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House Bill 1967

House Bill hb1967

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    Florida House of Representatives - 2001                HB 1967

        By the Committee on Crime Prevention, Corrections & Safety
    and Representative Needelman





  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending s. 921.161, F.S.;

  4         revising requirements for the department with

  5         respect to calculating credit allowed to a

  6         defendant for time served; revising

  7         requirements for certifying time served;

  8         reenacting s. 944.275, F.S., relating to

  9         gain-time to incorporate said amendment in a

10         reference; amending s. 944.17, F.S.; changing

11         references from "sheriff" to "custodian of the

12         local jail"; amending s. 944.28, F.S.;

13         providing for a disciplinary hearing officer

14         rather than a disciplinary committee to

15         determine forfeiture of gain-time; amending s.

16         944.35, F.S.; requiring that the department's

17         inspector general review the use of force by

18         department employees; providing for the

19         inspector general to determine the

20         appropriateness of the force used; amending s.

21         945.215, F.S.; revising provisions relating to

22         use of funds for specified purposes at

23         correctional facilities operated by the

24         department; amending s. 948.09, F.S.; revising

25         the amount of the surcharge paid to the

26         department by offenders placed on community

27         control; amending ss. 20.315, 39.806, 57.091,

28         112.531, 212.04, 229.565, 397.305, 413.051,

29         414.40, 435.04, 468.302, 496.404, 570.071,

30         766.314, 776.085, 921.0022, 921.187, 921.188,

31         943.045, 943.052, 943.085, 943.10, 943.11,

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  1         944.012, 944.02, 944.023, 944.026, 944.033,

  2         944.08, 944.09, 944.095, 944.10, 944.11,

  3         944.115, 944.14, 944.151, 944.17, 944.1905,

  4         944.23, 944.24, 944.279, 944.28, 944.281,

  5         944.291, 944.31, 944.32, 944.39, 944.402,

  6         944.44, 944.45, 944.46, 944.47, 944.472,

  7         944.516, 944.611, 944.613, 944.704, 944.711,

  8         944.801, 944.803, 945.025, 945.0311, 945.043,

  9         945.091, 945.27, 945.6031, 945.72, 946.002,

10         946.205, 946.25, 946.40, 946.504, 946.513,

11         947.1405, 947.172, 947.174, 947.1745, 948.03,

12         948.12, 948.51, 948.90, 951.23, 958.04, and

13         960.001, F.S.; redesignating state correctional

14         institutions as state prisons; redesignating

15         community correctional centers as work release

16         centers; conforming provisions thereto;

17         amending ss. 945.091 and 958.09, F.S.;

18         correcting references to disciplinary

19         committee; providing a directive to the

20         Division of Statutory Revision; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 921.161, Florida Statutes, is

26  amended to read:

27         921.161  Sentence not to run until imposed; credit for

28  county jail time after sentence; certificate of custodian of

29  jail.--

30         (1)  A sentence of imprisonment shall not begin to run

31  before the date it is imposed, but the court imposing a

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  1  sentence shall allow a defendant credit for all of the time

  2  she or he spent in the county jail before sentence. Unless

  3  documented on the certificate required under subsection (2),

  4  the Department of Corrections may not credit time served that

  5  is awarded by the court when calculating, under s. 944.275,

  6  the date on which a defendant will satisfy 85 percent of the

  7  sentence imposed. However, the department may apply such

  8  additional credit for time served prior to sentencing if the

  9  court specifies on the judgment and sentence, or by separate

10  court order, the dates and places of the defendant's

11  additional incarceration. The credit must be for a specified

12  period of time and shall be provided for in the sentence.

13         (2)  In addition to other credits, a person sentenced

14  to imprisonment in custody of the Department of Corrections

15  shall receive credit on her or his sentence for all time spent

16  between sentencing and being placed in custody of the

17  department. When delivering a prisoner to the department, the

18  custodian of the local jail shall certify to the department it

19  in writing:

20         (a)  The date of arrest or, if the prisoner is received

21  from another jurisdiction, the date on which and name of the

22  agency from which the prisoner is received, the date the

23  sentence was imposed, and the date the prisoner was delivered

24  to the department or to another jurisdiction.

25         (b)  The dates of any periods after sentence when the

26  prisoner was at liberty on bond.

27         (c)  The dates and reasons for any other times the

28  prisoner was at liberty between the date the prisoner was

29  arrested and the date the prisoner was delivered to the

30  Department of Corrections after sentence.

31

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  1         (d)  The offender-based transaction system number or

  2  numbers from the uniform arrest report or reports established

  3  pursuant to s. 943.05(2).

  4

  5  The certificate shall be prima facie evidence of the facts

  6  certified.

  7         Section 2.  For the purpose of incorporating the

  8  amendment to section 921.161, Florida Statutes, in a reference

  9  thereto, section 944.275, Florida Statutes, is reenacted to

10  read:

11         944.275  Gain-time.--

12         (1)  The department is authorized to grant deductions

13  from sentences in the form of gain-time in order to encourage

14  satisfactory prisoner behavior, to provide incentive for

15  prisoners to participate in productive activities, and to

16  reward prisoners who perform outstanding deeds or services.

17         (2)(a)  The department shall establish for each

18  prisoner sentenced to a term of years a "maximum sentence

19  expiration date," which shall be the date when the sentence or

20  combined sentences imposed on a prisoner will expire.  In

21  establishing this date, the department shall reduce the total

22  time to be served by any time lawfully credited.

23         (b)  When a prisoner with an established maximum

24  sentence expiration date is sentenced to an additional term or

25  terms without having been released from custody, the

26  department shall extend the maximum sentence expiration date

27  by the length of time imposed in the new sentence or

28  sentences, less lawful credits.

29         (c)  When an escaped prisoner or a parole violator is

30  returned to the custody of the department, the maximum

31  sentence expiration date in effect when the escape occurred or

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  1  the parole was effective shall be extended by the amount of

  2  time the prisoner was not in custody plus the time imposed in

  3  any new sentence or sentences, but reduced by any lawful

  4  credits.

  5         (3)(a)  The department shall also establish for each

  6  prisoner sentenced to a term of years a "tentative release

  7  date" which shall be the date projected for the prisoner's

  8  release from custody by virtue of gain-time granted or

  9  forfeited as described in this section.  The initial tentative

10  release date shall be determined by deducting basic gain-time

11  granted from the maximum sentence expiration date.  Other

12  gain-time shall be applied when granted or restored to make

13  the tentative release date proportionately earlier; and

14  forfeitures of gain-time, when ordered, shall be applied to

15  make the tentative release date proportionately later.

16         (b)  When an initial tentative release date is

17  reestablished because of additional sentences imposed before

18  the prisoner has completely served all prior sentences, any

19  gain-time granted during service of a prior sentence and not

20  forfeited shall be applied.

21         (c)  The tentative release date may not be later than

22  the maximum sentence expiration date.

23         (4)(a)  As a means of encouraging satisfactory

24  behavior, the department shall grant basic gain-time at the

25  rate of 10 days for each month of each sentence imposed on a

26  prisoner, subject to the following:

27         1.  Portions of any sentences to be served concurrently

28  shall be treated as a single sentence when determining basic

29  gain-time.

30         2.  Basic gain-time for a partial month shall be

31  prorated on the basis of a 30-day month.

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  1         3.  When a prisoner receives a new maximum sentence

  2  expiration date because of additional sentences imposed, basic

  3  gain-time shall be granted for the amount of time the maximum

  4  sentence expiration date was extended.

  5         (b)  For each month in which an inmate works

  6  diligently, participates in training, uses time

  7  constructively, or otherwise engages in positive activities,

  8  the department may grant incentive gain-time in accordance

  9  with this paragraph. The rate of incentive gain-time in effect

10  on the date the inmate committed the offense which resulted in

11  his or her incarceration shall be the inmate's rate of

12  eligibility to earn incentive gain-time throughout the period

13  of incarceration and shall not be altered by a subsequent

14  change in the severity level of the offense for which the

15  inmate was sentenced.

16         1.  For sentences imposed for offenses committed prior

17  to January 1, 1994, up to 20 days of incentive gain-time may

18  be granted.  If granted, such gain-time shall be credited and

19  applied monthly.

20         2.  For sentences imposed for offenses committed on or

21  after January 1, 1994, and before October 1, 1995:

22         a.  For offenses ranked in offense severity levels 1

23  through 7, under s. 921.0012 or s. 921.0013, up to 25 days of

24  incentive gain-time may be granted.  If granted, such

25  gain-time shall be credited and applied monthly.

26         b.  For offenses ranked in offense severity levels 8,

27  9, and 10, under s. 921.0012 or s. 921.0013, up to 20 days of

28  incentive gain-time may be granted.  If granted, such

29  gain-time shall be credited and applied monthly.

30         3.  For sentences imposed for offenses committed on or

31  after October 1, 1995, the department may grant up to 10 days

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  1  per month of incentive gain-time, except that no prisoner is

  2  eligible to earn any type of gain-time in an amount that would

  3  cause a sentence to expire, end, or terminate, or that would

  4  result in a prisoner's release, prior to serving a minimum of

  5  85 percent of the sentence imposed. For purposes of this

  6  subparagraph, credits awarded by the court for time physically

  7  incarcerated shall be credited toward satisfaction of 85

  8  percent of the sentence imposed. Except as provided by this

  9  section, a prisoner shall not accumulate further gain-time

10  awards at any point when the tentative release date is the

11  same as that date at which the prisoner will have served 85

12  percent of the sentence imposed. State prisoners sentenced to

13  life imprisonment shall be incarcerated for the rest of their

14  natural lives, unless granted pardon or clemency.

15         (c)  An inmate who performs some outstanding deed, such

16  as saving a life or assisting in recapturing an escaped

17  inmate, or who in some manner performs an outstanding service

18  that would merit the granting of additional deductions from

19  the term of his or her sentence may be granted meritorious

20  gain-time of from 1 to 60 days.

21         (d)  Notwithstanding subparagraphs (b)1. and 2., the

22  education program manager shall recommend, and the Department

23  of Corrections may grant, a one-time award of 60 additional

24  days of incentive gain-time to an inmate who is otherwise

25  eligible and who successfully completes requirements for and

26  is awarded a general educational development certificate or

27  vocational certificate. Under no circumstances may an inmate

28  receive more than 60 days for educational attainment pursuant

29  to this section.

30

31

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  1         (5)  When a prisoner is found guilty of an infraction

  2  of the laws of this state or the rules of the department,

  3  gain-time may be forfeited according to law.

  4         (6)(a)  Basic gain-time under this section shall be

  5  computed on and applied to all sentences imposed for offenses

  6  committed on or after July 1, 1978, and before January 1,

  7  1994.

  8         (b)  All incentive and meritorious gain-time is granted

  9  according to this section.

10         (c)  All additional gain-time previously awarded under

11  former subsections (2) and (3) and all forfeitures ordered

12  prior to the effective date of the act that created this

13  section shall remain in effect and be applied in establishing

14  an initial tentative release date.

15         (7)  The department shall adopt rules to implement the

16  granting, forfeiture, restoration, and deletion of gain-time.

17         Section 3.  Subsections (5), (6), and (8) of section

18  944.17, Florida Statutes, are amended to read:

19         944.17  Commitments and classification; transfers.--

20         (5)  The department shall also refuse to accept a

21  person into the state correctional system unless the following

22  documents are presented in a completed form by the custodian

23  of the local jail, or other person having custody of the

24  prisoner, sheriff or by the chief correctional officer, or a

25  designated representative, to the officer in charge of the

26  reception process:

27         (a)  The uniform commitment and judgment and sentence

28  forms as described in subsection (4).

29         (b)  The sheriff's certificate as described in s.

30  921.161.

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  1         (c)  A certified copy of the indictment or information

  2  relating to the offense for which the person was convicted.

  3         (d)  A copy of the probable cause affidavit for each

  4  offense identified in the current indictment or information.

  5         (e)  A copy of the Criminal Punishment Code scoresheet

  6  and any attachments thereto prepared pursuant to Rule 3.701,

  7  Rule 3.702, or Rule 3.703, Florida Rules of Criminal

  8  Procedure, or any other rule pertaining to the preparation of

  9  felony sentencing scoresheets.

10         (f)  A copy of the restitution order or the reasons by

11  the court for not requiring restitution pursuant to s.

12  775.089(1).

13         (g)  The name and address of any victim, if available.

14         (h)  A printout of a current criminal history record as

15  provided through an FCIC/NCIC printer.

16         (i)  Any available health assessments including

17  medical, mental health, and dental, including laboratory or

18  test findings; custody classification; disciplinary and

19  adjustment; and substance abuse assessment and treatment

20  information which may have been developed during the period of

21  incarceration prior to the transfer of the person to the

22  department's custody. Available information shall be

23  transmitted on standard forms developed by the department.

24

25  In addition, the custodian of the prisoner or a designated

26  representative sheriff or other officer having such person in

27  charge shall also deliver with the foregoing documents any

28  available presentence investigation reports as described in s.

29  921.231 and any attached documents. After a prisoner is

30  admitted into the state correctional system, the department

31  may request such additional records relating to the prisoner

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  1  as it considers necessary from the clerk of the court, the

  2  Department of Children and Family Services, or any other state

  3  or county agency for the purpose of determining the prisoner's

  4  proper custody classification, gain-time eligibility, or

  5  eligibility for early release programs.  An agency that

  6  receives such a request from the department must provide the

  7  information requested.

  8         (6)  If a person is sentenced by a circuit court to

  9  serve a term of imprisonment concurrently with a term being

10  served in another jurisdiction, the person having custody of

11  the prisoner sheriff or chief correctional officer shall

12  notify the department of the location at which such person is

13  serving such term of imprisonment and shall forward to the

14  department the documents described in subsection (5).

15         (8)  If a state prisoner's presence is required in

16  court for any reason after the custodian of the local jail

17  sheriff or chief correctional officer has relinquished custody

18  to the department, the court shall issue an order for the

19  custodian of the local jail sheriff or chief correctional

20  officer to assume temporary custody and transport the prisoner

21  to the county jail pending the court appearance.  The

22  custodian of the local jail sheriff or chief correctional

23  officer, or a designated representative, shall present a copy

24  of the order to appropriate officers at the facility housing

25  the prisoner prior to assuming temporary custody of the

26  prisoner.  Neither the court nor any other person the sheriff

27  or chief correctional officer may release such prisoner

28  without first obtaining confirmation from the department that

29  the prisoner has no commitments from other jurisdictions or

30  outstanding detainers.  It is the responsibility of the clerk

31  of the circuit court to provide the department's central

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  1  office with certified copies of each court action that affects

  2  a state commitment.

  3         Section 4.  Paragraph (c) of subsection (2) of section

  4  944.28, Florida Statutes, is amended to read:

  5         944.28  Forfeiture of gain-time and the right to earn

  6  gain-time in the future.--

  7         (2)

  8         (c)  The method of declaring a forfeiture under

  9  paragraph (a) or paragraph (b) shall be as follows:  A written

10  charge shall be prepared, which shall specify each instance of

11  misconduct upon which it is based and the approximate date

12  thereof.  A copy of such charge shall be delivered to the

13  prisoner, and he or she shall be given notice of a hearing

14  before the disciplinary hearing officer designated committee

15  created under the authorization of rules heretofore or

16  hereafter adopted by the department for the institution in

17  which he or she is confined.  The prisoner shall be present at

18  the hearing.  If at such hearing the prisoner pleads guilty to

19  the charge or if the disciplinary hearing officer committee

20  determines that the prisoner is guilty thereof upon the basis

21  of proof presented at such hearing, the disciplinary hearing

22  officer it shall find him or her guilty. If the disciplinary

23  hearing officer committee considers that all or part of the

24  prisoner's gain-time and the prisoner's right to earn

25  gain-time during all or any part of the sentence or sentences

26  under which he or she is imprisoned shall be forfeited, the

27  disciplinary hearing officer it shall so recommend in his or

28  her its written report. Such report shall be presented to the

29  warden of the institution, who may approve such recommendation

30  in whole or in part by endorsing such approval on the report.

31  In the event of approval, the warden shall forward the report

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  1  to the department. Thereupon, the department may, in its

  2  discretion, declare the forfeiture thus approved by the warden

  3  or any specified part thereof.

  4         Section 5.  Paragraph (a) of subsection (1), subsection

  5  (2), and paragraph (d) of subsection (3) of section 944.35,

  6  Florida Statutes, are amended to read:

  7         944.35  Authorized use of force; malicious battery and

  8  sexual misconduct prohibited; reporting required; penalties.--

  9         (1)(a)  An employee of the department is authorized to

10  apply physical force upon an inmate only when and to the

11  extent that it reasonably appears necessary:

12         1.  To defend himself or herself or another against

13  such other imminent use of unlawful force;

14         2.  To prevent a person from escaping from a state

15  prison correctional institution when the officer reasonably

16  believes that person is lawfully detained in such prison

17  institution;

18         3.  To prevent damage to property;

19         4.  To quell a disturbance;

20         5.  To overcome physical resistance to a lawful

21  command; or

22         6.  To administer medical treatment only by or under

23  the supervision of a physician or his or her designee and

24  only:

25         a.  When treatment is necessary to protect the health

26  of other persons, as in the case of contagious or venereal

27  diseases; or

28         b.  When treatment is offered in satisfaction of a duty

29  to protect the inmate against self-inflicted injury or death.

30

31

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  1  As part of the correctional officer training program, the

  2  Criminal Justice Standards and Training Commission shall

  3  develop a course specifically designed to explain the

  4  parameters of this subsection and to teach the proper methods

  5  and techniques in applying authorized physical force upon an

  6  inmate.

