THE BILL ITSELF
HB 55
Treatment of Inmates
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A bill to be entitled
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An act relating to treatment of inmates; creating s.
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944.092, F.S.; specifying certain rights of inmates in
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the correctional system; requiring a written copy of
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the rights to be provided to each inmate; authorizing
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relief for deprivation of rights; amending s. 947.149,
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F.S.; revising the definition of the term "permanently
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incapacitated inmate" for purposes of conditional
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medical release; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 944.092, Florida Statutes, is created
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to read:
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944.092 Basic rights of inmates.—
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(1) RIGHTS.—Each inmate in the correctional system has the
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right to:
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(a) Proper ventilation.—All housing units must have air
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conditioning systems or air cooling systems; however, housing
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units in use on or before July 1, 2026, which cannot be fitted
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for air conditioning systems or air cooling systems shall
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receive exhaust and air circulators sufficient to provide a safe
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and healthful environment for inmates.
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(b) Sufficient meal time.—Inmates must receive a minimum
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of 20 minutes to eat each meal. The minimum time shall be
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extended to the amount necessary for an inmate to complete the
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meal if the inmate receives an approved medical reason for such
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an extension.
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(c) Adequate food supply in case of emergency.—Each
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correctional institution shall establish a program with one or
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more community food banks located near the institution to ensure
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adequate food supply is made available to the inmate population
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if conditions exist that prevent regular food supply services
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due to an event such as a natural disaster or other emergency.
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(d) Necessary health supplies.—The department must
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provide:
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1. Necessary personal protective equipment for medical
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staff at all times and for all staff and inmates during health
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crises or during any cleaning.
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2. Necessary health products for inmates including, but
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not limited to, sanitary napkins, tampons, soap, and toothpaste,
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upon request of inmates.
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(2) NOTICE.—The department shall provide a written copy of
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the rights established in this section to each inmate upon his
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or her entry into the correctional system.
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(3) GRIEVANCES.—An inmate may file a grievance with the
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department if the inmate believes a right guaranteed in this
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section is denied by a correctional institution.
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Section 2. Paragraph (a) of subsection (1) of section
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947.149, Florida Statutes, is amended to read:
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947.149 Conditional medical release.—
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(1) The commission shall, in conjunction with the
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department, establish the conditional medical release program.
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An inmate is eligible for consideration for release under the
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conditional medical release program when the inmate, because of
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an existing medical or physical condition, is determined by the
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department to be within one of the following designations:
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(a) "Permanently incapacitated inmate," which means an
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inmate who:
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1. Has a condition caused by injury, disease, or illness
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which, to a reasonable degree of medical certainty, renders the
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inmate permanently and irreversibly physically incapacitated; or
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2. Has a physical disability, impairment, or handicap,
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to the extent that the inmate does not constitute a danger to
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herself or himself or others.
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Section 3. This act shall take effect July 1, 2026.