Read the full stored bill text
Florida Senate
-
2026
SB 1710
By
Senator Smith
17-00773-26 20261710__
1 A bill to be entitled
2 An act relating to the Office of the Department of
3 Corrections Ombudsperson; creating s. 944.101, F.S.;
4 defining terms; creating the Office of the Department
5 of Corrections Ombudsperson within the Department of
6 Corrections; providing duties for the office;
7 specifying that the office is directed by the
8 Ombudsperson; requiring that the Ombudsperson be
9 selected by the Corrections Oversight Committee;
10 specifying the authority and duties of the
11 Ombudsperson; establishing the Corrections Oversight
12 Committee; providing for membership, appointment, and
13 terms of committee members; specifying that committee
14 members are not eligible for compensation but are
15 eligible for reimbursement of per diem and travel
16 expenses; requiring the committee to announce
17 Ombudsperson nominees publicly; requiring the
18 committee to hold quarterly meetings and at least one
19 annual public hearing; providing powers and duties of
20 the committee; requiring that the office have access
21 to department facilities for specified purposes;
22 providing powers and duties of the office; authorizing
23 the office to subpoena department records, employees,
24 or contractors; providing that specified
25 correspondence and communications are confidential and
26 privileged; requiring the office to conduct periodic
27 inspections of department facilities; requiring the
28 office to produce a report upon completion of an
29 inspection, make it available to the public, and
30 submit it to the Governor, the Legislature, and the
31 department; providing report requirements; requiring
32 that facilities inspected by the office be assigned a
33 safety and compliance classification; requiring the
34 department to respond, within a specified timeframe,
35 to each office inspection report; authorizing the
36 office to investigate complaints on specified matters;
37 authorizing the office to decline to investigate
38 complaints; prohibiting the office from investigating
39 complaints on specified matters; prohibiting the
40 office from levying fees; prohibiting the department
41 or its employees or contractors from terminating,
42 retaliating against, or discriminating against a
43 person who files a complaint; requiring the office to
44 produce an annual report by a specified date and make
45 it publicly available on its website and submit it to
46 the Governor, the Attorney General, the Legislature,
47 and the department; providing report requirements;
48 authorizing the department and the office to adopt
49 rules; creating s. 944.102, F.S.; defining terms;
50 requiring the office to create an electronic family
51 form and make it available on the office’s public
52 website for a specified purpose; requiring the office
53 to create an incarcerated person advocacy and support
54 services form; providing requirements relating to
55 making the form accessible to incarcerated persons;
56 providing for confidentiality and privilege of the
57 forms; providing office requirements relating to the
58 forms; requiring the office to create telephone
59 hotlines for specified purposes; providing office
60 requirements regarding the hotlines; prohibiting the
61 department and its employees and contractors from
62 terminating, retaliating against, or discriminating
63 against a person for filing a complaint or inquiry;
64 providing for redress of violations; authorizing the
65 department and the office to adopt rules; providing an
66 appropriation; providing effective dates.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Effective January 1, 2027, section 944.101,
71 Florida Statutes, is created to read:
72
944.101 Office of the Department of Corrections
73
Ombudsperson.—
74
(1)
As used in this section, the term
:
75
(
a
)
“Family member” includes a grandparent, a parent, a
76
sibling, a spouse or domestic partner, a child, an aunt, an
77
uncle, a cousin,
a niece, a nephew, a grandchild, or any other
78
person related to an incarcerated person by blood, adoption,
79
marriage, or a fostering relationship.
80
(b)
“
O
ffice” means the Office of the Department of
81
Corrections Ombudsperson.
82
(2)
The Office of the Department of Corrections
83
Ombudsperson is created within the department.
84
(a)
The office shall
be composed
of the following sections:
85
1.
The Inspections Section
.
86
2.
The Complaints Investigation Section.
87
(
b
)
The office shall:
88
1.
Provide information, as appropriate, to incarcerated
89
persons, family members, representatives of incarcerated
90
persons, department employees and contractors, and others
91
regarding the rights of incarcerated persons;
92
2.
Monitor conditions of confinement and assess department
93
compliance with applicable federal, state, and local rules,
94
regulations, policies, and best practices as they relate to the
95
health, safety, welfare, and rehabilitation of incarcerated
96
persons;
97
3.
Provide technical assistance to support incarcerated
98
persons in self
-
advocacy;
99
4.
Provide technical assistance to local governments in the
100
creation of jail oversight bodies, as requested;
101
5.
