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946.502

Legislative intent with respect to operation of correctional work programs.

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946.502 Legislative intent with respect to operation of correctional work programs.—
(1) It is the intent of the Legislature that a nonprofit corporation lease and manage the correctional work programs of the Department of Corrections.
(2) It is further the intent of the Legislature that, once one such nonprofit corporation is organized, no other nonprofit corporation be organized for the purpose of carrying out this part. In carrying out this part, the corporation is not an “agency” within the meaning of s. 20.03(1).
(3) It is further the intent of the Legislature that the corporation shall lease all correctional work programs from the department.
(4) It is further the intent of the Legislature that the state shall have a continuing interest in assuring continuity and stability in the operation of correctional work programs and that this part be construed in furtherance of such goals.
(5) It is further the intent of the Legislature that, although the state has a continuing interest in correctional work programs, such programs can best operate independently of state government.
(6) It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels, with specific emphasis on reducing idleness among close custody inmates.
History.—s. 2, ch. 83-209; ss. 1, 2, ch. 83-345; s. 1, ch. 84-280; ss. 4, 5, ch. 87-286; s. 27, ch. 89-526; s. 1, ch. 96-270; s. 1, ch. 2001-242; s. 131, ch. 2023-8.
Note.—Former s. 946.01.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1994–2022 · leading case: Prison Rehabilitative Industries v. Betterson
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Prison Rehabilitative Industries v. Betterson (1994) fladistctapp · cites it 5× “511 (Department of Corrections is required to make a sufficient number of inmates available to PRIDE and to approve policies and procedures established by PRIDE relating to the use of inmates in its work programs); § 946.502(1) (PRIDE is restricted to nonprofit status); § 946.”
UCF Athletics Ass'n v. Plancher (2013) fladistctapp · cites it 2× “at 780 (quoting § 946.502(4), Fla. Stat. (2011)). Therefore, although PRIDE was allowed substantial independence in the running of the work programs, essential operations remained subject to a number of legislatively mandated constraints over its day-to-day operations.”
Pagan v. Sarasota County Public Hospital Board (2004) fladistctapp · cites it 2× “; § 946.502, Fla. Stat. (1988). While recognizing that under the statute “PRIDE was accorded substantial independence in the running of the work programs,” the court focused on the fact that PRIDE’s “essential operations nevertheless remained subject to a number of legislatively…”
Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD. (2004) fladistctapp · cites it 2× “While recognizing that under the statute "PRIDE was accorded substantial independence in the running of the work programs," the court focused on the fact that PRIDE's "essential operations nevertheless remained subject to a number of legislatively mandated constraints over its…”
Tedder v. Pride Enterprises Incorporated, Corporate Office (2021) flmd “]” Pursuant to Florida Statute, Section 946.502(6): “It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels with 6 specific emphasis on reducing idleness among close custody…”
Tedder v. Pride Enterprises Incorporated, Corporate Office (2022) flmd “]” Pursuant to Florida Statute, Section 946.502(6): “It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels with specific emphasis on reducing idleness among close custody…”
— 946.502(1) — 1 case
Prison Rehabilitative Industries v. Betterson (1994) fladistctapp “511 (Department of Corrections is required to make a sufficient number of inmates available to PRIDE and to approve policies and procedures established by PRIDE relating to the use of inmates in its work programs); § 946.502(1) (PRIDE is restricted to nonprofit status); § 946.”
— 946.502(2) — 1 case
Prison Rehabilitative Industries v. Betterson (1994) fladistctapp “511 (Department of Corrections is required to make a sufficient number of inmates available to PRIDE and to approve policies and procedures established by PRIDE relating to the use of inmates in its work programs); § 946.502(1) (PRIDE is restricted to nonprofit status); § 946.”
— 946.502(4) — 2 cases
UCF Athletics Ass'n v. Plancher (2013) fladistctapp “at 780 (quoting § 946.502(4), Fla. Stat. (2011)). Therefore, although PRIDE was allowed substantial independence in the running of the work programs, essential operations remained subject to a number of legislatively mandated constraints over its day-to-day operations.”
Prison Rehabilitative Industries v. Betterson (1994) fladistctapp “511 (Department of Corrections is required to make a sufficient number of inmates available to PRIDE and to approve policies and procedures established by PRIDE relating to the use of inmates in its work programs); § 946.502(1) (PRIDE is restricted to nonprofit status); § 946.”
— 946.502(5) — 1 case
Prison Rehabilitative Industries v. Betterson (1994) fladistctapp “511 (Department of Corrections is required to make a sufficient number of inmates available to PRIDE and to approve policies and procedures established by PRIDE relating to the use of inmates in its work programs); § 946.502(1) (PRIDE is restricted to nonprofit status); § 946.”
— 946.502(6) — 2 cases
Tedder v. Pride Enterprises Incorporated, Corporate Office (2021) flmd “]” Pursuant to Florida Statute, Section 946.502(6): “It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels with 6 specific emphasis on reducing idleness among close custody…”
Tedder v. Pride Enterprises Incorporated, Corporate Office (2022) flmd “]” Pursuant to Florida Statute, Section 946.502(6): “It is further the intent of the Legislature that the corporation will devise and operate correctional work programs to utilize inmates of all custody levels with specific emphasis on reducing idleness among close custody…”
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