  7         (2)  Each employee of the department who either applies

  8  physical force or was responsible for making the decision to

  9  apply physical force upon an inmate or an offender supervised

10  by the department in the community pursuant to this subsection

11  shall prepare, date, and sign an independent report within 5

12  working days after of the incident. The report shall be

13  delivered to the circuit administrator or warden or the

14  regional administrator, who shall forward the report with all

15  appropriate documentation to the office of the inspector

16  general have an investigation made and shall approve or

17  disapprove the force used. The inspector general shall conduct

18  a review and make recommendations regarding the

19  appropriateness or inappropriateness of the use of force. If

20  the inspector general finds that the use of force was

21  appropriate, the employee's report, together with the

22  inspector general's written determination of the

23  appropriateness of the force used and the reasons therefor,

24  shall be forwarded to the circuit administrator or warden

25  within 5 working days after the date of the completion of the

26  review. If the inspector general finds that the use of force

27  was inappropriate, the inspector general shall conduct a

28  complete investigation into the incident and forward the

29  findings of fact to the appropriate regional director for

30  further action. The employee's report, together with the

31  warden's or regional administrator's written approval or

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  1  disapproval of the force used and the reasons therefor, shall

  2  be forwarded within 5 working days of the date of the

  3  completion of the investigation to the regional director. The

  4  regional director shall, in writing, concur in the warden's or

  5  regional administrator's evaluation or disapprove it. Copies

  6  of the employee's report, the warden's or regional

  7  administrator's evaluation, and the inspector general's

  8  regional director's review shall be kept in the files of the

  9  inmate or the offender supervised by the department in the

10  community. A notation of each incident involving use of force

11  and the outcome based on the inspector general's warden's or

12  regional director's evaluation and the regional

13  administrator's review shall be kept in the employee's file.

14         (3)

15         (d)  Each employee who witnesses, or has reasonable

16  cause to suspect, that an inmate or an offender under the

17  supervision of the department in the community has been

18  unlawfully abused or is the subject of sexual misconduct

19  pursuant to this subsection shall immediately prepare, date,

20  and sign an independent report specifically describing the

21  nature of the force used or the nature of the sexual

22  misconduct, the location and time of the incident, and the

23  persons involved.  The report shall be delivered to the

24  inspector general of the department with a copy to be

25  delivered to the warden of the prison institution or the

26  circuit regional administrator. The inspector general shall

27  immediately conduct an appropriate investigation, and, if

28  probable cause is determined that a violation of this

29  subsection has occurred, the respective state attorney in the

30  circuit in which the incident occurred shall be notified.

31

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  1         Section 6.  Paragraphs (d), (g), and (i) of subsection

  2  (1), paragraph (c) of subsection (3), and subsection (4) of

  3  section 20.315, Florida Statutes, are amended to read:

  4         20.315  Department of Corrections.--There is created a

  5  Department of Corrections.

  6         (1)  PURPOSE.--The purpose of the Department of

  7  Corrections is to protect the public through the incarceration

  8  and supervision of offenders and to rehabilitate offenders

  9  through the application of work, programs, and services. The

10  goals of the department shall be:

11         (d)  To provide a safe and humane environment for

12  offenders and staff in which rehabilitation is possible.  This

13  should include the protection of the offender from

14  victimization within the prison institution and the

15  development of a system of due process, where applicable.

16         (g)  To provide library services at prisons

17  correctional institutions, which includes general and law

18  library services.

19         (i)  To provide the level of security in prisons

20  institutions commensurate with the custody requirements and

21  management needs of inmates.

22         (3)  SECRETARY OF CORRECTIONS.--The head of the

23  Department of Corrections is the Secretary of Corrections.

24  The secretary is appointed by the Governor, subject to

25  confirmation by the Senate, and shall serve at the pleasure of

26  the Governor.  The secretary is responsible for planning,

27  coordinating, and managing the corrections system of the

28  state.  The secretary shall ensure that the programs and

29  services of the department are administered in accordance with

30  state and federal laws, rules, and regulations, with

31  established program standards, and consistent with legislative

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  1  intent.  The secretary shall identify the need for and

  2  recommend funding for the secure and efficient operation of

  3  the state correctional system.

  4         (c)  The secretary may appoint assistant secretaries,

  5  directors, or other such persons that he or she deems are

  6  necessary to accomplish the mission and goals of the

  7  department, including, but not limited to, the following areas

  8  of program responsibility:

  9         1.  Security and prison institutional operations, which

10  shall provide inmate work programs, offender programs,

11  security administration, emergency operations response, and

12  operational oversight of the regions.

13         2.  Health services, which shall be headed by a

14  physician licensed under chapter 458 or an osteopathic

15  physician licensed under chapter 459, or a professionally

16  trained health care administrator with progressively

17  responsible experience in health care administration.  This

18  individual shall be responsible for the delivery of health

19  services to offenders within the system and shall have direct

20  professional authority over such services.

21         3.  Community corrections, which shall provide for

22  coordination of community alternatives to incarceration and

23  operational oversight of community corrections regions.

24         4.  Administrative services, which shall provide budget

25  and accounting services within the department, including the

26  construction and maintenance of prisons correctional

27  institutions, human resource management, research, planning

28  and evaluation, and technology.

29         5.  Program services, which shall provide for the

30  direct management and supervision of all departmental

31  programs, including the coordination and delivery of education

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  1  and job training to the offenders in the custody of the

  2  department.

  3         (4)  REGIONS.--The department shall plan and administer

  4  its program of services for community corrections, security,

  5  and prison institutional operations through regions.

  6         Section 7.  Paragraph (d) of subsection (1) of section

  7  39.806, Florida Statutes, is amended to read:

  8         39.806  Grounds for termination of parental rights.--

  9         (1)  The department, the guardian ad litem, a licensed

10  child-placing agency, or any person who has knowledge of the

11  facts alleged or who is informed of said facts and believes

12  that they are true, may petition for the termination of

13  parental rights under any of the following circumstances:

14         (d)  When the parent of a child is incarcerated in a

15  state prison or federal correctional institution and either:

16         1.  The period of time for which the parent is expected

17  to be incarcerated will constitute a substantial portion of

18  the period of time before the child will attain the age of 18

19  years;

20         2.  The incarcerated parent has been determined by the

21  court to be a violent career criminal as defined in s.

22  775.084, a habitual violent felony offender as defined in s.

23  775.084, or a sexual predator as defined in s. 775.21; has

24  been convicted of first degree or second degree murder in

25  violation of s. 782.04 or a sexual battery that constitutes a

26  capital, life, or first degree felony violation of s. 794.011;

27  or has been convicted of an offense in another jurisdiction

28  which is substantially similar to one of the offenses listed

29  in this paragraph.  As used in this section, the term

30  "substantially similar offense" means any offense that is

31  substantially similar in elements and penalties to one of

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  1  those listed in this paragraph, and that is in violation of a

  2  law of any other jurisdiction, whether that of another state,

  3  the District of Columbia, the United States or any possession

  4  or territory thereof, or any foreign jurisdiction; or

  5         3.  The court determines by clear and convincing

  6  evidence that continuing the parental relationship with the

  7  incarcerated parent would be harmful to the child and, for

  8  this reason, that termination of the parental rights of the

  9  incarcerated parent is in the best interest of the child.

10         Section 8.  Section 57.091, Florida Statutes, is

11  amended to read:

12         57.091  Costs; refunded to counties in certain

13  proceedings relating to state prisoners.--All lawful fees,

14  costs, and expenses hereafter adjudged against, and paid by,

15  any county in all competency proceedings and all criminal

16  prosecutions against state prisoners imprisoned in a state

17  prison correctional institution, and in all habeas corpus

18  cases brought to test the legality of the imprisonment of

19  state prisoners of such prisons correctional institutions,

20  shall be refunded to the county paying the sum from the

21  General Revenue Fund in the State Treasury in the manner and

22  to the extent herein provided, to wit:  between the 1st and

23  15th of the month next succeeding the month in which the fees,

24  costs, and expenses have been allowed and paid by the county,

25  the clerk of the court shall make requisition on the

26  Department of Corrections for the fees, costs, and expenses so

27  allowed and paid during the preceding month, giving the style

28  of the cases in which fees, costs, and expenses were incurred

29  and the amount and items of cost in each case; providing a

30  certified copy of the judgment adjudging the fees, costs, and

31  expenses against the county and showing that the amount

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  1  represented thereby has been approved by the presiding judge,

  2  paid by the county, and verified by the clerk; and attaching a

  3  certified copy of the bill as approved and allowed by the

  4  board of county commissioners of the county. If the Department

  5  of Corrections finds the bills legal and adjudged against and

  6  paid by the county, the department shall submit a request to

  7  the Comptroller to draw a warrant in the amount thereof, or in

  8  the amount the department finds legal and adjudged against and

  9  paid by the county, in favor of the county paying the fees,

10  costs, and expenses, which shall be paid by the State

11  Treasurer from the general revenue funds of the state.

12         Section 9.  Subsection (2) of section 112.531, Florida

13  Statutes, is amended to read:

14         112.531  Definitions.--As used in this part:

15         (2)  "Correctional officer" means any person, other

16  than a warden, who is appointed or employed full time by the

17  state or any political subdivision thereof whose primary

18  responsibility is the supervision, protection, care, custody,

19  or control of inmates within a state prison or other

20  correctional facility institution; and includes correctional

21  probation officers, as defined in s. 943.10(3). However, the

22  term "correctional officer" does not include any secretarial,

23  clerical, or professionally trained personnel.

24         Section 10.  Paragraph (a) of subsection (2) of section

25  212.04, Florida Statutes, is amended to read:

26         212.04  Admissions tax; rate, procedure, enforcement.--

27         (2)(a)1.  No tax shall be levied on admissions to

28  athletic or other events sponsored by elementary schools,

29  junior high schools, middle schools, high schools, community

30  colleges, public or private colleges and universities, deaf

31  and blind schools, facilities of the youth services programs

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  1  of the Department of Children and Family Services, and state

  2  prisons correctional institutions when only student, faculty,

  3  or inmate talent is used. However, this exemption shall not

  4  apply to admission to athletic events sponsored by an

  5  institution within the State University System, and the

  6  proceeds of the tax collected on such admissions shall be

  7  retained and used by each institution to support women's

  8  athletics as provided in s. 240.533(3)(c).

  9         2.a.  No tax shall be levied on dues, membership fees,

10  and admission charges imposed by not-for-profit sponsoring

11  organizations. To receive this exemption, the sponsoring

12  organization must qualify as a not-for-profit entity under the

13  provisions of s. 501(c)(3) of the Internal Revenue Code of

14  1954, as amended.

15         b.  No tax shall be levied on admission charges to an

16  event sponsored by a governmental entity, sports authority, or

17  sports commission when held in a convention hall, exhibition

18  hall, auditorium, stadium, theater, arena, civic center,

19  performing arts center, or publicly owned recreational

20  facility and when 100 percent of the risk of success or

21  failure lies with the sponsor of the event and 100 percent of

22  the funds at risk for the event belong to the sponsor, and

23  student or faculty talent is not exclusively used.  As used in

24  this sub-subparagraph, the terms "sports authority" and

25  "sports commission" mean a nonprofit organization that is

26  exempt from federal income tax under s. 501(c)(3) of the

27  Internal Revenue Code and that contracts with a county or

28  municipal government for the purpose of promoting and

29  attracting sports-tourism events to the community with which

30  it contracts.

31

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  1         3.  No tax shall be levied on an admission paid by a

  2  student, or on the student's behalf, to any required place of

  3  sport or recreation if the student's participation in the

  4  sport or recreational activity is required as a part of a

  5  program or activity sponsored by, and under the jurisdiction

  6  of, the student's educational institution, provided his or her

  7  attendance is as a participant and not as a spectator.

  8         4.  No tax shall be levied on admissions to the

  9  National Football League championship game, on admissions to

10  any semifinal game or championship game of a national

11  collegiate tournament, or on admissions to a Major League

12  Baseball all-star game.

13         5.  A participation fee or sponsorship fee imposed by a

14  governmental entity as described in s. 212.08(6) for an

15  athletic or recreational program is exempt when the

16  governmental entity by itself, or in conjunction with an

17  organization exempt under s. 501(c)(3) of the Internal Revenue

18  Code of 1954, as amended, sponsors, administers, plans,

19  supervises, directs, and controls the athletic or recreational

20  program.

21         6.  Also exempt from the tax imposed by this section to

22  the extent provided in this subparagraph are admissions to

23  live theater, live opera, or live ballet productions in this

24  state which are sponsored by an organization that has received

25  a determination from the Internal Revenue Service that the

26  organization is exempt from federal income tax under s.

27  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

28  the organization actively participates in planning and

29  conducting the event, is responsible for the safety and

30  success of the event, is organized for the purpose of

31  sponsoring live theater, live opera, or live ballet

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  1  productions in this state, has more than 10,000 subscribing

  2  members and has among the stated purposes in its charter the

  3  promotion of arts education in the communities which it

  4  serves, and will receive at least 20 percent of the net

  5  profits, if any, of the events which the organization sponsors

  6  and will bear the risk of at least 20 percent of the losses,

  7  if any, from the events which it sponsors if the organization

  8  employs other persons as agents to provide services in

  9  connection with a sponsored event. Prior to March 1 of each

10  year, such organization may apply to the department for a

11  certificate of exemption for admissions to such events

12  sponsored in this state by the organization during the

13  immediately following state fiscal year. The application shall

14  state the total dollar amount of admissions receipts collected

15  by the organization or its agents from such events in this

16  state sponsored by the organization or its agents in the year

17  immediately preceding the year in which the organization

18  applies for the exemption. Such organization shall receive the

19  exemption only to the extent of $1.5 million multiplied by the

20  ratio that such receipts bear to the total of such receipts of

21  all organizations applying for the exemption in such year;

22  however, in no event shall such exemption granted to any

23  organization exceed 6 percent of such admissions receipts

24  collected by the organization or its agents in the year

25  immediately preceding the year in which the organization

26  applies for the exemption. Each organization receiving the

27  exemption shall report each month to the department the total

28  admissions receipts collected from such events sponsored by

29  the organization during the preceding month and shall remit to

30  the department an amount equal to 6 percent of such receipts

31  reduced by any amount remaining under the exemption. Tickets

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  1  for such events sold by such organizations shall not reflect

  2  the tax otherwise imposed under this section.

  3         7.  Also exempt from the tax imposed by this section

  4  are entry fees for participation in freshwater fishing

  5  tournaments.

  6         8.  Also exempt from the tax imposed by this section

  7  are participation or entry fees charged to participants in a

  8  game, race, or other sport or recreational event if spectators

  9  are charged a taxable admission to such event.

10         9.  No tax shall be levied on admissions to any

11  postseason collegiate football game sanctioned by the National

12  Collegiate Athletic Association.

13         Section 11.  Effective July 1, 2003, paragraph (a) of

14  subsection (2) of section 212.04, Florida Statutes, as amended

15  by section 4 of chapter 2000-345, Laws of Florida, is amended

16  to read:

17         212.04  Admissions tax; rate, procedure, enforcement.--

18         (2)(a)1.  No tax shall be levied on admissions to

19  athletic or other events sponsored by elementary schools,

20  junior high schools, middle schools, high schools, community

21  colleges, public or private colleges and universities, deaf

22  and blind schools, facilities of the youth services programs

23  of the Department of Children and Family Services, and state

24  prisons correctional institutions when only student, faculty,

25  or inmate talent is used. However, this exemption shall not

26  apply to admission to athletic events sponsored by an

27  institution within the State University System, and the

28  proceeds of the tax collected on such admissions shall be

29  retained and used by each institution to support women's

30  athletics as provided in s. 240.533(3)(c).

31

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  1         2.  No tax shall be levied on dues, membership fees,

  2  and admission charges imposed by not-for-profit sponsoring

  3  organizations. To receive this exemption, the sponsoring

  4  organization must qualify as a not-for-profit entity under the

  5  provisions of s. 501(c)(3) of the Internal Revenue Code of

  6  1954, as amended.

  7         3.  No tax shall be levied on an admission paid by a

  8  student, or on the student's behalf, to any required place of

  9  sport or recreation if the student's participation in the

10  sport or recreational activity is required as a part of a

11  program or activity sponsored by, and under the jurisdiction

12  of, the student's educational institution, provided his or her

13  attendance is as a participant and not as a spectator.

14         4.  No tax shall be levied on admissions to the

15  National Football League championship game, on admissions to

16  any semifinal game or championship game of a national

17  collegiate tournament, or on admissions to a Major League

18  Baseball all-star game.

19         5.  A participation fee or sponsorship fee imposed by a

20  governmental entity as described in s. 212.08(6) for an

21  athletic or recreational program is exempt when the

22  governmental entity by itself, or in conjunction with an

23  organization exempt under s. 501(c)(3) of the Internal Revenue

24  Code of 1954, as amended, sponsors, administers, plans,

25  supervises, directs, and controls the athletic or recreational

26  program.

27         6.  Also exempt from the tax imposed by this section to

28  the extent provided in this subparagraph are admissions to

29  live theater, live opera, or live ballet productions in this

30  state which are sponsored by an organization that has received

31  a determination from the Internal Revenue Service that the

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  1  organization is exempt from federal income tax under s.

  2  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

  3  the organization actively participates in planning and

  4  conducting the event, is responsible for the safety and

  5  success of the event, is organized for the purpose of

  6  sponsoring live theater, live opera, or live ballet

  7  productions in this state, has more than 10,000 subscribing

  8  members and has among the stated purposes in its charter the

  9  promotion of arts education in the communities which it

10  serves, and will receive at least 20 percent of the net

11  profits, if any, of the events which the organization sponsors

12  and will bear the risk of at least 20 percent of the losses,

13  if any, from the events which it sponsors if the organization

14  employs other persons as agents to provide services in

15  connection with a sponsored event. Prior to March 1 of each

16  year, such organization may apply to the department for a

17  certificate of exemption for admissions to such events

18  sponsored in this state by the organization during the

19  immediately following state fiscal year. The application shall

20  state the total dollar amount of admissions receipts collected

21  by the organization or its agents from such events in this

22  state sponsored by the organization or its agents in the year

23  immediately preceding the year in which the organization

24  applies for the exemption. Such organization shall receive the

25  exemption only to the extent of $1.5 million multiplied by the

26  ratio that such receipts bear to the total of such receipts of

27  all organizations applying for the exemption in such year;

28  however, in no event shall such exemption granted to any

29  organization exceed 6 percent of such admissions receipts

30  collected by the organization or its agents in the year

31  immediately preceding the year in which the organization

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  1  applies for the exemption. Each organization receiving the

  2  exemption shall report each month to the department the total

  3  admissions receipts collected from such events sponsored by

  4  the organization during the preceding month and shall remit to

  5  the department an amount equal to 6 percent of such receipts

  6  reduced by any amount remaining under the exemption. Tickets

  7  for such events sold by such organizations shall not reflect

  8  the tax otherwise imposed under this section.

