, and make 910
periodic written recommendations to the secretary on the 911
discontinuation or purchase of various safety and security 912
devices. 913
Section 19. Paragraph (b) of subsection (3) of section 914
944.17, Florida Statutes, is amended to read: 915
944.17 Commitments and classification; transfers. — 916
(3) 917
(b) Notwithstanding paragraph (a), any prisoner 918
incarcerated in the s tate correctional system or contractor-919
operated private correctional facility operated pursuant to 920
chapter 957 who is convicted in circuit or county court of a 921
crime committed during that incarceration shall serve the 922
sentence imposed for that crime within the state correctional 923
system regardless of the length of sentence or classification of 924
the offense. 925
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Section 20. Paragraph (b) of subsection (3) of section 926
944.35, Florida Statutes, is amended to read: 927
944.35 Authorized use of force; malicious batte ry and 928
sexual misconduct prohibited; reporting required; penalties. — 929
(3) 930
(b)1. As used in this paragraph, the term: 931
a.b. "Contractor-operated Private correctional facility" 932
has the same meaning as in s. 944.710. 933
b.a. "Female genitals" includes the labia minora, labia 934
majora, clitoris, vulva, hymen, and vagina. 935
c. "Sexual misconduct" means the oral, anal, or female 936
genital penetration by, or union with, the sexual organ of 937
another or the anal or female genital penet ration of another by 938
any other object, but does not include an act done for a bona 939
fide medical purpose or an internal search conducted in the 940
lawful performance of the employee's duty. 941
d. "Volunteer" means a person registered with the 942
department or a contractor-operated private correctional 943
facility who is engaged in specific voluntary service activities 944
on an ongoing or continual basis. 945
2. Any employee of the department or a contractor-operated 946
private correctional facility or any volunteer in, or any 947
employee of a contractor or subcontractor of, the department or 948
a contractor-operated private correctional facility who engages 949
in sexual misconduct with an inmate or an offender supervised by 950
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the department in the community, without committing the crime of 951
sexual battery, commits a felony of the third degree, punishable 952
as provided in s. 775.082, s. 775.083, or s. 775.084. 953
3. The consent of the inmate or offender supervised by the 954
department in the community to any act of sexual misconduct may 955
not be raised as a defense to a prosecution under this 956
paragraph. 957
4. This paragraph does not apply to any employee, 958
volunteer, or employee of a contractor or subcontractor of the 959
department or any employee, volunteer, or employee of a 960
contractor or subcontractor of a contractor-operated private 961
correctional facility who is legally married to an inmate or an 962
offender supervised by the department in the community, nor does 963
it apply to any employee, volunteer, or employee of a contractor 964
or subcontractor who has no k nowledge, and would have no reason 965
to believe, that the person with whom the employee, volunteer, 966
or employee of a contractor or subcontractor has engaged in 967
sexual misconduct is an inmate or an offender under community 968
supervision of the department. 969
Section 21. Section 944.40, Florida Statutes, is amended 970
to read: 971
944.40 Escapes; penalty. —Any prisoner confined in, or 972
released on furlough from, any prison, jail, contractor-operated 973
private correctional facility, road camp, or other penal 974
institution, whether operated by the state, a county, or a 975
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municipality, or operated under a contract with the state, a 976
county, or a municipality, working upon the public roads, or 977
being transported to or from a place of confinement who escapes 978
or attempts to escape fr om such confinement commits a felony of 979
the second degree, punishable as provided in s. 775.082, s. 980
775.083, or s. 775.084. The punishment of imprisonment imposed 981
under this section shall run consecutive to any former sentence 982
imposed upon any prisoner. 983
Section 22. Subsections (1) and (2) of section 944.605, 984
Florida Statutes, are amended to read: 985
944.605 Inmate release; notification; identification 986
card.— 987
(1) Within 6 months before the release of an inmate from 988
the custody of the Department of Corre ctions or a contractor-989
operated private correctional facility by expiration of sentence 990
under s. 944.275, any release program provided by law, or parole 991
under chapter 947, or as soon as possible if the offender is 992
released earlier than anticipated, notification of such 993
anticipated release date shall be made known by the Department 994
of Corrections to the chief judge of the circuit in which the 995
offender was sentenced, the appropriate state attorney, the 996
original arresting law enforcement agency, the Department of Law 997
Enforcement, and the sheriff as chief law enforcement officer of 998
the county in which the inmate plans to reside. In addition, 999
unless otherwise requested by the victim, the victim's parent or 1000
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guardian if the victim is a minor, the lawful representative of 1001
the victim or of the victim's parent or guardian if the victim 1002
is a minor, the victim's next of kin in the case of a homicide, 1003
the state attorney or the Department of Corrections, whichever 1004
is appropriate, shall notify such person within 6 months before 1005
the inmate's release, or as soon as possible if the offender is 1006
released earlier than anticipated, when the name and address of 1007
such victim, or the name and address of the parent, guardian, 1008
next of kin, or lawful representative of the victim has been 1009
furnished to the agency. The state attorney shall provide the 1010
latest address documented for the victim, or for the victim's 1011
parent, guardian, next of kin, or lawful representative, as 1012
applicable, to the sheriff wit h the other documents required by 1013
law for the delivery of inmates to those agencies for service of 1014
sentence. Upon request, within 30 days after an inmate is 1015
approved for community work release, the state attorney, the 1016
victim, the victim's parent or guardia n if the victim is a 1017
minor, the victim's next of kin in the case of a homicide, or 1018
the lawful representative of the victim or of the victim's 1019
parent or guardian if the victim is a minor shall be notified 1020
that the inmate has been approved for community work release. 1021
This section does not imply any repeal or modification of any 1022
provision of law relating to notification of victims. 1023
(2) Within 60 days before the anticipated release of an 1024
inmate under subsection (1), a digitized photograph of the 1025
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inmate to be released shall be made by the Department of 1026
Corrections or a contractor-operated private correctional 1027
facility, whichever has custody of the inmate. If a contractor-1028
operated private correctional facility makes the digitized 1029
photograph, this photograph shal l be provided to the Department 1030
of Corrections. Additionally, the digitized photograph, whether 1031
made by the Department of Corrections or a contractor-operated 1032
private correctional facility, shall be placed in the inmate's 1033
file. The Department of Correction s shall make the digitized 1034
