House Bill 2135

    Florida House of Representatives - 1999                HB 2135

        By Representative Peaden






  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         946.522, F.S.; creating the Prison Industries

  4         Trust Fund; providing for administration of the

  5         trust fund; providing for sources of moneys in

  6         the trust fund and purposes for which they may

  7         be used; exempting the trust fund from s.

  8         215.20, F.S.; providing for carryover of the

  9         balance from one fiscal year to the next;

10         providing that the trust fund is not subject to

11         s. 19(f)(2), Art. III of the State

12         Constitution; amending s. 946.512, F.S.;

13         providing that certain funds are to be

14         deposited into the Prison Industries Trust Fund

15         rather than the Correctional Work Program Trust

16         Fund; providing a contingent effective date.

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

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20         Section 1.  Section 946.522, Florida Statutes, is

21  created to read:

22         946.522  Prison Industries Trust Fund.--

23         (1)  The Prison Industries Trust Fund is created and

24  shall be administered by the Department of Banking and

25  Finance. The trust fund shall consist of moneys appropriated

26  by the Legislature for expenditures for capital outlay

27  purposes and shall also consist of money deposited by the

28  corporation authorized under this part to manage and operate

29  correctional work programs to be used by the corporation for

30  purposes of construction or renovation of its facilities or

31  for the expansion or establishment of correctional work

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2135

    557-139-99






  1  programs as described in this part or prison industries

  2  enhancement (PIE) programs as authorized under s. 946.523.

  3         (2)  The funds must be deposited in the State Treasury

  4  and paid out only on warrants drawn by the Comptroller upon

  5  receipt of a corporate resolution that has been duly

  6  authorized by the board of directors of the corporation

  7  authorized in this part to manage and operate correctional

  8  work programs. The corporation shall maintain all necessary

  9  records and accounts relative to such funds.

10         (3)  The Prison Industries Trust Fund is exempt from s.

11  215.20.

12         (4)  Notwithstanding the provisions of s. 216.301 and

13  pursuant to s. 216.351, any balance in the Prison Industries

14  Trust Fund at the end of any fiscal year shall remain in the

15  trust fund at the end of that year and shall be available for

16  carrying out the purposes of the trust fund.

17         (5)  Pursuant to the provisions of s. 19(f)(3), Art.

18  III of the State Constitution, the Prison Industries Trust

19  Fund consists of assets held by the state in a trustee

20  capacity as an agent or fiduciary for the corporation

21  authorized under this part, an instrumentality of this state,

22  and is not subject to termination under the provisions of s.

23  19(f)(2), Art. III of the State Constitution.

24         Section 2.  Section 946.512, Florida Statutes, is

25  amended to read:

26         946.512  Inmate compensation plan.--The corporation

27  shall establish a compensation plan that which provides for a

28  specific amount to be paid to the department to be credited to

29  an account for an inmate performing labor and a portion to

30  shall be used to make any court-ordered payments, including

31  restitution to the victim, and a specific amount to be paid to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2135

    557-139-99






  1  the Prison Industries department's Correctional Work Program

  2  Trust Fund to be used as provided in s. 946.522 s. 946.32.

  3  Such funds, excluding victim restitution payments,

  4  court-ordered payments, and the amount credited to the account

  5  of the inmate, shall be deposited in the Prison Industries

  6  department's Correctional Work Program Trust Fund to be used

  7  as provided in s. 946.522 s. 946.32.

  8         Section 3.  This act shall take effect on the effective

  9  date of HB     , relating to correctional work programs.

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