Senate Bill sb0192c2

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    Florida Senate - 2006                     CS for CS for SB 192

    By the Committees on Justice Appropriations; Governmental
    Oversight and Productivity; and Senator Wise




    604-2393-06

  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 for

11         members of the task force to be reimbursed for

12         per diem and travel expenses; requiring the

13         Legislative Committee on Intergovernmental

14         Relations to provide staff support for the task

15         force; specifying the duties of the task force

16         with respect to taking testimony; requiring the

17         task force to submit a report to the Governor

18         and the Legislature; abolishing the task force

19         on a future date; amending s. 946.505, F.S.;

20         clarifying the state's reversionary interest in

21         the facilities, property, and assets of the

22         corporation operating a correctional work

23         program; providing an effective date.

24  

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

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27         Section 1.  Prison Industries Task Force.--

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

29  Legislative Services the Prison Industries Task Force to

30  review how well PRIDE has fulfilled its statutory missions and

31  purposes and whether the statutory missions of the prison

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    Florida Senate - 2006                     CS for CS for SB 192
    604-2393-06




 1  industries program are feasible and relevant today and in the

 2  future.

 3         (b)  The task force shall consist of the following 13

 4  members:

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

 6  chair, and two wardens of prisons that operate prison

 7  industries programs;

 8         2.  A representative from the Agency for Workforce

 9  Innovation;

10         3.  A representative from the Office of Workforce

11  Education within the Department of Education;

12         4.  A member of the Senate, appointed by the President

13  of the Senate;

14         5.  A member of the House of Representatives, appointed

15  by the Speaker of the House of Representatives;

16         6.  A representative from the board of directors of the

17  private nonprofit prison industries corporation, as defined in

18  s. 946.503, Florida Statutes;

19         7.  A representative from a local governmental entity

20  that purchases products that are produced by prison

21  industries;

22         8.  A representative from a private industry that

23  regularly employs former inmates;

24         9.  A representative from a private industry that

25  regularly trains inmates;

26         10.  A representative from the academic community who

27  has expertise in research concerning the reentry of former

28  prisoners into society and the employment of former felons;

29  and

30         11.  A former inmate who has worked in the prison

31  industries program.

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    Florida Senate - 2006                     CS for CS for SB 192
    604-2393-06




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

 2  House of Representatives shall jointly appoint the members of

 3  the task force specified in subparagraphs (b)6.-11. by July 1,

 4  2006.

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

 6  July 15, 2006.

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

 8  majority vote.

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

10  chairperson and shall conduct at least three public meetings.

11         (g)  Members of the task force shall serve without

12  compensation, but are entitled to reimbursement for per diem

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

14  Statutes.

15         (h)  The Legislative Committee on Intergovernmental

16  Relations shall provide staff support for the task force.

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

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

19  of Program Policy Analysis and Government Accountability,

20  PRIDE, and other appropriate officials to address the

21  following:

22         1.  Are the statutory missions of the prison industries

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

24  valid?

25         2.  Should other valid missions be included within the

26  program?

27         3.  How do the current or recommended missions conflict

28  with any other valid missions?

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

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

31  

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    Florida Senate - 2006                     CS for CS for SB 192
    604-2393-06




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

 2  lower-priority mission?

 3         5.  Is the method of addressing the legislative finding

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

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

 6  duplicate as closely as possible free-enterprise production

 7  and service operations, also the most effective manner in

 8  which to accomplish the missions of the prison industries

 9  program?

10         6.  Should the structure for managing the correctional

11  work program be changed in order to facilitate accomplishing

12  the missions of the program?

13         7.  Is operating the prison industries program

14  independently of state government the most effective manner in

15  which to accomplish its valid mission?

16         8.  To what extent can PRIDE fulfill the legislative

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

18  that prison industries programs use inmates in all levels of

19  custody, with specific emphasis on reducing idleness among

20  inmates in close custody?

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

22  governmental functions and changing markets reduced sales by

23  PRIDE or impeded its ability to expand prison industry

24  training?

25         10.  What creative strategies could enhance the prison

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

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

28  findings and recommendations to the Governor, the President of

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

30  February 15, 2007.

31  

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    Florida Senate - 2006                     CS for CS for SB 192
    604-2393-06




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

 2  the task force for which reimbursement may be requested must

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

 4  abolished July 1, 2007.

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

 6  Statutes, is amended to read:

 7         946.505  Reversion upon dissolution of corporation or

 8  termination of lease.--

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

10  lease of any correctional work program expires or is otherwise

11  terminated, all property relating to such correctional work

12  program which ceases to function because of such termination

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

14  equipment, and other chattels and assets, whether originally

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

16  constructed or otherwise acquired facilities in connection

17  with its continued operation of that program, automatically

18  reverts to full ownership by the department unless the

19  corporation intends to use utilize such property in another

20  correctional work program. Such a reversionary ownership

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

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

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

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

25  and insurable state interest.

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

27  law.

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    Florida Senate - 2006                     CS for CS for SB 192
    604-2393-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 192

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 4  Removes language requiring meetings and records of the task
    force to be subject to the provisions of ss. 286.011 and
 5  chapter 119, Florida Statutes, respectively.

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