Establish a statewide uniform reporting system to
102
collect and analyze data related to complaints received by the
103
department, and data related to all of the following:
104
a
.
Deaths, suicides, and suicide attempts of incarcerated
105
persons while in custody;
106
b
.
Physical and sexual assaults of incarcerated persons
107
while in custody;
108
c
.
The number of
incarcerated
persons placed in
109
administrative segregation or solitary confinement, and the
110
duration of stays in such confinement;
111
d
.
The
number
of facility lockdowns lasting longer than 24
112
hours;
113
e
.
The number of staff vacancies at each facility;
114
f
.
The incarcerated
-
person
-
to
-
staff ratios at each
115
facility;
116
g
.
The staff tenure and turnover;
117
h
.
The numbers of in-person visits to incarcerated persons
118
which
were
granted
and denied at each facility;
119
i
.
The types of programming
,
with data disaggregated by
120
program
,
relating to participation, waiting lists, and
121
exclusionary or inclusionary factors;
122
j
.
The number of contraband items confiscated and the types
123
of contraband confiscated;
and
124
k
.
Demographic data on the prison population
,
disaggregated
125
by race, ethnicity, gender, and age
;
126
6.
Establish procedures to gather stakeholder input into
127
the office’s activities and priorities, which must include, at a
128
minimum, an annual 30-day period for receipt of, and office
129
response to, public comment;
130
7.
Inspect each department facility at least once every
3
131
years, and at least once each year for each maximum security
132
facility and each facility where the office has found cause for
133
more frequent inspection or monitoring; and
134
8.
Publicly issue periodic facility inspection reports
;
an
135
annual report with recommendations on the state of department
136
facilities and a summary of data and recommendations arising
137
from any complaints investigated and resolved pursuant to this
138
section or s. 944.102
;
and any other thematic reports covering
139
any topic the
o
ffice finds relevant to running a safe, secure,
140
and humane corrections department.
141
(c)
The office is directed by
the
Ombudsperson, who must be
142
selected by the Corrections Oversight Committee and serves a
143
term of
6
years, during which the Ombudsperson may be removed
144
only by the Governor and only for good cause. The Ombudsperson
145
may not be a current or former employee or contractor of the
146
department, and the Ombudsperson’s spouse or domestic partner,
147
parents, grandparents, children, or siblings may not be current
148
employees or contractors of the department.
149
(d)
The Ombudsperson has the authority:
150
1.
To hire staff, contractors, and unpaid volunteers and to
151
secure office space, equipment, and other services necessary to
152
carry out the duties of the office pursuant to this section and
153
s. 944.102. Any employee, contractor, or unpaid volunteer hired
154
or retained by the
o
ffice has the same authority and powers of
155
the office as described in this section and s. 944.102; and
156
2.
To contract with experts as needed to assist in the
157
monitoring and inspection of facilities, in the assessment of
158
data, and in the review, investigation, or resolution of
159
complaints.
160
(e)
A staff member,
an
expert, or
a
volunteer hired by the
161
Ombudsperson has the same authority and duties of the office as
162
described in this section.
To avoid conflicts of interest around
163
particular topics or facilities, the Ombudsperson shall develop
164
a recusal process for staff and volunteers who have been
165
department employees or contractors in the last 5 years or whose
166
parents, children, spouses, or domestic partners are current
167
department employees or contractors.
A staff member or volunteer
168
hired by the Ombudsperson may not be a current employee or
169
contractor of the department.
170
(f)
The Ombudsperson shall coordinate and collaborate with
171
other state agencies and entities, including, but not limited
172
to, the
department’s
inspector
general
or
the
A
uditor
G
eneral,
173
mandated protection and advocacy organizations, and safety and
174
environmental entities.
175
(g)
The Ombudsperson shall manage all appropriations and
176
funding of the office
.
177
(3)
There is established a Corrections Oversight Committee,
178
composed
of:
179
(a)
Two members appointed by the President of the Senate
180
who are not members of the same political party. The President
181
of the Senate shall select one of the two members to serve as
182
co-chair.
183
(b)
Two members appointed by the Speaker of the House of
184
Representatives who are not members of the same political party.
185
The Speaker of the House of Representatives shall select one of
186
the two members to serve as co-chair.
187
(c)
The following members, appointed by the Governor:
188
1.
One representative of a prisoner advocacy organization.
189
2.
One representative of an organization that provides
190
training or rehabilitation programs for incarcerated persons.
