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 Criminal Justice
BILL: SB 1604
INTRODUCER: Senator Martin
SUBJECT: Corrections
DATE: March 24, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Pre-meeting
2. ACJ
3. FP
I. Summary:
SB 1604 amends multiple sections of law, including prepayment court costs and the statute of
limitations on prisoners’ lawsuits, execution methods for the death penalty, location tracking for
inmates and other persons, the parole qualifications committee, contractor-operated correctional
facilities, minority representation requirements, and the Corrections Mental Health Act.
Specifically, the bill:
• Amends s. 57.085, F.S., to specify that the deferral of prepayment of court costs and fees
does not apply to challenges to prison disciplinary reports.
• Amends s. 95.11, F.S., to provide a statute of limitations of one year to all petitions,
extraordinary writs, tort actions, or other actions which concern any condition of confinement
of a prisoner.
• Creates s. 760.701, F.S., to restrict a prisoner from pursuing a civil action until all
administrative remedies are fully exhausted and aligns with the Prison Litigation Reform Act
to restrict a prisoner, or person on behalf of a prisoner, from filing a lawsuit relating to the
conditions of confinement for mental or emotional injury suffered while in custody without a
prior showing of physical injury or the commission of a sexual act.
• Amends s. 775.087, F.S., to allow the court to impose consecutive sentences for any person
who is convicted for committing an offense listed under s. 775.087(2)(a)1.F.S., in
conjunction with any other felony offense.
• Amends ss. 922.10 and 922.105, F.S., to allow for the death sentence to be executed by a
method not deemed unconstitutional.
• Amends s. 934.425, F.S., to provide an exception to the criminal offense for the installation
or use of a tracking device and allows for a person working for or at a confinement center, to
install, place, or use a tracking device or tracking application on a person within their care,
custody, or control as part of his or her employment.
• Amends and substantially rewords the Corrections Mental Health Act under ss. 945.41 –
945.49, F.S., to provide updated, clarifying, or technical language, as well as provide
REVISED: BILL: SB 1604 Page 2
substantial changes to the procedure for placement and treatment of inmates. Additionally, s.
945.485 to provide legislative intent and procedures for inmates engaging in self-injurious
behavior.
• Creates s. 945.6402, F.S., to require the DOC to offer inmates the opportunity to execute an
advance directive. The bill provides procedure relating to the capacity of an inmate, creates a
process for a DOC ombudsman to serve as a proxy for an inmate that has not executed an
advance directive, authorizes the use of force and provides immunity from liability, and
defines terms.
• Amends s. 947.02, F.S., to eliminate the Parole Qualification Committee. The members of
the FCOR are to be directly appointed by the Governor and Cabinet. The bill also removes
the requirement for the membership of the FCOR commission to include representation from
minority persons.
• Amends s. 957.04, F.S., to allow the DOC to exclude certain services from a contract for
private correctional services and retain the responsibility for the delivery of such services
whenever the DOC finds it to be in the best interest of the state. Additionally, the
requirement for each contract to include substantial minority participation is removed.
• Amends 957.09, F.S., to remove language relating to the participation of minority business
enterprises
The bill may have an indeterminate fiscal impact on the DOC. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
The DOC is Florida’s largest agency, and the third largest state prison system in the country. The
DOC employs nearly 24,000 people, incarcerates over 88,000 inmates, and supervised more than
145,000 offenders in the community.
1
Prison Litigation Reform Act
The Prison Litigation Reform Act (PLRA) placed several restrictions on a prisoner’s ability to
file civil rights lawsuits based on the conditions of confinement.
2
The federal law sought to
reduce frivolous litigation, give correction officials the ability to remedy problems before
litigation, and lighten the caseload for courts handling prisoner litigation.
3
The bill creates s. 760.701, F.S., to align with the federal standard and procedure relating to the
filing of lawsuits by prisoners pursuant to 42 U.S.C.A. § 1997e. Under section 1997e, a prisoner
1
Florida Department of Corrections, available at: https://www.fdc.myflorida.com/ (last visited March 22, 2025).
2
A “condition of confinement” is any issue related to a prisoner’s confinement. As the U.S. Supreme Court stated, “Indeed,
the medical care a prisoner receives is just as much a ‘condition’ of his confinement as the food he is fed, the clothes he is
issued, the temperature he is subjected to in his cell, and the protection he is afforded against other inmates.” Wilson v. Seiter,
501 U.S. 294, 303 (1991); See also Porter v. Nussle, 534 U.S. 516,532 (2002) (finding that the term “prison conditions”
“applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes and whether
they allege excessive force or some other wrong.”)
3
FindLaw, Prison Litigation Reform Act, Samuel Strom, J.D. (2023), available at:
https://www.findlaw.com/criminal/criminal-rights/prison-litigation-reform-act.html (last visited March 19, 2025). BILL: SB 1604 Page 3
is required to exhaust all available administrative remedies before filing suit with respect to
prison conditions under 42 U.S.C.A. § 1983.
4
The court is directed to dismiss any action brought
with respect to prison conditions, if the court is satisfied that the action is frivolous, malicious,
fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant
who is immune from such relief.
5
The PLRA also restricts a prisoner from filing federal civil
action for mental or emotional injury suffered while in custody without a prior showing of
physical injury or the commission of a sexual act
6
(as defined in section 2246 of Title 18).
7
In the case of Siggers-El v. Barlow, the plaintiff, a prisoner, requested for the defendant, a prison
official, to authorize disbursements from his prison account to pay for a lawyer to review his
appellate brief. The defendant refused to authorize the disbursement of funds until after a
supervisor ordered the defendant to do so. After a series of conflicts over this matter, the
defendant filled out a screen designating the prisoner for transfer to another facility. The
defendant was aware that the transfer would prevent the Plaintiff from seeing his attorney,
paying his attorney, and from seeing his emotionally-disabled daughter. The jury awarded
$15,000 in mental or emotional damages, as well as $4,000 in economic damages and $200,000
in punitive damages.
When addressing whether mental or emotional damages were not recoverable because the PLRA
prohibits the recovery of such damages in the absence of a physical injury, the Court found that
the relevant portion of the PLRA, 42 U.S.C.A. § 1997e, is unconstitutional. “Application of §
1997e(e) to bar mental or emotional damages would effectively immunize officials from liability
for severe constitutional violations, so long as no physical injury is established. Such immunity
would be at odds with the fact that the statute allows plaintiffs to recover unlimited mental or
emotional damages, so long as they prove more than de minimis physical injury. The Court finds
the following hypothetical, set forth in Plaintiff's brief, to be persuasive:
‘[I]magine a sadistic prison guard who tortures inmates by carrying out fake executions-
holding an unloaded gun to a prisoner's head and pulling the trigger, or staging a mock
execution in a nearby cell, with shots and screams, and a body bag being taken out
(within earshot and sight of the target prisoner). The emotional harm could be
catastrophic but would be non-compensable. On the other hand, if a guard intentionally
4
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be
liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress, except that in any action
brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be
granted unless a declaratory decree was violated or declaratory relief was unavailable. 42 U.S.C.A. § 1983.
