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House Bill 1129c1

Florida House of Representatives - 1997 CS/HB 1129 By the Committee on Corrections and Representatives Peaden, Bainter, Healey, Fischer, Morroni, Clemons, Culp and Crow 1 A bill to be entitled 2 An act relating to correctional work programs; 3 amending s. 212.08, F.S., relating to specified 4 exemptions from retail sale, rental, use, 5 consumption, distribution, and storage taxes; 6 providing an exemption for products sold by the 7 corporation authorized to operate correctional 8 work programs; providing for applicability of 9 the exemption retroactive to July 1, 1983; 10 amending s. 283.31, F.S., relating to records 11 of executive agency publications; removing 12 requirement for financial and performance 13 audits of the corporation by the Auditor 14 General of the corporation; amending s. 15 946.503, F.S.; redefining "facilities" with 16 respect to correctional work programs; amending 17 s. 946.504, F.S., relating to lease of 18 facilities by the Department of Corrections to 19 corporation authorized to operate correctional 20 work programs, to conform; amending s. 946.505, 21 F.S., relating to reversion of property to the 22 department upon dissolution of corporation or 23 termination of lease, and reenacting s. 24 946.509(1), F.S., relating to insurance of 25 property leased or acquired by the corporation, 26 to incorporate said amendment in a reference; 27 providing for reversion of certain facilities 28 subsequently constructed or otherwise acquired 29 after the original lease; amending s. 946.511, 30 F.S.; revising objectives and priorities for 31 assignment of inmates to programs to specify 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 priority with respect to essential operational 2 functions and "revenue-generating contracts," 3 as defined; amending s. 946.512, F.S., relating 4 to inmate compensation plan, and reenacting s. 5 946.513(1), F.S., relating to disposition of 6 compensation received for private employment of 7 inmates, to incorporate said amendment in a 8 reference; providing for certain payments to 9 the Correctional Work Program Trust Fund in 10 lieu of the Grants and Donations Trust Fund; 11 removing provision for annual appropriation; 12 amending s. 946.515, F.S., and reenacting s. 13 946.518, F.S., relating to prohibitions on sale 14 of goods by prisoners, to incorporate said 15 amendment in a reference; permitting the 16 furnishing or sale of services or items 17 produced by the corporation when not otherwise 18 prohibited by law; amending s. 946.516, F.S.; 19 requiring a performance audit by December 31, 20 1999, and thereafter at the request of the 21 Joint Legislative Auditing Committee, of the 22 corporation by the Office of Program Policy 23 Analysis and Government Accountability; 24 authorizing the Auditor General to conduct a 25 financial audit by December 31, 2001, and once 26 every 5 years thereafter, or upon request of 27 the Joint Legislative Auditing Committee; 28 repealing s. 945.04(4), F.S., relating to 29 certain requirements for assignments of inmates 30 within a specified period of their release 31 dates, and report by the department thereon; 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 repealing s. 946.009, F.S., relating to 2 operational guidelines for correctional work 3 programs; providing an effective date. 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. Paragraph (nn) is added to subsection (7) 8 of section 212.08, Florida Statutes, to read: 9 212.08 Sales, rental, use, consumption, distribution, 10 and storage tax; specified exemptions.--The sale at retail, 11 the rental, the use, the consumption, the distribution, and 12 the storage to be used or consumed in this state of the 13 following are hereby specifically exempt from the tax imposed 14 by this part. 15 (7) MISCELLANEOUS EXEMPTIONS.-- 16 (nn) Nonprofit corporation conducting the correctional 17 work programs.--Products sold pursuant to s. 946.515 by the 18 corporation organized pursuant to part II of chapter 946 are 19 exempt from the tax imposed by this chapter. This exemption 20 applies retroactively to July 1, 1983. 21 Section 2. Section 283.31, Florida Statutes, is 22 amended to read: 23 283.31 Records of executive agency publications.--Each 24 agency shall maintain a record of any publication the printing 25 of which costs in excess of the threshold amount provided in 26 s. 287.017 for CATEGORY THREE, at least part of which is paid 27 for by state funds appropriated by the Legislature. Such 28 record shall also contain the following: written 29 justification of the need for such publication, purpose of 30 such publication, legislative or administrative authority, 31 sources of funding, frequency and number of issues, and 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 reasons for deciding to have the publication printed in-house, 2 by another agency or the Legislature, or purchased on bid. In 3 addition, such record shall contain the comparative costs of 4 alternative printing methods when such costs were a factor in 5 deciding upon a method. Compliance with the provisions of this 6 section shall be included within the scope of audits performed 7 by the Auditor General on each agency, and such audits shall 8 be performed not less than once every 3 years. The Auditor 9 General shall also conduct a financial-related and performance 10 audit of the corporation operating the correctional industry 11 program. Such audit shall be conducted once every 3 years, 12 and the first audit shall be for the period July 1, 1988, 13 through June 30, 1990, to be completed prior to the 1991 14 regular legislative session. Such audit shall include a 15 review of the printing that the corporation has done for state 16 agencies. This review shall include the cost of materials 17 used, the cost of labor, the cost of overhead, the amount of 18 profit made by the corporation for such printing, and whether 19 the state agencies that contract with the corporation for 20 printing are prudently determining the price paid for such 21 printing. Such audits shall be completed no later than the 22 first day of the regular legislative session. 