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llliPORT OF INVESTIGATION
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Coh-ectional Privatiz~tion.,Commission
, Maintenartce & Repai{ Funds

Office of Fiscal Integrity
Division of Accounting and Auditing
, Department of financial Services

DEPARTMENT OF FINANCIAL SERVICES (DFS)
OFFICE OF FISCAL INTEGRITY (OF!)
REPORT OF INVESTIGATION

DATE: March 5, 2004

CASE NUMBER:

IV20030100002

CASEN,AME:

Correctional Privatization Commission (CPC) - M~jor Maintenance
. and Repair (MM & R)Funds

INVESTJGATOR:

TomWade .

OmCE:

Tallahassee .

DATE OPENED:

January 2, 2003

RECEIVED FROM:

Co~troller's referral of 12/23/021etter from the Police·Benevolent
Association (PBA) to·Office of Fiscal Integrity. ,

PREDICATE:

ISSUE#l: .

December 23, ·2002 PBA letter to Florida Comptroller requested a
formal investigation into CPC MM & R Funds; (Exlu"bit A)
. Specifically, two questions were requested to be resolved:

1.

&'Did the. CPC illegally expend funds from the Major Maintenance .
and Repair Funds because the·Fund is not le~al?"

2.

''Did th~ CPC .violate the provis:j.on.oftheir contracts with the
v~ndors by not following ~e provi$ions within the contracts· as to
how these fun!fg were to be appropriated?"

Finding: The Fund was not legally authorized by statute or by legislative
Appropr-iation. Because contractors of CPC were required to pay
.
moneys into the Fund, beca~e CPC had legal ownership of moneys in
th~· Fund, and because CPC exercised control over the moneys in the
fund; the moneys in the Fund constituted state moneys that ate subject
to the requirements of Section 215.31, Florida Statutes. This means that
the CPC should have had legislative authority for the Fund. Refer to
Dec~tilber11; 2002 Bob Spooner,. ChiefBureau of Auditing,. letter on
this subject. (Exhibit B)
.
Corrective Action:
The Legislature in Section 27 of the 2003 APPropriation Bill has the
followilig wording: 'The Correctional Priv.atization Commission shall
'deposit $1,654,360 from unencumbered fu:i:l.dS received for the pUrpose
of repairs and maintenance to the Grants and Donations~Trust FUnd in .
the Department Management Services:" (Exhibit C)

ISSUE #2

·MM & R Funds ·contract language at 1/2/03 stated - "The contractor shall make
and be responsible for all routine and necessary repairs .of the facility, and all
. facility furnishings, ~tures, and equipment as long as the cost associated with
any maintenance is $5,000.00 or less (per item, per occurrence). 'Routine and
necessary repairs shall be defined as any maintenance or repair which has a
cost of $5,000.00 or less (per item, per occurrence)."
Findings: An analysis ofCPC MM&R expenditures found the following
categories of expenditures that violated the provisions of CPC
contracts with vendors.
•

Instances of CPC approvals for replacement of mult{ple
components as the result of a single occurrence of a lightening
strike. (Exhibit D) .

•

Approvals for upgrades, modifications, and enhancements for
Correctional·Facilities. (Exhibit E)

•

Teplporary loans from MM & R Funds for debt services for
Correction Facilities. (Exhibit F)

Current Status:
This issue remains unresolved evidenced by Exhibits G and H.
ADDITIONAL ISSUE:

$50,000 transfer from the MM & R Funds to CPC Operating Funds.
During the course of the investigation it was found that March 12,
2002, Mark Hodges, former CPC Executive Director, instructed
$50,000 of MM & R Funds be paid to the CPC for administrative
services. (Exhibit I)
.
Corrective Action:
Current CPC Executive Director, Alan Duffee, took corrective action'
with approval of the CPC to return the $50,000 to MM & R Funds
2/13/2003. (Exhibit J)

NOTE: The CPC is a part of Department of Management Services (OMS) for administrative support
purposes. Recommend future matters of this nature be reviewed to determine if the DMS InSpector
General should addres.s them.
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INVESTIGATOR'SSI~ -roM \/'.(,.1.. ....
DATE:~~

OFI BUREAU CHIEF APPROVAL:
DATE:

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Correctional Privatization Commission (CPC)
MM&RFunds

EXHIBITS
A.