5
42 U.S.C.A. § 1997e(c)(1).
6
The term “sexual act” means: contact between the penis and the vulva or the penis and the anus, and purposes of this
subparagraph contact involving the penis occurs upon penetration, however slight; contact between the mouth and the penis,
the mouth and the vulva, or the mouth and the anus; the penetration, however slight, of the anal or genital opening of another
by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire
of any person; or the intentional touching, not through the clothing, of the genitalia of another person who has not attained
the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 18
U.S.C.A. § 2246.
7
42 U.S.C.A. § 1997e(e). BILL: SB 1604 Page 4
pushed a prisoner without cause, and broke his finger, all emotional damages proximately
caused by the incident would be permitted.’”
8
However, some courts, such as in the case of Pagonis v. Raines, upheld the PLRA and dismissed
the plaintiff’s claim for compensatory damages, having shown no prior physical injury.
9
Limitations of Actions
Actions other than for recovery of real property are outlined within s. 95.11, F.S. Limitations of
20 years, five years, four years, two years, and one year are provided for a number of actions.
With the exception for specified actions,
10
a petition for extraordinary writ, other than a petition
challenging a criminal conviction, filed on or behalf of an inmate is subject to a one year
limitation.
11
Further, with the exception for specified actions, an action brought by or on behalf
of an inmate relating to the conditions of confinement are also limited to one year.
12
Court Costs
When a prisoner is intervening in or initiating a judicial proceeding seeks to defer the
prepayment of court costs and fees because of indigence, the prisoner must file an affidavit of
indigence with the appropriate clerk of the court. The affidavit must contain specific information
as to the prisoner’s identity and the estate of such prisoner.
13
When the clerk has found the prisoner to be indigent, the court must order the prisoner to make
monthly payments of no less than 20 percent of the balance of his or her trust account as
payment of court costs and fees. When a court orders such payment, the DOC or local detention
facility places a lien on the prisoner’s trust account for the full amount of the court costs and
fees, and withdraw money maintained in that trust account and forward the money, when the
balance exceeds $10, to the appropriate clerk of the court until the prisoner’s court costs and fees
are paid in full.
14
Sentencing
Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether
the use of a weapon is an element of the felony, and the conviction was for specific crimes
15
and
during the commission of the offense such person:
8
Siggers-El v. Barlow, 433 F. Supp. 2d 811 (E.D. Mich. 2006)
9
Pagonis v. Raines, No. 4:17-CV-01-DC-DF, 2018 WL 9240919 (W.D. Tex. Aug. 10, 2018), report and recommendation
adopted, No. PE:17-CV-00001-DC, 2018 WL 9240916 (W.D. Tex. Sept. 10, 2018)
10
Any court action challenging prisoner disciplinary proceedings conducted by the DOC pursuant to s. 944.28(2), F.S., must
be commenced within 30 days after the final disposition of the prisoner disciplinary proceedings through the administrative
grievance process. Any action challenging prisoner disciplinary proceedings must be barred by the court unless it is
commenced within the 30 day time period. Section 95.11(9), F.S.
11
Section 95.11(6)(f), F.S.
12
Section 95.11(6)(g), F.S.
13
Section 57.085(2), F.S.
14
Section 57.085(5), F.S.
15
Murder; sexual battery; robbery; burglary; arson; aggravated battery; kidnapping; escape; aircraft piracy; aggravated child
abuse; aggravated abuse of an elderly person or disabled person; unlawful throwing, placing, or discharging of a destructive
device or bomb; carjacking; home-invasion robbery; aggravated stalking; trafficking in listed substances; possession of a
firearm by a felon; or human trafficking. Section 775.087(2)(a)1., F.S. BILL: SB 1604 Page 5
• Possessed a “firearm” or “destructive device,” must be sentenced to a minimum 10 year term
of imprisonment.
16
• Discharged the firearm, must be sentenced to a minimum 20 year term of imprisonment.
17
• Discharged the firearm which resulted in death or great bodily harm, must be sentenced to a
minimum 25 year term of imprisonment, up to life.
18
If the minimum mandatory terms of imprisonment imposed exceed the maximum sentenced
authorized by s. 775.082, F.S., s. 775.084, F.S., or the Criminal Punishment Code, then the
sentence imposed by the court must include the mandatory minimum term of imprisonment as
required by s. 775.087, F.S.
19
It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use,
or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or
machine gun, be punished to the fullest extent of the law, and the minimum terms of
imprisonment be imposed for each qualifying felony count for which the person is convicted.
The court must impose any term of imprisonment provided consecutively to any other term of
imprisonment imposed for any other felony offense.
20
In Williams v State, the defendant was convicted following a jury trial in the circuit court, of four
counts of aggravated assault with a firearm, for which he received four consecutive mandatory
minimum prison terms of 20 years each. The defendant appealed and brought forth the question
of whether a trial court is required under s. 775.087(2)(d), F.S., to impose consecutive minimum
terms of imprisonment for multiple offense when the offenses arise from a single criminal
episode. The Supreme Court held, regarding the language in s. 775.057(2)(d), F.S., that “the
court shall impose any term of imprisonment provided for in this subsection consecutively to any
other term of imprisonment imposed for any other felony offense” does not require the court to
sentence a defendant to consecutive sentences when the sentences arise from the same criminal
episode.
21
Execution of the Death Penalty
On January 25, 2024, the state of Alabama executed a death row inmate using nitrogen gas. It
marked the first time that a new execution method has been used in the United States since lethal
injection, now the most commonly used method, was introduced in 1982. The inmate was not
executed by lethal injection because authorities couldn’t connect an IV line.
22
On March 7, 2025,
16
Section 775.087(2)(a)1., F.S., except that a person who is convicted for possession of a firearm by a felon or burglary of a
conveyance must be sentenced to a minimum term of imprisonment of 3 years if such person possessed a firearm or
destructive device during the commission of the offense.
17
Section 775.087(2)(a)2., F.S.
18
Section 775.087(2)(a)3., F.S.
19
Section 775.087(2)(c), F.S.
20
Section 775.087(2)(d), F.S.
21
Williams v. State, 186 So. 3d 989 (Fla. 2016)
22
Politico, Alabama Execute a Man With Nitrogen Gas, Associated Press (January 25, 2024), available at:
https://www.politico.com/news/2024/01/25/supreme-court-alabama-execution-00138007 (last visited March 19, 2025). BILL: SB 1604 Page 6
South Carolina executed an inmate by use of firing squad, the first inmate in 15 years to die by
that method.
23
The company, Absolute Standards, which was identified as the source of lethal injection drugs
used in 13 federal executions in 2020 and 2021, has said it will no longer produce the drug used
in executions – pentobarbital. For more than a decade, departments of corrections across the
United States have had difficulty acquiring some of the drugs traditionally used in lethal
injection executions. Many drug manufacturers have explicitly banned the use of their products
in executions and others have stopped producing these drugs completely.
