FL
Florida House Bill H1337

Florida 2024 Regular Session

Florida House Bill H1337 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to Department of Corrections; amending 2
1616 s. 944.31, F.S.; providing additional authority for 3
1717 law enforcement officers of the office of the 4
1818 inspector general concerning department and 5
1919 contractor-operated correctional facilities; amending 6
2020 s. 944.710, F.S.; replacing the term "private 7
2121 correctional facility" with "contractor -operated 8
2222 correctional facility"; replacing the term "private 9
2323 correctional officer" with "contractor -employed 10
2424 correctional officer"; conforming provisions to 11
2525 changes made by the act; amending s. 957.04, F.S.; 12
2626 providing that correctional privatization contracts 13
2727 are not exempt from specified state contracting 14
2828 provisions unless otherwise specified; providing 15
2929 construction; conforming provisions to changes made by 16
3030 the act; amending s. 957.07, F.S.; revising 17
3131 terminology; removing provisions concerning 18
3232 development of consensus per diem rates by the Prison 19
3333 Per-Diem Workgroup; conforming a provision to changes 20
3434 made by the act; amending s. 957.12, F.S.; revising 21
3535 provisions concerning conta ct with the department by 22
3636 specified persons; conforming a provision to changes 23
3737 made by the act; amending s. 957.15, F.S.; removing a 24
3838 provision concerning department control over certain 25
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4747 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
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5151 funds appropriated for contractor -operated 26
5252 correctional facilities; co nforming a provision to 27
5353 changes made by the act; amending ss. 330.41, 553.865, 28
5454 633.218, 775.21, 775.261, 784.078, 800.09, 943.0435, 29
5555 943.13, 943.325, 944.105, 944.151, 944.17, 944.35, 30
5656 944.40, 944.605, 944.606, 944.607, 944.608, 944.609, 31
5757 944.7031, 944.714, 9 44.715, 944.716, 944.717, 944.718, 32
5858 944.719, 944.72, 944.801, 944.803, 945.10, 945.215, 33
5959 945.6041, 946.5025, 946.503, 951.062, 951.063, 957.05, 34
6060 957.06, 957.08, 957.09, 957.13, 957.14, 960.001, 35
6161 985.481, and 985.4815, F.S.; conforming provisions to 36
6262 changes made by the act; providing an effective date. 37
6363 38
6464 Be It Enacted by the Legislature of the State of Florida: 39
6565 40
6666 Section 1. Section 944.31, Florida Statutes, is amended to 41
6767 read: 42
6868 944.31 Inspector general; inspectors; power and duties. — 43
6969 (1) The inspector general shall be responsible for prison 44
7070 inspection and investigation, internal affairs investigations, 45
7171 and management reviews. The office of the inspector general 46
7272 shall be charged with the duty of inspecting the penal and 47
7373 correctional systems of the state. 48
7474 (2) The office of the inspector general shall inspect each 49
7575 correctional institution or any place in which state prisoners 50
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8484 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
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8888 are housed, worked, or kept within the state, with reference to 51
8989 its physical conditions, cleanliness, sanitation, safety, and 52
9090 comfort; the quality and supply of all bedding; the quality, 53
9191 quantity, and diversity of food served and the manner in which 54
9292 it is served; the number and condition of the prisoners confined 55
9393 therein; and the general conditions of each institution. 56
9494 (3) The office of inspector general shall see that all the 57
9595 rules and regulations issued by the department are strictly 58
9696 observed and followed by all persons connected with the 59
9797 correctional systems of the state. The office of the inspector 60
9898 general shall coordinate and sup ervise the work of inspectors 61
9999 throughout the state. 62
100100 (4) The inspector general and inspectors may enter any 63
101101 place where prisoners in this state are kept and shall be 64
102102 immediately admitted to such place as they desire and may 65
103103 consult and confer with any pri soner privately and without 66
104104 molestation. 67
105105 (5)(a) The inspector general and inspectors shall be 68
106106 responsible for criminal and administrative investigation of 69
107107 matters relating to the Department of Corrections. 70
108108 (b) The secretary may designate persons within the office 71
109109 of the inspector general as law enforcement officers to conduct 72
110110 any criminal investigation that occurs on property owned or 73
111111 leased by the department or involves matters over which the 74
112112 department has jurisdiction. All criminal investigations 75
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121121 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
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125125 involving matters over which the department has jurisdiction at 76
126126 contractor-operated correctional facilities, as defined in s. 77
127127 944.710, may be conducted by the law enforcement officers of the 78
128128 office of the inspector general. 79
129129 (c) A person designated as a law enforcement officer must 80
130130 be certified pursuant to s. 943.1395 and must have a minimum of 81
131131 3 years' experience as an inspector in the inspector general's 82
132132 office or as a law enforcement officer. 83
133133 (d) The department shall maintain a memorandum of 84
134134 understanding with the Department of Law Enforcement for the 85
135135 notification and investigation of mutually agreed -upon predicate 86
136136 events that shall include, but are not limited to, suspicious 87
137137 deaths and organized criminal activity. 88
138138 (e) During investigations, the inspect or general and 89
139139 inspectors may consult and confer with any prisoner or staff 90
140140 member privately and without molestation . and 91
141141 (f) For matters over which the department has 92
142142 jurisdiction, persons designated as law enforcement officers 93
143143 under this subsection section shall have the same arrest 94
144144 authority as provided for law enforcement officers generally in 95
145145 chapter 901, and may make arrests consistent with such authority 96
146146 in the following circumstances, including an arrest of: to 97
147147 arrest, with or without a warrant, 98
148148 1. Any prisoner of or visitor to a state correctional 99
149149 institution or a contractor-operated correctional facility, for 100
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158158 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
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162162 a violation of the criminal laws of the state involving an 101
163163 offense classified as a felony that occurs on property owned or 102
164164 leased by the department or on the property of a contractor -103
165165 operated correctional facility; and may arrest 104
166166 2. Offenders who have escaped or absconded from custody ;. 105
167167 Persons designated as law enforcement officers have the 106
168168 authority to arrest with or without a warrant 107
169169 3. A staff member of the department, including any 108
170170 contract employee, subcontractor, or volunteer, for a violation 109
171171 of the criminal laws of the state that occurs involving an 110
172172 offense classified as a felony under this chapter or chapter 893 111
173173 on property owned or leased by the department , or any 112
174174 contractor-operated correctional facility staff member, contract 113
175175 employee, subcontractor, or volunteer at any contractor -operated 114
176176 correctional facility for a violation of the criminal laws of 115
177177 the state that occurs o n the property of a contractor -operated 116
178178 correctional facility; or . A person designated as a law 117
179179 enforcement officer under this section may make arrests of 118
180180 4. Persons against whom arrest warrants have been issued , 119
181181 including arrests of offenders who have escaped or absconded 120
182182 from custody. 121
183183 (g) For any arrest made by a person designated as a law 122
184184 enforcement officer under this subsection, the arrested person 123
185185 shall be surrendered without delay to the sheriff of the county 124
186186 in which the arrest is made, with a formal complaint 125
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195195 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
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197197
198198
199199 subsequently made against her or him in accordance with law. 126
200200 Section 2. Section 944.710, Florida Statutes, is amended 127
201201 to read: 128
202202 944.710 Definitions of terms relating to contractor-129
203203 operated private operation of state correctional fac ilities and 130
204204 s. 944.105.—As used with respect to contractor-operated private 131
205205 operation of state correctional facilities and s. 944.105, the 132
206206 term: 133
207207 (1) "Bidder" means any individual, partnership, 134
208208 corporation, or unincorporated association that submits a 135
209209 proposal with the department to construct, lease, or operate a 136
210210 contractor-operated private correctional facility. 137
211211 (2)(4) "Contractor-employed Private correctional officer" 138
212212 means any full-time or part-time employee of a private vendor 139
213213 whose primary responsibility is the supervision, protection, 140
214214 care, and control of prisoners within a contractor-operated 141
215215 private correctional facility. 142
216216 (3) "Contractor-operated private correctional facility" 143
217217 means any facility, which is not operated by the department, for 144
218218 the incarceration of adults or juveniles who have been sentenced 145
219219 by a court and committed to the custody of the department. 146
220220 (4)(2) "Department" means the Department of Corrections. 147
221221 (5) "Private vendor" means any individual, partnership, 148
222222 corporation, or unincorporated association bound by contract 149
223223 with the department to construct, lease, or operate a 150
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232232 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
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234234
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236236 contractor-operated private correctional facility. 151
237237 Section 3. Subsections (1), (2), and (3) of section 152
238238 957.04, Florida Statutes, are amended to read: 153
239239 957.04 Contract requirements. — 154
240240 (1) A contract entered into under this chapter for the 155
241241 operation of contractor-operated private correctional faciliti es 156
242242 shall maximize the cost savings of such facilities and shall: 157
243243 (a) Unless otherwise specified in this chapter, is not 158
244244 exempt from chapter 287, including the competitive solicitation 159
245245 requirements thereof. However, if there is a direct conflict 160
246246 between this chapter and chapter 287, this chapter shall 161
247247 control. Contracts entered into under this chapter for the 162
248248 operation of contractor -operated correctional facilities are not 163
249249 considered to be outsourced as defined in s. 287.012. The 164
250250 specific outsourcing requi rements of s. 287.0571 are not 165
251251 required under this section. 166
252252 (b)(a) Be executed negotiated with the contractor firm 167
253253 found most qualified. However, a contract for contractor-168
254254 operated private correctional services may not be entered into 169
255255 by the department unless the department determines that the 170
256256 contractor has demonstrated that it has: 171
257257 1. The qualifications, experience, and management 172
258258 personnel necessary to carry out the terms of the contract. 173
259259 2. The ability to expedite the siting, design, and 174
260260 construction of correctional facilities. 175
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269269 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
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273273 3. The ability to comply with applicable laws, court 176
274274 orders, and national correctional standards. 177
275275 (c)(b) Indemnify the state and the department, including 178
276276 their officials and agents, against any and all liability, 179
277277 including, but not limited to, civil rights liability. Proof of 180
278278 satisfactory insurance is required in an amount to be determined 181
279279 by the department. 182
280280 (d)(c) Require that the contractor seek, obtain, and 183
281281 maintain accreditation by the American Correctional Associa tion 184
282282 for the facility under that contract. Compliance with amendments 185
283283 to the accreditation standards of the association is required 186
284284 upon the approval of such amendments by the department. 187
285285 (e)(d) Require that the proposed facilities and the 188
286286 management plans for the inmates meet applicable American 189
287287 Correctional Association standards and the requirements of all 190
288288 applicable court orders and state law. 191
289289 (f)(e) Establish operations standards for correctional 192
290290 facilities subject to the contract. However, if the d epartment 193
291291 and the contractor disagree with an operations standard, the 194
292292 contractor may propose to waive any rule, policy, or procedure 195
293293 of the department related to the operations standards of 196
294294 correctional facilities which is inconsistent with the mission 197
295295 of the contractor to establish cost -effective, contractor-198
296296 operated privately operated correctional facilities. The 199
297297 department shall be responsible for considering all requests 200
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306306 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
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310310 proposals from the contractor to waive any rule, policy, or 201
311311 procedure and shall re nder a final decision granting or denying 202
312312 such request. 203
313313 (g)(f) Require the contractor to be responsible for a 204
314314 range of dental, medical, and psychological services; diet; 205
315315 education; and work programs at least equal to those provided by 206
316316 the department in comparable facilities. The work and education 207
317317 programs must be designed to reduce recidivism, and include 208
318318 opportunities to participate in such work programs as authorized 209
319319 pursuant to s. 946.523. 210
320320 (h)(g) Require the selection and appointment of a full -211
321321 time contract monitor. The contract monitor shall be appointed 212
322322 and supervised by the department. The contractor is required to 213
323323 reimburse the department for the salary and expenses of the 214
324324 contract monitor. It is the obligation of the contractor to 215
325325 provide suitable office space for the contract monitor at the 216
326326 correctional facility. The contract monitor shall have unlimited 217
327327 access to the correctional facility. 218
328328 (i)(h) Be for a period of 3 years and may be renewed for 219
329329 successive 2-year periods thereafter. However, the state is not 220
330330 obligated for any payments to the contractor beyond current 221
331331 annual appropriations. 222
332332 (2) Each contract entered into for the design and 223
333333 construction of a contractor-operated private correctional 224
334334 facility or juvenile commitment facility must include: 225
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343343 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
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347347 (a) Notwithstanding any provision of chapter 255 to the 226
348348 contrary, a specific provision authorizing the use of tax -exempt 227
349349 financing through the issuance of tax -exempt bonds, certificates 228
350350 of participation, lease -purchase agreements, or other tax -exempt 229
351351 financing methods. Pursuant to s. 255.25, approval is hereby 230
352352 provided for the lease -purchase of up to two contractor-operated 231
353353 private correctional facilities and any other facility 232
354354 authorized by the General Appropriations Act. 233
355355 (b) A specific provision requiring the design and 234
356356 construction of the proposed facilities to meet the applicable 235
357357 standards of the American Correctional Association and the 236
358358 requirements of all applicable court orders and state law. 237
359359 (c) A specific provision requiring the contractor, and not 238
360360 the department, to obtain the financing required to design and 239
361361 construct the contractor-operated private correctional facility 240
362362 or juvenile commitment facility built under this chapter. 241
363363 (d) A specific provision stating that the state is not 242
364364 obligated for any payments that exceed the amount of the current 243
365365 annual appropriation. 244
