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:
20 944.31 Inspector 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 general’s 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.