191
3.
One man who was formerly incarcerated in a facility of
192
the department.
193
4.
One woman who was formerly incarcerated in a facility of
194
the department.
195
5.
One physician, currently licensed or retired, with
196
experience in family medicine or internal medicine.
197
6.
One mental or behavioral health professional, currently
198
licensed or retired, who has a history of providing mental
199
health services or counseling to adults.
200
7.
One person who is a grandparent, parent, child, sibling,
201
or spouse or domestic partner of a person currently incarcerated
202
in a department facility.
203
8.
One person who was formerly employed as a correctional
204
employee in this state or any other state.
205
(d)
Members of the committee shall serve for terms of 3
206
years
.
The
G
overnor shall make all subsequent appointments.
207
(e)
A member of th
e
committee may not be a current employee
208
or contractor of the department.
T
o avoid conflicts of interest
209
around particular topics, facilities, or nominees
,
t
he committee
210
shall develop a recusal process for members
who have been
211
employee
s
or contractor
s
in the previous 5 years
or whose
212
parent, child, spouse, or domestic partner
is
current
ly
a
213
department employee or contractor. With the exception of the
214
members in subparagraphs (c)2. and 8., a committee member may
215
not have been an employee or
a
contractor of the department at
216
any time during the 5 years immediately before his or her
217
appointment to the committee.
218
(f)
The committee shall meet
upon the call of the co-chairs
219
or the majority of the members or
whenever there is a vacancy in
220
the Ombudsperson position.
221
(g)
Committee members are not eligible to receive
222
compensation but are eligible for reimbursement
for per diem and
223
travel expenses
.
224
(h)
The committee shall announce the Ombudsperson nominee
225
publicly and vote to appoint the nominee after holding a public
226
hearing, during which the committee
shall
hear and consider oral
227
or written testimony from the Ombudsperson nominee, any
228
witnesses the Ombudsperson nominee presents on his or her
229
behalf, and any members of the public. The Ombudsperson
nominee
230
shall take office upon a majority vote of the committee in his
231
or her favor. In the event of a vacancy, the committee
shall
232
announce a nominee within 6 months after resignation, removal,
233
or expiration of term of
the
sitting Ombudsperson.
234
(i)
The committee
shall
hold at least one public hearing
235
each year to present, review, and discuss the office’s
236
inspections, findings, reports, and recommendations set forth in
237
the office’s annual report and shall hold quarterly public
238
hearings to present, review, and discuss any other data,
239
reports, or findings of the office
which
the committee feels are
240
relevant. At such hearings, the committee may solicit and
241
receive written or oral testimony from experts, members of the
242
community, the office, or the department.
243
(j)
The committee may, in its discretion or upon request
244
from the office, issue findings, recommendations, and policy and
245
legislative proposals that must be provided to the department,
246
the G
overnor, and
the
judiciary committees of each house of the
247
L
egislature and made available to the public on the office’s
248
website.
249
(k)
The committee must be given the same access to
250
facilities, records, and persons within facilities as the office
251
receives pursuant to this section.
I
f the position of
252
Ombudsperson is vacant, the committee
may
subpoena department
253
records, employees, or contractors.
254
(l)
Accompanied by the office, the committee
shall
visit
255
two different correctional facilities during each calendar year.
256
(4)(a)
The office must have reasonable access, upon demand
257
in person or in writing and with or without prior notice, to all
258
department facilities, including all areas
that
are used by
259
incarcerated persons
and
all areas
that
are accessible to
260
incarcerated persons, and to programs for incarcerated persons
261
at reasonable times
,
which, at a minimum, must include normal
262
working hours and visiting hours. This authority includes the
263
opportunity to conduct an interview with any incarcerated
264
person, department employee or contractor, or other person. This
265
access is for
all of the following
purposes:
266
1.
Providing information about individual rights and the
267
services available from the office, including the name, address,
268
and telephone number of the office facilities or staff;
269
2.
Conducting official inspections under subsection (6);
270
3.
Conducting an official investigation under subsection
271
(7) or as described in s. 944.102;
and
272
4.
Inspecting, viewing, photographing, or video recording
273
all areas of the facility
which
are used by incarcerated persons
274
or are accessible to incarcerated persons.
