Florida Senate - 2022 SB 216 By Senator Farmer 34-00136A-22 2022216__ Page 1 of 26 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to correctional privatization; 2 transferring the duties of the Department of 3 Management Services concerning private correctional 4 facilities to the Department of Corrections by a type 5 two transfer; creating s. 287.0832, F.S.; prohibiting 6 an agency from entering into or renewing a contract 7 with private correctional services after a specified 8 date; providing an exception; amending ss. 287.042, 9 330.41, 633.218, 784.078, 790.251, 800.09, 943.053, 10 943.133, 943.325, 944.023, 944.08, 944.105, 944.115, 11 944.17, 944.35, 945.215, 945.6041, 946.5025, 946.503, 12 957.04, 957.06, 957.07, 957.08, 957.14, 957.15, and 13 957.16, F.S.; conforming provisions to changes made by 14 the act; repealing s. 944.105, F.S., relating to 15 contractual arrangements with private entities for 16 operation and maintenance of correctional facilities 17 and supervision of inmates; repealing s. 944.7031, 18 F.S., relating to eligible inmates released from 19 private correctional facilities; repealing s. 944.710, 20 F.S., relating to

definitions of terms relating to 21 private operation of state correctional facilities and 22 s. 944.105; repealing s. 944.72, F.S., relating to the 23 Privately Operated Institutions Inmate Welfare Trust 24 Fund; repealing s. 951.062, F.S., relating to 25 contractual arrangements for the operation and 26 maintenance of county detention facilities; providing 27 for future repeal of ch. 957, F.S., relating to 28 correctional privatization; providing for custody of 29

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 2 of 26 CODING: Words stricken are deletions; words underlined are additions. inmates after the expiration of correctional facility 30 contracts; providing effective dates. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34

Section 1. All duties of the Department of Management 35 Services relating to private correctional facilities are 36 transferred by a type two transfer, as defined in s. 20.06(2), 37 Florida Statutes, from the Department of Management Services to 38 the Department of Corrections. Any binding contract or 39 interagency agreement entered into and between the Department of 40 Management Services concerning private correctional facilities 41 and any other agency, entity, or person continues as a binding 42 contract or agreement with the Department of Corrections for the 43 remainder of the term of such contract or agreement. 44

Section

Section 287.0832, Florida Statutes, is created 45 to read: 46 287.0832 Prohibition on contracts for private correctional 47 services.—On or after July 1, 2022, an agency may not bid on, 48 solicit proposals for, or enter into or renew a contract with a 49 private vendor for the construction, operation, or maintenance 50 of a private correctional facility. This

section does not 51 prohibit an agency from managing or enforcing compliance with a 52 contract for private correctional services which was entered 53 into or renewed before July 1, 2022, for the duration of the 54 contract term. 55

Section 3. Subsection (17) of

section 287.042, Florida 56 Statutes, is amended to read: 57 287.042 Powers, duties, and functions.—The department shall 58

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 3 of 26 CODING: Words stricken are deletions; words underlined are additions. have the following powers, duties, and functions: 59 (17)(

a) To enter into contracts pursuant to

chapter 957 for 60 the designing, financing, acquiring, leasing, constructing, or 61 operating of private correctional facilities. The department 62 shall enter into a contract or contracts with one contractor per 63 facility for the designing, acquiring, financing, leasing, 64 constructing, and operating of that facility or may, if 65 specifically authorized by the Legislature, separately contract 66 for any such services. 67 (

b) To manage and enforce compliance with existing or 68 future contracts entered into before July 1, 2022, pursuant to 69

chapter 957. The department may not delegate the 70 responsibilities conferred by this subsection. 71

Section 4. Effective July 1, 2024, paragraph (

a) of 72 subsection (2) of

section 330.41, Florida Statutes, is amended 73 to read: 74 330.41 Unmanned Aircraft Systems Act.— 75

(2) DEFINITIONS.—As used in this act, the term: 76 (a) “Critical infrastructure facility” means any of the 77 following, if completely enclosed by a fence or other physical 78 barrier that is obviously designed to exclude intruders, or if 79 clearly marked with a sign or signs which indicate that entry is 80 forbidden and which are posted on the property in a manner 81 reasonably likely to come to the attention of intruders: 82 1. An electrical power generation or transmission facility, 83 substation, switching station, or electrical control center. 84 2.

A chemical or rubber manufacturing or storage facility. 85 3. A mining facility. 86 4. A natural gas or compressed gas compressor station, 87

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 4 of 26 CODING: Words stricken are deletions; words underlined are additions. storage facility, or natural gas or compressed gas pipeline. 88 5. A liquid natural gas or propane gas terminal or storage 89 facility with a capacity of 4,000 gallons or more. 90 6. Any portion of an aboveground oil or gas pipeline. 91 7. A wireless communications facility, including the tower, 92 antennae, support structures, and all associated ground-based 93 equipment. 94 8. A state correctional institution as defined in s. 944.02 95 or a private correctional facility authorized under

chapter 957. 96 9. A secure detention center or facility, as defined in s. 97 985.03, or a nonsecure residential facility, a high-risk 98 residential facility, or a maximum-risk residential facility, as 99 those terms are described in s. 985.03(44). 100 10. A county detention facility, as defined in s. 951.23. 101

Section 5. Effective July 1, 2024, paragraph (

e) of 102 subsection (1) of

section 633.218, Florida Statutes, is amended 103 to read: 104 633.218 Inspections of state buildings and premises; tests 105 of firesafety equipment; building plans to be approved.— 106 (1) 107 (e)1. For purposes of this section,: 108 1.a. the term “high-hazard occupancy” means any building or 109 structure: 110 a.(

I) That contains combustible or explosive matter or 111 flammable conditions dangerous to the safety of life or 112 property; 113 b.(II) At which persons receive educational instruction; 114 c.(III) At which persons reside, excluding private 115 dwellings; or 116

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 5 of 26 CODING: Words stricken are deletions; words underlined are additions. d.(IV) Containing three or more floor levels. 117 2.b. As used in this paragraph subparagraph, the phrase 118 “building or structure”: 119 a.(

I) Includes, but is not limited to, all hospitals and 120 residential health care facilities, nursing homes and other 121 adult care facilities, correctional or detention facilities, 122 public schools, public lodging establishments, migrant labor 123 camps, residential child care facilities, and self-service 124 gasoline stations. 125 b.(II) Does not include any residential condominium where 126 the declaration of condominium or the bylaws provide that the 127 rental of units shall not be permitted for less than 90 days. 128 2. The term “state-owned building” includes private 129 correctional facilities as defined under s. 944.710(3). 130

Section 6. Effective July 1, 2024, subsection (1) of 131

section 784.078, Florida Statutes, is amended to read: 132 784.078 Battery of facility employee by throwing, tossing, 133 or expelling certain fluids or materials.— 134

(1) As used in this section, the term “facility” means a 135 state correctional institution defined in s. 944.02(8); a 136 private correctional facility defined in s. 944.710 or under 137

chapter 957; a county, municipal, or regional jail or other 138 detention facility of local government under

chapter 950 or 139

chapter 951; or a secure facility operated and maintained by the 140 Department of Corrections or the Department of Juvenile Justice. 141

Section 7. Effective July 1, 2024, paragraph (

b) of 142 subsection (7) of

section 790.251, Florida Statutes, is amended 143 to read: 144 790.251 Protection of the right to keep and bear arms in 145

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 6 of 26 CODING: Words stricken are deletions; words underlined are additions. motor vehicles for self-defense and other lawful purposes; 146 prohibited acts; duty of public and private employers; immunity 147 from liability; enforcement.— 148

(7) EXCEPTIONS.—The prohibitions in subsection (4) do not 149 apply to: 150 (

b) Any correctional institution regulated under s. 944.47 151 or

chapter 957. 152

Section 8. Effective July 1, 2024, paragraph (

b) of 153 subsection (1) of

section 800.09, Florida Statutes, is amended 154 to read: 155 800.09 Lewd or lascivious exhibition in the presence of an 156 employee.— 157

(1) As used in this section, the term: 158 (b) “Facility” means a state correctional institution as 159 defined in s. 944.02, a private correctional facility as defined 160 in s. 944.710, or a county detention facility as defined in s. 161 951.23. 162

Section 9. Effective July 1, 2024, subsection (9) of 163

section 943.053, Florida Statutes, is amended to read: 164 943.053 Dissemination of criminal justice information; 165 fees.— 166

(9) Notwithstanding s. 943.0525, and any user agreements 167 adopted pursuant thereto, and notwithstanding the 168 confidentiality of sealed records as provided for in s. 943.059 169 and juvenile records as provided for in paragraph (3)(b), the 170 Department of Corrections shall provide, in a timely manner, 171 copies of the Florida criminal history records for inmates 172 housed in a private state correctional facility to the private 173 entity under contract to operate the facility pursuant to former 174