  9         7.  Also exempt from the tax imposed by this section

10  are entry fees for participation in freshwater fishing

11  tournaments.

12         8.  Also exempt from the tax imposed by this section

13  are participation or entry fees charged to participants in a

14  game, race, or other sport or recreational event if spectators

15  are charged a taxable admission to such event.

16         9.  No tax shall be levied on admissions to any

17  postseason collegiate football game sanctioned by the National

18  Collegiate Athletic Association.

19         Section 12.  Subsection (2) of section 229.565, Florida

20  Statutes, is amended to read:

21         229.565  Educational evaluation procedures.--

22         (2)  EDUCATION EVALUATION.--The Commissioner of

23  Education, or the Auditor General as provided in paragraph

24  (a), shall periodically examine and evaluate procedures,

25  records, and programs in each district to determine compliance

26  with law and rules established by the state board, or by the

27  Commissioner of Education, and in each prison correctional

28  institution operated by the Department of Corrections to

29  determine compliance with law and rules established by the

30  Department of Corrections for the Correctional Education

31

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  1  Program pursuant to s. 944.801. Such evaluations must include,

  2  but need not be limited to:

  3         (a)  Reported full-time equivalent membership in each

  4  program category. This evaluation must be conducted by the

  5  Auditor General for the Florida Education Finance Program

  6  full-time enrollment verification function.

  7         (b)  The organization of all special programs to ensure

  8  compliance with law and the criteria established and approved

  9  by the state board pursuant to the provisions of this section

10  and s. 230.23(4)(m).

11         (c)  The procedures for identification and placement of

12  students in educational alternative programs for students who

13  are disruptive or unsuccessful in a normal school environment

14  and for diagnosis and placement of students in special

15  programs for exceptional students, to determine that the

16  district is following the criteria for placement established

17  by rules of the state board and of the Commissioner of

18  Education and the procedures for placement established by that

19  district school board and by the Commissioner of Education.

20         (d)  An evaluation of the standards by which the school

21  district evaluates basic and special programs for quality,

22  efficiency, and effectiveness.

23         (e)  Determination of the ratio of administrators to

24  teachers in each school district.

25         (f)  Compliance with the cost accounting and reporting

26  requirements of s. 237.34 and the extent to which the

27  percentage expenditure requirements therein are being met.

28         (g)  Clearly defined data collection and documentation

29  requirements, including specifications of which records and

30  information need to be kept and how long the records need to

31  be retained.  The information and documentation needs for

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  1  evaluation must be presented to the school districts and

  2  explained well in advance of the actual audit date.

  3         (h)  Determination of school district achievement in

  4  meeting the performance standards specified in s. 232.2454.

  5         Section 13.  Subsection (9) of section 397.305, Florida

  6  Statutes, is amended to read:

  7         397.305  Legislative findings, intent, and purpose.--

  8         (9)  It is the intent of the Legislature to provide for

  9  assisting substance abuse impaired persons primarily through

10  health and other rehabilitative services in order to relieve

11  the police, courts, prisons correctional institutions, and

12  other criminal justice agencies of a burden that interferes

13  with their ability to protect people, apprehend offenders, and

14  maintain safe and orderly communities.

15         Section 14.  Paragraph (d) of subsection (2) of section

16  413.051, Florida Statutes, is amended to read:

17         413.051  Eligible blind persons; operation of vending

18  stands.--

19         (2)  As used in this section:

20         (d)  "State property" means any building or land owned,

21  leased, or otherwise controlled by the state, but does not

22  include any building or land under the control of the Board of

23  Regents, a community college district board of trustees, or

24  any state prison correctional institution as defined in s.

25  944.02.

26         Section 15.  Paragraphs (a), (c), and (d) of subsection

27  (2) of section 414.40, Florida Statutes, are amended to read:

28         414.40  Stop Inmate Fraud Program established;

29  guidelines.--

30

31

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  1         (2)  The Department of Law Enforcement is directed to

  2  implement the Stop Inmate Fraud Program in accordance with the

  3  following guidelines:

  4         (a)  The program shall establish procedures for sharing

  5  public records not exempt from the public records law among

  6  social services agencies regarding the identities of persons

  7  incarcerated in state prisons correctional institutions, as

  8  defined in s. 944.02, or in county, municipal, or regional

  9  jails or other detention facilities of local governments under

10  chapter 950 or chapter 951 who are wrongfully receiving public

11  assistance benefits or entitlement benefits.

12         (c)  Database searches shall be conducted of the inmate

13  population at each prison correctional institution or other

14  detention facility.  A prison correctional institution or a

15  detention facility shall provide the Stop Inmate Fraud Program

16  with the information necessary to identify persons wrongfully

17  receiving benefits in the medium requested by the Stop Inmate

18  Fraud Program if the prison correctional institution or

19  detention facility maintains the information in that medium.

20         (d)  Data obtained from prisons correctional

21  institutions or other detention facilities shall be compared

22  with the client files of the Department of Children and Family

23  Services, the Department of Labor and Employment Security, and

24  other state or local agencies as needed to identify persons

25  wrongfully obtaining benefits.  Data comparisons shall be

26  accomplished during periods of low information demand by

27  agency personnel to minimize inconvenience to the agency.

28         Section 16.  Paragraph (jj) of subsection (2) of

29  section 435.04, Florida Statutes, is amended to read:

30         435.04  Level 2 screening standards.--

31

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  1         (2)  The security background investigations under this

  2  section must ensure that no persons subject to the provisions

  3  of this section have been found guilty of, regardless of

  4  adjudication, or entered a plea of nolo contendere or guilty

  5  to, any offense prohibited under any of the following

  6  provisions of the Florida Statutes or under any similar

  7  statute of another jurisdiction:

  8         (jj)  Section 843.13, relating to aiding in the escape

  9  of juvenile inmates in prisons correctional institutions.

10         Section 17.  Paragraph (b) of subsection (3) of section

11  468.302, Florida Statutes, is amended to read:

12         468.302  Use of radiation; identification of certified

13  persons; limitations; exceptions.--

14         (3)

15         (b)  A basic X-ray machine operator or basic X-ray

16  machine operator-podiatric medicine may not practice

17  radiologic technology in walk-in emergency centers,

18  freestanding breast clinics, freestanding cancer clinics,

19  state mental hospitals, state prisons correctional

20  institutions, or in any facility regulated under chapter 390,

21  chapter 392, chapter 393, chapter 394, or chapter 641.  For a

22  facility licensed under chapter 395, a basic X-ray machine

23  operator may only perform the procedures specified in

24  paragraph (a) in a hospital with a capacity of 150 beds or

25  less.  If such a hospital has or acquires radiographic or

26  fluoroscopic equipment other than general diagnostic

27  radiographic and general fluoroscopic equipment, that hospital

28  shall keep a record documenting which personnel performed each

29  radiographic or fluoroscopic procedure. For purposes of this

30  paragraph, a walk-in emergency center shall not include a

31  physician-operated walk-in clinic which operates with or

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  1  without appointments and with extended hours and which does

  2  not hold itself out to the public as an emergency center.

  3         Section 18.  Paragraph (b) of subsection (12) of

  4  section 496.404, Florida Statutes, is amended to read:

  5         496.404  Definitions.--As used in ss. 496.401-496.424:

  6         (12)  "Law enforcement officer" means any person who is

  7  elected, appointed, or employed by any municipality or the

  8  state or any political subdivision thereof and:

  9         (b)  Whose responsibility includes supervision,

10  protection, care, custody, or control of inmates within a

11  prison or other correctional facility institution.

12         Section 19.  Subsection (1) of section 570.071, Florida

13  Statutes, is amended to read:

14         570.071  Florida Agricultural Exposition;

15  responsibility of Departments of Agriculture and Consumer

16  Services and Corrections.--

17         (1)  The Department of Agriculture and Consumer

18  Services and the Department of Corrections are authorized to

19  construct and equip an agricultural exposition center in the

20  vicinity of Belle Glade in Palm Beach County to be known as

21  "Florida Agricultural Exposition," to be administered by the

22  Department of Agriculture and Consumer Services as a place to

23  demonstrate and sell Florida agricultural and agriculture

24  business products; to attract and inform buyers; to conduct

25  agricultural short courses and conferences; to organize tours

26  in the aid of marketing Florida agricultural products to the

27  domestic, Latin American, and other foreign markets; and to

28  train prisoners of the prisons correctional institutions of

29  the state in agricultural labor and management.

30         Section 20.  Paragraph (b) of subsection (4) of section

31  766.314, Florida Statutes, is amended to read:

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  1         766.314  Assessments; plan of operation.--

  2         (4)  The following persons and entities shall pay into

  3  the association an initial assessment in accordance with the

  4  plan of operation:

  5         (b)1.  On or before October 15, 1988, all physicians

  6  licensed pursuant to chapter 458 or chapter 459 as of October

  7  1, 1988, other than participating physicians, shall be

  8  assessed an initial assessment of $250, which must be paid no

  9  later than December 1, 1988.

10         2.  Any such physician who becomes licensed after

11  September 30, 1988, and before January 1, 1989, shall pay into

12  the association an initial assessment of $250 upon licensure.

13         3.  Any such physician who becomes licensed on or after

14  January 1, 1989, shall pay an initial assessment equal to the

15  most recent assessment made pursuant to this paragraph,

16  paragraph (5)(a), or paragraph (7)(b).

17         4.  However, if the physician is a physician specified

18  in this subparagraph, the assessment is not applicable:

19         a.  A resident physician, assistant resident physician,

20  or intern in an approved postgraduate training program, as

21  defined by the Board of Medicine or the Board of Osteopathic

22  Medicine by rule;

23         b.  A retired physician who has withdrawn from the

24  practice of medicine but who maintains an active license as

25  evidenced by an affidavit filed with the Department of Health.

26  Prior to reentering the practice of medicine in this state, a

27  retired physician as herein defined must notify the Board of

28  Medicine or the Board of Osteopathic Medicine and pay the

29  appropriate assessments pursuant to this section;

30

31

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  1         c.  A physician who holds a limited license pursuant to

  2  s. 458.317 and who is not being compensated for medical

  3  services;

  4         d.  A physician who is employed full time by the United

  5  States Department of Veterans Affairs and whose practice is

  6  confined to United States Department of Veterans Affairs

  7  hospitals; or

  8         e.  A physician who is a member of the Armed Forces of

  9  the United States and who meets the requirements of s.

10  456.024.

11         f.  A physician who is employed full time by the State

12  of Florida and whose practice is confined to state-owned

13  prisons correctional institutions, a county health department,

14  or state-owned mental health or developmental services

15  facilities, or who is employed full time by the Department of

16  Health.

17         Section 21.  Paragraph (c) of subsection (4) of section

18  776.085, Florida Statutes, is amended to read:

19         776.085  Defense to civil action for damages; party

20  convicted of forcible or attempted forcible felony.--

21         (4)  In any civil action where a party prevails based

22  on the defense created by this section:

23         (c)  If the losing party is incarcerated for the crime

24  or attempted crime, the court shall issue a written order

25  containing its findings and ruling pursuant to paragraphs (a)

26  and (b) and shall direct that a certified copy be forwarded to

27  the appropriate prison correctional institution or

28  correctional facility.

29         Section 22.  Paragraph (c) of subsection (3) of section

30  921.0022, Florida Statutes, is amended to read:

31

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  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8

  9                              (c)  LEVEL 3

10  316.1935(2)        3rd      Fleeing or attempting to elude

11                              law enforcement officer in marked

12                              patrol vehicle with siren and

13                              lights activated.

14  319.30(4)          3rd      Possession by junkyard of motor

15                              vehicle with identification

16                              number plate removed.

17  319.33(1)(a)       3rd      Alter or forge any certificate of

18                              title to a motor vehicle or

19                              mobile home.

20  319.33(1)(c)       3rd      Procure or pass title on stolen

21                              vehicle.

22  319.33(4)          3rd      With intent to defraud, possess,

23                              sell, etc., a blank, forged, or

24                              unlawfully obtained title or

25                              registration.

26  328.05(2)          3rd      Possess, sell, or counterfeit

27                              fictitious, stolen, or fraudulent

28                              titles or bills of sale of

29                              vessels.

30

31

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  1  328.07(4)          3rd      Manufacture, exchange, or possess

  2                              vessel with counterfeit or wrong

  3                              ID number.

  4  376.302(5)         3rd      Fraud related to reimbursement

  5                              for cleanup expenses under the

  6                              Inland Protection Trust Fund.

  7  501.001(2)(b)      2nd      Tampers with a consumer product

  8                              or the container using materially

  9                              false/misleading information.

10  697.08             3rd      Equity skimming.

11  790.15(3)          3rd      Person directs another to

12                              discharge firearm from a vehicle.

13  796.05(1)          3rd      Live on earnings of a prostitute.

14  806.10(1)          3rd      Maliciously injure, destroy, or

15                              interfere with vehicles or

16                              equipment used in firefighting.

17  806.10(2)          3rd      Interferes with or assaults

18                              firefighter in performance of

19                              duty.

20  810.09(2)(c)       3rd      Trespass on property other than

21                              structure or conveyance armed

22                              with firearm or dangerous weapon.

23  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

24                              less than $10,000.

25  815.04(4)(b)       2nd      Computer offense devised to

26                              defraud or obtain property.

27  817.034(4)(a)3.    3rd      Engages in scheme to defraud

28                              (Florida Communications Fraud

29                              Act), property valued at less

30                              than $20,000.

31  817.233            3rd      Burning to defraud insurer.

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  1  828.12(2)          3rd      Tortures any animal with intent

  2                              to inflict intense pain, serious

  3                              physical injury, or death.

  4  831.29             2nd      Possession of instruments for

  5                              counterfeiting drivers' licenses

  6                              or identification cards.

  7  838.021(3)(b)      3rd      Threatens unlawful harm to public

  8                              servant.

  9  843.19             3rd      Injure, disable, or kill police

10                              dog or horse.

11  870.01(2)          3rd      Riot; inciting or encouraging.

12  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs).

18  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs within 200 feet

23                              of university or public park.

24  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

25                              893.03(1)(c), (2)(c)1., (2)(c)2.,

26                              (2)(c)3., (2)(c)5., (2)(c)6.,

27                              (2)(c)7., (2)(c)8., (2)(c)9.,

28                              (3), or (4) drugs within 200 feet

29                              of public housing facility.

30

31

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  1  893.13(6)(a)       3rd      Possession of any controlled

  2                              substance other than felony

  3                              possession of cannabis.

  4  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  5                              controlled substance by fraud,

  6                              forgery, misrepresentation, etc.

  7  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  8                              material information on any

  9                              document or record required by

10                              chapter 893.

11  918.13(1)(a)       3rd      Alter, destroy, or conceal

12                              investigation evidence.

13  944.47

14   (1)(a)1.-2.       3rd      Introduce contraband to

15                              correctional facility.

16  944.47(1)(c)       2nd      Possess contraband while upon the

17                              grounds of a prison correctional

18                              institution.

19  985.3141           3rd      Escapes from a juvenile facility

20                              (secure detention or residential

21                              commitment facility).

22         Section 23.  Paragraph (a) of subsection (1) of section

23  921.187, Florida Statutes, is amended to read:

24         921.187  Disposition and sentencing; alternatives;

25  restitution.--

26         (1)  The alternatives provided in this section for the

27  disposition of criminal cases shall be used in a manner that

28  will best serve the needs of society, punish criminal

29  offenders, and provide the opportunity for rehabilitation.

30         (a)  If the offender does not receive a state prison

31  sentence, the court may:

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  1         1.  Impose a split sentence whereby the offender is to

  2  be placed on probation upon completion of any specified period

  3  of such sentence, which period may include a term of years or

  4  less.

  5         2.  Make any other disposition that is authorized by

  6  law.

  7         3.  Place the offender on probation with or without an

  8  adjudication of guilt pursuant to s. 948.01.

  9         4.  Impose a fine and probation pursuant to s. 948.011

10  when the offense is punishable by both a fine and imprisonment

11  and probation is authorized.

12         5.  Place the offender into community control requiring

13  intensive supervision and surveillance pursuant to chapter

14  948.

15         6.  Impose, as a condition of probation or community

16  control, a period of treatment which shall be restricted to a

17  county facility, a Department of Corrections probation and

18  restitution center, a probation program drug punishment

19  treatment community, or a community residential or

20  nonresidential facility, excluding a work release community

21  correctional center as defined in s. 944.033 944.026, which is

22  owned and operated by any qualified public or private entity

23  providing such services. Before admission to such a facility,

24  the court shall obtain an individual assessment and

25  recommendations on the appropriate treatment needs, which

26  shall be considered by the court in ordering such placements.

27  Placement in such a facility, except for a county residential

28  probation facility, may not exceed 364 days. Placement in a

29  county residential probation facility may not exceed 3 years.

30  Early termination of placement may be recommended to the

31  court, when appropriate, by the center supervisor, the

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  1  supervising probation officer, or the probation program

  2  manager.

