HB 1561 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 county and municipal detention 2
facilities; amending s. 951.23, F.S.; revising the 3
definitions of the terms "county detention facility" 4
and "municipal detention facility"; creating the 5
Florida Model Jail Standards Commission to supersede a 6
working group; prescribing the commission's 7
membership; specifying that each entity that operates 8
a municipal or county detention facility shall adopt 9
the Florida Model Jail Standards approved by the 10
commission; specifying minimum commission standards; 11
creating s. 951.2302, F.S.; defining terms; requiring 12
the jail standards to include criteria and standards 13
for what actions result in serious violations and 14
notable violations; specifying that the jail standards 15
must require that each county detention facil ity and 16
municipal detention facility be inspected, at a 17
minimum, twice annually; prohibiting any person in 18
charge of a county detention facility or municipal 19
detention facility from refusing to be inspected or 20
refusing access to commission inspectors; prov iding 21
annual inspection requirements; providing procedures 22
and requirements for reinspections of detention 23
facilities due to noncompliance; providing timeframes 24
within which detention facilities must correct 25
HB 1561 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
violations; providing financial penalties for pe rsons 26
in charge of detention facilities who refuse to allow 27
inspections or who refuse to provide access to 28
detention facilities, or for facilities found to be 29
noncompliant with the jail standards during an annual 30
inspection or any reinspection; requiring c ertain 31
noncompliant detention facilities to cease operations 32
and contract with other detention facilities for 33
inmate housing under certain circumstances; requiring 34
that the assessed financial penalties be deposited 35
into the detention facility's inmate welf are fund; 36
providing an effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Paragraphs (a) and (d) of subsection (1) and 41
paragraph (a) of subsection (4) of section 951.23, Florida 42
Statutes, are amended to read: 43
951.23 County and municipal detention facilities; 44
definitions; administration; standards and requirements. — 45
(1) DEFINITIONS.—As used in this section, the term: 46
(a) "County detention facility" means a county jail, a 47
county stockade, a county work camp, a county residential 48
probation center, and any other place except a municipal 49
detention facility used by a county or county officer for the 50
HB 1561 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
detention of persons charged with or convicted of a either 51
felony or a misdemeanor, regardless of whether such facili ty is 52
operated by a board of county commissioners, a sheriff, or any 53
other entity. 54
(d) "Municipal detention facility" means a city jail, a 55
city stockade, a city prison camp, and any other place except a 56
county detention facility used by a municipality or municipal 57
officer for the detention of persons charged with or convicted 58
of violation of municipal laws or ordinances , regardless of 59
whether such facility is operated by a city or any other entity . 60
(4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 61
OFFICERS.— 62
(a) There is shall be established the Florida Model Jail 63
Standards Commission, a seven-member commission five-member 64
working group consisting of four three persons appointed by the 65
Florida Sheriffs Association , three of whom must be currently 66
elected sheriffs and one of whom must be a Florida licensed 67
physician with at least 2 years of experience in correctional 68
health care, and three two persons appointed by the Florida 69
Association of Counties , of whom one must be a currently elected 70
county commissioner, one must be an experienced jail 71
administrator of a Florida county jail operated by a county, and 72
one must be a Florida licensed psychiatrist with at least 2 73
years of experience in correctional psychiatry, to develop and 74
maintain minimum model standards for county and municipal 75
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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
detention facilities. Every sheriff, county, city, or other 76
entity that operates a municipal detention facility or a county 77
detention facility By October 1, 1996, each sheriff and chief 78
correctional officer shall adopt, at a mi nimum, the Florida 79
Model Jail Standards approved by the commission with reference 80
to all of the following : 81
1.a. The construction, equipping, maintenance, and 82
operation of county and municipal detention facilities. 83
b. The cleanliness and sanitation of c ounty and municipal 84
detention facilities; the number of county and municipal 85
prisoners who may be housed therein per specified unit of floor 86
space; the quality, quantity, and supply of bedding furnished to 87
such prisoners; the quality, quantity, and diversi ty of food 88
served to them and the manner in which it is served; the 89