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 7 of 26 CODING: Words stricken are deletions; words underlined are additions. s. 944.105. The department may assess a charge for the Florida 175 criminal history records pursuant to

chapter 119. Sealed records 176 and confidential juvenile records received by the private entity 177 under this

section remain confidential and exempt from s. 178 119.07(1). 179

Section 10. Effective July 1, 2024, subsection (4) of 180

section 943.133, Florida Statutes, is amended to read: 181 943.133 Responsibilities of employing agency, commission, 182 and program with respect to compliance with employment 183 qualifications and the conduct of background investigations; 184 injunctive relief.— 185

(4) When the employing agency is a private entity under 186 contract to the county or the state pursuant to s. 944.105, s. 187 951.062, or

chapter 957, the contracting agency shall be 188 responsible for meeting the requirements of subsections (1), 189 (2), and (3). 190

Section 11. Effective July 1, 2024, paragraph (

g) of 191 subsection (2) of

section 943.325, Florida Statutes, is amended 192 to read: 193 943.325 DNA database.— 194

(2) DEFINITIONS.—As used in this section, the term: 195 (g) “Qualifying offender” means any person, including 196 juveniles and adults, who is: 197 1.a. Committed to a county jail; 198 b. Committed to or under the supervision of the Department 199 of Corrections, including persons incarcerated in a private 200 correctional institution operated under contract pursuant to s. 201 944.105; 202 c. Committed to or under the supervision of the Department 203

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 8 of 26 CODING: Words stricken are deletions; words underlined are additions. of Juvenile Justice; 204 d. Transferred to this state under the Interstate Compact 205 on Juveniles,

part XIII of

chapter 985; or 206 e. Accepted under

Article IV of the Interstate Corrections 207 Compact,

part III of

chapter 941; and who is: 208 2.a. Convicted of any felony offense or attempted felony 209 offense in this state or of a similar offense in another 210 jurisdiction; 211 b. Convicted of a misdemeanor violation of s. 784.048, s. 212 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 213 offense that was found, pursuant to s. 874.04, to have been 214 committed for the purpose of benefiting, promoting, or 215 furthering the interests of a criminal gang as defined in s. 216 874.03; or 217 c. Arrested for any felony offense or attempted felony 218 offense in this state. 219

Section 12. Effective July 1, 2024, paragraph (

b) of 220 subsection (1) of

section 944.023, Florida Statutes, is amended 221 to read: 222 944.023 Comprehensive correctional master plan.— 223

(1) As used in this section, the term: 224 (b) “Total capacity” of the state correctional system means 225 the total design capacity of all institutions and facilities in 226 the state correctional system, which may include those 227 facilities authorized and funded under

chapter 957, increased by 228 one-half, with the following exceptions: 229 1. Medical and mental health beds must remain at design 230 capacity. 231 2. Community-based contracted beds must remain at design 232

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 9 of 26 CODING: Words stricken are deletions; words underlined are additions. capacity. 233 3. The one-inmate-per-cell requirement at Florida State 234 Prison and other maximum security facilities must be maintained 235 pursuant to paragraph (7)(a). 236 4. Community correctional centers and drug treatment 237 centers must be increased by one-third. 238 5. A housing unit may not exceed its maximum capacity 239 pursuant to paragraphs (7)(

a) and (b). 240 6. A number of beds equal to 5 percent of total capacity 241 shall be deducted for management beds at institutions. 242

Section 13. Effective July 1, 2024, subsection (1) of 243

section 944.08, Florida Statutes, is amended to read: 244 944.08 Commitment to custody of department; venue of 245 institutions.— 246

(1) The words “penitentiary,” “state prison,” or “state 247 prison farm,” whenever the same are used in any of the laws of 248 this state, as a place of confinement or punishment for a crime, 249 shall be construed to mean and refer to the custody of the 250 Department of Corrections within the state correctional system, 251 which shall include facilities operated by private entities with 252 which the department enters into contracts pursuant to s. 253 944.105. 254

Section

Section 944.105, Florida Statutes, is amended 255 to read: 256 944.105 Contractual arrangements with private entities for 257 operation and maintenance of correctional facilities and 258 supervision of inmates.— 259

(1) The Department of Corrections is authorized to enter 260 into contracts with private vendors for the provision of the 261

