HB 829

1
A bill to be entitled
2An act relating to prison industries; creating the Prison
3Industries Task Force within the Office of Legislative
4Services; requiring the task force to determine how well
5the prison industries program has fulfilled its statutory
6mission and purpose; providing for the appointment of
7members to the task force; requiring the task force to
8hold a minimum number of public meetings; providing that
9the meetings and records of the task force are subject to
10public meetings requirements and the public records law;
11providing for members of the task force to be reimbursed
12for per diem and travel expenses; requiring the
13Legislative Committee on Intergovernmental Relations to
14provide staff support for the task force; specifying the
15duties of the task force with respect to taking testimony;
16requiring the task force to submit a report to the
17Governor and the Legislature; abolishing the task force on
18a future date; amending s. 946.505, F.S.; clarifying the
19state's reversionary interest in the facilities, property,
20and assets of the corporation operating a correctional
21work program; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Prison Industries Task Force.--
26     (1)(a)  There is created within the Office of Legislative
27Services the Prison Industries Task Force to review how well
28PRIDE has fulfilled its statutory missions and purposes and
29whether the statutory missions of the prison industries program
30are feasible and relevant today and in the future.
31     (b)  The task force shall consist of the following 14
32members:
33     1.  The Secretary of Corrections, who shall serve as chair,
34and two wardens of prisons that have prison industries programs;
35     2.  A representative from the Agency for Workforce
36Innovation;
37     3.  A representative from the Office of Workforce Education
38within the Department of Education;
39     4.  A representative from Florida TaxWatch;
40     5.  A member of the Senate, appointed by the President of
41the Senate;
42     6.  A member of the House of Representatives, appointed by
43the Speaker of the House of Representatives;
44     7.  A representative from the board of directors of the
45private nonprofit prison industries corporation, as defined in
46s. 946.503, Florida Statutes;
47     8.  A representative from a local governmental entity that
48purchases products that are produced by prison industries;
49     9.  A representative from a private industry that regularly
50employs former inmates;
51     10.  A representative from a private industry that
52regularly trains inmates;
53     11.  A representative from the academic community who has
54expertise in research concerning the reentry of former prisoners
55into society and the employment of former felons; and
56     12.  A former inmate who has worked in the prison
57industries program.
58     (c)  The President of the Senate and the Speaker of the
59House of Representatives shall jointly appoint the members of
60the task force specified in subparagraphs (b)7.-11. by July 1,
612006.
62     (d)  The task force shall hold its first meeting by July
6315, 2006, at which time the members shall select by majority
64vote a chairperson from among themselves.
65     (e)  All recommendations of the task force shall be by
66majority vote.
67     (f)  The task force shall meet at the call of the
68chairperson and shall conduct at least three public meetings.
69     (g)  Meetings of the task force shall be open to the public
70and are subject to the requirements of s. 286.011, Florida
71Statutes. Records of the task force are public records and
72subject to chapter 119, Florida Statutes, except to the extent
73that public access to any of those records is restricted by law.
74     (h)  Members of the task force shall serve without
75compensation, but are entitled to reimbursement for per diem and
76travel expenses in accordance with s. 112.061, Florida Statutes.
77     (i)  The Legislative Committee on Intergovernmental
78Relations shall provide staff support for the task force.
79     (2)(a)  The task force shall receive testimony from the
80Auditor General, the Chief Inspector General, the Office of
81Program Policy Analysis and Government Accountability, PRIDE,
82and other appropriate officials to address the following:
83     1.  Are the statutory missions of the prison industries
84program as defined in s. 946.501(2), Florida Statutes, still
85valid?
86     2.  Should other valid missions be included within the
87program?
88     3.  How do the current or recommended missions conflict
89with any other valid missions?
90     4.  Should the missions be ranked in order of priority and,
91if so, to what extent can accomplishment of a higher-priority
92mission be reduced in order to accomplish a lower-priority
93mission?
94     5.  Is the method of addressing the legislative finding in
95s. 946.501(3), Florida Statutes, which is that it is in the best
96interest of the state, inmates, and the general public to
97duplicate as closely as possible free-enterprise production and
98service operations, also the most effective manner in which to
99accomplish the missions of the prison industries program?
100     6.  Should the structure for managing the correctional work
101program be changed in order to facilitate accomplishing the
102missions of the program?
103     7.  Is operating the prison industries program
104independently of state government the most effective manner in
105which to accomplish its valid mission?
106     8.  To what extent can PRIDE fulfill the legislative intent
107stated in s. 946.502(6), Florida Statutes, which is that prison
108industries programs use inmates in all levels of custody, with
109specific emphasis on reducing idleness among inmates in close
110custody?
111     9.  To what extent, if any, have privatization of
112governmental functions and changing markets reduced sales by
113PRIDE or impeded its ability to expand prison industry training?
114     10.  What creative strategies could enhance the prison
115industries program's ability to meet its valid missions?
116     (b)  The task force shall submit a report of its findings
117and recommendations to the Governor, the President of the
118Senate, and the Speaker of the House of Representatives by
119February 15, 2007.
120     (3)  All meetings of the task force and all business of the
121task force for which reimbursement may be requested must be
122concluded before the report is filed. The task force is
123abolished July 1, 2007.
124     Section 2.  Subsection (1) of section 946.505, Florida
125Statutes, is amended to read:
126     946.505  Reversion upon dissolution of corporation or
127termination of lease.--
128     (1)  In the event the corporation is dissolved or its lease
129of any correctional work program expires or is otherwise
130terminated, all property relating to such correctional work
131program which ceases to function because of such termination or
132dissolution, including all buildings, land, furnishings,
133equipment, and other chattels and assets, whether originally
134leased from the department or, as well as any subsequently
135constructed or otherwise acquired facilities in connection with
136its continued operation of that program, automatically reverts
137to full ownership by the department unless the corporation
138intends to use utilize such property in another correctional
139work program. Such a reversionary ownership interest of the
140state in any and all such after-acquired facilities, property,
141and assets by the corporation is in furtherance of the goals
142established in s. 946.502(4), and such a present ownership
143interest by the state is a continuing and insurable state
144interest.
145     Section 3.  This act shall take effect upon becoming a law.


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