  3         7.  Sentence the offender pursuant to s. 922.051 to

  4  imprisonment in a county jail when a statute directs

  5  imprisonment in a state prison, if the offender's cumulative

  6  sentence, whether from the same circuit or from separate

  7  circuits, is not more than 364 days.

  8         8.  Sentence the offender who is to be punished by

  9  imprisonment in a county jail to a jail in another county if

10  there is no jail within the county suitable for such prisoner

11  pursuant to s. 950.01.

12         9.  Require the offender to participate in a

13  work-release or educational or vocational training program

14  pursuant to s. 951.24 while serving a sentence in a county

15  jail, if such a program is available.

16         10.  Require the offender to perform a specified public

17  service pursuant to s. 775.091.

18         11.  Require the offender who violates chapter 893 or

19  violates any law while under the influence of a controlled

20  substance or alcohol to participate in a substance abuse

21  program.

22         12.a.  Require the offender who violates any criminal

23  provision of chapter 893 to pay an additional assessment in an

24  amount up to the amount of any fine imposed, pursuant to ss.

25  938.21 and 938.23.

26         b.  Require the offender who violates any provision of

27  s. 893.13 to pay an additional assessment in an amount of

28  $100, pursuant to ss. 938.25 and 943.361.

29         13.  Impose a split sentence whereby the offender is to

30  be placed in a county jail or county work camp upon the

31  completion of any specified term of community supervision.

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  1         14.  Impose split probation whereby upon satisfactory

  2  completion of half the term of probation, the Department of

  3  Corrections may place the offender on administrative probation

  4  pursuant to s. 948.01 for the remainder of the term of

  5  supervision.

  6         15.  Require residence in a state probation and

  7  restitution center or private drug treatment program for

  8  offenders on community control or offenders who have violated

  9  conditions of probation.

10         16.  Impose any other sanction which is provided within

11  the community and approved as an intermediate sanction by the

12  county public safety coordinating council as described in s.

13  951.26.

14         17.  Impose, as a condition of community control,

15  probation, or probation following incarceration, a requirement

16  that an offender who has not obtained a high school diploma or

17  high school equivalency diploma or who lacks basic or

18  functional literacy skills, upon acceptance by an adult

19  education program, make a good faith effort toward completion

20  of such basic or functional literacy skills or high school

21  equivalency diploma, as defined in s. 229.814, in accordance

22  with the assessed adult general education needs of the

23  individual offender.

24         Section 24.  Section 921.188, Florida Statutes, is

25  amended to read:

26         921.188  Placement of certain state inmates in local

27  detention facilities.--Effective June 17, 1993,

28  notwithstanding the provisions of ss. 775.08, former 921.001,

29  921.002, 921.187, 944.02, and 951.23, or any other law to the

30  contrary, a person whose presumptive sentence is 1 year and 1

31  day up to 22 months in a state prison correctional institution

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  1  may be placed by the court into the custody of a local

  2  detention facility as a condition of probation or community

  3  control for a felony offense contained in sentencing

  4  guidelines categories five through nine contained in Rules

  5  3.701 and 3.988, Florida Rules of Criminal Procedure, or

  6  similar levels described in s. 921.0022, except for such

  7  person whose total sentence points are greater than 52 or less

  8  than 40. The court may place such person for the duration of

  9  the presumptive sentence. The court may only place a person in

10  a local detention facility pursuant to this section if there

11  is a contractual agreement between the chief correctional

12  officer of that county and the Department of Corrections. The

13  contract may include all operational functions, or only

14  housing wherein the department would provide staffing and

15  medical costs. The agreement must provide for a per diem or

16  partial per diem reimbursement for each person placed under

17  this section, which is payable by the Department of

18  Corrections for the duration of the offender's placement in

19  the facility. The full per diem reimbursement may not exceed

20  the per diem published in the Department of Corrections' most

21  recent annual report for total department facilities. This

22  section does not limit the court's ability to place a person

23  in a local detention facility for less than 1 year.

24         Section 25.  Subsection (9) of section 943.045, Florida

25  Statutes, is amended to read:

26         943.045  Definitions; ss. 943.045-943.08.--The

27  following words and phrases as used in ss. 943.045-943.08

28  shall have the following meanings:

29         (9)  "Disposition" means details relating to the

30  termination of an individual criminal defendant's relationship

31  with a criminal justice agency, including information

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  1  disclosing that the law enforcement agency has elected not to

  2  refer a matter to a prosecutor or that a prosecutor has

  3  elected not to commence criminal proceedings, that a court has

  4  dealt with the individual, or that the individual has been

  5  incarcerated, paroled, pardoned, released, or granted

  6  clemency.  Dispositions include, but are not limited to,

  7  acquittals, dismissals, pleas, convictions, adjudications,

  8  youthful offender determinations, determinations of mental

  9  capacity, placements in intervention programs, pardons,

10  probations, paroles, and releases from prisons or other

11  correctional facilities institutions.

12         Section 26.  Paragraph (a) of subsection (3) of section

13  943.052, Florida Statutes, is amended to read:

14         943.052  Disposition reporting.--The Criminal Justice

15  Information Program shall, by rule, establish procedures and a

16  format for each criminal justice agency to monitor its records

17  and submit reports, as provided by this section, to the

18  program.  The disposition report shall be developed by the

19  program and shall include the offender-based transaction

20  system number.

21         (3)(a)  The Department of Corrections shall submit

22  information to the program relating to the receipt or

23  discharge of any person who is sentenced to a state prison

24  correctional institution.

25         Section 27.  Subsection (1) of section 943.085, Florida

26  Statutes, is amended to read:

27         943.085  Legislative intent with respect to upgrading

28  the quality of law enforcement officers and correctional

29  officers.--

30         (1)  It is the intent of the Legislature to strengthen

31  and upgrade law enforcement agencies and prisons correctional

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  1  institutions in this state by attracting competent, highly

  2  qualified people for professional careers in the criminal

  3  justice disciplines and to retain well-qualified and

  4  experienced officers for the purpose of providing maximum

  5  protection and safety to the citizens of, the visitors to, and

  6  the inmates in this state.

  7         Section 28.  Subsections (2), (7), and (9) of section

  8  943.10, Florida Statutes, are amended to read:

  9         943.10  Definitions; ss. 943.085-943.255.--The

10  following words and phrases as used in ss. 943.085-943.255 are

11  defined as follows:

12         (2)  "Correctional officer" means any person who is

13  appointed or employed full time by the state or any political

14  subdivision thereof, or by any private entity which has

15  contracted with the state or county, and whose primary

16  responsibility is the supervision, protection, care, custody,

17  and control, or investigation, of inmates within a prison or

18  other correctional facility institution; however, the term

19  "correctional officer" does not include any secretarial,

20  clerical, or professionally trained personnel.

21         (7)  "Part-time correctional officer" means any person

22  who is employed or appointed less than full time, as defined

23  by the employing or appointing agency, with or without

24  compensation, whose responsibilities include the supervision,

25  protection, care, custody, and control of inmates within a

26  prison or other correctional facility institution.

27         (9)  "Auxiliary correctional officer" means any person

28  employed or appointed, with or without compensation, who aids

29  or assists a full-time or part-time correctional officer and

30  who, while under the supervision of a full-time or part-time

31  correctional officer, has the same authority as a full-time or

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  1  part-time correctional officer for the purpose of providing

  2  supervision, protection, care, custody, and control of inmates

  3  within a prison correctional institution or a county or

  4  municipal detention facility.

  5         Section 29.  Paragraphs (a) and (b) of subsection (1)

  6  of section 943.11, Florida Statutes, are amended to read:

  7         943.11  Criminal Justice Standards and Training

  8  Commission; membership; meetings; compensation.--

  9         (1)(a)  There is created a Criminal Justice Standards

10  and Training Commission within the Department of Law

11  Enforcement.  The commission shall be composed of 19 members,

12  consisting of the secretary of the Department of Corrections

13  or a designated assistant; the Attorney General or a

14  designated assistant; the Commissioner of Education or a

15  designated assistant; the Director of the Division of the

16  Florida Highway Patrol; and 15 members, to be appointed by the

17  Governor, consisting of 3 sheriffs; 3 chiefs of police; 4 law

18  enforcement officers who are neither sheriffs nor chiefs of

19  police, at least 3 of whom are of the rank of sergeant or

20  below within the employing agency; 2 correctional officers, 1

21  of whom is an administrator of a state prison correctional

22  institution and 1 of whom is of the rank of sergeant or below

23  within the employing agency; 1 training center director; 1

24  person who is in charge of a county correctional institution;

25  and 1 resident of the state who falls into none of the

26  foregoing classifications.  Prior to the appointment, the

27  sheriff, chief of police, law enforcement officer, and

28  correctional officer members shall have had at least 4 years'

29  experience as law enforcement officers or correctional

30  officers.

31

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  1         (b)  The Governor, in making appointments under this

  2  section, shall take into consideration representation by

  3  geography, population, and other relevant factors in order

  4  that the representation on the commission be apportioned to

  5  give representation to the state at large rather than to a

  6  particular area.  Of the appointed members, and except for

  7  correctional officers of a state prison institution, there may

  8  be only one appointment from any employing agency.

  9         Section 30.  Subsections (1), (2), and (5) and

10  paragraph (b) of subsection (6) of section 944.012, Florida

11  Statutes, are amended to read:

12         944.012  Legislative intent.--The Legislature hereby

13  finds and declares that:

14         (1)  Florida spends each year in excess of $60 million

15  for its state correctional system, but Florida citizens have

16  not received a fair return on that investment.  Florida

17  prisons correctional institutions have contributed little to

18  the reduction of crime.  To the contrary, crime rates continue

19  to rise; recidivism rates are notoriously high; and large

20  prisons have for the most part become schools for crime,

21  making successful reintegration into the community unlikely.

22         (2)  It is clear that major changes in correctional

23  methods are required.  It is essential to abate the use of

24  large prisons institutions and continue the development of

25  community-based corrections; to equip judges with more

26  effective evaluative tools to deal with the criminal offender;

27  and to provide alternatives to institutionalization, including

28  the availability of probationers' residences and work release

29  community correctional centers.

30         (5)  In order to make the correctional system an

31  efficient and effective mechanism, the various agencies

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  1  involved in the correctional process must coordinate their

  2  efforts.  Where possible, interagency offices should be

  3  physically located within major prisons institutions and

  4  should include representatives of the Florida State Employment

  5  Service, the vocational rehabilitation programs of the

  6  Department of Labor and Employment Security, and the Parole

  7  Commission. Duplicative and unnecessary methods of evaluating

  8  offenders must be eliminated and areas of responsibility

  9  consolidated in order to more economically utilize present

10  scarce resources.

11         (6)  It is the intent of the Legislature:

12         (b)  To separate dangerous or repeat offenders from

13  nondangerous offenders, who have potential for rehabilitation,

14  and place dangerous offenders in secure and manageable prisons

15  institutions.

16         Section 31.  Subsections (4) and (8) of section 944.02,

17  Florida Statutes, are amended to read:

18         944.02  Definitions.--The following words and phrases

19  used in this chapter shall, unless the context clearly

20  indicates otherwise, have the following meanings:

21         (4)  "Elderly offender" means a prisoner age 50 or

22  older in a state prison correctional institution or facility

23  operated by the Department of Corrections or the Correctional

24  Privatization Commission.

25         (8)  "State prison correctional institution" means any

26  prison, road camp, prison industry, prison forestry camp, or

27  any prison camp or prison farm or other correctional facility,

28  temporary or permanent, in which prisoners are housed, worked,

29  or maintained, under the custody and jurisdiction of the

30  department.

31

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  1         Section 32.  Paragraph (b) of subsection (1) and

  2  paragraph (b) of subsection (4) of section 944.023, Florida

  3  Statutes, are amended to read:

  4         944.023  Comprehensive correctional master plan.--

  5         (1)  As used in this section, the term:

  6         (b)  "Total capacity" of the state correctional system

  7  means the total design capacity of all prisons institutions

  8  and facilities in the state correctional system, which may

  9  include those facilities authorized and funded under chapter

10  957, increased by one-half, with the following exceptions:

11         1.  Medical and mental health beds must remain at

12  design capacity.

13         2.  Community-based contracted beds must remain at

14  design capacity.

15         3.  The one-inmate-per-cell requirement at Florida

16  State Prison and other maximum security facilities must be

17  maintained pursuant to paragraph (7)(a).

18         4.  Work release Community correctional centers and

19  drug treatment centers must be increased by one-third.

20         5.  A housing unit may not exceed its maximum capacity

21  pursuant to paragraphs (7)(a) and (b).

22         6.  A number of beds equal to 5 percent of total

23  capacity shall be deducted for management beds at

24  institutions.

25         (4)  The comprehensive correctional master plan shall

26  use the estimates of the Criminal Justice Estimating

27  Conference and shall include:

28         (b)  A plan developed by the department for the

29  comprehensive vocational and educational training of, and

30  treatment programs for, offenders and their evaluation within

31  each prison institution, program, or facility of the

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  1  department, based upon the identified needs of the offender

  2  and the requirements of the employment market.

  3         Section 33.  Paragraphs (a) and (c) of subsection (1)

  4  of section 944.026, Florida Statutes, are amended to read:

  5         944.026  Community-based facilities and programs.--

  6         (1)  In addition to those facilities and services

  7  described elsewhere in this chapter, the department shall

  8  develop, provide, or contract for a statewide system of

  9  community-based facilities, services, and programs dealing

10  with the rehabilitation of offenders, which shall include, but

11  not be limited to:

12         (a)  A system of work release community correctional

13  centers to be used for reintegration of the offender back into

14  the community, located at various places throughout the state

15  as provided in s. 944.033.

16         (c)  A system of probation and restitution centers

17  throughout the state whereby probationers, drug offender

18  probationers, and community controllees who have violated

19  their terms or conditions, and whose presumptive sentence

20  exceeds 22 months, may be required to reside while working,

21  receiving treatment, or attending school, or for persons on

22  probation, drug offender probation, or community control who

23  may be required to attend outpatient substance abuse

24  counseling.  The purpose of these facilities and services is

25  to provide the court with an alternative to committing

26  offenders to more secure state prisons correctional

27  institutions and to assist in the supervision of probationers,

28  drug offender probationers, and community controllees.

29         Section 34.  Section 944.033, Florida Statutes, is

30  amended to read:

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  1         944.033  Work release Community correctional centers;

  2  existence; location; purpose; restriction.--

  3         (1)  A statewide system of work release correctional

  4  facilities is established to be known as "work release

  5  community correctional centers."

  6         (2)  The purpose of these centers is to facilitate the

  7  reintegration of state inmates back into the community by

  8  means of participation in various work-release, study-release,

  9  community service, substance abuse treatment, and other

10  rehabilitative programs.

11         (3)  No person convicted of sexual battery pursuant to

12  s. 794.011 is eligible for placement in any work release

13  community correctional center.

14         (4)  No facility shall be constructed, leased, or

15  purchased in any county until public hearings have been held

16  in that county.  Such public hearings shall be held pursuant

17  to uniform rules adopted by the department.

18         Section 35.  Subsection (2) of section 944.08, Florida

19  Statutes, is amended to read:

20         944.08  Commitment to custody of department; venue of

21  prisons institutions.--

22         (2)  For the purposes of all judicial proceedings, the

23  prisons institutions of the state correctional system and the

24  precincts thereof shall be deemed to be within and part of the

25  county in which they are situated, and the courts of such

26  counties or circuits shall have jurisdiction of all crimes and

27  offenses committed therein.

28         Section 36.  Paragraph (e) of subsection (1) and

29  subsection (2) of section 944.09, Florida Statutes, are

30  amended to read:

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  1         944.09  Rules of the department; offenders,

  2  probationers, and parolees.--

  3         (1)  The department has authority to adopt rules

  4  pursuant to ss. 120.536(1) and 120.54 to implement its

  5  statutory authority. The rules must include rules relating to:

  6         (e)  The operation and management of the prison

  7  correctional institution or facility and its personnel and

  8  functions.

  9         (2)  It is the duty of the wardens to supervise the

10  governance, discipline, and policy of the state prisons

11  correctional institutions and to enforce all orders and rules.

12         Section 37.  Subsections (2), (3), and (5) of section

13  944.095, Florida Statutes, are amended to read:

14         944.095  Siting of additional correctional facilities;

15  procedure.--

16         (2)  When the department proposes a site for a state

17  correctional facility, it shall request that the local

18  government having jurisdiction over such proposed site

19  determine whether or not the proposed site is in compliance

20  with local government comprehensive plans, local land use

21  ordinances, local zoning ordinances or regulations, and other

22  local ordinances in effect at the time of such request.  If no

23  such determination is made within 90 days after of the

24  request, it shall be presumed that the proposed site is in

25  compliance with such plans, ordinances, or regulations.

26         (3)  If the local government determines within 90 days

27  after of the request that construction of a correctional

28  facility on the proposed site does not comply with any such

29  plan, ordinance, or regulation, the department may request a

30  modification of such plan, ordinance, or regulation without

31  having an ownership interest in such property.  For the

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  1  purposes of this section, modification includes, but is not

  2  limited to, a variance, rezoning, special exception, or any

  3  other action of the local government having jurisdiction over

  4  the proposed site which would authorize siting of a

  5  correctional facility.

  6         (5)  When the department requests such a modification

  7  and it is denied by the local government or there is no action

  8  on such request within 90 days after of the request, the

  9  department may appeal the decision of the local government on

10  the requested modification of local plans, ordinances, or

11  regulations to the Governor and Cabinet.

12         Section 38.  Subsections (5), (6), and (7) of section

13  944.10, Florida Statutes, are amended to read:

14         944.10  Department of Corrections to provide buildings;

15  sale and purchase of land; contracts to provide services and

16  inmate labor.--

17         (5)  The department may sell, to the best possible

18  advantage, any or all detached parcels of land belonging to

19  the bodies of land purchased for the state prisons

20  correctional institutions. The department is authorized to

21  purchase any contiguous parcels of land within the boundary

22  lines of the lands purchased for state prisons correctional

23  institutions.