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 10 of 26 CODING: Words stricken are deletions; words underlined are additions. operation and maintenance of correctional facilities and the 262 supervision of inmates. However, no such contract shall be 263 entered into or renewed unless: 264 (

a) The contract offers a substantial savings to the 265 department, as determined by the department. In determining the 266 cost savings, the department, after consultation with the 267 Auditor General, shall calculate all the cost components that 268 contribute to the inmate per diem, including all administrative 269 costs associated with central and regional office 270 administration. Services which are provided to the department by 271 other government agencies without any direct cost to the 272 department shall be assigned an equivalent cost and included in 273 the per diem. The private firm shall be assessed the total 274 annual cost to the state of monitoring the contract; 275 (

b) The contract provides for the same quality of services 276 as that offered by the department; and 277 (

c) The Legislature has given specific appropriation for 278 the contract. 279

(2) Any private vendor who entered entering into a contract 280 with the department pursuant to this

section before July 1, 281 2022, is shall be liable in tort with respect to the care and 282 custody of inmates under its supervision and for any breach of 283 contract with the department. 284 (2)

(3) In the case of an inmate’s willful failure to remain 285 within the supervisory control of the private entity, such 286 action constitutes shall constitute an escape punishable as 287 provided in s. 944.40. 288 (3)

(4) A private correctional officer may use force only 289 while on the grounds of a facility, while transporting inmates, 290

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 11 of 26 CODING: Words stricken are deletions; words underlined are additions. and while pursuing escapees from a facility. A private 291 correctional officer may use nondeadly force in the following 292 situations: 293 (

a) To prevent the commission of a felony or a misdemeanor, 294 including escape. 295 (

b) To defend oneself or others against physical assault. 296 (

c) To prevent serious damage to property. 297 (

d) To enforce institutional regulations and orders. 298 (

e) To prevent or quell a riot. 299 300 Private correctional officers may carry and use firearms and may 301 use deadly force only as a last resort, and then only to prevent 302

an act that could result in death or serious bodily injury to 303 oneself or to another person. 304 (4)

(5) Private correctional officers must shall be trained 305 in the use of force and the use of firearms and must shall be 306 trained at the private firm’s expense, at the facilities that 307 train correctional officers employed by the department. 308 (5)

(6) Sections The provisions of ss. 216.311 and 287.057 309 shall apply to all contracts between the department and any 310 private vendor providing such services. The department shall 311 promulgate rules pursuant to

chapter 120 specifying criteria for 312 such contractual arrangements. 313 (6)

(7) The department shall require the certification of 314 private correctional officers at the private vendor’s expense 315 under s. 943.1395, and all such officers must meet the minimum 316 qualifications established in s. 943.13. All other employees of 317 the private vendor that perform their duties at the private 318 correctional facility shall receive, at a minimum, the same 319

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 12 of 26 CODING: Words stricken are deletions; words underlined are additions. quality and quantity of training as that required by the state 320 for employees of state-operated correctional facilities. All 321 training expenses are shall be the responsibility of the private 322 vendor. The department shall provide and receive be the 323 contributor and recipient of all criminal background information 324 necessary for certification by the Criminal Justice Standards 325 and Training Commission. 326 (7)

(8) As used in this section, the term: 327 (a) “Nondeadly force” means force that normally would 328 neither cause death nor serious bodily injury. 329 (b) “Deadly force” means force which would likely cause 330 death or serious bodily injury. 331

Section 15. Effective July 1, 2024, subsections (1), (2), 332 and (5) of

section 944.115, Florida Statutes, are amended to 333 read: 334 944.115 Smoking prohibited inside state correctional 335 facilities.— 336

(1) The purpose of this

section is to protect the health, 337 comfort, and environment of employees of the Department of 338 Corrections, employees of privately operated correctional 339 facilities, and inmates by prohibiting inmates from using 340 tobacco products inside any office or building within state 341 correctional facilities, and by ensuring that employees and 342 visitors do not use tobacco products inside any office or 343 building within state correctional facilities. Scientific 344 evidence links the use of tobacco products with numerous 345 significant health risks.

