SESSION WATCH
Died SENATE · SESSION 2026

No. SB 1710

Office of the Department of Corrections Ombudsperson
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SPONSOR
Smith
FILED BY
Carlos Guillermo Smith — District 17, Democrat [search donations]
EFFECTIVE
Except as otherwise expressly provided in this act, this act shall take effect July 1, 2026
DIED IN
Criminal Justice

Filed under Criminal Justice.

PROVIDED SUMMARY

Office of the Department of Corrections Ombudsperson; Creating the Office of the Department of Corrections Ombudsperson within the Department of Corrections; establishing the Corrections Oversight Committee; authorizing the office to subpoena department records, employees, or contractors; requiring the office to conduct periodic inspections of department facilities; requiring the office to create an electronic family form and make it available on the office’s public website for a specified purpose, etc. APPROPRIATION: $1,500,000

Full bill text →

Plain English Summary

AI-GENERATED
Creates an independent ombudsman with subpoena power to inspect and investigate Florida prisons.

The bill creates a new Office of the Department of Corrections Ombudsperson, led by a six-year term official selected by a bipartisan Corrections Oversight Committee. The Ombudsperson may only be removed by the Governor for good cause, insulating the office from routine political turnover.

The office gains the power to subpoena department records, employees, and contractors. It must inspect every prison at least once every three years, with maximum security facilities inspected annually. All inspection reports and complaint decisions must be published publicly on the office's website.

The department must provide the office with unrestricted access to all prison areas and must allow private, unmonitored communication between the office and incarcerated persons. The department is also required to respond in writing to every inspection report within 60 days with a corrective action plan.

The bill appropriates $1.5 million annually from the General Revenue Fund through the 2031-2032 fiscal year. It also mandates that total spending on the office must equal between 0.5 percent and 1 percent of the Department of Corrections' annual appropriation.

KEY PROVISIONS
§ 1 Creates an independent Ombudsperson with subpoena power majors. 944.101(4)(f)

AIEstablishes a new office within the Department of Corrections that can compel the production of records and testimony from department staff and contractors.

“The office may subpoena department records, employees, or contractors.” bill text, line 305 →
§ 2 Mandates unannounced facility inspections and public reporting majors. 944.101(4)(a)

AIRequires the office to enter all areas of correctional facilities with or without prior notice, inspect conditions, and publish the findings.

“The office must have reasonable access, upon demand in person or in writing and with or without prior notice, to all department facilities” bill text, line 256 →
§ 3 Prohibits monitoring of private communications with the office majors. 944.101(4)(b)

AIForbids department employees from listening to, recording, or witnessing private conversations between the office and incarcerated persons.

“these communications may not be monitored by, recorded, or conducted in the presence of department employees or contractors” bill text, line 280 →
§ 4 Establishes a Corrections Oversight Committee moderates. 944.101(3)(a)

AICreates a bipartisan legislative committee that selects the Ombudsperson, holds public hearings, and can issue policy recommendations to the department and Governor.

“There is established a Corrections Oversight Committee, composed of: (a) Two members appointed by the President of the Senate” bill text, line 177 →
§ 5 Requires the department to provide data within strict deadlines moderates. 944.101(4)(d)

AIObligates the department to hand over requested records within 20 days, or within 5 days for records involving death, assault, or medical denial.

“the designated department staff shall provide the office with access to the requested documentation no later than 20 days after the office's written request” bill text, line 291 →
§ 6 Creates secure online and telephone complaint channels moderates. 944.102(2)

AIRequires the office to build a public website form and a secure hotline for family members and incarcerated persons to file complaints without department monitoring.

“The office shall create an electronic family form and make it publicly available on the office's website” bill text, line 622 →
§ 7 Prohibits retaliation against complainants moderates. 944.102(6)

AIForbids the department from firing, retaliating against, or discriminating against anyone who files a complaint with the office.

“The department and its employees and contractors may not terminate, retaliate against, or in any manner discriminate against a person because he or she has filed a complaint” bill text, line 499 →
§ 8 Exempts office complaints from federal exhaustion requirements moderates. 944.102(7)

AIClarifies that filing a complaint with the office does not count as an administrative step required before suing under the Prison Litigation Reform Act.

“may not be deemed an administrative procedure required for exhaustion of remedies prior to bringing an action pursuant to the Prison Litigation Reform Act” bill text, line 445 →
TIMELINE
3/13/2026
Died in Criminal Justice
1/22/2026
Introduced
1/16/2026
Referred to Criminal Justice; Appropriations Committee on Criminal...
1/9/2026
Filed
STATUTES IT CHANGES
s. 944.101
+4092 / −0
s. 944.102
+1152 / −0