photograph available electronically to the Department of Law 1035
Enforcement as soon as the digitized photograph is in the 1036
department's database and must be in a format that is compatible 1037
with the requirements of the Florida Crime In formation Center. 1038
The department shall provide a copy of the digitized photograph 1039
to a local law enforcement agency upon request. 1040
Section 23. Paragraph (a) of subsection (1) and paragraph 1041
(a) of subsection (3) of section 944.606, Florida Statutes, are 1042
amended to read: 1043
944.606 Sexual offenders; notification upon release. — 1044
(1) As used in this section, the term: 1045
(a) "Convicted" means there has been a determination of 1046
guilt as a result of a trial or the entry of a plea of guilty or 1047
nolo contendere, regardless of whether adjudication is withheld. 1048
A conviction for a similar offense includes, but is not limited 1049
to, a conviction by a federal or military tribunal, including 1050
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courts-martial conducted by the Armed Forces of the United 1051
States, and includes a co nviction or entry of a plea of guilty 1052
or nolo contendere resulting in a sanction in any state of the 1053
United States or other jurisdiction. A sanction includes, but is 1054
not limited to, a fine; probation; community control; parole; 1055
conditional release; control release; or incarceration in a 1056
state prison, federal prison, contractor-operated private 1057
correctional facility, or local detention facility. 1058
(3)(a) The department shall provide information regarding 1059
any sexual offender who is being released after servin g a period 1060
of incarceration for any offense, as follows: 1061
1. The department shall provide: the sexual offender's 1062
name, any change in the offender's name by reason of marriage or 1063
other legal process, and any alias, if known; the correctional 1064
facility from which the sexual offender is released; the sexual 1065
offender's social security number, race, sex, date of birth, 1066
height, weight, and hair and eye color; tattoos or other 1067
identifying marks; address of any planned permanent residence or 1068
temporary residence, wi thin the state or out of state, including 1069
a rural route address and a post office box; if no permanent or 1070
temporary address, any transient residence within the state; 1071
address, location or description, and dates of any known future 1072
temporary residence withi n the state or out of state; date and 1073
county of sentence and each crime for which the offender was 1074
sentenced; a copy of the offender's fingerprints, palm prints, 1075
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and a digitized photograph taken within 60 days before release; 1076
the date of release of the sex ual offender; all electronic mail 1077
addresses and all Internet identifiers required to be provided 1078
pursuant to s. 943.0435(4)(e); employment information, if known, 1079
provided pursuant to s. 943.0435(4)(e); all home telephone 1080
numbers and cellular telephone numb ers required to be provided 1081
pursuant to s. 943.0435(4)(e); information about any 1082
professional licenses the offender has, if known; and passport 1083
information, if he or she has a passport, and, if he or she is 1084
an alien, information about documents establishin g his or her 1085
immigration status. The department shall notify the Department 1086
of Law Enforcement if the sexual offender escapes, absconds, or 1087
dies. If the sexual offender is in the custody of a contractor-1088
operated private correctional facility, the facility shall take 1089
the digitized photograph of the sexual offender within 60 days 1090
before the sexual offender's release and provide this photograph 1091
to the Department of Corrections and also place it in the sexual 1092
offender's file. If the sexual offender is in the cu stody of a 1093
local jail, the custodian of the local jail shall register the 1094
offender within 3 business days after intake of the offender for 1095
any reason and upon release, and shall notify the Department of 1096
Law Enforcement of the sexual offender's release and provide to 1097
the Department of Law Enforcement the information specified in 1098
this paragraph and any information specified in subparagraph 2. 1099
that the Department of Law Enforcement requests. 1100
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2. The department may provide any other information deemed 1101
necessary, including criminal and corrections records, 1102
nonprivileged personnel and treatment records, when available. 1103
Section 24. Paragraphs (b) and (f) of subsection (1), 1104
paragraph (g) of subsection (6), and subsection (12) of section 1105
944.607, Florida Statute s, are amended to read: 1106
944.607 Notification to Department of Law Enforcement of 1107
information on sexual offenders. — 1108
(1) As used in this section, the term: 1109
(b) "Conviction" means a determination of guilt which is 1110
the result of a trial or the entry of a plea of guilty or nolo 1111
contendere, regardless of whether adjudication is withheld. 1112
Conviction of a similar offense includes, but is not limited to, 1113
a conviction by a federal or military tribunal, including 1114
courts-martial conducted by the Armed Forces of t he United 1115
States, and includes a conviction or entry of a plea of guilty 1116
or nolo contendere resulting in a sanction in any state of the 1117
United States or other jurisdiction. A sanction includes, but is 1118
not limited to, a fine; probation; community control; p arole; 1119
conditional release; control release; or incarceration in a 1120
state prison, federal prison, contractor-operated private 1121
correctional facility, or local detention facility. 1122
(f) "Sexual offender" means a person who is in the custody 1123
or control of, or under the supervision of, the department or is 1124
in the custody of a contractor-operated private correctional 1125
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facility: 1126
1. On or after October 1, 1997, as a result of a 1127
conviction for committing, or attempting, soliciting, or 1128
conspiring to commit, any of t he criminal offenses proscribed in 1129
the following statutes in this state or similar offenses in 1130
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 1131
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 1132
787.06(3)(b), (d), (f), or (g); f ormer s. 787.06(3)(h); s. 1133
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1134
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1135
827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1136
847.0137; s. 847.0138; s. 847.0145; s. 89 5.03, if the court 1137
makes a written finding that the racketeering activity involved 1138
at least one sexual offense listed in this subparagraph or at 1139
least one offense listed in this subparagraph with sexual intent 1140
or motive; s. 916.1075(2); or s. 985.701(1); o r any similar 1141
offense committed in this state which has been redesignated from 1142
a former statute number to one of those listed in this 1143
paragraph; or 1144
2. Who establishes or maintains a residence in this state 1145
and who has not been designated as a sexual pred ator by a court 1146
of this state but who has been designated as a sexual predator, 1147
as a sexually violent predator, or by another sexual offender 1148
designation in another state or jurisdiction and was, as a 1149
result of such designation, subjected to registration o r 1150