.December 23,2002, letter from the Police Benevolent Association (PBA) to Comptroller
Milli~an, "Re: Request for an investigation".
.

B.

December 11, 2002 letter fromRobert Spooner, ChiefBur~au of Auditing, Department of
Banking and Finance, to.Alan Duffee, In~erim Executive Directive Director CPC.

C.

2003 Legislative Appropriation language regarding CPC MM & R Funds.

D.

Analysis summar;izing instances of GPC approvals ofMM & R Fun9s to be used' for
rePlacement of multiple components as the result·ofa single occurrence ofa lighting strike.

E. Analysis summarizing CPC approvals ofMM & R Funds for upgrades, modifications, and
enhancements, for correctional facilities.
.

.F.

Analysis summarizing temporary' loans fro~ MM & R Funds for 4ebt services for correctional
. . .
facilities.

G. October 23, 2003, PBA lett~r to CPC executive director Alan Duffee regarding MM & R Funds
not to be released.
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H. November 6, 2003,CPC letter
to PBA agreeing with the. October 23,2003 PBA letter.
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1.

March 12, i002, letter from Mark Hodges, former CPC executive director, instructing that
$50,000 ofMM & R Funds be paid to the CPC for administrative services.

J.

Corrective action by Alan Duffee, current CPC executive director, to return the above
$50,000 to MM & R Funds.

"

EXHIBIT A·

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.' "FLORIDA POLICE

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. 'BE~EVOL£NT .AsSoCIAi~ON" INC•.
The- Voice of FlQrit!a)s La~ EnJorc~rhen.~ Off~~ers
Post Office·Box 11~9 + Thllahassee, Flotidli ·32302
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. December 23,2002

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VIA HAND DELIVE~Y

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Honorable General.Robert Milligan.
Florida.Comp~61ler

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PL 09 The Capitol
: Tall~assee, FL 323.99-0350"

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: Re: Request for. an investigation .
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'. Dear Geri~r~ Milligan:.

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.Th~ Floricia Police B~ney~lent 'As~ociatio~ beli~ves .it has 'obtain~d Inf~~~tion

that'shows the FIOl;,jda. Correctional Pqvatizati.on ~0mm.i~sion (C~C) m~y. have .illegally·
pmd.outhUlidreds.ofthousands.of dol1~~ from a fund outside the State treasury',
. . . '.

~l a lett~r ~ated .~~c~~ber 1t·~;"2oo~i.t~\\l~ 'Du~ee~ ~~~ ~~e~~~ive Director~'

your' office resp.onded.to .an inq-qiryl;>y.'Mr: 'D,ilie~ abmit-the' C~C's ':tv.1~j~r Maint~nance ...
an~ R~pair Fun9- (attached). This ·~d "':'~ set. up' outside the"State TteasUry~ ~d,. your
. ·office· iJ,ldicates that ~es~. funds . ~'cQnstitute . St.ate· .moneys' :~d ar;e subj ec~ to,' the .'
. req~irements Of Section' 21.5,3.~, Florida statu.!es,~'" . . your· o:ft1~~ also ~dicate.s that these·' .
funds sho~d have be~~' ~pp.r;opriated.. lis: provided by .the. 'libntial General :Appropr~tions :
.. ". Act or otherwise proVided by l~~,. ."
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: '.... :. , The. ~BA' ~eUeves: 'the~e .~~ 'tw~ .js~~e~,.~at ~~'d to .~e· ~h~e~~g~t~d b;' t1?-e Offic~ .' .'
of.the·Co~p~oll~l,':··
.... .:....:..... , . ....
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I} 'Di~ th~ CPC i1le~allY" ~xp~~d tupd~.frqm. tl1~ Maj~r ·.Ma41t~nance and Re~air
. funds'because the' Fund .is n~t legal;' aIid,. '.. '. . . ,'.' . .
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.' .' ... \;:.~ .
2): D.id,'the <;PC: violate' the provi~i9n of 'their con1;racts' With th~ y~n~+s by~ot ":;:' .
. . follow41g th~ prQv~sions witlriJ,l.the ¢ontr?-cts as to how these .fuilds·~ere t~~ S:;,
. , appr6p~ate4?· :.'
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3.00 East .Brevard Street, T~lahassee,Flori,da': 32301-1218
.. (850) 222..3329.'.. 1-800-733-3722:+ ·PAX: (850) 561-0192