24
Several states, such
as Idaho, Mississippi, Oklahoma, Utah, and South Carolina, have enacted legislation to allow for
the use of firing squad as a method of execution.
25
Florida Law
Currently under Florida law, a death sentence must be executed by electrocution or lethal
injection. Pursuant to s. 922.105, F.S., a death sentence must be executed by lethal injection,
unless the person sentenced to death affirmatively elects to be executed by electrocution. If either
method is deemed unconstitutional, all persons sentenced to death will be executed by any
constitutional method of execution.
26
No sentence of death shall be reduced as a result of a
determination that a method of execution is declared unconstitutional under the State
Constitution or the Constitution of the United States. In any case in which an execution method
is declared unconstitutional, the death sentence must remain in force until the sentence can be
lawfully executed by any valid method of execution.
27
A change in the method of execution does not increase the punishment or modify the penalty of
death for capital murder. Any legislative change to the method of execution for the crime of
capital murder does not violate s. 10, Art. I or s. 9, Art. X of the State Constitution.
28
Tracking Devices
Tracking devices
29
and tracking applications
30
can be used to follow the location or movement of
another person, potentially without that person’s knowledge or consent. Some applications have
legitimate uses but may be accessed by third parties without the user’s consent. Other
23
AP News, South Carolina Man Executed by Firing Squad, Jeffrey Collins (March 7, 2025) available at:
https://apnews.com/article/firing-squad-execution-south-carolina-sigmond-c998f11ecd3fcbf117d55b682ce3604a (last visited
March 22, 2025).
24
Death Penalty Information Center, Federal Execution-Drug Supplier Says It Will No Longer Produce Pentobarbital for
Executions, (Updated March 14, 2025), available at: https://deathpenaltyinfo.org/federal-execution-drug-supplier-says-it-will-
no-longer-produce-pentobarbital-for-executions (last visited March 19, 2025).
25
Death Penalty Information Center, Idaho Governor Signs Legislation Authorizing Firing Squad as State’s Primary
Execution Method, Hayley Bedard (March 17, 2025), available at: https://deathpenaltyinfo.org/idaho-governor-signs-
legislation-authorizing-firing-squad-as-states-primary-execution-method (last visited March 19, 2025).
26
Section 922.105(3), F.S.
27
Section 922.105(8), F.S.
28
Section 922.105(5), F.S.
29
“Tracking device” means any device whose primary purpose is to reveal its location or movement by the transmission of
electronic signals. Section 934.425(1)(c), F.S.
30
“Tracking application” means any software program whose primary purpose is to track or identify the location or
movement of an individual. Section 934.425(1)(b), F.S. BILL: SB 1604 Page 7
applications are developed and marketed as surveillance applications, commonly targeting
potential customers interested in using the technology to track the movements and
communication of another without consent.
31
Unlawful Installation or Use of a Tracking Device or Application
Unless excepted, s. 934.425, F.S., it is a third degree felony
32
to knowingly:
• Install or place a tracking device or tracking application on another person’s property without
that person’s consent; or
• Use a tracking device or tracking application to determine the location or movement of
another person or another person’s property without that person’s consent.
33
A person’s consent to be tracked is presumed to be revoked if:
• The consenting person and the person to whom consent was given are lawfully married and
one person files a petition for dissolution of marriage from the other;
34
or
• The consenting person or the person to whom consent was given files an injunction for
protection against the other person.
35
The prohibition against installing a tracking device or tracking application does not apply to
specified persons including a law enforcement officer, or any local, state, federal, or military law
enforcement agency, that lawfully installs, places, or uses a tracking device or tracking
application on another person’s property as part of a criminal investigation;
36
The Corrections Mental Health Act
Under the Corrections Mental Health Act, ss. 945.40-945.49, F.S., it is the intent of the
Legislature for mentally ill inmates in the custody of the DOC to receive an evaluation and
appropriate treatment for their mental illness through a continuum of services. The DOC must
provide mental health services to inmates committed to the DOC and may contract with entities,
persons, or agencies qualified to provide such services.
37
Additionally, the DOC is required to
work in cooperation with the Mental Health Program Office of the DCF to adopt rules necessary
for administration of ss. 945.40-945.49, F.S.
38
Mental health treatment facilities are required to
be secure, adequately equipped and staffed, and provide services in the least restrictive manner
consistent with optimum improvement of the inmate’s condition.
39
31
New York Times, I Used Apple AirTags, Tiles and a GPS Tracker to Watch My Husband’s Every Move, Kashmir Hill,
February 11, 2022, available at https://www.nytimes.com/2022/02/11/technology/airtags-gps-surveillance.html (last visited
on March 20, 2025).
32
A third degree felony is generally punishable by not more than 5 years in state prison and a fine not exceeding $5,000.
Section 775.082 and 775.083, F.S.
33
Section 934.425(2), F.S.
34
Section 934.425(3)(a), F.S.
35
Section 934.425(3)(b), F.S., references the following injunctions for protection: s. 741.30, F.S., relating to domestic
violence; s. 741.315, F.S., relating to foreign protection orders; s. 784.046, F.S., relating to repeat violence, sexual violence,
or dating violence; s. 784.048, F.S., relating to stalking.
36
Section 934.425(4)(a), F.S.
37
Section 945.41(1), F.S.
38
Section 945.49(2), F.S.
39
Section 945.41(2), F.S. BILL: SB 1604 Page 8
The Corrections Mental Health Act provides key terminology necessary in determining criteria is
met for crisis stabilization care
40
such as:
• “Mentally ill” means an impairment of the mental or emotional processes that exercise
conscious control of one’s actions or the ability to perceive or understand reality, which
impairment substantially interferes with the person’s ability to meet the ordinary demands of
living. However, for the purposes of transferring an inmate to a mental health treatment
facility, the term does not include a developmental disability as defined in s. 393.063, F.S.,
simple intoxication, or conditions manifested only by antisocial behavior or substance abuse
addiction. However, an individual who is developmentally disabled may also have a mental
illness.
41
• “In immediate need of care and treatment” means that an inmate is apparently mentally ill
and is not able to be appropriately cared for in the institution where he or she is confined and
that, but for being isolated in a more restrictive and secure housing environment, because of
the apparent mental illness: the inmate is demonstrating a refusal to care for himself or
herself and without immediate treatment intervention is likely to continue to refuse to care
for himself or herself, and such refusal poses an immediate, real, and present threat of
substantial harm to his or her well-being; or there is an immediate, real, and present threat
that the inmate will inflict serious bodily harm on himself or herself or another person, as
evidenced by recent behavior involving causing, attempting, or threatening such harm; the
inmate is unable to determine for himself or herself whether placement is necessary; and all
available less restrictive treatment alternatives that would offer an opportunity for
improvement of the inmate’s condition have been clinically determined to be inappropriate.
