This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1337.CRJ
DATE: 1/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1337 Department of Corrections
SPONSOR(S): Stark and others
TIED BILLS: IDEN./SIM. BILLS: SB 1278
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Padgett Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
HB 1337 makes several changes to statutes relating to the Florida Department of Corrections (FDC).
The bill amends s. 944.31, F.S., to authorize a law enforcement officer employed by the FDC Office of the
Inspector General to:
Conduct all criminal investigations involving matters over which FDC has jurisdiction at private
correctional facilities;
Arrest, with or without a warrant, any prisoner of, or visitor to, any state correctional institution, including
a private correctional facility, for violating any criminal law involving matters over which FDC has
jurisdiction, including both felony and misdemeanor offenses;
Arrest, with or without a warrant, any FDC or private correctional facility staff member, contract
employee, subcontractor, or volunteer for violating any criminal law that occurs on property owned or
leased by FDC or at any private correctional facility, including both felony and misdemeanor offenses.
The bill also amends s. 957.04, F.S., to specify that a contract for operating a private correctional facility is not
exempt from ch. 287, F.S., including competitive solicitation requirements. Under the bill, the provisions of ch.
957, F.S., will control if there is a direct conflict between ch. 287, F.S., and ch. 957, F.S. The bill also specifies
that contracts for operating a private correctional facility are not considered to be an “outsource” under s.
287.012, F.S., and that the specific outsourcing requirements in s. 287.0571, F.S., are not required under the
bill. The bill also amends ss. 957.07, and 957.12, F.S., to make changes to conform with the provisions of the
bill which specify that FDC may use any competitive solicitation process in ch. 287, F.S., to procure a contract
for the operation of a private correctional facility, not just a request for proposal.
The bill amends. 957.07, F.S., to delete references to the obsolete Prison Per-Diem Workgroup that was
previously tasked with determining the inmate per diem that is used in determining the cost of operating a
correctional institution, which is used in the competitive solicitation and legislative appropriations process for
private correctional facilities. As such, FDC will continue to provide the per diem calculations required as part
of the competitive solicitation process for private correctional facilities.
The bill amends s. 957.15, F.S., to delete the provision in current law that prohibits FDC from having authority
over funds appropriated for the operation, maintenance, and lease-purchase of private correctional facilities,
thereby reflecting FDC’s contract monitoring authority of private correctional facilities.
The bill does not appear to have a fiscal impact to state or local governments.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1337.CRJ PAGE: 2
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Inspector General
Background
Arrest Powers of a Law Enforcement Officer - Generally
A judge may issue a warrant authorizing a person’s arrest for a felony
1
or misdemeanor
2
crime upon
finding probable cause that the person committed a crime in the judge’s jurisdiction.
3
However, the
United States Supreme Court has held that the Fourth Amendment to the United States Constitution
does not forbid warrantless arrest, even for a misdemeanor offense.
4
In Florida, a law enforcement officer may arrest a person without a warrant under certain statutorily
enumerated circumstances, such as when:
An officer reasonably believes a person committed a felony;
There is probable cause to believe a person has committed certain enumerated misdemeanor
offenses, such as a battery, criminal mischief or graffiti, an act of domestic violence, an
injunction violation, or sexual cyberharassment; or
A person commits a misdemeanor in an officer’s presence.
5
Office of the Inspector General
The Office of Inspector General (OIG) under the Florida Department of Corrections (FDC) is
responsible for prison inspection and investigation, internal affairs investigations, and management
reviews.
6
The OIG conducts criminal investigations that occur on property owned or leased by FDC or
that involve matters over which FDC has jurisdiction.
7
The Secretary of FDC may designate a person
employed by the OIG as a law enforcement officer (OIG law enforcement officer) provided such person
meets specified certification and training requirements.
8
An OIG law enforcement officer has more limited arrest authority than that of other law enforcement
officers, such as a deputy sheriff or municipal police officer. An OIG law enforcement officer has the
authority to arrest, with or without a warrant, any prisoner or visitor to a state correctional institution for
committing any felony that occurs on property owned or leased by FDC, or any FDC staff member or
contract employee for committing any felony under ch. 944, F.S.,
9
or ch. 893, F.S.,
10
that occurs on
property owned or leased by FDC.
11
An OIG law enforcement officer may also arrest any person for
whom an arrest warrant was issued, including an offender who has escaped from custody.
12
Thus, an
OIG law enforcement officer may not arrest any person for committing a misdemeanor unless a warrant
1
The term “felony” means any criminal offense that is punishable under the laws of this state, or that would be punishable if committed
in this state, by death or imprisonment in a state penitentiary. S. 775.08(1), F.S.
2
The term “misdemeanor” means any criminal offense that is punishable under the laws of this state, or that would be punishable if
committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of one year.
The term “misdemeanor” does not mean a conviction for any noncriminal traffic violation of any provision of ch. 316, F.S., or any
municipal or county ordinance. S. 775.08(2), F.S.
3
S. 901.02, F.S.
4
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
5
S. 901.15, F.S.
6
S. 944.31, F.S.
7
Id.
