Florida 2024 Regular Session

Florida House Bill H0233 Latest Draft

Bill / Introduced Version Filed 10/19/2023

                               
 
HB 233  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0233-00 
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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 treatment of inmates; creating s. 2 
944.092, F.S.; specifying certain rights of inmates in 3 
the correctional system; requiring a written copy of 4 
the rights to be provided to each inmate; authorizing 5 
relief for deprivation of rights; amending s. 947.149, 6 
F.S.; revising the definition of the term "permanently 7 
incapacitated inmate" for purposes of conditional 8 
medical release; providing an effective da te. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Section 944.092, Florida Statutes, is created 13 
to read: 14 
 944.092  Basic rights of inmates. — 15 
 (1)  RIGHTS.—Each inmate in the correctional system has the 16 
right to: 17 
 (a)  Proper ventilation.—All housing units must have air 18 
conditioning systems or air cooling systems; however, housing 19 
units in use on or before July 1, 2024, which cannot be fitted 20 
for air conditioning or air cooling systems shall receive 21 
exhaust and air circulator s sufficient to provide a safe and 22 
healthful environment for inmates. 23 
 (b)  Sufficient meal time. —Inmates must receive a minimum 24 
of 20 minutes to eat each meal. The minimum time shall be 25     
 
HB 233  	2024 
 
 
 
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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 
 
 
 
extended to the amount necessary for an inmate to complete the 26 
meal if the inmate receives an approved medical reason for an 27 
extension. 28 
 (c)  Adequate food supply in case of emergency. —Each 29 
correctional institution shall establish a program with one or 30 
more community food banks located near the institution to ensure 31 
adequate food supply is made available to the inmate population 32 
if conditions exist that prevent regular food supply services 33 
due to an event such as a natural disaster or other emergency. 34 
 (d)  Necessary health supplies. —The department must 35 
provide: 36 
 1.  Necessary personal protective equipment for medical 37 
staff at all times and for all staff and inmates during health 38 
crises or during any cleaning. 39 
 2.  Necessary health products for inmates including, but 40 
not limited to, sanitary napkins, tampons, soap, and toothp aste, 41 
upon request of inmates. 42 
 (2)  NOTICE.—The department shall provide a written copy of 43 
the rights established in this section to each inmate upon his 44 
or her entry in to the correctional system. 45 
 (3)  GRIEVANCES.—An inmate may file a grievance with the 46 
department if the inmate believes a right guaranteed in this 47 
section is denied by a correctional institution. 48 
 Section 2.  Paragraph (a) of subsection (1) of section 49 
947.149, Florida Statutes, is amended to read: 50     
 
HB 233  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 947.149  Conditional medical release. — 51 
 (1)  The commission shall, in conjunction with the 52 
department, establish the conditional medical release program. 53 
An inmate is eligible for consideration for release under the 54 
conditional medical release program when the inmate, because of 55 
an existing medical or physical condition, is determined by the 56 
department to be within one of the following designations: 57 
 (a)  "Permanently incapacitated inmate," which means an 58 
inmate who has a condition caused by injury, disease, or illness 59 
which, to a reasonable deg ree of medical certainty, renders the 60 
inmate permanently and irreversibly physically incapacitated ; or 61 
has a physical disability, impairment, or handicap to the extent 62 
that the inmate does not constitute a danger to herself or 63 
himself or others. 64 
 Section 3.  This act shall take effect July 1, 2024. 65