366366 (3)(a) Each contract for the designing, financing, 245
367367 acquiring, leasing, constructing, and operating of a contractor-246
368368 operated private correctional facility shall be subject to ss. 247
369369 255.2502 and 255.2503. 248
370370 (b) Each contract for the designing, financing, acquiring, 249
371371 leasing, and constructing of a contractor-operated private 250
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380380 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
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384384 juvenile commitment facility shall be subject to ss. 255.2502 251
385385 and 255.2503. 252
386386 Section 4. Subsections (4) and (5) of section 957.07, 253
387387 Florida Statutes, are amended to read: 254
388388 957.07 Cost-saving requirements. — 255
389389 (4) The department shall provide a report detailing the 256
390390 state cost to design, finance, acquire, lease, construct, and 257
391391 operate a facility sim ilar to the contractor-operated private 258
392392 correctional facility on a per diem basis. This report shall be 259
393393 provided to the Auditor General in sufficient time that it may 260
394394 be certified to be included in the competitive solicitation 261
395395 request for proposals . 262
396396 (5)(a) At the request of the Speaker of the House of 263
397397 Representatives or the President of the Senate, the Prison Per -264
398398 Diem Workgroup shall develop consensus per diem rates for use by 265
399399 the Legislature. The Office of Program Policy Analysis and 266
400400 Government Accountab ility and the staffs of the appropriations 267
401401 committees of both the Senate and the House of Representatives 268
402402 are the principals of the workgroup. The workgroup may consult 269
403403 with other experts to assist in the development of the consensus 270
404404 per diem rates. All me etings of the workgroup shall be open to 271
405405 the public as provided in chapter 286. 272
406406 (b) When developing the consensus per diem rates, the 273
407407 workgroup must: 274
408408 1. Use data provided by the department from the most 275
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417417 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
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421421 recent fiscal year to determine per diem costs fo r the following 276
422422 activities: 277
423423 a. Custody and control; 278
424424 b. Health services; 279
425425 c. Substance abuse programs; and 280
426426 d. Educational programs; 281
427427 2. Include the cost of departmental, regional, 282
428428 institutional, and program administration and any other fixed 283
429429 costs of the department; 284
430430 3. Calculate average per diem rates for the following 285
431431 offender populations: adult male, youthful offender male, and 286
432432 female; and 287
433433 4. Make per diem adjustments, as appropriate, to account 288
434434 for variations in size and location of correction al facilities. 289
435435 (c) The consensus per diem rates determined by the 290
436436 workgroup may be used to assist the Legislature in determining 291
437437 the level of funding provided to privately operated prisons to 292
438438 meet the 7-percent savings required of private prisons by this 293
439439 chapter. 294
440440 (d) If a private vendor chooses not to renew the contract 295
441441 at the appropriated level, the department shall terminate the 296
442442 contract as provided in s. 957.14. 297
443443 Section 5. Section 957.12, Florida Statutes, is amended to 298
444444 read: 299
445445 957.12 Prohibition on contact.—Except in writing to the 300
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454454 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
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458458 procurement office or as provided in the solicitation documents, 301
459459 a bidder or potential bidder is not permitted to have any 302
460460 contact with any member or employee of or consultant to the 303
461461 department regarding a competitive solicitation request for 304
462462 proposal, a proposal, or the evaluation or selection process 305
463463 from the time a request for proposals for a contractor-operated 306
464464 private correctional facility is issued until the time a 307
465465 notification of intent to award is announced , except if such 308
466466 contact is in writing or in a meeting for which notice was 309
467467 provided in the Florida Administrative Register . 310
468468 Section 6. Section 957.15, Florida Statutes, is amended to 311
469469 read: 312
470470 957.15 Funding of contracts for operation, maintenance, 313
471471 and lease-purchase of contractor-operated private correctional 314
472472 facilities.—The request for appropriation of funds to make 315
473473 payments pursuant to contracts entered into by the department 316
474474 for the operation, maintenance, and lease -purchase of the 317
475475 contractor-operated private correctional facilities authorized 318
476476 by this chapter shall be included in its budget request to the 319
477477 Legislature as a separately identified item. After an 320
478478 appropriation has been made by the Legislature to the department 321
479479 for the private correctional facil ities, the department shall 322
480480 have no authority over such funds other than to pay from such 323
481481 appropriation to the appropriate private vendor such amounts as 324
482482 are certified for payment by the department. 325
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491491 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
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493493
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495495 Section 7. Paragraph (a) of subsection (2) of section 326
496496 330.41, Florida Statutes, is amended to read: 327
497497 330.41 Unmanned Aircraft Systems Act. — 328
498498 (2) DEFINITIONS.—As used in this act, the term: 329
499499 (a) "Critical infrastructure facility" means any of the 330
500500 following, if completely enclosed by a fence or other physic al 331
501501 barrier that is obviously designed to exclude intruders, or if 332
502502 clearly marked with a sign or signs which indicate that entry is 333
503503 forbidden and which are posted on the property in a manner 334
504504 reasonably likely to come to the attention of intruders: 335
505505 1. A power generation or transmission facility, 336
506506 substation, switching station, or electrical control center. 337
507507 2. A chemical or rubber manufacturing or storage facility. 338
508508 3. A water intake structure, water treatment facility, 339
509509 wastewater treatment plant, or pump station. 340
510510 4. A mining facility. 341
511511 5. A natural gas or compressed gas compressor station, 342
512512 storage facility, or natural gas or compressed gas pipeline. 343
513513 6. A liquid natural gas or propane gas terminal or storage 344
514514 facility. 345
515515 7. Any portion of an aboveground oil or gas pipeline. 346
516516 8. A refinery. 347
517517 9. A gas processing plant, including a plant used in the 348
518518 processing, treatment, or fractionation of natural gas. 349
519519 10. A wireless communications facility, including the 350
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528528 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
529529
530530
531531
532532 tower, antennae, support structures, and all a ssociated ground-351
533533 based equipment. 352
534534 11. A seaport as listed in s. 311.09(1), which need not be 353
535535 completely enclosed by a fence or other physical barrier and 354
536536 need not be marked with a sign or signs indicating that entry is 355
537537 forbidden. 356
538538 12. An inland port or other facility or group of 357
539539 facilities serving as a point of intermodal transfer of freight 358
540540 in a specific area physically separated from a seaport. 359
541541 13. An airport as defined in s. 330.27. 360
542542 14. A spaceport territory as defined in s. 331.303(18). 361
543543 15. A military installation as defined in 10 U.S.C. s. 362
544544 2801(c)(4) and an armory as defined in s. 250.01. 363
545545 16. A dam as defined in s. 373.403(1) or other structures, 364
546546 such as locks, floodgates, or dikes, which are designed to 365
547547 maintain or control the level of navig able waterways. 366
548548 17. A state correctional institution as defined in s. 367
549549 944.02 or a contractor-operated private correctional facility 368
550550 authorized under chapter 957. 369
551551 18. A secure detention center or facility as defined in s. 370
552552 985.03, or a nonsecure resident ial facility, a high -risk 371
553553 residential facility, or a maximum -risk residential facility as 372
554554 those terms are described in s. 985.03(44). 373
555555 19. A county detention facility as defined in s. 951.23. 374
556556 20. A critical infrastructure facility as defined in s. 375
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565565 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
566566
567567
568568
569569 692.201. 376
570570 Section 8. Paragraph (b) of subsection (3) of section 377
571571 553.865, Florida Statutes, is amended to read: 378
572572 553.865 Private spaces. — 379
573573 (3) As used in this section, the term: 380
574574 (b) "Correctional institution" means any state 381
575575 correctional institution as de fined in s. 944.02 or contractor-382
576576 operated private correctional facility as defined in s. 944.710. 383
577577 Section 9. Paragraph (e) of subsection (1) of section 384
578578 633.218, Florida Statutes, is amended to read: 385
579579 633.218 Inspections of state buildings and premises ; tests 386
580580 of firesafety equipment; building plans to be approved. — 387
581581 (1) 388
582582 (e) For purposes of this section: 389
583583 1.a. The term "high -hazard occupancy" means any building 390
584584 or structure: 391
585585 (I) That contains combustible or explosive matter or 392
586586 flammable conditions d angerous to the safety of life or 393
587587 property; 394
588588 (II) At which persons receive educational instruction; 395
589589 (III) At which persons reside, excluding private 396
590590 dwellings; or 397
591591 (IV) Containing three or more floor levels. 398
592592 b. As used in this subparagraph, the phrase "building or 399
593593 structure": 400
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602602 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
603603
604604
605605
606606 (I) Includes, but is not limited to, all hospitals and 401
607607 residential health care facilities, nursing homes and other 402
608608 adult care facilities, correctional or detention facilities, 403
609609 public schools, public lodging establishments, migrant labor 404
610610 camps, residential child care facilities, and self -service 405
611611 gasoline stations. 406
612612 (II) Does not include any residential condominium where 407
613613 the declaration of condominium or the bylaws provide that the 408
614614 rental of units shall not be permitted for less than 90 days. 409
615615 2. The term "state-owned building" includes contractor-410
616616 operated private correctional facilities as defined under s. 411
617617 944.710 s. 944.710(3). 412
618618 Section 10. Paragraph (e) of subsection (2), paragraphs 413
619619 (b) and (e) of subsection (6), and paragraph (g) of subsection 414
620620 (10) of section 775.21, Florida Statutes, are amended to read: 415
621621 775.21 The Florida Sexual Predators Act. — 416
622622 (2) DEFINITIONS.—As used in this section, the term: 417
623623 (e) "Conviction" means a determination of guilt which is 418
624624 the result of a trial or the entry of a plea of guilty or nolo 419
625625 contendere, regardless of whether adjudication is withheld. A 420
626626 conviction for a similar offense includes, but is not limited 421
627627 to, a conviction by a federal or military tribunal, including 422
628628 courts-martial conducted by the Armed Forces of the United 423
629629 States, and includes a conviction or entry of a plea of guilty 424
630630 or nolo contendere resulting in a sanction in any state of the 425
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639639 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
640640
641641
642642
643643 United States or other jurisdiction. A sanction includes, but is 426
644644 not limited to, a fin e, probation, community control, parole, 427
645645 conditional release, control release, or incarceration in a 428
646646 state prison, federal prison, contractor-operated private 429
647647 correctional facility, or local detention facility. 430
648648 (6) REGISTRATION.— 431
649649 (b) If the sexual pred ator is in the custody or control 432
650650 of, or under the supervision of, the Department of Corrections, 433
651651 or is in the custody of a contractor-operated private 434
652652 correctional facility, the sexual predator shall register with 435
653653 the Department of Corrections. A sexual p redator who is under 436
654654 the supervision of the Department of Corrections but who is not 437
655655 incarcerated shall register with the Department of Corrections 438
656656 within 3 business days after the court finds the offender to be 439
657657 a sexual predator. The Department of Correct ions shall provide 440
658658 to the department registration information and the location of, 441
659659 and local telephone number for, any Department of Corrections 442
660660 office that is responsible for supervising the sexual predator. 443
661661 In addition, the Department of Corrections shal l notify the 444
662662 department if the sexual predator escapes or absconds from 445
663663 custody or supervision or if the sexual predator dies. 446
664664 (e)1. If the sexual predator is not in the custody or 447
665665 control of, or under the supervision of, the Department of 448
666666 Corrections or is not in the custody of a contractor-operated 449
667667 private correctional facility, the sexual predator shall 450
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676676 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
677677
678678
679679
680680 register in person: 451
681681 a. At the sheriff's office in the county where he or she 452
682682 establishes or maintains a residence within 48 hours after 453
683683 establishing or maintaining a residence in this state; and 454
684684 b. At the sheriff's office in the county where he or she 455
685685 was designated a sexual predator by the court within 48 hours 456
686686 after such finding is made. 457
687687 2. Any change that occurs after the sexual predator 458
688688 registers in person at the sheriff's office as provided in 459
689689 subparagraph 1. in any of the following information related to 460
690690 the sexual predator must be reported as provided in paragraphs 461
691691 (g), (i), and (j): permanent, temporary, or transient residence; 462
692692 name; vehicles owned; electronic mail addresses; Internet 463
693693 identifiers and each Internet identifier's corresponding website 464
694694 homepage or application software name; home and cellular 465
695695 telephone numbers; employment information; and change in status 466
696696 at an institution of high er education. When a sexual predator 467
697697 registers with the sheriff's office, the sheriff shall take a 468
698698 photograph, a set of fingerprints, and palm prints of the 469
699699 predator and forward the photographs, palm prints, and 470
700700 fingerprints to the department, along with t he information that 471
701701 the predator is required to provide pursuant to this section. 472
702702 (10) PENALTIES.— 473
703703 (g) Any person who has reason to believe that a sexual 474
704704 predator is not complying, or has not complied, with the 475
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713713 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
714714
715715
716716
717717 requirements of this section and who, wit h the intent to assist 476
718718 the sexual predator in eluding a law enforcement agency that is 477
719719 seeking to find the sexual predator to question the sexual 478
720720 predator about, or to arrest the sexual predator for, his or her 479
721721 noncompliance with the requirements of this s ection: 480
722722 1. Withholds information from, or does not notify, the law 481
723723 enforcement agency about the sexual predator's noncompliance 482
724724 with the requirements of this section, and, if known, the 483
725725 whereabouts of the sexual predator; 484
726726 2. Harbors, or attempts to har bor, or assists another 485
727727 person in harboring or attempting to harbor, the sexual 486
728728 predator; 487
729729 3. Conceals or attempts to conceal, or assists another 488
730730 person in concealing or attempting to conceal, the sexual 489
731731 predator; or 490
732732 4. Provides information to the law e nforcement agency 491
733733 regarding the sexual predator which the person knows to be false 492
734734 information, 493
735735 494
736736 commits a felony of the third degree, punishable as provided in 495
737737 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not 496
