The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 178
INTRODUCER: Senator Pizzo
SUBJECT: Visiting County and Municipal Detention Facilities
DATE: January 24, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. JU
3. RC
I. Summary:
SB 178 authorizes the following individuals to visit county and municipal detention facilities at
their pleasure:
The Governor;
Cabinet members;
Members of the Legislature;
State court judges;
State attorneys; and
Public defenders.
The bill prohibits a county or municipal detention facility from unreasonably withholding
permission to visit such facility from a person who provides sufficient evidence that he or she is
a professional journalist or a writer.
The bill provides that all other persons may visit a county or municipal detention facility in
accordance with the rules or regulations prescribed by the facility.
The bill is effective July 1, 2022.
II. Present Situation:
County and Municipal Detention Facilities
A county detention facility is any county jail, stockade, work camp, residential probation center,
or any other place except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either a felony or misdemeanor.
1
Sheriffs
1
Section 951.23(1)(a), F.S.
REVISED: BILL: SB 178 Page 2
operate the majority of county detention facilities, with counties operating the remainder.
2
County detention facilities house inmates who have been arrested and are awaiting trial, as well
as inmates who have been convicted and sentenced to less than one year of incarceration.
The Department of Corrections (DOC) reports that approximately 55,150 inmates were
incarcerated in the state’s county detention facilities during the month of October 2021.
3
A municipal detention facility is a city jail, stockade, prison camp, or any other place except a
county detention facility used by a municipality or municipal officer for the detention of persons
charged with or convicted of a violation of municipal laws or ordinances.
4
Visitation of County and Municipal Detention Facilities
Each county sheriff’s office or board of county commissioners establish the visitation rules for
its detention facilities. Such rules may establish visitation hours, dress codes, and admission
requirements. Some facilities include exceptions to the visitation rules for private attorneys and
public defenders.
5
Visitation of State Correctional Institutions
The following persons are authorized to visit state correctional institutions at their pleasure:
The Governor;
All Cabinet members;
Members of the Legislature;
Judges of state courts;
State attorneys;
Public defenders; and
Authorized representatives of the Florida Commission on Offender Review.
6
Additionally, permission to visit state correctional institutions may not be unreasonably withheld
from those who provide the DOC sufficient evidence that they are bona fide reporters or writers.
7
Any other persons seeking to enter a state correctional institution may only do so in accordance
with the rules prescribed by the DOC.
2
For example, the county commissions operate the county detention facilities in Escambia, Gulf, Jackson, Miami-Dade,
Okaloosa, Orange, Osceola, and Volusia counties (see https://myescambia.com/our-services/corrections/community-
detention; http://www.gulfcounty-fl.gov/county_government/detention_facility;
https://jacksoncountyfl.gov/services/correctional-facility/; https://www.miamidade.gov/global/corrections/home.page;
http://www.co.okaloosa.fl.us/corrections/history; http://www.ocfl.net/tabid/367/default.aspx#.X_MzJthKiUl;
https://www.osceola.org/agencies-departments/corrections/about/; and https://www.volusia.org/services/public-
protection/corrections/; respectively (last visited Jan. 19, 2022)).
3
Department of Corrections, Florida County Detention Facilities Average Inmate Population, October 2021, p. 2, available
at http://www.dc.state.fl.us/pub/jails/2021/jails-2021-10.pdf (last visited Jan. 19, 2022).
4
Section 951.23(1)(d), F.S.
5
For example, see Nassau County Sheriff’s Office, Jail Visitation, available at https://nassauso.com/corrections/jail-
visitation/ (last visited January 20, 2022); and Broward County Sheriff’s Office, Attorney Information, available at
https://www.sheriff.org/DOD/Pages/Attorney-Info.aspx (last visited Jan. 19, 2022).
6
Section 944.23, F.S.
7
Id. BILL: SB 178 Page 3
Visitation of State Juvenile Facilities
In 2018, the Legislature authorized the following individuals to visit all facilities housing
juveniles that are operated or overseen by the Department of Juvenile Justice (DJJ) or a county,
at their pleasure, between the hours of 6 a.m. and 11 p.m.:
The Governor;
A Cabinet member;
A member of the Legislature;
A judge of a state court;
A state attorney;
A public defender; and
A person authorized by the secretary of the DJJ.
8
If one of the individuals listed above seeks to visit a state juvenile facility before 6:00 a.m. or
after 11:00 p.m., a request for an after-hours tour must be submitted to and be approved by the
Assistant Secretary for Detention at least 14 days prior to the tour.
9
Such individuals on an after-
hours tour may not access areas in which youth are sleeping.
10
The DJJ may not unreasonably withhold permission to visit a state facility housing juveniles
from a person who provides sufficient evidence that he or she is a bona fide reporter or writer.
III. Effect of Proposed Changes:
The bill authorizes the following persons to visit county and municipal detention facilities, at
their pleasure:
The Governor;
Cabinet members;
Members of the Legislature;
State court judges;
State attorneys; and
Public defenders.
A person who is not otherwise authorized by law may not enter a county or municipal detention
facility except as provided in the rules or regulations provided by such facility.
The bill also prohibits a county or municipal facility from withholding permission to visit the
facility if the person is a professional journalist, as defined in s. 90.5015, F.S., or a writer.
11
8
Chapter 2018-47, s. 1, L.O.F. (creating s. 985.6885, F.S., effective July 1, 2018).
9
Rule 63G-2.023(9)(k), F.A.C.
10
Id.
11
Section 90.5015, F.S., defines “professional journalist” as a person regularly engaged in collecting, photographing,
recording, writing, editing, reporting, or publishing news, for gain or livelihood, who obtained the information sought while
working as a salaried employee of, or independent contractor for, a newspaper, news journal, news agency, press association,
wire service, radio or television station, network, or news magazine. Book authors and others are not professional journalists
and are not included in this provision. BILL: SB 178 Page 4
The bill is effective July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 951.225 of the Florida Statutes. BILL: SB 178 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.