1 | A bill to be entitled |
2 | An act relating to prison industries; creating the Prison |
3 | Industries Task Force within the Office of Legislative |
4 | Services; requiring the task force to determine how well |
5 | the prison industries program has fulfilled its statutory |
6 | mission and purpose; providing for membership; requiring |
7 | the task force to hold a minimum number of public |
8 | meetings; providing reimbursement for per diem and travel |
9 | expenses; requiring the Legislative Committee on |
10 | Intergovernmental Relations to provide staff support for |
11 | the task force; specifying the duties of the task force |
12 | with respect to taking testimony; requiring the task force |
13 | to submit a report to the Governor and the Legislature; |
14 | abolishing the task force on a specified date; amending s. |
15 | 946.505, F.S.; clarifying the state's reversionary |
16 | interest in the facilities, property, and assets of the |
17 | corporation operating a correctional work program; |
18 | providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Prison Industries Task Force.-- |
23 | (1)(a) There is created within the Office of Legislative |
24 | Services the Prison Industries Task Force for the purpose of |
25 | reviewing how well the prison industries program has fulfilled |
26 | its statutory missions and purposes and whether the statutory |
27 | missions of the prison industries program are feasible and |
28 | relevant today and for the future. |
29 | (b) The task force shall consist of the following 13 |
30 | members: |
31 | 1. The Secretary of Corrections and two wardens of prisons |
32 | that have prison industries programs. |
33 | 2. A representative from the Agency for Workforce |
34 | Innovation. |
35 | 3. A representative from the Office of Workforce Education |
36 | within the Department of Education. |
37 | 4. A representative from Florida TaxWatch. |
38 | 5. A member of the Senate, appointed by the President of |
39 | the Senate. |
40 | 6. A member of the House of Representatives, appointed by |
41 | the Speaker of the House of Representatives. |
42 | 7. A representative from the board of directors of the |
43 | private nonprofit prison industries corporation, as defined in |
44 | s. 946.503, Florida Statutes. |
45 | 8. A representative from a local governmental entity that |
46 | purchases products that are produced by prison industries. |
47 | 9. A representative from a private industry that regularly |
48 | employs former inmates. |
49 | 10. A representative from the academic community who has |
50 | expertise in research concerning the reentry of former prisoners |
51 | into society and the employment of former felons. |
52 | 11. A former inmate who worked in the prison industries |
53 | program. |
54 | (c) The President of Senate and the Speaker of the House |
55 | of Representatives shall jointly appoint the members of the task |
56 | force described in subparagraphs (b)7.-11. by July 1, 2005. |
57 | (d) The task force shall hold its first meeting by July |
58 | 15, 2005, and the representative of Florida TaxWatch shall serve |
59 | as chairperson. |
60 | (e) All recommendations of the task force shall be by |
61 | majority vote. |
62 | (f) The task force shall meet at the call of its |
63 | chairperson and shall conduct at least three public meetings. |
64 | (g) Members of the task force shall serve without |
65 | compensation, but are entitled to reimbursement for per diem and |
66 | travel expenses in accordance with s. 112.061, Florida Statutes. |
67 | (h) The Legislative Committee on Intergovernmental |
68 | Relations shall provide staff support for the task force. |
69 | (2)(a) The task force shall receive testimony from the |
70 | Auditor General, the Chief Inspector General, the Office of |
71 | Program Policy Analysis and Government Accountability, PRIDE, |
72 | and other appropriate officials to address the following: |
73 | 1. Are the statutory missions as defined in s. 946.501(2), |
74 | Florida Statutes, of the prison industries program still valid? |
75 | 2. Should other valid missions be included within the |
76 | program? |
77 | 3. How do the current or recommended missions conflict |
78 | with any other valid missions? |
79 | 4. Should the missions be ranked in order of priority and, |
80 | if so, to what extent can accomplishment of a higher-priority |
81 | mission be reduced in order to accomplish a lower-priority |
82 | mission? |
83 | 5. Is fulfillment of the legislative finding in s. |
84 | 946.501(3), Florida Statutes, that it is in the best interest of |
85 | the state, inmates, and the general public to duplicate as |
86 | closely as possible free-enterprise production and service |
87 | operations also the most effective manner in which to accomplish |
88 | the missions of the prison industries program? |
89 | 6. Should the structure for managing the correctional work |
90 | program be changed in order to facilitate accomplishing the |
91 | missions of the program? |
92 | 7. Is operating the prison industries program |
93 | independently of state government the most effective manner in |
94 | which to accomplish its valid mission? |
95 | 8. To what extent can PRIDE fulfill the legislative intent |
96 | stated in s. 946.502(6), Florida Statutes, that prison |
97 | industries programs use inmates in all levels of custody, with |
98 | specific emphasis on reducing idleness among inmates in close |
99 | custody? |
100 | 9. To what extent has privatization of governmental |
101 | functions and changing markets reduced sales by PRIDE and |
102 | therefore impeded its ability to expand prison industry |
103 | training? |
104 | 10. What creative strategies could enhance the prison |
105 | industries program's ability to meet its valid missions? |
106 | (b) The task force shall submit a report of its findings |
107 | and recommendations to the Governor, the President of the |
108 | Senate, and the Speaker of the House of Representatives by |
109 | February 15, 2006. |
110 | (3) All meetings of the task force and all business of the |
111 | task force for which reimbursement may be requested must be |
112 | concluded before the report is filed. The task force is |
113 | abolished July 1, 2006. |
114 | Section 2. Subsection (1) of section 946.505, Florida |
115 | Statutes, is amended to read: |
116 | 946.505 Reversion upon dissolution of corporation or |
117 | termination of lease.-- |
118 | (1) In the event the corporation is dissolved or its lease |
119 | of any correctional work program expires or is otherwise |
120 | terminated, all property relating to such correctional work |
121 | program which ceases to function because of such termination or |
122 | dissolution, including all buildings, land, furnishings, |
123 | equipment, and other chattels and assets, whether originally |
124 | leased from the department or, as well as any subsequently |
125 | constructed or otherwise acquired facilities in connection with |
126 | its continued operation of that program, automatically reverts |
127 | to full ownership by the department unless the corporation |
128 | intends to use utilize such property in another correctional |
129 | work program. Such a reversionary ownership interest of the |
130 | state in any and all such after-acquired facilities, property, |
131 | and assets by the corporation is in furtherance of the goals |
132 | established in s. 946.502(4), and such a present ownership |
133 | interest by the state is a continuing and insurable state |
134 | interest. |
135 | Section 3. This act shall take effect upon becoming a law. |