42
• “In need of care and treatment” means that an inmate has a mental illness for which inpatient
services in a mental health treatment facility are necessary and that, but for being isolated in
a more restrictive and secure housing environment, because of the mental illness: the inmate
is demonstrating a refusal to care for himself or herself and without treatment is likely to
continue to refuse to care for himself or herself, and such refusal poses a real and present
threat of substantial harm to his or her well-being; or there is a substantial likelihood that in
the near future the inmate will inflict serious bodily harm on himself or herself or another
person, as evidenced by recent behavior causing, attempting, or threatening such harm; The
inmate is unable to determine for himself or herself whether placement is necessary; and all
available less restrictive treatment alternatives that would offer an opportunity for
improvement of the inmate's condition have been clinically determined to be inappropriate.
43
• “Transitional mental health care” means a level of care that is more intensive than outpatient
care, but less intensive than crisis stabilization care, and is characterized by the provision of
traditional mental health treatments such as group and individual therapy, activity therapy,
recreational therapy, and psychotropic medications in the context of a structured residential
setting. Transitional mental health care is indicated for a person with chronic or residual
symptomatology who does not require crisis stabilization care or acute psychiatric care, but
40
“Crisis Stabilization Care” means a level of care that is less restrictive and intense than care provided in a mental health
treatment facility, that includes a broad range of evaluation and treatment services provided within a highly structured setting
or locked residential setting, and that is intended for inmates who are experiencing acute emotional distress and who cannot
be adequately evaluated and treated in a transitional care unit and is devoted principally toward rapid stabilization of acute
symptoms and conditions. Section 945.42(2), F.S.
41
Section 945.42(9), F.S.
42
Section 945.42(5), F.S.
43
Section 945.42(6), F.S. BILL: SB 1604 Page 9
whose impairment in functioning nevertheless renders him or her incapable of adjusting
satisfactorily within the general inmate population .
44
Correctional officers employed by a mental health treatment facility must receive specialized
training above and beyond basic certification.
An inmate receiving mental health treatment must be subject to the same standards applied to
other inmates in the department, including, but not limited to, consideration for parole, release by
reason of gain-time allowances, and release by expiration of sentence.
45
Procedure for Placement
If an inmate is deemed mentally ill and in need of care and treatment, he or she may be placed in
a mental health treatment facility after notice and hearing, and upon recommendation of the
warden. The procedure for placement in a mental health treatment facility is as follows:
46
• The warden files a petition with the court in the county where the inmate is housed. The
petition must include the warden’s recommendation supported by the expert opinion of a
psychiatrist and the second opinion of a psychiatrist or psychological professional.
• A copy of the petition must be served to the inmate, accompanied by a written notice that an
inmate may apply to have an attorney appointed if the inmate cannot afford one. The attorney
must have access to the inmate and any records that are relevant to the representation of the
inmate.
• The hearing must be held in the same county and one of the inmate’s physicians at the
facility must appear as a witness at the hearing.
• If the inmate is found mentally ill and in need of care, the court must order the inmate be
placed in a mental health treatment facility or, if the inmate is at a mental health treatment
facility, that he or she be retained there. The court must authorize the facility to retain the
inmate for up to six months. If continued placement is necessary, the warden shall apply to
the Division of Administrative Hearings, for an order authorizing continued placement.
The current procedure for a hearing on the placement of an inmate in a mental health treatment
facility provides:
47
• The court must serve notice on the warden of the facility where the inmate is confined and
serve the allegedly mentally ill inmate. The notice must specify the date, time, and place of
the hearing; the basis for the allegation of mental illness; and the names of the examining
experts. The hearing shall be held within 5 days, and the court may appoint a general or
special magistrate to preside. One of the experts whose opinion supported the petition for
placement must be present at the hearing.
• If, at the hearing, the court finds that the inmate is mentally ill and in need of care and
treatment, the court must order that he or she be placed in a mental health treatment facility.
The court must provide a copy of the order and all supporting documentation relating to the
44
Section 945.42(13), F.S.
45
Section 945.49, F.S.
46
Section 945.43(2), F.S.
47
Section 945.43(3), F.S. BILL: SB 1604 Page 10
inmate’s condition to the warden of the treatment facility. If the court finds that the inmate is
not mentally ill, the petition for placement is dismissed.
The court may waive the presence of the inmate at the hearing if it is in the best interests of the
inmate and the inmate’s counsel does not object. The department may transport the inmate to the
location of the hearing if it is not conducted at the facility or electronically.
48
The warden of an
institution in which a mental health treatment facility is located may refuse to place any inmate
in that treatment facility who is not accompanied by adequate court orders and documentation, as
required in these sections.
49
Procedure for Emergency Placement
An inmate may be placed in a mental health treatment facility on an emergency basis if he or she
is mentally ill and in immediate need of care and treatment. If such care and treatment cannot be
provided at the institution where the inmate is confined, he or she may be placed immediately in
a mental health treatment facility accompanied by the recommendation of the warden of the
institution where the inmate is confined. The recommendation must state the need for the
emergency placement and include a written opinion of a physician verifying the need. Upon
placement, the inmate shall be evaluated, if the inmate is determined to be in need of treatment
or care, the warden initiates proceedings for placement.
50
Procedure for Continued Placement
An inmate may be retained in a mental health treatment facility if he or she is mentally ill and
continues to be in need of care and treatment. The procedure for continued placement is as
follows:
• Prior to expiration of the period in which the inmate is being housed in a mental health
treatment facility, the warden must file a petition with the Division of Administrative
Hearings accompanied by a statement from the inmate’s physician justifying the petition and
providing a summary of the inmate’s treatment and the individualized plan for the inmate.
51
• Notification is mailed to the inmate, along with a waiver-of-hearing form and the completed
petition, requesting the inmate’s signature. The waiver-of-hearing form shall require express
and informed consent and shall state the inmate is entitled to be represented by an attorney.
52
• The hearing is an administrative hearing and conducted in accordance with ch. 120, F.S.,
53
except that an order entered by the administrative law judge is final and subject to judicial
review. An administrative law judge shall be assigned by the Division of Administrative
Hearings.
54
48
Section 945.43(3)(a), F.S.
49
Section 945.43(4), F.S.
50
Section 945.44, F.S.
51
Section 945.45(2)(a), F.S.
52
If the inmate does not sign the petition, or if the inmate does not sign a waiver within 15 days, the administrative law judge
must notice a hearing with regard to the inmate involved in accordance with ss. 120.569 and 120.57(1), F.S.
Section 945.45(2)(b), F.S.
53
Chapter 120, F.S., provides procedure for all administrative hearings.
54
Section 945.45(3)(a), F.S. BILL: SB 1604 Page 11
• If the administrative law judge finds the inmate no longer meets the criteria for placement,
the inmate will be transferred out of the mental health treatment facility.
55
• If the inmate waives the hearing or if the administrative law judge finds the inmate is in need
of continued placement, the administrative law judge will order continued placement for a
period not to exceed one year. This procedure shall be repeated prior to the expiration of each
additional one year period.
56
The administrative law judge may appoint a private pro bono attorney in the circuit in which the
treatment facility is located to represent the inmate.
57
The presence of the inmate at the hearing
may be waived if such waiver is consistent with the best interest of the inmate and the inmate’s
counsel does not object.
