1997 Florida Code
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 945 Department Of Corrections  
945.215   Inmate welfare and employee benefit trust funds.

945.215  Inmate welfare and employee benefit trust funds.--

(1)

(a)  All moneys held in any auxiliary, canteen, welfare, or similar fund in any state institution under the jurisdiction of the Department of Corrections shall be deposited in the Inmate Welfare Trust Fund of the department, which fund is created in the State Treasury, to be appropriated annually by the Legislature and deposited in the Department of Corrections Grants and Donations Trust Fund. However, moneys budgeted by the department for the purchase of items for resale at canteens or vending machines must be deposited into local bank accounts designated by the department. The department shall submit to the President of the Senate and the Speaker of the House of Representatives by January 1 of each year a report that documents the receipts and expenditures, including a verification of telephone commissions, from the Inmate Welfare Trust Fund for the previous fiscal year. The report must present this information by program, by institution, and by type of receipt.

(b)  Beginning with the legislative appropriation for fiscal year 1995-1996 and thereafter, the money in the Inmate Welfare Trust Fund must be used exclusively:

1.  To purchase items for resale at the inmate canteens or vending machines maintained at the correctional facilities;

2.  To employ personnel and inmates to manage, supervise, and operate the canteens and vending machines at the correctional facilities;

3.  For operating and fixed-capital expenses associated with the operation of inmate canteens and vending machines;

4.  To employ personnel to manage and supervise the proceeds from telephone commissions;

5.  To employ personnel for correctional education to provide literacy programs, vocational training, and academic programs that comply with standards of the Department of Education;

6.  For operating and fixed-capital expenses associated with the delivery to inmates of literacy programs, vocational training, and academic programs that comply with standards of the Department of Education;

7.  For operating and fixed-capital expenses associated with the operation of inmate chapels, libraries, and visiting pavilions;

8.  To employ personnel to operate the libraries, chapels, and visiting pavilions;

9.  For expenses associated with various inmate clubs;

10.  For expenses associated with legal services for inmates;

11.  To employ personnel to provide inmate substance abuse treatment and transition and life skills training programs; and

12.  For operating and fixed-capital expenses associated with the delivery of inmate substance abuse treatment and transition and life skills training programs.

The total annual expenditures for items listed in subparagraphs 5. and 6. must exceed the total annual expenditures for items listed in subparagraphs 7. through 12. Funds in the Inmate Welfare Trust Fund or any other fund may not be used to purchase cable television service, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreation purposes. This paragraph does not preclude the purchase or rental of electronic or audiovisual equipment for inmate training or educational programs. The department shall develop administrative procedures to verify that contracted telephone commissions are being received, that persons who have accepted collect calls from inmates are being charged the contracted rate, and that contracted telephone companies are accurately and completely recording and reporting all inmate telephone calls made.

(c)  There shall be deposited in the Inmate Welfare Trust Fund all net proceeds from the operation of canteens, vending machines, hobby shops, and other such facilities and any moneys that may be assigned by the inmates or donated to the department by the general public or an inmate service organization for deposit in the fund. However, the department shall refuse to accept any donations from or on behalf of any individual inmate. The moneys of the fund shall constitute a trust held by the department for the benefit and welfare of the inmates of the institutions under the jurisdiction of the department.

(d)  There shall be deposited in the Inmate Welfare Trust Fund such moneys as constitute repayment of the one-time sum appropriated pursuant to s. 946.008.

(e)  Any contraband found upon, or in the possession of, any inmate in any institution under the jurisdiction of the department shall be confiscated and liquidated, and the proceeds thereof shall be deposited in the Inmate Welfare Trust Fund of the department.

(f)  The secretary of the department or the secretary's designee may invest in the manner authorized by law for fiduciaries any money in the Inmate Welfare Trust Fund of the department that in his or her opinion is not necessary for immediate use, and the interest earned and other increments derived from such investments made pursuant to this section shall be deposited in the Inmate Welfare Trust Fund of the department.

(g)  Items for resale at the inmate canteens or vending machines maintained at the correctional facilities shall be priced comparatively with like items for retail sale at fair market prices.

(h)  Notwithstanding 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 $45 to be expended for personal use on canteen items.

(2)  The department may establish an Employee Benefit Trust Fund. Trust fund sources may be derived from any of the following:

(a)  Proceeds of vending machines or other such services not intended for use by inmates.

(b)  Donations, except donations by, or on behalf of, an individual inmate.

(c)  Additional trust funds and grants which may become available.

Such fund shall be maintained and audited separately and apart from the Inmate Welfare Trust Fund. Portions of the fund may be used to construct training and recreation facilities at respective institutions. Such facilities shall be the property of the department and shall provide the maximum benefit to interested employees of both sexes, including teachers, clerical staff, medical and psychological services personnel, and officers and administrators.

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.