Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1236
       
       
       
       
       
       
                                Ì327694NÎ327694                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2022           .                                
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       The Committee on Rules (Jones) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 61 - 252
    4  and insert:
    5         (4) COUNTY AND MUNICIPAL DETENTION FACILITY STANDARDS FOR
    6  SHERIFFS AND CHIEF CORRECTIONAL OFFICERS.—
    7         (a) There is shall be established the Florida Model Jail
    8  Standards Working Group to develop and maintain model standards
    9  for county and municipal detention facilities. The a seven
   10  member five-member working group shall consist consisting of:
   11         1. Three currently elected sheriffs, persons appointed by
   12  the Florida Sheriffs Association.
   13         2.A physician licensed in the state with at least 2 years
   14  of experience in correctional health care, appointed by the
   15  Florida Sheriffs Association. and
   16         3.A currently elected county commissioner, two persons
   17  appointed by the Florida Association of Counties.
   18         4.An experienced jail administrator of a county jail
   19  operated by a county, appointed by the Florida Association of
   20  Counties.
   21         5.A psychiatrist licensed in the state with at least 2
   22  years of experience in correctional psychiatry, appointed by the
   23  Florida Association of Counties to develop model standards for
   24  county and municipal detention facilities.
   25         (b)Every sheriff, county, city, or other entity that
   26  operates a municipal detention facility or a county detention
   27  facility By October 1, 1996, each sheriff and chief correctional
   28  officer shall adopt, at a minimum, the Florida Model Jail
   29  Standards approved by the working group with reference to all of
   30  the following:
   31         1.a. The construction, equipping, maintenance, and
   32  operation of county and municipal detention facilities.
   33         2.b. The cleanliness and sanitation of county and municipal
   34  detention facilities.;
   35         3. The number of county and municipal prisoners who may be
   36  housed therein per specified unit of floor space.;
   37         4. The quality, quantity, and supply of bedding furnished
   38  to county and municipal such prisoners.;
   39         5. The quality, quantity, and diversity of food served to
   40  county and municipal prisoners them and the manner in which it
   41  is served.;
   42         6. The furnishing to them of medical attention and health
   43  and comfort items to county and municipal prisoners.; and
   44         7. The disciplinary treatment which may be meted out to
   45  county and municipal prisoners them.
   46  
   47         Notwithstanding the provisions of the otherwise applicable
   48  building code, a reduced custody housing area may be occupied by
   49  inmates or may be used for sleeping purposes as allowed in
   50  subsection (7). The sheriff or chief correctional officer shall
   51  provide that a reduced custody housing area shall be governed by
   52  fire and life safety standards which do not interfere with the
   53  normal use of the facility and which affect a reasonable degree
   54  of compliance with rules of the State Fire Marshal for
   55  correctional facilities.
   56         8.2. The confinement of prisoners by classification and
   57  providing, whenever possible, for classifications which separate
   58  males from females, juveniles from adults, and felons from
   59  misdemeanants, and those awaiting trial from those convicted
   60  and, in addition, providing for the separation of special risk
   61  prisoners, such as the mentally ill, alcohol or narcotic
   62  addicts, sex deviates, suicide risks, and any other
   63  classification which the local unit may deem necessary for the
   64  safety of the prisoners and the operation of the facility
   65  pursuant to degree of risk and danger criteria. Nondangerous
   66  felons may be housed with misdemeanants. Special consideration
   67  must be given to the appropriate housing of pregnant women as
   68  provided under s. 944.241.
   69         9.Requirements for the inspection of county and municipal
   70  detention facilities and the penalties for noncompliance as
   71  provided in s. 951.2302.
   72  
   73         Notwithstanding the provisions of the otherwise applicable
   74  building code, a reduced custody housing area may be occupied by
   75  inmates or may be used for sleeping purposes as allowed in
   76  subsection (7). The sheriff or chief correctional officer shall
   77  provide that a reduced custody housing area shall be governed by
   78  fire and life safety standards which do not interfere with the
   79  normal use of the facility and which affect a reasonable degree
   80  of compliance with rules of the State Fire Marshal for
   81  correctional facilities.
   82         (c)(b) A county or municipal detention facility which
   83  stocks medicinal drugs in quantities other than individual
   84  prescriptions must obtain the services of a consultant
   85  pharmacist or dispensing physician and comply with the licensing
   86  requirements of chapter 465. A facility which has a valid
   87  license pursuant to chapter 465 shall have that part of its
   88  medical services relating to procedures for the safe handling
   89  and storage of medicinal drugs exempt from the inspection
   90  requirements of this section. A facility which maintains only
   91  individual prescriptions dispensed by a licensed pharmacist is
   92  not required to be licensed under chapter 465.
   93         Section 2. Section 951.2302, Florida Statutes, is created
   94  to read:
   95         951.2302Inspection of county and municipal detention
   96  facilities; penalties for noncompliance with jail standards.—
   97         (1)DEFINITIONS.—As used in this section, the term:
   98         (a)“Detention facility” includes a county detention
   99  facility and a municipal detention facility as those terms are
  100  defined in s. 951.23(1)(a) and (d) respectively.
  101         (b)“Jail standards” means the Florida Model Jail Standards
  102  established by the working group.
  103         (c)“Notable violation” means any violation of the jail
  104  standards that is not a serious violation.
  105         (d)“Serious violation” means any violation of the jail
  106  standards or other conditions or practices that appear to pose a
  107  substantial and immediate danger to the life, health, or safety
  108  of one or more inmates or employees.
  109         (e)“Working group” means the Florida Model Jail Standards
  110  Working Group as provided in s. 951.23(4)(a).
  111         (2)VIOLATIONS CRITERIA.–The jail standards must identify
  112  those standards or conditions for which noncompliance by a
