Senate Bill sb0192e1

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




    CS for CS for SB 192                           First Engrossed



  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.

28  

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

30  

31         Section 1.  Prison Industries Task Force.--


                                  1

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






    CS for CS for SB 192                           First Engrossed



 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


                                  2

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






    CS for CS for SB 192                           First Engrossed



 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?

31  


                                  3

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






    CS for CS for SB 192                           First Engrossed



 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?

31  


                                  4

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






    CS for CS for SB 192                           First Engrossed



 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:


                                  5

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






    CS for CS for SB 192                           First Engrossed



 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.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  6

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