Florida Senate - 2016 SB 1606
By Senator Simmons
10-01471-16 20161606__
1 A bill to be entitled
2 An act relating to correctional work programs;
3 repealing provisions of part II of ch. 946, F.S.,
4 relating to leased or managed work programs and the
5 authorization of a certain nonprofit corporation to
6 operate correctional work programs using buildings and
7 land leased by the Department of Corrections;
8 providing a directive to the Division of Law Revision
9 and Information; creating ss. 946.5101 and 946.5102,
10 F.S.; providing legislative findings and intent;
11 creating s. 946.5103, F.S.; providing definitions;
12 creating s. 946.51035, F.S.; providing
13 nonapplicability with respect to certain inmate
14 programs; creating s. 946.5104, F.S.; authorizing the
15 department to use specified facilities and equipment
16 in connection with correctional work programs;
17 creating s. 946.5105, F.S.; authorizing the department
18 to create and operate correctional work programs;
19 providing for evaluation and assignment of inmates to
20 such programs; creating s. 946.5106, F.S.; providing
21 for rulemaking; creating s. 946.5107, F.S.; providing
22 for the sale of goods and services produced in
23 correctional work programs; prohibiting state agencies
24 from purchasing goods and services from other sources
25 in certain circumstances if correctional work programs
26 produce comparable goods and services; providing for
27 sale or disposal of agricultural commodities;
28 exempting sales to government entities from specified
29 purchasing provisions; authorizing the department to
30 provide inmate services or inmate goods to private
31 enterprises in certain circumstances; providing
32 applicability; creating s. 946.5108, F.S.; prohibiting
33 the sale of goods made by inmates except when in
34 compliance with specified provisions; creating s.
35 946.5109, F.S.; providing for the rights of inmates;
36 specifying that inmates are not state employees;
37 creating s. 946.5111, F.S.; authorizing the department
38 to contract with the private sector to establish a
39 prison industry enhancement (PIE) program; providing
40 purposes and objectives of such a program; requiring
41 private-sector employers to provide participating
42 inmates with workers’ compensation coverage;
43 specifying that an inmate’s participation in the PIE
44 program is not employment for purposes of unemployment
45 compensation; transferring, renumbering, and amending
46 s. 946.522, F.S., relating to the Prison Industries
47 Trust Fund; conforming provisions to changes made by
48 the act; creating s. 946.5113, F.S.; creating the
49 Prison Industry Board of Directors; providing for
50 membership, meetings, and compensation of the board;
51 providing for staggered terms of members; creating s.
52 946.5115, F.S.; providing for powers and duties of the
53 board and the department; requiring an annual report
54 to the Governor and Legislature; amending ss. 212.08,
55 255.25001, 283.33, 403.757, 957.04, and 958.12, F.S.;
56 conforming provisions to changes made by the act;
57 providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Sections 946.501, 946.502, 946.5025, 946.5026,
62 946.503, 946.504, 946.505, 946.506, 946.509, 946.5095, 946.510,
63 946.511, 946.512, 946.513, 946.514, 946.515, 946.516, 946.517,
64 946.518, 946.520, 946.523, 946.524, and 946.525, Florida
65 Statutes, are repealed.
66 Section 2. The Division of Law Revision and Information is
67 directed to rename part II of chapter 946, Florida Statutes,
68 consisting of ss. 946.5101-946.5115, as “Department of
69 Corrections Programs.”
70 Section 3. Section 946.5101, Florida Statutes, is created
71 to read:
72 946.5101 Legislative findings.—
73 (1) The Legislature finds that the department’s
74 correctional work programs are unique from other state
75 government programs since it is essential to the state that
76 correctional work programs provide inmates with useful
77 activities that, to reduce recidivism, can lead to meaningful
78 employment after release.
79 (2) The Legislature also finds that the mission of the
80 department’s correctional work programs is, in order of
81 priority, to:
82 (a) Provide a joint effort between the department, the
83 correctional work programs, and other vocational training
84 programs to reinforce relevant education, training, and
85 postrelease job placement and help reduce recidivism.
86 (b) Serve the security goals of the state through reduction
87 in the idleness of inmates and provision of an incentive for
88 good behavior in prison.