738738 apply if the sexual predator is incarcerated in or is in the 497
739739 custody of a state correctional facility, a contractor-operated 498
740740 private correctional facility, a local jail, or a federal 499
741741 correctional facility. 500
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750750 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
751751
752752
753753
754754 Section 11. Paragraph (a) of subsection (3) and paragraph 501
755755 (a) of subsection (4 ) of section 775.261, Florida Statutes, are 502
756756 amended to read: 503
757757 775.261 The Florida Career Offender Registration Act. — 504
758758 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER. — 505
759759 (a) A career offender released on or after July 1, 2002, 506
760760 from a sanction imposed in this state must register as required 507
761761 under subsection (4) and is subject to community and public 508
762762 notification as provided under subsection (5). For purposes of 509
763763 this section, a sanction imposed in this state includes, but is 510
764764 not limited to, a fine, proba tion, community control, parole, 511
765765 conditional release, control release, or incarceration in a 512
766766 state prison, contractor-operated private correctional facility, 513
767767 or local detention facility, and: 514
768768 1. The career offender has not received a pardon for any 515
769769 felony or other qualified offense that is necessary for the 516
770770 operation of this paragraph; or 517
771771 2. A conviction of a felony or other qualified offense 518
772772 necessary to the operation of this paragraph has not been set 519
773773 aside in any postconviction proceeding. 520
774774 (4) REGISTRATION.— 521
775775 (a) A career offender must register with the department by 522
776776 providing the following information to the department, or to the 523
777777 sheriff's office in the county in which the career offender 524
778778 establishes or maintains a permanent or temporary resi dence, 525
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787787 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
788788
789789
790790
791791 within 2 working days after establishing permanent or temporary 526
792792 residence in this state or within 2 working days after being 527
793793 released from the custody, control, or supervision of the 528
794794 Department of Corrections or from the custody of a contractor-529
795795 operated private correctional facility: 530
796796 1. Name, social security number, age, race, gender, date 531
797797 of birth, height, weight, hair and eye color, photograph, 532
798798 address of legal residence and address of any current temporary 533
799799 residence within the state or out of st ate, including a rural 534
800800 route address or a post office box, date and place of any 535
801801 employment, date and place of each conviction, fingerprints, and 536
802802 a brief description of the crime or crimes committed by the 537
803803 career offender. A career offender may not provide a post office 538
804804 box in lieu of a physical residential address. If the career 539
805805 offender's place of residence is a motor vehicle, trailer, 540
806806 mobile home, or manufactured home, as defined in chapter 320, 541
807807 the career offender shall also provide to the department wr itten 542
808808 notice of the vehicle identification number; the license tag 543
809809 number; the registration number; and a description, including 544
810810 color scheme, of the motor vehicle, trailer, mobile home, or 545
811811 manufactured home. If a career offender's place of residence is 546
812812 a vessel, live-aboard vessel, or houseboat, as defined in 547
813813 chapter 327, the career offender shall also provide to the 548
814814 department written notice of the hull identification number; the 549
815815 manufacturer's serial number; the name of the vessel, live -550
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824824 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
825825
826826
827827
828828 aboard vessel, or houseboat; the registration number; and a 551
829829 description, including color scheme, of the vessel, live -aboard 552
830830 vessel, or houseboat. 553
831831 2. Any other information determined necessary by the 554
832832 department, including criminal and corrections records; 555
833833 nonprivileged personnel and treatment records; and evidentiary 556
834834 genetic markers when available. 557
835835 Section 12. Subsection (1) of section 784.078, Florida 558
836836 Statutes, is amended to read: 559
837837 784.078 Battery of facility employee by throwing, tossing, 560
838838 or expelling certain fluids or materials.— 561
839839 (1) As used in this section, the term "facility" means a 562
840840 state correctional institution defined in s. 944.02(8); a 563
841841 contractor-operated private correctional facility defined in s. 564
842842 944.710 or under chapter 957; a county, municipal, or regio nal 565
843843 jail or other detention facility of local government under 566
844844 chapter 950 or chapter 951; or a secure facility operated and 567
845845 maintained by the Department of Corrections or the Department of 568
846846 Juvenile Justice. 569
847847 Section 13. Subsection (1) of section 800.09 , Florida 570
848848 Statutes, is amended to read: 571
849849 800.09 Lewd or lascivious exhibition in the presence of an 572
850850 employee.— 573
851851 (1) As used in this section, the term: 574
852852 (a) "Employee" means: 575
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861861 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
862862
863863
864864
865865 1. Any person employed by or performing contractual 576
866866 services for a public or private entity operating a state 577
867867 correctional institution or contractor-operated private 578
868868 correctional facility; 579
869869 2. Any person employed by or performing contractual 580
870870 services for the corporation operating the prison industry 581
871871 enhancement programs or the cor rectional work programs under 582
872872 part II of chapter 946; 583
873873 3. Any person who is a parole examiner with the Florida 584
874874 Commission on Offender Review; or 585
875875 4. Any person employed at or performing contractual 586
876876 services for a county detention facility. 587
877877 (b) "Facility" means a state correctional institution as 588
878878 defined in s. 944.02, a contractor-operated private correctional 589
879879 facility as defined in s. 944.710, or a county detention 590
880880 facility as defined in s. 951.23. 591
881881 Section 14. Paragraphs (b) and (h) of subsection (1 ) and 592
882882 paragraph (a) of subsection (2) of section 943.0435, Florida 593
883883 Statutes, are amended to read: 594
884884 943.0435 Sexual offenders required to register with the 595
885885 department; penalty. — 596
886886 (1) As used in this section, the term: 597
887887 (b) "Convicted" means that there ha s been a determination 598
888888 of guilt as a result of a trial or the entry of a plea of guilty 599
889889 or nolo contendere, regardless of whether adjudication is 600
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898898 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
899899
900900
901901
902902 withheld, and includes an adjudication of delinquency of a 601
903903 juvenile as specified in this section. Conviction o f a similar 602
904904 offense includes, but is not limited to, a conviction by a 603
905905 federal or military tribunal, including courts -martial conducted 604
906906 by the Armed Forces of the United States, and includes a 605
907907 conviction or entry of a plea of guilty or nolo contendere 606
908908 resulting in a sanction in any state of the United States or 607
909909 other jurisdiction. A sanction includes, but is not limited to, 608
910910 a fine, probation, community control, parole, conditional 609
911911 release, control release, or incarceration in a state prison, 610
912912 federal prison, contractor-operated private correctional 611
913913 facility, or local detention facility. 612
914914 (h)1. "Sexual offender" means a person who meets the 613
915915 criteria in sub-subparagraph a., sub -subparagraph b., sub -614
916916 subparagraph c., or sub -subparagraph d., as follows: 615
917917 a.(I) Has been convicted of committing, or attempting, 616
918918 soliciting, or conspiring to commit, any of the criminal 617
919919 offenses proscribed in the following statutes in this state or 618
920920 similar offenses in another jurisdiction: s. 393.135(2); s. 619
921921 394.4593(2); s. 787.01, s. 7 87.02, or s. 787.025(2)(c), where 620
922922 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 621
923923 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 622
924924 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 623
925925 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 624
926926 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 625
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935935 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
936936
937937
938938
939939 s. 895.03, if the court makes a written finding that the 626
940940 racketeering activity involved at least one sexual offense 627
941941 listed in this sub-sub-subparagraph or at least one offense 628
942942 listed in this sub-sub-subparagraph with sexual intent or 629
943943 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 630
944944 committed in this state which has been redesignated from a 631
945945 former statute number to one of those listed in this sub -sub-632
946946 subparagraph; and 633
947947 (II) Has been released on or after October 1, 1997, from a 634
948948 sanction imposed for any conviction of an offense described in 635
949949 sub-sub-subparagraph (I) and does not otherwise meet the 636
950950 criteria for registration as a sexual offender under chapter 9 44 637
951951 or chapter 985. For purposes of this sub -sub-subparagraph, a 638
952952 sanction imposed in this state or in any other jurisdiction 639
953953 means probation, community control, parole, conditional release, 640
954954 control release, or incarceration in a state prison, federal 641
955955 prison, contractor-operated private correctional facility, or 642
956956 local detention facility. If no sanction is imposed, the person 643
957957 is deemed to be released upon conviction; 644
958958 b. Establishes or maintains a residence in this state and 645
959959 who has not been designated as a s exual predator by a court of 646
960960 this state but who has been designated as a sexual predator, as 647
961961 a sexually violent predator, or by another sexual offender 648
962962 designation in another state or jurisdiction and was, as a 649
963963 result of such designation, subjected to regi stration or 650
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972972 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
973973
974974
975975
976976 community or public notification, or both, or would be if the 651
977977 person were a resident of that state or jurisdiction, without 652
978978 regard to whether the person otherwise meets the criteria for 653
979979 registration as a sexual offender; 654
980980 c. Establishes or mai ntains a residence in this state who 655
981981 is in the custody or control of, or under the supervision of, 656
982982 any other state or jurisdiction as a result of a conviction for 657
983983 committing, or attempting, soliciting, or conspiring to commit, 658
984984 any of the criminal offenses proscribed in the following 659
985985 statutes or similar offense in another jurisdiction: s. 660
986986 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 661
987987 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 662
988988 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, e xcluding 663
989989 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 664
990990 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 665
991991 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 666
992992 s. 847.0145; s. 895.03, if the court makes a written f inding 667
993993 that the racketeering activity involved at least one sexual 668
994994 offense listed in this sub -subparagraph or at least one offense 669
995995 listed in this sub-subparagraph with sexual intent or motive; s. 670
996996 916.1075(2); or s. 985.701(1); or any similar offense commit ted 671
997997 in this state which has been redesignated from a former statute 672
998998 number to one of those listed in this sub -subparagraph; or 673
999999 d. On or after July 1, 2007, has been adjudicated 674
10001000 delinquent for committing, or attempting, soliciting, or 675
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10091009 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
10101010
10111011
10121012
10131013 conspiring to commit , any of the criminal offenses proscribed in 676
10141014 the following statutes in this state or similar offenses in 677
10151015 another jurisdiction when the juvenile was 14 years of age or 678
10161016 older at the time of the offense: 679
10171017 (I) Section 794.011, excluding s. 794.011(10); 680
10181018 (II) Section 800.04(4)(a)2. where the victim is under 12 681
10191019 years of age or where the court finds sexual activity by the use 682
10201020 of force or coercion; 683
10211021 (III) Section 800.04(5)(c)1. where the court finds 684
10221022 molestation involving unclothed genitals; 685
10231023 (IV) Section 800.04 (5)(d) where the court finds the use of 686
10241024 force or coercion and unclothed genitals; or 687
10251025 (V) Any similar offense committed in this state which has 688
10261026 been redesignated from a former statute number to one of those 689
10271027 listed in this sub-subparagraph. 690
10281028 2. For all qualifying offenses listed in sub -subparagraph 691
10291029 1.d., the court shall make a written finding of the age of the 692
10301030 offender at the time of the offense. 693
10311031 694
10321032 For each violation of a qualifying offense listed in this 695
10331033 subsection, except for a violation of s. 794.011, th e court 696
10341034 shall make a written finding of the age of the victim at the 697
10351035 time of the offense. For a violation of s. 800.04(4), the court 698
10361036 shall also make a written finding indicating whether the offense 699
10371037 involved sexual activity and indicating whether the offens e 700
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10461046 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
10471047
10481048
10491049
10501050 involved force or coercion. For a violation of s. 800.04(5), the 701
10511051 court shall also make a written finding that the offense did or 702
10521052 did not involve unclothed genitals or genital area and that the 703
10531053 offense did or did not involve the use of force or coercion. 704
10541054 (2) Upon initial registration, a sexual offender shall: 705
10551055 (a) Report in person at the sheriff's office: 706
10561056 1. In the county in which the offender establishes or 707
10571057 maintains a permanent, temporary, or transient residence within 708
10581058 48 hours after: 709
10591059 a. Establishing permanent, temporary, or transient 710
10601060 residence in this state; or 711
10611061 b. Being released from the custody, control, or 712
10621062 supervision of the Department of Corrections or from the custody 713
10631063 of a contractor-operated private correctional facility; or 714
10641064 2. In the county where he or she was convicted within 48 715
10651065 hours after being convicted for a qualifying offense for 716
10661066 registration under this section if the offender is not in the 717
10671067 custody or control of, or under the supervision of, the 718
10681068 Department of Corrections, or is not in the custody of a 719
10691069 contractor-operated private correctional facility. 720
10701070 721
10711071 Any change in the information required to be provided pursuant 722
10721072 to paragraph (b), including, but not limited to, any change in 723
10731073 the sexual offender's permanent, temporary, or transient 724
10741074 residence; name; electronic mail addresses; Internet identifiers 725
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10831083 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
10841084
10851085
10861086
10871087 and each Internet identifier's corresponding website homepage or 726
10881088 application software name; home telephone numbers and cellular 727
10891089 telephone numbers; employment information; and any change in 728
10901090 status at an institution of higher education after the sexual 729
10911091 offender reports in person at the sheriff's office must be 730
10921092 reported in the manner provided in subsections (4), (7), and 731
10931093 (8). 732
10941094 733
10951095 When a sexual offender reports at the sheriff's office, the 734
10961096 sheriff shall take a photograph, a set of fingerprints, and palm 735
10971097 prints of the offender and forward the photographs, palm prints, 736
10981098 and fingerprints to the department, along with the information 737
10991099 provided by the sexual offender. The sheriff shall promptly 738
