957.01 – Short Title.
957.01 Short title.—This chapter may be cited as the “Correctional Privatization Act.” History.—s. 40, ch. 93-406; s. 10, ch. 2004-248.
957.02 – Definitions.
957.02 Definitions.—As used in this chapter, “department” means the Department of Corrections. History.—s. 40, ch. 93-406; s. 11, ch. 2004-248.
957.04 – Contract Requirements.
957.04 Contract requirements.— (1) A contract entered into under this chapter for the operation of private correctional facilities shall maximize the cost savings of such facilities and shall: (a) Be negotiated with the firm found most qualified. However, a contract for private correctional services may not be entered into by the Department of Management Services unless the Department […]
957.05 – Requirements for Contractors Operating Private Correctional Facilities.
957.05 Requirements for contractors operating private correctional facilities.— (1) Each contractor entering into a contract under this chapter is liable in tort with respect to the care and custody of inmates under its supervision and for any breach of contract. Sovereign immunity may not be raised by a contractor, or the insurer of that contractor on the […]
957.06 – Powers and Duties Not Delegable to Contractor.
957.06 Powers and duties not delegable to contractor.—A contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the contractor to: (1) Make a final determination on the custody classification of an inmate. The contractor may submit a recommendation for a custody change on an inmate; however, any recommendation made […]
957.07 – Cost-Saving Requirements.
957.07 Cost-saving requirements.— (1) The Department of Management Services may not enter into a contract or series of contracts unless the department determines that the contract or series of contracts in total for the facility will result in a cost savings to the state of at least 7 percent over the public provision of a similar facility. […]
957.08 – Capacity Requirements.
957.08 Capacity requirements.—The Department of Corrections shall transfer and assign prisoners to each private correctional facility opened pursuant to this chapter in an amount not less than 90 percent or more than 100 percent of the capacity of the facility pursuant to the contract with the Department of Management Services. The prisoners transferred by the Department […]
957.09 – Applicability of Chapter to Other Provisions of Law.
957.09 Applicability of chapter to other provisions of law.— (1)(a) Any offense that if committed at a state correctional facility would be a crime is a crime if committed by or with regard to inmates at private correctional facilities operated pursuant to a contract entered into under this chapter. (b) All laws relating to commutation of sentences, release […]
957.11 – Evaluation of Costs and Benefits of Contracts.
957.11 Evaluation of costs and benefits of contracts.—The Office of Program Policy Analysis and Government Accountability shall develop and implement an evaluation of the costs and benefits of each contract entered into under this chapter. This evaluation must include a comparison of the costs and benefits of constructing and operating prisons by the state versus by […]
957.12 – Prohibition on Contact.
957.12 Prohibition on contact.—A bidder or potential bidder is not permitted to have any contact with any member or employee of or consultant to the commission regarding a request for proposal, a proposal, or the evaluation or selection process from the time a request for proposals for a private correctional facility is issued until the time […]
957.13 – Background Checks.
957.13 Background checks.— (1) The Florida Department of Law Enforcement may accept fingerprints of individuals who apply for employment at a private correctional facility and who are required to have background checks under the provisions of this chapter. (2) The Florida Department of Law Enforcement may, to the extent provided for by federal law, provide for the exchange […]
957.14 – Contract Termination and Control of a Correctional Facility by the Department.
957.14 Contract termination and control of a correctional facility by the department.—A detailed plan shall be provided by a private vendor under which the department shall assume temporary control of a private correctional facility upon termination of the contract. The Department of Management Services may terminate the contract with cause after written notice of material deficiencies […]
957.15 – Funding of Contracts for Operation, Maintenance, and Lease-Purchase of Private Correctional Facilities.
957.15 Funding of contracts for operation, maintenance, and lease-purchase of private correctional facilities.—The request for appropriation of funds to make payments pursuant to contracts entered into by the Department of Management Services for the operation, maintenance, and lease-purchase of the private correctional facilities authorized by this chapter shall be made by the Department of Management Services […]
957.16 – Expanding Capacity.
957.16 Expanding capacity.—The Department of Management Services is authorized to modify and execute agreements with contractors to expand up to the total capacity of contracted correctional facilities. Total capacity means the design capacity of all contracted correctional facilities increased by one-half as described under s. 944.023(1)(b). Any additional beds authorized under this section must comply with […]