House Bill 1429

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    Florida House of Representatives - 2000                HB 1429

        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, to be administered by the

  5         Department of Banking and Finance; providing

  6         for sources of moneys and purposes; providing

  7         for exemption from service charges; providing

  8         for annual carryforward of funds; acknowledging

  9         exemption from automatic termination; amending

10         s. 946.512, F.S.; providing that certain funds

11         are to be deposited into the Prison Industries

12         Trust Fund rather than the Correctional Work

13         Program Trust Fund; providing an effective

14         date.

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

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18         Section 1.  Section 946.522, Florida Statutes, is

19  created to read:

20         946.522  Prison Industries Trust Fund.--

21         (1)  The Prison Industries Trust Fund is created, to be

22  administered by the Department of Banking and Finance. The

23  trust fund shall consist of moneys appropriated by the

24  Legislature for expenditures for capital outlay purposes and

25  moneys deposited by the corporation authorized under this part

26  to manage and operate correctional work programs, to be used

27  by the corporation for purposes of construction or renovation

28  of its facilities or for the expansion or establishment of

29  correctional work programs as described in this part or for

30  prison industries enhancement (PIE) programs as authorized

31  under s. 946.523.

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    Florida House of Representatives - 2000                HB 1429

    557-139B-00






  1         (2)  The funds shall be deposited in the State Treasury

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

  3  receipt of a corporate resolution that has been duly

  4  authorized by the board of directors of the corporation

  5  authorized under this part to manage and operate correctional

  6  work programs. The corporation shall maintain all necessary

  7  records and accounts relative to such funds.

  8         (3)  The trust fund is exempt from the service charges

  9  imposed by s. 215.20.

10         (4)  Notwithstanding s. 216.301 and pursuant to s.

11  216.351, any balance in the trust fund at the end of any

12  fiscal year shall remain in the trust fund at the end of that

13  year and shall be available for carrying out the purposes of

14  the trust fund.

15         (5)  Pursuant to s. 19(f)(3), Art. III of the State

16  Constitution, the trust fund consists of assets held by the

17  state, in a trustee capacity, as an agent or fiduciary for the

18  corporation authorized under this part to manage and operate

19  correctional work programs, and is not subject to termination

20  under s. 19(f)(2), Art. III of the State Constitution.

21         Section 2.  Section 946.512, Florida Statutes, is

22  amended to read:

23         946.512  Inmate compensation plan.--The corporation

24  shall establish a compensation plan that which provides for a

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

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

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

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

29  the Prison Industries department's Correctional Work Program

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

31  funds, excluding victim restitution payments, court-ordered

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






    Florida House of Representatives - 2000                HB 1429

    557-139B-00






  1  payments, and the amount credited to the account of the

  2  inmate, shall be deposited in the Prison Industries

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

  4  as provided in s. 946.522 946.32.

  5         Section 3.  This act shall take effect July 1, 2000.

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  7            *****************************************

  8                          HOUSE SUMMARY

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      Creates the Prison Industries Trust Fund, to be
10    administered by the Department of Banking and Finance.
      Provides for its sources of moneys and purposes. Exempts
11    the trust fund from service charges and provides for
      annual carryforward of funds. Acknowledges exemption from
12    automatic termination. Provides for certain funds paid to
      the Department of Corrections under the correctional work
13    program to be deposited into the Prison Industries Trust
      Fund rather than the department's Correctional Work
14    Program Trust Fund. See bill for details.

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