275
(b)
Access to incarcerated persons includes the opportunity
276
to meet and communicate privately and confidentially with
277
individuals regularly, with or without prior notice, formally or
278
informally, by telephone, mail, electronic communication, or in
279
person. In the case of communications with incarcerated persons,
280
these communications may not be monitored by, recorded, or
281
conducted in the presence of department employees or
282
contractors.
283
(c)
The office
may
access, inspect, and copy all
284
information, records, or documents in the possession or control
285
of the department which the office considers necessary in an
286
investigation of a complaint filed under this section or s.
287
944.102, and the department
shall
assist the office in obtaining
288
any necessary releases for those documents
that
are specifically
289
restricted or privileged for use by the
o
ffice.
290
(d)
Following notification from the office with a written
291
demand for access to department records, the designated
292
department staff
shall
provide the
o
ffice with access to the
293
requested documentation no later than 20 days after the office’s
294
written request for the records.
If
the records requested by the
295
office pertain to an incarcerated person’s death; threats of
296
bodily harm
,
including, but not limited to, sexual or physical
297
assaults; or the denial of necessary medical treatment, the
298
records must be provided within 5 days unless the office
299
consents to an extension of that timeframe.
300
(e)
The office
shall
work with the department to minimize
301
disruption to the department’s operations due to office
302
activities and must comply with the department’s security
303
clearance processes, provided
that
these processes do not impede
304
the activities outlined in this section.
305
(f)
The office
may
subpoena department records, employees,
306
or contractors.
307
(g)
The department has an affirmative duty to provide data
308
related to the collection and dissemination of information under
309
subparagraph (2)(b)5.
310
(5)(a)
Correspondence and communication with the office,
311
including that made pursuant to s. 944.102,
are
confidential and
312
must be protected as privileged correspondence in the same
313
manner as legal correspondence or communication.
314
(b)
The office
shall
establish confidentiality rules and
315
procedures for all information maintained by the
o
ffice to
316
ensure that:
317
1.
Department employees or contractors are not aware of the
318
identity of
a
person who submits a complaint or inquiry before,
319
during,
or
after an investigation
,
to the greatest extent
320
practicable. The office may disclose
personal
identifying
321
information for the sole purpose of carrying out an
322
investigation; and
323
2.
Other persons in department custody are not aware of the
324
identity of a person who submits a complaint or inquiry before,
325
during,
or
after an investigation
,
to the greatest extent
326
practicable. The office may disclose personal identifying
327
information for the sole purpose of carrying out an
328
investigation.
329
(6)
The
o
ffice shall conduct periodic inspections of each
330
department facility.
331
(a)
Initial inspection.
—The
o
ffice shall conduct an
332
inspection of each department facility and release a public
333
report
by July 1, 2029
.
334
(b)
Subsequent inspection.
—Subsequent inspections of each
335
facility
must
be conducted on a staggered schedule dependent on
336
the facility’s safety and compliance classification.
337
(c)
Inspection assessment.
—The
o
ffice shall conduct a
338
complete inspection of a
d
epartment facility
which
covers all
339
matters pertinent to the welfare of staff and incarcerated
340
persons within the facility, including
,
but not limited to
,
an
341
assessment of all of the following:
342
1.
All policies and procedures in place
at
the facility
343
related to the care of incarcerated persons
.
344
2.
Conditions of confinement
.
345
3.
Availability
to incarcerated persons
of educational and
346
rehabilitative programming, drug and mental health treatment,
347
and jobs and vocational training
.
348
4.
All policies and procedures related to visitation
.
349
5.
All medical facilities and medical procedures and
350
policies
.
351
6.
L
ockdowns at the facility in the time since the last
352
audit. For an initial assessment, the office shall review
353
lockdowns from the last 3 years
.
354
7.
S
taffing at the facility, including the number and job
355
assignments of correctional staff, the ratio of staff to
356
incarcerated persons at the facility, and the staff position
357
vacancy rate at the facility
.
358
8.
P
hysical and sexual assaults at the facility in the time
359
since the last inspection. For an initial assessment, the office
360
shall review assaults from the last 3 years
.
361
9.
I
ncarcerated person or staff deaths that occurred at the
362
facility in the time since the last inspection. For an initial
363
assessment, the office shall review incarcerated person and
364
staff deaths from the last 3 years
.
365
10.
D
epartment staff recruitment, training, supervision,
366
and discipline
.
367
11.
P
rogramming within the facility, including type of
368
programming, program eligibility, and length of waiting list
,
if
369
applicable
.
370
12.
Any other aspect of the operation of the facility
which
371
the office deems necessary over the course of an inspection.
