The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Criminal and Civil Justice
BILL: SB 520
INTRODUCER: Senator Bradley
SUBJECT: State-Operated Institutions Inmate Welfare Trust Fund
DATE: January 23, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Atchley Harkness ACJ Favorable
2. AP
3.
I. Summary:
SB 520 recreates the State-Operated Institutions Inmate Welfare Trust Fund (Trust Fund) in the
Department of Corrections, provided that it is enacted by three-fifths of the membership of both
houses of the Legislature.
Article III, Section 19(f) of the Florida Constitution requires that all newly created trust funds
terminate not more than four years after the initial creation unless re-created. This provision
requires that a trust fund be created or re-created by a three-fifths vote of the membership in each
house of the Legislature in a separate bill for the sole purpose of creating or re-creating that trust
fund. The State-Operated Institutions Inmate Welfare Trust Fund, FLAIR number 20-2-523, was
created in the Florida Department of Corrections (FDC) effective July 1, 2020, and is scheduled
to terminate on July 1, 2024.
The bill is effective upon becoming a law.
II. Present Situation:
State-Operated Institutions Inmate Welfare Trust Fund
In 2020, the Legislature created the Trust Fund to benefit and provide for the welfare of inmates
incarcerated in state-operated correctional facilities.
1
Certain proceeds from specified revenue
streams or donations related to inmates in the FDC were deposited into the Trust Fund; however,
such deposits could not exceed a total of $2.5 million in any fiscal year. Any funds collected in
excess of $2.5 million were to be deposited into the General Revenue Fund.
1
Ch. 2020-97, Laws of Fla.
REVISED: BILL: SB 520 Page 2
In 2023, the Legislature amended s. 945.215, F.S., to increase the maximum amount of funds
deposited into the State-Operated Institutions Inmate Welfare Trust Fund from $2.5 million to
$32 million.
2
Funds from the following sources must be deposited into the Trust Fund, if deposits do not
exceed $32 million in any fiscal year:
Proceeds from operating inmate canteens, vending machines used primarily by inmates and
visitors, hobby shops, and other such facilities.
3
Proceeds from contracted telephone commissions.
4
Any funds that may be assigned by inmates or donated to the FDC by the general public or
an inmate service organization.
5
All proceeds from the following services:
o The confiscation and liquidation of any contraband found upon, or in the possession of,
any inmate;
o Disciplinary fines imposed against inmates;
o Forfeitures of inmate earnings; and
o Unexpended balances in individual inmate trust fund accounts of less than $1.
6
Copayments made by inmates for nonemergency visits to a health care provider.
7
o For each nonemergency visit by an inmate to a health care provider that is initiated by the
inmate, he or she must pay a copayment of $5;
8
Any proceeds obtained through the collection of damages.
9
o Upon conviction, a convicted offender is liable to the state and its local subdivisions for
damages and losses for incarceration and other correctional costs;
10
Cost of incarceration liens.
11
o Upon motion by the state or upon petition of the local subdivision, crime victim, or
aggrieved party, or on its own motion, the court in which the convicted offender is
convicted shall enter civil restitution lien orders in favor of crime victims, the state, its
local subdivisions, and other aggrieved parties.
12
2
Ch. 2023-239, Laws of Fla.
3
Section 945.72(1)(a), F.S. Funds necessary to purchase items for resale at inmate canteens and vending machines are
required to be deposited into local bank accounts designated by the DOC.
4
Section 945.215(1)(b), F.S.
5
Section 945.215(1)(c), F.S. However, the DOC may not accept any donation from, or on behalf of, any individual inmate.
6
Section 945.215(1)(d), F.S.
7
Section 945.6037, F.S.
8
Id.
9
Section 960.293(2), F.S.
10
Section 960.293(2)(a)-(b), F.S., states if the conviction is for a capital or life felony, the offender is liable for incarceration
costs and other correctional costs in the liquidated damage amount of $250,000. If the conviction is for an offense other than
a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed
against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of
the sentence imposed by the court at the time of sentencing.
11
Section 960.292(2), F.S.
12
Id. BILL: SB 520 Page 3
Funds in the Trust Fund may only be used for costs to operate specified programming at
correctional facilities operated by the FDC, such costs include:
Literacy programs, vocational training programs, and educational programs;
Inmate chapels, faith-based programs, visiting pavilions, visiting services and programs,
family services and programs, and libraries;
Inmate substance abuse treatment programs and transition and life skills training programs;
The purchase, rental, maintenance, or repair of electronic or audiovisual equipment, media,
services, and programming used by inmates;
The purchase, rental, maintenance, or repair of recreation and wellness equipment;
The purchase, rental, maintenance, or repair of bicycles used by inmates traveling to and
from employment in the work-release program authorized under s. 945.091(1)(b), F.S.; and
Fixed capital outlay for educational facilities at correctional institutions.
13
Trust Fund monies may only be expended pursuant to a legislative appropriation.
14
As required
by the Florida Constitution, the Trust Fund will terminate on July 1, 2024, unless terminated
sooner or recreated.
15
The Legislature must review the Trust Fund before its scheduled
termination.
III. Effect of Proposed Changes:
The bill re-creates the State-Operated Institutions Inmate Welfare Trust Fund without
modification and repeals the scheduled termination of the trust fund.
The bill is effective upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
13
Section 945.215(2)(c), F.S.
14
Section 945.215(2)(d), F.S.
15
FLA. CONST. art. III, s. 19(f). BILL: SB 520 Page 4
E. Other Constitutional Issues:
Article III, s. 19(f) of the Florida Constitution requires all newly created trust funds to terminate
not more than four years after the initial creation of the fund. In addition, the State Constitution
requires a newly created or re-created trust fund to be adopted by a three-fifths vote of the
membership in each house of the Legislature in a separate bill for the sole purpose of creating or
recreating the fund. The bill re-creates a trust fund; thus, it requires a three-fifths vote for final
passage.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill does not have a fiscal impact on state agencies, local governments or the private
sector.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 944.73, Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.