FL
Florida House Bill H1561

Florida 2022 Regular Session

Florida House Bill H1561 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to county and municipal detention 2
1616 facilities; amending s. 951.23, F.S.; revising the 3
1717 definitions of the terms "county detention facility" 4
1818 and "municipal detention facility"; creating the 5
19-Florida Model Jail Standards Working Group; 6
20-prescribing the working group's membership; specifying 7
21-that each entity that operates a municipal or county 8
22-detention facility shall adopt the Florida Model Jail 9
23-Standards approved by the working group; specifying 10
24-minimum standards for the working group; creating s . 11
25-951.2302, F.S.; defining terms; requiring the jail 12
26-standards to include criteria and standards for what 13
27-actions result in serious violations and notable 14
28-violations; specifying that the jail standards must 15
29-require that each county detention facility and 16
19+Florida Model Jail Standards Commission to supersede a 6
20+working group; prescribing the commission's 7
21+membership; specifying that each entity that operates 8
22+a municipal or county detention facility shall adopt 9
23+the Florida Model Jail Standards approved by the 10
24+commission; specifying minimum commission standards; 11
25+creating s. 951.2302, F.S.; defining terms; requiring 12
26+the jail standards to include criteria and standards 13
27+for what actions result in serious violations and 14
28+notable violations; specifying that the jail standards 15
29+must require that each county detention facil ity and 16
3030 municipal detention facility be inspected, at a 17
3131 minimum, twice annually; prohibiting any person in 18
3232 charge of a county detention facility or municipal 19
3333 detention facility from refusing to be inspected or 20
34-refusing access to inspectors; providing annual 21
35-inspection requirements; providing procedures and 22
36-requirements for reinspections of detention facilities 23
37-due to noncompliance; providing timeframes within 24
38-which detention facilities must correct violations; 25
34+refusing access to commission inspectors; prov iding 21
35+annual inspection requirements; providing procedures 22
36+and requirements for reinspections of detention 23
37+facilities due to noncompliance; providing timeframes 24
38+within which detention facilities must correct 25
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4747 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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51-providing financial penalties for persons in charge of 26
52-detention facilities who refuse to allow inspections 27
53-or who refuse to provide access to detention 28
54-facilities, or for facilities found to be noncompliant 29
55-with the jail standards during an annual inspection or 30
56-any reinspection; requiring certain noncompliant 31
57-detention facilities to cease operations and contract 32
58-with other detention facilities for inmate housing 33
59-under certain circumstances; requiring that the 34
60-assessed financial penalties be deposited into the 35
61-detention facility's inmate welfare fund; providing an 36
62-effective date. 37
51+violations; providing financial penalties for pe rsons 26
52+in charge of detention facilities who refuse to allow 27
53+inspections or who refuse to provide access to 28
54+detention facilities, or for facilities found to be 29
55+noncompliant with the jail standards during an annual 30
56+inspection or any reinspection; requiring c ertain 31
57+noncompliant detention facilities to cease operations 32
58+and contract with other detention facilities for 33
59+inmate housing under certain circumstances; requiring 34
60+that the assessed financial penalties be deposited 35
61+into the detention facility's inmate welf are fund; 36
62+providing an effective date. 37
6363 38
6464 Be It Enacted by the Legislature of the State of Florida: 39
6565 40
6666 Section 1. Paragraphs (a) and (d) of subsection (1) and 41
67-subsection (4) of section 951.23, Florida Statutes, are amended 42
68-to read: 43
67+paragraph (a) of subsection (4) of section 951.23, Florida 42
68+Statutes, are amended to read: 43
6969 951.23 County and municipal detention facilities; 44
7070 definitions; administration; standards and requirements. — 45
7171 (1) DEFINITIONS.—As used in this section, the term: 46
7272 (a) "County detention facility" means a county jail, a 47
7373 county stockade, a county work camp, a county residential 48
7474 probation center, and any other place except a municipal 49
7575 detention facility used by a county or county officer for the 50
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8484 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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8888 detention of persons charged with or convicted of a either 51
8989 felony or a misdemeanor, regardless of whether such facili ty is 52
9090 operated by a board of county commissioners, a sheriff, or any 53
9191 other entity. 54
9292 (d) "Municipal detention facility" means a city jail, a 55
9393 city stockade, a city prison camp, and any other place except a 56