24         (6)  The department is authorized to begin preliminary

25  site preparation and obtain the appropriate permits with

26  regard to the construction of state prisons correctional

27  institutions after approval by the Board of Trustees of the

28  Internal Improvement Trust Fund of the purchase agreement or

29  option agreement if, in the department's discretion,

30  commencing construction is in the best interests of the state.

31

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  1         (7)  The department may enter into contracts with

  2  federal, state, or local governmental entities or subdivisions

  3  to provide services and inmate labor for the construction of

  4  buildings, parks, roads, any correctional detention or

  5  commitment facilities, or any other project deemed to be

  6  appropriate by the Department of Corrections, which includes

  7  site acquisition or preparation, management, or construction

  8  of such projects. The department may charge fees for providing

  9  such services. All fees collected must be placed in the

10  Correctional Work Program Trust Fund.

11         Section 39.  Section 944.11, Florida Statutes, is

12  amended to read:

13         944.11  Department to regulate admission of books.--

14         (1)  The department shall regulate the admission of

15  educational and other reading matter within the state prisons

16  institutions for the use of the prisoners, and for the proper

17  observance of days of religious significance within the

18  prisons institutions and for the proper instruction of the

19  prisoners in their basic moral and religious duties.

20         (2)  The department shall have the authority to

21  prohibit admission of reading materials or publications with

22  content which depicts sexual conduct as defined by s. 847.001

23  or presents nudity in such a way as to create the appearance

24  that sexual conduct is imminent.  The department shall have

25  the authority to prohibit admission of such materials at a

26  particular state prison correctional facility upon a

27  determination by the department that such material or

28  publications would be detrimental to the safety, security,

29  order, or rehabilitative interests of a particular state

30  prison correctional facility or would create a risk of

31  disorder at a particular state prison correctional facility.

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  1         Section 40.  Paragraphs (c) and (e) of subsection (2)

  2  of section 944.115, Florida Statutes, are amended to read:

  3         944.115  Smoking prohibited inside state correctional

  4  facilities.--

  5         (2)  As used in this section, the term:

  6         (c)  "State correctional facility" means a state prison

  7  or privately operated correctional institution as defined in

  8  s. 944.02, or a prison correctional institution or facility

  9  operated under s. 944.105 or chapter 957.

10         (e)  "Visitor" means any person other than an inmate or

11  employee who is within a state correctional facility for a

12  lawful purpose and includes, but is not limited to, persons

13  who are authorized to visit state prisons correctional

14  institutions pursuant to s. 944.23 and persons authorized to

15  visit as prescribed by departmental rule or vendor policy.

16         Section 41.  Section 944.14, Florida Statutes, is

17  amended to read:

18         944.14  Supervision of prisons correctional

19  institutions; enforcement of orders and regulations.--Subject

20  to the orders, policies, and regulations established by the

21  department, it shall be the duty of the wardens to supervise

22  the government, discipline, and policy of the state prisons

23  correctional institutions, and to enforce all orders, rules

24  and regulations.

25         Section 42.  Section 944.151, Florida Statutes, is

26  amended to read:

27         944.151  Security of prisons and correctional

28  facilities institutions; legislative intent; periodic physical

29  inspection of facilities; security audits; reports of security

30  audits; procedures in the event of escapes; annual budget

31  request.--It is the intent of the Legislature that the

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  1  Department of Corrections shall be responsible for the

  2  security of the prisons and correctional institutions and

  3  facilities. The security of the state's prisons and

  4  correctional institutions and facilities is critical to ensure

  5  public safety and to contain violent and chronic offenders

  6  until offenders are otherwise released from the department's

  7  custody pursuant to law.  The Secretary of Corrections shall,

  8  at a minimum:

  9         (1)  Appoint a security review committee which shall,

10  at a minimum, be composed of:  the inspector general, the

11  statewide security coordinator, the regional security

12  coordinators, and three wardens and one correctional officer.

13  The security review committee shall:

14         (a)  Establish a periodic schedule for the physical

15  inspection of buildings and structures of each state and

16  private prison correctional institution to determine security

17  deficiencies.  In scheduling the inspections, priority shall

18  be given to older prisons institutions, prisons institutions

19  that house a large proportion of violent offenders, and

20  prisons institutions that have experienced a significant

21  number of escapes or escape attempts in the past.

22         (b)  Conduct or cause to be conducted announced and

23  unannounced comprehensive security audits of all state and

24  private prisons correctional institutions.  In conducting the

25  security audits, priority shall be given to older prisons

26  institutions, prisons institutions that house a large

27  proportion of violent offenders, and prisons institutions that

28  have experienced a history of escapes or escape attempts.  At

29  a minimum, the audit shall include an evaluation of the

30  physical plant, landscaping, fencing, security alarms and

31  perimeter lighting, and inmate classification and staffing

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  1  policies.  Each prison correctional institution shall be

  2  audited at least annually.  The secretary shall report the

  3  general survey findings annually to the Governor and the

  4  Legislature.

  5         (c)  Adopt and enforce minimum security standards and

  6  policies that include, but are not limited to:

  7         1.  Random monitoring of outgoing telephone calls by

  8  inmates.

  9         2.  Maintenance of current photographs of all inmates.

10         3.  Daily inmate counts at varied intervals.

11         4.  Use of canine units, where appropriate.

12         5.  Use of escape alarms and perimeter lighting.

13         6.  Florida Crime Information Center/National Crime

14  Information Center capabilities.

15         7.  Employment background investigations.

16         (d)  Annually make written prioritized budget

17  recommendations to the secretary that identify critical

18  security deficiencies at major prisons correctional

19  institutions.

20         (e)  Investigate and evaluate the usefulness and

21  dependability of existing security technology at the prisons

22  institutions and new technology available and make periodic

23  written recommendations to the secretary on the

24  discontinuation or purchase of various security devices.

25         (f)  Contract, if deemed necessary, with security

26  personnel, consulting engineers, architects, or other security

27  experts the committee deems necessary for security audits and

28  security consultant services.

29         (g)  Establish a periodic schedule for conducting

30  announced and unannounced escape simulation drills.

31

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  1         (2)  Maintain and produce quarterly reports with

  2  accurate escape statistics.  For the purposes of these

  3  reports, "escape" includes all possible types of escape,

  4  regardless of prosecution by the state attorney, and including

  5  offenders who walk away from nonsecure community facilities.

  6         (3)  Adopt, enforce, and annually evaluate the

  7  emergency escape response procedures, which shall at a minimum

  8  include the immediate notification and inclusion of local and

  9  state law enforcement through a mutual aid agreement.

10         (4)  Submit in the annual legislative budget request a

11  prioritized summary of critical repair and renovation security

12  needs.

13         Section 43.  Subsections (2) and (7) of section 944.17,

14  Florida Statutes, are amended to read:

15         944.17  Commitments and classification; transfers.--

16         (2)  Each prisoner committed to the custody of the

17  department shall be conveyed to such prison institution,

18  facility, or program in the correctional system as the

19  department shall direct, in accordance with its classification

20  scheme.

21         (7)  Pursuant to such regulations as it may provide,

22  the department may transfer prisoners from one prison

23  institution to another prison institution in the correctional

24  system and classify and reclassify prisoners as circumstances

25  may require.

26         Section 44.  Paragraphs (c) and (d) of subsection (3)

27  of section 944.1905, Florida Statutes, are amended to read:

28         944.1905  Initial inmate classification; inmate

29  reclassification.--The Department of Corrections shall

30  classify inmates pursuant to an objective classification

31  scheme. The initial inmate classification questionnaire and

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  1  the inmate reclassification questionnaire must cover both

  2  aggravating and mitigating factors.

  3         (3)  Points may be deducted from the inmate's overall

  4  score on the inmate reclassification questionnaire for

  5  continuous positive behavior. Continuous positive behavior may

  6  include:

  7         (c)  Above-average behavior or progress on work squads

  8  outside the perimeter of the prison institution; or

  9         (d)  Above-average behavior or progress in any

10  employment inside the perimeter of the prison institution.

11         Section 45.  Section 944.23, Florida Statutes, is

12  amended to read:

13         944.23  Persons authorized to visit state prisons.--The

14  following persons shall be authorized to visit at their

15  pleasure all state prisons correctional institutions:  The

16  Governor, all Cabinet members, members of the Legislature,

17  judges of state courts, state attorneys, public defenders, and

18  authorized representatives of the commission.  No other person

19  not otherwise authorized by law shall be permitted to enter a

20  state prison correctional institution except under such

21  regulations as the department may prescribe.  Permission shall

22  not be unreasonably withheld from those who give sufficient

23  evidence to the department that they are bona fide reporters

24  or writers.

25         Section 46.  Section 944.24, Florida Statutes, is

26  amended to read:

27         944.24  Administration of prisons correctional

28  institutions for women.--

29         (1)  This section may be cited as the "Corrections

30  Equality Act."

31

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  1         (2)  All regularly employed assistants, officers, and

  2  employees whose duties bring them into contact with the

  3  inmates of the prison institution shall be women as far as

  4  practicable.

  5         (3)  Women inmates shall have access to programs of

  6  education, vocational training, rehabilitation, and substance

  7  abuse treatment that are equivalent to those programs which

  8  are provided for male inmates.  The department shall ensure

  9  that women inmates are given opportunities for exercise,

10  recreation, and visitation privileges according to the same

11  standards as those privileges are provided for men. Women

12  inmates shall be given opportunities to participate in

13  work-release programs which are comparable to the

14  opportunities provided for male inmates and shall be eligible

15  for early release according to the same standards and

16  procedures under which male inmates are eligible for early

17  release.

18         (4)  The department shall continue to provide prenatal

19  care and such medical treatment as determined by the Assistant

20  Secretary for Health Services for an inmate who is pregnant.

21         (5)  An inmate who is pregnant shall be provided with

22  prenatal care and medical treatment for the duration of her

23  pregnancy.  The department shall ensure that a pregnant inmate

24  receives supplemental food and clothing and is excused from

25  inappropriate work assignments.  An inmate shall be

26  transferred to a hospital outside the prison grounds if a

27  condition develops which is beyond the scope and capabilities

28  of the prison's medical facilities.

29         (6)  Any woman inmate who gives birth to a child during

30  her term of imprisonment may be temporarily taken to a

31  hospital outside the prison for the purpose of childbirth, and

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  1  the charge for hospital and medical care shall be charged

  2  against the funds allocated to the prison institution.  The

  3  department shall provide for the care of any child so born and

  4  shall pay for the child's care until the child is suitably

  5  placed outside the prison system.

  6         Section 47.  Subsection (1) of section 944.279, Florida

  7  Statutes, is amended to read:

  8         944.279  Disciplinary procedures applicable to prisoner

  9  for filing frivolous or malicious actions or bringing false

10  information before court.--

11         (1)  At any time, and upon its own motion or on motion

12  of a party, a court may conduct an inquiry into whether any

13  action or appeal brought by a prisoner was brought in good

14  faith.  A prisoner who is found by a court to have brought a

15  frivolous or malicious suit, action, claim, proceeding, or

16  appeal in any court of this state or in any federal court,

17  which is filed after June 30, 1996, or who knowingly or with

18  reckless disregard for the truth brought false information or

19  evidence before the court, is subject to disciplinary

20  procedures pursuant to the rules of the Department of

21  Corrections. The court shall issue a written finding and

22  direct that a certified copy be forwarded to the appropriate

23  prison institution or facility for disciplinary procedures

24  pursuant to the rules of the department as provided in s.

25  944.09.

26         Section 48.  Paragraphs (a) and (c) of subsection (2)

27  of section 944.28, Florida Statutes, are amended to read:

28         944.28  Forfeiture of gain-time and the right to earn

29  gain-time in the future.--

30         (2)(a)  All or any part of the gain-time earned by a

31  prisoner according to the provisions of law is subject to

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  1  forfeiture if such prisoner unsuccessfully attempts to escape;

  2  assaults another person; threatens or knowingly endangers the

  3  life or person of another person; refuses by action or word to

  4  carry out any instruction duly given to him or her; neglects

  5  to perform in a faithful, diligent, industrious, orderly, and

  6  peaceful manner the work, duties, and tasks assigned to him or

  7  her; is found by a court to have brought a frivolous suit,

  8  action, claim, proceeding, or appeal in any court; is found by

  9  a court to have knowingly or with reckless disregard for the

10  truth brought false information or evidence before the court;

11  or violates any law of the state or any rule or regulation of

12  the department or prison institution.

13         (c)  The method of declaring a forfeiture under

14  paragraph (a) or paragraph (b) shall be as follows:  A written

15  charge shall be prepared, which shall specify each instance of

16  misconduct upon which it is based and the approximate date

17  thereof.  A copy of such charge shall be delivered to the

18  prisoner, and he or she shall be given notice of a hearing

19  before the disciplinary committee created under the

20  authorization of rules heretofore or hereafter adopted by the

21  department for the prison institution in which he or she is

22  confined.  The prisoner shall be present at the hearing.  If

23  at such hearing the prisoner pleads guilty to the charge or if

24  the committee determines that the prisoner is guilty thereof

25  upon the basis of proof presented at such hearing, it shall

26  find him or her guilty.  If the committee considers that all

27  or part of the prisoner's gain-time and the prisoner's right

28  to earn gain-time during all or any part of the sentence or

29  sentences under which he or she is imprisoned shall be

30  forfeited, it shall so recommend in its written report. Such

31  report shall be presented to the warden of the prison

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  1  institution, who may approve such recommendation in whole or

  2  in part by endorsing such approval on the report.  In the

  3  event of approval, the warden shall forward the report to the

  4  department. Thereupon, the department may, in its discretion,

  5  declare the forfeiture thus approved by the warden or any

  6  specified part thereof.

  7         Section 49.  Section 944.281, Florida Statutes, is

  8  amended to read:

  9         944.281  Ineligibility to earn gain-time due to

10  disciplinary action.--The department may declare that a

11  prisoner who commits a violation of any law of the state or

12  rule or regulation of the department or prison institution on

13  or after January 1, 1996, and who is found guilty pursuant to

14  s. 944.28(2), shall not be eligible to earn incentive

15  gain-time for up to 6 months following the month in which the

16  violation occurred. The department shall adopt rules to

17  administer the provisions of this section.

18         Section 50.  Subsection (2) of section 944.291, Florida

19  Statutes, is amended to read:

20         944.291  Prisoner released by reason of gain-time

21  allowances or attainment of provisional release date.--

22         (2)  Any prisoner who is convicted of a crime committed

23  on or after October 1, 1988, which crime is contained in

24  category 1, category 2, category 3, or category 4 of Rule

25  3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and

26  who has served at least one prior felony commitment at a state

27  prison or federal correctional institution, or is sentenced as

28  a habitual or violent habitual offender pursuant to s.

29  775.084, may only be released under conditional release

30  supervision as described in chapter 947. Not fewer than 90

31  days prior to the tentative release date or provisional

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  1  release date, whichever is earlier, the department shall

  2  provide the commission with the name and inmate identification

  3  number for each eligible inmate.

  4         Section 51.  Section 944.31, Florida Statutes, is

  5  amended to read:

  6         944.31  Inspector general; inspectors; power and

  7  duties.--The inspector general shall be responsible for prison

  8  inspection and investigation, internal affairs investigations,

  9  and management reviews. The office of the inspector general

10  shall be charged with the duty of inspecting the penal and

11  correctional systems of the state. The office of the inspector

12  general shall inspect each prison correctional institution or

13  any place in which state prisoners are housed, worked, or kept

14  within the state, with reference to its physical conditions,

15  cleanliness, sanitation, safety, and comfort; the quality and

16  supply of all bedding; the quality, quantity, and diversity of

17  food served and the manner in which it is served; the number

18  and condition of the prisoners confined therein; and the

19  general conditions of each prison institution. The office of

20  inspector general shall see that all the rules and regulations

21  issued by the department are strictly observed and followed by

22  all persons connected with the correctional systems of the

23  state.  The office of the inspector general shall coordinate

24  and supervise the work of inspectors throughout the state. The

25  inspector general and inspectors may enter any place where

26  prisoners in this state are kept and shall be immediately

27  admitted to such place as they desire and may consult and

28  confer with any prisoner privately and without molestation.

29  The inspector general and inspectors shall be responsible for

30  criminal and administrative investigation of matters relating

31  to the Department of Corrections. In such investigations, the

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  1  inspector general and inspectors may consult and confer with

  2  any prisoner or staff member privately and without molestation

  3  and shall have the authority to detain any person for

  4  violations of the criminal laws of the state. Such detention

  5  shall be made only on properties owned or leased by the

  6  department, and the detained person shall be surrendered

  7  without delay to the sheriff of the county in which the

  8  detention is made, with a formal complaint subsequently made

  9  against her or him in accordance with law.

10         Section 52.  Section 944.32, Florida Statutes, is

11  amended to read:

12         944.32  Reports of prison inspectors; recordation;

13  inspection.--Upon completing an inspection of a prison

14  correctional institution the inspector shall make a full and

15  complete report on such forms as shall be provided by the

16  department.  One copy of each report shall be filed with the

17  department, one copy shall be sent to the officer in charge of

18  the prison correctional institution, and as many other copies

19  as the department shall require; these reports shall be

20  matters of public record and subject to inspection by the

21  public at any time.

22         Section 53.  Section 944.39, Florida Statutes, is

23  amended to read:

24         944.39  Interference with prisoners; penalty.--Any

25  person who, without authority, interferes with or in any way

26  interrupts the work of any prisoner under the custody of the

27  department or who in any way interferes with the discipline or

28  good conduct of any prisoner shall be guilty of a misdemeanor

29  of the second degree, punishable as provided in s. 775.082 or

30  s. 775.083.  No person shall, by disguise, misrepresentation

31  of identity or other illicit means, attempt to gain admission

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  1  to or enter upon the grounds of any state prison correctional

  2  institution for the purpose of visiting any prisoner in

  3  violation of the general visiting policy adopted by the

  4  department. A person, upon conviction of an offense as

  5  outlined in this section, shall be guilty of a misdemeanor of

  6  the second degree, punishable as provided in s. 775.082 or s.

