Senate Bill sb0192e1
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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; amending s. 946.510, F.S.; requiring
24 that an employee of the corporation defined in
25 s. 946.503, F.S., be deemed an employee of the
26 state for purposes of workers' compensation
27 insurance; providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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31 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 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 13
8 members:
9 1. The Secretary of Corrections, who shall serve as
10 chair, and two wardens of prisons that operate prison
11 industries 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 member of the Senate, appointed by the President
17 of the Senate;
18 5. A member of the House of Representatives, appointed
19 by the Speaker of the House of Representatives;
20 6. A representative from the board of directors of the
21 private nonprofit prison industries corporation, as defined in
22 s. 946.503, Florida Statutes;
23 7. A representative from a local governmental entity
24 that purchases products that are produced by prison
25 industries;
26 8. A representative from a private industry that
27 regularly employs former inmates;
28 9. A representative from a private industry that
29 regularly trains inmates;
30 10. 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 11. 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 specified in subparagraphs (b)6.-11. by July 1,
8 2006.
9 (d) The task force shall hold its first meeting by
10 July 15, 2006.
11 (e) All recommendations of the task force shall be by
12 majority vote.
13 (f) The task force shall meet at the call of the
14 chairperson and shall conduct at least three public meetings.
15 (g) Members of the task force shall serve without
16 compensation, but are entitled to reimbursement for per diem
17 and travel expenses in accordance with s. 112.061, Florida
18 Statutes.
19 (h) The Legislative Committee on Intergovernmental
20 Relations shall provide staff support for the task force.
21 (2)(a) The task force shall receive testimony from the
22 Auditor General, the Governor's Inspector General, the Office
23 of Program Policy Analysis and Government Accountability,
24 PRIDE, and other appropriate officials to address the
25 following:
26 1. Are the statutory missions of the prison industries
27 program as defined in s. 946.501(2), Florida Statutes, still
28 valid?
29 2. Should other valid missions be included within the
30 program?
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1 3. How do the current or recommended missions conflict
2 with any other valid missions?
3 4. Should the missions be ranked in order of priority
4 and, if so, to what extent can accomplishment of a
5 higher-priority mission be reduced in order to accomplish a
6 lower-priority mission?
7 5. Is the method of addressing the legislative finding
8 in s. 946.501(3), Florida Statutes, which is that it is in the
9 best interest of the state, inmates, and the general public to
10 duplicate as closely as possible free-enterprise production
11 and service operations, also the most effective manner in
12 which to accomplish the missions of the prison industries
13 program?
14 6. Should the structure for managing the correctional
15 work program be changed in order to facilitate accomplishing
16 the missions of the program?
17 7. Is operating the prison industries program
18 independently of state government the most effective manner in
19 which to accomplish its valid mission?
20 8. To what extent can PRIDE fulfill the legislative
21 intent stated in s. 946.502(6), Florida Statutes, which is
22 that prison industries programs use inmates in all levels of
23 custody, with specific emphasis on reducing idleness among
24 inmates in close custody?
25 9. To what extent, if any, have privatization of
26 governmental functions and changing markets reduced sales by
27 PRIDE or impeded its ability to expand prison industry
28 training?
29 10. What creative strategies could enhance the prison
30 industries program's ability to meet its valid missions?
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1 (b) The task force shall submit a report of its
2 findings and recommendations to the Governor, the President of
3 the Senate, and the Speaker of the House of Representatives by
4 February 15, 2007.
5 (3) All meetings of the task force and all business of
6 the task force for which reimbursement may be requested must
7 be concluded before the report is filed. The task force is
8 abolished July 1, 2007.
9 Section 2. Subsection (1) of section 946.505, Florida
10 Statutes, is amended to read:
11 946.505 Reversion upon dissolution of corporation or
12 termination of lease.--
13 (1) In the event the corporation is dissolved or its
14 lease of any correctional work program expires or is otherwise
15 terminated, all property relating to such correctional work
16 program which ceases to function because of such termination
17 or dissolution, including all buildings, land, furnishings,
18 equipment, and other chattels and assets, whether originally
19 leased from the department or, as well as any subsequently
20 constructed or otherwise acquired facilities in connection
21 with its continued operation of that program, automatically
22 reverts to full ownership by the department unless the
23 corporation intends to use utilize such property in another
24 correctional work program. Such a reversionary ownership
25 interest of the state in any and all such after-acquired
26 facilities, property, and assets by the corporation is in
27 furtherance of the goals established in s. 946.502(4), and
28 such a present ownership interest by the state is a continuing
29 and insurable state interest.
30 Section 3. Section 946.510, Florida Statutes, is
31 amended to read:
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1 946.510 Insurance by Division of Risk Management.--
2 (1) Pursuant to the applicable provisions of chapter
3 284, the Division of Risk Management of the Department of
4 Financial Services may is authorized to insure the corporation
5 under the same general terms and conditions as the Department
6 of Corrections was insured by the division prior to the
7 corporation leasing the correctional work programs as
8 authorized by this chapter.
9 (2) In insuring the corporation under subsection (1),
10 an employee of the corporation shall, for purposes of chapter
11 440, be deemed an employee of the state.
12 Section 4. This act shall take effect upon becoming a
13 law.
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