58
Involuntary Placement with Respect to Scheduled Release
If an inmate who is receiving mental health treatment is scheduled for release through expiration
of sentence or any other means, but continues to be mentally ill and in need of care and
treatment, the warden is authorized to initiate procedures for involuntary placement 60 days prior
to release.
59
Additionally, the warden may initiate procedures for involuntary examination for
any inmate who has a mental illness and meets the criteria under s. 394.463(1), F.S.
60,61
The DOC may transport an individual who is being released from its custody to a receiving or
treatment facility for involuntary examination or placement. Transport must be made to a facility
specified by the DCF, or the nearest receiving facility if not specified.
62
Discharge of an Inmate from Mental Health Treatment
An inmate must be discharged from mental health treatment under the following conditions:
63
• The inmate is no longer in need of care and treatment, he or she may be transferred out of the
mental health treatment facility and provided with appropriate mental health services; or
• If the inmate’s sentence expires during his or her treatment, but he or she is no longer in need
of care as an inpatient, the inmate may be released with a recommendation for outpatient
treatment.
55
Section 945.45(3)(d), F.S.
56
Section 945.45(3)(e), F.S.
57
Section 945.45(3)(b), F.S.
58
Section 945.45(3)(c), F.S.
59
Section 945.46(1), F.S.
60
The Florida Mental Health Act finds a person may be ordered for involuntary inpatient placement for treatment if he or she
has a mental illness and because of that illness has either refused voluntary placement or is unable to determine whether
inpatient placement is necessary and is incapable for surviving alone or with the help of willing friends or family and is likely
to suffer from neglect, refuse to take care of themselves, or there is substantial likelihood that in the near future he or she will
inflict serious bodily harm on self or others.
61
Section 945.46(2), F.S.
62
Section 945.46(3), F.S.
63
Section 945.47(1), F.S. BILL: SB 1604 Page 12
At any time that an inmate who has received mental health treatment becomes eligible for release
under supervision or upon end of sentence, a record of the inmate’s mental health treatment may
be provided to the FCOR and to the DCF upon request.
64
Involuntary Treatment
An inmate in a mental health treatment facility has the right to receive treatment that is suited to
his or her needs and that is provided in a humane psychological environment. Such treatment
must be administered skillfully, safely, and humanely with respect for the inmate’s dignity and
personal integrity. An inmate must be asked to give his or her express and informed written
consent for such treatment.
65
If an inmate has refused to give express and informed consent for treatment, the warden of the
mental health treatment facility must petition the circuit court serving the county in which the
facility is located for an order authorizing the treatment of the inmate. The inmate must be
provided a copy of the petition along with the proposed treatment, basis for treatment, names of
examining experts, and the date, time, and location of the hearing.
66
The hearing on the petition for involuntary treatment must be held within five days after the
petition is filed. The inmate may have an attorney represent him or her, or if indigent, the court
must appoint the office of the public defender. The inmate may testify or not, may cross-examine
witnesses testifying on behalf of the facility, and may present his or her own witnesses. The
inmate’s presence may be waived. One of the inmate’s physicians whose opinion supported the
petition shall appear as a witness.
67
The court must determine by clear and convincing evidence whether the inmate is mentally ill,
whether such treatment is essential to the care of the inmate, and whether the treatment is
experimental or presents an unreasonable risk of serious, hazardous, or irreversible side effects.
The court must consider at least the following:
68
• The inmate’s expressed preference regarding treatment;
• The probability of adverse side effects;
• The prognosis for the inmate without treatment; and
• The prognosis for the inmate with treatment.
An order authorizing involuntary treatment authorizes treatment for a period not to exceed 90
days following the date of the order. If the inmate is still in need of treatment, the warden must
petition the court for an order authorizing the continuation of treatment for another 90-day
64
Section 945.47(2), F.S.
65
The “right to express and informed consent” as listed in s. 945.48, F.S., means to consent voluntarily given in writing after
conscientious and sufficient explanation and disclosure of the purpose of the proposed treatment; common side effects of the
treatment, if any; the expected duration of the treatment; and the alternative treatment available. The explanation shall enable
the inmate to make a knowing and willful decision without any element of fraud, deceit, or duress or any other form of
constraint or coercion. Section 945.48(2), F.S.
66
Section 945.48(3), F.S.
67
Section 945.48(4)(a), F.S.
68
Section 945.48(4)(b), F.S. BILL: SB 1604 Page 13
period. This process is repeated until the inmate provides express and informed consent or is no
longer in need of treatment.
69
Emergency Treatment
In an emergency situation in which there is immediate danger to the health and safety of an
inmate or other inmates, emergency treatment may be provided at a mental health treatment
facility upon the written order of a physician for a period not to exceed 48 hours.
If, after the 48-hour period, the inmate has not given express and informed consent to the
treatment initially refused, the warden must petition the circuit court within 48 hours, excluding
weekends and legal holidays, for an order authorizing the continued treatment of the inmate.
In the interim, treatment may be continued upon the written order of a physician who has
determined that the emergency situation continues to present a danger to the safety of the inmate
or others. If an inmate must be isolated for mental health purposes, that decision must be
reviewed within 72 hours by a different psychological professional or a physician other than the
one making the original placement.
70
Additionally, when the consent of an inmate cannot be obtained, the warden of a mental health
treatment facility, or his or her designated representative, with the concurrence of the inmate’s
attending physician, may authorize emergency surgical or nonpsychiatric medical treatment if
deemed lifesaving or there is a situation threating serious bodily harm to the inmate.
71
Health Care Advance Directives
Health care advance directives as defined in ch. 765, F.S., do not directly address inmates in
custody of the DOC.
Contractor-Operated Correctional Facilities
A contract entered into for the operation of contractor-operated correctional facilities, formerly
known as private prisons, must maximize the cost savings
72
of such facilities and:
• Is not exempt from ch. 287, F.S., including the competitive solicitation requirements.
• Be executed with the contractor most qualified.
• Indemnify the state and the DOC against any and all liability.
• Require that the contractor seek, obtain, and maintain accreditation by the American
Correctional Association for the facility under that contract.
• Require the proposed facilities and the management plans for the inmates meet applicable
American Correctional Association standards and the requirements of all applicable court
orders and state law.
• Establish operations standards for correctional facilities subject to the contract.
69
Section 945.48(4)(c), F.S.
70
Section 945.48(5), F.S.
71
Section 945.48(6), F.S.
72
The department may not enter into a contract or series of contracts unless the DOC determines that the contract or series of
contracts in total for the facility will result in a cost savings to the state of at least 7 percent over the public provision of a
similar facility. Section 957.07, F.S. BILL: SB 1604 Page 14
• Require the contractor to be responsible for a range of dental, medical, and psychological
services; diet; education; and work programs at least equal to those provided by the DOC in
comparable facilities.
• Require the selection and appointment of a full-time contract monitor, appointed and
supervised by the DOC.
• Be for a period of three years and may be renewed for successive two year periods
thereafter.