  7  775.083.  Any peace officer or any correctional officer of the

  8  department or any prison inspector or any employee of the

  9  department may arrest without warrant any person violating the

10  provisions of this section.

11         Section 54.  Section 944.402, Florida Statutes, is

12  amended to read:

13         944.402  Reward for capture of escapee from prison

14  correctional institution.--The warden of a state prison

15  correctional institution may pay a reward in an amount not

16  greater than $100 from institutional funds to each person who

17  is directly responsible for the capture of an inmate who has

18  escaped from the prison institution.  The warden of the prison

19  institution from which the inmate escaped shall determine the

20  amount of the reward. Employees of state, county, and

21  municipal law enforcement or correctional agencies who are

22  engaged in the apprehension, detection, or detention of

23  prisoners are not eligible to receive such rewards.

24         Section 55.  Section 944.44, Florida Statutes, is

25  amended to read:

26         944.44  Holding persons as hostages; penalty.--Any

27  prisoner who holds as hostage any person within any prison

28  correctional institution or anywhere while under the

29  jurisdiction of the department, or who by force, or threat of

30  force holds any person or persons against their will in

31  defiance of official orders, shall be guilty of a felony of

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  1  the second degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084.

  3         Section 56.  Section 944.45, Florida Statutes, is

  4  amended to read:

  5         944.45  Mutiny, riot, strike; penalty.--Whoever

  6  instigates, contrives, willfully attempts to cause, assists,

  7  or conspires to cause any mutiny, riot, or strike in defiance

  8  of official orders, in any state prison correctional

  9  institution, shall be guilty of a felony of the second degree,

10  punishable as provided in s. 775.082, s. 775.083, or s.

11  775.084.

12         Section 57.  Section 944.46, Florida Statutes, is

13  amended to read:

14         944.46  Harboring, concealing, aiding escaped

15  prisoners; penalty.--Whoever harbors, conceals, maintains, or

16  assists, or gives any other aid to any prisoner after his or

17  her escape from any state prison correctional institution,

18  knowing that he or she is an escaped prisoner, shall be guilty

19  of a felony of the third degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         Section 58.  Subsection (1) of section 944.47, Florida

22  Statutes, is amended to read:

23         944.47  Introduction, removal, or possession of certain

24  articles unlawful; penalty.--

25         (1)(a)  Except through regular channels as authorized

26  by the officer in charge of the prison correctional

27  institution, it is unlawful to introduce into or upon the

28  grounds of any state prison correctional institution, or to

29  take or attempt to take or send or attempt to send therefrom,

30  any of the following articles which are hereby declared to be

31  contraband for the purposes of this section, to wit:

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  1         1.  Any written or recorded communication or any

  2  currency or coin given or transmitted, or intended to be given

  3  or transmitted, to any inmate of any state prison correctional

  4  institution.

  5         2.  Any article of food or clothing given or

  6  transmitted, or intended to be given or transmitted, to any

  7  inmate of any state prison correctional institution.

  8         3.  Any intoxicating beverage or beverage which causes

  9  or may cause an intoxicating effect.

10         4.  Any controlled substance as defined in s. 893.02(4)

11  or any prescription or nonprescription drug having a hypnotic,

12  stimulating, or depressing effect.

13         5.  Any firearm or weapon of any kind or any explosive

14  substance.

15         (b)  It is unlawful to transmit or attempt to transmit

16  to, or cause or attempt to cause to be transmitted to or

17  received by, any inmate of any state prison correctional

18  institution any article or thing declared by this subsection

19  to be contraband, at any place which is outside the grounds of

20  such prison institution, except through regular channels as

21  authorized by the officer in charge of such prison

22  correctional institution.

23         (c)  It is unlawful for any inmate of any state prison

24  correctional institution or any person while upon the grounds

25  of any state prison correctional institution to be in actual

26  or constructive possession of any article or thing declared by

27  this section to be contraband, except as authorized by the

28  officer in charge of such prison correctional institution.

29         Section 59.  Paragraph (c) of subsection (1) of section

30  944.472, Florida Statutes, is amended to read:

31

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  1         944.472  Drug-free corrections; legislative findings

  2  and purposes.--

  3         (1)  FINDINGS.--The Legislature finds that:

  4         (c)  Certain substance abuse testing standards are

  5  necessary to ensure uniform and economical application of

  6  policy throughout the state's prisons institutions and to

  7  protect both inmates and employers participating in random and

  8  reasonable suspicion substance abuse testing programs.

  9         Section 60.  Section 944.516, Florida Statutes, is

10  amended to read:

11         944.516  Money or other property received for personal

12  use or benefit of inmate; deposit; disposition of unclaimed

13  trust funds.--The Department of Corrections shall protect the

14  financial interest of the state with respect to claims which

15  the state may have against inmates in state prisons

16  institutions under its supervision and control and shall

17  administer money and other property received for the personal

18  benefit of such inmates.  In carrying out the provisions of

19  this section, the department may delegate any of its

20  enumerated powers and duties affecting inmates of a prison an

21  institution to the warden or regional director who shall

22  personally, or through designated employees of his or her

23  personal staff under his or her direct supervision, exercise

24  such powers or perform such duties.

25         (1)  The Department of Corrections may:

26         (a)  Accept and administer as a trust any money or

27  other property received for the personal use or benefit of any

28  inmate.

29         (b)  Deposit money so received in banks qualified as

30  state depositories.

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  1         (c)  Withdraw any such money and use it to meet the

  2  current needs of the inmate as they may exist from time to

  3  time.

  4         (d)  As trustee, invest in the manner authorized by law

  5  for fiduciaries such moneys not required to be used for

  6  current needs of the inmate.

  7         (e)  Commingle such moneys for the purpose of deposit

  8  or investment.

  9         (f)  Use interest earned from investments to replace

10  any funds belonging to an inmate which have been stolen, lost,

11  or otherwise misappropriated from the inmate's trust account

12  through no fault of the state and which cannot be replaced by

13  appropriated funds, insurance payments, or other available

14  resources.  Such use of interest may be made only if, pursuant

15  to a thorough investigation as part of the normal auditing

16  process, the internal auditor of the department recommends in

17  a written report that such use is appropriate.  The report may

18  also recommend other action, including prosecution, with

19  respect to any missing funds.  If the internal auditor of the

20  department concludes that the department is at fault, the loss

21  shall be replaced out of department funds; interest from the

22  inmate trust fund may not be used to replace such loss.

23         (g)  Establish, by rule, a limit on each inmate's trust

24  account, including the interest earned thereon, and deduct

25  from any moneys in the inmate's trust account exceeding that

26  limit moneys sufficient to pay for the cost of postage of any

27  mail sent by the inmate which postage the state is not

28  constitutionally required to pay.

29         (2)  The department shall require documentation through

30  an accounting of receipts for expenditures by inmates placed

31  on extended limits of confinement pursuant to s. 945.091.

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  1  However, the department may allow such inmates an amount up to

  2  $25 per week which may not require documentation and which may

  3  be used for discretionary needs.  The $25 per week may be

  4  increased by $5 biennially, beginning in fiscal year

  5  1985-1986, up to a total of $50.

  6         (3)  Moneys received by the department in payment of

  7  claims of the state against inmates shall be transmitted to

  8  the Treasurer for deposit into the General Revenue Fund.

  9         (4)  Upon the death of any inmate in a prison an

10  institution affected by the provisions of this section, any

11  unclaimed money held for the inmate in trust by the department

12  or by the Treasurer shall be applied first to the payment of

13  any unpaid state claim against the inmate, and any balance

14  remaining unclaimed for a period of 1 year shall escheat to

15  the state as unclaimed funds held by fiduciaries.

16         (5)  When an inmate is transferred between department

17  facilities, is released from the custody of the department,

18  dies, or escapes during incarceration, and the inmate has an

19  unexpended inmate trust fund account balance of less than $1,

20  that balance shall be transferred to the Inmate Welfare Trust

21  Fund.

22         Section 61.  Section 944.611, Florida Statutes, is

23  amended to read:

24         944.611  Legislative intent.--The Legislature finds and

25  declares that:

26         (1)  It is desirable that each inmate be confined in

27  and released from a prison an institution or facility as close

28  to the inmate's permanent residence or county of commitment as

29  possible, in order to lessen the transportation expense to the

30  public.

31         (2)  It is the intent of the Legislature that:

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  1         (a)  To the extent possible, an inmate be returned,

  2  upon release, to the same area from which the inmate was

  3  committed.

  4         (b)  An inmate being released from a community

  5  work-release center program is not eligible for the provision

  6  of transportation.

  7         (c)  Transportation provided for an eligible inmate

  8  upon release shall be to one of the following points:

  9         1.  The county where parole placement has been approved

10  and supervision is to commence.

11         2.  Another state.

12         3.  The county of employment within the state.

13         4.  The county of legal residence within the state.

14         5.  The county of original commitment within the state.

15         (d)  Each releasee who is eligible for the provision of

16  transportation shall be escorted to the site of embarkation by

17  an officer of the prison or correctional facility, who shall

18  remain until the releasee has departed.

19         Section 62.  Subsection (2) of section 944.613, Florida

20  Statutes, is amended to read:

21         944.613  Methods of transportation.--

22         (2)  FLORIDA RELEASEE.--In instances when a releasee

23  remains in this state but leaves the county where the prison

24  correctional institution or facility of her or his confinement

25  is located, transportation shall be provided by common carrier

26  using the most economical means. Transportation as authorized

27  herein shall be furnished by nonnegotiable travel voucher

28  payable to the common carrier being utilized, and in no event

29  shall there be any cash disbursement to the releasee or any

30  person, firm, or corporation. Such travel voucher is to be

31  utilized immediately by the releasee. The source of any

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  1  private transportation must be a family member or friend whose

  2  purpose is to immediately transport the releasee to the

  3  approved location pursuant to s. 944.611 section 1.

  4         Section 63.  Section 944.704, Florida Statutes, is

  5  amended to read:

  6         944.704  Staff who provide transition assistance;

  7  duties.--The department shall provide a transition assistance

  8  officer at major prisons institutions whose duties include,

  9  but are not limited to:

10         (1)  Coordinating delivery of transition assistance

11  program services at the prison institution.

12         (2)  Assisting in the development of each inmate's

13  postrelease plan.

14         (3)  Obtaining job placement information for

15  transmittal to the Department of Labor and Employment

16  Security.

17         (4)  Providing a photo identification card to all

18  inmates prior to their release.

19         Section 64.  Section 944.711, Florida Statutes, is

20  amended to read:

21         944.711  Requests for proposals.--The department shall

22  develop a request for proposals to construct or construct and

23  operate a single-cell prototype prison institution or any

24  facility of the department specified in s. 945.025.

25  Competitive proposals shall be solicited by the department

26  pursuant to chapter 287.

27         Section 65.  Subsection (1), paragraphs (c), (d), (g),

28  (h), and (i) of subsection (3), and subsection (5) of section

29  944.801, Florida Statutes, are amended to read:

30         944.801  Education for state prisoners.--

31

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  1         (1)  There is hereby established under the Department

  2  of Corrections a Correctional Education Program which shall be

  3  composed of the educational facilities and services of all

  4  prisons institutions and facilities housing inmates operated

  5  by the Department of Corrections and shall be supervised by

  6  the Department of Corrections.

  7         (3)  The responsibilities of the Correctional Education

  8  Program shall be to:

  9         (c)  In cooperation with the Department of Education,

10  pursuant to s. 229.8075, develop complete and reliable

11  statistics on the educational histories, the city/intracity

12  area and school district where the inmate was domiciled prior

13  to incarceration, the participation in state educational and

14  training programs, and the occupations of inmates confined to

15  state prisons correctional facilities.  The compiled

16  statistics shall be summarized and analyzed in the annual

17  report of correctional educational activities required by

18  paragraph (f).

19         (d)  Approve educational programs of the appropriate

20  levels and types in the prisons correctional institutions and

21  develop procedures for the admission of inmate students

22  thereto.

23         (g)  Develop and maintain complete and reliable

24  statistics on the number of general educational development

25  (GED) certificates and vocational certificates issued by each

26  prison institution in each skill area, the change in inmate

27  literacy levels, and the number of inmate admissions to and

28  withdrawals from education courses.  The compiled statistics

29  shall be summarized and analyzed in the annual report of

30  correctional education activities required by paragraph (f).

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  1         (h)  Develop a written procedure for selecting programs

  2  to add to or delete from the vocational curriculum.  The

  3  procedure shall include labor market analyses which

  4  demonstrate the projected demand for certain occupations and

  5  the projected supply of potential employees.  In conducting

  6  these analyses, the department shall evaluate the feasibility

  7  of adding vocational education programs which have been

  8  identified by the Department of Labor and Employment Security

  9  or a regional coordinating council as being in undersupply in

10  this state. The department shall periodically reevaluate the

11  vocational education programs in major prisons institutions to

12  determine which of the programs support and provide relevant

13  skills to inmates who could be assigned to a correctional work

14  program that is operated as a Prison Industry Enhancement

15  Program.

16         (i)  Ensure that every inmate who has 2 years or more

17  remaining to serve on his or her sentence at the time that he

18  or she is received at a prison an institution and who lacks

19  basic and functional literacy skills as defined in s. 239.105

20  attends not fewer than 150 hours of sequential instruction in

21  a correctional adult basic education program.  The basic and

22  functional literacy level of an inmate shall be determined by

23  the average composite test score obtained on a test approved

24  for this purpose by the State Board of Education.

25         1.  Upon completion of the 150 hours of instruction,

26  the inmate shall be retested and, if a composite test score of

27  functional literacy is not attained, the department is

28  authorized to require the inmate to remain in the

29  instructional program.

30

31

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  1         2.  Highest priority of inmate participation shall be

  2  focused on youthful offenders and those inmates nearing

  3  release from the correctional system.

  4         3.  An inmate shall be required to attend the 150 hours

  5  of adult basic education instruction unless such inmate:

  6         a.  Is serving a life sentence or is under sentence of

  7  death.

  8         b.  Is specifically exempted for security or health

  9  reasons.

10         c.  Is housed at a work release community correctional

11  center, road prison, work camp, or vocational center.

12         d.  Attains a functional literacy level after

13  attendance in fewer than 150 hours of adult basic education

14  instruction.

15         e.  Is unable to enter such instruction because of

16  insufficient facilities, staff, or classroom capacity.

17         4.  The Department of Corrections shall provide classes

18  to accommodate those inmates assigned to correctional or

19  public work programs after normal working hours. The

20  department shall develop a plan to provide academic and

21  vocational classes on a more frequent basis and at times that

22  accommodate the increasing number of inmates with work

23  assignments, to the extent that resources permit.

24         5.  If an inmate attends and actively participates in

25  the 150 hours of instruction, the Department of Corrections

26  may grant a one-time award of up to 6 additional days of

27  incentive gain-time, which must be credited and applied as

28  provided by law.  Active participation means, at a minimum,

29  that the inmate is attentive, responsive, cooperative, and

30  completes assigned work.

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  1         (5)  Notwithstanding s. 120.81(3), all inmates under 22

  2  years of age who qualify for special educational services and

  3  programs pursuant to the Individuals with Disabilities

  4  Education Act, 20 U.S.C. ss. 1400 et seq., and who request a

  5  due process hearing as provided by that act shall be entitled

  6  to such hearing before the Division of Administrative

  7  Hearings.  Administrative law judges shall not be required to

  8  travel to state or private prisons correctional institutions

  9  and facilities in order to conduct these hearings.

10         Section 66.  Subsection (1) and paragraph (d) of

11  subsection (2) of section 944.803, Florida Statutes, are

12  amended to read:

13         944.803  Faith-based programs for inmates.--

14         (1)  The Legislature finds and declares that

15  faith-based programs offered in state prisons and private

16  correctional institutions and facilities have the potential to

17  facilitate inmate institutional adjustment, help inmates

18  assume personal responsibility, and reduce recidivism.

19         (2)  It is the intent of the Legislature that the

20  Department of Corrections and the private vendors operating

21  private correctional facilities shall continuously:

22         (d)  Fund through the use of inmate welfare trust funds

23  pursuant to s. 945.215 an adequate number of chaplains and

24  support staff to operate faith-based programs in prisons

25  correctional institutions.

26         Section 67.  Paragraphs (a) and (e) of subsection (1)

27  and subsection (3) of section 945.025, Florida Statutes, are

28  amended to read:

29         945.025  Jurisdiction of department.--

30         (1)  The Department of Corrections shall have

31  supervisory and protective care, custody, and control of the

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  1  inmates, buildings, grounds, property, and all other matters

  2  pertaining to the following facilities and programs for the

  3  imprisonment, correction, and rehabilitation of adult

  4  offenders:

  5         (a)  Department of Corrections adult prisons

  6  correctional institutions;

  7         (e)  Department of Corrections work release community

  8  correctional centers;

  9         (3)  There shall be other correctional facilities,

10  including detention facilities of varying levels of security,

11  work release centers facilities, and community correctional

12  facilities, halfway houses, and other approved community

13  residential and nonresidential facilities and programs.;

14  However, an no adult prison correctional facility may not be

15  established by changing the use and purpose of any mental

16  health facility or mental health institution under the

17  jurisdiction of any state agency or department without

18  authorization in the General Appropriations Appropriation Act

19  or other approval by the Legislature.  Any facility the

20  purpose and use of which was changed subsequent to January 1,

21  1975, shall be returned to its original use and purpose by

22  July 1, 1977.  However, the G. Pierce Wood Memorial Hospital

23  located at Arcadia, DeSoto County, may not be converted into a

24  prison correctional facility as long as such hospital is in

25  use as a state mental health hospital.  Any community

26  residential facility may be deemed a part of the state

27  correctional system for purposes of maintaining custody of

28  offenders, and for this purpose the department may contract

29  for and purchase the services of such facilities.