9494 county detention facility used by a municipality or municipal 57
9595 officer for the detention of persons charged with or convicted 58
9696 of violation of municipal laws or ordinances , regardless of 59
9797 whether such facility is operated by a city or any other entity . 60
98- (4) COUNTY AND MUNICIPAL DETENTION FACILITY STANDARDS FOR 61
99-SHERIFFS AND CHIEF CORRECTIONAL OF FICERS.— 62
98+ (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 61
99+OFFICERS.— 62
100100 (a) There is shall be established the Florida Model Jail 63
101-Standards Working Group to develop and maintain model standards 64
102-for county and municipal detention facilities. The seven -member 65
103-a five-member working group shall consist of: 66
104- 1. consisting of Three currently elected sheriffs, persons 67
105-appointed by the Florida Sheriffs Association . 68
106- 2. A physician licensed in the state with at least 2 years 69
107-of experience in correctional health care, appointed by the 70
108-Florida Sheriffs Association. 71
109- 3. A currently elected county commissioner, and two 72
110-persons appointed by the Florida Association of Counties . 73
111- 4. An experienced jail administrator of a county jail 74
112-operated by a county appointed by the Florida Association of 75
101+Standards Commission, a seven-member commission five-member 64
102+working group consisting of four three persons appointed by the 65
103+Florida Sheriffs Association , three of whom must be currently 66
104+elected sheriffs and one of whom must be a Florida licensed 67
105+physician with at least 2 years of experience in correctional 68
106+health care, and three two persons appointed by the Florida 69
107+Association of Counties , of whom one must be a currently elected 70
108+county commissioner, one must be an experienced jail 71
109+administrator of a Florida county jail operated by a county, and 72
110+one must be a Florida licensed psychiatrist with at least 2 73
111+years of experience in correctional psychiatry, to develop and 74
112+maintain minimum model standards for county and municipal 75
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121121 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-Counties. 76
126- 5. A psychiatrist licensed in the state with at least 2 77
127-years of experience in correctional psychiatry, appointed by the 78
128-Florida Association of Counties to develop model standards for 79
129-county and municipal detention facilities . 80
130- (b) Every sheriff, county, city, or other entity that 81
131-operates a municipal detention facility or a county detention 82
132-facility By October 1, 1996, each sheriff and chief correctional 83
133-officer shall adopt, at a minimum, the Florida Model Jail 84
134-Standards approved by the working group with reference to all of 85
135-the following: 86
136- 1.1.a. The construction, equipping, maintenance, and 87
137-operation of county and municipal detention facilities. 88
138- 2.b. The cleanliness and sanitation of county and 89
139-municipal detention facilities .; 90
140- 3. The number of county and municipal prisoners who may be 91
141-housed therein per specified unit of floor space .; 92
142- 4. The quality, quantity, and supply of bedding furnished 93
143-to county and municipal such prisoners.; 94
144- 5. The quality, quantity, and diversity of food served to 95
145-county and municipal prisoners them and the manner in which it 96
146-is served.; 97
147- 6. The furnishing to them of medical attention and health 98
148-and comfort items to county and municipal prisoners. ; and 99
149- 7. The disciplinary treatment which may be meted out to 100
125+detention facilities. Every sheriff, county, city, or other 76
126+entity that operates a municipal detention facility or a county 77
127+detention facility By October 1, 1996, each sheriff and chief 78
128+correctional officer shall adopt, at a mi nimum, the Florida 79
129+Model Jail Standards approved by the commission with reference 80
130+to all of the following : 81
131+ 1.a. The construction, equipping, maintenance, and 82
132+operation of county and municipal detention facilities. 83
133+ b. The cleanliness and sanitation of c ounty and municipal 84
134+detention facilities; the number of county and municipal 85
135+prisoners who may be housed therein per specified unit of floor 86
136+space; the quality, quantity, and supply of bedding furnished to 87
137+such prisoners; the quality, quantity, and diversi ty of food 88
138+served to them and the manner in which it is served; the 89
139+furnishing to them of medical attention and health and comfort 90
140+items; and the disciplinary treatment which may be meted out to 91
141+them. 92
142+ 93
143+Notwithstanding the provisions of the otherwise applic able 94
144+building code, a reduced custody housing area may be occupied by 95
145+inmates or may be used for sleeping purposes as allowed in 96
146+subsection (7). The sheriff or chief correctional officer shall 97
147+provide that a reduced custody housing area shall be governed b y 98
148+fire and life safety standards which do not interfere with the 99
149+normal use of the facility and which affect a reasonable degree 100
