1 | A bill to be entitled |
2 | An act relating to prison industries; creating the Prison |
3 | Industries Task Force within the Office of Legislative |
4 | Services; requiring the task force to determine how well |
5 | the prison industries program has fulfilled its statutory |
6 | mission and purpose; providing for the appointment of |
7 | members to the task force; requiring the task force to |
8 | hold a minimum number of public meetings; providing that |
9 | the meetings and records of the task force are subject to |
10 | public meetings requirements and the public records law; |
11 | providing for members of the task force to be reimbursed |
12 | for per diem and travel expenses; requiring the |
13 | Legislative Committee on Intergovernmental Relations to |
14 | provide staff support for the task force; specifying the |
15 | duties of the task force with respect to taking testimony; |
16 | requiring the task force to submit a report to the |
17 | Governor and the Legislature; abolishing the task force on |
18 | a future date; amending s. 946.505, F.S.; clarifying the |
19 | state's reversionary interest in the facilities, property, |
20 | and assets of the corporation operating a correctional |
21 | work program; providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Prison Industries Task Force.-- |
26 | (1)(a) There is created within the Office of Legislative |
27 | Services the Prison Industries Task Force to review how well |
28 | PRIDE has fulfilled its statutory missions and purposes and |
29 | whether the statutory missions of the prison industries program |
30 | are feasible and relevant today and in the future. |
31 | (b) The task force shall consist of the following 14 |
32 | members: |
33 | 1. The Secretary of Corrections, who shall serve as chair, |
34 | and two wardens of prisons that have prison industries programs; |
35 | 2. A representative from the Agency for Workforce |
36 | Innovation; |
37 | 3. A representative from the Office of Workforce Education |
38 | within the Department of Education; |
39 | 4. A representative from Florida TaxWatch; |
40 | 5. A member of the Senate, appointed by the President of |
41 | the Senate; |
42 | 6. A member of the House of Representatives, appointed by |
43 | the Speaker of the House of Representatives; |
44 | 7. A representative from the board of directors of the |
45 | private nonprofit prison industries corporation, as defined in |
46 | s. 946.503, Florida Statutes; |
47 | 8. A representative from a local governmental entity that |
48 | purchases products that are produced by prison industries; |
49 | 9. A representative from a private industry that regularly |
50 | employs former inmates; |
51 | 10. A representative from a private industry that |
52 | regularly trains inmates; |
53 | 11. A representative from the academic community who has |
54 | expertise in research concerning the reentry of former prisoners |
55 | into society and the employment of former felons; and |
56 | 12. A former inmate who has worked in the prison |
57 | industries program. |
58 | (c) The President of the Senate and the Speaker of the |
59 | House of Representatives shall jointly appoint the members of |
60 | the task force specified in subparagraphs (b)7.-11. by July 1, |
61 | 2006. |
62 | (d) The task force shall hold its first meeting by July |
63 | 15, 2006, at which time the members shall select by majority |
64 | vote a chairperson from among themselves. |
65 | (e) All recommendations of the task force shall be by |
66 | majority vote. |
67 | (f) The task force shall meet at the call of the |
68 | chairperson and shall conduct at least three public meetings. |
69 | (g) Meetings of the task force shall be open to the public |
70 | and are subject to the requirements of s. 286.011, Florida |
71 | Statutes. Records of the task force are public records and |
72 | subject to chapter 119, Florida Statutes, except to the extent |
73 | that public access to any of those records is restricted by law. |
74 | (h) Members of the task force shall serve without |
75 | compensation, but are entitled to reimbursement for per diem and |
76 | travel expenses in accordance with s. 112.061, Florida Statutes. |
77 | (i) The Legislative Committee on Intergovernmental |
78 | Relations shall provide staff support for the task force. |
79 | (2)(a) The task force shall receive testimony from the |
80 | Auditor General, the Chief Inspector General, the Office of |
81 | Program Policy Analysis and Government Accountability, PRIDE, |
82 | and other appropriate officials to address the following: |
83 | 1. Are the statutory missions of the prison industries |
84 | program as defined in s. 946.501(2), Florida Statutes, still |
85 | valid? |
86 | 2. Should other valid missions be included within the |
87 | program? |
88 | 3. How do the current or recommended missions conflict |
89 | with any other valid missions? |
90 | 4. Should the missions be ranked in order of priority and, |
91 | if so, to what extent can accomplishment of a higher-priority |
92 | mission be reduced in order to accomplish a lower-priority |
93 | mission? |
94 | 5. Is the method of addressing the legislative finding in |
95 | s. 946.501(3), Florida Statutes, which is that it is in the best |
96 | interest of the state, inmates, and the general public to |
97 | duplicate as closely as possible free-enterprise production and |
98 | service operations, also the most effective manner in which to |
99 | accomplish the missions of the prison industries program? |
100 | 6. Should the structure for managing the correctional work |
101 | program be changed in order to facilitate accomplishing the |
102 | missions of the program? |
103 | 7. Is operating the prison industries program |
104 | independently of state government the most effective manner in |
105 | which to accomplish its valid mission? |
106 | 8. To what extent can PRIDE fulfill the legislative intent |
107 | stated in s. 946.502(6), Florida Statutes, which is that prison |
108 | industries programs use inmates in all levels of custody, with |
109 | specific emphasis on reducing idleness among inmates in close |
110 | custody? |
111 | 9. To what extent, if any, have privatization of |
112 | governmental functions and changing markets reduced sales by |
113 | PRIDE or impeded its ability to expand prison industry training? |
114 | 10. What creative strategies could enhance the prison |
115 | industries program's ability to meet its valid missions? |
116 | (b) The task force shall submit a report of its findings |
117 | and recommendations to the Governor, the President of the |
118 | Senate, and the Speaker of the House of Representatives by |
119 | February 15, 2007. |
120 | (3) All meetings of the task force and all business of the |
121 | task force for which reimbursement may be requested must be |
122 | concluded before the report is filed. The task force is |
123 | abolished July 1, 2007. |
124 | Section 2. Subsection (1) of section 946.505, Florida |
125 | Statutes, is amended to read: |
126 | 946.505 Reversion upon dissolution of corporation or |
127 | termination of lease.-- |
128 | (1) In the event the corporation is dissolved or its lease |
129 | of any correctional work program expires or is otherwise |
130 | terminated, all property relating to such correctional work |
131 | program which ceases to function because of such termination or |
132 | dissolution, including all buildings, land, furnishings, |
133 | equipment, and other chattels and assets, whether originally |
134 | leased from the department or, as well as any subsequently |
135 | constructed or otherwise acquired facilities in connection with |
136 | its continued operation of that program, automatically reverts |
137 | to full ownership by the department unless the corporation |
138 | intends to use utilize such property in another correctional |
139 | work program. Such a reversionary ownership interest of the |
140 | state in any and all such after-acquired facilities, property, |
141 | and assets by the corporation is in furtherance of the goals |
142 | established in s. 946.502(4), and such a present ownership |
143 | interest by the state is a continuing and insurable state |
144 | interest. |
145 | Section 3. This act shall take effect upon becoming a law. |