Read the full stored bill text
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.—
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(1)
The Legislature finds that the protection of the
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health, safety, welfare, and rights of persons who are
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incarcerated within the state correctional system is a matter of
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urgent public concern. Current law does not provide adequate and
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independent oversight of the Department of Corrections to ensure
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accountability, monitor conditions of confinement, and
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investigate complaints. It is appropriate and necessary to
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create an independent entity as a unit of the legislative branch
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of state government in order to restore public trust in the
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department.
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(2)
As used in this section, the term:
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(a)
“Committee” means the Corrections Oversight Committee.
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(b)
“Correctional facility” means a state correctional
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institution or contractor-operated correctional facility.
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(c)
“Department” means the Department of Corrections.
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(d)
“Office” means the Office of the Corrections Ombudsman.
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(e)
“Ombudsman” means the Corrections Ombudsman.
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(3) The Office of the Corrections Ombudsman is created as a
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unit of the legislative branch of state government. The office
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is independent of the Department of Corrections and reports
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directly to the Legislature. The office shall be headed by the
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Corrections Ombudsman. The office may hire staff and use
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volunteers as necessary to perform its duties. The office shall
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do all of the following:
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(a)
Receive, track, investigate, and attempt to resolve
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complaints concerning correctional facilities made by or on
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behalf of incarcerated persons, supporters of incarcerated
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persons, and the public.
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(b)
Monitor and evaluate the conditions of confinement and
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the treatment of incarcerated persons in correctional
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facilities. The office may inspect such facilities at any time,
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but must inspect each facility at least once each year.
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(c)
Collect and analyze data relating to serious incidents,
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violence, and deaths that occur in correctional facilities.
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(d)
Make recommendations to the department and Legislature
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which identify solutions to systemic problems, as well as policy
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changes and corrective actions necessary to protect the health,
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safety, welfare, and rights of incarcerated persons.
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(e)
Provide information, as appropriate, to incarcerated
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persons, supporters of incarcerated persons, and the public
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about the rights of incarcerated persons and the services of the
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office.
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(4)
The Legislature shall appoint the Ombudsman to a 5-year
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term by a majority vote and may only remove the Ombudsman by a
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majority vote. The Ombudsman may be reappointed for a 5-year
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term. The Ombudsman:
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(a)
Must have knowledge and experience in corrections and
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human rights.
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(b)
May not have worked for the department in the 10 years
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preceding his or her appointment.
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(c)
May not have a family member who has worked for the
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department in the 10 years preceding his or her appointment.
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(5)(a)
On or before January 1, 2027, the Legislature shall
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establish a Corrections Oversight Committee composed of 15
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voting members. The committee shall meet quarterly to advise,
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assist, and provide guidance to the Ombudsman; however, the
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Ombudsman is not required to accept such advice, assistance, or
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guidance.
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(b)
Four members of the Legislature shall be appointed to
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the committee. The Senate Committee on Rules shall appoint two
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members of the Senate who are not members of the same political
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party, and the Speaker of the House of Representatives shall
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appoint two members of the House of Representatives who are not
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members of the same political party.
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(c)
The legislative members appointed pursuant to paragraph
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(b) shall appoint the remaining 11 members of the committee and
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must include at least one:
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1.
Licensed physician.
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2.
Licensed mental or behavioral health professional.
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3.
Educator.
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4.
Member of the clergy.
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5.
Former administrative employee of the department.
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6.
Man who is a citizen of the United States and was
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formerly incarcerated in a correctional facility for a term of
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imprisonment of 3 or more years within the 10 years preceding
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his appointment.
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7.
Woman who is a citizen of the United States and was
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formerly incarcerated in a correctional facility for a term of
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imprisonment of 3 or more years within the 10 years preceding
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her appointment.
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8.
Family member of a person who is incarcerated in a
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correctional facility at the time of the family member’s
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appointment.
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9.
Representative of a nonprofit prisoner advocacy group.
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10.
Person with a background in data analysis.
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11.
Person with experience in inmate reentry services.
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(d)
Each committee member shall be appointed to a 3-year
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term. However, for the purpose of achieving staggered terms, the
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members initially appointed under subparagraphs (c)6.-11. shall
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each serve a 2-year term. All subsequent appointments shall be
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for 3-year terms. Any vacancy must be filled in the same manner
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as the original appointment for the remainder of the unexpired
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term.
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(6)
The department shall provide the Ombudsman and
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committee members with immediate access to correctional
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facilities, staff members of such facilities, persons
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incarcerated in such facilities, and records of such facilities
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which the Ombudsman or committee members determine are needed to
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carry out the duties of the office. The Ombudsman and committee
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members may access any correctional facility at any time,
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unannounced, and speak confidentially with any incarcerated
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person or staff member.
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(7)
Written correspondence between an incarcerated person
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and the office, including the Ombudsman or a committee member,
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is privileged mail under rule 33-210.103, Florida Administrative
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Code.
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(8)
The decision, or failure, to file a complaint with the
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office does not impact the inmate grievance procedure
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established under s. 944.331.
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(9)
The office is not required to investigate every
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complaint or process complaints in the order received.
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(10)
Beginning December 1, 2027, the office shall submit an
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annual report to the President of the Senate and the Speaker of
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the House of Representatives which summarizes the activities,
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findings, and recommendations of the office.
152 Section 2.
For the 2026-2027 fiscal year, the sum of
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$250,000 in recurring funds is appropriated from the General
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Revenue Fund to the Office of the Corrections Ombudsman for the
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purposes of implementing and administering this act.
156 Section 3. This act shall take effect July 1, 2026.