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158158 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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162-county and municipal prisoners them. 101
163- 102
164-Notwithstanding the provisions of the otherwise applicable 103
165-building code, a reduced custody housing area may be occupied by 104
166-inmates or may be used for sleeping purposes as allowed in 105
167-subsection (7). The sheriff or chief correctional officer shall 106
168-provide that a reduced custody housing area shall be governed by 107
169-fire and life safety standards which do not interfere with the 108
170-normal use of the facility and which affect a reasonable degree 109
171-of compliance with rules of the State Fire Marshal for 110
172-correctional facilities. 111
173- 8.2. The confinement of prisoners by classification and 112
174-providing, whenever possible, for classifications which separate 113
175-males from females, juveniles from adults, and felons from 114
176-misdemeanants, and those awaiting trial from those convicted 115
177-and, in addition, providing for the separation of special risk 116
178-prisoners, such as the mentally ill, alcohol or narcotic 117
179-addicts, sex deviates, suicide risks, and any other 118
180-classification which the local unit may deem necessary for the 119
181-safety of the prisoners and the operation of the facility 120
182-pursuant to degree of risk and danger criteria. Nondangerous 121
183-felons may be housed with misdemeanants. Special consideration 122
184-must be given to the appropriate housing of pregnant women as 123
185-provided under s. 944.241. 124
186- 9. Requirements for the inspection of county and municipal 125
162+of compliance with rules of the State Fire Marshal for 101
163+correctional facilities. 102
164+ 2. The confinement of prisoners by classifica tion and 103
165+providing, whenever possible, for classifications which separate 104
166+males from females, juveniles from adults, and felons from 105
167+misdemeanants, and those awaiting trial from those convicted 106
168+and, in addition, providing for the separation of special risk 107
169+prisoners, such as the mentally ill, alcohol or narcotic 108
170+addicts, sex deviates, suicide risks, and any other 109
171+classification which the local unit may deem necessary for the 110
172+safety of the prisoners and the operation of the facility 111
173+pursuant to degree of ris k and danger criteria. Nondangerous 112
174+felons may be housed with misdemeanants. Special consideration 113
175+must be given to the appropriate housing of pregnant women. 114
176+ 3. The additional jail standard requirements provided for 115
177+under s. 951.2302. 116
178+ Section 2. Section 951.2302, Florida Statutes, is created 117
179+to read: 118
180+ 951.2302 Inspection of county and municipal detention 119
181+facilities; penalties for noncompliance with jail standards. — 120
182+ (1) DEFINITIONS.—As used in this section, the term: 121
183+ (a) "Commission" means the Florida Model Jail Standards 122
184+Commission as provided in s. 951.23(4)(a). 123
185+ (b) "County detention facility" has the same meaning as in 124
186+s. 951.23(1). 125
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195195 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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199-detention facilities and the penalties for noncompliance as 126
200-provided in s. 951.2302. 127
201- 128
202-Notwithstanding the provisions of the otherwise applicable 129
203-building code, a reduced custody housing area may be occupi ed by 130
204-inmates or may be used for sleeping purposes as allowed in 131
205-subsection (7). The sheriff or chief correctional officer shall 132
206-provide that a reduced custody housing area shall be governed by 133
207-fire and life safety standards which do not interfere with the 134
208-normal use of the facility and which affect a reasonable degree 135
209-of compliance with rules of the State Fire Marshal for 136
210-correctional facilities. 137
211- (c)(b) A county or municipal detention facility that which 138
212-stocks medicinal drugs in quantities other than in dividual 139
213-prescriptions must obtain the services of a consultant 140
214-pharmacist or dispensing physician and comply with the licensing 141
215-requirements of chapter 465. A facility that which has a valid 142
216-license pursuant to chapter 465 shall have that part of its 143
217-medical services relating to procedures for the safe handling 144
218-and storage of medicinal drugs exempt from the inspection 145
219-requirements of this section. A facility that which maintains 146
220-only individual prescriptions dispensed by a licensed pharmacist 147
221-is not required to be licensed under chapter 465. 148
222- Section 2. Section 951.2302, Florida Statutes, is created 149
223-to read: 150
199+ (c) "Jail standards" means the Florida Model Jail 126
200+Standards established by the commission, as set forth in s. 127
201+951.23(4)(a). 128
202+ (d) "Municipal detention facility" has the same meaning as 129
203+in s. 951.23(1). 130
204+ (2) VIOLATIONS CRITERIA. —The jail standards must create 131
205+and identify criteria and standards for which noncompliance with 132