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.FLOan)A POLICE B~~EVO~ENT ASSOCIAj'tON BtJILDING.

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Honorable General Robert Milligan
December 23, 2002
Page Two

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Therefore, we are requesting a formal iO:vestigation into these funds to answer the above
two questions.. If either is answered in the. affIrmative, we believe. that the Comptroller's'
Office has the duty-to recover hundreds of thousands of dollars. on behalf of Florida's
taxpayers.
S~cerely,

.""~t~
~d Murrell
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Executive Director
Atta:clmient
C: Alan Duffee -

"'~ Voice· ojLaw Ertforce'YYtent

'EXHlBITB

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OFFICE OF THE COMPTROLLER
DEPARTMENT OF B~NG .~7' FrNANR~:

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STATE OF FL.OR:IrfA1

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""ALLAHA'SSEE
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3 2 3 9 9 -,03 50 :-'!l.\ \.I;~TI7. AliON

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or. noama.'

December 11, 2002

Mr. Alan'Duffee
'Interim Executive pirector
correctional privatization Commission
.Pepper Building, Suite 680
Tallahassee~ Florida 32399~0950'
Dear Mr. Duffee:
'.

'

This is in response to your letter dated September 30,
the 'Major, Maintenance and Repair Reserve Fund (Fund).
letter you question the legality of maintaining
Fund
the State Treasury, and also the disbursement of these
without a legislative appropriation.
'

a

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,

concerning
In your
,outside
f'unds'

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understand the 'facts to'be as follows. The Fund is' a bank
account maintained with First Union' Bank. First Union 'Bank also
acts as Tru~tee with,regard to the master lease ,agreement.
Contractors operating the facilities a~e responsible for all
rout~ne and necessary.repairs of. the facil~ty, and all facility
furnishings, fixtures, and equipment' so long as the cost
associated with any ,maintenance or r~pair h~s a cost of $5,000 or
less. Each contractor'is re.quired to deposit a·spec~fied sum of
money each month intq the Fund. Requests for reimbur'seinent for
maintenance or repair costs in excess of '. $5,000 must be
submitt'ed to the. Executive Director of the: Commission. Subj ect
'to the receipt of written approval from the Executive Director of
the'Commission, the costs of such major maintenance or repairs
shall be charged to the Fund. The contract provides , that the
Commission shall be the owner ot the "Fund, and the contractor
shall have no rights, other than as set forth in the'contract., in
·the Fund or in any Fund earnings.
I

The creati:on o.f the Fund and procedures for depositing money into
and disbursing money from the Fun~ ,was 'for' the protection of the
State. It gives the State a,cert~in level of assurance that the
f'acilities will be in good order at the time the State takes
possession of ,the facili ties upon terminatiori. of the lease. We
concUr that ,this procedure protects the State's interest in the
facili~ies.
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, Mr. AI.an. Duff ee
December 11, 2002
Page, Two
Section '215.31, Florida Statutes, provldes:,'
Revenue, including licenses,' fees," imposts, or exactions
collected or received under ~he authority of the laws of the
state by each and every state official, office, employee, bureau,
division,' board, commission, institutio~,agency" or undert~king'
of the s'tate or _the judicial branch shall. be promp~lY deposited
in the State Treasury, and immediately credited, to the
appropriate fund as herein provided, properly accounted for by
the Departme~t .of Bank,ing and Finance as to source and no money
shall be paid from the S:tate Treas'uzy except as' appropriated and
provided by the annual General Appropriations Act, or as
otherWise provided by law.
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Because c.ontractors are required to pay moneys 'into the Fund';, the'
Commiss'ion has le'gal ownership of moneys in the' Fund; and the'
Commission exercises control over these moneys, we ~reof the
opinion the moneys deposited into the, Fund constitute State
moneys ~nd are subject to the requirements of Se9tion,215.31,
Florida Statutes. Therefore" we recommend that the Commission
seek ,specific: legisl'a:tive authority to authorize th.e procedur~'
currently in place and exempt it from the requirements of Section
'215.:H, Florida St,atutes. .
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I hope 'this information is benefi~ial.
questions', ple~se call me at 410-9363.
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If· you have any

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Sincerely;,

IIAJ 0,1---.

Robert. 'D. Spooner, Chief
Bureau of AUditing
RDS/fe
c: Sandra Sartin
Office of Planning"&: Budgeting

., EXHIBITC

.Ch. 2003-397

Ch~

LAWS OF FLORIDA

2003-397

Department must,prepare a detailed operational work plan.
SECTION 23. 'Funds provided in Specitic Appropriations 217 thro~lh 419
,in th~ Department ot Children and P.~ily Services utllizinl' unrestricted
trust tund cash are l1mited to ·the continuat'ton appropriatioll 'level and
specified additional amounts' and, purposes contained" in the General
,Appropriations Act.
The
department
is ,not authorized to use
unrestricted trust tund cash 'beyond these levels qr tor p~rposes not
,pecttied on the approved UsUn" and' is hereby restricted from doiul
so.
SECTION ,24.
'The Department ot Children and FamUy Services' is
authorized to utilize non-operating ~r.anster authority to provide Social
Services Block Grant 'tunding to the Department of Juvenile Justice,
Agency for Worktorce Innovation, and the Department pt Health to support
,the budget prOVided in the Fiscal Year 2003-2004 General Appropria~ions
Act.
No other, transters of Social, Services Block Grant fundinl are
alJthorized.
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SECTION 25. The Department ot Children and Famiiy Services may transter
up to $3,500,000 trom the department's unrestricted. cash to the Gra~ts
and, Donat~ons Trust Fund in the Justice Admi~istration Commission tor
the purpose ot funding the Dependency Counsel P~olram.
SECTION 26. 'The unexPended balance ot funds prOVided to the Department
ot Children and PamilY,$ervices in'Specitic Appropriation 28SA ot
Chapter 2002-394, Laws ot Plor-ida, tor the implementation ot the
StateWide Automated Child Weltare Information System BomeSatenet project
are hereby reappropriated to the' Department ot Children and Family
Services to enable the Department to retain a System Integrator in
Fiscal Year 2003-2004 tor the completion ot the HomeSatenet project in
accordance with recollllDendations' identitied, in the HomeSatenet Project
Strategic Plan dated March 31, 2003 'and the approved'~ederal Advance
Planning Document tor ,the HomeSatenet project. Funds reapprQP~ia~ed
wi thin ,this section shall not be used to purchase, 'lease, or otherwise
acquire hardware or sottware products or services without prior approva~
by the Senate and House Appropriations Committees and the Executive
Ottice ot the Governor pursuant to' the proviSions in Chapter 216,
Florida Statutes.
SECTION 27.
The Correctional Privatization COllllDission shall deposit
$1,654,360.' trom unencumbered funds received tor the purpose 'ot repairs
and maintenance to the Gr~nts and Donations Trust Fund in the Department
ot Manacement Services.
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SECTION 28.
Funds in this act may be expended tor bar dues and for,
lelal education courses for attorneys employed by th~ ~tate as' legal
statt.
S£eff6N 19.
to

tlte

aaptet

flte wzei"e"cted ualance of
8epax emau t '.ot Act leal tUl e in

leel98ot.

taws

at

Pio,lda.

