Florida 2022 Regular Session

Florida House Bill H1255 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1255 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1255-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to duties of the inspector general of 2
16	16	the Department of Corrections; amending s. 944.31, 3
17	17	F.S.; transferring the law enforcement duties of the 4
18	18	Inspector General of the Department of Corrections to 5
19	19	the Department of Law Enforcement; deleting provisions 6
20	20	relating to law enforcement certification and powers 7
21	21	of Inspector General Personnel; transferring powers, 8
22	22	duties, functions, records, offices, pers onnel, 9
23	23	property, investigations, unexpended balances of 10
24	24	appropriations, etc. from the inspector general to the 11
25	25	Department of Law Enforcement; providing an effective 12
26	26	date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Section 944.31, Florida Statutes, is amended to 17
31	31	read: 18
32	32	944.31 Inspector general; inspectors; power and duties. —19
33	33	(1) The inspector general shall be responsible for prison 20
34	34	inspection and investigation, internal affairs investigations, 21
35	35	and management reviews. The office of the inspector general 22
36	36	shall be charged with the duty of inspecting the penal and 23
37	37	correctional systems of the state. The office of the inspector 24
38	38	general shall inspect each correctional institution or any place 25
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40	40	HB 1255 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1255-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	in which state prisoners are housed, worked, or kept within the 26
52	52	state, with reference to its physical conditions, cleanliness, 27
53	53	sanitation, safety, and comfort; the quality and supply of all 28
54	54	bedding; the quality, quantity, and diversity of food served and 29
55	55	the manner in which it is served; the number and condition of 30
56	56	the prisoners confined therein; and the general conditions of 31
57	57	each institution. The office of inspector general shall see that 32
58	58	all the rules and regulations issued by the department are 33
59	59	strictly observed and followed by all persons connected with the 34
60	60	correctional systems of the state. 35
61	61	(2) The office of the inspector general shall coordinate 36
62	62	and supervise the work of inspectors throughout the state. The 37
63	63	inspector general and inspectors may enter any place where 38
64	64	prisoners in this st ate are kept and shall be immediately 39
65	65	admitted to such place as they desire and may consult and confer 40
66	66	with any prisoner privately and without molestation. 41
67	67	(3) The inspector general and inspectors shall be 42
68	68	responsible for criminal and administrative investigation of 43
69	69	matters relating to the Department of Corrections. Any criminal 44
70	70	investigation concerning conduct that occurs on property owned 45
71	71	or leased by the department or involves matters over which the 46
72	72	department has jurisdiction shall be conducted by the Department 47
73	73	of Law Enforcement. The secretary may designate persons within 48
74	74	the office of the inspector general as law enforcement officers 49
75	75	to conduct any criminal investigation that occurs on property 50
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77	77	HB 1255 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1255-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	owned or leased by the department or involves matters o ver which 51
89	89	the department has jurisdiction. A person designated as a law 52
90	90	enforcement officer must be certified pursuant to s. 943.1395 53
91	91	and must have a minimum of 3 years' experience as an inspector 54
92	92	in the inspector general's office or as a law enforcement 55
93	93	officer. The department shall maintain a memorandum of 56
94	94	understanding with the Department of Law Enforcement for the 57
95	95	notification and investigation of mutually agreed -upon predicate 58
96	96	events consistent with this subsection that shall include, but 59
97	97	are not limited to, suspicious deaths and organized criminal 60
98	98	activity. 61
99	99	(4) During investigations, the inspector general and 62
100	100	inspectors may consult and confer with any prisoner or staff 63
101	101	member privately and without molestation and persons designated 64
102	102	as law enforcement officers under this section shall have the 65
103	103	authority to arrest, with or without a warrant, any prisoner of 66
104	104	or visitor to a state correctional institution for a violation 67
105	105	of the criminal laws of the state involving an offense 68
106	106	classified as a felony that oc curs on property owned or leased 69
107	107	by the department and may arrest offenders who have escaped or 70
108	108	absconded from custody . Persons designated as law enforcement 71
109	109	officers have the authority to arrest with or without a warrant 72
110	110	a staff member of the department, including any contract 73
111	111	employee, for a violation of the criminal laws of the state 74
112	112	involving an offense classified as a felony under this chapter 75
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114	114	HB 1255 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	or chapter 893 on property owned or leased by the department. A 76
126	126	person designated as a law enforcement officer under this 77
127	127	section may make arrests of persons against whom arrest warrants 78
128	128	have been issued, including arrests of offenders who have 79
129	129	escaped or absconded from custody. The arrested person shall be 80
130	130	surrendered without delay to the sheriff of the county in which 81
131	131	the arrest is made, with a formal complaint subsequently made 82
132	132	against her or him in accordance with law. 83
133	133	Section 2. All powers, duties, functions, records, 84
134	134	offices, personnel, associated administrative support positions, 85
135	135	property, investigations , existing contracts, administrative 86
136	136	authority, and administrative rules and unexpended balances of 87
137	137	appropriations, allocations, and other funds relating to the 88
138	138	Bureau of State Investigations/Law Enforcement of the office of 89
139	139	inspector general of the Depart ment of Corrections which relate 90
140	140	to investigation and enforcement of criminal laws, including all 91
141	141	bureau personnel designated as law enforcement officers under s. 92
142	142	944.31, Florida Statutes, are transferred meet by a type two 93
143	143	transfer, as defined in s. 20.06 (2), Florida Statutes, to the 94
144	144	Department of Law Enforcement. 95
145	145	Section 3. This act shall take effect July 1, 2022. 96