89 (c) Reduce costs to state government by operating
90 enterprises primarily with inmate labor while requiring that the
91 enterprises do not seek to unreasonably compete with private
92 enterprise.
93 (d) Serve the rehabilitative goals of the state by
94 duplicating in prison, as closely as possible, free enterprise
95 and profitmaking activities.
96 (3) The Legislature further finds that correctional work
97 programs which duplicate in prison, as closely as possible, the
98 production of goods and services outside prison aid inmates in
99 adjustment after release, prepare inmates for gainful
100 employment, and serve the best interests of the state, inmates,
101 and the public.
102 Section 4. Section 946.5102, Florida Statutes, is created
103 to read:
104 946.5102 Legislative intent.—It is the intent of the
105 Legislature that the department operate correctional work
106 programs that provide inmates with useful activities that, to
107 reduce recidivism, can lead to meaningful employment after
108 release.
109 Section 5. Section 946.5103, Florida Statutes, is created
110 to read:
111 946.5103 Definitions.—As used in this part, the term:
112 (1) “Correctional work program” means an inmate work
113 program administered by the department or operated at any state
114 correctional facility.
115 (2) “Department” means the Department of Corrections.
116 (3) “Facilities” means the buildings and land used in the
117 operation of a correctional work program on state property.
118 (4) “Inmate” means a person incarcerated within a state,
119 county, municipal, or private correctional facility in this
120 state.
121 Section 6. Section 946.51035, Florida Statutes, is created
122 to read:
123 946.51035 Applicability.—This part does not apply to a
124 program authorized by s. 945.091 or s. 946.40.
125 Section 7. Section 946.5104, Florida Statutes, is created
126 to read:
127 946.5104 Use of facilities.—The department is authorized to
128 use all leased facilities, including all buildings, land,
129 furnishings, equipment, and other chattels, as well as any
130 subsequently constructed or otherwise acquired facilities, in
131 connection with its operation of correctional work programs.
132 Section 8. Section 946.5105, Florida Statutes, is created
133 to read:
134 946.5105 Inmate labor.—
135 (1) The department is authorized to create and operate
136 correctional work programs.
137 (2)(a) Inmates shall be evaluated during the reception
138 process to determine basic literacy, employment skills, academic
139 skills, vocational skills, and remedial and rehabilitative
140 needs. The evaluation shall prescribe education, work, and work
141 training for each inmate. Assignment of inmates to programs
142 shall be based on the evaluation and length of time the inmate
143 will be in the department’s custody, shall be reviewed every 6
144 months to ensure proper placement based on bed space
145 availability, and shall be governed by the following objectives
146 and priorities:
147 1. Inmates shall be assigned to programs to meet the work
148 requirement needs of the department, including performing
149 essential operational functions and meeting the requirements of
150 revenue-generating contracts.
151 2. Inmates shall be assigned to correctional education
152 programs.
153 3. Inmates shall be assigned to programs to meet all other
154 work-requirement needs of the department, including performing
155 remaining operational functions and meeting the requirements of
156 non-revenue-generating contracts.
157 (b) For purposes of this subsection, the term “revenue
158 generating contracts” includes contracts with the department;
159 the Department of Transportation; private-sector businesses
160 operating programs authorized under s. 946.5111; and federal,
161 state, or local governmental entities or subdivisions providing
162 services authorized under s. 944.10(7).
163 Section 9. Section 946.5106, Florida Statutes, is created
164 to read:
165 946.5106 Rulemaking.—The department shall establish
166 policies and procedures relating to the use of inmates in its
167 correctional work programs. Any such policies and procedures in
168 effect on the effective date of this section remain in effect
169 and do not require additional approval under this section. The
170 department may adopt rules, procedures, and policies relating to
171 the use of its inmates in correctional work programs.
172 Section 10. Section 946.5107, Florida Statutes, is created
173 to read:
174 946.5107 Goods and services produced in correctional work
175 programs.—
176 (1) Any service or item manufactured, processed, grown, or
177 produced by the department in a correctional work program may be
178 furnished or sold to any legislative, executive, or judicial
179 agency of the state; any political subdivision; any other state;
180 any foreign entity or agent thereof; any agency of the Federal
181 Government; any contract vendor for such agencies; any
182 subcontractor of the contract vendor for such agencies; or any
183 person, firm, or business entity, if not prohibited by federal
184 law.
185 (2) A state agency may not purchase from any other source a
186 product or service of comparable price and quality found
187 necessary for the agency’s use which is similar to a product or
188 service produced by the department through a correctional work
189 program if the department certifies that the product is
190 manufactured by, or the service is provided by, inmates and the
191 product or service meets the comparable performance
192 specifications and comparable price and quality requirements of
193 s. 287.042(1)(f) or as determined by an individual agency as
194 provided in this section. The purchasing authority of any such
195 state agency may make reasonable determinations of need, price,
196 and quality with reference to goods and services available from
197 the department. If there is a dispute between the department and
198 a purchasing authority based on price or quality under this
199 section or s. 287.042(1)(f), either party may request a hearing
200 before the Department of Management Services and, if not
201 resolved, either party may request a proceeding pursuant to ss.
202 120.569 and 120.57, which shall be referred to the Division of
203 Administrative Hearings within 60 days after such request, to
204 resolve any dispute under this section. No party is entitled to
205 an appeal pursuant to s. 120.68.
206 (3) Agricultural commodities, including, but not limited
207 to, sugar cane, vegetables, beef, and dairy products, may be
208 sold to private entities or may be sold or disposed of as
209 provided in subsections (1) and (2).
210 (4) Part I of chapter 287 does not apply to any purchases
211 of commodities or contractual services made by any legislative,
212 executive, or judicial agency of the state from the department.
213 (5) The department may contract to provide inmate goods or
214 inmate services to private enterprises when such goods or
215 services are under the direct supervision of the department and
216 it is determined by the Governor that the department, by
217 providing such services or goods, does not unreasonably seek to
218 compete with other businesses in this state.
219 (6) Section 946.5108 does not apply to this section.
220 Section 11. Section 946.5108, Florida Statutes, is created
221 to read:
222 946.5108 Sale of goods made by inmates.—Goods, wares, or
223 merchandise manufactured or mined, in whole or in part, by
224 inmates, other than inmates on parole or probation, may not be
225 sold or offered for sale in this state by any person or by any
226 federal authority or state or political subdivision thereof;
227 however, this section does not forbid the sale, exchange, or
228 disposition of such goods within the limitations of ss. 946.5107
229 and 946.5111.
230 Section 12. Section 946.5109, Florida Statutes, is created
231 to read:
232 946.5109 Rights of inmates; inmates not state employees;
233 liability for inmate injuries.—
234 (1) This part does not restore, in whole or in part, the
235 civil rights of inmates.
236 (2) An inmate compensated under this part or by the
237 department is not an employee of the state or the department for
238 any purpose.
239 Section 13. Section 946.5111, Florida Statutes, is created
240 to read:
241 946.5111 Prison industry enhancement program.—
242 (1) The department may operate or contract with the private
243 sector for substantial operational involvement in a prison
244 industry enhancement (PIE) program that includes, but is not
245 limited to, contracts for the operation of a private-sector
246 business within a prison and the hiring of inmates for such
247 business. A contract authorized by this subsection must comply
248 with federal law governing inmate work programs and must not
249 result in the significant displacement of employed workers in
250 the community. The purposes and objectives of this program are
251 to:
252 (a) Increase the benefits to the public by reimbursing the
253 state for a portion of the costs of incarceration.
254 (b) Provide purposeful work for inmates.
255 (c) Increase an inmate’s job skills.
256 (d) Provide additional opportunities for rehabilitating
257 inmates who are otherwise ineligible to work outside prison,
258 such as maximum security inmates.
259 (e) Develop and establish new models for prison-based
260 businesses which create prison employment that resembles
261 private-sector employment.
262 (f) Generate funds for deposit into the Crimes Compensation
263 Trust Fund.
264 (g) Substantially involve the private sector and its
265 capital, management skills, and expertise in the design,
266 development, and operation of prison-based businesses.
267 (h) Provide a financial means for an inmate to contribute
268 to the support of his or her family.
269 (i) Provide for the payment of state and federal taxes on
270 an inmate’s wages, which are paid at the rate of the prevailing
271 or minimum wage rate.
272 (j) Provide savings for the inmate to have available for
273 his or her use upon his or her release from prison.
