Senate Bill 0232

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



    Florida Senate - 2000                                   SB 232

    By Senator Silver





    38-237-00

  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.

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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 to be

24  administered by the Department of Banking and Finance. The

25  trust fund shall consist of moneys appropriated by the

26  Legislature for expenditures for capital outlay purposes and

27  moneys deposited by the corporation authorized under this part

28  to manage and operate correctional work programs to be used by

29  the corporation for purposes of construction or renovation of

30  its facilities or for the expansion or establishment of

31  correctional work programs as described in this part or for

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






    Florida Senate - 2000                                   SB 232
    38-237-00




  1  prison industries enhancement (PIE) programs as authorized

  2  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 s. 216.301 and pursuant to s.

13  216.351, any balance in the Prison Industries Trust Fund at

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

15  the end of that year and shall be available for carrying out

16  the purposes of the trust fund.

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

18  Constitution, the Prison Industries Trust Fund consists of

19  assets held by the state, in a trustee capacity, as an agent

20  or fiduciary for the corporation authorized under this part,

21  and is not subject to termination under s. 19(f)(2), Art. III

22  of the State 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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    Florida Senate - 2000                                   SB 232
    38-237-00




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

  2  Such funds, excluding victim restitution payments,

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

  4  of the 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 s. 946.32.

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

  8  law.

  9

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11                          SENATE SUMMARY

12    Creates the Prison Industries Trust Fund to be
      administered by the Department of Banking and Finance.
13    Provides for moneys in the trust fund to be used to
      manage and operate the correctional work program.
14    Provides for certain funds paid to the Department of
      Corrections under the correctional work program to be
15    deposited into the Prison Industries Trust Fund rather
      than the department's Correctional Work Program Trust
16    Fund.

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