Senate Bill sb0192

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    Florida Senate - 2006        (Corrected Copy)           SB 192

    By Senator Wise





    5-71A-06

  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.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Prison Industries Task Force.--

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 192
    5-71A-06




 1         (1)(a)  There is created within the Office of

 2  Legislative Services the Prison Industries Task Force to

 3  review how well PRIDE has fulfilled its statutory missions and

 4  purposes and whether the statutory missions of the prison

 5  industries program are feasible and relevant today and in the

 6  future.

 7         (b)  The task force shall consist of the following 14

 8  members:

 9         1.  The Secretary of Corrections, who shall serve as

10  chair, and two wardens of prisons that have prison industries

11  programs;

12         2.  A representative from the Agency for Workforce

13  Innovation;

14         3.  A representative from the Office of Workforce

15  Education within the Department of Education;

16         4.  A representative from Florida TaxWatch;

17         5.  A member of the Senate, appointed by the President

18  of the Senate;

19         6.  A member of the House of Representatives, appointed

20  by the Speaker of the House of Representatives;

21         7.  A representative from the board of directors of the

22  private nonprofit prison industries corporation, as defined in

23  s. 946.503, Florida Statutes;

24         8.  A representative from a local governmental entity

25  that purchases products that are produced by prison

26  industries;

27         9.  A representative from a private industry that

28  regularly employs former inmates;

29         10.  A representative from a private industry that

30  regularly trains inmates;

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 192
    5-71A-06




 1         11.  A representative from the academic community who

 2  has expertise in research concerning the reentry of former

 3  prisoners into society and the employment of former felons;

 4  and

 5         12.  A former inmate who has worked in the prison

 6  industries program.

 7         (c)  The President of the Senate and the Speaker of the

 8  House of Representatives shall jointly appoint the members of

 9  the task force specified in subparagraphs (b)7.-11. by July 1,

10  2006.

11         (d)  The task force shall hold its first meeting by

12  July 15, 2006, at which time the members shall select by

13  majority vote a chairperson from among themselves.

14         (e)  All recommendations of the task force shall be by

15  majority vote.

16         (f)  The task force shall meet at the call of the

17  chairperson and shall conduct at least three public meetings.

18         (g)  Meetings of the task force shall be open to the

19  public and are subject to the requirements of s. 286.011,

20  Florida Statutes. Records of the task force are public records

21  and subject to chapter 119, Florida Statutes, except to the

22  extent that public access to any of those records is

23  restricted by law.

24         (h)  Members of the task force shall serve without

25  compensation, but are entitled to reimbursement for per diem

26  and travel expenses in accordance with s. 112.061, Florida

27  Statutes.

28         (i)  The Legislative Committee on Intergovernmental

29  Relations shall provide staff support for the task force.

30         (2)(a)  The task force shall receive testimony from the

31  Auditor General, the Governor's Inspector General, the Office

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    Florida Senate - 2006        (Corrected Copy)           SB 192
    5-71A-06




 1  of Program Policy Analysis and Government Accountability,

 2  PRIDE, and other appropriate officials to address the

 3  following:

 4         1.  Are the statutory missions of the prison industries

 5  program as defined in s. 946.501(2), Florida Statutes, still

 6  valid?

 7         2.  Should other valid missions be included within the

 8  program?

 9         3.  How do the current or recommended missions conflict

10  with any other valid missions?

11         4.  Should the missions be ranked in order of priority

12  and, if so, to what extent can accomplishment of a

13  higher-priority mission be reduced in order to accomplish a

14  lower-priority mission?

15         5.  Is the method of addressing the legislative finding

16  in s. 946.501(3), Florida Statutes, which is that it is in the

17  best interest of the state, inmates, and the general public to

18  duplicate as closely as possible free-enterprise production

19  and service operations, also the most effective manner in

20  which to accomplish the missions of the prison industries

21  program?

22         6.  Should the structure for managing the correctional

23  work program be changed in order to facilitate accomplishing

24  the missions of the program?

25         7.  Is operating the prison industries program

26  independently of state government the most effective manner in

27  which to accomplish its valid mission?

28         8.  To what extent can PRIDE fulfill the legislative

29  intent stated in s. 946.502(6), Florida Statutes, which is

30  that prison industries programs use inmates in all levels of

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 192
    5-71A-06




 1  custody, with specific emphasis on reducing idleness among

 2  inmates in close custody?

 3         9.  To what extent, if any, have privatization of

 4  governmental functions and changing markets reduced sales by

 5  PRIDE or impeded its ability to expand prison industry

 6  training?

 7         10.  What creative strategies could enhance the prison

 8  industries program's ability to meet its valid missions?

 9         (b)  The task force shall submit a report of its

10  findings and recommendations to the Governor, the President of

11  the Senate, and the Speaker of the House of Representatives by

12  February 15, 2007.

13         (3)  All meetings of the task force and all business of

14  the task force for which reimbursement may be requested must

15  be concluded before the report is filed. The task force is

16  abolished July 1, 2007.

17         Section 2.  Subsection (1) of section 946.505, Florida

18  Statutes, is amended to read:

19         946.505  Reversion upon dissolution of corporation or

20  termination of lease.--

21         (1)  In the event the corporation is dissolved or its

22  lease of any correctional work program expires or is otherwise

23  terminated, all property relating to such correctional work

24  program which ceases to function because of such termination

25  or dissolution, including all buildings, land, furnishings,

26  equipment, and other chattels and assets, whether originally

27  leased from the department or, as well as any subsequently

28  constructed or otherwise acquired facilities in connection

29  with its continued operation of that program, automatically

30  reverts to full ownership by the department unless the

31  corporation intends to use utilize such property in another

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    Florida Senate - 2006        (Corrected Copy)           SB 192
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 1  correctional work program. Such a reversionary ownership

 2  interest of the state in any and all such after-acquired

 3  facilities, property, and assets by the corporation is in

 4  furtherance of the goals established in s. 946.502(4), and

 5  such a present ownership interest by the state is a continuing

 6  and insurable state interest.

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

 8  law.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Creates the Prison Industries Task Force within the
      Office of Legislative Services, which shall exist for 1
13    year and review the prison industries program. Provides
      for membership of the task force and meetings. Requires
14    that the Legislative Committee on Intergovernmental
      Relations provide staff support for the task force. (See
15    bill for details.)

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