CS/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 Working Group; 6
prescribing the working group's membership; specifying 7
that each entity that operates a municipal or county 8
detention facility shall adopt the Florida Model Jail 9
Standards approved by the working group; specifying 10
minimum standards for the working group; creating s . 11
951.2302, F.S.; defining terms; requiring the jail 12
standards to include criteria and standards for what 13
actions result in serious violations and notable 14
violations; specifying that the jail standards must 15
require that each county detention facility 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 inspectors; providing annual 21
inspection requirements; providing procedures and 22
requirements for reinspections of detention facilities 23
due to noncompliance; providing timeframes within 24
which detention facilities must correct violations; 25
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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
providing financial penalties for persons in charge of 26
detention facilities who refuse to allow inspections 27
or who refuse to provide access to detention 28
facilities, or for facilities found to be noncompliant 29
with the jail standards during an annual inspection or 30
any reinspection; requiring certain noncompliant 31
detention facilities to cease operations and contract 32
with other detention facilities for inmate housing 33
under certain circumstances; requiring that the 34
assessed financial penalties be deposited into the 35
detention facility's inmate welfare fund; providing an 36
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
subsection (4) of section 951.23, Florida Statutes, are amended 42
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
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detention of persons charged with or convicted of a either 51
felony or a misdemeanor, regardless of whether such facility is 52
operated by a board of county c ommissioners, 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) COUNTY AND MUNICIPAL DETENTION FACILITY STANDARDS FOR 61
SHERIFFS AND CHIEF CORRECTIONAL OF FICERS.— 62
(a) There is shall be established the Florida Model Jail 63
Standards Working Group to develop and maintain model standards 64
for county and municipal detention facilities. The seven -member 65
a five-member working group shall consist of: 66
1. consisting of Three currently elected sheriffs, persons 67
appointed by the Florida Sheriffs Association . 68
2. A physician licensed in the state with at least 2 years 69
of experience in correctional health care, appointed by the 70
Florida Sheriffs Association. 71
3. A currently elected county commissioner, and two 72
persons appointed by the Florida Association of Counties . 73
4. An experienced jail administrator of a county jail 74
operated by a county appointed by the Florida Association of 75
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Counties. 76
5. A psychiatrist licensed in the state with at least 2 77
years of experience in correctional psychiatry, appointed by the 78
Florida Association of Counties to develop model standards for 79
county and municipal detention facilities . 80
(b) Every sheriff, county, city, or other entity that 81
operates a municipal detention facility or a county detention 82
facility By October 1, 1996, each sheriff and chief correctional 83
officer shall adopt, at a minimum, the Florida Model Jail 84
Standards approved by the working group with reference to all of 85
the following: 86
1.1.a. The construction, equipping, maintenance, and 87
operation of county and municipal detention facilities. 88
2.b. The cleanliness and sanitation of county and 89
municipal detention facilities .; 90
3. The number of county and municipal prisoners who may be 91
housed therein per specified unit of floor space .; 92
4. The quality, quantity, and supply of bedding furnished 93
to county and municipal such prisoners.; 94
5. The quality, quantity, and diversity of food served to 95
county and municipal prisoners them and the manner in which it 96
is served.; 97
6. The furnishing to them of medical attention and health 98
and comfort items to county and municipal prisoners. ; and 99
7. The disciplinary treatment which may be meted out to 100
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county and municipal prisoners them. 101
102
Notwithstanding the provisions of the otherwise applicable 103
building code, a reduced custody housing area may be occupied by 104
inmates or may be used for sleeping purposes as allowed in 105
subsection (7). The sheriff or chief correctional officer shall 106
provide that a reduced custody housing area shall be governed by 107
fire and life safety standards which do not interfere with the 108
normal use of the facility and which affect a reasonable degree 109
of compliance with rules of the State Fire Marshal for 110
correctional facilities. 111
8.2. The confinement of prisoners by classification and 112
providing, whenever possible, for classifications which separate 113
males from females, juveniles from adults, and felons from 114
misdemeanants, and those awaiting trial from those convicted 115
and, in addition, providing for the separation of special risk 116
prisoners, such as the mentally ill, alcohol or narcotic 117
addicts, sex deviates, suicide risks, and any other 118
classification which the local unit may deem necessary for the 119
safety of the prisoners and the operation of the facility 120
pursuant to degree of risk and danger criteria. Nondangerous 121
felons may be housed with misdemeanants. Special consideration 122
must be given to the appropriate housing of pregnant women as 123
provided under s. 944.241. 124
9. Requirements for the inspection of county and municipal 125
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detention facilities and the penalties for noncompliance as 126
provided in s. 951.2302. 127
128
Notwithstanding the provisions of the otherwise applicable 129
building code, a reduced custody housing area may be occupi ed by 130
inmates or may be used for sleeping purposes as allowed in 131
subsection (7). The sheriff or chief correctional officer shall 132
provide that a reduced custody housing area shall be governed by 133
fire and life safety standards which do not interfere with the 134
normal use of the facility and which affect a reasonable degree 135
of compliance with rules of the State Fire Marshal for 136
correctional facilities. 137
(c)(b) A county or municipal detention facility that which 138
stocks medicinal drugs in quantities other than in dividual 139
prescriptions must obtain the services of a consultant 140
pharmacist or dispensing physician and comply with the licensing 141
requirements of chapter 465. A facility that which has a valid 142
license pursuant to chapter 465 shall have that part of its 143
medical services relating to procedures for the safe handling 144
and storage of medicinal drugs exempt from the inspection 145
requirements of this section. A facility that which maintains 146