The use of tobacco products by 346 inmates, employees, or visitors is contrary to efforts by the 347 Department of Corrections to reduce the cost of inmate health 348

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 13 of 26 CODING: Words stricken are deletions; words underlined are additions. care and to limit unnecessary litigation. The Department of 349 Corrections and the private vendors operating correctional 350 facilities shall make available to inmates smoking-cessation 351 assistance available to inmates in order to implement this 352 section. 353

(2) As used in this section, the term: 354 (a) “Department” means the Department of Corrections. 355 (b) “Employee” means an employee of the department or a 356 private vendor in a contractual relationship with either the 357 Department of Corrections or the Department of Management 358 Services, and includes persons such as contractors, volunteers, 359 or law enforcement officers who are within a state correctional 360 facility to perform a professional service. 361 (c) “State correctional facility” means a state or 362 privately operated correctional institution as defined in s. 363 944.02, or a correctional institution or facility operated under 364 s. 944.105 or

chapter 957. 365 (d) “Tobacco products” means items such as cigars, 366 cigarettes, snuff, loose tobacco, or similar goods made with any 367 part of the tobacco plant, which are prepared or used for 368 smoking, chewing, dipping, sniffing, or other personal use. 369 (e) “Visitor” means any person other than an inmate or 370 employee who is within a state correctional facility for a 371 lawful purpose and includes, but is not limited to, persons who 372 are authorized to visit state correctional institutions pursuant 373 to s. 944.23 and persons authorized to visit as prescribed by 374 departmental rule or vendor policy. 375 (f) “Prohibited areas” means any indoor areas of any 376 building, portable, or other enclosed structure within a state 377

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 14 of 26 CODING: Words stricken are deletions; words underlined are additions. correctional facility. The secretary of the department may, by 378 rule, designate other areas, including vehicles, as “prohibited 379 areas” to be regulated under this section. Neither employee 380 housing on the grounds of a state correctional facility nor 381 maximum security inmate housing areas may be designated as 382 prohibited areas under this section. 383

(5) The department may adopt rules to implement and 384 administer and the private vendors operating correctional 385 facilities may adopt policies and procedures for the 386 implementation of this section, to designate the designation of 387 prohibited areas and smoking areas, to impose disciplinary 388 action on inmates and employees and for the imposition of the 389 following penalties: 390 (

a) Inmates who violate this section, and to penalize will 391 be subject to disciplinary action as provided by rule and in 392 accordance with this section. 393 (

b) Employees who violate this

section will be subject to 394 disciplinary action as provided by rule. 395 (

c) visitors who violate this section, who are will be 396 subject to losing their authorization removal of authorization 397 to enter a correctional facility as provided by rule. 398

Section 16. Effective July 1, 2024, paragraph (

b) of 399 subsection (3) of

section 944.17, Florida Statutes, is amended 400 to read: 401 944.17 Commitments and classification; transfers.— 402 (3) 403 (

b) Notwithstanding paragraph (a), any prisoner 404 incarcerated in the state correctional system or private 405 correctional facility operated pursuant to

chapter 957 who is 406

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 15 of 26 CODING: Words stricken are deletions; words underlined are additions. convicted in circuit or county court of a crime committed during 407 that incarceration shall serve the sentence imposed for that 408 crime within the state correctional system regardless of the 409 length of sentence or classification of the offense. 410

Section 17. Effective July 1, 2024, paragraph (

b) of 411 subsection (3) of

section 944.35, Florida Statutes, is amended 412 to read: 413 944.35 Authorized use of force; malicious battery and 414 sexual misconduct prohibited; reporting required; penalties.— 415 (3) 416 (b)1. As used in this paragraph, the term “sexual 417 misconduct” means the oral, anal, or vaginal penetration by, or 418 union with, the sexual organ of another or the anal or vaginal 419 penetration of another by any other object, but does not include 420

an act done for a bona fide medical purpose or an internal 421 search conducted in the lawful performance of the employee’s 422 duty. 423 2. Any employee of the department or a private correctional 424 facility as defined in s. 944.710 who engages in sexual 425 misconduct with an inmate or an offender supervised by the 426 department in the community, without committing the crime of 427 sexual battery, commits a felony of the third degree, punishable 428 as provided in s. 775.082, s. 775.083, or s. 775.084. 429 3.

The consent of the inmate or offender supervised by the 430 department in the community to any act of sexual misconduct may 431 not be raised as a defense to a prosecution under this 432 paragraph. 433 4. This paragraph does not apply to any employee of the 434 department or any employee of a private correctional facility 435

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 16 of 26 CODING: Words stricken are deletions; words underlined are additions. who is legally married to an inmate or an offender supervised by 436 the department in the community, nor does it apply to any 437 employee who has no knowledge, and would have no reason to 438 believe, that the person with whom the employee has engaged in 439 sexual misconduct is an inmate or an offender under community 440 supervision of the department. 441

Section 18. Paragraph (

a) of subsection (3) of

section 442 945.215, Florida Statutes, is amended to read: 443 945.215 Inmate welfare and employee benefit trust funds.— 444