  113  detention facility is a serious violation or a notable
  114  violation.
  115         (3)TYPE AND FREQUENCY OF INSPECTIONS.—The jail standards
  116  must require that each detention facility be inspected, at a
  117  minimum, twice annually for compliance with the jail standards
  118  as provided in paragraphs (a) and (b). Each inspection must
  119  occur at least 120 days apart. A detention facility may not
  120  refuse to be inspected or prevent access to the detention
  121  facility.
  122         (a)One inspection must include an inspection for
  123  compliance with all jail standards. A detention facility must be
  124  provided reasonable advance notice of the date on which this
  125  inspection will occur.
  126         (b)One inspection must include an inspection for serious
  127  violations only. This inspection must be an unannounced
  128  inspection, with no advance notice provided to a detention
  129  facility.
  130         (4)REINSPECTIONS.—
  131         (a)If an inspection finds a detention facility to be
  132  noncompliant with the jail standards for a notable violation,
  133  the detention facility must correct the noncompliance within 30
  134  days and must be reinspected within 10 days after the 30-day
  135  correction period, or upon the detention facility notifying the
  136  working group that it has corrected its noncompliance, whichever
  137  is earlier. If upon reinspection the detention facility is still
  138  found to be noncompliant, the detention facility must correct
  139  the noncompliance within 15 days and must have a second
  140  reinspection within 48 hours thereafter.
  141         (b)If an inspection finds a detention facility to be
  142  noncompliant with the jail standards for a serious violation,
  143  the detention facility must correct the noncompliance within 24
  144  hours and must be reinspected within 48 hours after the
  145  violation was first observed. This paragraph does not prevent
  146  reinspection from occurring before the expiration of the 24-hour
  147  period if a detention facility notifies the working group that
  148  it has cured the noncompliance before such time.
  149         (5)PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.—
  150         (a)If an inspection reveals that a detention facility is
  151  noncompliant with the jail standards for a notable violation,
  152  and the noncompliance is not corrected as provided in paragraph
  153  (4)(a), the detention facility must pay into the detention
  154  facility’s inmate welfare fund the following amounts for each
  155  day the detention facility is noncompliant with the jail
  156  standards:
  157         1.$500 per day for the 31st day through the 60th day of
  158  noncompliance.
  159         2.$1,000 per day for the 61st day through the 90th day of
  160  noncompliance.
  161         3.$2,000 per day for the 91st day and all remaining days
  162  the detention facility is not in compliance.
  163         (b)If a detention facility fails to correct a serious
  164  violation as required in paragraph (4)(b), the detention
  165  facility must pay into the detention facility’s inmate welfare
  166  fund $2,000 per day until the serious violation has been
  167  corrected.
  168         (c)1.In addition to the penalties set forth in paragraphs
  169  (a) and (b), if a second reinspection for a notable violation or
  170  a reinspection for a serious violation reveals that a detention
  171  facility is noncompliant with the jail standards, the detention
  172  facility must cease operations as a detention facility within 14
  173  days and must contract with one or more other detention
  174  facilities to house the noncompliant facility’s inmates until
  175  such time as the facility is determined to be in compliance with
  176  the jail standards.
  177         2.The 14-day time period shall commence upon the
  178  expiration of an appeal process to be specified in the jail
  179  standards, with the detention facility failing to file a timely
  180  appeal, or upon the conclusion of the appeal process specified
  181  in the jail standards, with a denial of the appeal resulting in
  182  a finding that the detention facility is noncompliant with the
  183  jail standards.
  184         3.The receiving detention facility or detention facilities
  185  must be in compliance with the jail standards in order to house
  186  the noncompliant detention facility’s inmates.
  187         4.If a detention facility consists of separate detention
  188  campuses, only the campus determined to be noncompliant with the
  189  jail standards must cease operations as provided in this
  190  paragraph.
  191         5.The noncompliant detention facility is responsible for
  192  the costs accrued by another detention facility or detention
  193  facilities for housing the noncompliant detention facility’s
  194  inmates.
  195         6.This paragraph may not be deemed to limit or prevent any
  196  other remedies or causes of action against a detention facility
  197  or an entity that operates a detention facility which may be
  198  brought under any other law, ordinance, or rule.
  199         (d)If any person in charge of a detention facility refuses
  200  to provide access to the detention facility or allow an
  201  inspection of the detention facility, the person’s salary must
  202  be withheld for each day he or she refuses such inspection or
  203  access, and the amount withheld must be deposited into the
  204  detention facility’s inmate welfare fund. This paragraph applies
  205  regardless of whether the person refusing to allow the
  206  inspection or refusing access to the detention facility is
  207  elected, appointed, or an employee of a county, a city, or any
  208  other political subdivision of the state.
  209  
  210  ================= T I T L E  A M E N D M E N T ================
  211  And the title is amended as follows:
  212         Delete lines 6 - 21
  213  and insert:
  214         Florida Model Jail Standards Working Group; providing
  215         the working group’s membership; specifying that each
  216         entity that operates a municipal or county detention
  217         facility shall adopt the Florida Model Jail Standards
  218         approved by the working group; specifying minimum
  219         standards for the working group; creating s. 951.2302,
  220         F.S.; defining terms; requiring the jail standards to
  221         include criteria and standards for what actions result
  222         in serious violations and notable violations;
  223         specifying that the jail standards must require that
  224         each county detention facility and municipal detention
  225         facility be inspected, at a minimum, twice annually;
  226         prohibiting any person in charge of a county detention
  227         facility or municipal detention facility from refusing
  228         to be inspected or refusing access to inspectors;
  229         providing