Chapter 957 — Chapter 957
14 sections in this chapter.
Fla. Stat. § 957.01 Short title
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This chapter may be cited as the “Correctional Privatization Act.”
Fla. Stat. § 957.02 Definition
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As used in this chapter, “department” means the Department of Corrections.
Fla. Stat. § 957.04 Contract requirements
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(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 solicit…
Fla. Stat. § 957.05 Requirements for contractors operating contractor-operated correctional facilities
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(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 c…
Fla. Stat. § 957.06 Powers and duties not delegable to contractor
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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; h…
Fla. Stat. § 957.07 Cost-saving requirements
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(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 faci…
Fla. Stat. § 957.08 Capacity requirements
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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 …
Fla. Stat. § 957.09 Applicability of chapter to other provisions of law
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(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 comm…
Fla. Stat. § 957.11 Evaluation of costs and benefits of contracts
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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 operat…
Fla. Stat. § 957.12 Prohibition on contact
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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 eval…
Fla. Stat. § 957.13 Background checks
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(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 Enfor…
Fla. Stat. § 957.14 Contract termination and control of a correctional facility by the department
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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 d…
Fla. Stat. § 957.15 Funding of contracts for operation, maintenance, and lease-purchase of contractor-operated correctional facilities
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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…
Fla. Stat. § 957.16 Expanding capacity
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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. …