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community or public notification, or both, or would be if the 1151
person were a resident of that state or jurisdiction, without 1152
regard as to whether the person otherwise meets the criteria for 1153
registration as a sexual offender. 1154
(6) The information provided to the Department of Law 1155
Enforcement must include: 1156
(g) A digitized photograph of the sexual offender which 1157
must have been taken within 60 days before the offender is 1158
released from the custody of the department or a contractor-1159
operated private correctional facility by expiration of sentence 1160
under s. 944.275 or must have been taken by January 1, 1998, or 1161
within 60 days after the onset of the department's supervision 1162
of any sexual offender who is on probation, community control, 1163
conditional release, parole, provisional release, or control 1164
release or who is supervised by the department under the 1165
Interstate Compact Agreement for Probationers and Parolees. If 1166
the sexual offender is in the custody of a contractor-operated 1167
private correctional facility, the facility shall take a 1168
digitized photograph of the sexual offender within the time 1169
period provided in this paragraph and shall provide the 1170
photograph to the department. 1171
1172
If any information provided by the department changes during th e 1173
time the sexual offender is under the department's control, 1174
custody, or supervision, including any change in the offender's 1175
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name by reason of marriage or other legal process, the 1176
department shall, in a timely manner, update the information and 1177
provide it to the Department of Law Enforcement in the manner 1178
prescribed in subsection (2). 1179
(12) Any person who has reason to believe that a sexual 1180
offender is not complying, or has not complied, with the 1181
requirements of this section and who, with the intent to as sist 1182
the sexual offender in eluding a law enforcement agency that is 1183
seeking to find the sexual offender to question the sexual 1184
offender about, or to arrest the sexual offender for, his or her 1185
noncompliance with the requirements of this section: 1186
(a) Withholds information from, or does not notify, the 1187
law enforcement agency about the sexual offender's noncompliance 1188
with the requirements of this section, and, if known, the 1189
whereabouts of the sexual offender; 1190
(b) Harbors, or attempts to harbor, or assists another 1191
person in harboring or attempting to harbor, the sexual 1192
offender; or 1193
(c) Conceals or attempts to conceal, or assists another 1194
person in concealing or attempting to conceal, the sexual 1195
offender; or 1196
(d) Provides information to the law enforcement agency 1197
regarding the sexual offender which the person knows to be false 1198
information, 1199
1200
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commits a felony of the third degree, punishable as provided in 1201
s. 775.082, s. 775.083, or s. 775.084. This subsection does not 1202
apply if the sexual offender is incarcerat ed in or is in the 1203
custody of a state correctional facility, a contractor-operated 1204
private correctional facility, a local jail, or a federal 1205
correctional facility. 1206
Section 25. Subsection (1) and paragraph (e) of subsection 1207
(5) of section 944.608, Flori da Statutes, are amended to read: 1208
944.608 Notification to Department of Law Enforcement of 1209
information on career offenders. — 1210
(1) As used in this section, the term "career offender" 1211
means a person who is in the custody or control of, or under the 1212
supervision of, the department or is in the custody or control 1213
of, or under the supervision of, a contractor-operated private 1214
correctional facility, and who is designated as a habitual 1215
violent felony offender, a violent career criminal, or a three -1216
time violent felony offender under s. 775.084 or as a prison 1217
releasee reoffender under s. 775.082(9). 1218
(5) The information provided to the Department of Law 1219
Enforcement must include: 1220
(e) A digitized photograph of the career offender, which 1221
must have been taken within 60 days before the career offender 1222
is released from the custody of the department or a contractor-1223
operated private correctional facility or within 60 days after 1224
the onset of the department's supervision of any career offender 1225
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who is on probation, communit y control, conditional release, 1226
parole, provisional release, or control release. If the career 1227
offender is in the custody or control of, or under the 1228
supervision of, a contractor-operated private correctional 1229
facility, the facility shall take a digitized p hotograph of the 1230
career offender within the time period provided in this 1231
paragraph and shall provide the photograph to the department. 1232
Section 26. Subsection (1) and paragraph (a) of subsection 1233
(3) of section 944.609, Florida Statutes, are amended to r ead: 1234
944.609 Career offenders; notification upon release. — 1235
(1) As used in this section, the term "career offender" 1236
means a person who is in the custody or control of, or under the 1237
supervision of, the department or is in the custody or control 1238
of, or under the supervision of a contractor-operated private 1239
correctional facility, who is designated as a habitual violent 1240
felony offender, a violent career criminal, or a three -time 1241
violent felony offender under s. 775.084 or as a prison releasee 1242
reoffender under s. 775.082(9). 1243
(3)(a) The department must provide information regarding 1244
any career offender who is being released after serving a period 1245
of incarceration for any offense, as follows: 1246
1. The department must provide the career offender's name, 1247
any change in the career offender's name by reason of marriage 1248
or other legal process, and any alias, if known; the 1249
correctional facility from which the career offender is 1250
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released; the career offender's social security number, race, 1251
gender, date of birth, height, weight, and hair and eye color; 1252
date and county of sentence and each crime for which the career 1253
offender was sentenced; a copy of the career offender's 1254
fingerprints and a digitized photograph taken within 60 days 1255
before release; the date of release of the career offender; and 1256
the career offender's intended residence address, if known. The 1257
department shall notify the Department of Law Enforcement if the 1258
career offender escapes, absconds, or dies. If the career 1259
offender is in the custody of a contractor-operated private 1260
correctional facility, the facility shall take the digitized 1261
photograph of the career offender within 60 days before the 1262
career offender's release and provide this photograph to the 1263
Department of Corrections and also place it in the career 1264
offender's file. If the career offender is in the custody of a 1265
local jail, the custodian of the local jail shall notify the 1266
Department of Law Enforcement of the career offender's release 1267
and provide to the Department of Law Enforcement the information 1268
specified in this paragraph and any information specified in 1269
subparagraph 2. which the Department of Law Enforcement 1270
requests. 1271
2. The department may provide any other information deemed 1272
necessary, including criminal and corrections records and 1273
nonprivileged personnel and treatment records, when available. 1274
