Fla. Stat. § 957.01
Short title
This chapter may be cited as the “Correctional Privatization Act.”
Florida Statutes Chapter 957 — CORRECTIONAL PRIVATIZATION
Florida · statute · Fla. Stat. ch. 957 · 14 active provisions
Fla. Stat. § 957.02
Definition
As used in this chapter, “department” means the Department of Corrections.
Fla. Stat. § 957.04
Contract requirements
(1) A contract entered into under this chapter for the operation of contractor-operated correctional facilities shall maximize the cost savings of such facilities and:(a) Unless otherwise specified in this chapter, is not exempt from chapter 287, including the competitive solicitation requirements thereof. However, if…
Fla. Stat. § 957.05
Requirements for contractors operating contractor-operated 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 contractor’s behalf, as a defense in any…
Fla. Stat. § 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 shall be…
Fla. Stat. § 957.07
Cost-saving requirements
(1) The department 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. Such cost savings as determined an…
Fla. Stat. § 957.08
Capacity requirements
The department shall transfer and assign prisoners to each contractor-operated 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. The prisoners transferred by the department shall represent a cros…
Fla. Stat. § 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 contractor-operated correctional facilities operated pursuant to a contract entered into under this chapter.(b) All laws relating to commutation of sentences, release and parole…
Fla. Stat. § 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 priva…
Fla. Stat. § 957.12
Prohibition on contact
Except in writing to the procurement office or as provided in the solicitation documents, a bidder or potential bidder is not permitted to have any contact with any member or employee of or consultant to the department regarding a competitive solicitation, a proposal, or the evaluation or selection process from the tim…
Fla. Stat. § 957.13
Background checks
(1) The Florida Department of Law Enforcement may accept fingerprints of individuals who apply for employment at a contractor-operated 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 b…
Fla. Stat. § 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 contractor-operated correctional facility upon termination of the contract. The department may terminate the contract with cause after written notice of material deficiencies and after 60 workdays in ord…
Fla. Stat. § 957.15
Funding of contracts for operation, maintenance, and lease-purchase of contractor-operated correctional facilities
The request for appropriation of funds to make payments pursuant to contracts entered into by the department for the operation, maintenance, and lease-purchase of the contractor-operated correctional facilities authorized by this chapter shall be included in its budget request to the Legislature as a separately identif…
Fla. Stat. § 957.16
Expanding capacity
The department 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 autho…