This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0285.CRM
DATE: 2/1/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 285 Visiting County and Municipal Detention Facilities
SPONSOR(S): Benjamin and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee Mathews Hall
2) Public Integrity & Elections Committee
3) Judiciary Committee
SUMMARY ANALYSIS
Florida’s correctional system includes state-run correctional institutions, county and municipal detention
facilities, and state juvenile facilities. State correctional institutions are overseen by the Department of
Corrections (DOC), whereas county and municipal detention facilities are under the management and
supervision of the county or municipality or a designated county or municipal officer or body. State juvenile
facilities are funded and managed through collaboration between the state and local governments.
State facilities, including juvenile facilities, permit certain individuals and public officials to visit at their pleasure.
Specifically, the Governor, Cabinet members, members of the Florida House of Representatives and the
Florida Senate, and other specified persons, may visit any state correctional facility without notice. However,
for visitation of a state juvenile facility, the visit must take place between 6:00 a.m. and 11:00 p.m. unless a
request for an after-hours visit has been approved.
Currently, there is no comparable right of visitation for the same specified persons at county and municipal
detention facilities. If a public official wants to visit a county or municipal detention facility, he or she must do so
under the rules and regulations established by the county or municipality or by the designated county or
municipal officer or body.
HB 285 authorizes the following persons, who are elected or appointed to serve the county or municipality in
which the county or municipal detention facility is located, to visit such facility at their pleasure:
Members of the governing body of the county or municipality.
Members of the Legislature.
State court judges.
The state attorney.
The public defender.
The regional counsel.
The bill does not appear to have a fiscal impact on state or local government.
The bill provides an effective date of July 1, 2022.
STORAGE NAME: h0285.CRM PAGE: 2
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Detention Facilities
The Department of Corrections (DOC) oversees the supervision and custody of inmates and all
buildings, grounds, property, and other matters relating to the imprisonment, correction, and
rehabilitation of adult offenders.
1
The main types of detention centers are state correctional institutions,
commonly referred to as “prisons,” and county or municipal detention facilities, commonly referred to as
“jails.” Generally, inmates in county or municipal detention facilities are housed in the facility for up to
one year and state correctional institutions or prisons are used for housing inmates for longer than one
year.
State Facilities
A state correctional institution is any temporary or permanent prison, road camp, prison industry, prison
forestry camp, or any prison camp or prison farm or correctional facility in which prisoners are housed,
worked, or maintained under the custody and jurisdiction of DOC.
2
Section 944.23, F.S., authorizes
specific persons to visit state correctional institutions at their pleasure, including:
The Governor.
Cabinet members.
Members of the Legislature.
State court judges.
State attorneys.
Public defenders.
Authorized representatives of the Florida Commission on Offender Review.
3
Currently, no other person may be permitted to enter or visit a state correctional institution except under
regulations prescribed by DOC.
4
Permission to enter a state correctional facility may not be
unreasonably withheld from bona fide reporters or writers.
5
County and Municipal Detention Facilities
A county detention facility is a county jail, county stockade, county work camp, county residential
probation center, and any other place except a municipal detention facility used by a county or county
officer for the detention of persons charged with or convicted of a felony or misdemeanor.
6
Each county
sheriff’s office or board of county commissioners may establish the visitation rules for its respective
detention facilities, including, but not limited to, who may be authorized to visit, visitation hours, dress
codes, and admission requirements.
7
1
S. 945.025(1), F.S.
2
S. 944.02(8), F.S.
3
The Florida Commission on Offender Review is a quasi-judicial body that presides over hearings on post release decisions affecting
inmates and ex-offenders throughout the state. The Commission makes a variety of determinations regarding parole and other releases
and reviews releasees’ supervision status every two years. Florida Commission on Offender Review, Organization Overview,
https://www.fcor.state.fl.us/overview.shtml (last visited Feb. 1, 2022).
4
S. 944.23, F.S.
5
The terms “bona fide reporter” and “writer” are undefined in s. 944.23, F.S.
6
S. 951.23(1)(a), F.S.
7
For example, see Nassau County Sheriff’s Office, Jail Visitation, http://nassauso.com/corrections/jail-visitation/ (last visited Feb. 1,
2022). STORAGE NAME: h0285.CRM PAGE: 3
DATE: 2/1/2022
A municipal detention facility is a city jail, city stockade, city prison camp, and any other place except a
county detention facility used by a municipality or municipal officer for the detention of persons charged
with or convicted of a violation of municipal laws or ordinances.
8
A county or municipality may also extend specific visitation rules for private attorneys, state attorneys,
and public defenders.
9
There is no provision in current law authorizing specific persons and officials to
visit county or municipal detention facilities as there is for state correctional institutions.
Juvenile Facilities
A juvenile detention center or facility is a facility used pending court adjudication or disposition or
execution of court order for the temporary care of a juvenile alleged or found to have committed a
criminal offense.
10
In 2018, the Legislature authorized specific individuals and public officials to visit all
facilities housing juveniles under the Department of Juvenile Justice (DJJ) or a county between the
hours of 6:00 a.m. and 11:00 p.m.
11
The following persons are permitted to visit any juvenile facility
during such specified hours:
The Governor.
Cabinet members.
Members of the Legislature.
State court judges.
State attorneys.
Public defenders.
A person authorized by the Secretary of DJJ.
12
DJJ may not unreasonably withhold permission to visit a juvenile facility from a person who provides
sufficient proof that he or she is a bona fide reporter or writer.
13
Visitation may occur outside of the
regularly established timeframe as necessary under rules adopted by DJJ.
14
Effect of Proposed Changes
HB 285 authorizes the following persons, who are elected or appointed to serve the county or
municipality in which the county or municipal detention facility is located, to visit such facility at their
pleasure:
Members of the governing body of the county or municipality.
Members of the Legislature.
State court judges.
The state attorney.
The public defender.
The regional counsel.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 951.225, F.S., relating to persons authorized to visit county and municipal
detention facilities.
Section 2: Provides an effective date of July 1, 2022.
8
S. 951.23(1)(d), F.S.
9
For example, see Broward County Sheriff’s Office, Attorney Information, https://www.sheriff.org/DOD/Pages/Attorney-Info.aspx (last
visited Feb. 1, 2022).
10
S. 985.03(19), F.S.
11
Ch. 2018-47, Laws of Fla.
12
S. 985.6885, F.S.
13
S. 985.6885, F.S. This section does not define “bona fide reporter” or “writer.”
14
See Florida DJJ, Visitation, http://www.djj.state.fl.us/youth-families/visitation (last visited Feb. 1, 2022). STORAGE NAME: h0285.CRM PAGE: 4
DATE: 2/1/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES