HB 1711

1
A bill to be entitled
2An act relating to prison industries; creating the Prison
3Industries Task Force within the Office of Legislative
4Services; requiring the task force to determine how well
5the prison industries program has fulfilled its statutory
6mission and purpose; providing for membership; requiring
7the task force to hold a minimum number of public
8meetings; providing reimbursement for per diem and travel
9expenses; requiring the Legislative Committee on
10Intergovernmental Relations to provide staff support for
11the task force; specifying the duties of the task force
12with respect to taking testimony; requiring the task force
13to submit a report to the Governor and the Legislature;
14abolishing the task force on a specified date; amending s.
15946.505, F.S.; clarifying the state's reversionary
16interest in the facilities, property, and assets of the
17corporation operating a correctional work program;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Prison Industries Task Force.--
23     (1)(a)  There is created within the Office of Legislative
24Services the Prison Industries Task Force for the purpose of
25reviewing how well the prison industries program has fulfilled
26its statutory missions and purposes and whether the statutory
27missions of the prison industries program are feasible and
28relevant today and for the future.
29     (b)  The task force shall consist of the following 13
30members:
31     1.  The Secretary of Corrections and two wardens of prisons
32that have prison industries programs.
33     2.  A representative from the Agency for Workforce
34Innovation.
35     3.  A representative from the Office of Workforce Education
36within the Department of Education.
37     4.  A representative from Florida TaxWatch.
38     5.  A member of the Senate, appointed by the President of
39the Senate.
40     6.  A member of the House of Representatives, appointed by
41the Speaker of the House of Representatives.
42     7.  A representative from the board of directors of the
43private nonprofit prison industries corporation, as defined in
44s. 946.503, Florida Statutes.
45     8.  A representative from a local governmental entity that
46purchases products that are produced by prison industries.
47     9.  A representative from a private industry that regularly
48employs former inmates.
49     10.  A representative from the academic community who has
50expertise in research concerning the reentry of former prisoners
51into society and the employment of former felons.
52     11.  A former inmate who worked in the prison industries
53program.
54     (c)  The President of Senate and the Speaker of the House
55of Representatives shall jointly appoint the members of the task
56force described in subparagraphs (b)7.-11. by July 1, 2005.
57     (d)  The task force shall hold its first meeting by July
5815, 2005, and the representative of Florida TaxWatch shall serve
59as chairperson.
60     (e)  All recommendations of the task force shall be by
61majority vote.
62     (f)  The task force shall meet at the call of its
63chairperson and shall conduct at least three public meetings.
64     (g)  Members of the task force shall serve without
65compensation, but are entitled to reimbursement for per diem and
66travel expenses in accordance with s. 112.061, Florida Statutes.
67     (h)  The Legislative Committee on Intergovernmental
68Relations shall provide staff support for the task force.
69     (2)(a)  The task force shall receive testimony from the
70Auditor General, the Chief Inspector General, the Office of
71Program Policy Analysis and Government Accountability, PRIDE,
72and other appropriate officials to address the following:
73     1.  Are the statutory missions as defined in s. 946.501(2),
74Florida Statutes, of the prison industries program still valid?
75     2.  Should other valid missions be included within the
76program?
77     3.  How do the current or recommended missions conflict
78with any other valid missions?
79     4.  Should the missions be ranked in order of priority and,
80if so, to what extent can accomplishment of a higher-priority
81mission be reduced in order to accomplish a lower-priority
82mission?
83     5.  Is fulfillment of the legislative finding in s.
84946.501(3), Florida Statutes, that it is in the best interest of
85the state, inmates, and the general public to duplicate as
86closely as possible free-enterprise production and service
87operations also the most effective manner in which to accomplish
88the missions of the prison industries program?
89     6.  Should the structure for managing the correctional work
90program be changed in order to facilitate accomplishing the
91missions of the program?
92     7.  Is operating the prison industries program
93independently of state government the most effective manner in
94which to accomplish its valid mission?
95     8.  To what extent can PRIDE fulfill the legislative intent
96stated in s. 946.502(6), Florida Statutes, that prison
97industries programs use inmates in all levels of custody, with
98specific emphasis on reducing idleness among inmates in close
99custody?
100     9.  To what extent has privatization of governmental
101functions and changing markets reduced sales by PRIDE and
102therefore impeded its ability to expand prison industry
103training?
104     10.  What creative strategies could enhance the prison
105industries program's ability to meet its valid missions?
106     (b)  The task force shall submit a report of its findings
107and recommendations to the Governor, the President of the
108Senate, and the Speaker of the House of Representatives by
109February 15, 2006.
110     (3)  All meetings of the task force and all business of the
111task force for which reimbursement may be requested must be
112concluded before the report is filed. The task force is
113abolished July 1, 2006.
114     Section 2.  Subsection (1) of section 946.505, Florida
115Statutes, is amended to read:
116     946.505  Reversion upon dissolution of corporation or
117termination of lease.--
118     (1)  In the event the corporation is dissolved or its lease
119of any correctional work program expires or is otherwise
120terminated, all property relating to such correctional work
121program which ceases to function because of such termination or
122dissolution, including all buildings, land, furnishings,
123equipment, and other chattels and assets, whether originally
124leased from the department or, as well as any subsequently
125constructed or otherwise acquired facilities in connection with
126its continued operation of that program, automatically reverts
127to full ownership by the department unless the corporation
128intends to use utilize such property in another correctional
129work program. Such a reversionary ownership interest of the
130state in any and all such after-acquired facilities, property,
131and assets by the corporation is in furtherance of the goals
132established in s. 946.502(4), and such a present ownership
133interest by the state is a continuing and insurable state
134interest.
135     Section 3.  This act shall take effect upon becoming a law.


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