Senate Bill sb0886c2
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Florida Senate - 2005 CS for CS for SB 886
By the Committees on Governmental Oversight and Productivity;
Criminal Justice; and Senators Wise and Lynn
585-2195-05
1 A bill to be entitled
2 An act relating to prison industries; creating
3 the Prison Industries Task Force within the
4 Office of Legislative Services; requiring the
5 task force to determine how well the prison
6 industries program has fulfilled its statutory
7 mission and purpose; providing for the
8 appointment of members to the task force;
9 requiring the task force to hold a minimum
10 number of public meetings; providing that the
11 meetings and records of the task force are
12 subject to public-meetings requirements and the
13 public-records law; providing for members of
14 the task force to be reimbursed for per diem
15 and travel expenses; requiring the Legislative
16 Committee on Intergovernmental Relations to
17 provide staff support for the task force;
18 specifying the duties of the task force with
19 respect to taking testimony; requiring the task
20 force to submit a report to the Governor and
21 the Legislature; abolishing the task force on a
22 future date; amending s. 946.505, F.S.;
23 clarifying the state's reversionary interest in
24 the facilities, property, and assets of the
25 corporation operating a correctional work
26 program; providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Prison Industries Task Force.--
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1 (1)(a) There is created within the Office of
2 Legislative Services the Prison Industries Task Force for the
3 purpose of reviewing how well the prison industries program
4 has fulfilled its statutory missions and purposes and whether
5 the statutory missions of the prison industries program are
6 feasible and relevant today and for the future.
7 (b) The task force shall consist of the following 14
8 members:
9 1. The Secretary of Corrections and two wardens of
10 prisons that have prison industries programs;
11 2. A representative from the Agency for Workforce
12 Innovation;
13 3. A representative from the Office of Workforce
14 Education within the Department of Education;
15 4. A representative from Florida TaxWatch;
16 5. A member of the Senate, appointed by the President
17 of the Senate;
18 6. A member of the House of Representatives, appointed
19 by the Speaker of the House of Representatives;
20 7. A representative from the board of directors of the
21 private nonprofit prison industries corporation, as defined in
22 section 946.503, Florida Statutes;
23 8. A representative from a local governmental entity
24 that purchases products that are produced by prison
25 industries;
26 9. A representative from a private industry that
27 regularly employs former inmates;
28 10. A representative from a private industry that
29 regularly trains inmates;
30 11. A representative from the academic community who
31 has expertise in research concerning the reentry of former
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1 prisoners into society and the employment of former felons;
2 and
3 12. A former inmate who has worked in the prison
4 industries program.
5 (c) The President of the Senate and the Speaker of the
6 House of Representatives shall jointly appoint the members of
7 the task force described in subparagraphs (b)7.-11. by July 1,
8 2005.
9 (d) The task force shall hold its first meeting by
10 July 15, 2005, at which time the members shall select by
11 majority vote a chairperson from among the task force members.
12 (e) All recommendations of the task force shall be by
13 majority vote.
14 (f) The task force shall meet at the call of its
15 chairperson and shall conduct at least three public meetings.
16 (g) Meetings of the task force shall be open to the
17 public and are subject to the requirements of section 286.011,
18 Florida Statutes. Records of the task force are public records
19 and subject to chapter 119, Florida Statutes, except to the
20 extent that public access to any of those records is
21 restricted by law.
22 (h) Members of the task force shall serve without
23 compensation, but are entitled to reimbursement for per diem
24 and travel expenses in accordance with section 112.061,
25 Florida Statutes.
26 (i) The Legislative Committee on Intergovernmental
27 Relations shall provide staff support for the task force.
28 (2)(a) The task force shall receive testimony from the
29 Auditor General, the Governor's Inspector General, the Office
30 of Program Policy Analysis and Government Accountability,
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1 PRIDE, and other appropriate officials to address the
2 following:
3 1. Are the statutory missions of the prison industries
4 program as defined in section 946.501(2), Florida Statutes,
5 still valid?
6 2. Should other valid missions be included within the
7 program?
8 3. How do the current or recommended missions conflict
9 with any other valid missions?
10 4. Should the missions be ranked in order of priority
11 and, if so, to what extent can accomplishment of a
12 higher-priority mission be reduced in order to accomplish a
13 lower-priority mission?
14 5. Is fulfillment of the legislative finding in
15 section 946.501(3), Florida Statutes, that it is in the best
16 interest of the state, inmates, and the general public to
17 duplicate as closely as possible free-enterprise production
18 and service operations, also the most effective manner in
19 which to accomplish the missions of the prison industries
20 program?
21 6. Should the structure for managing the correctional
22 work program be changed in order to facilitate accomplishing
23 the missions of the program?
24 7. Is operating the prison industries program
25 independently of state government the most effective manner in
26 which to accomplish its valid mission?
27 8. To what extent can PRIDE fulfill the legislative
28 intent stated in section 946.502(6), Florida Statutes, that
29 prison industries programs use inmates in all levels of
30 custody, with specific emphasis on reducing idleness among
31 inmates in close custody?
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1 9. To what extent have privatization of governmental
2 functions and changing markets reduced sales by PRIDE and
3 therefore impeded its ability to expand prison industry
4 training?
5 10. What creative strategies could enhance the prison
6 industries program's ability to meet its valid missions?
7 (b) The task force shall submit a report of its
8 findings and recommendations to the Governor, the President of
9 the Senate, and the Speaker of the House of Representatives by
10 February 15, 2006.
11 (3) All meetings of the task force and all business of
12 the task force for which reimbursement may be requested must
13 be concluded before the report is filed. The task force is
14 abolished July 1, 2006.
15 Section 2. Subsection (1) of section 946.505, Florida
16 Statutes, is amended to read:
17 946.505 Reversion upon dissolution of corporation or
18 termination of lease.--
19 (1) In the event the corporation is dissolved or its
20 lease of any correctional work program expires or is otherwise
21 terminated, all property relating to such correctional work
22 program which ceases to function because of such termination
23 or dissolution, including all buildings, land, furnishings,
24 equipment, and other chattels and assets, whether originally
25 leased from the department or, as well as any subsequently
26 constructed or otherwise acquired facilities in connection
27 with its continued operation of that program, automatically
28 reverts to full ownership by the department unless the
29 corporation intends to use utilize such property in another
30 correctional work program. Such a reversionary ownership
31 interest of the state in any and all such after-acquired
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Florida Senate - 2005 CS for CS for SB 886
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1 facilities, property, and assets by the corporation is in
2 furtherance of the goals established in s. 946.502(4), and
3 such a present ownership interest by the state is a continuing
4 and insurable state interest.
5 Section 3. This act shall take effect upon becoming a
6 law.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 CS/SB 886
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trains inmates and provides that the appointed members shall
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