The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1510
INTRODUCER: Criminal Justice Committee and Senator Pizzo
SUBJECT: Visiting County and Municipal Detention Facilities
DATE: April 18, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Parker Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1510 authorizes the following individuals who are elected or appointed to serve the
county or municipality in which the county or municipal detention facility is located, to visit
such detention facilities at their pleasure:
Members of the governing body of the county or municipality.
Members of the Legislature.
The state attorney.
The public defender.
The regional counsel.
The bill is effective July 1, 2023.
II. Present Situation:
County and Municipal Detention Facilities
A county detention facility is any county jail, stockade, work camp, residential probation center,
or 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 a felony or misdemeanor.1 Sheriffs
operate the majority of county detention facilities, with counties operating the remainder.2
1
Section 951.23(1)(a), F.S.
2
For example, the county commissions operate the county detention facilities in Escambia, Gulf, Jackson, Miami-Dade,
Okaloosa, Orange, Osceola, and Volusia counties (see https://myescambia.com/our-services/corrections/community-
BILL: CS/SB 1510 Page 2
County detention facilities house inmates who have been arrested and are awaiting trial, as well
as inmates who have been convicted and sentenced to less than one year of incarceration.
The Department of Corrections (DOC) reports that approximately 53, 571 inmates were
incarcerated in the state’s county detention facilities during the month of October 2022.3
A municipal detention facility is a city jail, stockade, prison camp, or 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 a violation of municipal laws or ordinances.4
Visitation of County and Municipal Detention Facilities
Each county sheriff’s office or board of county commissioners establish the visitation rules for
its detention facilities. Such rules may establish visitation hours, dress codes, and admission
requirements. Some facilities include exceptions to the visitation rules for private attorneys and
public defenders.5
Visitation of State Correctional Institutions
The following persons are authorized to visit state correctional institutions at their pleasure:
The Governor;
All Cabinet members;
Members of the Legislature;
Judges of state courts;
State attorneys;
Public defenders; and
Authorized representatives of the Florida Commission on Offender Review.6
Additionally, permission to visit state correctional institutions may not be unreasonably withheld
from those who provide the DOC sufficient evidence that they are bona fide reporters or writers.7
Any other persons seeking to enter a state correctional institution may only do so in accordance
with the rules prescribed by the DOC.
detention; http://www.gulfcounty-fl.gov/county_government/detention_facility;
https://jacksoncountyfl.gov/services/correctional-facility/; https://www.miamidade.gov/global/corrections/home.page;
http://www.ocfl.net/tabid/367/default.aspx#.X_MzJthKiUl; https://www.osceola.org/agencies-
departments/corrections/about/; and https://www.volusia.org/services/public-protection/corrections/; respectively (last visited
March 22, 2023)).
3
Department of Corrections, Florida County Detention Facilities Average Inmate Population, October 2022, p. 2, available
at http://fdc.myflorida.com/pub/jails/2022/jails-2022-10.pdf (last visited March 22, 2023).
4
Section 951.23(1)(d), F.S.
5
For example, see Nassau County Sheriff’s Office, Jail Visitation, available at https://nassauso.com/corrections/jail-
visitation/ (last visited March 22, 2023); and Broward County Sheriff’s Office, Attorney Information, available at
https://www.sheriff.org/DOD/Pages/Attorney-Info.aspx (last visited March 22, 2023). Also, many facilities have adjusted
their in-person visitation policies to mitigate risks associated with the coronavirus.
6
Section 944.23, F.S.
7
Id.
BILL: CS/SB 1510 Page 3
Visitation of State Juvenile Facilities
In 2018, the Legislature authorized the following individuals to visit all facilities housing
juveniles that are operated or overseen by the Department of Juvenile Justice (DJJ) or a county,
at their pleasure, between the hours of 6 a.m. and 11 p.m.:
The Governor;
A Cabinet member;
A member of the Legislature;
A judge of a state court;
A state attorney;
A public defender; and
A person authorized by the secretary of the DJJ.8
If one of the individuals listed above seeks to visit a state juvenile facility before 6:00 a.m. or
after 11:00 p.m., a request for an after-hours tour must be submitted to and be approved by the
Assistant Secretary for Detention at least 14 days prior to the tour.9 Such individuals on an after-
hours tour may not access areas in which youth are sleeping.10
The DJJ may not unreasonably withhold permission to visit a state facility housing juveniles
from a person who provides sufficient evidence that he or she is a bona fide reporter or writer.
III. Effect of Proposed Changes:
This bill authorizes the following individuals who are elected or appointed to serve the county or
municipality in which the county or municipal detention facility is located, to visit such detention
facilities at their pleasure:
Members of the governing body of the county or municipality.
Members of the Legislature.
The state attorney.
The public defender.
The regional counsel.
The bill is effective July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
8
Chapter 2018-47, s. 1, L.O.F. (creating s. 985.6885, F.S., effective July 1, 2018).
9
Rule 63G-2.023(9)(k), F.A.C.
10
Id.
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C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 951.225 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 27, 2023:
The committee substitute:
Specifies that only persons who are elected or appointed to serve the county or
municipality in which a county or municipal detention facility is located may visit
such facility at their pleasure.
Revises the list of individuals who may visit a county or municipal detention facility.
BILL: CS/SB 1510 Page 5
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.