Section 27. Section 944.7031, Florida Statutes, is amended 1275
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to read: 1276
944.7031 Eligible inmates released from contractor-1277
operated private correctional facilities. — 1278
(1) It is the intent of the Legislature that state inmates 1279
nearing release from a contractor-operated private correctional 1280
facility managed under chapter 957 are eligible for assistance 1281
under ss. 944.701-944.708, and all laws that provide for or 1282
mandate transition assistance services to inmates nearing 1283
release also apply to inmates who reside in contractor-operated 1284
private correctional facilities. 1285
(2) To assist an inmate nearing release from a contractor-1286
operated private correctional facility, the department and the 1287
transition assistance specialist shall coordinate with a 1288
designated staff person at each contractor-operated private 1289
correctional facility to ensure that a state inmate released 1290
from the contractor-operated private correctional facility is 1291
informed of and provided with the same level of transition 1292
assistance services that are provided by the department for an 1293
inmate in a state correctional facility. Any inmate released 1294
from a contractor-operated private correctional facility shall 1295
also have equal access to placement consideration in a 1296
contracted substance abuse transition housing program, including 1297
those programs that have a faith -based component. 1298
Section 28. Section 944.714, Florida Statutes, is amended 1299
to read: 1300
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944.714 Quality assurance and standards of operation.— 1301
(1) The level and quality of programs provided by a 1302
private vendor at a contractor-operated private correctional 1303
facility must be at least equal to programs provided at a 1304
correctional facility operated by the department that houses 1305
similar types of inmates and must be at a cost that provides the 1306
state with a substantial savings, as determined by a private 1307
accounting firm selected by the Department of Corrections. 1308
(2) All contractor-employed private correctional officers 1309
employed by a private vendor must be certified, at the private 1310
vendor's expense, as having met the minimum qualifications 1311
established for correctional officers under s. 943.13. 1312
(3) Pursuant to the terms of the contract, a private 1313
vendor shall design, con struct, and operate a contractor-1314
operated private correctional facility in accordance with the 1315
standards established by the American Correctional Association 1316
and approved by the department at the time of the contract. In 1317
addition, a contractor-operated private correctional facility 1318
shall meet any higher standard mandated in the full or partial 1319
settlement of any litigation challenging the constitutional 1320
conditions of confinement to which the department is a named 1321
defendant. The standards required under a con tract for operating 1322
a contractor-operated private correctional facility may be 1323
higher than the standards required for accreditation by the 1324
American Correctional Association. A private vendor shall comply 1325
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with all federal and state constitutional requiremen ts, federal, 1326
state, and local laws, department rules, and all court orders. 1327
Section 29. Section 944.715, Florida Statutes, is amended 1328
to read: 1329
944.715 Delegation of authority. — 1330
(1) A private vendor shall incarcerate all inmates 1331
assigned to the contractor-operated private correctional 1332
facility by the department and as specified in the contract. The 1333
department may not exceed the maximum occupancy designated for 1334
the facility in the contract. 1335
(2) Inmates incarcerated in a contractor-operated private 1336
correctional facility are in the legal custody of the 1337
department. A private vendor may not award gain -time or release 1338
credits, determine inmate eligibility for furlough or work 1339
release, calculate inmate release dates, approve inmate 1340
transfers, place inmates in less restrictive custody than that 1341
ordered by the department or approve inmate work assignments. A 1342
private vendor may not benefit financially from the labor of 1343
inmates except to the extent authorized under chapter 946. 1344
Section 30. Section 944.716, Florida Statutes, is amended 1345
to read: 1346
944.716 Contract termination and control of a correctional 1347
facility by the department. —A detailed plan shall be provided by 1348
a private vendor under which the department shall assume control 1349
of a contractor-operated private correctional facility upon 1350
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termination of the contract. The department may terminate the 1351
contract with cause after written notice of material 1352
deficiencies and after 60 workdays in order to correct the 1353
material deficiencies. If any event occurs that i nvolves the 1354
noncompliance with or violation of contract terms and that 1355
presents a serious threat to the safety, health, or security of 1356
the inmates, employees, or the public, the department may 1357
temporarily assume control of the contractor-operated private 1358
correctional facility. A plan shall also be provided by a 1359
private vendor for the purchase and assumption of operations of 1360
a correctional facility by the department in the event of 1361
bankruptcy or the financial insolvency of the private vendor. 1362
The private vendor shall provide an emergency plan to address 1363
inmate disturbances, employee work stoppages, strikes, or other 1364
serious events in accordance with standards of the American 1365
Correctional Association. 1366
Section 31. Subsection (1) of section 944.717, Florida 1367
Statutes, is amended to read: 1368
944.717 Conflicts of interest. — 1369
(1) An employee of the department or any governmental 1370
entity that exercises any functions or responsibilities in the 1371
review or approval of a contractor-operated private correctional 1372
facility contract or the operation of a contractor-operated 1373
private correctional facility, or a member of the immediate 1374
family of any such person, may not solicit or accept, directly 1375
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or indirectly, any personal benefit or promise of a benefit from 1376
a bidder or private vendor. 1377
Section 32. Subsection (1) of section 944.718, Florida 1378
Statutes, is amended to read: 1379
944.718 Withdrawal of request for proposals. — 1380
(1) When soliciting proposals for the construction, lease, 1381
or operation of a contractor-operated private correctional 1382
facility, the department may reserve the right to withdraw the 1383
request for proposals at any time and for any reason. Receipt of 1384
proposal materials by the department or submission of a proposal 1385
to the department does not confer any rights upon the proposer 1386
or obligations upon the department. 1387
Section 33. Paragraphs (a) and (f) of subsection (1), 1388
subsection (3), and paragraph (b) of subsection (5) of section 1389
944.719, Florida Statutes, are amended to read: 1390
944.719 Adoption of rules, monitorin g, and reporting.— 1391
(1) The department shall adopt rules pursuant to chapter 1392
120 specifying criteria for contractual arrangements and 1393
standards for the operation of correctional facilities by 1394
private vendors. Such rules shall define: 1395
(a) Various categor ies of contractor-operated private 1396
correctional facilities. 1397