8
Id. To be designated as an OIG law enforcement officer, a person must be certified as law enforcement officer under s. 943.1395,
F.S., and have a minimum of three years’ experience as an inspector in the OIG or three years experience as a law enforcement officer
at another law enforcement agency. Id.
9
For example, s. 944.47, F.S., prohibits a person from introducing contraband into a state correctional institution.
10
Generally, ch. 893, F.S., provides offenses related to controlled substances.
11
Id.
12
Id. STORAGE NAME: h1337.CRJ PAGE: 3
DATE: 1/23/2024
has been issued for his or her arrest. An OIG law enforcement officer who makes any such arrest must
surrender the arrestee to the sheriff of the county in which the arrest is made “without delay.”
13
In circumstances where an OIG law enforcement officer lacks the authority to make a warrantless
arrest, such as when a prisoner or visitor commits a misdemeanor offense, arrests are made by the law
enforcement agency which has jurisdiction over the FDC facility, such as the sheriff or municipal police
department.
Effect of Proposed Changes – Inspector General
HB 1337 amends s. 944.31, F.S., to authorize an OIG law enforcement officer to:
Conduct all criminal investigations involving matters over which FDC has jurisdiction at private
correctional facilities;
14
Arrest, with or without a warrant, any prisoner of, or visitor to, any state correctional institution,
including a private correctional facility, for violating any criminal law involving matters over which
FDC has jurisdiction, including both felony and misdemeanor offenses;
Arrest, with or without a warrant, any FDC or private correctional facility staff member, contract
employee, subcontractor, or volunteer for violating any criminal law that occurs on property
owned or leased by FDC or at any private correctional facility, including both felony and
misdemeanor offenses.
Private Correctional Facilities
Background
Section 944.105, F.S., authorizes FDC to enter into contracts with private vendors
15
to operate and
maintain correctional facilities and supervise inmates.
16
Generally, ch. 957, F.S., provides requirements
with which FDC must comply in contracting with private vendors to operate private correctional
facilities, specifies minimum standards for such private vendors, and establishes certain criteria for the
operation of private correctional facilities.
Methods of Competitive Solicitation
Chapter 287, F.S., generally provides requirements and procedures with which a state agency must
comply when procuring commodities and contractual services. The three types of competitive
solicitation that a state agency may use for procuring a commodity or service greater than $35,000 are
as follows:
Invitation to bid, which is used when an agency is capable of specifically defining the scope of
work for which a contractual service is required or when the agency is capable of establishing
precise specifications defining the actual commodity or group of commodities required.
17
In an
invitation to bid, a contract is awarded to the responsible
18
and responsive vendor
19
who
submits the lowest bid.
20
Request for proposal, which is used when the purposes and uses for which the commodity,
group of commodities, or contractual service being sought can be specifically defined and the
13
Id.
14
“Private correctional facility” means any facility, which is not operated by the department, for the incarceration of adults or juveniles
who have been sentenced by a court and committed to the custody of the department. S. 944.710(3), F.S.
15
“Private vendor” means any individual, partnership, corporation, or unincorporated association bound by contract with the department
to construct, lease, or operate a private correctional facility. S. 944.710(5), F.S.
16
Prior to October 1, 2023, the Florida Department of Management Services was responsible for negotiating and overseeing contracts
for private correctional facilities. See Ch. 2023-268, L.O.F.
17
S. 287.057(1)(a), F.S.
18
“Responsible vendor” means a vendor who has the capability in all respects to fully perform the contract requirements and the
integrity and reliability that will assure good faith performance. S. 287.012(25), F.S.
19
“Responsive vendor” means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the
solicitation. S. 287.012(27), F.S.
20
S. 287.057(1)(a)4., F.S. STORAGE NAME: h1337.CRJ PAGE: 4
DATE: 1/23/2024
state agency is capable of identifying necessary deliverables.
21
In a request for proposal, the
contract is awarded to the responsible and responsive vendor whose proposal is determined in
writing to be the most advantageous to the state, taking into consideration the price and other
criteria set forth in the request for proposals.
22
Invitation to negotiate, which used by a state agency to determine the best method for achieving
a specific goal or solving a particular problem and which identifies one or more responsive
vendors with which the agency may negotiate in order to receive the best value.
23,
24
In an
invitation to negotiate, a state agency must award a contract to the responsible and responsive
vendor that such agency determines will provide the best value to the state, based on the
selection criteria.
25
In addition to the requirements for the competitive solicitation of commodities and contractual services,
there are additional requirements for state procurement if such procurement results in the outsourcing
26
of state services. Prior to proceeding with outsourcing with any service, the business case for any
outsourcing that has an expected cost in excess of $10 million within a single fiscal year must be
evaluated for feasibility, cost-effectiveness and efficiency.
27
Generally, the business case for
outsourcing any service must specify the service for which outsourcing is proposed, the goals of
outsourcing the service, an analysis of the advantages and disadvantages of outsourcing a service, a
cost-benefit analysis for such outsourcing, performance standards, the projected timeframe for key
events in the outsourcing contract, and a contingency plan for contractor nonperformance.