73
Florida Commission on Offender Review (FCOR)
The FCOR makes a variety of determinations regarding parole and other releases, and reviews
releasees’ supervision status every two years. In both parole and conditional medical release
hearings, testimony and pertinent information may be provided by a representative of an inmate,
an inmate’s family, by victims of the offense, and the victim’s family. During hearings, the
commission conducts other types of proceedings, such as imposing conditions of conditional
release or addiction recovery supervision. The commission makes final determinations with
regard to revocation of post release supervision, where a releasee may have violated conditions
of their release.
74
The FCOR consists of three commissioners
75
appointed by the Governor and Cabinet from a list
of eligible applicants submitted by the parole qualifications committee. Each appointment must
be certified to the Senate for confirmation. The membership of the commission must include
representation from minority persons.
76,77
Commissioners serve a term of six years, and no
person is eligible to be appointed for more than two consecutive six year terms.
78
The parole qualifications committee consists of five persons who are appointed by the Governor
and Cabinet. The committee provides for the advertisement and the receiving of applications for
any position or positions.
79
The committee is to submit a list of three eligible applicants which
may include an incumbent commissioner. Upon receiving a list of eligible persons from the
committee, the Governor and Cabinet may reject the list. If so, the committee must reinitiate the
application and examination procedure.
80
73
Section 957.04(1)(a)-(i), F.S.
74
Florida Commission on Offender Review, Organization, available at: https://www.fcor.state.fl.us/overview.shtml (last
visited March 20, 2025).
75
The Florida Commission on Offender Review was created to consist of six members who are residents of the state.
Effective July 1, 1996, the membership of the commission shall consist of three members. Section 947.01, F.S.
76
“Minority person” means a lawful, permanent resident of Florida who is: (a) an African American, a person having origins
in any of the black racial groups of the African Diaspora, regardless of cultural origin; (b) a Hispanic American, a person of
Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean,
regardless of race; (c) an Asian American, a person having origins in any of the original peoples of the Far East, Southeast
Asian, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands before 1778; (d) a Native American, a
person who has origins in any of the Indian Tribes of North America before 1835, upon presentation of proper documentation
thereof as established by rule of the Department of Management Services; and (e) an American woman. Section 288.703(4),
F.S.
77
Section 947.02(1), F.S.
78
Section 947.03, F.S.
79
Section 947.02(2), F.S.
80
Section 947.02(4), F.S. BILL: SB 1604 Page 15
Whenever the Legislature decreases the membership of the FCOR, all terms of office expire.
Under such circumstances, the Governor and Cabinet must expedite the appointment of
commissioners. For expediated appointments, the commissioners will be directly appointed by
the Governor and Cabinet. The commission must still include representation from minority
persons.
81
III. Effect of Proposed Changes:
The bill amends multiple sections of law regarding prepayment court costs and the statute of
limitations on prisoners’ lawsuits, execution methods for the death penalty, location tracking for
inmates and other persons, the parole qualifications committee, contractor-operated correctional
facilities, minority representation requirements, and the Corrections Mental Health Act.
Litigation and Fees
Section 57.085, F.S., is amended to specify that the deferral of prepayment of court costs and
fees does not apply to challenges to prison disciplinary reports.
The bill amends s. 95.11, F.S., to provide a statute of limitations of one year to all petitions,
extraordinary writs, tort actions, or other actions which concern any condition of confinement of
a prisoner.
The bill creates s. 760.701, F.S., to restrict a prisoner from pursuing a civil action until all
administrative remedies are fully exhausted. Additionally, the bill directs the court to dismiss any
action by a prisoner if the court finds the action is frivolous, malicious, or fails to state a claim
upon which relief can be granted or seeks monetary relief from a defendant who is immune from
such relief.
Further, the bill prohibits a prisoner, or person on behalf of a prisoner, from filing a lawsuit, or
any state tort action, relating to the conditions of confinement for mental or emotional injury
suffered while in custody without a prior showing of physical injury or the commission of a
sexual act. The bill provides any action concerning the condition of confinement is subjected to a
one-year time limit.
Sentencing
The bill amends s. 775.087, F.S., to allow for a court to impose consecutive sentences for any
person who is convicted for committing an offense listed under the 10-20-Life statute, in
conjunction with any other felony offense, and mandates that the court impose any term of
imprisonment under 10-20-Life consecutively.
The bill amends ss. 922.10 and 922.105, F.S., to allow for an inmate who has received the death
sentence to be executed by a method not deemed unconstitutional, if electrocution and lethal
injection are deemed to be unconstitutional or if the acquisition of chemicals necessary for lethal
injection becomes impossible or impractical.
81
Section 947.021, F.S. BILL: SB 1604 Page 16
Tracking
The bill amends s. 934.425, F.S., to define “confinement center” as a jail, center, facility, or
institution designed to house a person or confine a person’s movements in accordance with:
• Ch. 394, F.S., relating to mental health facilities;
• Ch. 908, F.S., relating to immigration;
• Ch. 941, F.S., relating to corrections interstate cooperation;
• Ch. 944, F.S., relating to the state correctional system;
• Ch. 945, F.S., relating to the DOC;
• Ch. 950, F.S., relating to jails and jailers;
• Ch. 951, F.S., relating to county and municipal prisoners;
• Ch. 957, F.S., relating to private prisons;
• Ch. 958, F.S., relating to youthful offenders;
• Ch. 984, F.S., relating to the DCF; and,
• Ch. 985, F.S., relating to juvenile justice interstate compact.
The bill provides an exception to the criminal offense for the installation or use of a tracking
device to allow for a person who while working for or at a confinement center installs, places, or
uses a tracking device or tracking application on a person within their care, custody, or control as
part of his or her employment.
Corrections Mental Health Act
The bill amends and substantially rewords the Corrections Mental Health Act under ss. 945.41 –
945.49, F.S., to provide updated, clarifying, or technical language, as well as provide substantial
changes to the procedure for placement and treatment of inmates.
The bill amends s. 945.41, F.S., to revise legislative intent and authorize the DOC to purchase
treatment materials and equipment, and contract with entities, persons, or agencies qualified to
provide mental health treatment and services to support inmate rehabilitation.
Inmates in the custody of the DOC must be offered the opportunity to participate in the
development of a written individualized treatment plan. The bill requires that inmates who have
mental illnesses that require intensive mental health inpatient treatment or services be offered an
inpatient setting designated for that purpose, and inmates who require intensive hospitalization to
be transferred to a DOC mental health treatment facility. Inmates must be offered the least
restrictive appropriate available treatment and services based on their assessed needs and best
interests.
A mentally competent inmate must give his or her express and informed consent
82
for mental
health treatment. The bill requires that before such consent is given, details of treatment must be
explained in plain language to the inmate and that any consent given for treatment may be
82
The following is required to be explained in plain language: the proposed treatment, purpose of the treatment, the common
risks, benefits, and side effects of treatment and specific dosage of medication if applicable, alternative treatment modalities,
the approximate length of treatment, the potential effects of stopping treatment, and how treatment will be monitored. BILL: SB 1604 Page 17
revoked orally or in writing before or during the treatment by the inmate or a person legally
authorized to make those health care decisions.
