(1) DEFINITIONS. As used in this section, the term:

(a) "County detention facility" means a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor.

(b) "County residential probation center" means a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences. Such facilities shall provide or contract for the provision of the programs established under s. 951.231.

(c) "County prisoner" means a person who is detained in a county detention facility by reason of being charged with or convicted of either felony or misdemeanor.

(d) "Municipal detention facility" means a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of violation of municipal laws or ordinances.

(e) "Municipal prisoner" means a person who is detained in a municipal detention facility by reason of being charged with or convicted of violation of municipal law or ordinance.

(f) "Reduced custody housing area" means that area of a county detention facility or municipal detention facility which is designed to hold a large number of prisoners in a dormitory or barracks-type setting. The area may or may not have a security exterior, limited access, or exterior walls constructed of canvas, cloth, or any material similarly flexible or woven, which is flame resistant and is supported by a structural frame of metal or similar durable material.

(2) COLLECTION OF INFORMATION. In conjunction with the administrators of county detention facilities, the Department of Corrections shall develop an instrument for the collection of information from the administrator of each county detention facility. Whenever possible, the information shall be transmitted by the administrator to the Department of Corrections electronically or in a computer readable format. The information shall be provided on a monthly basis and shall include, but is not limited to, the following:

(a) The number of persons housed per day who are: 1. Felons sentenced to cumulative sentences of incarceration of 364 days or less. 2. Felons sentenced to cumulative sentences of incarceration of 365 days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility.

(b) The number of persons housed per day, admitted per month, and housed on the last day of the month, by age, race, sex, country of citizenship, country of birth, and immigration status classified as one of the following: 1. Permanent legal resident of the United States. 2. Legal visitor. 3. Undocumented or illegal alien. 4. Unknown status.

(c) The number of persons housed per day: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services."

(d) The cost per day for housing a person in the county detention facility.

(e) The number of persons admitted per month, and the number of persons housed on the last day of the month, by age, race, and sex, who are: 1. Felons sentenced to cumulative sentences of incarceration of 364 days or less. 2. Felons sentenced to cumulative sentences of incarceration of 365 days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility.

(f) The number of persons admitted per month, by age, race, and sex: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services."

(3) ANALYSIS AND USE OF INFORMATION; LISTS OF CONSTRUCTION PLANS.

(a) The information shall be analyzed and evaluated by the Department of Corrections for comparisons of various categories between counties and for the provision of technical assistance to those counties which appear to have an exceedingly high average in any one category. Such assistance may include, but is not limited to, enhancement of existing pretrial intervention programs and state reimbursement for operational, renovation, or construction costs for county detention facilities.

(b) The Department of Corrections shall make available upon the request of the board of county commissioners a comprehensive listing of all construction plans submitted for approval subsequent to January 1, 1980, for all renovations, alterations, or new construction of county detention facilities for adults. Such listing shall include, but not be limited to, total construction costs, per-bed costs, inmate capacity, required staffing, basic description of the design, and contact person to obtain plans.

(4) REVIEW OF PLANS. All construction, renovation, alteration, or modification of inmate capacity of any county or municipal detention facility shall comply with the Department of Corrections' rules prescribing minimum design standards and requirements as provided by this section. Prior to any such construction or modification, the governmental entity seeking to construct or modify a detention facility shall provide the plans and other information, as required by rule, to the Department of Corrections. Upon receipt of the prescribed information, the department shall complete its review of the proposed plans within 60 days and indicate whether the plans meet, or exceed, the minimum design standards and requirements. Upon approval of the plans, the department shall issue a certificate of compliance to the governmental entity submitting the plans. All construction, renovation, alteration, or modification of inmate capacity of detention facilities shall commence only upon the issuance of such certificate of compliance.

(5) RULES PRESCRIBING STANDARDS AND REQUIREMENTS.

(a) The Department of Corrections shall adopt rules prescribing minimum standards consistent with decisions of the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court, the standards prescribed in this section, or good corrections practices based on recommendation of the Jail Standards Committee with reference to: 1. The construction, equipping, maintenance, and operation of county and municipal detention facilities. 2. a. The cleanliness and sanitation of county and municipal detention facilities; the number of county and municipal prisoners who may be housed therein per specified unit of floor space; the quality, quantity, and supply of bedding furnished to such prisoners; the quality, quantity, and diversity of food served to them and the manner in which it is served; the furnishing to them of medical attention and health and comfort items; and the disciplinary treatment which may be meted out to them. b. Notwithstanding the provisions of this subsection, if any federal court for the district in which a county or municipal detention facility is located establishes an inmate population limit higher than the number prescribed for that facility by the Department of Corrections, the higher number established by the federal district court shall prevail. 3. The confinement, by a sheriff or other chief correctional officer of any county or municipal detention facility in which an inmate population limit has been established by a court for the federal district or state circuit in which such facility is located, of inmates in a reduced custody housing area for so long as the number of inmates confined exceeds the established inmate population capacity. Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (8). The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for correctional facilities. 4. The confinement of prisoners by classification, such rules being established with the participation of local detention units and the final approval of the Department of Corrections and providing, whenever possible, for classifications which separate males from females, juveniles from adults, felons from misdemeanants, and those awaiting trial from those convicted and, in addition, providing for the separation of special risk prisoners, such as the mentally ill, alcohol or narcotic addicts, sex deviates, suicide risks, and any other classification which the local unit and the department may deem necessary for the safety of the prisoners and the operation of the facility pursuant to degree of risk and danger criteria. Nondangerous felons may be housed with misdemeanants provided there is written documentation by the sheriff or chief correctional officer as to why the felon is considered nondangerous.

