House Bill 1429c1

    Florida House of Representatives - 2000             CS/HB 1429

        By the Committee on Corrections and 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 an effective date.

17

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, to be

24  administered by the Department of Banking and Finance. The

25  trust fund shall consist of moneys authorized to be deducted

26  pursuant to 18 U.S.C. s. 1761(c) and the applicable federal

27  guidelines, to be appropriated by the Legislature, and moneys

28  deposited by the corporation authorized under this part to

29  manage and operate correctional work programs. The

30  appropriated funds shall be used by the corporation for

31  purposes of construction or renovation of its facilities or

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






    Florida House of Representatives - 2000             CS/HB 1429

    180-436-00






  1  for the expansion or establishment of correctional work

  2  programs as described in this part or for prison industries

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

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

  5  and may be paid out only on warrants drawn by the Comptroller

  6  upon receipt of a corporate resolution that has been duly

  7  authorized by the board of directors of the corporation

  8  authorized under this part to manage and operate correctional

  9  work programs. The corporation shall maintain all necessary

10  records and accounts relative to such funds.

11         (3)  The trust fund is exempt from s. 215.20.

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

13  216.351, any balance in the trust fund at the end of any

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

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

16  the trust fund.

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

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

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

20  corporation authorized under this part, and is not subject to

21  termination under s. 19(f)(2), Art. III of the State

22  Constitution.

23         Section 2.  Section 946.512, Florida Statutes, is

24  amended to read:

25         946.512  Inmate compensation plan.--The corporation

26  shall establish a compensation plan that which provides for a

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

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

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

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

31  the Prison Industries department's Correctional Work Program

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






    Florida House of Representatives - 2000             CS/HB 1429

    180-436-00






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

  2  funds, excluding victim restitution payments, court-ordered

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

  4  inmate, shall be deposited in the Prison Industries

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

  6  as provided in s. 946.522 946.32.

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

  8  law.

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