furnishing to them of medical attention and health and comfort 90
items; and the disciplinary treatment which may be meted out to 91
them. 92
93
Notwithstanding the provisions of the otherwise applic able 94
building code, a reduced custody housing area may be occupied by 95
inmates or may be used for sleeping purposes as allowed in 96
subsection (7). The sheriff or chief correctional officer shall 97
provide that a reduced custody housing area shall be governed b y 98
fire and life safety standards which do not interfere with the 99
normal use of the facility and which affect a reasonable degree 100
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of compliance with rules of the State Fire Marshal for 101
correctional facilities. 102
2. The confinement of prisoners by classifica tion and 103
providing, whenever possible, for classifications which separate 104
males from females, juveniles from adults, and felons from 105
misdemeanants, and those awaiting trial from those convicted 106
and, in addition, providing for the separation of special risk 107
prisoners, such as the mentally ill, alcohol or narcotic 108
addicts, sex deviates, suicide risks, and any other 109
classification which the local unit may deem necessary for the 110
safety of the prisoners and the operation of the facility 111
pursuant to degree of ris k and danger criteria. Nondangerous 112
felons may be housed with misdemeanants. Special consideration 113
must be given to the appropriate housing of pregnant women. 114
3. The additional jail standard requirements provided for 115
under s. 951.2302. 116
Section 2. Section 951.2302, Florida Statutes, is created 117
to read: 118
951.2302 Inspection of county and municipal detention 119
facilities; penalties for noncompliance with jail standards. — 120
(1) DEFINITIONS.—As used in this section, the term: 121
(a) "Commission" means the Florida Model Jail Standards 122
Commission as provided in s. 951.23(4)(a). 123
(b) "County detention facility" has the same meaning as in 124
s. 951.23(1). 125
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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
(c) "Jail standards" means the Florida Model Jail 126
Standards established by the commission, as set forth in s. 127
951.23(4)(a). 128
(d) "Municipal detention facility" has the same meaning as 129
in s. 951.23(1). 130
(2) VIOLATIONS CRITERIA. —The jail standards must create 131
and identify criteria and standards for which noncompliance with 132
those provisions results in a serious violation or a notable 133
violation. 134
(3) TYPE AND FREQUENCY OF INSPECTIONS. —The jail standards 135
must require that each county detention facility and municipal 136
detention facility be inspected, at a minimum, twice annually, 137
as outlined in this section, for co mpliance with the jail 138
standards. Each inspection must occur at least 120 days apart. A 139
county detention facility or municipal detention facility may 140
not refuse to be inspected or refuse access to the facility by 141
commission inspectors. If any person in cha rge of a county 142
detention facility or municipal detention facility refuses to 143
allow inspection of the facility or to provide access to the 144
facility, he or she shall be subject to the penalties in 145
paragraph (5)(f). 146
(a) One of the annual inspections must b e announced, with 147
advance notice of the date on which the inspection will commence 148
provided to the detention facility. The announced annual 149
inspection must include an inspection of compliance with all 150
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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
jail standards. 151
(b) One of the annual inspections mus t be a limited, 152
unannounced inspection, with no advance notice provided to the 153
detention facility. The scope of the unannounced annual 154
inspection must be limited to a review for serious violations. 155
(4) REINSPECTIONS.— 156
(a) If an announced or unannounced annual inspection finds 157
a detention facility to be noncompliant with the jail standards 158
for a notable violation, the facility must correct the 159
noncompliance within 30 days and must be reinspected within 10 160
days after the 30-day correction period, or upon the facility 161
notifying the commission that it has corrected its 162
noncompliance, whichever is earlier. If upon reinspection the 163
detention facility is still found to be noncompliant, the 164
facility must correct the noncompliance within 15 days and must 165
have a second reinspection within 48 hours thereafter. If the 166
detention facility is found to be noncompliant during the second 167
reinspection, the penalties and procedures set forth in 168
paragraph (5)(e) shall apply. This paragraph does not prevent 169
reinspection from occurring before the expiration of the 170
timeframes stated in this paragraph if a detention facility 171
notifies the commission that it has cured the noncompliance 172
before the expiration of such timeframes. 173
(b) If an announced or unannounced annual inspection finds 174
a detention facility to be noncompliant with the jail standards 175