372
(d)
Report.
—Upon completion of an inspection, the
o
ffice
373
shall produce a report
and
ma
k
e
it
publicly available
on
its
374
website
and
submit the report
to the Governor, the Attorney
375
General, the
judiciary committees of each house of the
376
Legislature
, and the
secretary
of the department. The report
377
must
include
all of the following
:
378
1.
A summary of the facility’s policies and procedures
379
related to the care of the incarcerated persons
.
380
2.
A characterization of the conditions of confinement
.
381
3.
A catalog of
the
educational and rehabilitative
382
programming, drug and mental health treatment, and jobs and
383
vocational training
available
to incarcerated persons.
384
4.
A summary of visitation policies and procedures
.
385
5.
A summary of medical facilities and medical procedures
386
and policies
.
387
6.
A summary of the lockdowns reviewed by the
o
ffice
.
388
7.
A summary of the staffing at the facility, including
389
policies relating to staff recruitment, training, supervision,
390
and discipline
.
391
8.
A summary of physical and sexual assaults reviewed by
392
the office
.
393
9.
A summary of any incarcerated person or staff deaths
394
that occurred at the facility
.
395
10.
Recommendations made to the facility to improve safety
396
and conditions within the facility
.
397
11.
Safety and compliance classification with recommended
398
timeline for the next inspection.
399
(e)
Safety and compliance classification.
—Upon completion
400
of an inspection, the
o
ffice
shall
assign the facility a safety
401
and compliance classification. Th
e
classification system
must
be
402
divided into 3 tiers and be determined based on the factors
403
described in
this
paragraph
. The safety and compliance
404
classification are:
405
1.
Tier 1. This classification requires subsequent
406
inspection within 12 months and is used for maximum security
407
facilities and facilities that present clear violations of
408
rights, risks to the safety of incarcerated persons, or severe
409
lack of quality programming for the successful rehabilitation of
410
incarcerated persons
.
411
2.
Tier 2. This classification requires subsequent
412
inspection between 18 months and 36 months and is used for
413
facilities that may have violations of rights, substandard
414
conditions of confinement, or substandard programming options.
415
3.
Tier 3. This classification requires subsequent
416
inspection within 36 months and is used for facilities with
417
adequate conditions of confinement and programming options.
418
(f)
Responses.
—The department shall respond in writing to
419
each inspection report issued by the
o
ffice within 60 days after
420
issuance of the report, and its response must include a
421
corrective action plan. The office shall monitor the
422
department’s compliance with the corrective action plan and may
423
conduct further inspections or investigations as necessary to
424
ensure compliance.
425
(7)(a)
The office may initiate and attempt to resolve a
426
complaint
investigation upon its own initiative, or upon receipt
427
of a complaint from an incarcerated person, a family member, a
428
representative of an incarcerated person, a department employee
429
or contractor, or others, regarding any of the following that
430
may adversely affect the health, safety, welfare, or rights of
431
incarcerated persons:
432
1.
Abuse or neglect
.
433
2.
Conditions of confinement
.
434
3.
Department decisions or administrative actions
.
435
4.
Department inactions or omissions
.
436
5.
Department policies, rules, or procedures
.
437
6.
Alleged violations of law by department employees or
438
contractors which may adversely affect the health, safety,
439
welfare, or rights of incarcerated persons.
440
(b)
The office may decline to investigate any complaint. If
441
the office does not investigate a complaint, the
o
ffice must
442
notify the person who submitted the complaint in writing of the
443
decision not to investigate and the reasons for the decision.
444
(c)
Filing a complaint with the office, or any action or
445
lack of action on a complaint by the office
,
may not be deemed
446
an administrative procedure required for exhaustion of remedies
447
prior to bringing an action pursuant to the Prison Litigation
448
Reform Act, 42 U.S.C. s. 1997e.
449
(d)
The office may not investigate a complaint relating to
450
an incarcerated person’s underlying criminal conviction.
451
(e)
The office may not investigate a complaint from a
452
department employee or contractor
which
relates to the
453
employee’s or contractor’s employment relationship with the
454
department unless the complaint is related to the health,
455
safety, welfare, or rehabilitation of incarcerated persons.
456
(f)
The office may refer the person who submitted a
457
complaint and others to appropriate resources or state,
t
ribal,
458
or federal agencies, as applicable.
459
(g)
The office may not levy any fees for the submission or
460
investigation of complaints.
