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