fOI

tbe

eltlQS

StUkeL

1'lee

tampeDsaeLod Ploixam is lteieby leuel ted.
~ECTION 30.
The unexpen4ed balance 'ot funds 'provided to the State
TechnololY Ottice in. Specific Appropriation 2175A ot Chapter 2002-394,
Laws ot Florida, tor Health Insurance Portabili~y and Accountability Act'
(HIP~) ,implementation is hereby reappropriated to the State Technology
Ott ice to continue HIPAA implementation ac~ivities tor Fiscal Year
2003-2004. '
,

',I,

SEcrlqN 31.
(1) Ettective'qpon this act becoming law, $100 million in
the
Florida
Preservation ,2000 Trust Pund in the Department ot
Environmentai Protection is transterred to the Save Our Eve~lades Trust
Fun~
in the Department ot Environmental Protection as a res~lt ~t,
addi tional' tunds beinc made available wi,thinth~' Florida Preservation
2000 TrUst Fund trom,the purchase ot surety bo~ds aU~hori~ed ~ursuant to
the Division ot Bond Finance Twenty-Second Subsequent Resolution adopted
by ,the Governor and', Cabinet 'on, February 25, 2003, 'in order to tund
Specific Appropriation 1770 ot Chapter 2002-394', Laws of Florida.
(2Y
Ette~ive 'upon' this act becoming law, the tirst paraeraph ot
proviso immediately tollowina Specific Appropriation 1770 in Chapter
2002-394, Laws ot Florida is repealed.
,(3)
Ettective uPQn this ,act becoming law, Specific Appropriation 176SB
an~
the ~wo paragraphs ot proviso immediately ,tollo~ing it,in Chapter
2002-394, Laws of Florida, are ~epealed.,

3657
,CODING: Language striekeft has been vetoed by the Governor

STATE OF FLORIDA DEPART~ENT OF FINANCJAL SERV,CES
FEBRUARY 19. 2004
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,C'ORRECTIONAL'PRl VATIZATION COMMISSION
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INSTANCES OF cpe APPROVALS FOR REPLA =EMENT OF' MULTIPLE ,eO'MPONENTS
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.THE RESULT OF

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, ASJ'NGLE OCCURRI .NC·E·OF A LIGHTENING STRI:Kf

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INSTITUTION'

APPROVAL
DATE

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TOTAL
COST

01/~1/01

$5.000.0.0

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. $14.482.23

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DES~ON

DEDVcnON APPROVAL

07122102 $110,421.30 .

MOORE HAVEN

N}jT

$5.000.00 '

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LIGHTNING STRIKE - EXTERNAL DAMAGE TO MULTIPLE
COMPONENTS OF ELECTRONic 'SECURITY. HvAc. & FIRE
$105.421.30 CONTROL " .
LIGHTNING
STRIKE
.. DAMAGE
OF '
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. TO MULTIPLE COMPONENTS
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$9,482.23 ELECTRONIC SECURITY& HVAC SY§.TEM~
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LIGHT~ING .DA~GE

02115/99
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$12,771.80

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12103199
DISAPPROVED . $11.596.86

BAY

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07/19/99

$49.486.00

- 3 CAMERA$, 1 COMPUTER, &
$5.000.00 .
$.7.771.80 MISCELLANEOUS MONITORING EQUIPMENT
MULTIPLE
$5,000.00
LIGHTNING DAMAGE,:, 6 CAMERAS & OTHER MISC~LLANEOUS
$0.00 MONITORING EQUIPMENT*
DEDUCTION
.* THIS WAS PROCESSED CORRECTLY
LIGHTNING DAMAGE - CRASH GATES, 'lI<;3HTING, AIR "
'$0.00*
$49.846.00 CONDITIONING,
GENERATOR,'
SECURITY SYSTEM, lV, ETC.
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* $5.000 DEDUCTION DID NOT APPEAR TO HAVE BEEN 'DEDUCTED : .
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SOUTH BAY .'
. 07/23/02

$46,158.93

. $5,000.00

LIGHTNING DAMAGE - MULTIPLE COMPONENTS OF THE
ELECTRONIC SECURITY & HVAC SYSTEMS - SINGLE
$41,1~8.03 OCCURRENCE .