461
(h)
At the conclusion of an investigation of a complaint,
462
the office
shall
render a public decision on the merits of each
463
complaint, except that the documents supporting the decision are
464
subject to the confidentiality provision of this section. The
465
office
shall
communicate the decision to the person who
466
submitted
the
complaint and to the department. The office must
467
state its recommendations and reasoning if, in the office’s
468
opinion, the department or any employee or contractor thereof
469
should:
470
1.
Consider the matter further;
471
2.
Modify or cancel any action;
472
3.
Alter a rule, practice, or ruling;
473
4.
Explain in detail the administrative action in question;
474
or
475
5.
Rectify an omission.
476
(
i
)
Upon a request by the office, the department
shall
,
477
within the time specified or within a reasonable time, inform
478
the office in writing about any action taken on the
479
recommendations or the reasons for not complying with the
480
recommendations.
481
(
j
)
If the office believes, based on the investigation,
482
that there has been or continues to be a significant health,
483
safety, welfare, or rehabilitation issue, the office must report
484
the finding to the Governor, the Attorney General, the
judiciary
485
committees of each house of the Legislature
, and the secretary
486
of the department.
487
(
k
)
If the department conducts an internal disciplinary
488
investigation and review of one or more of its staff members as
489
a result of an office investigation, the department’s
490
disciplinary review may be subject to additional review and
491
investigation by the office to ensure a fair and objective
492
process.
493
(
l
)
Before announcing a conclusion or recommendation that
494
expressly, or by implication, criticizes a person or the
495
department, the office
shall
consult with that person or the
496
department. The office may request to be notified by the
497
department, within a specified time, of any action taken on any
498
recommendation presented.
499
(
m
)
The department and its employees and contractors may
500
not terminate, retaliate against, or in any manner discriminate
501
against any person because he or she has filed a complaint or
502
instituted or caused to be instituted any proceeding under or
503
related to this subsection.
504
1.
Any alleged termination
of
, retaliation against, or
505
discrimination against a person who submitted a complaint may be
506
considered by the office as an appropriate subject of an
507
investigation.
508
2.
Any department employee or contractor who believes that
509
he or she has been terminated or otherwise discriminated against
510
by a person in violation of this subsection may, within 30 days
511
after such violation occurs, file a complaint pursuant to the
512
state’s whistleblower or wrongful termination laws, or both.
513
(8)(a)
By December 31 of each year, the office shall
514
produce an annual report and make it publicly available on its
515
website and submit it to the Governor, the Attorney General, the
516
judiciary committees of each house of the Legislature
, and the
517
secretary of the department. The report must
include
all of the
518
following
:
519
1.
A summary of the office’s inspections and complaint
520
investigations conducted that calendar year, including the
521
office’s findings and recommendations and the department’s
522
responses and corrective actions
.
523
2.
A characterization of the conditions of confinement
.
524
3.
A summary of educational and rehabilitative programming,
525
drug and mental health treatment, and jobs and vocational
526
training available to incarcerated persons
.
527
4.
A summary of visitation policies and procedures
.
528
5.
A summary of medical facilities and medical procedures
529
and policies
.
530
6.
A summary of the lockdowns reviewed by the office
.
531
7.
A summary of the staffing at each facility and in the
532
department overall
.
533
8.
A summary of physical and sexual assaults reviewed by
534
the office
.
535
9.
A summary of any incarcerated person or staff deaths
536
that occurred at a facility
.
537
10.
A summary of the office’s investigations, findings, and
538
resolutions of any complaints submitted pursuant to this section
539
or s. 944.102
.
540
11.
A summary of the pending and settled lawsuits during
541
the previous calendar year in which the department or its
542
contractors
are
a party and which relate to any covered issue as
543
defined in s. 944.102
,
with a description of the nature of the
544
claims, their date and location, and attorney fees, court costs,
545
and settlement costs spent by the department, its contractors,
546
or the state
.
547
12.
A summary of the criminal prosecutions of department
548
employees, contractors, or incarcerated persons initiated or
549
concluded during the previous calendar year, with a description
550
of the date
s
and location
s
of the alleged offenses, the nature
551
of the charges, and any adjudication or disposition of the
552
case
s.
553
13.
Recommendations to the
L
egislature and the department
,
554
including, but not limited to, all of the following:
555
a.
How the office and the department
could be better
funded
556
and staffed
.
557
b.
How to improve staff retention, training, working
558
conditions, compensation, benefits, morale, and safety
.