(3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 445 FUND; PRIVATE CORRECTIONAL FACILITIES.— 446 (

a) For purposes of this subsection, privately operated 447 institutions or private correctional facilities are those 448 correctional facilities under contract with the department 449 pursuant to

chapter 944 or the Department of Management Services 450 pursuant to

chapter 957. 451

Section 19. Effective July 1, 2024, subsection (3) of 452

section 945.215, Florida Statutes, is amended to read: 453 945.215 Inmate welfare and employee benefit trust funds.— 454

(3) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST 455 FUND; PRIVATE CORRECTIONAL FACILITIES.— 456 (

a) For purposes of this subsection, privately operated 457 institutions or private correctional facilities are those 458 correctional facilities under contract with the department 459 pursuant to

chapter 944 or the Department of Management Services 460 pursuant to

chapter 957. 461 (b)1. The net proceeds derived from inmate canteens, 462 vending machines used primarily by inmates, telephone 463 commissions, and similar sources at private correctional 464

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 18 of 26 CODING: Words stricken are deletions; words underlined are additions. the inmate; and 494 (

b) The health care provider reported a negative operating 495 margin for the previous year to the Agency for Health Care 496 Administration through hospital-audited financial data. 497

(3) Compensation to an entity to provide emergency medical 498 transportation services for inmates may not exceed 110 percent 499 of the Medicare allowable rate if the entity does not have a 500 contract with the department or a private correctional facility, 501 as defined in s. 944.710, to provide the services. 502

Section 21. Effective July 1, 2024,

section 946.5025, 503 Florida Statutes, is amended to read: 504 946.5025 Authorization of corporation to enter into 505 contracts.—The corporation established under this part may enter 506 into contracts to operate correctional work programs with any 507 county or municipal authority that operates a correctional 508 facility or with a contractor authorized under

chapter 944 or 509

chapter 957 to operate a private correctional facility. The 510 corporation has the same powers, privileges, and immunities in 511 carrying out such contracts as it has under this chapter. 512

Section 22. Effective July 1, 2024, subsections (5) and (6) 513 of

section 946.503, Florida Statutes, are amended to read: 514 946.503

Definitions to be used with respect to correctional 515 work programs.—As used in this part, the term: 516 (5) “Inmate” means any person incarcerated within any 517 state, county, or municipal, or private correctional facility. 518 (6) “Private correctional facility” means a facility 519 authorized by

chapter 944 or

chapter 957. 520

Section 23. Paragraphs (a), (b), (e), and (

g) of subsection 521 (1), paragraph (

c) of subsection (2), and subsections (5), (6), 522

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 19 of 26 CODING: Words stricken are deletions; words underlined are additions. and (7) of

section 957.04, Florida Statutes, are amended to 523 read: 524 957.04 Contract requirements.— 525

(1) A contract entered into under this

chapter before July 526 1, 2022, for the operation of private correctional facilities 527 must shall maximize the cost savings of such facilities and must 528 shall: 529 (

a) Be negotiated with the firm found most qualified. 530 However, a contract for private correctional services may not be 531 entered into by the department of Management Services unless the 532 department of Management Services determines that the contractor 533 has demonstrated that it has: 534 1. The qualifications, experience, and management personnel 535 necessary to carry out the terms of the contract. 536 2. The ability to expedite the siting, design, and 537 construction of correctional facilities. 538 3. The ability to comply with applicable laws, court 539 orders, and national correctional standards. 540 (

b) Indemnify the state and the department, including their 541 officials and agents, against any and all liability, including, 542 but not limited to, civil rights liability. Proof of 543 satisfactory insurance is required in an amount to be determined 544 by the department of Management Services. 545 (

e) Establish operations standards for correctional 546 facilities subject to the contract. However, if the department 547 and the contractor disagree with an operations standard, the 548 contractor may propose to waive any rule, policy, or procedure 549 of the department related to the operations standards of 550 correctional facilities which is inconsistent with the mission 551

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 20 of 26 CODING: Words stricken are deletions; words underlined are additions. of the contractor to establish cost-effective, privately 552 operated correctional facilities. The department is of 553 Management Services shall be responsible for considering all 554 proposals from the contractor to waive any rule, policy, or 555 procedure and shall render a final decision granting or denying 556 such request. 557 (

g) Require the selection and appointment of a full-time 558 contract monitor. The contract monitor must shall be appointed 559 and supervised by the department of Management Services. The 560 contractor shall is required to reimburse the department of 561 Management Services for the salary and expenses of the contract 562 monitor. It is the obligation of the contractor to provide 563 suitable office space for the contract monitor at the 564 correctional facility. The contract monitor must be given shall 565 have unlimited access to the correctional facility. 566