30         Section 68.  Paragraph (c) of subsection (1) of section

31  945.0311, Florida Statutes, is amended to read:

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  1         945.0311  Employment of relatives.--

  2         (1)  For the purposes of this section, the term:

  3         (c)  "Organizational unit" includes:

  4         1.  A unit of a state prison correctional institution

  5  such as security, medical, dental, classification,

  6  maintenance, personnel, or business.  A work camp, boot camp,

  7  or other annex of a state prison correctional institution is

  8  considered part of the prison institution and not a separate

  9  unit.

10         2.  An area of a regional office such as personnel,

11  medical, administrative services, probation and parole, or

12  community facilities.

13         3.  A correctional work center, road prison, or work

14  release center.

15         4.  A probation and parole circuit office or a

16  suboffice within a circuit.

17         5.  A bureau of the Office of the Secretary or of any

18  of the assistant secretaries.

19         Section 69.  Subsection (1) of section 945.043, Florida

20  Statutes, is amended to read:

21         945.043  Department-operated day care services.--

22         (1)  The department shall have the authority to

23  establish and operate child care services for department

24  employees.  Child care enhances the department's ability to

25  recruit and retain employees in remote or understaffed areas.

26  Child care centers must be located on or adjacent to the

27  grounds of a prison an institution or facility, and must be

28  located outside the grounds of the compound area where inmates

29  are housed.  Individuals utilizing the child care services are

30  not limited to employees of the department.  Employees of

31  other state agencies may also utilize department-operated day

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  1  care centers. Furthermore, individual day care centers may

  2  enter into consortium agreements with their local city or

  3  county governments or the Federal Government, permitting

  4  centers to admit the children of those city, county, and

  5  Federal Government employees.  Employees and other individuals

  6  who utilize the child care services shall be charged a fee for

  7  such services.

  8         Section 70.  Paragraphs (a) and (b) of subsection (1)

  9  and paragraph (b) of subsection (8) of section 945.091,

10  Florida Statutes, are amended to read:

11         945.091  Extension of the limits of confinement;

12  restitution by employed inmates.--

13         (1)  The department is authorized to adopt regulations

14  permitting the extension of the limits of the place of

15  confinement of an inmate as to whom there is reasonable cause

16  to believe that the inmate will honor his or her trust by

17  authorizing the inmate, under prescribed conditions and

18  following investigation and approval by the secretary, or the

19  secretary's designee, who shall maintain a written record of

20  such action, to leave the confines of that place unaccompanied

21  by a custodial agent for a prescribed period of time to:

22         (a)  Visit, for a specified period, a specifically

23  designated place or places:

24         1.  For the purpose of visiting a dying relative,

25  attending the funeral of a relative, or arranging for

26  employment or for a suitable residence for use when released;

27         2.  To otherwise aid in the rehabilitation of the

28  inmate; or

29         3.  For another compelling reason consistent with the

30  public interest,

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  1  and return to the same or another prison institution or

  2  facility designated by the Department of Corrections.

  3         (b)  Work at paid employment, participate in an

  4  education or a training program, or voluntarily serve a public

  5  or nonprofit agency in the community, while continuing as an

  6  inmate of the prison institution or facility in which the

  7  inmate is confined, except during the hours of his or her

  8  employment, education, training, or service and traveling

  9  thereto and therefrom.  An inmate may participate in paid

10  employment only during the last 36 months of his or her

11  confinement, unless sooner requested by the Parole Commission

12  or the Control Release Authority.

13         (8)

14         (b)  When the chief correctional officer determines

15  that a fine would be an appropriate punishment for a violation

16  of the rules of the department, both the determination of

17  guilt and the amount of the fine shall be determined by the

18  disciplinary hearing officer committee pursuant to the method

19  prescribed in s. 944.28(2)(c).

20         Section 71.  Paragraphs (b), (c), and (d) of subsection

21  (1) of section 945.215, Florida Statutes, are amended to read:

22         945.215  Inmate welfare and employee benefit trust

23  funds.--

24         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

25  CORRECTIONS.--

26         (b)  Funds in the Inmate Welfare Trust Fund must be

27  used exclusively for the following purposes at correctional

28  facilities operated directly by the department:

29         1.  To operate inmate canteens and vending machines,

30  including purchasing items for resale at inmate canteens and

31  vending machines; employing personnel and inmates to manage,

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  1  supervise, and operate inmate canteens and vending machines;

  2  and covering other operating and fixed capital outlay expenses

  3  associated with operating inmate canteens and vending

  4  machines;

  5         2.  To employ personnel to manage and supervise the

  6  proceeds from telephone commissions;

  7         3.  To develop, implement, and maintain the medical

  8  copayment accounting system;

  9         4.  To provide literacy programs, vocational training

10  programs, and educational programs that comply with standards

11  of the Department of Education, including employing personnel

12  and covering other operating and fixed capital outlay expenses

13  associated with providing such programs;

14         5.  To operate inmate chapels, faith-based programs,

15  visiting pavilions, visiting services and programs, family

16  services and programs, libraries, and law libraries, including

17  employing personnel and covering other operating and fixed

18  capital outlay expenses associated with operating inmate

19  chapels, faith-based programs, visiting pavilions, visiting

20  services and programs, family services and programs,

21  libraries, and law libraries;

22         6.  To provide for expenses associated with various

23  inmate clubs;

24         7.  To provide for expenses associated with legal

25  services for inmates;

26         8.  To provide inmate substance abuse treatment

27  programs and transition and life skills training programs,

28  including employing personnel and covering other operating and

29  fixed capital outlay expenses associated with providing such

30  programs; and.

31

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  1         9.  To purchase other items for the benefit of the

  2  inmate population as deemed appropriate by the secretary.

  3         (c)  The Legislature shall annually appropriate the

  4  funds deposited in the Inmate Welfare Trust Fund. It is the

  5  intent of the Legislature that total annual expenditures for

  6  providing literacy programs, vocational training programs, and

  7  educational programs exceed the combined total annual

  8  expenditures for operating inmate chapels, faith-based

  9  programs, visiting pavilions, visiting services and programs,

10  family services and programs, libraries, and law libraries,

11  covering expenses associated with inmate clubs, other items

12  deemed appropriate by the secretary, and providing inmate

13  substance abuse treatment programs and transition and life

14  skills training programs.

15         (d)  Funds in the Inmate Welfare Trust Fund or any

16  other fund may not be used to purchase weight training

17  equipment, cable television service, or to rent or purchase

18  videocassettes or, videocassette recorders, or other

19  audiovisual or electronic equipment used primarily for

20  recreation purposes. This paragraph does not preclude the

21  purchase or rental of electronic or audiovisual equipment or

22  wellness equipment for inmate training or educational

23  programs.

24         Section 72.  Subsection (1) of section 945.27, Florida

25  Statutes, is amended to read:

26         945.27  Proceedings by department.--

27         (1)  Whenever it becomes necessary to increase the

28  number of prison beds by acquiring private property for the

29  construction of new correctional facilities or for the

30  expansion of existing facilities, and the property cannot be

31  acquired by agreement satisfactory to the Department of

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  1  Corrections and the parties interested in, or the owners of,

  2  the private property, the department may is hereby empowered

  3  and authorized to exercise the right of eminent domain and to

  4  proceed to condemn the property in the same manner as provided

  5  by law for the condemnation of property.

  6         Section 73.  Subsections (2), (3), (4), and (5) of

  7  section 945.6031, Florida Statutes, are amended to read:

  8         945.6031  Required reports and surveys.--

  9         (2)  The authority shall conduct surveys of the

10  physical and mental health care system at each prison

11  correctional institution at least triennially and shall report

12  the survey findings for each prison institution to the

13  Secretary of Corrections.

14         (3)  Deficiencies found by the authority to be

15  life-threatening or otherwise serious shall be immediately

16  reported to the Secretary of Corrections.  The Department of

17  Corrections shall take immediate action to correct

18  life-threatening or otherwise serious deficiencies identified

19  by the authority and within 3 calendar days file a written

20  corrective action plan with the authority indicating the

21  actions that will be taken to address the deficiencies.

22  Within 60 calendar days following a survey, the authority

23  shall submit a report to the Secretary of Corrections

24  indicating deficiencies found at the prison institution.

25         (4)  Within 30 calendar days after the receipt of a

26  survey report from the authority, the Department of

27  Corrections shall file a written corrective action plan with

28  the authority, indicating the actions which will be taken to

29  address deficiencies determined by the authority to exist at a

30  prison an institution.  Each plan shall set forth an estimate

31

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  1  of the time and resources needed to correct identified

  2  deficiencies.

  3         (5)  The authority shall monitor the Department of

  4  Corrections' implementation of corrective actions which have

  5  been taken at each prison institution to address deficiencies

  6  related to the Department of Corrections' provision of

  7  physical and mental health care services found to exist by the

  8  authority.

  9         Section 74.  Subsection (1) of section 945.72, Florida

10  Statutes, is amended to read:

11         945.72  Eligibility and screening of inmates.--

12         (1)  The provisions of ss. 945.71-945.74 apply to all

13  eligible inmates in state prisons correctional institutions.

14         Section 75.  Paragraph (a) of subsection (1) and

15  paragraph (a) of subsection (2) of section 946.002, Florida

16  Statutes, are amended to read:

17         946.002  Requirement of labor; compensation; amount;

18  crediting of account of prisoner; forfeiture; civil rights;

19  prisoner not employee or entitled to compensation insurance

20  benefits.--

21         (1)(a)  The department shall require of every

22  able-bodied prisoner imprisoned in any prison institution as

23  many hours of faithful labor in each day and every day during

24  his or her term of imprisonment as shall be prescribed by the

25  rules of the department.  Every able-bodied prisoner

26  classified as medium custody or minimum custody who does not

27  satisfactorily participate in any prison institutional work

28  programs, correctional work programs, prison industry

29  enhancement (PIE) programs, academic programs, or vocational

30  programs shall be required to perform work for such political

31

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  1  subdivisions of the state as might have entered into agreement

  2  with the department pursuant to s. 946.40.

  3         (2)(a)  Each prisoner who is engaged in productive work

  4  in any state prison correctional institution, program, or

  5  facility under the jurisdiction of the department may receive

  6  for work performed such compensation as the department shall

  7  determine.  Such compensation shall be in accordance with a

  8  schedule based on quality and quantity of work performed and

  9  skill required for performance, and said compensation shall be

10  credited to the account of the prisoner or the prisoner's

11  family.

12         Section 76.  Section 946.205, Florida Statutes, is

13  amended to read:

14         946.205  Prison Institutional work.--The department may

15  cause to be cultivated by the inmates of the adult prisons

16  correctional institutions that are under the control and

17  supervision of the department such food items as are grown on

18  farms or in gardens generally, and as are needed and used in

19  the state prisons institutions. The department may sell any

20  surplus food items to the corporation authorized under part II

21  of this chapter. Any proceeds received from such sales by the

22  department shall be deposited into the Correctional Work

23  Program Trust Fund. The department may also use the services

24  of inmates of the adult prisons correctional institutions that

25  are under the control and supervision of the department to

26  perform such work as is needed and used within the state

27  prisons institutions.

28         Section 77.  Section 946.25, Florida Statutes, is

29  amended to read:

30         946.25  Sale of hobbycrafts by prisoners.--When, in the

31  planning of the rehabilitation program of the Department of

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  1  Corrections through its recreational facilities, plans are

  2  made for prisoners to engage in hobbies and hobbycrafts after

  3  their normal working hours and when they are not required by

  4  the warden of a state prison or other correctional institution

  5  to be on their assigned duties, they may make items of a hobby

  6  or hobbycraft nature which may be disposed of by the prisoner

  7  through the prison institutional canteen or commissary to

  8  persons visiting the prison institution.

  9         Section 78.  Subsection (1) of section 946.40, Florida

10  Statutes, is amended to read:

11         946.40  Use of prisoners in public works.--

12         (1)  The Department of Corrections shall, subject to

13  the availability of funds appropriated for that purpose, and,

14  in the absence of such funds, may, enter into agreements with

15  such political subdivisions in the state, as defined by s.

16  1.01(8), including municipalities; with such agencies and

17  institutions of the state; and with such nonprofit

18  corporations as might use the services of inmates of prisons

19  correctional institutions and camps when it is determined by

20  the department that such services will not be detrimental to

21  the welfare of such inmates or the interests of the state in a

22  program of rehabilitation.  An agreement for use of fewer than

23  15 minimum custody inmates and medium custody inmates may

24  provide that supervision will be either by the department or

25  by the political subdivision, institution, nonprofit

26  corporation, or agency using the inmates.  The department is

27  authorized to adopt rules governing work and supervision of

28  inmates used in public works projects, which rules shall

29  include, but shall not be limited to, the proper screening and

30  supervision of such inmates.  Inmates may be used for these

31  purposes without being accompanied by a correctional officer,

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  1  provided the political subdivision, municipality, or agency of

  2  the state or the nonprofit corporation provides proper

  3  supervision pursuant to the rules of the Department of

  4  Corrections.

  5         Section 79.  Subsections (4) and (8) of section

  6  946.504, Florida Statutes, are amended to read:

  7         946.504  Organization of corporation to operate

  8  correctional work programs; lease of facilities.--

  9         (4)  If the department leases a single correctional

10  work program at any prison correctional institution to the

11  corporation, the corporation shall lease all such correctional

12  work programs at that prison institution.

13         (8)  Notwithstanding any provision to the contrary, the

14  corporation is authorized to use tax-exempt financing through

15  the issuance of tax-exempt bonds, certificates of

16  participation, lease-purchase agreements, or other tax-exempt

17  financing methods for the purpose of constructing facilities

18  or making capital improvements for correctional work programs

19  and prison industry enhancement programs on state-owned land

20  within state prisons correctional institutions. Such

21  tax-exempt financing may be funded by the General

22  Appropriations Act. If the corporation obtains tax-exempt

23  financing, the state retains a secured interest by holding a

24  lien against any structure or improvement for which tax-exempt

25  financing or state funds are used. The corporation shall

26  include a provision in its financing contract requiring that a

27  lien be filed by the Department of Corrections, on behalf of

28  the state, in order to procure the issuance of tax-exempt

29  bonds or certificates of participation; to enter into

30  lease-purchase agreements; or to obtain any other tax-exempt

31  financing methods for the construction or renovation of

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  1  facilities related to correctional work programs or prison

  2  industry enhancement programs. The lien shall be against the

  3  property where any facility or structure is located which has

  4  been constructed or substantially renovated, in whole or in

  5  part, through the use of state funds. However, there is no

  6  requirement for the Department of Corrections to file a lien

  7  if the amount of state funds does not exceed $25,000 or 10

  8  percent of the contract amount, whichever is less. The lien

  9  must be recorded, upon the execution of the contract

10  authorizing such construction or renovation, in the county

11  where the property is located. The lien must specify that the

12  Department of Corrections has a financial interest in the

13  property equal to the pro rata portion of the state's original

14  investment of the then-fair-market value of the construction.

15  The lien must also specify that the Department of Corrections'

16  financial interest is proportionately reduced and subsequently

17  vacated over a 20-year period of depreciation. The contract

18  must include a provision that as a condition of receipt of

19  state funding for this purpose, the corporation agrees that,

20  if it disposes of the property before the state's interest is

21  vacated, the corporation will refund the proportionate share

22  of the state's initial investment, as adjusted by

23  depreciation.

24         Section 80.  Section 946.513, Florida Statutes, is

25  amended to read:

26         946.513  Private employment of inmates; disposition of

27  compensation received.--

28         (1)  Notwithstanding the provisions of any other law,

29  an inmate may be employed by the corporation or by any other

30  private entity operating on the grounds of a prison

31  correctional institution prior to the last 24 months of the

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  1  inmate's confinement. Compensation received for such

  2  employment shall be credited by the department to an account

  3  for the inmate and shall be used to make any court-ordered

  4  payments, including restitution to the victim. The department

  5  rules shall provide that a portion of such compensation be

  6  credited by the department in the manner provided in s.

  7  946.512.

  8         (2)  No inmate is eligible for unemployment

  9  compensation, whether employed by the corporation or by any

10  other private enterprise operating on the grounds of a prison

11  correctional institution or elsewhere, when such employment is

12  part of a correctional work program or work-release program of

13  either the corporation or the department.

14         Section 81.  Subsection (2) of section 947.1405,

15  Florida Statutes, is amended to read:

16         947.1405  Conditional release program.--

17         (2)  Any inmate who:

18         (a)  Is convicted of a crime committed on or after

19  October 1, 1988, and before January 1, 1994, and any inmate

20  who is convicted of a crime committed on or after January 1,

21  1994, which crime is or was contained in category 1, category

22  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

23  Florida Rules of Criminal Procedure (1993), and who has served

24  at least one prior felony commitment at a state prison or

25  federal correctional institution;

26         (b)  Is sentenced as a habitual or violent habitual

27  offender or a violent career criminal pursuant to s. 775.084;

28  or

29         (c)  Is found to be a sexual predator under s. 775.21

30  or former s. 775.23,

31

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  1  shall, upon reaching the tentative release date or provisional

  2  release date, whichever is earlier, as established by the

  3  Department of Corrections, be released under supervision

  4  subject to specified terms and conditions, including payment

  5  of the cost of supervision pursuant to s. 948.09. Such

  6  supervision shall be applicable to all sentences within the

  7  overall term of sentences if an inmate's overall term of

  8  sentences includes one or more sentences that are eligible for

  9  conditional release supervision as provided herein. Effective

10  July 1, 1994, and applicable for offenses committed on or

11  after that date, the commission may require, as a condition of

12  conditional release, that the releasee make payment of the

13  debt due and owing to a county or municipal detention facility

14  under s. 951.032 for medical care, treatment, hospitalization,

15  or transportation received by the releasee while in that

16  detention facility. The commission, in determining whether to

17  order such repayment and the amount of such repayment, shall

18  consider the amount of the debt, whether there was any fault

19  of the prison institution for the medical expenses incurred,

20  the financial resources of the releasee, the present and

21  potential future financial needs and earning ability of the

22  releasee, and dependents, and other appropriate factors.  If

23  an inmate has received a term of probation or community

24  control supervision to be served after release from

25  incarceration, the period of probation or community control

26  must be substituted for the conditional release supervision. A

27  panel of no fewer than two commissioners shall establish the

28  terms and conditions of any such release. If the offense was a

29  controlled substance violation, the conditions shall include a

30  requirement that the offender submit to random substance abuse

31  testing intermittently throughout the term of conditional

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  1  release supervision, upon the direction of the correctional

  2  probation officer as defined in s. 943.10(3). The commission

  3  shall also determine whether the terms and conditions of such

  4  release have been violated and whether such violation warrants

  5  revocation of the conditional release.