11001100 provide to the department the information received from the 739
11011101 sexual offender. 740
11021102 Section 15. Subsections (5) and (8) of section 943.13, 741
11031103 Florida Statutes, are amended to read: 742
11041104 943.13 Officers' minimum qualifications for employment or 743
11051105 appointment.—On or after October 1, 1984, any person employed or 744
11061106 appointed as a full-time, part-time, or auxiliary law 745
11071107 enforcement officer or correctional officer; on or after October 746
11081108 1, 1986, any person employed as a full -time, part-time, or 747
11091109 auxiliary correctional probation officer; and on or after 748
11101110 October 1, 1986, any person employed as a full -time, part-time, 749
11111111 or auxiliary correctional officer by a private entity under 750
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11201120 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
11211121
11221122
11231123
11241124 contract to the Department of Corrections or to a county 751
11251125 commission shall: 752
11261126 (5) Have documentation of his or her processe d 753
11271127 fingerprints on file with the employing agency or, if a 754
11281128 contractor-employed private correctional officer, have 755
11291129 documentation of his or her processed fingerprints on file with 756
11301130 the Department of Corrections or the Criminal Justice Standards 757
11311131 and Training Commission. The department shall retain and enter 758
11321132 into the statewide automated biometric identification system 759
11331133 authorized by s. 943.05 all fingerprints submitted to the 760
11341134 department as required by this section. Thereafter, the 761
11351135 fingerprints shall be available f or all purposes and uses 762
11361136 authorized for arrest fingerprints entered in the statewide 763
11371137 automated biometric identification system pursuant to s. 764
11381138 943.051. The department shall search all arrest fingerprints 765
11391139 received pursuant to s. 943.051 against the fingerpri nts 766
11401140 retained in the statewide automated biometric identification 767
11411141 system pursuant to this section and report to the employing 768
11421142 agency any arrest records that are identified with the retained 769
11431143 employee's fingerprints. These fingerprints must be forwarded to 770
11441144 the department for processing and retention. 771
11451145 (8) Execute and submit to the employing agency or, if a 772
11461146 contractor-employed private correctional officer, submit to the 773
11471147 appropriate governmental entity an affidavit -of-applicant form, 774
11481148 adopted by the commission, attesting to his or her compliance 775
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11571157 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
11581158
11591159
11601160
11611161 with subsections (1) -(7). The affidavit shall require the 776
11621162 applicant to disclose any pending investigation by a local, 777
11631163 state, or federal agency or entity for criminal, civil, or 778
11641164 administrative wrongdoing and whether the ap plicant separated or 779
11651165 resigned from previous criminal justice employment while he or 780
11661166 she was under investigation. The affidavit shall be executed 781
11671167 under oath and constitutes an official statement within the 782
11681168 purview of s. 837.06. The affidavit shall include c onspicuous 783
11691169 language that the intentional false execution of the affidavit 784
11701170 constitutes a misdemeanor of the second degree. The affidavit 785
11711171 shall be retained by the employing agency. 786
11721172 Section 16. Paragraph (g) of subsection (2) of section 787
11731173 943.325, Florida Statutes, is amended to read: 788
11741174 943.325 DNA database. — 789
11751175 (2) DEFINITIONS.—As used in this section, the term: 790
11761176 (g) "Qualifying offender" means any person, including 791
11771177 juveniles and adults, who is: 792
11781178 1.a. Committed to a county jail; 793
11791179 b. Committed to or under the supervision of the Department 794
11801180 of Corrections, including persons incarcerated in a contractor-795
11811181 operated private correctional institution operated under 796
11821182 contract pursuant to s. 944.105; 797
11831183 c. Committed to or under the supervision of the Department 798
11841184 of Juvenile Justice; 799
11851185 d. Transferred to this state under the Interstate Compact 800
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11941194 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
11951195
11961196
11971197
11981198 on Juveniles, part XIII of chapter 985; or 801
11991199 e. Accepted under Article IV of the Interstate Corrections 802
12001200 Compact, part III of chapter 941; and who is: 803
12011201 2.a. Convicted of any felony offense or attempted felony 804
12021202 offense in this state or of a similar offense in another 805
12031203 jurisdiction; 806
12041204 b. Convicted of a misdemeanor violation of s. 784.048, s. 807
12051205 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 808
12061206 offense that was found, pursuant to s. 874.04, to have been 809
12071207 committed for the purpose of benefiting, promoting, or 810
12081208 furthering the interests of a criminal gang as defined in s. 811
12091209 874.03; 812
12101210 c. Arrested for any felony offense or attempted felony 813
12111211 offense in this state; or 814
12121212 d. In the custody o f a law enforcement agency and is 815
12131213 subject to an immigration detainer issued by a federal 816
12141214 immigration agency. 817
12151215 Section 17. Subsections (4), (5), and (7) of section 818
12161216 944.105, Florida Statutes, are amended to read: 819
12171217 944.105 Contractual arrangements with contractor-operated 820
12181218 private entities for operation and maintenance of correctional 821
12191219 facilities and supervision of inmates. — 822
12201220 (4) A contractor-employed private correctional officer may 823
12211221 use force only while on the grounds of a facility, while 824
12221222 transporting inmates, and while pursuing escapees from a 825
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12311231 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
12321232
12331233
12341234
12351235 facility. A contractor-employed private correctional officer may 826
12361236 use nondeadly force in the following situations: 827
12371237 (a) To prevent the commission of a felony or a 828
12381238 misdemeanor, including escape. 829
12391239 (b) To defend oneself or others against physical assault. 830
12401240 (c) To prevent serious damage to property. 831
12411241 (d) To enforce institutional regulations and orders. 832
12421242 (e) To prevent or quell a riot. 833
12431243 834
12441244 Contractor-employed Private correctional officers may carry and 835
12451245 use firearms and may use deadly force only as a last resort, and 836
12461246 then only to prevent an act that could result in death or 837
12471247 serious bodily injury to oneself or to another perso n. 838
12481248 (5) Contractor-employed Private correctional officers 839
12491249 shall be trained in the use of force and the use of firearms and 840
12501250 shall be trained at the contractor-operated private firm's 841
12511251 expense, at the facilities that train correctional officers 842
12521252 employed by the department. 843
12531253 (7) The department shall require the certification of 844
12541254 contractor-employed private correctional officers at the private 845
12551255 vendor's expense under s. 943.1395, and all such officers must 846
12561256 meet the minimum qualifications established in s. 943.13. All 847
12571257 other employees of the private vendor that perform their duties 848
12581258 at the contractor-operated private correctional facility shall 849
12591259 receive, at a minimum, the same quality and quantity of training 850
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12681268 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
12691269
12701270
12711271
12721272 as that required by the state for employees of state -operated 851
12731273 correctional facilities. All training expenses shall be the 852
12741274 responsibility of the private vendor. The department shall be 853
12751275 the contributor and recipient of all criminal background 854
12761276 information necessary for certification by the Criminal Justice 855
12771277 Standards and Training Commission. 856
12781278 Section 18. Subsections (1) through (4) of section 857
12791279 944.151, Florida Statutes, are amended to read: 858
12801280 944.151 Safe operation and security of correctional 859
12811281 institutions and facilities. —It is the intent of the Legislature 860
12821282 that the Department of Corrections shall be responsible for the 861
12831283 safe operation and security of the correctional institutions and 862
12841284 facilities. The safe operation and security of the state's 863
12851285 correctional institutions and facilities are critical to ensure 864
12861286 public safety and the safety of department employees and 865
12871287 offenders, and to contain violent and chronic offenders until 866
12881288 offenders are otherwise released from the department's custody 867
12891289 pursuant to law. The Secretary of Corrections shall, at a 868
12901290 minimum: 869
12911291 (1) Appoint appropriate department staff to a safety and 870
12921292 security review committee that shall evaluate new safety and 871
12931293 security technology, review and discuss current issues impacting 872
12941294 state and contractor-operated private correctional institutions 873
12951295 and facilities, and review and discuss other issues as requested 874
12961296 by department management. 875
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13051305 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
13061306
13071307
13081308
13091309 (2) Direct appropriate department staff to establish a 876
13101310 periodic schedule for the physical inspection of buildings and 877
13111311 structures of each state and contractor-operated private 878
13121312 correctional institution and facility to determine safety and 879
13131313 security deficiencies. In scheduling the inspections, priority 880
13141314 shall be given to older institutions and facilities; 881
13151315 institutions and facilities that house a large proportion of 882
13161316 violent offenders; institutions and facilities that have 883
13171317 experienced a significant number of inappropriate incidents of 884
13181318 use of force on inmates, assaults on employees, or inmate sexual 885
13191319 abuse; and institutions and facilities that have experienced a 886
13201320 significant number of escapes or escape attempts in the past. 887
13211321 (3) Direct appropriate department staff to conduct or 888
13221322 cause to be conducted announced and unannounced comprehensive 889
13231323 security audits of all state and contractor-operated private 890
13241324 correctional institutions and facilities. Priority shal l be 891
13251325 given to those institutions and facilities that have experienced 892
13261326 a significant number of inappropriate incidents of use of force 893
13271327 on inmates, assaults on employees, or sexual abuse. At a 894
13281328 minimum, the audit must include an evaluation of the physical 895
13291329 plant, landscaping, fencing, security alarms and perimeter 896
13301330 lighting, and confinement, arsenal, key and lock, and entrance 897
13311331 and exit policies. The evaluation of the physical plant policies 898
13321332 must include the identification of blind spots or areas where 899
13331333 staff or inmates may be isolated and the deployment of video 900
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13421342 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
13431343
13441344
13451345
13461346 monitoring systems and other appropriate monitoring technologies 901
13471347 in such spots or areas. Each correctional institution and 902
13481348 facility shall be audited at least annually. The secretary shall 903
13491349 annually report the audit findings to the Governor and the 904
13501350 Legislature. 905
13511351 (4) Direct appropriate department staff to investigate and 906
13521352 evaluate the usefulness and dependability of existing safety and 907
13531353 security technology at state and contractor-operated private 908
13541354 correctional institutions and facilities, investigate and 909
13551355 evaluate new available safety and security technology, and make 910
13561356 periodic written recommendations to the secretary on the 911
13571357 discontinuation or purchase of various safety and security 912
13581358 devices. 913
13591359 Section 19. Paragra ph (b) of subsection (3) of section 914
13601360 944.17, Florida Statutes, is amended to read: 915
13611361 944.17 Commitments and classification; transfers. — 916
13621362 (3) 917
13631363 (b) Notwithstanding paragraph (a), any prisoner 918
13641364 incarcerated in the state correctional system or contractor-919
13651365 operated private correctional facility operated pursuant to 920
13661366 chapter 957 who is convicted in circuit or county court of a 921
13671367 crime committed during that incarceration shall serve the 922
13681368 sentence imposed for that crime within the state correctional 923
13691369 system regardless of the length of sentence or classification of 924
13701370 the offense. 925
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13791379 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
13801380
13811381
13821382
13831383 Section 20. Paragraph (b) of subsection (3) of section 926
13841384 944.35, Florida Statutes, is amended to read: 927
13851385 944.35 Authorized use of force; malicious battery and 928
13861386 sexual misconduct prohibited; reportin g required; penalties. — 929
13871387 (3) 930
13881388 (b)1. As used in this paragraph, the term: 931
13891389 a.b. "Contractor-operated Private correctional facility" 932
13901390 has the same meaning as in s. 944.710. 933
13911391 b.a. "Female genitals" includes the labia minora, labia 934
13921392 majora, clitoris, vulva, hymen, and vagina. 935
13931393 c. "Sexual misconduct" means the oral, anal, or female 936
13941394 genital penetration by, or union with, the sexual organ of 937
13951395 another or the anal or female genital penet ration of another by 938
13961396 any other object, but does not include an act done for a bona 939
13971397 fide medical purpose or an internal search conducted in the 940
13981398 lawful performance of the employee's duty. 941
13991399 d. "Volunteer" means a person registered with the 942
14001400 department or a contractor-operated private correctional 943
14011401 facility who is engaged in specific voluntary service activities 944
14021402 on an ongoing or continual basis. 945
14031403 2. Any employee of the department or a contractor-operated 946
14041404 private correctional facility or any volunteer in, or any 947
14051405 employee of a contractor or subcontractor of, the department or 948
14061406 a contractor-operated private correctional facility who engages 949
14071407 in sexual misconduct with an inmate or an offender supervised by 950
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14161416 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
14171417
14181418
14191419
14201420 the department in the community, without committing the crime of 951
14211421 sexual battery, commits a felony of the third degree, punishable 952
14221422 as provided in s. 775.082, s. 775.083, or s. 775.084. 953
14231423 3. The consent of the inmate or offender supervised by the 954
14241424 department in the community to any act of sexual misconduct may 955
14251425 not be raised as a defense to a prosecution under this 956
14261426 paragraph. 957
14271427 4. This paragraph does not apply to any employee, 958
14281428 volunteer, or employee of a contractor or subcontractor of the 959
14291429 department or any employee, volunteer, or employee of a 960
14301430 contractor or subcontractor of a contractor-operated private 961
14311431 correctional facility who is legally married to an inmate or an 962
14321432 offender supervised by the department in the community, nor does 963
14331433 it apply to any employee, volunteer, or employee of a contractor 964
14341434 or subcontractor who has no k nowledge, and would have no reason 965
14351435 to believe, that the person with whom the employee, volunteer, 966
14361436 or employee of a contractor or subcontractor has engaged in 967
14371437 sexual misconduct is an inmate or an offender under community 968
14381438 supervision of the department. 969
14391439 Section 21. Section 944.40, Florida Statutes, is amended 970
14401440 to read: 971
14411441 944.40 Escapes; penalty. —Any prisoner confined in, or 972
14421442 released on furlough from, any prison, jail, contractor-operated 973
14431443 private correctional facility, road camp, or other penal 974
14441444 institution, whether operated by the state, a county, or a 975
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14531453 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
14541454
14551455
