Bill Text: FL S0624 | 2019 | Regular Session | Comm Sub


Bill Title: Youth in Solitary Confinement

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2019-05-03 - Died in Appropriations [S0624 Detail]

Download: Florida-2019-S0624-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 624
       
       
        
       By the Committee on Criminal Justice; and Senator Montford
       
       
       
       
       
       591-02643-19                                           2019624c1
    1                        A bill to be entitled                      
    2         An act relating to youth in solitary confinement;
    3         creating s. 945.425, F.S.; defining terms; prohibiting
    4         the Department of Corrections from placing a youth in
    5         solitary confinement except under certain
    6         circumstances; authorizing a youth to be placed in
    7         emergency confinement if certain conditions are met;
    8         requiring facility staff to document such placement;
    9         requiring that, within a specified timeframe and at
   10         specified intervals, a mental health clinician conduct
   11         certain evaluations of a youth who is in emergency
   12         confinement; limiting the allowable length of time for
   13         emergency confinement; requiring specific treatment
   14         for a youth who is in emergency confinement;
   15         prohibiting the use of emergency confinement for
   16         certain purposes; authorizing a youth to be placed in
   17         medical confinement under certain circumstances;
   18         limiting the allowable length of time for medical
   19         confinement; requiring facility staff to document such
   20         confinement; requiring that, within a specified
   21         timeframe and at specified intervals, a medical
   22         professional conduct certain evaluations of a youth
   23         who is in medical confinement; prohibiting the use of
   24         medical confinement for certain purposes; requiring
   25         the department to review its policies and procedures
   26         relating to youth in confinement; requiring the
   27         department to certify compliance in a report to the
   28         Governor and Legislature by a specified date;
   29         requiring the department to adopt policies and
   30         procedures; providing applicability; amending s.
   31         951.23, F.S.; requiring sheriffs and chief
   32         correctional officers to adopt model standards
   33         relating to youth; creating s. 985.28, F.S.; defining
   34         terms; prohibiting the Department of Juvenile Justice
   35         from placing a child in solitary confinement except
   36         under certain circumstances; authorizing a child to be
   37         placed in emergency confinement if certain conditions
   38         are met; requiring facility staff to document such
   39         placement; requiring that, within a specified
   40         timeframe and at specified intervals, a mental health
   41         clinician conduct certain evaluations of a child who
   42         is in emergency confinement; limiting the allowable
   43         length of time for the use of emergency confinement;
   44         requiring specific treatment for a child who is in
   45         emergency confinement; prohibiting the use of
   46         emergency confinement for certain purposes;
   47         authorizing a youth to be placed in medical
   48         confinement under certain circumstances; limiting the
   49         allowable length of time for medical confinement;
   50         requiring facility staff to document such placement;
   51         requiring that, within a specified timeframe and at
   52         specified intervals, a medical professional conduct
   53         certain evaluations of a child who is in medical
   54         confinement; prohibiting the use of medical
   55         confinement for certain purposes; requiring the
   56         department and the board of county commissioners of
   57         each county that administers a detention facility to
   58         review policies and procedures relating to
   59         disciplinary treatment; requiring the department and
   60         the board of county commissioners of each county that
   61         administers a detention facility to certify compliance
   62         in a report to the Governor and Legislature by a
   63         specified date; providing applicability; creating s.
   64         985.4415, F.S.; defining terms; prohibiting facility
   65         staff from placing a child in solitary confinement,
   66         except under certain circumstances; authorizing a
   67         child to be placed in emergency confinement if certain
   68         conditions are met; requiring facility staff to
   69         document such placement; requiring that, within a
   70         specified timeframe and at specified intervals, a
   71         mental health clinician conduct certain evaluations of
   72         a child who is in emergency confinement; limiting the
   73         allowable length of time for emergency confinement;
   74         requiring specific treatment for a child who is in
   75         emergency confinement; prohibiting the use of
   76         emergency confinement for certain purposes;
   77         authorizing a youth to be placed in medical
   78         confinement under certain circumstances; limiting the
   79         allowable length of time for medical confinement;
   80         requiring facility staff to document such placement;
   81         requiring that, within a specified timeframe and at
   82         specified intervals, a medical professional conduct
   83         certain evaluations of a child who is in medical
