Florida Senate - 2022 SB 1760 By Senator Powell 30-01318-22 20221760__ 1 A bill to be entitled 2 An act relating to duties of the inspector general of 3 the Department of Corrections; amending s. 944.31, 4 F.S.; transferring the law enforcement functions of 5 the inspector general of the Department of Corrections 6 to the Department of Law Enforcement; deleting 7 provisions relating to law enforcement certification 8 and powers of inspector general personnel; 9 transferring by a type two transfer the powers, 10 duties, functions, records, offices, personnel, 11 property, investigations, and unexpended balances 12 relating to specified law enforcement functions from 13 the inspector general to the Department of Law 14 Enforcement; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Section 944.31, Florida Statutes, is amended to 19 read: 20 944.31Inspector general; inspectors; power and duties. 21 (1)The inspector general shall be responsible for prison 22 inspection and investigation, internal affairs investigations, 23 and management reviews. The office of the inspector general 24 shall be charged with the duty of inspecting the penal and 25 correctional systems of the state. The office of the inspector 26 general shall inspect each correctional institution or any place 27 in which state prisoners are housed, worked, or kept within the 28 state, with reference to its physical conditions, cleanliness, 29 sanitation, safety, and comfort; the quality and supply of all 30 bedding; the quality, quantity, and diversity of food served and 31 the manner in which it is served; the number and condition of 32 the prisoners confined therein; and the general conditions of 33 each institution. The office of inspector general shall see that 34 all the rules and regulations issued by the department are 35 strictly observed and followed by all persons connected with the 36 correctional systems of the state. 37 (2)The office of the inspector general shall coordinate 38 and supervise the work of inspectors throughout this the state. 39 The inspector general and inspectors may enter any place where 40 prisoners in this state are kept, must and shall be immediately 41 admitted to such place as they desire, and may consult and 42 confer with any prisoner privately and without molestation. 43 (3)The inspector general and inspectors shall be 44 responsible for criminal and administrative investigation of 45 matters relating to the Department of Corrections. The 46 Department of Law Enforcement shall conduct any criminal 47 investigation concerning conduct that occurs on property owned 48 or leased by the department or which involves matters over which 49 the department has jurisdiction The secretary may designate 50 persons within the office of the inspector general as law 51 enforcement officers to conduct any criminal investigation that 52 occurs on property owned or leased by the department or involves 53 matters over which the department has jurisdiction. A person 54 designated as a law enforcement officer must be certified 55 pursuant to s. 943.1395 and must have a minimum of 3 years 56 experience as an inspector in the inspector generals office or 57 as a law enforcement officer. The department shall maintain a 58 memorandum of understanding with the Department of Law 59 Enforcement for the notification and investigation of mutually 60 agreed-upon predicate events consistent with this subsection 61 which must that shall include, but are not limited to, 62 suspicious deaths and organized criminal activity. 63 (4)During investigations, the inspector general and 64 inspectors may consult and confer with any prisoner or staff 65 member privately and without molestation and persons designated 66 as law enforcement officers under this section shall have the 67 authority to arrest, with or without a warrant, any prisoner of 68 or visitor to a state correctional institution for a violation 69 of the criminal laws of the state involving an offense 70 classified as a felony that occurs on property owned or leased 71 by the department and may arrest offenders who have escaped or 72 absconded from custody. Persons designated as law enforcement 73 officers have the authority to arrest with or without a warrant 74 a staff member of the department, including any contract 75 employee, for a violation of the criminal laws of the state 76 involving an offense classified as a felony under this chapter 77 or chapter 893 on property owned or leased by the department. A 78 person designated as a law enforcement officer under this 79 section may make arrests of persons against whom arrest warrants 80 have been issued, including arrests of offenders who have 81 escaped or absconded from custody. The arrested person shall be 82 surrendered without delay to the sheriff of the county in which 83 the arrest is made, with a formal complaint subsequently made 84 against her or him in accordance with law. 85 Section 2.All powers, duties, functions, records, offices, 86 personnel, associated administrative support positions, 87 property, investigations, existing contracts, administrative 88 authority, and administrative rules and unexpended balances of 89 appropriations, allocations, and other funds relating to the 90 Bureau of State Investigations/Law Enforcement of the office of 91 the inspector general of the Department of Corrections which 92 relate to investigation and enforcement of criminal laws, 93 including all bureau personnel designated as law enforcement 94 officers under s. 944.31, Florida Statutes, are transferred by a 95 type two transfer, as defined in s. 20.06(2), Florida Statutes, 96 to the Department of Law Enforcement. 97 Section 3.This act shall take effect July 1, 2022.