Senate Bill sb0886

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    Florida Senate - 2005                                   SB 886

    By Senator Wise





    5-889-05

  1                      A bill to be entitled

  2         An act relating to prison industries; creating

  3         the Prison Industries Task Force within the

  4         Office of the Auditor General; requiring the

  5         task force to determine how well the prison

  6         industries program has fulfilled its statutory

  7         mission and purpose; providing for the

  8         appointment of members to the task force;

  9         requiring the task force to hold a minimum

10         number of public meetings; providing that the

11         meetings and records of the task force are

12         subject to public-meetings requirements and the

13         public-records law; providing for members of

14         the task force to be reimbursed for per diem

15         and travel expenses; requiring the Office of

16         Program Policy Analysis and Government

17         Accountability to provide staff support for the

18         task force; specifying the duties of the task

19         force with respect to conducting a study,

20         collecting statistics and data, and taking

21         testimony; requiring the task force to submit a

22         report to the Governor and the Legislature;

23         abolishing the task force on a future date;

24         amending s. 946.505, F.S.; clarifying the

25         state's reversionary interest in the

26         facilities, property, and assets of the

27         corporation operating a correctional work

28         program; providing an effective date.

29  

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

31  

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    Florida Senate - 2005                                   SB 886
    5-889-05




 1         Section 1.  Prison Industries Task Force.--

 2         (1)(a)  There is created within the Office of the

 3  Auditor General the Prison Industries Task Force for the

 4  purpose of determining how well the prison industries program

 5  has fulfilled its statutory mission and purposes, what

 6  economic and societal value the prison industries program has

 7  produced for the state, and whether the statutory mission of

 8  the prison industries program is feasible and relevant today

 9  and for the future.

10         (b)  The task force shall consist of the following 14

11  members:

12         1.  The Secretary of Corrections and three wardens of

13  prisons that have prison industries programs;

14         2.  A representative from the Agency for Workforce

15  Innovation;

16         3.  A representative from the Office of Workforce

17  Education within the Department of Education.

18         4.  A representative from Florida TaxWatch;

19         5.  A member of the Senate, appointed by the President

20  of the Senate;

21         6.  A member of the House of Representatives, appointed

22  by the Speaker of the House of Representatives;

23         7.  A representative from the board of directors of the

24  private nonprofit prison industries corporation, as defined in

25  section 946.503, Florida Statutes;

26         8.  A representative from a governmental or

27  private-sector entity that purchases products that are

28  produced by prison industries;

29         9.  A representative from a private industry that

30  employs former inmates;

31  

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    Florida Senate - 2005                                   SB 886
    5-889-05




 1         10.  A representative from the academic community who

 2  has expertise in research concerning the reentry of former

 3  prisoners into society and the employment of former felons;

 4  and

 5         11.  A former inmate who worked in the prison

 6  industries program.

 7         (c)  The Auditor General shall appoint the members of

 8  the task force described in subparagraphs (b)7.-11. by July 1,

 9  2005, and the appointees shall be representative of the

10  geographic regions and ethnic and gender diversity of this

11  state.

12         (d)  The task force shall hold its first meeting by

13  July 15, 2005, at which time the members shall select by

14  majority vote a chairperson from among the task force members.

15         (e)  All recommendations of the task force shall be by

16  majority vote.

17         (f)  The task force shall meet at the call of its

18  chairperson and shall conduct at least five public meetings.

19         (g)  Meetings of the task force shall be open to the

20  public and are subject to the requirements of section 286.011,

21  Florida Statutes. Records of the task force are public records

22  and subject to chapter 119, Florida Statutes, except to the

23  extent that public access to any of those records is

24  restricted by law.

25         (h)  Members of the task force shall serve without

26  compensation, but are entitled to reimbursement for per diem

27  and travel expenses in accordance with section 112.061,

28  Florida Statutes.

29         (i)  The Office of Program Policy Analysis and

30  Government Accountability shall provide staff support for the

31  task force.