14561456
14571457 municipality, or operated under a contract with the state, a 976
14581458 county, or a municipality, working upon the public roads, or 977
14591459 being transported to or from a place of confinement who escapes 978
14601460 or attempts to escape fr om such confinement commits a felony of 979
14611461 the second degree, punishable as provided in s. 775.082, s. 980
14621462 775.083, or s. 775.084. The punishment of imprisonment imposed 981
14631463 under this section shall run consecutive to any former sentence 982
14641464 imposed upon any prisoner. 983
14651465 Section 22. Subsections (1) and (2) of section 944.605, 984
14661466 Florida Statutes, are amended to read: 985
14671467 944.605 Inmate release; notification; identification 986
14681468 card.— 987
14691469 (1) Within 6 months before the release of an inmate from 988
14701470 the custody of the Department of Corre ctions or a contractor-989
14711471 operated private correctional facility by expiration of sentence 990
14721472 under s. 944.275, any release program provided by law, or parole 991
14731473 under chapter 947, or as soon as possible if the offender is 992
14741474 released earlier than anticipated, notification of such 993
14751475 anticipated release date shall be made known by the Department 994
14761476 of Corrections to the chief judge of the circuit in which the 995
14771477 offender was sentenced, the appropriate state attorney, the 996
14781478 original arresting law enforcement agency, the Department of Law 997
14791479 Enforcement, and the sheriff as chief law enforcement officer of 998
14801480 the county in which the inmate plans to reside. In addition, 999
14811481 unless otherwise requested by the victim, the victim's parent or 1000
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14901490 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
14911491
14921492
14931493
14941494 guardian if the victim is a minor, the lawful representative of 1001
14951495 the victim or of the victim's pa rent or guardian if the victim 1002
14961496 is a minor, the victim's next of kin in the case of a homicide, 1003
14971497 the state attorney or the Department of Corrections, whichever 1004
14981498 is appropriate, shall notify such person within 6 months before 1005
14991499 the inmate's release, or as soon a s possible if the offender is 1006
15001500 released earlier than anticipated, when the name and address of 1007
15011501 such victim, or the name and address of the parent, guardian, 1008
15021502 next of kin, or lawful representative of the victim has been 1009
15031503 furnished to the agency. The state atto rney shall provide the 1010
15041504 latest address documented for the victim, or for the victim's 1011
15051505 parent, guardian, next of kin, or lawful representative, as 1012
15061506 applicable, to the sheriff with the other documents required by 1013
15071507 law for the delivery of inmates to those agenci es for service of 1014
15081508 sentence. Upon request, within 30 days after an inmate is 1015
15091509 approved for community work release, the state attorney, the 1016
15101510 victim, the victim's parent or guardian if the victim is a 1017
15111511 minor, the victim's next of kin in the case of a homicide, o r 1018
15121512 the lawful representative of the victim or of the victim's 1019
15131513 parent or guardian if the victim is a minor shall be notified 1020
15141514 that the inmate has been approved for community work release. 1021
15151515 This section does not imply any repeal or modification of any 1022
15161516 provision of law relating to notification of victims. 1023
15171517 (2) Within 60 days before the anticipated release of an 1024
15181518 inmate under subsection (1), a digitized photograph of the 1025
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15271527 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
15281528
15291529
15301530
15311531 inmate to be released shall be made by the Department of 1026
15321532 Corrections or a contractor-operated private correctional 1027
15331533 facility, whichever has custody of the inmate. If a contractor-1028
15341534 operated private correctional facility makes the digitized 1029
15351535 photograph, this photograph shall be provided to the Department 1030
15361536 of Corrections. Additionally, the digitized photo graph, whether 1031
15371537 made by the Department of Corrections or a contractor-operated 1032
15381538 private correctional facility, shall be placed in the inmate's 1033
15391539 file. The Department of Corrections shall make the digitized 1034
15401540 photograph available electronically to the Department of Law 1035
15411541 Enforcement as soon as the digitized photograph is in the 1036
15421542 department's database and must be in a format that is compatible 1037
15431543 with the requirements of the Florida Crime Information Center. 1038
15441544 The department shall provide a copy of the digitized photograph 1039
15451545 to a local law enforcement agency upon request. 1040
15461546 Section 23. Paragraph (a) of subsection (1) and paragraph 1041
15471547 (a) of subsection (3) of section 944.606, Florida Statutes, are 1042
15481548 amended to read: 1043
15491549 944.606 Sexual offenders; notification upon release. — 1044
15501550 (1) As used in this section, the term: 1045
15511551 (a) "Convicted" means there has been a determination of 1046
15521552 guilt as a result of a trial or the entry of a plea of guilty or 1047
15531553 nolo contendere, regardless of whether adjudication is withheld. 1048
15541554 A conviction for a similar offense includes, but is not limited 1049
15551555 to, a conviction by a federal or military tribunal, including 1050
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15641564 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
15651565
15661566
15671567
15681568 courts-martial conducted by the Armed Forces of the United 1051
15691569 States, and includes a conviction or entry of a plea of guilty 1052
15701570 or nolo contendere resulting in a sanction in any state of the 1053
15711571 United States or other jurisdiction. A sanction includes, but is 1054
15721572 not limited to, a fine; probation; community control; parole; 1055
15731573 conditional release; control release; or incarceration in a 1056
15741574 state prison, federal prison, contractor-operated private 1057
15751575 correctional facility, or local detention facility. 1058
15761576 (3)(a) The department shall provide information regarding 1059
15771577 any sexual offender who is being released after serving a period 1060
15781578 of incarceration for any offense, as follows: 1061
15791579 1. The department shal l provide: the sexual offender's 1062
15801580 name, any change in the offender's name by reason of marriage or 1063
15811581 other legal process, and any alias, if known; the correctional 1064
15821582 facility from which the sexual offender is released; the sexual 1065
15831583 offender's social security numb er, race, sex, date of birth, 1066
15841584 height, weight, and hair and eye color; tattoos or other 1067
15851585 identifying marks; address of any planned permanent residence or 1068
15861586 temporary residence, within the state or out of state, including 1069
15871587 a rural route address and a post office box; if no permanent or 1070
15881588 temporary address, any transient residence within the state; 1071
15891589 address, location or description, and dates of any known future 1072
15901590 temporary residence within the state or out of state; date and 1073
15911591 county of sentence and each crime for which the offender was 1074
15921592 sentenced; a copy of the offender's fingerprints, palm prints, 1075
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16011601 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
16021602
16031603
16041604
16051605 and a digitized photograph taken within 60 days before release; 1076
16061606 the date of release of the sexual offender; all electronic mail 1077
16071607 addresses and all Internet identifiers required to be provided 1078
16081608 pursuant to s. 943.0435(4)(e); employment information, if known, 1079
16091609 provided pursuant to s. 943.0435(4)(e); all home telephone 1080
16101610 numbers and cellular telephone numbers required to be provided 1081
16111611 pursuant to s. 943.0435(4)(e); information about any 1082
16121612 professional licenses the offender has, if known; and passport 1083
16131613 information, if he or she has a passport, and, if he or she is 1084
16141614 an alien, information about documents establishing his or her 1085
16151615 immigration status. The department shall notify the Department 1086
16161616 of Law Enforcement if the sexual offender escapes, absconds, or 1087
16171617 dies. If the sexual offender is in the custody of a contractor-1088
16181618 operated private correctional facility, the facility shall take 1089
16191619 the digitized photograph of the sexual offender within 60 days 1090
16201620 before the sexual offender's release and provide this photograph 1091
16211621 to the Department of Corrections and also place it in the sexual 1092
16221622 offender's file. If the sexual offender is in the custody of a 1093
16231623 local jail, the custodian of the local jail shall register the 1094
16241624 offender within 3 business days after intake of the offender for 1095
16251625 any reason and upon release, and shall notify the Department of 1096
16261626 Law Enforcement of the sexual offender's release and provide to 1097
16271627 the Department of Law Enforcement the information specified in 1098
16281628 this paragraph and any information specified in subparagraph 2. 1099
16291629 that the Department of Law Enforcement requests. 1100
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16381638 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
16391639
16401640
16411641
16421642 2. The department may provide any other information deemed 1101
16431643 necessary, including criminal and corrections records, 1102
16441644 nonprivileged personnel and treatm ent records, when available. 1103
16451645 Section 24. Paragraphs (b) and (f) of subsection (1), 1104
16461646 paragraph (g) of subsection (6), and subsection (12) of section 1105
16471647 944.607, Florida Statutes, are amended to read: 1106
16481648 944.607 Notification to Department of Law Enforcement o f 1107
16491649 information on sexual offenders. — 1108
16501650 (1) As used in this section, the term: 1109
16511651 (b) "Conviction" means a determination of guilt which is 1110
16521652 the result of a trial or the entry of a plea of guilty or nolo 1111
16531653 contendere, regardless of whether adjudication is withhel d. 1112
16541654 Conviction of a similar offense includes, but is not limited to, 1113
16551655 a conviction by a federal or military tribunal, including 1114
16561656 courts-martial conducted by the Armed Forces of the United 1115
16571657 States, and includes a conviction or entry of a plea of guilty 1116
16581658 or nolo contendere resulting in a sanction in any state of the 1117
16591659 United States or other jurisdiction. A sanction includes, but is 1118
16601660 not limited to, a fine; probation; community control; parole; 1119
16611661 conditional release; control release; or incarceration in a 1120
16621662 state prison, federal prison, contractor-operated private 1121
16631663 correctional facility, or local detention facility. 1122
16641664 (f) "Sexual offender" means a person who is in the custody 1123
16651665 or control of, or under the supervision of, the department or is 1124
16661666 in the custody of a contractor-operated private correctional 1125
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16751675 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
16761676
16771677
16781678
16791679 facility: 1126
16801680 1. On or after October 1, 1997, as a result of a 1127
16811681 conviction for committing, or attempting, soliciting, or 1128
16821682 conspiring to commit, any of the criminal offenses proscribed in 1129
16831683 the following statutes in this state or simila r offenses in 1130
16841684 another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 1131
16851685 s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 1132
16861686 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 1133
16871687 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1134
16881688 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1135
16891689 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1136
16901690 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 1137
16911691 makes a written finding that the racketeering activity involve d 1138
16921692 at least one sexual offense listed in this subparagraph or at 1139
16931693 least one offense listed in this subparagraph with sexual intent 1140
16941694 or motive; s. 916.1075(2); or s. 985.701(1); or any similar 1141
16951695 offense committed in this state which has been redesignated from 1142
16961696 a former statute number to one of those listed in this 1143
16971697 paragraph; or 1144
16981698 2. Who establishes or maintains a residence in this state 1145
16991699 and who has not been designated as a sexual predator by a court 1146
17001700 of this state but who has been designated as a sexual predator, 1147
17011701 as a sexually violent predator, or by another sexual offender 1148
17021702 designation in another state or jurisdiction and was, as a 1149
17031703 result of such designation, subjected to registration or 1150
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17121712 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
17131713
17141714
17151715
17161716 community or public notification, or both, or would be if the 1151
17171717 person were a resident of that state or jurisdiction, without 1152
17181718 regard as to whether the person otherwise meets the criteria for 1153
17191719 registration as a sexual offender. 1154
17201720 (6) The information provided to the Department of Law 1155
17211721 Enforcement must include: 1156
17221722 (g) A digitized photograph of the sexual offender which 1157
17231723 must have been taken within 60 days before the offender is 1158
17241724 released from the custody of the department or a contractor-1159
17251725 operated private correctional facility by expiration of sentence 1160
17261726 under s. 944.275 or must have been taken by January 1, 1998, or 1161
17271727 within 60 days after the onset of the department's supervision 1162
17281728 of any sexual offender who is on probation, community control, 1163
17291729 conditional release, parole, provisional release, or control 1164
17301730 release or who is su pervised by the department under the 1165
17311731 Interstate Compact Agreement for Probationers and Parolees. If 1166
17321732 the sexual offender is in the custody of a contractor-operated 1167
17331733 private correctional facility, the facility shall take a 1168
17341734 digitized photograph of the sexual o ffender within the time 1169
17351735 period provided in this paragraph and shall provide the 1170
17361736 photograph to the department. 1171
17371737 1172
17381738 If any information provided by the department changes during the 1173
17391739 time the sexual offender is under the department's control, 1174
17401740 custody, or supervis ion, including any change in the offender's 1175
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17491749 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
17501750
17511751
17521752
17531753 name by reason of marriage or other legal process, the 1176
17541754 department shall, in a timely manner, update the information and 1177
17551755 provide it to the Department of Law Enforcement in the manner 1178
17561756 prescribed in subsection (2). 1179
17571757 (12) Any person who has reason to believe that a sexual 1180
17581758 offender is not complying, or has not complied, with the 1181
17591759 requirements of this section and who, with the intent to assist 1182
17601760 the sexual offender in eluding a law enforcement agency that is 1183
17611761 seeking to find the sexual offender to question the sexual 1184
17621762 offender about, or to arrest the sexual offender for, his or her 1185
17631763 noncompliance with the requirements of this section: 1186
17641764 (a) Withholds information from, or does not notify, the 1187
17651765 law enforcement agency about the s exual offender's noncompliance 1188
17661766 with the requirements of this section, and, if known, the 1189
17671767 whereabouts of the sexual offender; 1190
17681768 (b) Harbors, or attempts to harbor, or assists another 1191
17691769 person in harboring or attempting to harbor, the sexual 1192
17701770 offender; or 1193
17711771 (c) Conceals or attempts to conceal, or assists another 1194
17721772 person in concealing or attempting to conceal, the sexual 1195
17731773 offender; or 1196
17741774 (d) Provides information to the law enforcement agency 1197
17751775 regarding the sexual offender which the person knows to be false 1198
17761776 information, 1199
17771777 1200
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17861786 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
17871787
17881788