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for a serious violation, the facility must correct the 176
noncompliance within 24 hours and must be reinspected within 48 177
hours after the violation was first observed. This paragraph 178
does not prevent reinspection from occurring before the 179
expiration of the 24 -hour period if a detention facility 180
notifies the commission that it has cured the noncompliance 181
before such time. If the detention facility is found to be 182
noncompliant during the reinspection, the penalties and 183
procedures set forth in paragraph (5)(e) shall apply. 184
(5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS. —The 185
following penalties shall apply to any person in charge of a 186
detention facility who refuses to allow an inspection or to 187
provide access to a facility, or to a detention facility that is 188
found to be noncompliant with the jail standards during an 189
annual inspection or any reinspection: 190
(a) If an annual inspection revea ls that a detention 191
facility is noncompliant with the jail standards for a notable 192
violation and the noncompliance is corrected within the initial 193
30-day correction period, there is no penalty. 194
(b) If an annual inspection reveals that a detention 195
facility is noncompliant with the jail standards for a notable 196
violation, and the noncompliance is not corrected within the 197
initial 30-day correction period, the facility must pay into the 198
facility's inmate welfare fund the following specified amounts 199
per day that the facility is not in compliance until the 200
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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
noncompliance has been corrected: 201
1. The 31st day through the 60th day: $500 per day of 202
noncompliance. 203
2. The 61st day through the 90th day: $1,000 per day of 204
noncompliance. 205
3. The 91st day and all remain ing days: $2,000 per day of 206
noncompliance. 207
(c) If an annual inspection reveals that a detention 208
facility is noncompliant with the jail standards for a serious 209
violation, but the noncompliance is corrected within 24 hours 210
after its discovery, there is no penalty. 211
(d) If an annual inspection reveals that a detention 212
facility is noncompliant with the jail standards for a serious 213
violation and the noncompliance is not corrected within 24 hours 214
after its discovery, the facility must pay into the facility's 215
inmate welfare fund $2,000 per day that the commission 216
determines that the facility is noncompliant. 217
(e) In addition to the penalties set forth in paragraphs 218
(b) and (d), if a second reinspection for a notable violation or 219
a serious violation reveals that a detention facility is still 220
noncompliant with the jail standards, the facility must cease 221
its operations as a detention facility within 14 days and must 222
contract with one or more other detention facilities to house 223
the noncompliant facility's inmates un til such time as the 224
facility is determined to be in compliance with the jail 225
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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
standards. The receiving detention facility or facilities must 226
be in compliance with the jail standards in order to house the 227
noncompliant facility's inmates. However, if a deten tion 228
facility consists of separate detention campuses, only the 229
campus determined to be noncompliant with the jail standards 230
must cease operations as stated in this paragraph. The 14 -day 231
time period shall commence upon the expiration of the appeal 232
process specified in the jail standards, with the detention 233
facility failing to file a timely appeal, or upon the conclusion 234
of the appeal process specified in the jail standards, resulting 235
in a finding that the detention facility is noncompliant with 236
the jail standards. The noncompliant detention facility is 237
responsible for the costs accrued by another detention facility 238
or facilities for housing the noncompliant facility's inmates. 239
This paragraph may not be deemed to limit or prevent any other 240
remedies or causes of action against a facility or an entity 241
that operates a facility which may be brought under any other 242
law, ordinance, or rule. 243
(f) If any person in charge of a county detention facility 244
or municipal detention facility refuses to allow inspection of 245
the facility or to provide access to the facility, such person's 246
salary must be withheld for each day he or she refuses such 247
inspection or access, and the amount withheld must be deposited 248
into the facility's inmate welfare fund. This paragraph applies 249
regardless of whether the person refusing to allow the 250
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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
inspection or refusing access to the detention facility is 251
elected, appointed, or an employee of a county, a city, or any 252
other political subdivision of this state. 253
Section 3. This act shall take effect July 1, 2022. 254