Inmates who are incompetent to consent must receive treatment deemed necessary for their
appropriate care and for the safety of the inmate or others.
The bill authorizes nonpsychiatric, emergency surgical treatment or routine medical treatment for
an inmate placed in a mental health treatment facility when the express and informed consent
cannot be obtained or the inmate is incompetent to consent to treatment if such treatment is
deemed lifesaving or there is a situation threatening serious bodily harm to the inmate.
The bill amends s. 945.42, F.S., to define the terms “express and informed consent,”
83
“gravely
disabled,”
84
“incompetent to consent to treatment,”
85
“involuntary examination,”
86
“likelihood of
serious harm,”
87
and treatment,
88
and removes the definition and procedure for inmates that are
“in immediate need of care and treatment.”
Involuntary Examination
The bill substantially rewords s. 945.43, F.S., to provide a process for involuntary examination.
An inmate’s treating clinician may refer the inmate to a mental health facility for an involuntary
examination if there is reason to believe the inmate has a mental illness and is in need of care and
treatment. Upon arrival, the inmate must be examined by a psychiatrist and a second psychiatrist
or psychological professional to determine whether the inmate is in need of care and treatment.
If there is a need for treatment, the psychiatrist will propose a recommended course of treatment
and the warden will initiate proceedings for placement and for involuntary treatment as specified
in s. 945.44, F.S.
83
“Express and informed consent” means consent voluntarily given in writing, by a competent inmate, after sufficient
explanation and disclosure of the subject matter involved, to enable the inmate to make a knowing and willful decision
without any element of force, fraud, deceit, duress, or other form of constraint or coercion.
84
“Gravely disabled” means a condition in which an inmate, as a result of a diagnosed mental illness is either in danger of
serious physical harm resulting from the inmates failure to provide for his or her essential physical needs of food, clothing,
hygiene, health, or safety without the assistance of others, or experiencing a substantial deterioration in behavioral
functioning evidenced by the inmate’s unremitting decline in volitional control over his or her actions.
85
“Incompetent to consent to treatment” means a state in which an inmate’s judgement is so affected by mental illness that he
or she lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical or mental
health treatment and services. The term only refers to an inmate’s inability to provide express and informed consent for
medical and mental health treatment and services.
86
“Involuntary examination” means a psychiatric examination performed at a mental health treatment facility to determine
whether an inmate should be placed in the mental health treatment facility for inpatient mental health treatment and services.
87
“Likelihood of serious harm” means the following: a substantial risk that the inmate will inflict serious physical harm upon
his or her own person, as evidenced by threats or attempts to commit suicide or the actual infliction of serious physical harm
on self; a substantial risk that the inmate will inflict physical harm upon another person, as evidenced by behavior which has
caused such harm or which places any person in reasonable fear of sustaining such harm; or a reasonable degree of medical
certainty that the inmate will suffer serious physical or mental harm as evidenced by the inmate’s recent behavior
demonstrating an inability to refrain from engaging in self-harm behavior.
88
“Treatment” means psychotropic medication prescribed by a medical practitioner licensed pursuant to ch. 458 or 459,
F.S., including those laboratory tests and related medical procedures that are essential for the safe and effective
administration of psychotropic medication and psychological interventions and services such as group and individual
psychotherapy, activity therapy, recreational therapy, and music therapy. BILL: SB 1604 Page 18
The involuntary examination and initiation of court proceedings must be completed within 10
calendar days after arrival and may remain in the mental health treatment facility pending a
hearing after the timely filing of a petition as described in s. 945.44, F.S. Pending such,
necessary treatment may be provided as described in s. 945.44, F.S.
If the inmate is not in need of care and treatment, the inmate must be transferred out of the
mental health treatment facility and provided with appropriate mental health services.
Placement and Treatment of an Inmate in a Mental Health Treatment Facility
The bill substantially rewords s. 945.44, F.S., to provide the criteria and hearing procedures for
petitions relating to the placement and treatment of an inmate in a mental health treatment
facility. This bill authorizes the DOC to place an inmate in a mental health treatment facility if he
or she is mentally ill and is in need of care and treatment. An inmate may receive involuntary
mental health treatment that is deemed to be essential for the appropriate care and safety of the
inmate or others if the inmate is either gravely disabled or presents a likelihood of serious harm.
An inmate may be placed and involuntarily treated in a mental health treatment facility after
notice and hearing. The procedure for petitions for placement and treatment are provided in the
bill.
The bill provides that the court must find by clear and convincing evidence that the inmate is
mentally ill and in need of care and treatment in order to place the inmate in a mental health
treatment facility. The bill provides the court must make additional specified findings to
administer treatment.
The bill authorizes status hearings and the continuation of placement until an inmate is no longer
in need of care and treatment. The bill authorizes the court to dismiss the petition and transfer the
inmate out of the mental health treatment facility if the criteria for placement and treatment are
not satisfied.
The bill repeals s. 945.45, F.S., relating to the continued placement of inmates in mental health
facilities. Language pertaining to continued placement is described in s. 945.44, F.S., under the
bill.
Initiation of Involuntary Placement Proceedings with Inmates Scheduled for Release
The bill amends s. 945.46, F.S., to provide the process for involuntary placement when an inmate
continues to be mentally ill and in need of care and treatment but is scheduled for release.
The warden must file a petition for involuntary inpatient placement for inmates scheduled to be
released in the court in the county where the inmate is located. Upon filing, the clerk must
provide copies of the petition to the DCF, the inmate, the state attorney and the public defender.
The bill adds language to ensure a fee may not be charged for the filing of the petition.
The bill requires within one court working day after the filing of the petition for a public
defender to be appointed, unless the inmate is otherwise represented. The state attorney for the BILL: SB 1604 Page 19
circuit in which the inmate is located will represent the state in these proceedings rather than the
warden. The bill provides the proceedings are governed by ch. 394, F.S.
The court may order that the hearing be conducted by electronic means, at the facility in person,
or at another location.
The bill amends s. 945.47, F.S., to specify that at any time an inmate who has received mental
health treatment while in the custody of the DOC becomes eligible for release, a record of the
treatment may be provided to the FCOR and the DCF for the purpose of arranging post release
aftercare placement and to prospective recipient inpatient health care or residential facilities
upon request.
Emergency Treatment Orders and Use of Force
The bill substantially rewords s. 945.48, F.S., to authorize the DOC to involuntary administer
psychotropic medication to an inmate on an emergency basis without following the procedure
outlined in s. 945.43, F.S. Psychotropic medication may be administered only when the
medication constitutes an appropriate treatment for a mental illness and its symptoms and
alternative treatments are not available or indicated, or would not be effective.
An emergency exists when the inmate with a mental illness presents an immediate threat of:
• Bodily harm to self or others; or
• Extreme deterioration in behavior functioning secondary to the mental illness.
The bill authorizes the administration of psychotropic medication not to exceed 72 hours, after
which the treating physician must refer the inmate for an involuntary examination in accordance
with ss. 945.43 and 945.44, F.S. The warden must transfer the inmate to a mental health
treatment facility within 48 hours, excluding weekends and legal holidays.