274 (2) Notwithstanding s. 440.15(8) and any other provision of
275 law, private-sector employers shall provide workers’
276 compensation coverage to inmates who participate in a prison
277 industry enhancement (PIE) program under subsection (1).
278 However, an inmate’s participation in such a program is not
279 employment that, pursuant to s. 443.1216, is subject to
280 unemployment compensation or reemployment assistance.
281 Section 14. Section 946.522, Florida Statutes, is
282 transferred, renumbered as s. 946.5112, Florida Statutes, and
283 amended to read:
284 946.5112 946.522 Prison Industries Trust Fund.—
285 (1) The Prison Industries Trust Fund is created, to be
286 administered by the Department of Financial Services. The trust
287 fund shall consist of moneys authorized to be deducted pursuant
288 to 18 U.S.C. s. 1761(c) and the applicable federal guidelines,
289 to be appropriated by the Legislature, and moneys deposited by
290 the department which are generated from corporation authorized
291 under this part to manage and operate correctional work
292 programs. The appropriated funds shall be used by the department
293 corporation for purposes of construction or renovation of its
294 facilities or for the expansion or establishment of correctional
295 work programs as described in this part or for prison industries
296 enhancement (PIE) programs as authorized under s. 946.5111
297 946.523.
298 (2) The funds must be deposited in the State Treasury and
299 may be paid out only on warrants drawn by the Chief Financial
300 Officer upon receipt of a corporate resolution that has been
301 duly authorized by the board of directors of the corporation
302 authorized under this part to manage and operate correctional
303 work programs. The corporation shall maintain all necessary
304 records and accounts relative to such funds.
305 (2)(3) The trust fund is exempt from s. 215.20.
306 (3)(4) Notwithstanding s. 216.301 and pursuant to s.
307 216.351, any balance in the trust fund at the end of any fiscal
308 year shall remain in the trust fund at the end of that year and
309 shall be available for carrying out the purposes of the trust
310 fund.
311 (4)(5) Pursuant to s. 19(f)(3), Art. III of the State
312 Constitution, the trust fund consists of assets held by the
313 state for purposes of, in a trustee capacity, as an agent or
314 fiduciary for the corporation authorized under this part, and is
315 not subject to termination under s. 19(f)(2), Art. III of the
316 State Constitution.
317 Section 15. Section 946.5113, Florida Statutes, is created
318 to read:
319 946.5113 Prison Industry Board of Directors; creation;
320 membership; meetings; compensation.—
321 (1) The Prison Industry Board of Directors is created
322 within the department and shall be composed of seven members, as
323 follows:
324 (a) Six members shall be appointed by the Governor and
325 confirmed by the Senate, two of whom shall be representatives of
326 Florida-based business enterprises, two of whom shall be
327 representatives of agricultural enterprises, and two of whom
328 shall be representatives of the field of vocational training.
329 (b) One member shall be the Secretary of Corrections.
330 (2) All members, except the Secretary of Corrections, shall
331 serve 4-year staggered terms. The Secretary of Corrections shall
332 serve ex officio as a voting member while he or she remains
333 secretary. Members may be reappointed. Vacancies shall be filled
334 by appointment for the remainder of the unexpired portion of the
335 term by the occupant of the office from which the appointment to
336 the vacant seat was originally made.
337 (3) As soon as practicable after members are appointed, the
338 board shall hold an organizational meeting and elect a chair and
339 such other officers as it deems necessary. However, the
340 Secretary of Corrections is not eligible for election to any
341 office. Officers shall serve for l year and may be reelected.
342 (4) The board shall meet at least four times each year and
343 may hold additional meetings at the call of the chair, provided
344 each member is given at least 3 days’ notice of such meeting. A
345 majority of the members constitutes a quorum for the transaction
346 of business. Action may be taken by a majority of the members
347 present at a meeting when a quorum is present.
348 (5) Members shall serve without compensation but are
349 entitled to per diem and travel expenses as provided in s.
350 112.061.
351 Section 16. Notwithstanding s. 946.5113, Florida Statutes,
352 as created by this act, to establish staggered terms for the
353 Prison Industry Board of Directors, the terms of the initial
354 members appointed by the Governor shall be as follows: two
355 members shall serve for 2 years, two members shall serve for 3
356 years, and two members shall serve for 4 years, as determined by
357 the Governor.