28
FDC is currently limited to using a request for proposal in procuring contracts for the operation of
private correctional facilities.
29
During such a request for proposal, a bidder or potential bidder is
prohibited from contacting an FDC employee or consultant until the time a notification of intent to award
award the contract is announced.
30
Inmate Per Diem
FDC is prohibited from entering into a contract with a private vendor to operate a correctional facility
unless the contract will result in cost savings to the state of at least seven percent over a similar state-
operated correctional facility.
31
FDC is responsible for calculating the inmate per diem that is used to
determine cost of operating and maintaining such a state-operated correctional facility.
32
In the
alternative, current law authorizes the Speaker of the House of Representatives and the President of
the Senate to develop consensus per diem rates for legislative use by convening the Prison Per-diem
Workgroup (Workgroup) comprised of appropriations staff from the House of Representatives and the
Senate, as well as staff from the Office of Program Policy Analysis and Government Accountability. The
inmate per diem calculated by the Workgroup is used in the competitive solicitation and legislative
appropriations process for private correctional facilities. According to FDC, this Workgroup has not
existed for over 20 years and all inmate per diem calculations are provided by directly by FDC.
33
FDC Authority over Appropriations
21
S. 287.057(1)(b), F.S.
22
S. 287.057(1)(b)4., F.S.
23
S. 287.057(1)(c), F.S.
24
“Best value” means the highest overall value to the state based on factors that include, but are not limited to, price, quality, design,
and workmanship. S. 287.012(4), F.S.
25
S. 287.057(1)(c)4., F.S.
26
“Outsource” means the process of contracting with a vendor to provide a service as defined in s. 216.011(1)(g), F.S., in whole or in
part, or an activity as defined in s. 216.011(1)(a), F.S., while a state agency retains the responsibility and accountability for the service
or activity and there is a transfer of management responsibility for the delivery of resources and the performance of those resources. S.
287.012(20), F.S.
27
S. 287.0571(2) and (4), F.S.
28
S. 287.0571(4), F.S.
29
Ss. 957.04, 957.07, 957.12, F.S.
30
S. 957.12, F.S.
31
S. 957.07(1), F.S.
32
Id.
33
Florida Department of Corrections, Agency Analysis of 2024 House Bill 1337, p. 2-3 (Jan. 19, 2024). STORAGE NAME: h1337.CRJ PAGE: 5
DATE: 1/23/2024
Section 957.15, F.S., requires FDC to request legislative appropriations for funds for the operation,
maintenance, and lease-purchase of private correctional facilities as separately identified items in its
budget request. Following such an appropriation from the Legislature, FDC is prohibited from having
any authority over such funds other than to pay a private vendor the appropriate amounts that are
certified for payment by FDC.
34
Effect of Proposed Changes – Private Correctional Facilities
Methods of Competitive Solicitation
The bill amends s. 957.04, F.S., to specify that a contract for operating a private correctional facility is
not exempt from ch. 287, F.S., including competitive solicitation requirements. Under the bill, the
provisions of ch. 957, F.S., will control if there is a direct conflict between ch. 287, F.S., and ch. 957,
F.S. The bill also specifies that contracts for operating a private correctional facility are not considered
to be an “outsource” under s. 287.012, F.S., and that the specific outsourcing requirements in s.
287.0571, F.S., are not required under the bill.
The bill amends ss. 957.04, 957.07, and 957.12, F.S., to make changes to conform with the provisions
of the bill which specify that FDC may use any competitive solicitation process in ch. 287, F.S., to
procure a contract for the operation of a private correctional facility, not just a request for proposal.
Inmate Per Diem
The bill amends. 957.07, F.S., to delete references to the obsolete Prison Per-Diem Workgroup. As
such, FDC will continue to provide the per diem calculations required as part of the competitive
solicitation process for private correctional facilities.
FDC Authority over Appropriations
The bill amends s. 957.15, F.S., to delete the provision in current law that prohibits FDC from having
authority over funds appropriated for the operation, maintenance, and lease-purchase of private
correctional facilities, thereby reflecting FDC’s contract monitoring authority of private correctional
facilities.
35
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 944.31, F.S., relating to inspector general; inspectors; power and duties.
Section 2: Amends s. 957.04, F.S., relating to contract requirements.
Section 3: Amends s. 957.07, F.S., relating to cost-saving requirements.
Section 4: Amends s. 957.12, F.S., relating to prohibition on contact.
Section 5: Amends s. 957.15, F.S., relating to funding of contracts for operation, maintenance, and
lease-purchase of private correctional facilities.
Section 6: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
34
S. 957.15, F.S.
35
See note 16, supra. STORAGE NAME: h1337.CRJ PAGE: 6
DATE: 1/23/2024
According to FDC, the bill will not have a fiscal impact to FDC or state government.
36
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
FDC has sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
36
Florida Department of Corrections, Agency Analysis of 2024 House Bill 1337, p. 5 (Jan. 19, 2024).