eLaws of Florida

  SECTION 945.215. Inmate welfare and employee benefit trust funds.  


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  • 1(1) 2INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.7-
    8(a) 9The net proceeds from operating inmate canteens, vending machines used primarily by inmates and visitors, hobby shops, and other such facilities must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund; however, funds necessary to purchase items for resale at inmate canteens and vending machines must be deposited into local bank accounts designated by the department.
    77(b) 78All proceeds from contracted telephone commissions must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund. The department shall develop and update, as necessary, administrative procedures to verify that:
    1191. 120Contracted telephone companies accurately record and report all telephone calls made by inmates incarcerated in correctional facilities under the department’s jurisdiction;
    1412. 142Persons who accept collect calls from inmates are charged the contracted rate; and
    1553. 156The department receives the contracted telephone commissions.
    163(c) 164Any funds that may be assigned by inmates or donated to the department by the general public or an inmate service organization must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund; however, the department shall not accept any donation from, or on behalf of, any individual inmate.
    224(d) 225All proceeds from the following sources must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund or, as provided in paragraph (2)(b), into the General Revenue Fund:
    2531. 254The confiscation and liquidation of any contraband found upon, or in the possession of, any inmate;
    2702. 271Disciplinary fines imposed against inmates;
    2763. 277Forfeitures of inmate earnings; and
    2824. 283Unexpended balances in individual inmate trust fund accounts of less than $1.
    295(e) 296Items for resale at inmate canteens and vending machines maintained at the correctional facilities shall be priced comparatively with like items for retail sale at fair market prices.
    324(f) 325Notwithstanding any other provision of law, inmates with sufficient balances in their individual inmate bank trust fund accounts, after all debts against the account are satisfied, shall be allowed to request a weekly draw of up to an amount set by the Secretary of Corrections, not to exceed $100, to be expended for personal use on canteen and vending machine items.
    386(2) 387STATE-OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.393-
    394(a) 395The State-Operated Institutions Inmate Welfare Trust Fund constitutes a trust held by the department for the benefit and welfare of inmates incarcerated in correctional facilities operated directly by the department.
    425(b) 426Deposits into the trust fund may not exceed a total of $2.5 million in any fiscal year. Any proceeds or funds that would cause deposits into the trust fund to exceed this limit must be deposited into the General Revenue Fund.
    467(c) 468Funds in the trust fund shall be used exclusively to provide for or operate any of the following at correctional facilities operated by the department:
    4931. 494Literacy programs, vocational training programs, and educational programs.
    5022. 503Inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family services and programs, and libraries.
    5193. 520Inmate substance abuse treatment programs and transition and life skills training programs.
    5324. 533The purchase, rental, maintenance, or repair of electronic or audiovisual equipment, media, services, and programming used by inmates.
    5515. 552The purchase, rental, maintenance, or repair of recreation and wellness equipment.
    5636. 564The purchase, rental, maintenance, or repair of bicycles used by inmates traveling to and from employment in the work-release program authorized under s. 587945.091(1)(b)588.
    589(d) 590Funds in the trust fund may be expended only pursuant to legislative appropriation.
    603(e) 604The department shall annually compile a report that documents State-Operated Institutions Inmate Welfare Trust Fund receipts and expenditures. This report must be compiled at both the statewide and institutional levels. The department must submit the report for the previous fiscal year by October 1 of each year to the Executive Office of the Governor and the chairs of the appropriate substantive and fiscal committees of the Senate and the House of Representatives.
    676(3) 677PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND; PRIVATE CORRECTIONAL FACILITIES.687-
    688(a) 689For purposes of this subsection, privately operated institutions or private correctional facilities are those correctional facilities under contract with the department pursuant to chapter 944 or the Department of Management Services pursuant to chapter 957.
    724(b)1. 725The net proceeds derived from inmate canteens, vending machines used primarily by inmates, telephone commissions, and similar sources at private correctional facilities shall be deposited in the Privately Operated Institutions Inmate Welfare Trust Fund.
    7592. 760Funds in the Privately Operated Institutions Inmate Welfare Trust Fund shall be expended only pursuant to legislative appropriation.
    778(c) 779The Department of Management Services shall annually compile a report that documents Privately Operated Institutions Inmate Welfare Trust Fund receipts and expenditures at each private correctional facility. This report must specifically identify receipt sources and expenditures. The Department of Management Services shall compile this report for the prior fiscal year and shall submit the report by September 1 of each year to the chairs of the appropriate substantive and fiscal committees of the Senate and House of Representatives and to the Executive Office of the Governor.
    865(4) 866EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF CORRECTIONS.873-
    874(a) 875The department may establish an Employee Benefit Trust Fund. Trust fund sources may be derived from any of the following:
    8951. 896Proceeds of vending machines, staff canteens, or other such services not intended for use by inmates.
    9122. 913Net proceeds of the recycling program.
    9193. 920Donations, except for donations made by, or on behalf of, an individual inmate, and except for donations made by a person who provides, or seeks to provide, goods or services to the department under a contract or an agreement, individually or through a corporation or organization.
    9664. 967Additional trust funds and grants which may become available.
    976(b) 977Funds from the Employee Benefit Trust Fund may be used for employee appreciation programs and activities and to construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Such facilities are the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.
    1034(c) 1035The Employee Benefit Trust Fund shall be established as a separate and distinct set of accounts, which shall be maintained centrally by the department, overseen by the secretary, and subject to an annual audit by the department’s inspector general.
    1074(d) 1075The department shall maintain sufficient data to provide an annual report, upon request, to the President of the Senate, the Speaker of the House of Representatives, and the Executive Office of the Governor on December 1 which lists the types of services provided using moneys in the trust fund and the allocations of funds spent.
    1130(e) 1131The department shall adopt rules under ss. 1138120.536(1) 1139and 1140120.54 1141to administer this subsection.
History.-s. 1, ch. 79-78; s. 10, ch. 85-288; s. 1, ch. 87-233; s. 5, ch. 94-273; s. 14, ch. 96-312; s. 1858, ch. 97-102; s. 3, ch. 98-388; s. 14, ch. 99-271; s. 4, ch. 2000-328; s. 1, ch. 2001-379; s. 1, ch. 2002-268; s. 10, ch. 2003-179; s. 9, ch. 2004-248; s. 3, ch. 2007-210; s. 90, ch. 2016-10; s. 2, ch. 2020-98.

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