17891789
17901790 commits a felony of the third degree, punishable as provided in 1201
17911791 s. 775.082, s. 775.083, or s. 775.084. This subsection does not 1202
17921792 apply if the sexual offender is incarcerated in or is in the 1203
17931793 custody of a state correctional facility, a contractor-operated 1204
17941794 private correctional facility, a local jail, or a federal 1205
17951795 correctional facility. 1206
17961796 Section 25. Subsection (1) and paragraph (e) of subsection 1207
17971797 (5) of section 944.608, Florida Statutes, are amended to read: 1208
17981798 944.608 Notification to Department of Law Enfo rcement of 1209
17991799 information on career offenders. — 1210
18001800 (1) As used in this section, the term "career offender" 1211
18011801 means a person who is in the custody or control of, or under the 1212
18021802 supervision of, the department or is in the custody or control 1213
18031803 of, or under the supervis ion of, a contractor-operated private 1214
18041804 correctional facility, and who is designated as a habitual 1215
18051805 violent felony offender, a violent career criminal, or a three -1216
18061806 time violent felony offender under s. 775.084 or as a prison 1217
18071807 releasee reoffender under s. 775.08 2(9). 1218
18081808 (5) The information provided to the Department of Law 1219
18091809 Enforcement must include: 1220
18101810 (e) A digitized photograph of the career offender, which 1221
18111811 must have been taken within 60 days before the career offender 1222
18121812 is released from the custody of the department or a contractor-1223
18131813 operated private correctional facility or within 60 days after 1224
18141814 the onset of the department's supervision of any career offender 1225
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18231823 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
18241824
18251825
18261826
18271827 who is on probation, community control, conditional release, 1226
18281828 parole, provisional release, or control release. I f the career 1227
18291829 offender is in the custody or control of, or under the 1228
18301830 supervision of, a contractor-operated private correctional 1229
18311831 facility, the facility shall take a digitized photograph of the 1230
18321832 career offender within the time period provided in this 1231
18331833 paragraph and shall provide the photograph to the department. 1232
18341834 Section 26. Subsection (1) and paragraph (a) of subsection 1233
18351835 (3) of section 944.609, Florida Statutes, are amended to read: 1234
18361836 944.609 Career offenders; notification upon release. — 1235
18371837 (1) As used in this section, the term "career offender" 1236
18381838 means a person who is in the custody or control of, or under the 1237
18391839 supervision of, the department or is in the custody or control 1238
18401840 of, or under the supervision of a contractor-operated private 1239
18411841 correctional facility, who is designated as a habitual violent 1240
18421842 felony offender, a violent career criminal, or a three -time 1241
18431843 violent felony offender under s. 775.084 or as a prison releasee 1242
18441844 reoffender under s. 775.082(9). 1243
18451845 (3)(a) The department must provide information regarding 1244
18461846 any career offender who is being released after serving a period 1245
18471847 of incarceration for any offense, as follows: 1246
18481848 1. The department must provide the career offender's name, 1247
18491849 any change in the career offender's name by reason of marriage 1248
18501850 or other legal process, and any alias, if known; the 1249
18511851 correctional facility from which the career offender is 1250
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18601860 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
18611861
18621862
18631863
18641864 released; the career offender's social security number, race, 1251
18651865 gender, date of birth, height, weight, and hair and eye color; 1252
18661866 date and county of sentence and each crime for wh ich the career 1253
18671867 offender was sentenced; a copy of the career offender's 1254
18681868 fingerprints and a digitized photograph taken within 60 days 1255
18691869 before release; the date of release of the career offender; and 1256
18701870 the career offender's intended residence address, if known. The 1257
18711871 department shall notify the Department of Law Enforcement if the 1258
18721872 career offender escapes, absconds, or dies. If the career 1259
18731873 offender is in the custody of a contractor-operated private 1260
18741874 correctional facility, the facility shall take the digitized 1261
18751875 photograph of the career offender within 60 days before the 1262
18761876 career offender's release and provide this photograph to the 1263
18771877 Department of Corrections and also place it in the career 1264
18781878 offender's file. If the career offender is in the custody of a 1265
18791879 local jail, the custod ian of the local jail shall notify the 1266
18801880 Department of Law Enforcement of the career offender's release 1267
18811881 and provide to the Department of Law Enforcement the information 1268
18821882 specified in this paragraph and any information specified in 1269
18831883 subparagraph 2. which the De partment of Law Enforcement 1270
18841884 requests. 1271
18851885 2. The department may provide any other information deemed 1272
18861886 necessary, including criminal and corrections records and 1273
18871887 nonprivileged personnel and treatment records, when available. 1274
18881888 Section 27. Section 944.7031, Fl orida Statutes, is amended 1275
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18971897 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
18981898
18991899
19001900
19011901 to read: 1276
19021902 944.7031 Eligible inmates released from contractor-1277
19031903 operated private correctional facilities. — 1278
19041904 (1) It is the intent of the Legislature that state inmates 1279
19051905 nearing release from a contractor-operated private correctional 1280
19061906 facility managed under chapter 957 are eligible for assistance 1281
19071907 under ss. 944.701-944.708, and all laws that provide for or 1282
19081908 mandate transition assistance services to inmates nearing 1283
19091909 release also apply to inmates who reside in contractor-operated 1284
19101910 private correctional facilities. 1285
19111911 (2) To assist an inmate nearing release from a contractor-1286
19121912 operated private correctional facility, the department and the 1287
19131913 transition assistance specialist shall coordinate with a 1288
19141914 designated staff person at each contractor-operated private 1289
19151915 correctional facility to ensure that a state inmate released 1290
19161916 from the contractor-operated private correctional facility is 1291
19171917 informed of and provided with the same level of transition 1292
19181918 assistance services that are provided by the department for an 1293
19191919 inmate in a state correctional facility. Any inmate released 1294
19201920 from a contractor-operated private correctional facility shall 1295
19211921 also have equal access to placement consideration in a 1296
19221922 contracted substance abuse transition housing program, including 1297
19231923 those programs that have a faith-based component. 1298
19241924 Section 28. Section 944.714, Florida Statutes, is amended 1299
19251925 to read: 1300
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19331933 Page 53 of 76
19341934 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
19351935
19361936
19371937
19381938 944.714 Quality assurance and standards of operation. — 1301
19391939 (1) The level and quality of programs provided by a 1302
19401940 private vendor at a contractor-operated private correctional 1303
19411941 facility must be at least equal to programs provided at a 1304
19421942 correctional facility operated by the department that houses 1305
19431943 similar types of inmates and must be at a cost that provides the 1306
19441944 state with a substantial savings, as determined by a private 1307
19451945 accounting firm selected by the Department of Corrections. 1308
19461946 (2) All contractor-employed private correctional officers 1309
19471947 employed by a private vendor must be certified, at the private 1310
19481948 vendor's expense, as having met the minimum qualifications 1311
19491949 established for correctional officers under s. 943.13. 1312
19501950 (3) Pursuant to the terms of the contract, a private 1313
19511951 vendor shall design, construct, and operate a contractor-1314
19521952 operated private correctional facility in accordance with the 1315
19531953 standards established by the American Correctional Association 1316
19541954 and approved by the department at the time of the contract. In 1317
19551955 addition, a contractor-operated private correctional facility 1318
19561956 shall meet any higher standard mandated in the full or partial 1319
19571957 settlement of any litigation challenging the constitutional 1320
19581958 conditions of confinement to which the department is a named 1321
19591959 defendant. The standar ds required under a contract for operating 1322
19601960 a contractor-operated private correctional facility may be 1323
19611961 higher than the standards required for accreditation by the 1324
19621962 American Correctional Association. A private vendor shall comply 1325
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19711971 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
19721972
19731973
19741974
19751975 with all federal and state co nstitutional requirements, federal, 1326
19761976 state, and local laws, department rules, and all court orders. 1327
19771977 Section 29. Section 944.715, Florida Statutes, is amended 1328
19781978 to read: 1329
19791979 944.715 Delegation of authority. — 1330
19801980 (1) A private vendor shall incarcerate all inmat es 1331
19811981 assigned to the contractor-operated private correctional 1332
19821982 facility by the department and as specified in the contract. The 1333
19831983 department may not exceed the maximum occupancy designated for 1334
19841984 the facility in the contract. 1335
19851985 (2) Inmates incarcerated in a contractor-operated private 1336
19861986 correctional facility are in the legal custody of the 1337
19871987 department. A private vendor may not award gain -time or release 1338
19881988 credits, determine inmate eligibility for furlough or work 1339
19891989 release, calculate inmate release dates, approve inmate 1340
19901990 transfers, place inmates in less restrictive custody than that 1341
19911991 ordered by the department or approve inmate work assignments. A 1342
19921992 private vendor may not benefit financially from the labor of 1343
19931993 inmates except to the extent authorized under chapter 946. 1344
19941994 Section 30. Section 944.716, Florida Statutes, is amended 1345
19951995 to read: 1346
19961996 944.716 Contract termination and control of a correctional 1347
19971997 facility by the department. —A detailed plan shall be provided by 1348
19981998 a private vendor under which the department shall assume control 1349
19991999 of a contractor-operated private correctional facility upon 1350
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20082008 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
20092009
20102010
20112011
20122012 termination of the contract. The department may terminate the 1351
20132013 contract with cause after written notice of material 1352
20142014 deficiencies and after 60 workdays in order to correct the 1353
20152015 material deficiencies. If any event occurs that involves the 1354
20162016 noncompliance with or violation of contract terms and that 1355
20172017 presents a serious threat to the safety, health, or security of 1356
20182018 the inmates, employees, or the public, the department may 1357
20192019 temporarily assume control of the contractor-operated private 1358
20202020 correctional facility. A plan shall also be provided by a 1359
20212021 private vendor for the purchase and assumption of operations of 1360
20222022 a correctional facility by the department in the event of 1361
20232023 bankruptcy or the financial insolvency of the private vendor. 1362
20242024 The private vendor shall provide an emergency plan to address 1363
20252025 inmate disturbances, employee work stoppages, strikes, or other 1364
20262026 serious events in accordance with standards of the American 1365
20272027 Correctional Association. 1366
20282028 Section 31. Subsection (1) of se ction 944.717, Florida 1367
20292029 Statutes, is amended to read: 1368
20302030 944.717 Conflicts of interest. — 1369
20312031 (1) An employee of the department or any governmental 1370
20322032 entity that exercises any functions or responsibilities in the 1371
20332033 review or approval of a contractor-operated private correctional 1372
20342034 facility contract or the operation of a contractor-operated 1373
20352035 private correctional facility, or a member of the immediate 1374
20362036 family of any such person, may not solicit or accept, directly 1375
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20452045 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
20462046
20472047
20482048
20492049 or indirectly, any personal benefit or promise of a benefi t from 1376
20502050 a bidder or private vendor. 1377
20512051 Section 32. Subsection (1) of section 944.718, Florida 1378
20522052 Statutes, is amended to read: 1379
20532053 944.718 Withdrawal of request for proposals. — 1380
20542054 (1) When soliciting proposals for the construction, lease, 1381
20552055 or operation of a contractor-operated private correctional 1382
20562056 facility, the department may reserve the right to withdraw the 1383
20572057 request for proposals at any time and for any reason. Receipt of 1384
20582058 proposal materials by the department or submission of a proposal 1385
20592059 to the department does not confer any rights upon the proposer 1386
20602060 or obligations upon the department. 1387
20612061 Section 33. Paragraphs (a) and (f) of subsection (1), 1388
20622062 subsection (3), and paragraph (b) of subsection (5) of section 1389
20632063 944.719, Florida Statutes, are amended to read: 1390
20642064 944.719 Adoption of rules, monitoring, and reporting. — 1391
20652065 (1) The department shall adopt rules pursuant to chapter 1392
20662066 120 specifying criteria for contractual arrangements and 1393
20672067 standards for the operation of correctional facilities by 1394
20682068 private vendors. Such rules shall define : 1395
20692069 (a) Various categories of contractor-operated private 1396
20702070 correctional facilities. 1397
20712071 (f) The characteristics of inmates to be incarcerated in 1398
20722072 contractor-operated private correctional facilities. 1399
20732073 (3) The private vendor shall provide a work area at the 1400
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20822082 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
20832083
20842084
20852085
20862086 contractor-operated private correctional facility for use by the 1401
20872087 contract monitor appointed by the department and shall provide 1402
20882088 the monitor with access to all data, reports, and other 1403
20892089 materials that the monitor, the Auditor General, and the Office 1404
20902090 of Program Policy Analysis and Government Accountability 1405
20912091 determine are necessary to carry out monitoring and auditing 1406
20922092 responsibilities. 1407
20932093 (5) The Office of Program Policy Analysis and Government 1408
20942094 Accountability shall conduct a performance audit, including a 1409
20952095 review of the annual financial audit of the private entity and 1410
20962096 shall deliver a report to the Legislature by February 1 of the 1411
20972097 third year following any contract awarded by the department for 1412
20982098 the operation of a correctional facility by a private vendor. 1413
20992099 (b) In preparing the report, the office shall consider, in 1414
21002100 addition to other factors it determines are significant: 1415
21012101 1. The extent to which the private vendor and the 1416
21022102 department have complied with the terms of the contract and ss. 1417
21032103 944.710-944.719. 1418
21042104 2. The wages and benefits that are provided to the staff 1419
21052105 of the contractor-operated private correctional facility as 1420
21062106 compared to wages and benefits provided to employees of the 1421
21072107 department performing comparable tasks. 1422
21082108 Section 34. Subsection (1) of section 944.72, Florida 1423
21092109 Statutes, is amended to read: 1424
21102110 944.72 Contractor-Operated Privately Operated Institutions 1425
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21192119 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
21202120
21212121
21222122
21232123 Inmate Welfare Trust Fund. — 1426
21242124 (1) There is hereby created in the Department of 1427
21252125 Corrections the Contractor-Operated Privately Operated 1428
21262126 Institutions Inmate Wel fare Trust Fund. The purpose of the trust 1429