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STATE OF FLORIQA DE;PARTMENT OF FINANCIAL SERVICES

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FEBRUARY 19'. 2004

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CORRECTIONAL.·PRJ VATiZATION COMMISSION

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$40.204.64 UPGRAD~S To FACILITIES PERIMETER FENCING TO ENHANCE OVERALL SECURITY

.11/31/02.8/21/00

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$69.173.92 MODIFICATION OF ADMINISTRATION AND GATE

10/1.7/02

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$26.900.00 SECURITY ENHANCEMENTS - FENCING OVER ROOF

. 03/06/01

. SOUTH BAY
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SECURITY E-NHANCEMENTS - ADDITIONAL MONJTORS. CAMERAS."PRINTE~S &2 '"
$40.151.00 ADDITJONAL MICROWAVE ZONES

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STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVIcES
FEBRUARY 19, 2004

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$1,000,000.00 LOAN DEBT ~ERVICE

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$123,465.67 LOAN TO DEBT SERVICE
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EXHmtrG

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FLORID~ POLI<;E

~ENEYOL~NT A~SOC~TION, INc~
The' VtJi~e olPlorida'$ Law Enforcement Officers

Post Office Box 11239 ... T~ilahassee, ,Florida 32302
October 23,2003

, HAND DELIVERY

Mr. ,Nan ~ffee
Executive Director
,Fl9rida Correctional 'Privatization Commission
Pepper Building, '
. 111 West Madison St, Ste 680 '
'Tallahassee, Fioricla 32399, .

Dear Mr. Duffee: , '
. Pet our r,ecent conversation

Oti Tuesday', October 2~ it:, ~e Florida PBA is very con~'emed about'

the b~dget amendmetlt for $550,000 in Major Maintenance and Repair ·Funds. "Qui: flIst ·co~dem is

expending any, of these ~ds BEFOR& 'the Office ~f Fiscal Integrity has completed its inv~tigation into· ,
these funds.
. .,.

Our second issue of concern is-whether Some of MM&RF requests q'!lalify for reimbursement.
While the FPBA belieyes a number of these requests d0l.l't meet the contract, provisiQns for :M:M&RF
reimbursement, it would be in the best interest ofth<, Correcp-onal Privatization Co~ssion Q.Ildthe State
to wait' for..the 01;11 report to' resolve thesei.Ssue~. Onc~ these fun~s ·are expended, it' would be alm:ost
impossible to recover the~.
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of

. ' It is our ~derstanding ~t you have agreed NOT to release any these run:ds until after 'the OFI .'
report .indicates the. requests ~e legal expen,ditures under the .MM&RF provisions o~ the CPC contracts.
Thi~' ~ction on your part greatly r~lieves, our concenis and' delays' any'legal actions the FPBA' was
co~sidering taking 9n'thi~ i~.sue.
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If you have any questio~s abo~t this'~eq~est, please call me at ~~ number,listedbel~w.:
,Siricerely~

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Ken.:Kopczynskf
Legislative Assistant
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GQvemor Jeb Bush
Tom Wade, OFI

'FLORIDA POLICE B:£NEVOLENT ASSOCIATION BUILDING
'~OO East Breyard Street, Tallahassee,Florida 32301-.1218, ,
(8~0) 222-3329 .. 1-800-733-3722 •
FAX: (850) 561-0192

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EXHIBITH
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Correctional Privatization Comini
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4050 :FsplaoadtWU1 • Pepper Building;Suire 680 ~ 'JWnliassee.flodda'323~ '
8S0I92l~ • .Pax 8501922-7'm

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FIocida PQ&c B=~ &a:neiarion I:Dc.

Boz1m9
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T~ee.

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FLS2302 .