559
c.
How to improve incarcerated person health, safety,
560
conditions of confinement, or medical care
.
561
d.
How to improve visitation and limiting the use of
562
lockdowns and administrative segregation or solitary
563
confinement
.
564
e.
How to improve complaint investigation and resolution
.
565
f.
How to improve access to and quality and availability of
566
educational and rehabilitative programming, drug and mental
567
health treatment, and jobs and vocational training
to
568
incarcerated person
s.
569
g.
How to improve transparency about conditions in the
570
facilities and the department overall
.
571
h.
How to improve the disciplinary process to hold staff
572
accountable for mistreatment of incarcerated persons
.
573
i.
How to prevent future violations of incarcerated
574
person
s
’ rights protected under state and federal law.
575
(b)
Upon a request by the office, the department
shall
,
576
within the time specified or within a reasonable time, inform
577
the office in writing about any action taken on the
578
recommendations or the reasons for not complying with the
579
recommendations.
580
(
9
)
The department
and the office
may adopt rules to enact
581
this section.
582 Section 2. Section 944.102, Florida Statutes, is created to
583 read:
584
944.102 Incarcerated person and family support services;
585
function of the Office of the Department of Corrections
586
Ombudsperson.—
587
(1)
DEFINITIONS.—As used in this section, the term:
588
(a)
“Covered issue” includes, but is not limited to
, all of
589
the following
:
590
1.
Sanitation in prison facilities.
591
2.
Access to proper nutrition.
592
3.
Livable temperatures in prison facilities.
593
4.
Physical or sexual abuse from fellow incarcerated
594
persons.
595
5.
Physical or sexual abuse from department staff or
596
contractors.
597
6.
Credible threats against an incarcerated person from
598
another incarcerated person, staff, or contractors.
599
7.
Neglect of prison staff or contractors which results in
600
physical or sexual trauma.
601
8.
Denial of rights afforded to incarcerated persons under
602
federal or state law.
603
9.
Access to visitation and communication with family.
604
10.
Any instance in which the
o
ffice determines an action
605
or behavior to be such that it constitutes abuse or neglect
606
against an incarcerated person.
607
11.
Access to medical or mental health care or substance
608
abuse treatment.
609
12.
Access to educational and rehabilitative programming,
610
drug and mental health treatment, and incarcerated person jobs
611
and vocational training.
612
(b)
“Family form” means a secure online form created by the
613
office
through which
a family member can submit a complaint or
614
an
inquiry.
615
(c)
“Family member” has the same meaning as in s. 944.101.
616
(d)
“Incarcerated person form” means a secure online form
617
available through the department’s intranet
through which
an
618
incarcerated person can submit a complaint or inquiries
619
regarding covered issues on
his or her
behalf.
620
(e)
“Office” means the Office of the Department of
621
Corrections Ombudsperson.
622
(2)
FAMILY ADVOCACY AND SUPPORT SERVICES ONLINE FORM.—The
623
office shall create an electronic family form and make it
624
publicly
available on the office’s website so that family
625
members, friends, and advocates can submit complaints and
626
inquiries regarding covered issues on behalf of a person
627
incarcerated within the department. Upon receipt of a family
628
form, the office shall:
629
(a)
Confirm receipt of the family form within
5
business
630
days after receipt;
631
(b)
Determine whether an investigation is warranted within
632
7
business days after the confirmation of receipt of the form
633
and notify the person who submitted the form of the office’s
634
determination; and
635
(c)
If the office determines an investigation is
636
unwarranted, provide a written statement explaining its decision
637
to the person who submitted the form.
638
(3)
INCARCERATED PERSON ADVOCACY AND SUPPORT SERVICES
639
ONLINE FORM.—The
o
ffice shall create an incarcerated person
640
advocacy and support services
form.
641
(a)
Availability.
—The department shall ensure that the
642
incarcerated person form is available and operating on at least
643
12 computers within each department facility and accessible to
644
all incarcerated persons from 7:00 a.m. to 7:00 p.m. each day.
645
For incarcerated persons in administrative segregation or
646
solitary confinement, the department shall ensure that employees
647
and contractors provide incarcerated persons with access to the
648
incarcerated person form on a computer or computer tablet or by
649
providing a paper copy upon the incarcerated person’s request.
650
The department shall make paper copies of the incarcerated
651
person form available, at no cost to incarcerated persons, in
652
each facility’s library, law library, and recreational and
653
medical facilities.
