Florida HB 5403: Correctional Facilities Financing and Capital Improvements

Bill Text

HB 5403 2026

CODING: Words stricken are deletions; words underlined are additions.
hb5403-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to correctional facilities financing 2
and capital improvements; creating s. 944.751, F.S.; 3
providing legislative intent; providing an 4
appropriation to the Department of Corrections; 5
requiring appropriated funds to be used in a certain 6
manner; requiring the department to begin the planning 7
and design phase for the construction of certain 8
facilities; requiring the department to make certain 9
recommendations to the Legislature; requiring the 10
department to contract with a construction management 11
entity in certain circumstances; authorizing the 12
Division of Bond Finance of the State Board of 13
Administration to issue bonds for certain purposes; 14
creating a financing oversight committee; providing 15
membership and duties of the committee; providing an 16
effective date. 17
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WHEREAS, the State of Florida is facing a looming crisis 19
related to its correctional facility infrastructure, and 20
WHEREAS, many correctional facilities are more than 40 21
years old, lack air conditioning, and have become too costly to 22
maintain or modernize, and 23
WHEREAS, the age and design of the correctional facilities 24
have become a safety concern for correctional officers and staff 25

HB 5403 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

who work at such facilities, and 26
WHEREAS, the State of Florida lacks state-of-the-art 27
medical and mental health facilities to adequately care for 28
inmates, causing the Department of Corrections to serve inmates 29
in more costly private facilities, and 30
WHEREAS, the Legislature appropriated $850 million in the 31
2022-2023 fiscal year for the planning, design, and construction 32
of a new correctional institution and a new prison hospital unit 33
which was subsequently vetoed by the Governor, and 34
WHEREAS, the failure to construct new correctional 35
facilities could create systemwide capacity concerns which may 36
result in the premature release of dangerous criminals and put 37
the people of Florida at risk, and 38
WHEREAS, the Legislature has allocated $1.7 billion for the 39
Debt Reduction Program over the past 3 fiscal years and driven a 40
50 percent reduction in Florida's tax-supported debt, and 41
WHEREAS, it is incumbent upon the State of Florida to 42
prioritize limited resources to maintain the safe operation and 43
security of the state's correctional facilities to ensure public 44
safety and the safety of correctional officers, staff, and 45
inmates, and 46
WHEREAS, the immediate needs of the correctional facilities 47
demand the reprioritization of funding previously used to retire 48
debt that was financed at historically low rates to instead be 49
invested in Florida's correctional employees and system, NOW, 50

HB 5403 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

THEREFORE, 51
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Be It Enacted by the Legislature of the State of Florida: 53
54
Section 1. Section 944.751, Florida Statutes, is created 55
to read: 56
944.751 Correctional facilities capital improvement.— 57
(1) LEGISLATIVE INTENT.—The Legislature recognizes the 58
critical fixed capital outlay needs of the department. 59
Therefore, it is the intent of the Legislature to provide 60
funding through cash payments or proceeds of bonds distributed 61
under this section to address these needs. 62
(2) CAPITAL IMPROVEMENT FUNDING.—Notwithstanding s. 2, 63
chapter 2025-207, Laws of Florida, beginning in the 2026-2027 64
fiscal year and each fiscal year through 2066-2067, in lieu of 65
the transfer to the State Board of Administration for the Debt 66
Reduction Program, the Legislature shall appropriate $250 67
million in recurring funds from the General Revenue Fund to the 68
department to develop and implement a capital improvement plan 69
for new and existing correctional facilities. 70
(3) USE OF FUNDS.—From the specific amount appropriated 71
for capital improvement projects each fiscal year, the 72
department must use the funds in the following order of 73
priority: 74
(a) First, for the payment of debt service or funding of 75

HB 5403 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

debt service reserve funds, rebate obligations, or other amounts 76
payable with respect to bonds issued pursuant to this section. 77
(b) Second, to address the department's critical facility 78
needs, including, but not limited to, the construction of new 79
facilities or the maintenance and repair of existing facilities 80
of the department as appropriated in the General