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~Mo>~,.r;,~

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Tbi$1etmt~ to ~ ~~a1ica,that1be ~ wUtn«fCi'" -r~,rhemajOt'
Win~~ tepair b:mt £tw1 to' fhe.~1'S until the mat:te2: lw b.cei1 %eSo1ved ~ the Office of die

01ie.£ Fiaauc:ial O~.A$ you bow MI:'. Tom ~ has
~p 0I11ba apendi~ of the old fuDd.
' ,'"

bem investigaq this issue aDd hQ not messed 1
.

I hOpe. tha this 1ettl!t wilt. $how 1he ~ that r!le 'coaUnis. is putdnc bth 10 ~ secountabili
OA bdtali of tbU lJdm.jnisttalioll. .
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.AlmB. IJufIU

2'leeatin DirecCOl:
Co=c.tional P.tivati2ation CommissiQn

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EXHiBIT I

Correctional.Privatization C.ommission
4050 ~lanadeWay e P~per Building, Suite 680 eTaIlaftaso;ee, Florida. 32399-f850'
.
850~21-4034 e F3X8501922~7594

March 12, 2002

Mr. Kevin Grant
First Union Bank
225 Water Street
3rd Floor
.
Jacksonville, Florida 32202 .
i

. Dear MI. Grant: .

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pa~ $50,00~.oot~ th~

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Privatiza~IiCotIm:rission.f~rachnim~ative

Please
Correctional
.
. services from the "CoIJ;J..m..1ssioh InSurcmce Funds". Please deduct the following amounts
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.
from each correctional facilities account: .

Lake City
Moore Haven
. Bay
South Bay .
Total .

Account,#·
4056001034
',4056001052
4056001043
. 4056001061

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Amount
S 2.~07.41·
·l2 j 692.62 .'

15,975040
18.524.57

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S50.000.00

-Payment should be made to' the order of the Correctional Privatization Conunission and
mailed to:
..
Mark Hodges' .
Correctional Privatization CoIIlIIiission:
4050 Esplaride Way
Mail Stop - Pepper Building, Suite 680
Tallahassee, Florida 32J99-0950
If you need additionalinformatiori, please contact Sue Norris Herririgor me at 850/9214034.
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::;ZlY, /

M~S

Executive Director .

Bush
EllNOR

.Joel]. Freedman

c. Mark.Hodges

CHAIRPERSON

EXEClJ'11VE DIRECtOR

EXHIBITJ.
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"Ouff~e. Alan"

To:· ·'twade@mail.dbf.state.f1.us <twade@ritail.dbf.stateJl.us>
cc:
ln

<OuffeeA@dms.state.f .
.J.us.>
SUbject: FW:
01/27/2003.10:25 AM

Tom,

H~re is a copy·of the email I sent to the Commissioners. I recommended that
we repay the. funds that were transferred~ I will u~dat~ you ~s to their
iespons~. T~anks.·
.

Alan

> -----Original.Message----:>From: .
. Duffee, Alan
> Sent:
·.~ond~y, January 27, 2003 ·10: 19 AM .
> To:.
A,tkins~n (E;:·-mail); Bryan. Martine·z (E·-mail)·;· Lbeqard (E-mail);
> RRR1930bob (E-mail); Sblock (E7mail)
> SUbject:
>..
>
> Commis~foners,
>.
> I spoke with· the CFO's office. on F~iday.Last March the Executive Director
> and Senior Budget Analyst authorized $50,000 be transferred. from·the Major
> Maintenance and Repair Fund·to the.Commission account·to cover a
> "shortfall" in the account. This· transfer is now the subject of an
> investigation £rom the CFO. After talking wLth the investigator, and
> researching· the legality of the transfer, I ·believe that ~he investigation
> is going to render, that it wa$ an illegal a c t . ·
.
> I am recommending that the commission repay this money to the Major
> Maintenance and Repa1r Fund. I believe that this is. the right thing to do
> and suggest that we do it prior to·being told to do so. Even· tho~gh this
> transfer was done. after four of you were appointed to this commission, the
> investigation. shows.that none of yqU had· any knowledge of t~e fo~er
> employees actions.
.
>
.
. > I am awaiting 'your .response.
>

> Thanks,
> Alan Duffee