23 Section 3. Subsection (4) of section 946.503, Florida 24 Statutes, 1996 Supplement, is amended to read: 25 946.503 Definitions to be used with respect to 26 correctional work programs.--As used in ss. 946.502-946.518, 27 the term: 28 (4) "Facilities" means the buildings and, land, 29 equipment, and other chattels used in the operation of an 30 industry program on state property. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 Section 4. Subsection (1) of section 946.504, Florida 2 Statutes, 1996 Supplement, is amended to read: 3 946.504 Organization of corporation to operate 4 correctional work programs; lease of facilities.-- 5 (1) The department shall lease the buildings and, 6 land, furnishings, equipment, and other chattels used in the 7 operation of each correctional work program operated by the 8 department to the a nonprofit corporation authorized to 9 operate the correctional work programs, the members of which 10 are appointed by the Governor and confirmed by the Senate. 11 The same appointment process shall be followed to fill any 12 vacancy. The corporation shall be organized pursuant to 13 chapter 617 and shall possess all the powers granted by that 14 chapter. 15 Section 5. Subsection (1) of section 946.505, Florida 16 Statutes, is amended to read: 17 946.505 Reversion upon dissolution of corporation or 18 termination of lease.-- 19 (1) In the event the corporation is dissolved or its 20 lease of any correctional work program expires or is otherwise 21 terminated, all property relating to such correctional work 22 program which ceases to function because of such termination 23 or dissolution, including all funds, buildings, land, 24 furnishings, equipment, and other chattels originally leased 25 from the department, as well as any subsequently constructed 26 purchased or otherwise acquired facilities by the corporation 27 in connection with its continued operation of that program, 28 automatically reverts to full ownership by the department 29 unless the corporation intends to utilize such property in 30 another correctional work program. Such a reversionary 31 ownership interest of the state in any and all such 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 after-acquired facilities property by the corporation is in 2 furtherance of the goals established in s. 946.502(4), and 3 such a present ownership interest by the state is a continuing 4 and insurable state interest. 5 (2) Notwithstanding any provision of subsection (1), 6 the ownership of any permanent enhancements made to facilities 7 or work programs is vested in the department. 8 Section 6. For the purpose of incorporating the 9 amendment to section 946.505(1), Florida Statutes, in a 10 reference thereto, subsection (1) of section 946.509, Florida 11 Statutes, is reenacted to read: 12 946.509 Insurance of property leased or acquired by 13 the corporation.-- 14 (1) The State Property Insurance Trust Fund created 15 under s. 284.01 shall insure all property eligible for 16 coverage under part I of chapter 284 which is leased by the 17 department to the corporation or which is subsequently 18 acquired and owned by the corporation and subject to the 19 reversionary ownership interest of the state established in s. 20 946.505. 21 Section 7. Subsection (1) of section 946.511, Florida 22 Statutes, is amended to read: 23 946.511 Provision of inmate labor to operate 24 correctional work programs; policies and procedures.-- 25 (1) Inmates shall be evaluated and identified during 26 the reception process to determine basic literacy, employment 27 skills, academic skills, vocational skills, and remedial and 28 rehabilitative needs. The evaluation shall prescribe 29 education, work, and work-training for each inmate. Assignment 30 to programs shall be based on the evaluation and the length of 31 time the inmate will be in the custody of the department. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 Assignment to programs shall be reviewed every 6 months to 2 ensure proper placement based on bed space availability. 3 Assignment of inmates to correctional work programs, 4 institutional labor, and public agency work programs shall be 5 governed by the following objectives and priorities: 6 (a) Inmates shall be assigned to meet the needs of the 7 work requirements of the Department of Corrections, including 8 essential operational functions and revenue-generating 9 existing Department of Transportation contracts. 10 (b) Inmates shall be assigned to correctional 11 education and the corporation operating the correctional 12 industry program. 