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 233 2024
1 A bill to be entitled
2 An act relating to treatment of inmates; creating s.
3 944.092, F.S.; specifying certain rights of inmates in
4 the correctional system; requiring a written copy of
5 the rights to be provided to each inmate; authorizing
6 relief for deprivation of rights; amending s. 947.149,
7 F.S.; revising the definition of the term "permanently
8 incapacitated inmate" for purposes of conditional
9 medical release; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 944.092, Florida Statutes, is created
14 to read:
15 944.092 Basic rights of inmates.—
16 (1) RIGHTS.—Each inmate in the correctional system has the
17 right to:
18 (a) Proper ventilation.—All housing units must have air
19 conditioning systems or air cooling systems; however, housing
20 units in use on or before July 1, 2024, which cannot be fitted
21 for air conditioning or air cooling systems shall receive
22 exhaust and air circulators sufficient to provide a safe and
23 healthful environment for inmates.
24 (b) Sufficient meal time.—Inmates must receive a minimum
25 of 20 minutes to eat each meal. The minimum time shall be
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HB 233 2024
26 extended to the amount necessary for an inmate to complete the
27 meal if the inmate receives an approved medical reason for an
28 extension.
29 (c) Adequate food supply in case of emergency.—Each
30 correctional institution shall establish a program with one or
31 more community food banks located near the institution to ensure
32 adequate food supply is made available to the inmate population
33 if conditions exist that prevent regular food supply services
34 due to an event such as a natural disaster or other emergency.
35 (d) Necessary health supplies.—The department must
36 provide:
37 1. Necessary personal protective equipment for medical
38 staff at all times and for all staff and inmates during health
39 crises or during any cleaning.
40 2. Necessary health products for inmates including, but
41 not limited to, sanitary napkins, tampons, soap, and toothpaste,
42 upon request of inmates.
43 (2) NOTICE.—The department shall provide a written copy of
44 the rights established in this section to each inmate upon his
45 or her entry in to the correctional system.
46 (3) GRIEVANCES.—An inmate may file a grievance with the
47 department if the inmate believes a right guaranteed in this
48 section is denied by a correctional institution.
49 Section 2. Paragraph (a) of subsection (1) of section
50 947.149, Florida Statutes, is amended to read:
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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 233 2024
51 947.149 Conditional medical release.—
52 (1) The commission shall, in conjunction with the
53 department, establish the conditional medical release program.
54 An inmate is eligible for consideration for release under the
55 conditional medical release program when the inmate, because of
56 an existing medical or physical condition, is determined by the
57 department to be within one of the following designations:
58 (a) "Permanently incapacitated inmate," which means an
59 inmate who has a condition caused by injury, disease, or illness
60 which, to a reasonable degree of medical certainty, renders the
61 inmate permanently and irreversibly physically incapacitated ; or
62 has a physical disability, impairment, or handicap to the extent
63 that the inmate does not constitute a danger to herself or
64 himself or others.
65 Section 3. This act shall take effect July 1, 2024.
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Statutes affected: H 233 Filed: 947.149