Senate Bill 0232c1

    Florida Senate - 2000                            CS for SB 232

    By the Committee on Criminal Justice and Senator Silver





    307-1772-00

  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 authorized to be deducted

26  pursuant to Title 18, U.S.C. 1761(c) and the applicable

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

28  moneys deposited by the corporation authorized under this part

29  to 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, for

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






    Florida Senate - 2000                            CS for SB 232
    307-1772-00




  1  the expansion or establishment of correctional work programs

  2  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 paid out only on warrants drawn by the Comptroller upon

  6  receipt of a corporate resolution that has been duly

  7  authorized by the board of directors of the corporation

  8  authorized in 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 Prison Industries Trust Fund is exempt from s.

12  215.20.

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

14  216.351, any balance in the Prison Industries Trust Fund at

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

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

17  the purposes of the trust fund.

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

19  Constitution, the Prison Industries Trust Fund consists of

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

21  or fiduciary for the corporation authorized under this part,

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

23  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 Senate - 2000                            CS for SB 232
    307-1772-00




  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 upon becoming a

  9  law.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 232

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14  Authorizes moneys deducted from inmate's wages pursuant to
    federal law be deposited to the Trust Fund.
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