206+those provisions results in a serious violation or a notable 133
207+violation. 134
208+ (3) TYPE AND FREQUENCY OF INSPECTIONS. —The jail standards 135
209+must require that each county detention facility and municipal 136
210+detention facility be inspected, at a minimum, twice annually, 137
211+as outlined in this section, for co mpliance with the jail 138
212+standards. Each inspection must occur at least 120 days apart. A 139
213+county detention facility or municipal detention facility may 140
214+not refuse to be inspected or refuse access to the facility by 141
215+commission inspectors. If any person in cha rge of a county 142
216+detention facility or municipal detention facility refuses to 143
217+allow inspection of the facility or to provide access to the 144
218+facility, he or she shall be subject to the penalties in 145
219+paragraph (5)(f). 146
220+ (a) One of the annual inspections must b e announced, with 147
221+advance notice of the date on which the inspection will commence 148
222+provided to the detention facility. The announced annual 149
223+inspection must include an inspection of compliance with all 150
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232232 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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236- 951.2302 Inspection of county and municipal detention 151
237-facilities; penalties for noncompliance with jail standards. — 152
238- (1) DEFINITIONS.—As used in this section, the term: 153
239- (a) "Detention facility" includes a county detention 154
240-facility and a municipal detention facility as those terms are 155
241-defined in s. 951.23(1)(a) and (d), respectively. 156
242- (b) "Jail standards" means the Florida Model Jail 157
243-Standards established by the working group. 158
244- (c) "Notable violation" means any violation of the jail 159
245-standards that is not a serious violation. 160
246- (d) "Serious violation" means any violation of the jail 161
247-standards or other conditions or practices that appear to pose a 162
248-substantial and immediate danger to the life, health, or safety 163
249-of one or more inmates or employees. 164
250- (e) "Working group" means the Florida Model Jail Standards 165
251-Working Group as provided in s. 951.23(4)(a). 166
252- (2) VIOLATIONS CRITERIA. —The jail standards mu st identify 167
253-those standards or conditions for which noncompliance by a 168
254-detention facility is a serious violation or a notable 169
255-violation. 170
256- (3) TYPE AND FREQUENCY OF INSPECTIONS. —The jail standards 171
257-must require that each detention facility be inspected, at a 172
258-minimum, twice annually for compliance with the jail standards 173
259-as provided in paragraphs (a) and (b). Each inspection must 174
260-occur at least 120 days apart. A detention facility may not 175
236+jail standards. 151
237+ (b) One of the annual inspections mus t be a limited, 152
238+unannounced inspection, with no advance notice provided to the 153
239+detention facility. The scope of the unannounced annual 154
240+inspection must be limited to a review for serious violations. 155
241+ (4) REINSPECTIONS.— 156
242+ (a) If an announced or unannounced annual inspection finds 157
243+a detention facility to be noncompliant with the jail standards 158
244+for a notable violation, the facility must correct the 159
245+noncompliance within 30 days and must be reinspected within 10 160
246+days after the 30-day correction period, or upon the facility 161
247+notifying the commission that it has corrected its 162
248+noncompliance, whichever is earlier. If upon reinspection the 163
249+detention facility is still found to be noncompliant, the 164
250+facility must correct the noncompliance within 15 days and must 165
251+have a second reinspection within 48 hours thereafter. If the 166
252+detention facility is found to be noncompliant during the second 167
253+reinspection, the penalties and procedures set forth in 168
254+paragraph (5)(e) shall apply. This paragraph does not prevent 169
255+reinspection from occurring before the expiration of the 170
256+timeframes stated in this paragraph if a detention facility 171
257+notifies the commission that it has cured the noncompliance 172
258+before the expiration of such timeframes. 173
259+ (b) If an announced or unannounced annual inspection finds 174
260+a detention facility to be noncompliant with the jail standards 175
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269269 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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273-refuse to be inspected or prevent access to the detention 176
274-facility. 177
275- (a) One inspection must include an inspection for 178
276-compliance with all jail standards. A detention facility must be 179
277-provided reasonable advance notice of the date on which this 180
278-inspection will occur. 181
279- (b) One inspection must include an inspection for serio us 182
280-violations only. This inspection must be an unannounced 183
281-inspection, with no advance notice provided to a detention 184
282-facility. 185
283- (4) REINSPECTIONS.— 186
284- (a) If an inspection finds a detention facility to be 187