(f) The characteristics of inmates to be incarcerated in 1398
contractor-operated private correctional facilities. 1399
(3) The private vendor shall provide a work area at the 1400
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contractor-operated private correctional facility for use by the 1401
contract monitor appointed by the department and shall provide 1402
the monitor with access to all data, reports, and other 1403
materials that the monitor, the Auditor General, and the Office 1404
of Program Policy Analysis and Gov ernment Accountability 1405
determine are necessary to carry out monitoring and auditing 1406
responsibilities. 1407
(5) The Office of Program Policy Analysis and Government 1408
Accountability shall conduct a performance audit, including a 1409
review of the annual financial au dit of the private entity and 1410
shall deliver a report to the Legislature by February 1 of the 1411
third year following any contract awarded by the department for 1412
the operation of a correctional facility by a private vendor. 1413
(b) In preparing the report, the of fice shall consider, in 1414
addition to other factors it determines are significant: 1415
1. The extent to which the private vendor and the 1416
department have complied with the terms of the contract and ss. 1417
944.710-944.719. 1418
2. The wages and benefits that are provi ded to the staff 1419
of the contractor-operated private correctional facility as 1420
compared to wages and benefits provided to employees of the 1421
department performing comparable tasks. 1422
Section 34. Subsection (1) of section 944.72, Florida 1423
Statutes, is amended to read: 1424
944.72 Contractor-Operated Privately Operated Institutions 1425
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Inmate Welfare Trust Fund. — 1426
(1) There is hereby created in the Department of 1427
Corrections the Contractor-Operated Privately Operated 1428
Institutions Inmate Welfare Trust Fund. The purpose of the trust 1429
fund shall be the benefit and welfare of inmates incarcerated in 1430
contractor-operated private correctional facilities under 1431
contract with the department pursuant to this chapter or chapter 1432
957. Moneys shall be deposited in the trust fund and 1433
expenditures made from the trust fund as provided in s. 945.215. 1434
Section 35. Subsection (9) of section 944.801, Florida 1435
Statutes, is amended to read: 1436
944.801 Education for state prisoners. — 1437
(9) Notwithstanding s. 120.81(3), all inmates under 22 1438
years of age who qualify for special educational services and 1439
programs pursuant to the Individuals with Disabilities Education 1440
Act, 20 U.S.C. ss. 1400 et seq., and who request a due process 1441
hearing as provided by that act shall be entitled to such 1442
hearing before the Division of Administrative Hearings. 1443
Administrative law judges shall not be required to travel to 1444
state or contractor-operated private correctional institutions 1445
and facilities in order to conduct these hearings. 1446
Section 36. Subsections (1) a nd (3) of section 944.803, 1447
Florida Statutes, are amended to read: 1448
944.803 Faith- and character-based programs.— 1449
(1) The Legislature finds and declares that faith - and 1450
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character-based programs offered in state and contractor-1451
operated private correctional institutions and facilities have 1452
the potential to facilitate inmate institutional adjustment, 1453
help inmates assume personal responsibility, and reduce 1454
recidivism. 1455
(3) It is the intent of the Legislature that the 1456
department and the private vendors operat ing contractor-operated 1457
private correctional facilities continuously: 1458
(a) Measure recidivism rates for inmates who have 1459
participated in faith - and character-based programs. 1460
(b) Increase the number of volunteers who minister to 1461
inmates from various fait h-based and secular institutions in the 1462
community. 1463
(c) Develop community linkages with secular institutions 1464
as well as churches, synagogues, mosques, and other faith -based 1465
institutions to assist inmates in their release back into the 1466
community. 1467
Section 37. Paragraphs (a) and (b) of subsection (2) of 1468
section 945.10, Florida Statutes, are amended to read: 1469
945.10 Confidential information. — 1470
(2) The records and information specified in paragraphs 1471
(1)(a)-(i) may be released as follows unless expressly 1472
prohibited by federal law: 1473
(a) Information specified in paragraphs (1)(b), (d), and 1474
(f) to the Executive Office of the Governor, the Legislature, 1475
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the Florida Commission on Offender Review, the Department of 1476
Children and Families, a contractor-operated private 1477
correctional facility or program that operates under a contract, 1478
the Department of Legal Affairs, a state attorney, the court, or 1479
a law enforcement agency. A request for records or information 1480
pursuant to this paragraph need not be in writing. 1481
(b) Information specified in paragraphs (1)(c), (e), and 1482
(i) to the Executive Office of the Governor, the Legislature, 1483
the Florida Commission on Offender Review, the Department of 1484
Children and Families, a contractor-operated private 1485
correctional facility or pro gram that operates under contract, 1486
the Department of Legal Affairs, a state attorney, the court, or 1487
a law enforcement agency. A request for records or information 1488
pursuant to this paragraph must be in writing and a statement 1489
provided demonstrating a need f or the records or information. 1490
1491
Records and information released under this subsection remain 1492
confidential and exempt from the provisions of s. 119.07(1) and 1493
s. 24(a), Art. I of the State Constitution when held by the 1494
receiving person or entity. 1495
Section 38. Subsection (3) of section 945.215, Florida 1496
Statutes, is amended to read: 1497
945.215 Inmate welfare and employee benefit trust funds. — 1498
(3) CONTRACTOR-OPERATED PRIVATELY OPERATED INSTITUTIONS 1499
INMATE WELFARE TRUST FUND; CONTRACTOR-OPERATED PRIVATE 1500
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CORRECTIONAL FACILITIES. — 1501
(a) For purposes of this subsection, contractor-operated 1502
privately operated institutions or contractor-operated private 1503
correctional facilities are those correctional facilities under 1504
contract with the department pursuant to chapter 944 or chapter 1505
957. 1506
(b)1. The net proceeds derived from inmate canteens, 1507
vending machines used primarily by inmates, telephone 1508
commissions, and similar sources at contractor-operated private 1509
correctional facilities shall be deposited in the Contractor-1510
Operated Privately Operated Institutions Inmate Welfare Trust 1511
Fund. 1512
2. Funds in the Contractor-Operated Privately Operated 1513
Institutions Inmate Welfare Trust Fund shall be expended only 1514
pursuant to legislative appropriation. 1515
(c) The department shall annu ally compile a report that 1516
documents Contractor-Operated Privately Operated Institutions 1517
Inmate Welfare Trust Fund receipts and expenditures at each 1518
contractor-operated private correctional facility. This report 1519
must specifically identify receipt sources a nd expenditures. The 1520
department shall compile this report for the prior fiscal year 1521
and shall submit the report by September 1 of each year to the 1522
chairs of the appropriate substantive and fiscal committees of 1523
the Senate and House of Representatives and to the Executive 1524