358 Section 17. Section 946.5115, Florida Statutes, is created
359 to read:
360 946.5115 Prison Industry Board of Directors; powers and
361 duties.—
362 (1) The Prison Industry Board of Directors shall:
363 (a) Plan correctional work programs that provide suitable
364 training and work experience to assist the rehabilitation and
365 training of persons confined to adult correctional institutions.
366 (b) Recommend the establishment and maintenance of
367 industrial plants that can be operated primarily by inmates in a
368 manner beneficial to the state and beneficial in the training of
369 inmates through the manufacturing, processing, or producing of
370 items that are practical and adaptable for the prison industry
371 and items that are needed and used by any legislative,
372 executive, or judicial agency of the state; any political
373 subdivision; any other state; any foreign entity or agent
374 thereof; any agency of the Federal Government; any contract
375 vendor for such agencies; any subcontractor of the contract
376 vendor for such agencies; or any person, firm, or business
377 entity, if not prohibited by federal law.
378 (c) Annually review the operation of correctional work
379 programs.
380 (d) Determine which existing industries are operated on a
381 self-sustaining basis and recommend policies that would assist
382 all correctional work programs in achieving a financially self
383 sustaining foundation.
384 (e)1. Provide an annual report to the Governor, the
385 President of the Senate, and the Speaker of the House of
386 Representatives before July 1 of each year summarizing the
387 status of the correctional work programs, including, but not
388 limited to, the proposed use of the profits from such programs,
389 a breakdown of the amount of noninmate labor used, work
390 subcontracted to other vendors, use of consultants, finished
391 goods purchased for resale, and the number of inmates working in
392 the correctional work programs. The department shall also
393 include, as a part of its annual report, a report on postrelease
394 job placement and the rate of subsequent recidivism for those
395 inmates who have participated in the correctional work programs
396 operated by the department. The annual report may also include
397 any other relevant information and recommendations for changes
398 in any other area of offender rehabilitation that would aid in
399 the establishment or success of a correctional work program.
400 2. In addition, the board shall submit to the Governor, the
401 President of the Senate, the Speaker of the House of
402 Representatives, and the Auditor General an annual financial
403 audit report and such other information as may be requested by
404 the Legislature.
405 (2) The department may implement correctional work
406 programs, taking into consideration the recommendations of the
407 board. The department shall work with the board, is responsible
408 for the administration of the correctional work programs, and
409 shall provide the board with staff assistance to carry out this
410 part.
411 Section 18. Paragraph (kk) of subsection (7) of section
412 212.08, Florida Statutes, is amended to read:
413 212.08 Sales, rental, use, consumption, distribution, and
414 storage tax; specified exemptions.—The sale at retail, the
415 rental, the use, the consumption, the distribution, and the
416 storage to be used or consumed in this state of the following
417 are hereby specifically exempt from the tax imposed by this
418 chapter.
419 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
420 entity by this chapter do not inure to any transaction that is
421 otherwise taxable under this chapter when payment is made by a
422 representative or employee of the entity by any means,
423 including, but not limited to, cash, check, or credit card, even
424 when that representative or employee is subsequently reimbursed
425 by the entity. In addition, exemptions provided to any entity by
426 this subsection do not inure to any transaction that is
427 otherwise taxable under this chapter unless the entity has
428 obtained a sales tax exemption certificate from the department
429 or the entity obtains or provides other documentation as
430 required by the department. Eligible purchases or leases made
431 with such a certificate must be in strict compliance with this
432 subsection and departmental rules, and any person who makes an
433 exempt purchase with a certificate that is not in strict
434 compliance with this subsection and the rules is liable for and
435 shall pay the tax. The department may adopt rules to administer
436 this subsection.
437 (kk) Nonprofit corporation conducting the Correctional work
438 programs.—Products sold pursuant to s. 946.5107 946.515 by a
439 correctional work program the corporation organized pursuant to
440 part II of chapter 946 are exempt from the tax imposed by this
441 chapter. This exemption applies retroactively to July 1, 1983.
442 Section 19. Section 255.25001, Florida Statutes, is amended
443 to read:
444 255.25001 Department of Management Services not required to
445 participate in PRIDE leasing process; Department of Agriculture
446 and Consumer Services authorized to sell property without
447 complying with specified laws, distribution of proceeds.