654
(b)
Confidentiality.
—The office shall create the
655
incarcerated person form in a secure format that excludes any
656
electronic monitoring or reproduction by the department or its
657
employees or contractors. Any submissions of paper copies of the
658
incarcerated person form
by an
incarcerated person must be
659
treated as confidential and privileged by department employees
660
or contractors in the same manner as legal correspondence or
661
communication.
662
(c)
Requirements.
—The office shall:
663
1.
Confirm receipt of the incarcerated person form within
5
664
business days after receipt;
665
2.
Determine
whether an investigation is warranted within
7
666
business days after the confirmation of receipt of the form and
667
notify the person who submitted the form of the office’s
668
determination; and
669
3.
If the office determines an investigation is
670
unwarranted, provide a written statement explaining its decision
671
to the person who submitted the form.
672
(4)
FAMILY ADVOCACY AND SUPPORT SERVICES HOTLINE.—The
673
office shall create a telephone hotline
that
family members,
674
friends, and advocates of incarcerated persons can call to file
675
complaints and inquiries regarding covered issues on behalf of a
676
person incarcerated within the department. The office shall:
677
(a)
Confirm receipt of the complaint or inquiry within
5
678
business days after its receipt;
679
(b)
Determine whether an investigation is warranted within
680
7
business days after the confirmation of receipt of
the
681
complaint
or inquiry
and notify the person who submitted the
682
complaint or inquiry; and
683
(c)
If the office determines an investigation is
684
unwarranted, provide a written statement explaining its decision
685
to the person who submitted the complaint or inquiry.
686
(5)
ADVOCACY AND SUPPORT SERVICE
S
HOTLINE.—The office shall
687
create a secure telephone hotline
that
all department employees
688
and contractors and incarcerated persons
can call
to file
689
complaints and inquiries regarding covered issues on
their own
690
behalf.
691
(a)
Prohibition on phone call fees.
—The secretary of the
692
department shall ensure that the hotline and its use are made
693
available to all incarcerated persons free of charge.
694
(b)
Confidentiality.
—The office and the secretary of the
695
department shall ensure that calls to the hotline are not
696
monitored or recorded by department employees or contractors.
697
(c)
Requirements.
—The office shall:
698
1.
Confirm receipt of the complaint or inquiry within
5
699
business days after receipt;
700
2.
Determine whether an investigation is warranted within
7
701
business days after the confirmation of receipt of the complaint
702
or inquiry
and notify the person who submitted the complaint or
703
inquiry of the office’s determination; and
704
3.
If the office determines an investigation is
705
unwarranted, provide a written statement explaining its decision
706
to the person who submitted the complaint or inquiry.
707
(6)
BAN ON RETALIATION.—The department and its employees
708
and contractors may not terminate, retaliate against, or in any
709
manner discriminate against a person because he or she has filed
710
a complaint or inquiry or instituted or caused to be instituted
711
any proceeding under or related to this section.
712
(a)
Any alleged termination
of
, retaliation against, or
713
discrimination against the person who submitted the complaint or
714
inquiry may be considered by the office as an appropriate
715
subject of an investigation.
716
(b)
A department employee or contractor who believes that
717
he or she has been terminated or otherwise discriminated against
718
by any person in violation of this subsection may, within
30
719
days after such violation occurs, file a complaint pursuant to
720
the state’s whistleblower or wrongful termination laws, or both.
721
(7)
FEDERAL CLAIMS.—A complaint or lack of complaint to the
722
office
or
any action or lack of action by the
o
ffice on a
723
complaint made pursuant to this section may not be deemed an
724
administrative procedure required for exhaustion of remedies
725
before bringing an action pursuant to the Prison Litigation
726
Reform Act, 42 U.S.C. s. 1997e.
727
(8)
RULES.—The department and the office may adopt rules to
728
enact this section.
729 Section 3.
(1)
Spending on the Office of the Department of
730
Corrections Ombudsperson to carry out the activities in this act
731
must
equal an amount between 0.5 percent and 1 percent of the
732
Department of Corrections’ annual appropriation.
733
(2)
Beginning with the 2026-2027 fiscal year through the
734
2031-2032 fiscal year, t
he
recurring sum of
$1
.5 million
is
735
appropriated from the General Revenue Fund to the Department of
736
Corrections to implement
this act.
737 Section 4. Except as otherwise expressly provided in this
738 act, this act shall take effect July 1, 2026.