HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1219 State-Operated Institutions Inmate Welfare Trust Fund
SPONSOR(S): Justice Appropriations Subcommittee, Smith and others
TIED BILLS: IDEN./SIM. BILLS: SB 7018
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Justice Appropriations Subcommittee 15 Y, 0 N, As CS Smith Keith
2) Appropriations Committee 26 Y, 0 N Smith Pridgeon
SUMMARY ANALYSIS
In 1979, the Florida Legislature established the State-Operated Institutions Inmate Welfare Trust Fund within
the Florida Department of Corrections (FDC) for the deposit of proceeds from the sale of inmate canteen items
and inmate collect telephone calls to fund programs for the benefit of inmates, including educational,
vocational, and substance abuse programs. This trust fund was repealed in 2003 and all proceeds, which were
previously deposited into the trust fund, were diverted to the General Revenue Fund.
In 1998, the Legislature established the Privately-Operated Institutions Inmate Welfare Trust Fund (Private
Trust Fund). The Private Trust Fund was created for the benefit and welfare of inmates incarcerated in private
correctional facilities under contract with FDC or the Department of Management Services (DMS). The net
proceeds derived from inmate canteens, vending machines, telephone commissions, and similar sources at
private correctional facilities are deposited into the Private Trust Fund. The Private Trust Fund is currently
active.
During the 2020 Legislative Session, the Legislature re-established the State-Operated Institutions Inmate
Welfare Trust Fund (Trust Fund) within the FDC. The Trust Fund was created for the benefit and welfare of
inmates in state-operated correctional institutions. Proceeds generated from certain inmate purchases,
commissions, and donations are deposited into the Trust Fund, up to $2.5 million annually. Any revenues
generated over $2.5 million are deposited into the General Revenue Fund.
The bill authorizes the collection of revenue from additional sources for deposit into the Trust Fund. Additional
sources include proceeds obtained through the collection of damages pursuant to s. 960.293(2), F.S., cost of
incarceration liens pursuant to s. 960.292(2), F.S., and copayments made by inmates for nonemergency visits
to a healthcare provider.
The bill increases the authorized amount of deposits into the Trust Fund, from $2.5 million up to $12.5 million
per fiscal year, maintaining that all excess revenue above $12.5 million must be deposited into the General
Revenue Fund. The bill also allows for the funds in the Trust Fund to be utilized for fixed capital outlay for
educational facilities and to provide environmental wellness upgrades to facilities, including fixed capital outlay
maintenance and repairs that could improve environmental conditions.
To the extent that additional deposits into the Trust Fund would be redirected from deposit into the General
Revenue Fund, there is a negative fiscal impact to General Revenue receipts.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Inmate Welfare
Chapter 1979-78, Laws of Fla., created s. 945.215, F.S., establishing an Inmate Welfare Trust Fund
within the Florida Department of Corrections (FDC). Proceeds from the sale of inmate canteen1 items
and collect telephone calls made by inmates were used to fund programs for the benefit of inmates,
including educational, vocational, and substance abuse programs. This trust fund was repealed in
20032 and all proceeds, which were previously deposited into the trust fund, were diverted to the
General Revenue Fund.
Privately Operated Institutions Inmate Welfare Trust Fund
Chapter 1998-386, Laws of Fla., created s. 944.72, F.S., establishing the Privately Operated
Institutions Inmate Welfare Trust Fund (Private Trust Fund) within FDC.3 The Private Trust Fund was
created for the benefit and welfare of inmates incarcerated in private correctional facilities under
contract with the FDC or the Department of Management Services (DMS).4
The net proceeds derived from inmate canteens, vending machines, telephone commissions, and
similar sources at private correctional facilities must be deposited into the Private Trust Fund.5 The
funds in the Private Trust Fund may be expended only through legislative appropriation.6 The DMS is
required to annually compile a report that documents Private Trust Fund receipts and expenditures at
each private correctional facility by September 1 of each year and submit the report 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.7
State-Operated Institutions Inmate Welfare Trust Fund
During the 2020 Legislative Session, the Legislature established the State-Operated Institutions Inmate
Welfare Trust Fund (Trust Fund) within the FDC. The Trust Fund was created for the benefit and
welfare of inmates in state-operated correctional institutions.8 Proceeds generated up to $2.5 million
per fiscal year in specified revenue streams or donations must be deposited into the Trust Fund,
including:
Proceeds from operating inmate canteens, vending machines used primarily by inmates and
visitors, hobby shops, and other such facilities.9
Proceeds from contracted telephone commissions.10
Any funds that may be assigned by inmates or donated to FDC by the general public or an
inmate service organization.11
All proceeds from the following sources:
1 A canteen is a store within the correctional institution which sells a variety of items including food and toiletries. Inmate s are permitted
to purchase up to $100 of items from the canteen per week. S. 945.215(1)(f), F.S.