21272127 fund shall be the benefit and welfare of inmates incarcerated in 1430
21282128 contractor-operated private correctional facilities under 1431
21292129 contract with the department pursuant to this chapter or chapter 1432
21302130 957. Moneys shall be depos ited in the trust fund and 1433
21312131 expenditures made from the trust fund as provided in s. 945.215. 1434
21322132 Section 35. Subsection (9) of section 944.801, Florida 1435
21332133 Statutes, is amended to read: 1436
21342134 944.801 Education for state prisoners. — 1437
21352135 (9) Notwithstanding s. 120.81(3), all inmates under 22 1438
21362136 years of age who qualify for special educational services and 1439
21372137 programs pursuant to the Individuals with Disabilities Education 1440
21382138 Act, 20 U.S.C. ss. 1400 et seq., and who request a due process 1441
21392139 hearing as provided by that act shall be entitled to such 1442
21402140 hearing before the Division of Administrative Hearings. 1443
21412141 Administrative law judges shall not be required to travel to 1444
21422142 state or contractor-operated private correctional institutions 1445
21432143 and facilities in order to c onduct these hearings. 1446
21442144 Section 36. Subsections (1) and (3) of section 944.803, 1447
21452145 Florida Statutes, are amended to read: 1448
21462146 944.803 Faith- and character-based programs.— 1449
21472147 (1) The Legislature finds and declares that faith - and 1450
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21562156 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
21572157
21582158
21592159
21602160 character-based programs offered in state and contractor-1451
21612161 operated private correctional institutions and facilities have 1452
21622162 the potential to facilitate inmate institutional adjustment, 1453
21632163 help inmates assume personal responsibility, and reduce 1454
21642164 recidivism. 1455
21652165 (3) It is the intent of the Legisl ature that the 1456
21662166 department and the private vendors operating contractor-operated 1457
21672167 private correctional facilities continuously: 1458
21682168 (a) Measure recidivism rates for inmates who have 1459
21692169 participated in faith - and character-based programs. 1460
21702170 (b) Increase the number of volunteers who minister to 1461
21712171 inmates from various faith -based and secular institutions in the 1462
21722172 community. 1463
21732173 (c) Develop community linkages with secular institutions 1464
21742174 as well as churches, synagogues, mosques, and other faith -based 1465
21752175 institutions to assist inm ates in their release back into the 1466
21762176 community. 1467
21772177 Section 37. Paragraphs (a) and (b) of subsection (2) of 1468
21782178 section 945.10, Florida Statutes, are amended to read: 1469
21792179 945.10 Confidential information. — 1470
21802180 (2) The records and information specified in paragraphs 1471
21812181 (1)(a)-(i) may be released as follows unless expressly 1472
21822182 prohibited by federal law: 1473
21832183 (a) Information specified in paragraphs (1)(b), (d), and 1474
21842184 (f) to the Executive Office of the Governor, the Legislature, 1475
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21932193 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
21942194
21952195
21962196
21972197 the Florida Commission on Offender Review, the Depart ment of 1476
21982198 Children and Families, a contractor-operated private 1477
21992199 correctional facility or program that operates under a contract, 1478
22002200 the Department of Legal Affairs, a state attorney, the court, or 1479
22012201 a law enforcement agency. A request for records or information 1480
22022202 pursuant to this paragraph need not be in writing. 1481
22032203 (b) Information specified in paragraphs (1)(c), (e), and 1482
22042204 (i) to the Executive Office of the Governor, the Legislature, 1483
22052205 the Florida Commission on Offender Review, the Department of 1484
22062206 Children and Families, a contractor-operated private 1485
22072207 correctional facility or program that operates under contract, 1486
22082208 the Department of Legal Affairs, a state attorney, the court, or 1487
22092209 a law enforcement agency. A request for records or information 1488
22102210 pursuant to this paragraph must be in writing and a statement 1489
22112211 provided demonstrating a need for the records or information. 1490
22122212 1491
22132213 Records and information released under this subsection remain 1492
22142214 confidential and exempt from the provisions of s. 119.07(1) and 1493
22152215 s. 24(a), Art. I of the State Constitution when held by the 1494
22162216 receiving person or entity. 1495
22172217 Section 38. Subsection (3) of section 945.215, Florida 1496
22182218 Statutes, is amended to read: 1497
22192219 945.215 Inmate welfare and employee benefit trust funds. — 1498
22202220 (3) CONTRACTOR-OPERATED PRIVATELY OPERATED INSTITUTIONS 1499
22212221 INMATE WELFARE TRUST FUND; CONTRACTOR-OPERATED PRIVATE 1500
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22302230 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
22312231
22322232
22332233
22342234 CORRECTIONAL FACILITIES. — 1501
22352235 (a) For purposes of this subsection, contractor-operated 1502
22362236 privately operated institutions or contractor-operated private 1503
22372237 correctional facilities are those correctional facilitie s under 1504
22382238 contract with the department pursuant to chapter 944 or chapter 1505
22392239 957. 1506
22402240 (b)1. The net proceeds derived from inmate canteens, 1507
22412241 vending machines used primarily by inmates, telephone 1508
22422242 commissions, and similar sources at contractor-operated private 1509
22432243 correctional facilities shall be deposited in the Contractor-1510
22442244 Operated Privately Operated Institutions Inmate Welfare Trust 1511
22452245 Fund. 1512
22462246 2. Funds in the Contractor-Operated Privately Operated 1513
22472247 Institutions Inmate Welfare Trust Fund shall be expended only 1514
22482248 pursuant to legislative appropriation. 1515
22492249 (c) The department shall annually compile a report that 1516
22502250 documents Contractor-Operated Privately Operated Institutions 1517
22512251 Inmate Welfare Trust Fund receipts and expenditures at each 1518
22522252 contractor-operated private correctional facility. This report 1519
22532253 must specifically identify receipt sources and expenditures. The 1520
22542254 department shall compile this report for the prior fiscal year 1521
22552255 and shall submit the report by September 1 of each year to the 1522
22562256 chairs of the appropriate substantive and fiscal comm ittees of 1523
22572257 the Senate and House of Representatives and to the Executive 1524
22582258 Office of the Governor. 1525
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22672267 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
22682268
22692269
22702270
22712271 Section 39. Subsections (2) and (3) of section 945.6041, 1526
22722272 Florida Statutes, are amended to read: 1527
22732273 945.6041 Inmate medical services. — 1528
22742274 (2) Compensation to a health care provider to provide 1529
22752275 inmate medical services may not exceed 110 percent of the 1530
22762276 Medicare allowable rate if the health care provider does not 1531
22772277 have a contract to provide services with the department or the 1532
22782278 contractor-operated private correctional facility, as defined in 1533
22792279 s. 944.710, which houses the inmate. However, compensation to a 1534
22802280 health care provider may not exceed 125 percent of the Medicare 1535
22812281 allowable rate if: 1536
22822282 (a) The health care provider does not have a contract to 1537
22832283 provide services with the d epartment or the contractor-operated 1538
22842284 private correctional facility, as defined in s. 944.710, which 1539
22852285 houses the inmate; and 1540
22862286 (b) The health care provider reported a negative operating 1541
22872287 margin for the previous year to the Agency for Health Care 1542
22882288 Administration through hospital-audited financial data. 1543
22892289 (3) Compensation to an entity to provide emergency medical 1544
22902290 transportation services for inmates may not exceed 110 percent 1545
22912291 of the Medicare allowable rate if the entity does not have a 1546
22922292 contract with the department or a contractor-operated private 1547
22932293 correctional facility, as defined in s. 944.710, to provide the 1548
22942294 services. 1549
22952295 Section 40. Section 946.5025, Florida Statutes, is amended 1550
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23042304 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
23052305
23062306
23072307
23082308 to read: 1551
23092309 946.5025 Authorization of corporation to enter into 1552
23102310 contracts.—The corporation established under this part may enter 1553
23112311 into contracts to operate correctional work programs with any 1554
23122312 county or municipal authority that operates a correctional 1555
23132313 facility or with a contractor authorized under chapter 944 or 1556
23142314 chapter 957 to operate a contractor-operated private 1557
23152315 correctional facility. The corporation has the same powers, 1558
23162316 privileges, and immunities in carrying out such contracts as it 1559
23172317 has under this chapter. 1560
23182318 Section 41. Section 946.503, Florida Statutes, is amended 1561
23192319 to read: 1562
23202320 946.503 Definitions to be used with respect to 1563
23212321 correctional work programs. —As used in this part, the term: 1564
23222322 (1)(6) "Contractor-operated Private correctional facility" 1565
23232323 means a facility authoriz ed by chapter 944 or chapter 957. 1566
23242324 (2)(1) "Corporation" means the private nonprofit 1567
23252325 corporation established pursuant to s. 946.504(1), or a private 1568
23262326 nonprofit corporation whose sole member is the private nonprofit 1569
23272327 corporation established pursuant to s. 946 .504(1), and at least 1570
23282328 51 percent of the board of which contains members of the board 1571
23292329 of directors of the private nonprofit corporation established 1572
23302330 pursuant to s. 946.504(1), to carry out this part. 1573
23312331 (3)(2) "Correctional work program" means any program 1574
23322332 presently a part of the prison industries program operated by 1575
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23412341 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
23422342
23432343
23442344
23452345 the department or any other correctional work program carried on 1576
23462346 at any state correctional facility presently or in the future, 1577
23472347 but the term does not include any program authorized by s. 1578
23482348 945.091 or s. 946.40. 1579
23492349 (4)(3) "Department" means the Department of Corrections. 1580
23502350 (5)(4) "Facilities" means the buildings and land used in 1581
23512351 the operation of an industry program on state property. 1582
23522352 (6)(5) "Inmate" means any person incarcerated within any 1583
23532353 state, county, municipal, or contractor-operated private 1584
23542354 correctional facility. 1585
23552355 Section 42. Subsection (6) of section 951.062, Florida 1586
23562356 Statutes, is amended to read: 1587
23572357 951.062 Contractual arrangements for operation and 1588
23582358 maintenance of county detention facilities. — 1589
23592359 (6) Contractor-employed Private correctional officers 1590
23602360 responsible for supervising inmates within the facility shall 1591
23612361 meet the requirements necessary for certification by the 1592
23622362 Criminal Justice Standards and Training Commission pursuant to 1593
23632363 s. 943.1395. However, expenses for such training shall be the 1594
23642364 responsibility of the private entity. 1595
23652365 Section 43. Section 951.063, Florida Statutes, is amended 1596
23662366 to read: 1597
23672367 951.063 Contractor-operated privately operated county 1598
23682368 correctional facilities. —Each contractor-employed private 1599
23692369 correctional officer employed by a private entity under contract 1600
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23782378 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
23792379
23802380
23812381
23822382 to a county commission must be certified as a correctional 1601
23832383 officer under s. 943.1395 and must meet the minimum 1602
23842384 qualifications established in s. 943.13. The county shall 1603
23852385 provide to the Criminal Justice Standards and Training 1604
23862386 Commission all necessary fingerprints for Florida Department of 1605
23872387 Law Enforcement and Federal Bureau of Investigation background 1606
23882388 checks. The Criminal Justice Standards and Training Commission 1607
23892389 shall advise the count y as to those employees whose 1608
23902390 certification has been denied or revoked. Neither the county nor 1609
23912391 the private entity shall be the direct recipient of criminal 1610
23922392 records. 1611
23932393 Section 44. Section 957.05, Florida Statutes, is amended 1612
23942394 to read: 1613
23952395 957.05 Requirements for contractors operating contractor-1614
23962396 operated private correctional facilities. — 1615
23972397 (1) Each contractor entering into a contract under this 1616
23982398 chapter is liable in tort with respect to the care and custody 1617
23992399 of inmates under its supervision and for any breach of contract. 1618
24002400 Sovereign immunity may not be raised by a contractor, or the 1619
24012401 insurer of that contractor on the contractor's behalf, as a 1620
24022402 defense in any action arising out of the performance of any 1621
24032403 contract entered into under this chapter or as a defense in 1622
24042404 tort, or any other application, with respect to the care and 1623
24052405 custody of inmates under the contractor's supervision and for 1624
24062406 any breach of contract. 1625
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24152415 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
24162416
24172417
24182418
24192419 (2)(a) The training requirements, including inservice 1626
24202420 training requirements, for employees of a contractor that 1627
24212421 assumes the responsibility for the operation and maintenance of 1628
24222422 a contractor-operated private correctional facility must meet or 1629
24232423 exceed the requirements for similar employees of the department 1630
24242424 or the training requirements mandated for accreditation by the 1631
24252425 American Correctional Association, whichever of those 1632
24262426 requirements are the more demanding. All employee training 1633
24272427 expenses are the responsibility of the contractor. 1634
24282428 (b) Employees of a contractor who are responsible for the 1635
24292429 supervision of inmates shall ha ve the same legal authority to 1636
24302430 rely on nondeadly and deadly force as do similar employees of 1637
24312431 the department. 1638
24322432 (3) Any contractor or person employed by a contractor 1639
24332433 operating a correctional or detention facility pursuant to a 1640
24342434 contract executed under this c hapter shall be exempt from the 1641
24352435 requirements of chapter 493, relating to licensure of private 1642
24362436 investigators and security officers. 1643
24372437 Section 45. Subsection (2) of section 957.06, Florida 1644
24382438 Statutes, is amended to read: 1645
24392439 957.06 Powers and duties not delega ble to contractor.—A 1646
24402440 contract entered into under this chapter does not authorize, 1647
24412441 allow, or imply a delegation of authority to the contractor to: 1648
24422442 (2) Choose the facility to which an inmate is initially 1649
24432443 assigned or subsequently transferred. The contractor may 1650
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24522452 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
24532453
24542454
24552455
24562456 request, in writing, that an inmate be transferred to a facility 1651
24572457 operated by the department. The contractor and the department 1652
24582458 shall develop and implement a cooperative agreement for 1653
24592459 transferring inmates between a correctional facility operated by 1654
24602460 the department and a contractor-operated private correctional 1655
24612461 facility. The department and the contractor must comply with the 1656
24622462 cooperative agreement. 1657
24632463 Section 46. Section 957.08, Florida Statutes, is amended 1658
24642464 to read: 1659
24652465 957.08 Capacity requirements. —The department shall 1660
24662466 transfer and assign prisoners to each contractor-operated 1661
24672467 private correctional facility opened pursuant to this chapter in 1662
24682468 an amount not less than 90 percent or more than 100 percent of 1663
24692469 the capacity of the facility pursuant to the contract. T he 1664
24702470 prisoners transferred by the department shall represent a cross -1665
24712471 section of the general inmate population, based on the grade of 1666