The DOC may use force when and to the extent that it reasonably appears necessary to effectuate
the treatment, effectuate clinically necessary hygiene of an inmate, for the application of physical
restraint, or pursuant to a valid court order.
Management and Treatment of Self-Injurious Behaviors
The bill creates s. 945.485, F.S., to provide procedures for when an inmate is engaging in active
or ongoing self-injurious behavior and has refused to provide express and informed consent.
If an inmate is determined incompetent to consent to treatment, the inmate’s treating physician is
required to proceed as set forth in s. 945.6042, F.S, created under this bill. The bill provides
proceedings for when an inmate is competent, refusing necessary surgical or medical treatment,
and engaging in active or ongoing self-injurious behavior that presents a threat to the safety of
the DOC staff, other inmates or the security, internal order, or discipline of the institution.
If the inmate is competent, refusing necessary surgical or medical treatment, and is engaging in
active or ongoing self-injurious behavior that presents a threat, the warden must petition the
court for an order compelling the inmate to submit to emergency surgical intervention or other BILL: SB 1604 Page 20
medical services to the extent necessary to remedy the threat. An inmate must be provided with a
copy of the petition and other specified information. The inmate is entitled to representation, and
the court may appoint the public defender or private counsel to represent the inmate. The hearing
must be held as expeditiously as possible, but no later than five calendar days after filing.
The bill provides considerations for the court and requires the court to determine whether the
warden has established by clear and convincing evidence that the state interest is sufficient to
outweigh the inmate’s right to refuse treatment.
Inmate Health Care Advance Directives
The bill creates s. 945.6042, F.S., to provide the DOC must offer inmates an opportunity to sign
an advance health care directive. The bill provides definitions for “health care facility,”
89
“incapacity,”
90
“informed consent,”
91
“inmate,”
92
ombudsman,
93
proxy,
94
and proxy review
team.
95
The bill provides procedure relating to the capacity of an inmate. An inmate’s treating physician
must evaluate the inmate’s capacity and enter the evaluation in the inmate’s medical record if the
inmate lacks capacity. A second opinion is required if the evaluating physician has a question as
to whether the inmate lacks capacity and both evaluations must be entered in the medical record.
Incapacity cannot be inferred from an inmate’s involuntary hospitalization for mental illness or
from his or her intellectual disability.
If the inmate is found to be incapacitated and has a designated health care surrogate in
accordance with ch. 765, F.S., the surrogate must be notified. If the inmate has not designated a
health care surrogate, the facility must appoint a proxy to make health care decisions.
The bill requires the DOC to provide each inmate written information concerning advance
directives and necessary forms to execute an advance directive, and document such in the
inmate’s medical records. An advance directive may be amended or revoked at any time by a
competent inmate through various means such as written and spoken communication.
89
“Health care facility” has the same meaning as in s. 765.101, F.S., and includes any correctional institution or facility
where health care is provided.
90
“Incapacity” or “Incompetent” means an inmate is physically or mentally unable to communicate a willful and knowing
health care decision.
91
“Informed consent” means consent voluntarily given by an inmate after a sufficient explanation and disclosure of the
subject matter involved to enable the inmate to have a general understanding of the treatment or procedure and the medically
acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to
make a knowing health care decision without coercion or undue influence.
92
“Inmate” means any person committed to the custody of the DOC.
93
“Ombudsman” means an individual designated and specifically trained by the department to identify conditions that may
pose a threat to the rights, health, safety, and welfare of inmates in a health care facility and who may be appointed to serve
as a proxy for an inmate who is physically or mentally unable to communicate a willful and knowing health care decision.
94
“Proxy” means a competent adult who has not been expressly designated to make health care decisions for a particular
incapacitated inmate, but who, nevertheless, is authorized pursuant to s. 765.401, F.S., to make health care decisions for such
inmate.
95
“Proxy review team” means a team of at least five members, appointed by the Assistant Secretary for Health Services. The
team is composed of, at a minimum, one physician licensed pursuant to ch. 458 or ch. 459, F.S., one psychologist licensed
pursuant to ch. 490, F.S., one nurse licensed pursuant to ch. 464, F.S., and one department chaplain. BILL: SB 1604 Page 21
If the inmate has not designated a health care surrogate, health care decisions may be made for
the inmate by any individuals specified in the priority order provided in s. 765.401(1)(a)-(g),
F.S.,
96
as a proxy. If there are no individuals available, willing, or competent, the warden must
notify the Assistant Secretary for Health Services or designee to appoint a DOC ombudsman to
serve as a proxy until the inmate regains capacity or is no longer incarcerated in the custody of
the DOC. The proxy must make any health care decision based on informed consent and that the
proxy reasonable believes the inmate would have made that decision. If there is no indication of
what decision the inmate would make, the proxy may consider the inmate’s best interests.
The bill authorizes the use of force to administer medical treatment only by or under the clinical
supervision of a physician or his or her designee and only to carry out a health care decision
made. The bill also provides immunity from liability for a DOC health care provider,
ombudsman, or other employees who act under the direction of a health care provider.
The bill amends s. 945.49, F.S., to remove the requirement for the DOC to work in cooperation
with the Mental Health Program Office of the DCF to adopt rules necessary to administer
sections under the Corrections Mental Health Act.
Additional Requirements
The bill amends s. 947.02, F.S., to eliminate the Parole Qualification Committee. The members
of the FCOR are to be directly appointed by the Governor and Cabinet. The bill also removes the
requirement for the membership of the FCOR commission to include representation from
minority persons. Sections 947.021 and 947.12 F.S., are amended to conform with the
elimination of the Parole Qualifications Committee.
The bill amends s. 957.04, F.S., to allow the DOC to exclude certain services from a contract for
private correctional services and retain the responsibility for the delivery of such services
whenever the DOC finds it to be in the best interest of the state. Additionally, the requirement for
each contract to include substantial minority participation is removed.
The bill amends s. 957.09, F.S., to remove language relating to the participation of minority
business enterprises.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
96
A judicially appointed guardian; spouse; adult child of the patient or a majority of adult children; a parent; the adult sibling
or a majority of the adult siblings; an adult relative who has exhibited special care and concern and has maintained regular
contact and is familiar with the patients activities, health, and religious or moral beliefs; or a close friend is authorized under
this section to make health care decisions. BILL: SB 1604 Page 22
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Some courts have found parts of the PLRA to be unconstitutional. This language may be
subjected to litigation.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have an indeterminate fiscal impact on the DOC due to an increase in
mental health services and treatment as well as transporting inmates to facilities to meet
those needs.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 57.085, 95.11,
775.087, 922.10, 922.105, 934.425, 945.41, 945.42. 945.43, 945.44, 945.46, 945.47, 945.48,
945.49, 947.02, 947.021, 947.12, 957.04, 957.09.
This bill creates the following sections of the Florida Statutes: 760.701, 945.485, 945.6402.
This bill repeals section 945.45 of the Florida Statutes. BILL: SB 1604 Page 23
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.