2 Ch. 03-179, Laws of Fla.
3 S. 944.72, F.S.
4 S. 944.72(1), F.S.
5 S. 945.215(3)(b)1., F.S.
6 S. 945.215(3)(b)2., F.S.
7 S. 945.215(3)(c), F.S.
8 S. 944.73(1), F.S.
9 S. 945.215(1)(a), F.S.
10 S. 945.215(a)(b), F.S.
11 S. 945.215(a)(c), F.S.
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The confiscation and liquidation of any contraband found upon, or in the possession of, any
inmate;
Disciplinary fines imposed against inmates;12
Forfeitures of inmate earnings;13 and
Unexpended balances in individual inmate trust fund accounts 14 of less than $1. 15
Revenues in excess of $2.5 million per fiscal year must be deposited into the General Revenue Fund. 16
The Trust Fund must be used exclusively to fund the following at state-operated FDC institutions upon
legislative appropriation:
Literacy programs, vocational training programs, and educational programs.
Inmate chapels, faith-based programs, visiting pavilions, visiting services and programs, family
services and programs, and libraries.
Inmate substance abuse treatment programs and transition and life skills training programs.
The purchase, rental, maintenance, or repair of:
Electronic or audiovisual equipment, media, services, and programming used by inmates;
Recreation and wellness equipment; or
Bicycles used by inmates traveling to and from employment in a work-release program
authorized under s. 945.091(1)(b), F.S.17
Effect of Proposed Changes
The bill authorizes the collection of revenue from additional sources for deposit into the Trust Fund.
Additional sources include proceeds obtained through the collection of damages pursuant to s.
960.293(2), F.S., cost of incarceration liens pursuant to s. 960.292(2), F.S., and copayments made by
inmates for nonemergency visits to a healthcare provider.
The bill increases the authorized amount of deposits into the State-Operated Institutions Inmate
Welfare Trust Fund from $2.5 million up to $12.5 million per fiscal year, maintaining that all excess
revenue above $12.5 million must be deposited into the General Revenue Fund. The bill also allows for
the funds in the Trust Fund to be utilized for fixed capital outlay for educational facilities and to provide
environmental health upgrades to facilities, including fixed capital outlay repairs and maintenance that
would improve environmental conditions of the correctional facilities.
The bill provides an effective date of July 1, 2023.
12 If an inmate is found guilty at a FDC disciplinary hearing of damaging, destroying, or misappropriating property, FDC can fin e the
inmate in the amount of the replacement value of the property. R. 33 -601.308, F.A.C.
13 If an inmate escapes, FDC determines the amount of an inmate’s earnings that should be forfeited to the Inmate Welfare Fund.
S. 946.002(4)(b), F.S.
14 An inmate’s family or friends may donate money to the inmate, which is held in trust for the inmate by FDC. The inmate may us e
funds from his or her inmate trust fund to purchase items at the canteen. S. 944.516, F.S.
15 S. 945.215(1)(d), F.S.
16 S. 945.215(2), F.S.
17 Id.
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B. SECTION DIRECTORY:
Section 1: Amends s. 945.215, F.S., relating to inmate welfare and employee benefit trust funds.
Section 2: Amends s. 945.6037, F.S., relating to copayments for non-emergency inmate healthcare
services.
Section 3: Reenacts s. 944.516, F.S., relating to money or other property received for personal use or
benefit of inmate; deposit; disposition of unclaimed trust funds.
Section 4: Reenacts s. 944.73, F.S., relating to State-Operated Institutions Inmate Welfare Trust
Fund.
Section 5: Reenacts s. 946.002, F.S., relating to requirement of labor; compensation; amount;
crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to
compensation insurance benefits.
Section 6: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill will have a fiscal impact of $10,000,000 on the General Revenue Fund, to the extent that
existing revenues are diverted from the General Revenue Fund to the State-Operated Institutions
Inmate Welfare Trust Fund.
2. Expenditures:
The bill authorizes $10,000,000 in additional deposits into the State-Operated Institutions Inmate
Welfare Trust Fund to be used for the benefit and welfare of inmates in state-operated correctional
institutions. To the extent that additional budget authority is provided through the General
Appropriations Act, expenditures from the Trust Fund could increase.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill authorizes the collection of revenue from additional sources for deposit into the Trust Fund.
Additional sources include proceeds obtained through the collection of damages pursuant to s.
960.293(2), F.S., cost of incarceration liens pursuant to s. 960.292(2), F.S., and copayments made by
inmates for nonemergency visits to a healthcare provider. Revenue collections from the additional
sources authorized by the bill are anticipated to average approximately $501,807, based on a three
year average of current collections.18
18Email from Jake Felder, Director of Legislative Affairs, Department of Corrections, RE: SOIWTF Revenue Sources
(Mar. 9, 2023)
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III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Justice Appropriations Subcommittee adopted a proposed committee substitute
(PCS) and reported the bill favorably as a committee substitute.
The PCS:
Authorizes the collection of revenue from additional sources for deposit into the State-Operated
Institutions Inmate Welfare Trust Fund.
Increases the authorized amount of deposits into the State-Operated Institutions Inmate Welfare
Trust Fund from $2.5 million up to $12.5 million per fiscal year.
Allows for the funds in the State-Operated Institutions Inmate Welfare Trust Fund to be utilized for
fixed capital outlay for educational facilities and to provide environmental health upgrades to
facilities.
This analysis is drafted to the committee substitute as passed by the Justice Appropriations Subcommittee.
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Statutes affected: H 1219 Filed: 945.6037
H 1219 c1: 945.6037