13 (c) Inmates shall be assigned to meet all other work 14 requirements of the department, including remaining 15 operational functions and nonrevenue-generating contracts 16 public works. 17 18 As used in this subsection, the term "revenue-generating 19 contracts" includes contracts with the Department of 20 Transportation, the corporation authorized to conduct the 21 correctional work programs under part II, private sector 22 businesses operating programs authorized under s. 946.006(3), 23 and federal, state, or local governmental entities or 24 subdivisions authorized under s. 944.10(7). 25 Section 8. Section 946.512, Florida Statutes, is 26 amended to read: 27 946.512 Inmate compensation plan.--The corporation 28 shall establish a compensation plan which provides for a 29 specific amount to be paid to the department to be credited to 30 an account for an inmate performing labor and a portion shall 31 be used to make any court-ordered payments, including 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 restitution to the victim, and a specific amount to be paid to 2 the department's Correctional Work Program Trust Fund to be 3 used as provided in s. 946.32 Grants and Donations Trust Fund. 4 Such funds, excluding victim restitution payments, 5 court-ordered payments, and the amount credited to the account 6 of the inmate, shall be deposited in the department's 7 Correctional Work Program Trust Fund to be used as provided in 8 s. 946.32 Grants and Donations Trust Fund. The funds shall be 9 appropriated annually. 10 Section 9. For the purpose of incorporating the 11 amendment to section 946.512, Florida Statutes, in a reference 12 thereto, subsection (1) of section 946.513, Florida Statutes, 13 is reenacted to read: 14 946.513 Private employment of inmates; disposition of 15 compensation received.-- 16 (1) Notwithstanding the provisions of any other law, 17 an inmate may be employed by the corporation or by any other 18 private entity operating on the grounds of a correctional 19 institution prior to the last 24 months of his confinement. 20 Compensation received for such employment shall be credited by 21 the department to an account for the inmate and shall be used 22 to make any court-ordered payments, including restitution to 23 the victim. The department rules shall provide that a portion 24 of such compensation be credited by the department in the 25 manner provided in s. 946.512. 26 Section 10. Subsection (1) of section 946.515, Florida 27 Statutes, 1996 Supplement, is amended to read: 28 946.515 Use of goods and services produced in 29 correctional work programs.-- 30 (1) Any service or item manufactured, processed, 31 grown, or produced by the corporation in a correctional work 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 program may be furnished or sold to any legislative, 2 executive, or judicial agency of the state, any political 3 subdivision, any other state, any foreign entity or agent 4 thereof, any agency of the Federal Government, to any contract 5 vendor for such agencies or any subcontractor of the contract 6 vendor, or to any person, firm, or business entity if not 7 prohibited authorized by federal law. 8 Section 11. For the purpose of incorporating the 9 amendment to section 946.515(1), Florida Statutes, 1996 10 Supplement, in a reference thereto, section 946.518, Florida 11 Statutes, 1996 Supplement, is reenacted to read: 12 946.518 Sale of goods made by prisoners; when 13 prohibited, when permitted.--Goods, wares, or merchandise 14 manufactured or mined in whole or in part by prisoners (except 15 prisoners on parole or probation) may not be sold or offered 16 for sale in this state by any person or by any federal 17 authority or state or political subdivision thereof; however, 18 this section and s. 946.21 do not forbid the sale, exchange, 19 or disposition of such goods within the limitations set forth 20 in s. 946.006(3), s. 946.515, or s. 946.519. 21 Section 12. Subsection (3) of section 946.516, Florida 22 Statutes, 1996 Supplement, is amended to read: 23 946.516 Report to Governor and Legislature by the 24 corporation; Department of Corrections report; report to 25 Governor and Legislature by Office of Program Policy Analysis 26 and Government Accountability and Auditor General.-- 27 (3) The Office of Program Policy Analysis and 28 Government Accountability Auditor General shall biennially 29 conduct a financial and performance audit of the corporation 30 by December 31, 1999, and thereafter at the request of the 31 Joint Legislative Auditing Committee, which shall be conducted 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1129 180-400-97 1 in conjunction with an independent audit conducted by the 2 auditors of the corporation. The Auditor General shall conduct 3 a financial audit of the corporation by December 31, 2001, and 4 once every 5 years thereafter, or at the request of the Joint 5 Legislative Auditing Committee. The Auditor General shall 6 conduct additional audits upon the request of the Joint 7 Legislative Auditing Committee. 8 Section 13. Subsection (4) of section 945.04, Florida 9 Statutes, as created by chapter 95-283, Laws of Florida, is 10 hereby repealed. 11 Section 14. Section 946.009, Florida Statutes, 1996 12 Supplement, as amended by chapters 95-325 and 96-278, Laws of 13 Florida, is hereby repealed. 14 Section 15. This act shall take effect upon becoming a 15 law. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10