Office of the Governor. 1525
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Section 39. Subsections (2) and (3) of section 945.6041, 1526
Florida Statutes, are amended to read: 1527
945.6041 Inmate medical services. — 1528
(2) Compensation to a health care provider to provide 1529
inmate medical services may not exceed 110 percent of the 1530
Medicare allowable rate if the health care provider does not 1531
have a contract to provide services with the department or the 1532
contractor-operated private correctional facility, as defined in 1533
s. 944.710, which houses the inma te. However, compensation to a 1534
health care provider may not exceed 125 percent of the Medicare 1535
allowable rate if: 1536
(a) The health care provider does not have a contract to 1537
provide services with the department or the contractor-operated 1538
private correctional facility, as defined in s. 944.710, which 1539
houses the inmate; and 1540
(b) The health care provider reported a negative operating 1541
margin for the previous year to the Agency for Health Care 1542
Administration through hospital -audited financial data. 1543
(3) Compensation to an entity to provide emergency medical 1544
transportation services for inmates may not exceed 110 percent 1545
of the Medicare allowable rate if the entity does not have a 1546
contract with the department or a contractor-operated private 1547
correctional facility, as defined in s. 944.710, to provide the 1548
services. 1549
Section 40. Section 946.5025, Florida Statutes, is amended 1550
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to read: 1551
946.5025 Authorization of corporation to enter into 1552
contracts.—The corporation established under this part may enter 1553
into contracts to operate correctional work programs with any 1554
county or municipal authority that operates a correctional 1555
facility or with a contractor authorized under chapter 944 or 1556
chapter 957 to operate a contractor-operated private 1557
correctional facilit y. The corporation has the same powers, 1558
privileges, and immunities in carrying out such contracts as it 1559
has under this chapter. 1560
Section 41. Section 946.503, Florida Statutes, is amended 1561
to read: 1562
946.503 Definitions to be used with respect to 1563
correctional work programs.—As used in this part, the term: 1564
(1)(6) "Contractor-operated Private correctional facility" 1565
means a facility authorized by chapter 944 or chapter 957. 1566
(2)(1) "Corporation" means the private nonprofit 1567
corporation established pursuant to s. 946.504(1), or a private 1568
nonprofit corporation whose sole member is the private nonprofit 1569
corporation established pursuant to s. 946.504(1), and at least 1570
51 percent of the board of which contains members of the board 1571
of directors of the private nonpr ofit corporation established 1572
pursuant to s. 946.504(1), to carry out this part. 1573
(3)(2) "Correctional work program" means any program 1574
presently a part of the prison industries program operated by 1575
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the department or any other correctional work program carri ed on 1576
at any state correctional facility presently or in the future, 1577
but the term does not include any program authorized by s. 1578
945.091 or s. 946.40. 1579
(4)(3) "Department" means the Department of Corrections. 1580
(5)(4) "Facilities" means the buildings and l and used in 1581
the operation of an industry program on state property. 1582
(6)(5) "Inmate" means any person incarcerated within any 1583
state, county, municipal, or contractor-operated private 1584
correctional facility. 1585
Section 42. Subsection (6) of section 951.062 , Florida 1586
Statutes, is amended to read: 1587
951.062 Contractual arrangements for operation and 1588
maintenance of county detention facilities. — 1589
(6) Contractor-employed Private correctional officers 1590
responsible for supervising inmates within the facility shall 1591
meet the requirements necessary for certification by the 1592
Criminal Justice Standards and Training Commission pursuant to 1593
s. 943.1395. However, expenses for such training shall be the 1594
responsibility of the private entity. 1595
Section 43. Section 951.063, Flo rida Statutes, is amended 1596
to read: 1597
951.063 Contractor-operated privately operated county 1598
correctional facilities. —Each contractor-employed private 1599
correctional officer employed by a private entity under contract 1600
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to a county commission must be certified a s a correctional 1601
officer under s. 943.1395 and must meet the minimum 1602
qualifications established in s. 943.13. The county shall 1603
provide to the Criminal Justice Standards and Training 1604
Commission all necessary fingerprints for Florida Department of 1605
Law Enforcement and Federal Bureau of Investigation background 1606
checks. The Criminal Justice Standards and Training Commission 1607
shall advise the county as to those employees whose 1608
certification has been denied or revoked. Neither the county nor 1609
the private entity shal l be the direct recipient of criminal 1610
records. 1611
Section 44. Section 957.05, Florida Statutes, is amended 1612
to read: 1613
957.05 Requirements for contractors operating contractor-1614
operated private correctional facilities. — 1615
(1) Each contractor entering into a contract under this 1616
chapter is liable in tort with respect to the care and custody 1617
of inmates under its supervision and for any breach of contract. 1618
Sovereign immunity may not be raised by a contractor, or the 1619
insurer of that contractor on the contractor's behalf, as a 1620
defense in any action arising out of the performance of any 1621
contract entered into under this chapter or as a defense in 1622
tort, or any other application, with respect to the care and 1623
custody of inmates under the contractor's supervision and for 1624
any breach of contract. 1625
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(2)(a) The training requirements, including inservice 1626
training requirements, for employees of a contractor that 1627
assumes the responsibility for the operation and maintenance of 1628
a contractor-operated private correctional facility m ust meet or 1629
exceed the requirements for similar employees of the department 1630
or the training requirements mandated for accreditation by the 1631
American Correctional Association, whichever of those 1632
requirements are the more demanding. All employee training 1633
expenses are the responsibility of the contractor. 1634
(b) Employees of a contractor who are responsible for the 1635
supervision of inmates shall have the same legal authority to 1636
rely on nondeadly and deadly force as do similar employees of 1637
the department. 1638
(3) Any contractor or person employed by a contractor 1639
operating a correctional or detention facility pursuant to a 1640
contract executed under this chapter shall be exempt from the 1641
requirements of chapter 493, relating to licensure of private 1642
investigators and securi ty officers. 1643
Section 45. Subsection (2) of section 957.06, Florida 1644
Statutes, is amended to read: 1645
957.06 Powers and duties not delegable to contractor. —A 1646
contract entered into under this chapter does not authorize, 1647
allow, or imply a delegation of auth ority to the contractor to: 1648
(2) Choose the facility to which an inmate is initially 1649
assigned or subsequently transferred. The contractor may 1650
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request, in writing, that an inmate be transferred to a facility 1651
