F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1255 2022
1 A bill to be entitled
2 An act relating to duties of the inspector general of
3 the Department of Corrections; amending s. 944.31,
4 F.S.; transferring the law enforcement duties of the
5 Inspector General of the Department of Corrections to
6 the Department of Law Enforcement; deleting provisions
7 relating to law enforcement certification and powers
8 of Inspector General Personnel; transferring powers,
9 duties, functions, records, offices, personnel,
10 property, investigations, unexpended balances of
11 appropriations, etc. from the inspector general to the
12 Department of Law Enforcement; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 944.31, Florida Statutes, is amended to
18 read:
19 944.31 Inspector general; inspectors; power and duties. —
20 (1) The inspector general shall be responsible for prison
21 inspection and investigation, internal affairs investigations,
22 and management reviews. The office of the inspector general
23 shall be charged with the duty of inspecting the penal and
24 correctional systems of the state. The office of the inspector
25 general shall inspect each correctional institution or any place
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26 in which state prisoners are housed, worked, or kept within the
27 state, with reference to its physical conditions, cleanliness,
28 sanitation, safety, and comfort; the quality and supply of all
29 bedding; the quality, quantity, and diversity of food served and
30 the manner in which it is served; the number and condition of
31 the prisoners confined therein; and the general conditions of
32 each institution. The office of inspector general shall see that
33 all the rules and regulations issued by the department are
34 strictly observed and followed by all persons connected with the
35 correctional systems of the state.
36 (2) The office of the inspector general shall coordinate
37 and supervise the work of inspectors throughout the state. The
38 inspector general and inspectors may enter any place where
39 prisoners in this state are kept and shall be immediately
40 admitted to such place as they desire and may consult and confer
41 with any prisoner privately and without molestation.
42 (3) The inspector general and inspectors shall be
43 responsible for criminal and administrative investigation of
44 matters relating to the Department of Corrections. Any criminal
45 investigation concerning conduct that occurs on property owned
46 or leased by the department or involves matters over which the
47 department has jurisdiction shall be conducted by the Department
48 of Law Enforcement. The secretary may designate persons within
49 the office of the inspector general as law enforcement officers
50 to conduct any criminal investigation that occurs on property
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51 owned or leased by the department or involves matters o ver which
52 the department has jurisdiction. A person designated as a law
53 enforcement officer must be certified pursuant to s. 943.1395
54 and must have a minimum of 3 years' experience as an inspector
55 in the inspector general's office or as a law enforcement
56 officer. The department shall maintain a memorandum of
57 understanding with the Department of Law Enforcement for the
58 notification and investigation of mutually agreed-upon predicate
59 events consistent with this subsection that shall include, but
60 are not limited to, suspicious deaths and organized criminal
61 activity.
62 (4) During investigations, the inspector general and
63 inspectors may consult and confer with any prisoner or staff
64 member privately and without molestation and persons designated
65 as law enforcement officers under this section shall have the
66 authority to arrest, with or without a warrant, any prisoner of
67 or visitor to a state correctional institution for a violation
68 of the criminal laws of the state involving an offense
69 classified as a felony that occurs on property owned or leased
70 by the department and may arrest offenders who have escaped or
71 absconded from custody. Persons designated as law enforcement
72 officers have the authority to arrest with or without a warrant
73 a staff member of the department, including any contract
74 employee, for a violation of the criminal laws of the state
75 involving an offense classified as a felony under this chapter
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76 or chapter 893 on property owned or leased by the department. A
77 person designated as a law enforcement officer under this
78 section may make arrests of persons against whom arrest warrants
79 have been issued, including arrests of offenders who have
80 escaped or absconded from custody. The arrested person shall be
81 surrendered without delay to the sheriff of the county in which
82 the arrest is made, with a formal complaint subsequently made
83 against her or him in accordance with law.
84 Section 2. All powers, duties, functions, records,
85 offices, personnel, associated administrative support positions,
86 property, investigations, existing contracts, administrative
87 authority, and administrative rules and unexpended balances of
88 appropriations, allocations, and other funds relating to the
89 Bureau of State Investigations/Law Enforcement of the office of
90 inspector general of the Department of Corrections which relate
91 to investigation and enforcement of criminal laws, including all
92 bureau personnel designated as law enforcement officers under s.
93 944.31, Florida Statutes, are transferred meet by a type two
94 transfer, as defined in s. 20.06(2), Florida Statutes, to the
95 Department of Law Enforcement.
96 Section 3. This act shall take effect July 1, 2022.
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Statutes affected:
H 1255 Filed: 944.31