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    Florida Senate - 2005                                   SB 886
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 1         (2)(a)  The task force shall study, collect statistics

 2  and data, and take testimony concerning the following:

 3         1.  Are the statutory missions of the correctional work

 4  program still valid?

 5         2.  Should other valid missions be included within the

 6  program?

 7         3.  Does any current or recommended mission conflict

 8  with any other valid mission?

 9         4.  Should the missions be ranked in order of priority

10  and, if so, to what extent can accomplishment of a

11  higher-priority mission be reduced in order to accomplish a

12  lower-priority mission?

13         5.  Is the operation of the correctional work program,

14  which duplicates as closely as possible free-world production

15  and service operations, the most effective manner in which to

16  accomplish the missions of the correctional work program?

17         6.  Is the current operation of the correctional work

18  program achieving the valid missions of the program?

19         7.  Should the structure for managing the correctional

20  work program be changed in order to facilitate accomplishing

21  the missions of the program?

22         8.  Is operating the correctional work program

23  independently of state government the most effective manner in

24  which to accomplish its mission?

25         9.  Has PRIDE fulfilled the legislative intent stated

26  in section 946.502(6), Florida Statutes, that correctional

27  work programs use inmates in all levels of custody, with

28  specific emphasis on reducing idleness among inmates in close

29  custody?

30         10.  To what extent has privatization of governmental

31  functions and changing markets reduced sales by PRIDE and

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    Florida Senate - 2005                                   SB 886
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 1  therefore impeded its ability to expand prison industry

 2  training?

 3         11.  What is the effect and the effectiveness of

 4  PRIDE's three main responses to declining sales over the past

 5  decade, which have been corporate restructuring, creation of

 6  private partnerships, and increased marketing to other levels

 7  of government, such as counties, municipalities, and school

 8  districts, and to nonprofit organizations and other states?

 9         12.  What creative strategies could enhance PRIDE's

10  ability to increase prison industry sales and increase inmate

11  training?

12         (b)  The task force shall submit a report of its

13  findings and recommendations to the Governor, the President of

14  the Senate, and the Speaker of the House of Representatives by

15  January 15, 2006.

16         (3)  All meetings of the task force and all business of

17  the task force for which reimbursement may be requested must

18  be concluded before the report is filed. The task force is

19  abolished July 1, 2006.

20         Section 2.  Subsection (1) of section 946.505, Florida

21  Statutes, is amended to read:

22         946.505  Reversion upon dissolution of corporation or

23  termination of lease.--

24         (1)  In the event the corporation is dissolved or its

25  lease of any correctional work program expires or is otherwise

26  terminated, all property relating to such correctional work

27  program which ceases to function because of such termination

28  or dissolution, including all buildings, land, furnishings,

29  equipment, and other chattels and assets, whether originally

30  leased from the department or, as well as any subsequently

31  constructed or otherwise acquired facilities in connection

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    Florida Senate - 2005                                   SB 886
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 1  with its continued operation of that program, automatically

 2  reverts to full ownership by the department unless the

 3  corporation intends to use utilize such property in another

 4  correctional work program. Such a reversionary ownership

 5  interest of the state in any and all such after-acquired

 6  facilities, property, and assets by the corporation is in

 7  furtherance of the goals established in s. 946.502(4), and

 8  such a present ownership interest by the state is a continuing

 9  and insurable state interest.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Creates the Prison Industries Task Force within the
      Office of the Auditor General to determine how well the
16    prison industries program has fulfilled its mission and
      purpose. Requires that the task force hold at least five
17    public meetings. Provides that open-meetings and
      open-records laws apply to the task force. Requires the
18    Office of Program Policy Analysis and Government
      Accountability to provide staff support for the task
19    force. Requires that the task force report to the
      Governor and the Legislature. Provides that the state has
20    a reversionary ownership interest in property and assets
      of the corporation that operates any correctional work
21    program.

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