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The Florida Statutes

The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 951
COUNTY AND MUNICIPAL PRISONERS
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F.S. 951.2302
951.2302 Inspection of county and municipal detention facilities; penalties for noncompliance with jail standards.
(1) DEFINITIONS.As used in this section, the term:
(a) “Detention facility” includes a county detention facility and a municipal detention facility as those terms are defined in s. 951.23.
(b) “Jail standards” means the Florida Model Jail Standards established by the working group.
(c) “Notable violation” means any violation of the jail standards which is not a serious violation.
(d) “Serious violation” means any violation of the jail standards or other conditions or practices which appears to pose a substantial and immediate danger to the life, health, or safety of one or more inmates or employees.
(e) “Working group” means the Florida Model Jail Standards Working Group as provided in s. 951.23(4)(a).
(2) VIOLATIONS CRITERIA.The jail standards must identify those standards or conditions for which noncompliance by a detention facility is a serious violation or a notable violation.
(3) TYPE AND FREQUENCY OF INSPECTIONS.The jail standards must require that each detention facility be inspected, at a minimum, twice annually for compliance with the jail standards as provided in paragraphs (a) and (b). Each inspection must occur at least 120 days apart. A detention facility may not refuse to be inspected or prevent access to the detention facility.
(a) One inspection must include an inspection for compliance with all jail standards. A detention facility must be provided reasonable advance notice of the date on which this inspection will occur.
(b) One inspection must include an inspection for serious violations only. This inspection must be an unannounced inspection, with no advance notice provided to a detention facility.
(4) REINSPECTIONS.
(a) If an inspection finds a detention facility to be noncompliant with the jail standards for a notable violation, the detention facility must correct the noncompliance within 30 days and must be reinspected within 10 days after the 30-day correction period, or upon the detention facility notifying the working group that it has corrected its noncompliance, whichever is earlier. If upon reinspection the detention facility is still found to be noncompliant, the detention facility must correct the noncompliance within 15 days and must have a second reinspection within 48 hours thereafter.
(b) If an inspection finds a detention facility to be noncompliant with the jail standards for a serious violation, the detention facility must correct the noncompliance within 24 hours and must be reinspected within 48 hours after the violation was first observed. This paragraph does not prevent reinspection from occurring before the expiration of the 24-hour period if a detention facility notifies the working group that it has cured the noncompliance before such time.
(5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.
(a) If an inspection reveals that a detention facility is noncompliant with the jail standards for a notable violation, and the noncompliance is not corrected as provided in paragraph (4)(a), the detention facility must pay into the detention facility’s inmate welfare fund the following amounts for each day the detention facility is noncompliant with the jail standards:
1. Five hundred dollars per day for the 31st day through the 60th day of noncompliance.
2. One thousand dollars per day for the 61st day through the 90th day of noncompliance.
3. Two thousand dollars per day for the 91st day and all remaining days the detention facility is not in compliance.
(b) If a detention facility fails to correct a serious violation as required in paragraph (4)(b), the detention facility must pay into the detention facility’s inmate welfare fund $2,000 per day until the serious violation has been corrected.
(c)1. In addition to the penalties set forth in paragraphs (a) and (b), if a second reinspection for a notable violation or a reinspection for a serious violation reveals that a detention facility is noncompliant with the jail standards, the detention facility must cease operations as a detention facility within 14 days and must contract with one or more other detention facilities to house the noncompliant facility’s inmates until such time as the facility is determined to be in compliance with the jail standards.
2. The 14-day time period shall commence upon the expiration of an appeal process to be specified in the jail standards, with the detention facility failing to file a timely appeal, or upon the conclusion of the appeal process specified in the jail standards, with a denial of the appeal resulting in a finding that the detention facility is noncompliant with the jail standards.
3. The receiving detention facility or detention facilities must be in compliance with the jail standards in order to house the noncompliant detention facility’s inmates.
4. If a detention facility consists of separate detention campuses, only the campus determined to be noncompliant with the jail standards must cease operations as provided in this paragraph.
5. The noncompliant detention facility is responsible for the costs accrued by another detention facility or detention facilities for housing the noncompliant detention facility’s inmates.
6. This paragraph may not be deemed to limit or prevent any other remedies or causes of action against a detention facility or an entity that operates a detention facility which may be brought under any other law, ordinance, or rule.
(d) If any person in charge of a detention facility refuses to provide access to the detention facility or allow an inspection of the detention facility, the person’s salary must be withheld for each day he or she refuses such inspection or access, and the amount withheld must be deposited into the detention facility’s inmate welfare fund. This paragraph applies regardless of whether the person refusing to allow the inspection or refusing access to the detention facility is elected, appointed, or an employee of a county, a city, or any other political subdivision of this state.
History.s. 2, ch. 2022-108.