24722472 custody or the offense of conviction, at the most comparable 1667
24732473 facility operated by the department. 1668
24742474 Section 47. Subsection (1) of section 957.09, Florida 1669
24752475 Statutes, is amended to read: 1670
24762476 957.09 Applicability of chapter to other provisions of 1671
24772477 law.— 1672
24782478 (1)(a) Any offense that if committed at a state 1673
24792479 correctional facility would be a crime is a crime if committed 1674
24802480 by or with regard to inmates at contractor-operated private 1675
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24892489 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
24902490
24912491
24922492
24932493 correctional facilities operated pursuant to a contract entered 1676
24942494 into under this chapter. 1677
24952495 (b) All laws relating to commutation of sentences, release 1678
24962496 and parole eligibility, and the award of sentence credits apply 1679
24972497 to inmates incarcerated in a contractor-operated private 1680
24982498 correctional facility operated pursuant to a contract entered 1681
24992499 into under this chapter. 1682
25002500 Section 48. Section 957.13, Florida Statutes, is amended 1683
25012501 to read: 1684
25022502 957.13 Background checks. — 1685
25032503 (1) The Florida Department of Law Enforcement may accept 1686
25042504 fingerprints of individuals who apply for employment at a 1687
25052505 contractor-operated private correctional facility and who are 1688
25062506 required to have background checks under the provisions of this 1689
25072507 chapter. 1690
25082508 (2) The Florida Department of Law Enforcement may, to the 1691
25092509 extent provided for by federal law, provide for the exchange of 1692
25102510 state, multistate, and federal criminal history records of 1693
25112511 individuals who apply for employment at a contractor-operated 1694
25122512 private correctional facility for the purpose of conducting 1695
25132513 background checks as required by law or contract. 1696
25142514 Section 49. Section 957.14, Florida Statutes, is amended 1697
25152515 to read: 1698
25162516 957.14 Contract termination and control of a correctional 1699
25172517 facility by the department. —A detailed plan shall be provided by 1700
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25262526 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
25272527
25282528
25292529
25302530 a private vendor under which the department shall assume 1701
25312531 temporary control of a contractor-operated private correctional 1702
25322532 facility upon termination of the contract. The department may 1703
25332533 terminate the contract with cause af ter written notice of 1704
25342534 material deficiencies and after 60 workdays in order to correct 1705
25352535 the material deficiencies. If any event occurs that involves the 1706
25362536 noncompliance with or violation of contract terms and that 1707
25372537 presents a serious threat to the safety, healt h, or security of 1708
25382538 the inmates, employees, or the public, the department may 1709
25392539 temporarily assume control of the contractor-operated private 1710
25402540 correctional facility. A plan shall also be provided by a 1711
25412541 private vendor for the purchase and temporary assumption of 1712
25422542 operations of a correctional facility by the department in the 1713
25432543 event of bankruptcy or the financial insolvency of the private 1714
25442544 vendor. The private vendor shall provide an emergency plan to 1715
25452545 address inmate disturbances, employee work stoppages, strikes, 1716
25462546 or other serious events in accordance with standards of the 1717
25472547 American Correctional Association. 1718
25482548 Section 50. Paragraph (p) of subsection (1) of section 1719
25492549 960.001, Florida Statutes, is amended to read: 1720
25502550 960.001 Guidelines for fair treatment of victims and 1721
25512551 witnesses in the criminal justice and juvenile justice systems. — 1722
25522552 (1) The Department of Legal Affairs, the state attorneys, 1723
25532553 the Department of Corrections, the Department of Juvenile 1724
25542554 Justice, the Florida Commission on Offender Review, the State 1725
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25632563 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
25642564
25652565
25662566
25672567 Courts Administrator and circuit court administrators, the 1726
25682568 Department of Law Enforcement, and every sheriff's department, 1727
25692569 police department, or other law enforcement agency as defined in 1728
25702570 s. 943.10(4) shall develop and implement guidelines for the use 1729
25712571 of their respective a gencies, which guidelines are consistent 1730
25722572 with the purposes of this act and s. 16(b), Art. I of the State 1731
25732573 Constitution and are designed to implement s. 16(b), Art. I of 1732
25742574 the State Constitution and to achieve the following objectives: 1733
25752575 (p) Information concerning escape from a state 1734
25762576 correctional institution, county jail, juvenile detention 1735
25772577 facility, or residential commitment facility. —In any case where 1736
25782578 an offender escapes from a state correctional institution, 1737
25792579 contractor-operated private correctional facility, county jail, 1738
25802580 juvenile detention facility, or residential commitment facility, 1739
25812581 the institution of confinement shall immediately notify the 1740
25822582 state attorney of the jurisdiction where the criminal charge or 1741
25832583 petition for delinquency arose and the judge who impo sed the 1742
25842584 sentence of incarceration. The state attorney shall thereupon 1743
25852585 make every effort to notify the victim, material witness, 1744
25862586 parents or legal guardian of a minor who is a victim or witness, 1745
25872587 or immediate relatives of a homicide victim of the escapee. The 1746
25882588 state attorney shall also notify the sheriff of the county where 1747
25892589 the criminal charge or petition for delinquency arose. The 1748
25902590 sheriff shall offer assistance upon request. When an escaped 1749
25912591 offender is subsequently captured or is captured and returned to 1750
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26002600 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
26012601
26022602
26032603
26042604 the institution of confinement, the institution of confinement 1751
26052605 shall again immediately notify the appropriate state attorney 1752
26062606 and sentencing judge pursuant to this section. 1753
26072607 Section 51. Paragraph (a) of subsection (3) of section 1754
26082608 985.481, Florida Statutes, is amended to read: 1755
26092609 985.481 Sexual offenders adjudicated delinquent; 1756
26102610 notification upon release. — 1757
26112611 (3)(a) The department shall provide information regarding 1758
26122612 any sexual offender who is being released after serving a period 1759
26132613 of residential commitment under the department for any offense, 1760
26142614 as follows: 1761
26152615 1. The department shall provide the sexual offender's 1762
26162616 name, any change in the offender's name by reason of marriage or 1763
26172617 other legal process, and any alias, if known; the correctional 1764
26182618 facility from which the sexual offender is released; the sexual 1765
26192619 offender's social security number, race, sex, date of birth, 1766
26202620 height, weight, and hair and eye color; tattoos or other 1767
26212621 identifying marks; the make, model, color, vehicle 1768
26222622 identification number (VIN), and license tag number of all 1769
26232623 vehicles owned; address of any planned permanent residence or 1770
26242624 temporary residence, within the state or out of state, including 1771
26252625 a rural route address and a post office box; if no permanent or 1772
26262626 temporary address, any transient residence within the state; 1773
26272627 address, location or description, and dates of any known future 1774
26282628 temporary residence within the state or out of state; date and 1775
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26372637 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
26382638
26392639
26402640
26412641 county of disposition and each crime for which there was a 1776
26422642 disposition; a copy of the offender's fingerprints, palm prints, 1777
26432643 and a digitized photograph taken within 60 days before release; 1778
26442644 the date of release of the sexual offender; all home telephone 1779
26452645 numbers and cellular telephone numbers required to be provided 1780
26462646 pursuant to s. 943.0435(4)(e); all electronic mail addresses and 1781
26472647 Internet identifiers required to be provided pursuant to s. 1782
26482648 943.0435(4)(e); information about any professional licenses the 1783
26492649 offender has, if known; and passport information, if he or she 1784
26502650 has a passport, and, if he or she is an alien, information about 1785
26512651 documents establishing his or her immigration status. The 1786
26522652 department shall notify the Department of Law Enforcement if the 1787
26532653 sexual offender escapes, absconds, or dies. If the sexual 1788
26542654 offender is in the custody of a contractor-operated private 1789
26552655 correctional facility, t he facility shall take the digitized 1790
26562656 photograph of the sexual offender within 60 days before the 1791
26572657 sexual offender's release and also place it in the sexual 1792
26582658 offender's file. If the sexual offender is in the custody of a 1793
26592659 local jail, the custodian of the local jail shall register the 1794
26602660 offender within 3 business days after intake of the offender for 1795
26612661 any reason and upon release, and shall notify the Department of 1796
26622662 Law Enforcement of the sexual offender's release and provide to 1797
26632663 the Department of Law Enforcement the information specified in 1798
26642664 this subparagraph and any information specified in subparagraph 1799
26652665 2. which the Department of Law Enforcement requests. 1800
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26742674 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
26752675
26762676
26772677
26782678 2. The department may provide any other information 1801
26792679 considered necessary, including criminal and delinquency 1802
26802680 records, when available. 1803
26812681 Section 52. Paragraph (h) of subsection (1), paragraph (a) 1804
26822682 of subsection (6), and subsection (12) of section 985.4815, 1805
26832683 Florida Statutes, are amended to read: 1806
26842684 985.4815 Notification to Department of Law Enforcement of 1807
26852685 information on juvenile sexual offenders. — 1808
26862686 (1) As used in this section, the term: 1809
26872687 (h) "Sexual offender" means a person who is in the care or 1810
26882688 custody or under the jurisdiction or supervision of the 1811
26892689 department or is in the custody of a contractor-operated private 1812
26902690 correctional facility and who: 1813
26912691 1. Has been adjudicated delinquent as provided in s. 1814
26922692 943.0435(1)(h)1.d.; or 1815
26932693 2. Establishes or maintains a residence in this state and 1816
26942694 has not been designated as a sexual predator by a court of this 1817
26952695 state but has been design ated as a sexual predator, as a 1818
26962696 sexually violent predator, or by another sexual offender 1819
26972697 designation in another state or jurisdiction and was, as a 1820
26982698 result of such designation, subjected to registration or 1821
26992699 community or public notification, or both, or would be if the 1822
27002700 person were a resident of that state or jurisdiction, without 1823
27012701 regard to whether the person otherwise meets the criteria for 1824
27022702 registration as a sexual offender. 1825
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27112711 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
27122712
27132713
27142714
27152715 (6)(a) The information provided to the Department of Law 1826
27162716 Enforcement must include th e following: 1827
27172717 1. The information obtained from the sexual offender under 1828
27182718 subsection (4). 1829
27192719 2. The sexual offender's most current address and place of 1830
27202720 permanent, temporary, or transient residence within the state or 1831
27212721 out of state, and address, location or d escription, and dates of 1832
27222722 any current or known future temporary residence within the state 1833
27232723 or out of state, while the sexual offender is in the care or 1834
27242724 custody or under the jurisdiction or supervision of the 1835
27252725 department in this state, including the name of t he county or 1836
27262726 municipality in which the offender permanently or temporarily 1837
27272727 resides, or has a transient residence, and address, location or 1838
27282728 description, and dates of any current or known future temporary 1839
27292729 residence within the state or out of state; and, if k nown, the 1840
27302730 intended place of permanent, temporary, or transient residence, 1841
27312731 and address, location or description, and dates of any current 1842
27322732 or known future temporary residence within the state or out of 1843
27332733 state upon satisfaction of all sanctions. 1844
27342734 3. The legal status of the sexual offender and the 1845
27352735 scheduled termination date of that legal status. 1846
27362736 4. The location of, and local telephone number for, any 1847
27372737 department office that is responsible for supervising the sexual 1848
27382738 offender. 1849
27392739 5. An indication of whether the v ictim of the offense that 1850
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27482748 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
27492749
27502750
27512751
27522752 resulted in the offender's status as a sexual offender was a 1851
27532753 minor. 1852
27542754 6. The offense or offenses at adjudication and disposition 1853
27552755 that resulted in the determination of the offender's status as a 1854
27562756 sex offender. 1855
27572757 7. A digitized photo graph of the sexual offender, which 1856
27582758 must have been taken within 60 days before the offender was 1857
27592759 released from the custody of the department or a contractor-1858
27602760 operated private correctional facility by expiration of sentence 1859
27612761 under s. 944.275, or within 60 days after the onset of the 1860
27622762 department's supervision of any sexual offender who is on 1861
27632763 probation, postcommitment probation, residential commitment, 1862
27642764 nonresidential commitment, licensed child -caring commitment, 1863
27652765 community control, conditional release, parole, prov isional 1864
27662766 release, or control release or who is supervised by the 1865
27672767 department under the Interstate Compact Agreement for 1866
27682768 Probationers and Parolees. If the sexual offender is in the 1867
27692769 custody of a contractor-operated private correctional facility, 1868
27702770 the facility shall take a digitized photograph of the sexual 1869
27712771 offender within the time period provided in this subparagraph 1870
27722772 and shall provide the photograph to the department. 1871
27732773 (12) Any person who has reason to believe that a sexual 1872
27742774 offender is not complying, or has not complied, with the 1873
27752775 requirements of this section and who, with the intent to assist 1874
27762776 the sexual offender in eluding a law enforcement agency that is 1875
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27852785 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
27862786
27872787
27882788
27892789 seeking to find the sexual offender to question the sexual 1876
27902790 offender about, or to arrest the sexual offender for, his or her 1877
27912791 noncompliance with the requirements of this section: 1878
27922792 (a) Withholds information from, or does not notify, the 1879
27932793 law enforcement agency about the se xual offender's noncompliance 1880
27942794 with the requirements of this section and, if known, the 1881
27952795 whereabouts of the sexual offender; 1882
27962796 (b) Harbors, attempts to harbor, or assists another person 1883
27972797 in harboring or attempting to harbor the sexual offender; 1884
27982798 (c) Conceals, attempts to conceal, or assists another 1885
27992799 person in concealing or attempting to conceal the sexual 1886
28002800 offender; or 1887
28012801 (d) Provides information to the law enforcement agency 1888
28022802 regarding the sexual offender that the person knows to be false 1889
28032803 1890
28042804 commits a felony of th e third degree, punishable as provided in 1891
28052805 s. 775.082, s. 775.083, or s. 775.084. This subsection does not 1892
28062806 apply if the sexual offender is incarcerated in or is in the 1893
28072807 custody of a state correctional facility, a contractor-operated 1894
28082808 private correctional facility, a local jail, or a federal 1895
28092809 correctional facility. 1896
28102810 Section 53. This act shall take effect July 1, 2024. 1897