285-noncompliant with the jail standards for a notable violation, 188
286-the detention facility must correct the noncompliance within 30 189
287-days and must be reinspected within 10 days after the 30 -day 190
288-correction period, or upon the detention facility notifying the 191
289-working group that it has corrected its noncompliance, whichever 192
290-is earlier. If upon reinspection the detention facility is still 193
291-found to be noncompliant, the detention facility must correct 194
292-the noncompliance within 15 days and must have a second 195
293-reinspection within 48 hours thereafter. 196
294- (b) If an inspection finds a detention facility to be 197
295-noncompliant with the jail standards for a serious violation, 198
296-the detention facility must correct the noncompliance within 24 199
297-hours and must be reinspected within 48 hours after the 200
273+for a serious violation, the facility must correct the 176
274+noncompliance within 24 hours and must be reinspected within 48 177
275+hours after the violation was first observed. This paragraph 178
276+does not prevent reinspection from occurring before the 179
277+expiration of the 24 -hour period if a detention facility 180
278+notifies the commission that it has cured the noncompliance 181
279+before such time. If the detention facility is found to be 182
280+noncompliant during the reinspection, the penalties and 183
281+procedures set forth in paragraph (5)(e) shall apply. 184
282+ (5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS. —The 185
283+following penalties shall apply to any person in charge of a 186
284+detention facility who refuses to allow an inspection or to 187
285+provide access to a facility, or to a detention facility that is 188
286+found to be noncompliant with the jail standards during an 189
287+annual inspection or any reinspection: 190
288+ (a) If an annual inspection revea ls that a detention 191
289+facility is noncompliant with the jail standards for a notable 192
290+violation and the noncompliance is corrected within the initial 193
291+30-day correction period, there is no penalty. 194
292+ (b) If an annual inspection reveals that a detention 195
293+facility is noncompliant with the jail standards for a notable 196
294+violation, and the noncompliance is not corrected within the 197
295+initial 30-day correction period, the facility must pay into the 198
296+facility's inmate welfare fund the following specified amounts 199
297+per day that the facility is not in compliance until the 200
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306306 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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310-violation was first observed. This paragraph does not prevent 201
311-reinspection from occurring before the expiration of the 24 -hour 202
312-period if a detention facility notifies the working group that 203
313-it has cured the noncompliance before such time. 204
314- (5) PENALTIES FOR NONCOMPLIANCE WI TH JAIL STANDARDS.— 205
315- (a) If an inspection reveals that a detention facility is 206
316-noncompliant with the jail standards for a notable violation, 207
317-and the noncompliance is not corrected as provided in paragraph 208
318-(4)(a), the detention facility must pay into the d etention 209
319-facility's inmate welfare fund the following amounts for each 210
320-day the detention facility is noncompliant with the jail 211
321-standards: 212
322- 1. Five hundred dollars per day for the 31st day through 213
323-the 60th day of noncompliance. 214
324- 2. One thousand dollars per day for the 61st day through 215
325-the 90th day of noncompliance. 216
326- 3. Two thousand dollars per day for the 91st day and all 217
327-remaining days the detention facility is not in compliance. 218
328- (b) If a detention facility fails to correct a serious 219
329-violation as required in paragraph (4)(b), the detention 220
330-facility must pay into the detention facility's inmate welfare 221
331-fund $2,000 per day until the serious violation has been 222
332-corrected. 223
333- (c)1. In addition to the penalties set forth in paragraphs 224
334-(a) and (b), if a secon d reinspection for a notable violation or 225
310+noncompliance has been corrected: 201
311+ 1. The 31st day through the 60th day: $500 per day of 202
312+noncompliance. 203
313+ 2. The 61st day through the 90th day: $1,000 per day of 204
314+noncompliance. 205
315+ 3. The 91st day and all remain ing days: $2,000 per day of 206
316+noncompliance. 207
317+ (c) If an annual inspection reveals that a detention 208
318+facility is noncompliant with the jail standards for a serious 209
319+violation, but the noncompliance is corrected within 24 hours 210
320+after its discovery, there is no penalty. 211
321+ (d) If an annual inspection reveals that a detention 212
322+facility is noncompliant with the jail standards for a serious 213
323+violation and the noncompliance is not corrected within 24 hours 214
324+after its discovery, the facility must pay into the facility's 215
325+inmate welfare fund $2,000 per day that the commission 216
326+determines that the facility is noncompliant. 217