  6         Section 82.  Subsection (1) of section 947.172, Florida

  7  Statutes, is amended to read:

  8         947.172  Establishment of presumptive parole release

  9  date.--

10         (1)  The hearing examiner shall conduct an initial

11  interview in accordance with the provisions of s. 947.16.

12  This interview shall include introduction and explanation of

13  the objective parole guidelines as they relate to presumptive

14  and effective parole release dates and an explanation of the

15  prison institutional conduct record and satisfactory release

16  plan for parole supervision as each relates to parole release.

17         Section 83.  Paragraph (a) of subsection (5) of section

18  947.174, Florida Statutes, is amended to read:

19         947.174  Subsequent interviews.--

20         (5)  For purposes of this section, the commission shall

21  develop and make available to all inmates guidelines which:

22         (a)  Define what constitutes an unsatisfactory prison

23  institutional record. In developing such guidelines, the

24  commission shall consult with the department.

25         Section 84.  Section 947.1745, Florida Statutes, is

26  amended to read:

27         947.1745  Establishment of effective parole release

28  date.--If the inmate's prison institutional conduct has been

29  satisfactory, the presumptive parole release date shall become

30  the effective parole release date as follows:

31

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  1         (1)  Within 90 days before the presumptive parole

  2  release date, a hearing examiner shall conduct a final

  3  interview with the inmate in order to establish an effective

  4  parole release date and parole release plan.  If it is

  5  determined that the inmate's prison institutional conduct has

  6  been unsatisfactory, a statement to this effect shall be made

  7  in writing with particularity and shall be forwarded to a

  8  panel of no fewer than two commissioners appointed by the

  9  chair.

10         (2)  If the panel finds that the inmate's parole

11  release plan is unsatisfactory, this finding may constitute

12  new information and good cause in exceptional circumstances as

13  described in s. 947.173, under which the panel may extend the

14  presumptive parole release date for not more than 1 year.  The

15  panel may review any subsequently proposed parole release plan

16  at any time.

17         (3)  Within 30 days after receipt of the inmate's

18  parole release plan, the panel shall determine whether to

19  authorize the effective parole release date.  The inmate must

20  be notified of the decision in writing within 30 days after

21  the decision by the panel.

22         (4)  If an effective date of parole has been

23  established, release on that date is conditioned upon the

24  completion of a satisfactory plan for parole supervision.  An

25  effective date of parole may be delayed for up to 60 days by a

26  commissioner without a hearing for the development and

27  approval of release plans.

28         (5)  An effective date of parole may be delayed by a

29  commissioner for up to 60 days without a hearing based on:

30         (a)  New information not available at the time of the

31  effective parole release date interview.

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  1         (b)  Unsatisfactory prison institutional conduct which

  2  occurred subsequent to the effective parole release date

  3  interview.

  4         (c)  The lack of a verified parole release plan.

  5         (6)  Within 90 days before the effective parole release

  6  date interview, the commission shall send written notice to

  7  the sentencing judge of any inmate who has been scheduled for

  8  an effective parole release date interview.  If the sentencing

  9  judge is no longer serving, the notice must be sent to the

10  chief judge of the circuit in which the offender was

11  sentenced. The chief judge may designate any circuit judge

12  within the circuit to act in the place of the sentencing

13  judge.  Within 30 days after receipt of the commission's

14  notice, the sentencing judge, or the designee, shall send to

15  the commission notice of objection to parole release, if the

16  judge objects to such release.  If there is objection by the

17  judge, such objection may constitute good cause in exceptional

18  circumstances as described in s. 947.173, and the commission

19  may schedule a subsequent review within 2 years, extending the

20  presumptive parole release date beyond that time. However, for

21  an inmate who has been:

22         (a)  Convicted of murder or attempted murder;

23         (b)  Convicted of sexual battery or attempted sexual

24  battery; or

25         (c)  Sentenced to a 25-year minimum mandatory sentence

26  previously provided in s. 775.082,

27

28  the commission may schedule a subsequent review under this

29  subsection once every 5 years, extending the presumptive

30  parole release date beyond that time if the commission finds

31  that it is not reasonable to expect that parole would be

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  1  granted at a review during the following years and states the

  2  bases for the finding in writing. For any inmate who is within

  3  7 years of his or her release date, the commission may

  4  schedule a subsequent review prior to the 5 year schedule.

  5  With any subsequent review the same procedure outlined above

  6  will be followed.  If the judge remains silent with respect to

  7  parole release, the commission may authorize an effective

  8  parole release date.  This subsection applies if the

  9  commission desires to consider the establishment of an

10  effective release date without delivery of the effective

11  parole release date interview.  Notice of the effective

12  release date must be sent to the sentencing judge, and either

13  the judge's response to the notice must be received or the

14  time period allowed for such response must elapse before the

15  commission may authorize an effective release date.

16         Section 85.  Paragraph (f) of subsection (1) and

17  paragraph (a) of subsection (7) of section 948.03, Florida

18  Statutes, are amended to read:

19         948.03  Terms and conditions of probation or community

20  control.--

21         (1)  The court shall determine the terms and conditions

22  of probation or community control.  Conditions specified in

23  paragraphs (a)-(m) do not require oral pronouncement at the

24  time of sentencing and may be considered standard conditions

25  of probation. Conditions specified in paragraphs (a)-(m) and

26  (2)(a) do not require oral pronouncement at sentencing and may

27  be considered standard conditions of community control.  These

28  conditions may include among them the following, that the

29  probationer or offender in community control shall:

30         (f)  Effective July 1, 1994, and applicable for

31  offenses committed on or after that date, make payment of the

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  1  debt due and owing to a county or municipal detention facility

  2  under s. 951.032 for medical care, treatment, hospitalization,

  3  or transportation received by the felony probationer while in

  4  that detention facility. The court, in determining whether to

  5  order such repayment and the amount of such repayment, shall

  6  consider the amount of the debt, whether there was any fault

  7  of the prison institution for the medical expenses incurred,

  8  the financial resources of the felony probationer, the present

  9  and potential future financial needs and earning ability of

10  the probationer, and dependents, and other appropriate

11  factors.

12         (7)(a)  If the court imposes a period of residential

13  treatment or incarceration as a condition of probation or

14  community control, the residential treatment or incarceration

15  shall be restricted to the following facilities:

16         1.  A Department of Corrections probation and

17  restitution center;

18         2.  A probation program drug punishment treatment

19  community;

20         3.  A community residential facility which is owned and

21  operated by any public or private entity, excluding a work

22  release community correctional center as defined in s. 944.033

23  944.026; or

24         4.  A county-owned facility.

25         Section 86.  Subsection (2) of section 948.09, Florida

26  Statutes, is amended to read:

27         948.09  Payment for cost of supervision and

28  rehabilitation.--

29         (2)  Any person being electronically monitored by the

30  department as a result of placement on community control shall

31  be required to pay as a surcharge an amount not to exceed the

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  1  full cost of the monitoring service, but not less than $1 per

  2  day $1-per-day surcharge in addition to the cost of

  3  supervision fee as directed by the sentencing court. The

  4  surcharge shall be deposited in the Operating Trust Fund to be

  5  used by the department for purchasing and maintaining

  6  electronic monitoring devices.

  7         Section 87.  Subsection (1) of section 948.12, Florida

  8  Statutes, is amended to read:

  9         948.12  Intensive supervision for postprison release of

10  violent offenders.--It is the finding of the Legislature that

11  the population of violent offenders released from state prison

12  into the community poses the greatest threat to the public

13  safety of the groups of offenders under community supervision.

14  Therefore, for the purpose of enhanced public safety, any

15  offender released from state prison who:

16         (1)  Was most recently incarcerated for an offense that

17  is or was contained in category 1 (murder, manslaughter),

18  category 2 (sexual offenses), category 3 (robbery), or

19  category 4 (violent personal crimes) of Rules 3.701 and 3.988,

20  Florida Rules of Criminal Procedure (1993), and who has served

21  at least one prior felony commitment at a state prison or

22  federal correctional institution;

23

24  and who has a term of probation to follow the period of

25  incarceration shall be provided intensive supervision by

26  experienced correctional probation officers. Subject to

27  specific appropriation by the Legislature, caseloads may be

28  restricted to a maximum of 40 offenders per officer to provide

29  for enhanced public safety as well as to effectively monitor

30  conditions of electronic monitoring or curfews, if such was

31  ordered by the court.

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  1         Section 88.  Paragraph (a) of subsection (4) of section

  2  948.51, Florida Statutes, is amended to read:

  3         948.51  Community corrections assistance to counties or

  4  county consortiums.--

  5         (4)  PURPOSES OF COMMUNITY CORRECTIONS FUNDS.--

  6         (a)  The Secretary of Corrections may contract for the

  7  issuance of community corrections assistance funds, as

  8  appropriated by the Legislature, to an eligible contracting

  9  county or county consortium for the purposes of:

10         1.  Providing community-based corrections programs

11  within county-owned or county-contracted residential probation

12  programs.

13         2.  Providing nonincarcerative diversionary programs,

14  including pretrial release programs, for juvenile offenders or

15  adult offenders who would otherwise be housed in a county

16  detention facility, a state juvenile detention facility, or a

17  state prison correctional institution.

18         3.  Providing community-based drug treatment programs,

19  both outpatient and residential, by licensed providers.

20         4.  Funding costs for the enhancement of programs

21  within county detention facilities.

22         5.  Funding costs for the enhancement of public safety

23  and crime prevention programs.

24         Section 89.  Paragraph (a) of subsection (2) of section

25  948.90, Florida Statutes, is amended to read:

26         948.90  Local offender advisory councils.--

27         (2)  In the event that a city or county or a

28  combination thereof elects to develop, establish, and maintain

29  such community program, it shall provide support to a local

30  offender advisory council composed of members appointed by the

31  city or county governing body; if a council is established by

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  1  more than one local government, an equal number of members

  2  shall be appointed by each participating governing body.  Each

  3  council shall also include in its membership two persons

  4  appointed by the chief judge of the circuit serving the

  5  jurisdiction or jurisdictions participating on the committee

  6  and one person appointed by the appropriate regional office of

  7  the Department of Corrections.  Each such council shall be

  8  responsible for:

  9         (a)  Identifying and developing community services and

10  programs for use by the courts in diverting offenders from

11  state prisons correctional institutions.

12         Section 90.  Paragraphs (a) and (e) of subsection (2)

13  of section 951.23, Florida Statutes, are amended to read:

14         951.23  County and municipal detention facilities;

15  definitions; administration; standards and requirements.--

16         (2)  COLLECTION OF INFORMATION.--In conjunction with

17  the administrators of county detention facilities, the

18  Department of Corrections shall develop an instrument for the

19  collection of information from the administrator of each

20  county detention facility.  Whenever possible, the information

21  shall be transmitted by the administrator to the Department of

22  Corrections electronically or in a computer readable format.

23  The information shall be provided on a monthly basis and shall

24  include, but is not limited to, the following:

25         (a)  The number of persons housed per day who are:

26         1.  Felons sentenced to cumulative sentences of

27  incarceration of 364 days or less.

28         2.  Felons sentenced to cumulative sentences of

29  incarceration of 365 days or more.

30         3.  Sentenced misdemeanants.

31         4.  Awaiting trial on at least one felony charge.

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  1         5.  Awaiting trial on misdemeanor charges only.

  2         6.  Convicted felons and misdemeanants who are awaiting

  3  sentencing.

  4         7.  Juveniles.

  5         8.  State parole violators.

  6         9.  State inmates who were transferred from a state

  7  prison correctional facility, as defined in s. 944.02, to the

  8  county detention facility.

  9         (e)  The number of persons admitted per month, and the

10  number of persons housed on the last day of the month, by age,

11  race, and sex, who are:

12         1.  Felons sentenced to cumulative sentences of

13  incarceration of 364 days or less.

14         2.  Felons sentenced to cumulative sentences of

15  incarceration of 365 days or more.

16         3.  Sentenced misdemeanants.

17         4.  Awaiting trial on at least one felony charge.

18         5.  Awaiting trial on misdemeanor charges only.

19         6.  Convicted felons and misdemeanants who are awaiting

20  sentencing.

21         7.  Juveniles.

22         8.  State parole violators.

23         9.  State inmates who were transferred from a state

24  prison correctional facility, as defined in s. 944.02, to the

25  county detention facility.

26         Section 91.  Paragraph (b) of subsection (2) of section

27  958.04, Florida Statutes, is amended to read:

28         958.04  Judicial disposition of youthful offenders.--

29         (2)  In lieu of other criminal penalties authorized by

30  law and notwithstanding any imposition of consecutive

31

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  1  sentences, the court shall dispose of the criminal case as

  2  follows:

  3         (b)  The court may impose a period of incarceration as

  4  a condition of probation or community control, which period of

  5  incarceration shall be served in either a county facility, a

  6  department probation and restitution center, or a community

  7  residential facility which is owned and operated by any public

  8  or private entity providing such services.  No youthful

  9  offender may be required to serve a period of incarceration in

10  a work release community correctional center as defined in s.

11  944.033 944.026.  Admission to a department facility or center

12  shall be contingent upon the availability of bed space and

13  shall take into account the purpose and function of such

14  facility or center.  Placement in such a facility or center

15  shall not exceed 364 days.

16         Section 92.  Paragraph (b) of subsection (6) of section

17  958.09, Florida Statutes, is amended to read:

18         958.09  Extension of limits of confinement.--

19         (6)

20         (b)  When the chief correctional officer determines

21  that a fine would be an appropriate punishment for a violation

22  of the rules of the department, both the determination of

23  guilt and the amount of the fine shall be determined by the

24  disciplinary hearing officer committee pursuant to the method

25  prescribed in s. 944.28(2)(c).

26         Section 93.  Paragraph (p) of subsection (1) of section

27  960.001, Florida Statutes, is amended to read:

28         960.001  Guidelines for fair treatment of victims and

29  witnesses in the criminal justice and juvenile justice

30  systems.--

31

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  1         (1)  The Department of Legal Affairs, the state

  2  attorneys, the Department of Corrections, the Department of

  3  Juvenile Justice, the Parole Commission, the State Courts

  4  Administrator and circuit court administrators, the Department

  5  of Law Enforcement, and every sheriff's department, police

  6  department, or other law enforcement agency as defined in s.

  7  943.10(4) shall develop and implement guidelines for the use

  8  of their respective agencies, which guidelines are consistent

  9  with the purposes of this act and s. 16(b), Art. I of the

10  State Constitution and are designed to implement the

11  provisions of s. 16(b), Art. I of the State Constitution and

12  to achieve the following objectives:

13         (p)  Information concerning escape from a state prison

14  correctional institution, county jail, juvenile detention

15  facility, or residential commitment facility.--In any case

16  where an offender escapes from a state prison correctional

17  institution, private correctional facility, county jail,

18  juvenile detention facility, or residential commitment

19  facility, the institution of confinement shall immediately

20  notify the state attorney of the jurisdiction where the

21  criminal charge or petition for delinquency arose and the

22  judge who imposed the sentence of incarceration.  The state

23  attorney shall thereupon make every effort to notify the

24  victim, material witness, parents or legal guardian of a minor

25  who is a victim or witness, or immediate relatives of a

26  homicide victim of the escapee.  The state attorney shall also

27  notify the sheriff of the county where the criminal charge or

28  petition for delinquency arose.  The sheriff shall offer

29  assistance upon request. When an escaped offender is

30  subsequently captured or is captured and returned to the

31  institution of confinement, the institution of confinement

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  1  shall again immediately notify the appropriate state attorney

  2  and sentencing judge pursuant to this section.

  3         Section 94.  Notwithstanding any amendments to the

  4  sections of Florida Statutes set forth in this act, the

  5  Division of Statutory Revision of the Office of Legislative

  6  Services is directed to not alter any terms referring to

  7  personnel employed by the Department of the Corrections or the

  8  Correctional Privitization Commission.

  9         Section 95.  Except as otherwise provided herein, this

10  act shall take effect July 1, 2001.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Requires that the court specify any additional
15    incarceration served by a defendant for purposes of
      calculating credit allowed by the Department of
16    Corrections for time served. Requires that a disciplinary
      hearing officer rather than a disciplinary committee
17    determine an inmate's forfeiture of gain-time. Requires
      the inspector general of the Department of Corrections to
18    review instances of the use of force by department
      employees and determine whether the use of force was
19    appropriate. Revises various provisions of law relating
      to the state correctional system, the Department of
20    Corrections, and inmate labor and correctional work
      programs to redesignate the term "correctional
21    institution" as "prison" and the term "community
      correctional center" as "work release center." Changes
22    references from "sheriff" to "custodian of the local
      jail." Revises provisions relating to use of funds for
23    specified purposes at correctional facilities operated by
      the department. Revises the amount of the surcharge paid
24    to the department by offenders placed on community
      control. Provides a directive to the Division of
25    Statutory Revision.

26

27

28

29

30

31

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