Florida Senate - 2026 SB 1160
By Senator Rodriguez
40-00440-26 20261160__
1 A bill to be entitled
2 An act relating to the Office of the Corrections
3 Ombudsman; creating s. 11.92, F.S.; providing
4 legislative findings; providing definitions; creating
5 the Office of the Corrections Ombudsman within the
6 legislative branch; providing for staff; specifying
7 the duties of the office; providing for the
8 appointment of a Corrections Ombudsman; requiring that
9 the Ombudsman meet certain criteria; requiring the
10 Legislature to establish a Corrections Oversight
11 Committee on or before a certain date; providing
12 duties and membership of the committee; requiring the
13 Department of Corrections to provide the Ombudsman and
14 committee members with access to certain department
15 facilities and records; authorizing the Ombudsman and
16 committee members access to such facilities
17 unannounced; requiring confidentiality of in-person
18 communications between incarcerated persons or
19 facility staff members and the Ombudsman or a
20 committee member; providing that correspondence
21 between an incarcerated person and the office is
22 privileged; providing that the decision, or failure,
23 to file a complaint with the office does not impact
24 the inmate grievance procedure; providing that the
25 office need not investigate or process complaints in
26 the order received; requiring the office to submit to
27 the President of the Senate and Speaker of the House
28 of Representatives a specified report annually;
29 providing an appropriation; providing an effective
30 date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 11.92, Florida Statutes, is created to
35 read:
36 11.92 Office of the Corrections Ombudsman.—
37 (1) The Legislature finds that the protection of the
38 health, safety, welfare, and rights of persons who are
39 incarcerated within the state correctional system is a matter of
40 urgent public concern. Current law does not provide adequate and
41 independent oversight of the Department of Corrections to ensure
42 accountability, monitor conditions of confinement, and
43 investigate complaints. It is appropriate and necessary to
44 create an independent entity as a unit of the legislative branch
45 of state government in order to restore public trust in the
46 department.
47 (2) As used in this section, the term:
48 (a) “Committee” means the Corrections Oversight Committee.
49 (b) “Correctional facility” means a state correctional
50 institution or contractor-operated correctional facility.
51 (c) “Department” means the Department of Corrections.
52 (d) “Office” means the Office of the Corrections Ombudsman.
53 (e) “Ombudsman” means the Corrections Ombudsman.
54 (3) The Office of the Corrections Ombudsman is created as a
55 unit of the legislative branch of state government. The office
56 is independent of the Department of Corrections and reports
57 directly to the Legislature. The office shall be headed by the
58 Corrections Ombudsman. The office may hire staff and use
59 volunteers as necessary to perform its duties. The office shall
60 do all of the following:
61 (a) Receive, track, investigate, and attempt to resolve
62 complaints concerning correctional facilities made by or on
63 behalf of incarcerated persons, supporters of incarcerated
64 persons, and the public.
65 (b) Monitor and evaluate the conditions of confinement and
66 the treatment of incarcerated persons in correctional
67 facilities. The office may inspect such facilities at any time,
68 but must inspect each facility at least once each year.
69 (c) Collect and analyze data relating to serious incidents,
70 violence, and deaths that occur in correctional facilities.
71 (d) Make recommendations to the department and Legislature
72 which identify solutions to systemic problems, as well as policy
73 changes and corrective actions necessary to protect the health,
74 safety, welfare, and rights of incarcerated persons.
75 (e) Provide information, as appropriate, to incarcerated
76 persons, supporters of incarcerated persons, and the public
77 about the rights of incarcerated persons and the services of the
78 office.
79 (4) The Legislature shall appoint the Ombudsman to a 5-year
80 term by a majority vote and may only remove the Ombudsman by a
81 majority vote. The Ombudsman may be reappointed for a 5-year
82 term. The Ombudsman:
83 (a) Must have knowledge and experience in corrections and
84 human rights.
85 (b) May not have worked for the department in the 10 years
86 preceding his or her appointment.
87 (c) May not have a family member who has worked for the
88 department in the 10 years preceding his or her appointment.
89 (5)(a) On or before January 1, 2027, the Legislature shall
90 establish a Corrections Oversight Committee composed of 15
91 voting members. The committee shall meet quarterly to advise,
92 assist, and provide guidance to the Ombudsman; however, the
93 Ombudsman is not required to accept such advice, assistance, or
94 guidance.
95 (b) Four members of the Legislature shall be appointed to
96 the committee. The Senate Committee on Rules shall appoint two
97 members of the Senate who are not members of the same political
98 party, and the Speaker of the House of Representatives shall
99 appoint two members of the House of Representatives who are not
100 members of the same political party.
101 (c) The legislative members appointed pursuant to paragraph
102 (b) shall appoint the remaining 11 members of the committee and
103 must include at least one:
104 1. Licensed physician.
105 2. Licensed mental or behavioral health professional.
106 3. Educator.
107 4. Member of the clergy.
108 5. Former administrative employee of the department.
109 6. Man who is a citizen of the United States and was
110 formerly incarcerated in a correctional facility for a term of
111 imprisonment of 3 or more years within the 10 years preceding
112 his appointment.
113 7. Woman who is a citizen of the United States and was
114 formerly incarcerated in a correctional facility for a term of
115 imprisonment of 3 or more years within the 10 years preceding
116 her appointment.
117 8. Family member of a person who is incarcerated in a
118 correctional facility at the time of the family member’s
119 appointment.
120 9. Representative of a nonprofit prisoner advocacy group.
121 10. Person with a background in data analysis.
122 11. Person with experience in inmate reentry services.
123 (d) Each committee member shall be appointed to a 3-year
124 term. However, for the purpose of achieving staggered terms, the
125 members initially appointed under subparagraphs (c)6.-11. shall
126 each serve a 2-year term. All subsequent appointments shall be
127 for 3-year terms. Any vacancy must be filled in the same manner
128 as the original appointment for the remainder of the unexpired
129 term.
130 (6) The department shall provide the Ombudsman and
131 committee members with immediate access to correctional
132 facilities, staff members of such facilities, persons
133 incarcerated in such facilities, and records of such facilities
134 which the Ombudsman or committee members determine are needed to
135 carry out the duties of the office. The Ombudsman and committee
136 members may access any correctional facility at any time,
137 unannounced, and speak confidentially with any incarcerated
138 person or staff member.
139 (7) Written correspondence between an incarcerated person
140 and the office, including the Ombudsman or a committee member,
141 is privileged mail under rule 33-210.103, Florida Administrative
142 Code.
143 (8) The decision, or failure, to file a complaint with the
144 office does not impact the inmate grievance procedure
145 established under s. 944.331.
146 (9) The office is not required to investigate every
147 complaint or process complaints in the order received.
148 (10) Beginning December 1, 2027, the office shall submit an
149 annual report to the President of the Senate and the Speaker of
150 the House of Representatives which summarizes the activities,
151 findings, and recommendations of the office.
152 Section 2. For the 2026-2027 fiscal year, the sum of
153 $250,000 in recurring funds is appropriated from the General
154 Revenue Fund to the Office of the Corrections Ombudsman for the
155 purposes of implementing and administering this act.
156 Section 3. This act shall take effect July 1, 2026.