Florida House Bill HB0095


570-110-8-5                                              HB 95
    

HOUSE SUMMARY

Creates the "Prison Safety Act of 1996." Requires the department to adopt rules prohibiting access by prisoners to weights and other weight training equipment. Provides an exemption for certain prisoners for whom weight training has been prescribed by a departmental physician for medical purposes. Provides for weight training equipment to be removed from the correctional system and donated to eligible entities.

+{ }+ represents underlined; words underlined are additions

-{ }- represents stricken; words stricken are deletions

House Bill hb0095


570-110-8-5                                              HB 95


              A bill to be entitled

 An act relating to the Department of

 Corrections; creating s. 944.111, F.S., the

 "Prison Safety Act of 1996"; providing a short

 title; requiring the department to adopt rules

 prohibiting access to weight training equipment

 by prisoners within state correctional

 institutions; providing a medical exemption for

 certain prisoners for whom weight training has

 been prescribed; providing for donation and

 removal from the correctional system of weight

 training equipment under specified

 circumstances; providing an effective date.



Be It Enacted by the Legislature of the State of Florida:



 Section 1.  +{Short title.--This act shall be known and

may be cited as the "Prison Safety Act of 1996."}+

 Section 2.  Section 944.111, Florida Statutes, is

created to read:

 +{944.111  Department to adopt rules denying prisoners

access to weight training equipment; medical exemption;

removal and donation of surplus weight training equipment from

correctional system.--}+

 +{(1)  In the interests of the safety, security, and

order of the correctional system, the Department of

Corrections shall adopt rules prohibiting access to weights

and other weight training equipment by prisoners within the

correctional system.  This subsection does not apply to any

prisoner suffering from a medical condition for which weight

training is currently prescribed for bona fide therapeutic


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570-110-8-5                                              HB 95




purposes by a physician, osteopathic physician, or

chiropractic physician who is employed by, or otherwise under

contract to, the department at the time of prescription.}+

 +{(2)  The department shall provide by rule for

donation by December 31, 1996, of all weights and weight

training equipment which are removed from the correctional

system pursuant to this act and which are not otherwise needed

by the department.  Each recipient of such donation must be

either a district school system or other entity of state or

local government, or a charitable institution as defined by s.

199.183(2)(c), in addition to meeting any other eligibility

requirements deemed appropriate by the department.}+

 Section 3.  Paragraph (c) of subsection (2) of section

199.183, Florida Statutes, reads:

 199.183  Taxpayers exempt from annual and nonrecurring

taxes.--

 (2)

 (c)  "Charitable institutions" means only:

 1.  Nonprofit corporations operating physical

facilities in this state at which are provided charitable

services, a reasonable percentage of which shall be without

cost to those unable to pay; or

 2.  Those institutions qualified as charitable under s.

501(c)(3) of the United States Internal Revenue Code of 1954.



Intangible personal property shall not be deemed to be owned

by such exempt institutions if it is held in a trust of any

kind under which the institution has no present interest in

the trust principal except the right to compel the performance

of the trust agreement.

 Section 4.  This act shall take effect July 1, 1996.


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History of Bill HB0095


General Bill H95: Prison Safety Act of 1996


GENERAL BILL by Flanagan (Similar 1ST ENG/ SB2436, Compare CS/1ST
ENG/ HB1411)
Prison Safety Act of 1996 creates said act; requires Corrections Dept.
to adopt rules prohibiting access to weight training equipment by
prisoners within state correctional institutions; provides medical
exemption for certain prisoners for whom weight training has been
prescribed; provides for donation & removal from correctional system of
weight training equipment under specified circumstances. Creates
944.111. EFFECTIVE DATE: 07/01/96.
10/09/95 H Prefiled
11/15/95 H Referred to Corrections; Appropriations
12/18/95 H On Committee agenda-- Corrections, 01/09/96, 9:00 am, 214C
01/09/96 H Comm. Action: Favorable with 1 amendment(s) by Corrections
01/17/96 H Now in Appropriations
03/05/96 H Introduced, referred to Corrections; Appropriations
-HJ 00018; Comm. Action: Favorable with 1 amendment(s) by
Corrections -HJ 00136; Now in Appropriations -HJ 00136
05/04/96 H Died in Committee on Appropriations, Iden./Sim./Compare
Bill(s) passed, refer to CS/HB 1411 (Ch. 96-312)


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