(2) Each contract entered into for the design and 567 construction of a private correctional facility or juvenile 568 commitment facility must include: 569 (

c) A specific provision requiring the contractor, and not 570 the department of Management Services, to obtain the financing 571 required to design and construct the private correctional 572 facility or juvenile commitment facility built under this 573 chapter. 574

(5) Each contract entered into by the department of 575 Management Services must include substantial minority 576 participation unless demonstrated by evidence, after a good 577 faith effort, as impractical and must also include any other 578 requirements the department of Management Services considers 579 necessary and appropriate for carrying out the purposes of this 580

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 21 of 26 CODING: Words stricken are deletions; words underlined are additions. chapter. 581

(6) Notwithstanding s. 253.025(9), the Board of Trustees of 582 the Internal Improvement Trust Fund need not approve a lease-583 purchase agreement negotiated by the department of Management 584 Services if the department of Management Services finds that 585 there is a need to expedite the lease-purchase. 586 (7)(

a) Notwithstanding s. 253.025 or s. 287.057, whenever 587 the department of Management Services finds it to be in the best 588 interest of timely site acquisition, it may contract without the 589 need for competitive selection with one or more appraisers whose 590 names are contained on the list of approved appraisers 591 maintained by the Division of State Lands of the Department of 592 Environmental Protection in accordance with s. 253.025(8). In 593 those instances when the department of Management Services 594 directly contracts for appraisal services, it must shall also 595 contract with an approved appraiser who is not employed by the 596 same appraisal firm for review services. 597 (

b) Notwithstanding s. 253.025(8), the department of 598 Management Services may negotiate and enter into lease-purchase 599 agreements before an appraisal is obtained. Any such agreement 600 must state that the final purchase price cannot exceed the 601 maximum value allowed by law. 602

Section 24. Subsection (2) of

section 957.06, Florida 603 Statutes, is amended to read: 604 957.06 Powers and duties not delegable to contractor.—A 605 contract entered into under this

chapter does not authorize, 606 allow, or imply a delegation of authority to the contractor to: 607

(2) Choose the facility to which an inmate is initially 608 assigned or subsequently transferred. The contractor may 609

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 22 of 26 CODING: Words stricken are deletions; words underlined are additions. request, in writing, that an inmate be transferred to a facility 610 operated by the department. The Department of Management 611 Services, the contractor, and the department shall develop and 612 implement a cooperative agreement for transferring inmates 613 between a correctional facility operated by the department and a 614 private correctional facility. The department, the Department of 615 Management Services, and the contractor must comply with the 616 cooperative agreement. 617

Section 25. Subsections (1) and (4) and paragraph (

d) of 618 subsection (5) of

section 957.07, Florida Statutes, are amended 619 to read: 620 957.07 Cost-saving requirements.— 621

(1) The department of Management Services may not enter 622 into a contract or series of contracts unless the department 623 determines that the contract or series of contracts in total for 624 the facility will result in a cost savings to the state of at 625 least 7 percent over the public provision of a similar facility. 626 Such cost savings as determined by the department of Management 627 Services must be based upon the actual costs associated with the 628 construction and operation of similar facilities or services as 629 determined by the department of Corrections and certified by the 630 Auditor General.

The department of Corrections shall calculate 631 all of the cost components that determine the inmate per diem in 632 correctional facilities of a substantially similar size, type, 633 and location that are operated by the department of Corrections, 634 including administrative costs associated with central 635 administration. Services that are provided to the department of 636 Corrections by other governmental agencies at no direct cost to 637 the department must shall be assigned an equivalent cost and 638

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 23 of 26 CODING: Words stricken are deletions; words underlined are additions. included in the per diem. 639

(4) The department of Corrections shall provide a report 640 detailing the state cost to design, finance, acquire, lease, 641 construct, and operate a facility similar to the private 642 correctional facility on a per diem basis. This report shall be 643 provided to the Auditor General in sufficient time that it may 644 be certified to the Department of Management Services to be 645 included in the request for proposals. 646 (5) 647 (

d) If a private vendor chooses not to renew the contract 648 at the appropriated level, the department must of Management 649 Services shall terminate the contract as provided in s. 957.14. 650