(b) A county or municipal detention facility for adults may house two prisoners in a single cell of 63 square feet or more, provided: 1. Prisoners are permitted out of the single cell a minimum of 10 hours per day to a day room, dining area, exercise area, or other area approved by the department for inmate occupancy. 2. Neither prisoner is classified as dangerous or special risk. 3. Both prisoners are similarly classified. 4. The combined bed space does not exceed 22 square feet of floor space. 5. Additional staff, as determined by the department, is provided for the supervision of the prisoners. 6. The facility is otherwise in compliance with security, housing, food, medical, clothing, and sanitation standards as prescribed by the department.

(c) Two-story facilities with a total authorized population capacity of less than 30 need not have an officer on the second story at all times, provided that an officer is within aural contact with all prisoners at all times, or within visual contact with all inmates at least once per hour, and is available for immediate response to emergency situations.

(d) A county or municipal detention facility which stocks medicinal drugs in quantities other than individual prescriptions must obtain the services of a consultant pharmacist or dispensing physician and comply with the licensing requirements of chapter 465. A facility which has a valid license pursuant to chapter 465 shall have that part of its medical services relating to procedures for the safe handling and storage of medicinal drugs exempt from the inspection requirements of this section. A facility which maintains only individual prescriptions dispensed by a licensed pharmacist is not required to be licensed under chapter 465 and is not exempt from the inspection requirements pursuant to paragraph (6)(b). The Department of Corrections, in cooperation with the Board of Pharmacy, shall adopt rules relating to procedures for the safe handling and storage of individual prescriptions of medicinal drugs.

(e) Within the department, there is established the Jail Standards Committee composed of the secretary of the department or his designee and seven members appointed by the secretary, of which two members are employees of the department; two members represent the Florida Sheriffs Association; one member represents the jail administrators; one member represents the Florida Association of Counties; and one member shall be a citizen of the state knowledgeable about the county jail system. The secretary or his designee shall serve as the chair of the committee. The Jail Standards Committee shall recommend to the department minimum standards as provided in this section for the construction, operation, and inspection of county and municipal detention facilities.

(6) ENFORCEMENT BY DEPARTMENT OF CORRECTIONS.

(a) The Department of Corrections shall enforce rules prescribing minimum standards for county and municipal detention facilities and shall designate personnel of the department or outside contractors to inspect all county and municipal detention facilities in order to determine whether such standards and requirements are being met. The Jail Standards Committee may review jail inspection reports, if requested by the sheriff or chief correctional officer, to determine whether standards are consistently applied. A sheriff or chief correctional officer may seek a determination of the applicability of the standards from the committee. The committee's determination must be published and circulated to all sheriffs and chief correctional officers. The department may bring an action to enforce the standards for county and municipal detention facilities. Upon complaint filed by the department in circuit court, an injunction may be entered prohibiting the confinement of any county or municipal prisoner in any county or municipal detention facility that does not meet the standards or that imposes a threat to the health and safety of inmates in the facility.

(b) The Department of Corrections shall contract with health care providers working under the direct supervision of licensed physicians to perform comprehensive and exacting medical inspections of inmate health care in all county and municipal detention facilities. Such inspections must be conducted at least twice annually.

(c) The managing body of the county or municipal detention facility shall contract for the firesafety inspections of such facilities. The inspections must be performed by personnel certified by the State Fire Marshal's office as firesafety inspectors and must be performed at least once annually.

(7) REMOVAL OF PRISONERS TO ANOTHER COUNTY OR MUNICIPALITY.

(a) If the department finds that county or municipal prisoners are detained in any county or municipal detention facility which does not meet such standards and requirements, the department may so certify to the circuit court, and thereupon the court shall order the prisoners, or any part of them, removed to and confined in a county or municipal detention facility which does meet such standards and requirements, whether it is in the same county or municipality or in some other county or municipality.

(b) The expense of maintaining prisoners removed to another county or municipality under the provisions of paragraph (a) shall be borne by the county or municipality from which they are removed.

(c) Promptly upon the making of any order authorized by paragraph (a), copies thereof shall be sent to the officer in charge of the county or municipal detention facility from which the county or municipal prisoners affected by such order are required to be removed, to the board of county commissioners of the county or the city commissioners of the municipality in which such county or municipal detention facility is situated, and to the officer in charge of the county or municipal detention facility to which they are required to be removed. If the order requires the removal of county or municipal prisoners to a county or municipal detention facility in another county or municipality, a copy thereof shall also be promptly sent to the board of county commissioners of the county, or the city commissioners of the municipality, in which it is situated.

(8) USE OF REDUCED CUSTODY HOUSING AREA. Any county detention facility or municipal detention facility may provide for the custody on a temporary basis in a reduced custody housing area of sentenced or unsentenced misdemeanants, nondangerous felons, or such other inmates who are determined by the sheriff or other chief correctional officer to not present a risk of escape or a threat to the staff, other inmates, or themselves. However, an inmate may not be confined in a reduced custody housing area for more than 90 consecutive days.