327+ (e) In addition to the penalties set forth in paragraphs 218
328+(b) and (d), if a second reinspection for a notable violation or 219
329+a serious violation reveals that a detention facility is still 220
330+noncompliant with the jail standards, the facility must cease 221
331+its operations as a detention facility within 14 days and must 222
332+contract with one or more other detention facilities to house 223
333+the noncompliant facility's inmates un til such time as the 224
334+facility is determined to be in compliance with the jail 225
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347-a reinspection for a serious violation reveals that a detention 226
348-facility is noncompliant with the jail standards, the detention 227
349-facility must cease operations as a detention facility within 14 228
350-days and must contrac t with one or more other detention 229
351-facilities to house the noncompliant facility's inmates until 230
352-such time as the facility is determined to be in compliance with 231
353-the jail standards. 232
354- 2. The 14-day time period shall commence upon the 233
355-expiration of an appea l process to be specified in the jail 234
356-standards, with the detention facility failing to file a timely 235
357-appeal, or upon the conclusion of the appeal process specified 236
358-in the jail standards, with a denial of the appeal resulting in 237
359-a finding that the detentio n facility is noncompliant with the 238
360-jail standards. 239
361- 3. The receiving detention facility or detention 240
362-facilities must be in compliance with the jail standards in 241
363-order to house the noncompliant detention facility's inmates. 242
364- 4. If a detention facility co nsists of separate detention 243
365-campuses, only the campus determined to be noncompliant with the 244
366-jail standards must cease operations as provided in this 245
367-paragraph. 246
368- 5. The noncompliant detention facility is responsible for 247
369-the costs accrued by another dete ntion facility or detention 248
370-facilities for housing the noncompliant detention facility's 249
371-inmates. 250
347+standards. The receiving detention facility or facilities must 226
348+be in compliance with the jail standards in order to house the 227
349+noncompliant facility's inmates. However, if a deten tion 228
350+facility consists of separate detention campuses, only the 229
351+campus determined to be noncompliant with the jail standards 230
352+must cease operations as stated in this paragraph. The 14 -day 231
353+time period shall commence upon the expiration of the appeal 232
354+process specified in the jail standards, with the detention 233
355+facility failing to file a timely appeal, or upon the conclusion 234
356+of the appeal process specified in the jail standards, resulting 235
357+in a finding that the detention facility is noncompliant with 236
358+the jail standards. The noncompliant detention facility is 237
359+responsible for the costs accrued by another detention facility 238
360+or facilities for housing the noncompliant facility's inmates. 239
361+This paragraph may not be deemed to limit or prevent any other 240
362+remedies or causes of action against a facility or an entity 241
363+that operates a facility which may be brought under any other 242
364+law, ordinance, or rule. 243
365+ (f) If any person in charge of a county detention facility 244
366+or municipal detention facility refuses to allow inspection of 245
367+the facility or to provide access to the facility, such person's 246
368+salary must be withheld for each day he or she refuses such 247
369+inspection or access, and the amount withheld must be deposited 248
370+into the facility's inmate welfare fund. This paragraph applies 249
371+regardless of whether the person refusing to allow the 250
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380380 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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384- 6. This paragraph may not be deemed to limit or prevent 251
385-any other remedies or causes of action against a detention 252
386-facility or an entity that operates a de tention facility which 253
387-may be brought under any other law, ordinance, or rule. 254
388- (d) If any person in charge of a detention facility 255
389-refuses to provide access to the detention facility or allow an 256
390-inspection of the detention facility, the person's salary m ust 257
391-be withheld for each day he or she refuses such inspection or 258
392-access, and the amount withheld must be deposited into the 259
393-detention facility's inmate welfare fund. This paragraph applies 260
394-regardless of whether the person refusing to allow the 261
395-inspection or refusing access to the detention facility is 262
396-elected, appointed, or an employee of a county, a city, or any 263
397-other political subdivision of the state. 264
398- Section 3. This act shall take effect July 1, 2022. 265
384+inspection or refusing access to the detention facility is 251
385+elected, appointed, or an employee of a county, a city, or any 252
386+other political subdivision of this state. 253
387+ Section 3. This act shall take effect July 1, 2022. 254