448 Notwithstanding the provisions of:
449 (1) Section 946.504(3), as amended by chapter 92-279, Laws
450 of Florida, the Department of Management Services shall not be
451 required to participate with the Department of Corrections in
452 the correctional work program (PRIDE) leasing process.
453 (1)(2) Notwithstanding chapters 253 and 287, the Department
454 of Agriculture and Consumer Services is shall be authorized to
455 sell any tangible personal property, real property, or
456 structures on leased or department-owned real property without
457 complying with other provisions of law or Florida Statutes, with
458 the proceeds being deposited into the Property Trust Account in
459 the General Inspection Trust Fund. Before Prior to finalizing
460 any such sale, the department’s proposed action is shall be
461 subject to the notice and review procedures set forth in s.
462 216.177, as amended by chapter 92-142, Laws of Florida.
463 (2)(3) Notwithstanding subsection (1) (2), funds derived
464 from the sale of property by the Department of Agriculture and
465 Consumer Services located in Sanford, Florida, shall be
466 deposited into the Market Improvements Working Capital Trust
467 Fund. Before finalizing such sale, the department’s proposed
468 action shall be subject to the notice and review procedures set
469 forth in s. 216.177. This subsection expires July 1, 2015.
470 Section 20. Subsection (4) of section 283.33, Florida
471 Statutes, is amended to read:
472 283.33 Printing of publications; lowest bidder awards.—
473 (4) Section 946.5107(4) does The provisions of s.
474 946.515(4) shall not apply to purchases of printing.
475 Section 21. Subsection (2) of section 403.757, Florida
476 Statutes, is amended to read:
477 403.757 Coordination with other state agencies.—
478 (2) The nonprofit corporation established pursuant to s.
479 946.502 shall examine the feasibility of using used oil to fuel
480 boilers and furnaces of state government buildings.
481 Section 22. Paragraph (f) of subsection (1) of section
482 957.04, Florida Statutes, is amended to read:
483 957.04 Contract requirements.—
484 (1) A contract entered into under this chapter for the
485 operation of private correctional facilities shall maximize the
486 cost savings of such facilities and shall:
487 (f) Require the contractor to be responsible for a range of
488 dental, medical, and psychological services; diet; education;
489 and work programs at least equal to those provided by the
490 department in comparable facilities. The work and education
491 programs must be designed to reduce recidivism, and include
492 opportunities to participate in such work programs as authorized
493 pursuant to s. 946.5111 946.523.
494 Section 23. Subsection (1) of section 958.12, Florida
495 Statutes, is amended to read:
496 958.12 Participation in certain activities required.—
497 (1) A youthful offender shall be required to participate in
498 work assignments, and in career, academic, counseling, and other
499 rehabilitative programs in accordance with this section,
500 including, but not limited to:
501 (a) All youthful offenders may be required, as appropriate,
502 to participate in:
503 1. Reception and orientation.
504 2. Evaluation, needs assessment, and classification.
505 3. Educational programs.
506 4. Career and job training.
507 5. Life and socialization skills training, including
508 anger/aggression control.
509 6. Prerelease orientation and planning.
510 7. Appropriate transition services.
511 (b) In addition to the requirements in paragraph (a), the
512 department shall make available:
513 1. Religious services and counseling.
514 2. Social services.
515 3. Substance abuse treatment and counseling.
516 4. Psychological and psychiatric services.
517 5. Library services.
518 6. Medical and dental health care.
519 7. Athletic, recreational, and leisure time activities.
520 8. Mail and visiting privileges.
521
522 Income derived by a youthful offender from participation in such
523 activities may be used, in part, to defray a portion of the
524 costs of his or her incarceration or supervision; to satisfy
525 preexisting obligations; to pay fines, counseling fees, or other
526 costs lawfully imposed; or to pay restitution to the victim of
527 the crime for which the youthful offender has been convicted in
528 an amount determined by the sentencing court. Any such income
529 not used for such reasons or not used as provided in s.
530 946.5111(1) 946.513 or s. 958.09 shall be placed in a bank
531 account for use by the youthful offender upon his or her
532 release.
533 Section 24. This act shall take effect July 1, 2016.