operated by the department. The contractor and t he department 1652
shall develop and implement a cooperative agreement for 1653
transferring inmates between a correctional facility operated by 1654
the department and a contractor-operated private correctional 1655
facility. The department and the contractor must comply wit h the 1656
cooperative agreement. 1657
Section 46. Section 957.08, Florida Statutes, is amended 1658
to read: 1659
957.08 Capacity requirements. —The department shall 1660
transfer and assign prisoners to each contractor-operated 1661
private correctional facility opened pursuant to this chapter in 1662
an amount not less than 90 percent or more than 100 percent of 1663
the capacity of the facility pursuant to the contract. The 1664
prisoners transferred by the department shall represent a cross -1665
section of the general inmate population, based on the grade of 1666
custody or the offense of conviction, at the most comparable 1667
facility operated by the department. 1668
Section 47. Subsection (1) of section 957.09, Florida 1669
Statutes, is amended to read: 1670
957.09 Applicability of chapter to other provisions of 1671
law.— 1672
(1)(a) Any offense that if committed at a state 1673
correctional facility would be a crime is a crime if committed 1674
by or with regard to inmates at contractor-operated private 1675
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correctional facilities operated pursuant to a contract entered 1676
into under this chapter. 1677
(b) All laws relating to commutation of sentences, release 1678
and parole eligibility, and the award of sentence credits apply 1679
to inmates incarcerated in a contractor-operated private 1680
correctional facility operated pursuant to a contract entered 1681
into under this chapter. 1682
Section 48. Section 957.13, Florida Statutes, is amended 1683
to read: 1684
957.13 Background checks. — 1685
(1) The Florida Department of Law Enforcement may accept 1686
fingerprints of individuals who apply for employment at a 1687
contractor-operated private correctional facility and who are 1688
required to have background checks under the provisions of this 1689
chapter. 1690
(2) The Florida Department of Law Enforcement may, to the 1691
extent provided for by federal law, provide for the exchange of 1692
state, multistate, and federal criminal history records of 1693
individuals who apply for employment at a contractor-operated 1694
private correctional facility for the purpose of conducting 1695
background checks as required by law or contract. 1696
Section 49. Section 957.14, Florida Statutes, is amended 1697
to read: 1698
957.14 Contract termination and control of a correctional 1699
facility by the department. —A detailed plan shall be provided by 1700
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a private vendor under which the department shall assume 1701
temporary control of a contractor-operated private correctional 1702
facility upon termination of the contract. The department may 1703
terminate the contract with cause after written notice of 1704
material deficiencies and after 60 workdays in order to correct 1705
the material deficiencies. If any event occurs that involves the 1706
noncompliance with or violation of contract terms and that 1707
presents a serious threat to the safety, health, or security of 1708
the inmates, employees, or the public, the department may 1709
temporarily assume control of the contractor-operated private 1710
correctional facility. A plan shall also be provided by a 1711
private vendor for the purchase and temporary assumption of 1712
operations of a correctional facility by the department in the 1713
event of bankruptcy or the financial insolvency of the pr ivate 1714
vendor. The private vendor shall provide an emergency plan to 1715
address inmate disturbances, employee work stoppages, strikes, 1716
or other serious events in accordance with standards of the 1717
American Correctional Association. 1718
Section 50. Paragraph (p) of subsection (1) of section 1719
960.001, Florida Statutes, is amended to read: 1720
960.001 Guidelines for fair treatment of victims and 1721
witnesses in the criminal justice and juvenile justice systems. — 1722
(1) The Department of Legal Affairs, the state attorneys, 1723
the Department of Corrections, the Department of Juvenile 1724
Justice, the Florida Commission on Offender Review, the State 1725
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Courts Administrator and circuit court administrators, the 1726
Department of Law Enforcement, and every sheriff's department, 1727
police department, or other law enforcement agency as defined in 1728
s. 943.10(4) shall develop and implement guidelines for the use 1729
of their respective agencies, which guidelines are consistent 1730
with the purposes of this act and s. 16(b), Art. I of the State 1731
Constitution and are designed to implement s. 16(b), Art. I of 1732
the State Constitution and to achieve the following objectives: 1733
(p) Information concerning escape from a state 1734
correctional institution, county jail, juvenile detention 1735
facility, or residential commitment f acility.—In any case where 1736
an offender escapes from a state correctional institution, 1737
contractor-operated private correctional facility, county jail, 1738
juvenile detention facility, or residential commitment facility, 1739
the institution of confinement shall imme diately notify the 1740
state attorney of the jurisdiction where the criminal charge or 1741
petition for delinquency arose and the judge who imposed the 1742
sentence of incarceration. The state attorney shall thereupon 1743
make every effort to notify the victim, material w itness, 1744
parents or legal guardian of a minor who is a victim or witness, 1745
or immediate relatives of a homicide victim of the escapee. The 1746
state attorney shall also notify the sheriff of the county where 1747
the criminal charge or petition for delinquency arose. The 1748
sheriff shall offer assistance upon request. When an escaped 1749
offender is subsequently captured or is captured and returned to 1750
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the institution of confinement, the institution of confinement 1751
shall again immediately notify the appropriate state attorney 1752
and sentencing judge pursuant to this section. 1753
Section 51. Paragraph (a) of subsection (3) of section 1754
985.481, Florida Statutes, is amended to read: 1755
985.481 Sexual offenders adjudicated delinquent; 1756
notification upon release. — 1757
(3)(a) The department shall provide information regarding 1758
any sexual offender who is being released after serving a period 1759
of residential commitment under the department for any offense, 1760
as follows: 1761
1. The department shall provide the sexual offender's 1762
name, any change in the offender's name by reason of marriage or 1763
other legal process, and any alias, if known; the correctional 1764
facility from which the sexual offender is released; the sexual 1765
offender's social security number, race, sex, date of birth, 1766
height, weight, and hair a nd eye color; tattoos or other 1767
identifying marks; the make, model, color, vehicle 1768
identification number (VIN), and license tag number of all 1769
vehicles owned; address of any planned permanent residence or 1770
temporary residence, within the state or out of state , including 1771
a rural route address and a post office box; if no permanent or 1772
temporary address, any transient residence within the state; 1773
address, location or description, and dates of any known future 1774