only individual prescriptions dispensed by a licensed pharmacist 147
is not required to be licensed under chapter 465. 148
Section 2. Section 951.2302, Florida Statutes, is created 149
to read: 150
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951.2302 Inspection of county and municipal detention 151
facilities; penalties for noncompliance with jail standards. — 152
(1) DEFINITIONS.—As used in this section, the term: 153
(a) "Detention facility" includes a county detention 154
facility and a municipal detention facility as those terms are 155
defined in s. 951.23(1)(a) and (d), respectively. 156
(b) "Jail standards" means the Florida Model Jail 157
Standards established by the working group. 158
(c) "Notable violation" means any violation of the jail 159
standards that is not a serious violation. 160
(d) "Serious violation" means any violation of the jail 161
standards or other conditions or practices that appear to pose a 162
substantial and immediate danger to the life, health, or safety 163
of one or more inmates or employees. 164
(e) "Working group" means the Florida Model Jail Standards 165
Working Group as provided in s. 951.23(4)(a). 166
(2) VIOLATIONS CRITERIA. —The jail standards mu st identify 167
those standards or conditions for which noncompliance by a 168
detention facility is a serious violation or a notable 169
violation. 170
(3) TYPE AND FREQUENCY OF INSPECTIONS. —The jail standards 171
must require that each detention facility be inspected, at a 172
minimum, twice annually for compliance with the jail standards 173
as provided in paragraphs (a) and (b). Each inspection must 174
occur at least 120 days apart. A detention facility may not 175
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refuse to be inspected or prevent access to the detention 176
facility. 177
(a) One inspection must include an inspection for 178
compliance with all jail standards. A detention facility must be 179
provided reasonable advance notice of the date on which this 180
inspection will occur. 181
(b) One inspection must include an inspection for serio us 182
violations only. This inspection must be an unannounced 183
inspection, with no advance notice provided to a detention 184
facility. 185
(4) REINSPECTIONS.— 186
(a) If an inspection finds a detention facility to be 187
noncompliant with the jail standards for a notable violation, 188
the detention facility must correct the noncompliance within 30 189
days and must be reinspected within 10 days after the 30 -day 190
correction period, or upon the detention facility notifying the 191
working group that it has corrected its noncompliance, whichever 192
is earlier. If upon reinspection the detention facility is still 193
found to be noncompliant, the detention facility must correct 194
the noncompliance within 15 days and must have a second 195
reinspection within 48 hours thereafter. 196
(b) If an inspection finds a detention facility to be 197
noncompliant with the jail standards for a serious violation, 198
the detention facility must correct the noncompliance within 24 199
hours and must be reinspected within 48 hours after the 200
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violation was first observed. This paragraph does not prevent 201
reinspection from occurring before the expiration of the 24 -hour 202
period if a detention facility notifies the working group that 203
it has cured the noncompliance before such time. 204
(5) PENALTIES FOR NONCOMPLIANCE WI TH JAIL STANDARDS.— 205
(a) If an inspection reveals that a detention facility is 206
noncompliant with the jail standards for a notable violation, 207
and the noncompliance is not corrected as provided in paragraph 208
(4)(a), the detention facility must pay into the d etention 209
facility's inmate welfare fund the following amounts for each 210
day the detention facility is noncompliant with the jail 211
standards: 212
1. Five hundred dollars per day for the 31st day through 213
the 60th day of noncompliance. 214
2. One thousand dollars per day for the 61st day through 215
the 90th day of noncompliance. 216
3. Two thousand dollars per day for the 91st day and all 217
remaining days the detention facility is not in compliance. 218
(b) If a detention facility fails to correct a serious 219
violation as required in paragraph (4)(b), the detention 220
facility must pay into the detention facility's inmate welfare 221
fund $2,000 per day until the serious violation has been 222
corrected. 223
(c)1. In addition to the penalties set forth in paragraphs 224
(a) and (b), if a secon d reinspection for a notable violation or 225
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a reinspection for a serious violation reveals that a detention 226
facility is noncompliant with the jail standards, the detention 227
facility must cease operations as a detention facility within 14 228
days and must contrac t with one or more other detention 229
facilities to house the noncompliant facility's inmates until 230
such time as the facility is determined to be in compliance with 231
the jail standards. 232
2. The 14-day time period shall commence upon the 233
expiration of an appea l process to be specified in the jail 234
standards, with the detention facility failing to file a timely 235
appeal, or upon the conclusion of the appeal process specified 236
in the jail standards, with a denial of the appeal resulting in 237
a finding that the detentio n facility is noncompliant with the 238
jail standards. 239
3. The receiving detention facility or detention 240
facilities must be in compliance with the jail standards in 241
order to house the noncompliant detention facility's inmates. 242
4. If a detention facility co nsists of separate detention 243
campuses, only the campus determined to be noncompliant with the 244
jail standards must cease operations as provided in this 245
paragraph. 246
5. The noncompliant detention facility is responsible for 247
the costs accrued by another dete ntion facility or detention 248
facilities for housing the noncompliant detention facility's 249
inmates. 250
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6. This paragraph may not be deemed to limit or prevent 251
any other remedies or causes of action against a detention 252
facility or an entity that operates a de tention facility which 253
may be brought under any other law, ordinance, or rule. 254
(d) If any person in charge of a detention facility 255
refuses to provide access to the detention facility or allow an 256
inspection of the detention facility, the person's salary m ust 257
be withheld for each day he or she refuses such inspection or 258
access, and the amount withheld must be deposited into the 259
detention facility's inmate welfare fund. This paragraph applies 260
regardless of whether the person refusing to allow the 261
inspection or refusing access to the detention facility is 262
elected, appointed, or an employee of a county, a city, or any 263
other political subdivision of the state. 264
Section 3. This act shall take effect July 1, 2022. 265