Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1800
027818
Senate
Comm: RCS
4/21/2008
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House
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The Committee on Criminal Justice (Crist) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Correctional Work Program Council; creation;
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members; powers and duties.--
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(1) The Correctional Work Program Council is established
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within the Agency for Workforce Innovation. The purpose of the
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council is to evaluate correctional work programs operating in
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the state and to make findings and recommendations concerning the
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practices and laws relating to correctional work programs. The
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council shall serve in an advisory capacity to the Legislature
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and the Governor.
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(2) The council shall consist of the following eight
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members:
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(a) A person appointed by the Governor.
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(b) A Senator appointed by the President of the Senate.
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(c) A Representative appointed by the Speaker of the House
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of Representatives.
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(d) The Commissioner of Agriculture, or his or her
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designee.
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(e) The Chief Financial Officer, or his or her designee.
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(f) The Attorney General, or his or her designee.
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(g) The Secretary of Corrections.
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(h) The chair of Prison Rehabilitative Industries and
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Diversified Enterprises, Inc.
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(3) The chair of the council shall be selected by the
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members. The council is not subject to control, supervision, or
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direction by the Agency for Workforce Innovation or the
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Department of Corrections.
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(4) The council shall hold its first meeting by September
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1, 2008. The council shall meet at least quarterly and at other
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times at the call of the chair or as determined by a majority of
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council members. A majority of the members of the council
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constitutes a quorum.
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(5) On or before January 15, 2009, the council shall report
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its findings and recommendations to the Governor, the President
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of the Senate, and the Speaker of the House of Representatives.
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The findings and recommendations shall include, but not be
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limited to:
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(a) How the current correctional work programs created
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under part II of chapter 946, Florida Statutes, operate.
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(b) Whether the goals and objectives of the correctional
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work programs fulfill a mission of vocational training and
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rehabilitation for the inmates that participate in the
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correctional work programs.
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(c) Whether the correctional work programs have reduced
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recidivism for participating inmates.
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(d) Whether current work programs provide basic job skills
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that enable participating ex-offenders to achieve meaningful
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employment.
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(e) Whether additional correctional work program
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opportunities could be created and the legal and financial
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considerations involved in creating such additional
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opportunities.
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(f) What services or products are currently produced by the
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correctional work programs, and what additional services or
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products could be developed, which could or should be purchased
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by the state or other governmental bodies.
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(g) How the Prison Industries Enhancement (PIE) programs
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operate and whether to use PIE programs to establish a business
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relationship between correctional work programs and private
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industry.
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(h) What are reasonable expectations for the growth of
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correctional work programs, including the financial goal of
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limited or no expenditures of state funds for such growth.
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(i) What are the legal and economic impediments that exist
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which discourage the growth of correctional work programs.
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(j) What changes in current procedures or practices of the
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Department of Corrections can be modified, changed, or otherwise
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incorporated in order to assist the corporation in expanding
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correctional work programs.
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(k) Such other relevant matters relating to items listed in
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this subsection.
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(6) Members of the council shall serve without compensation
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but are entitled to reimbursement for per diem and travel
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expenses pursuant to s. 112.061, Florida Statutes. Members shall
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be reimbursed from the budget of the entity through which they
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serve.
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(7) The Agency for Workforce Innovation shall provide staff
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and administrative support to the council.
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(8) The council shall cease to exist on June 30, 2009.
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Section 2. Subsections (3) and (4) are added to section
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946.523, Florida Statutes, to read:
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946.523 Prison industry enhancement (PIE) programs.--
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(3) Effective September 30, 2008, or at any date after
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September 30, 2008, as may be specified by the department, the
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corporation will relinquish the Prison Industries Enhancement or
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PIE certificate it now holds pursuant to 18 U.S.C. s. 1761 to the
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department. The department shall thereafter exercise the
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authority granted by this section. The department shall have all
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powers necessary to comply with the federal statutes and the
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Bureau of Justice Assistance guidelines for certifying programs
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in accordance with the PIE certificate.
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(4) The corporation and any entity operating under the PIE
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certificate, in consultation with the department, shall deduct
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amounts to be defined by the department, consistent with
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applicable federal law and guidelines, from an inmate's gross
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wages for taxes, room and board, family support, and victim's
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compensation. Deductions for room and board taken by the
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corporation or any entity operating under the PIE certificate
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shall be deposited in the department's Correctional Work Program
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Trust Fund.
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Section 3. Section 946.510, Florida Statutes, is amended to
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read:
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946.510 Insurance by Division of Risk Management.--
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(1) Pursuant to the applicable provisions of chapter 284,
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the Division of Risk Management of the Department of Financial
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Services is authorized to insure the corporation under the same
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general terms and conditions as the Department of Corrections was
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insured by the division prior to the corporation leasing the
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correctional work programs as authorized by this chapter.
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(2) Employees of the corporation shall be deemed employees
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of the state for the purposes of chapter 440.
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Section 4. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to correctional work programs; creating
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the Correctional Work Program Council; assigning the
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council to the Agency for Workforce Innovation for
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administrative purposes; providing a purpose for the
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council; providing for membership of the council;
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requiring that the council meet by a specified date;
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requiring the council to present a report to the Governor
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and the Legislature; providing requirements for the
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findings and the recommendations; providing for future
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expiration of the council; amending s. 946.523, F.S.;
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requiring a prison industry enhancement certificate to be
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relinquished to the Department of Corrections on a
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specified date; providing for the deposit of deductions
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from prison industry employee wages made after a specified
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date; amending s. 946.510, F.S.; providing that employees
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of the private nonprofit corporation operating prison
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industries are deemed state employees for workers'
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compensation purposes; providing an effective date.
4/15/2008 6:14:00 PM 12-07699-08
CODING: Words stricken are deletions; words underlined are additions.