temporary residence within the state or out of state; d ate and 1775
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county of disposition and each crime for which there was a 1776
disposition; a copy of the offender's fingerprints, palm prints, 1777
and a digitized photograph taken within 60 days before release; 1778
the date of release of the sexual offender; all home telepho ne 1779
numbers and cellular telephone numbers required to be provided 1780
pursuant to s. 943.0435(4)(e); all electronic mail addresses and 1781
Internet identifiers required to be provided pursuant to s. 1782
943.0435(4)(e); information about any professional licenses the 1783
offender has, if known; and passport information, if he or she 1784
has a passport, and, if he or she is an alien, information about 1785
documents establishing his or her immigration status. The 1786
department shall notify the Department of Law Enforcement if the 1787
sexual offender escapes, absconds, or dies. If the sexual 1788
offender is in the custody of a contractor-operated private 1789
correctional facility, the facility shall take the digitized 1790
photograph of the sexual offender within 60 days before the 1791
sexual offender's relea se and also place it in the sexual 1792
offender's file. If the sexual offender is in the custody of a 1793
local jail, the custodian of the local jail shall register the 1794
offender within 3 business days after intake of the offender for 1795
any reason and upon release, a nd shall notify the Department of 1796
Law Enforcement of the sexual offender's release and provide to 1797
the Department of Law Enforcement the information specified in 1798
this subparagraph and any information specified in subparagraph 1799
2. which the Department of Law Enforcement requests. 1800
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2. The department may provide any other information 1801
considered necessary, including criminal and delinquency 1802
records, when available. 1803
Section 52. Paragraph (h) of subsection (1), paragraph (a) 1804
of subsection (6), and subsection ( 12) of section 985.4815, 1805
Florida Statutes, are amended to read: 1806
985.4815 Notification to Department of Law Enforcement of 1807
information on juvenile sexual offenders. — 1808
(1) As used in this section, the term: 1809
(h) "Sexual offender" means a person who is in the care or 1810
custody or under the jurisdiction or supervision of the 1811
department or is in the custody of a contractor-operated private 1812
correctional facility and who: 1813
1. Has been adjudicated delinquent as provided in s. 1814
943.0435(1)(h)1.d.; or 1815
2. Establishes or maintains a residence in this state and 1816
has not been designated as a sexual predator by a court of this 1817
state but has been designated as a sexual predator, as a 1818
sexually violent predator, or by another sexual offender 1819
designation in another state or jurisdiction and was, as a 1820
result of such designation, subjected to registration or 1821
community or public notification, or both, or would be if the 1822
person were a resident of that state or jurisdiction, without 1823
regard to whether the person otherwise meets th e criteria for 1824
registration as a sexual offender. 1825
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(6)(a) The information provided to the Department of Law 1826
Enforcement must include the following: 1827
1. The information obtained from the sexual offender under 1828
subsection (4). 1829
2. The sexual offender's mos t current address and place of 1830
permanent, temporary, or transient residence within the state or 1831
out of state, and address, location or description, and dates of 1832
any current or known future temporary residence within the state 1833
or out of state, while the sex ual offender is in the care or 1834
custody or under the jurisdiction or supervision of the 1835
department in this state, including the name of the county or 1836
municipality in which the offender permanently or temporarily 1837
resides, or has a transient residence, and ad dress, location or 1838
description, and dates of any current or known future temporary 1839
residence within the state or out of state; and, if known, the 1840
intended place of permanent, temporary, or transient residence, 1841
and address, location or description, and date s of any current 1842
or known future temporary residence within the state or out of 1843
state upon satisfaction of all sanctions. 1844
3. The legal status of the sexual offender and the 1845
scheduled termination date of that legal status. 1846
4. The location of, and local telephone number for, any 1847
department office that is responsible for supervising the sexual 1848
offender. 1849
5. An indication of whether the victim of the offense that 1850
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resulted in the offender's status as a sexual offender was a 1851
minor. 1852
6. The offense or offens es at adjudication and disposition 1853
that resulted in the determination of the offender's status as a 1854
sex offender. 1855
7. A digitized photograph of the sexual offender, which 1856
must have been taken within 60 days before the offender was 1857
released from the custod y of the department or a contractor-1858
operated private correctional facility by expiration of sentence 1859
under s. 944.275, or within 60 days after the onset of the 1860
department's supervision of any sexual offender who is on 1861
probation, postcommitment probation, r esidential commitment, 1862
nonresidential commitment, licensed child -caring commitment, 1863
community control, conditional release, parole, provisional 1864
release, or control release or who is supervised by the 1865
department under the Interstate Compact Agreement for 1866
Probationers and Parolees. If the sexual offender is in the 1867
custody of a contractor-operated private correctional facility, 1868
the facility shall take a digitized photograph of the sexual 1869
offender within the time period provided in this subparagraph 1870
and shall provide the photograph to the department. 1871
(12) Any person who has reason to believe that a sexual 1872
offender is not complying, or has not complied, with the 1873
requirements of this section and who, with the intent to assist 1874
the sexual offender in eluding a law enforcement agency that is 1875
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seeking to find the sexual offender to question the sexual 1876
offender about, or to arrest the sexual offender for, his or her 1877
noncompliance with the requirements of this section: 1878
(a) Withholds information from, or does not notify, the 1879
law enforcement agency about the sexual offender's noncompliance 1880
with the requirements of this section and, if known, the 1881
whereabouts of the sexual offender; 1882
(b) Harbors, attempts to harbor, or assists another p erson 1883
in harboring or attempting to harbor the sexual offender; 1884
(c) Conceals, attempts to conceal, or assists another 1885
person in concealing or attempting to conceal the sexual 1886
offender; or 1887
(d) Provides information to the law enforcement agency 1888
regarding the sexual offender that the person knows to be false 1889
1890
commits a felony of the third degree, punishable as provided in 1891
s. 775.082, s. 775.083, or s. 775.084. This subsection does not 1892
apply if the sexual offender is incarcerated in or is in the 1893
custody of a state correctional facility, a contractor-operated 1894
private correctional facility, a local jail, or a federal 1895
correctional facility. 1896
Section 53. This act shall take effect July 1, 2024. 1897