Section

Section 957.08, Florida Statutes, is amended to 651 read: 652 957.08 Capacity requirements.—The department of Corrections 653 shall transfer and assign prisoners to each private correctional 654 facility opened pursuant to this

chapter in an amount not less 655 than 90 percent or more than 100 percent of the capacity of the 656 facility pursuant to the contract with the Department of 657 Management Services. The prisoners transferred by the department 658 must of Corrections shall represent a cross-section of the 659 general inmate population, based on the grade of custody or the 660 offense of conviction, at the most comparable facility operated 661 by the department. 662

Section

Section 957.14, Florida Statutes, is amended to 663 read: 664 957.14 Contract termination and control of a correctional 665 facility by the department.—A detailed plan must shall be 666 provided by a private vendor under which the department shall 667

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 24 of 26 CODING: Words stricken are deletions; words underlined are additions. assume temporary control of a private correctional facility upon 668 termination of the contract. The department of Management 669 Services may terminate the contract with cause after written 670 notice of material deficiencies and after 60 workdays in order 671 to correct the material deficiencies.

If any event occurs that 672 involves the noncompliance with or violation of contract terms 673 and that presents a serious threat to the safety, health, or 674 security of the inmates, employees, or the public, the 675 department may temporarily assume control of the private 676 correctional facility, with the approval of the Department of 677 Management Services. A plan must shall also be provided by a 678 private vendor for the purchase and temporary assumption of 679 operations of a correctional facility by the department in the 680 event of bankruptcy or the financial insolvency of the private 681 vendor.

The private vendor shall provide an emergency plan to 682 address inmate disturbances, employee work stoppages, strikes, 683 or other serious events in accordance with standards of the 684 American Correctional Association. 685

Section

Section 957.15, Florida Statutes, is amended to 686 read: 687 957.15 Funding of contracts for operation, maintenance, and 688 lease-purchase of private correctional facilities.—The 689 department shall request the for appropriation of funds to make 690 payments pursuant to contracts entered into by the department of 691 Management Services for the operation, maintenance, and lease-692 purchase of the private correctional facilities authorized by 693 this

chapter shall be made by the department of Management 694 Services in a request to the department. The department shall 695 include such request in its budget request to the Legislature as 696

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 25 of 26 CODING: Words stricken are deletions; words underlined are additions. a separately identified item and shall forward the request of 697 the Department of Management Services without change. After an 698 appropriation has been made by the Legislature to the department 699 for the private correctional facilities, the department shall 700 have no authority over such funds other than to pay from such 701 appropriation to the appropriate private vendor such amounts as 702 are certified for payment by the Department of Management 703 Services. 704

Section

Section 957.16, Florida Statutes, is amended to 705 read: 706 957.16 Expanding capacity.—The department may of Management 707 Services is authorized to modify and execute agreements with 708 contractors to expand up to the total capacity of contracted 709 correctional facilities. Total capacity means the design 710 capacity of all contracted correctional facilities increased by 711 one-half as described under s. 944.023(1)(b). Any additional 712 beds authorized under this

section must comply with the cost-713 saving requirements set forth in s. 957.07. Any additional beds 714 authorized as a result of expanded capacity under this

section 715 are contingent upon specified appropriations. 716

Section 30. Effective July 1, 2024,

section 944.105, 717 Florida Statutes, is repealed. 718

Section 31. Effective January 1, 2025,

section 944.7031, 719 Florida Statutes, is repealed. 720

Section 32. Effective July 1, 2024,

section 944.710, 721 Florida Statutes, is repealed. 722

Section 33. Effective July 1, 2024,

section 944.72, Florida 723 Statutes, is repealed. 724

Section 34. Effective July 1, 2024,

section 951.062, 725

Florida Senate - 2022 SB 216 34-00136A-22 2022216__ Page 26 of 26 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, is repealed. 726

Section 35. Effective July 1, 2024,

chapter 957, Florida 727 Statutes, consisting of ss. 957.01, 957.02, 957.04, 957.05, 728 957.06, 957.07, 957.08, 957.09, 957.11, 957.12, 957.13, 957.14, 729 957.15, and 957.16, Florida Statutes, is repealed. 730

Section 36. Upon the expiration of a contract under

chapter 731 957, Florida Statutes, all inmates housed pursuant to such 732 contract must be returned to the custody of the Department of 733 Corrections. 734

Section 37. Except as otherwise expressly provided in this 735 act and except for this section, which shall take effect upon 736 this act becoming a law, this act shall take effect July 1, 737 2022. 738