   84         confinement; prohibiting the use of medical
   85         confinement for certain purposes; requiring the
   86         department to review policies and procedures relating
   87         to disciplinary treatment; requiring the department to
   88         certify compliance in a report to the Governor and
   89         Legislature by a specified date; providing
   90         applicability; amending s. 944.09, F.S.; authorizing
   91         the Department of Corrections to adopt rules; amending
   92         s. 985.601, F.S.; requiring the Department of Juvenile
   93         Justice to adopt rules; reenacting s. 944.279(1),
   94         F.S., relating to disciplinary procedures applicable
   95         to a prisoner for filing frivolous or malicious
   96         actions or bringing false information before a court,
   97         to incorporate the amendment made to s. 944.09, F.S.,
   98         in a reference thereto; providing an effective date.
   99          
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Section 945.425, Florida Statutes, is created to
  103  read:
  104         945.425 Youth in confinement.—
  105         (1) DEFINITIONS.—As used in this section, the term:
  106         (a) “Emergency confinement” means a type of confinement
  107  that involves the involuntary placement of a youth in an
  108  isolated room to separate that youth from the general inmate
  109  population and to remove him or her from a situation in which he
  110  or she presents an immediate and serious danger to the security
  111  or safety of himself or herself or others.
  112         (b) “Medical confinement” means a type of confinement that
  113  involves the involuntary placement of a youth in an isolated
  114  room to separate that youth from the general inmate population
  115  to allow him or her to recover from an illness or to prevent the
  116  spread of a communicable illness.
  117         (c) “Mental health clinician” means a licensed
  118  psychiatrist, psychologist, social worker, mental health
  119  counselor, nurse practitioner, or physician assistant.
  120         (d) “Solitary confinement” means the involuntary placement
  121  of a youth in an isolated room to separate that youth from the
  122  general inmate population for any period of time.
  123         (e) “Youth” means a person within the custody of the
  124  department who is under the age of 19 years.
  125         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A youth
  126  may not be placed in solitary confinement, except as provided in
  127  this section.
  128         (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.—
  129         (a) A youth may be placed in emergency confinement if all
  130  of the following conditions are met:
  131         1. A nonphysical intervention with the youth would not be
  132  effective in preventing harm or danger to the youth or others.
  133         2. There is imminent risk of the youth physically harming
  134  himself or herself, staff, or others or the youth is engaged in
  135  major property destruction that is likely to compromise the
  136  security of the program or jeopardize the safety of the youth or
  137  others.
  138         3. All less-restrictive means have been exhausted.
  139         (b) Facility staff shall document the placement of a youth
  140  in emergency confinement. The documentation must include
  141  justification for the placement, in addition to a description of
  142  the less-restrictive options that the facility staff exercised
  143  before the youth was so placed.
  144         (c) A mental health clinician shall evaluate a youth who is
  145  placed in emergency confinement within 1 hour after such
  146  placement to ensure that the confinement is not detrimental to
  147  the mental or physical health of the youth. Following the
  148  initial evaluation, a mental health clinician shall conduct a
  149  face-to-face evaluation of the youth every 2 hours thereafter to
  150  determine whether the youth should remain in emergency
  151  confinement. The mental health clinician shall document each
  152  evaluation and provide justification for continued placement in
  153  emergency confinement.
  154         (d) A youth may not be placed in emergency confinement for
  155  more than 24 hours unless an extension is sought and obtained by
  156  a mental health clinician.
  157         1. If a mental health clinician determines that release of
  158  the youth would imminently threaten the safety of the youth or
  159  others, the mental health clinician may grant a one-time
  160  extension of 24 hours for continued placement in emergency
  161  confinement.
  162         2. If, at the conclusion of the 48-hour window, a mental
  163  health clinician determines that it is not safe for the youth to
  164  be released from emergency confinement, the facility staff must
  165  prepare to transfer the youth to a facility that is able to
  166  provide specialized treatment to address the youth’s needs.
  167         (e) A youth who is placed in emergency confinement must be
  168  provided access to the same meals and drinking water, clothing,
  169  medical treatment, contact with parents and legal guardians, and
  170  legal assistance as provided to youth in the general inmate
  171  population.
  172         (f) The use of emergency confinement is strictly prohibited
  173  for the purposes of punishment or discipline.
  174         (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.—
  175         (a) A youth may be placed in medical confinement if all of
  176  the following conditions are met:
  177         1. Isolation from the general inmate population and staff
  178  is required to allow the youth to rest and recover from illness
  179  or to prevent the spread of a communicable illness.
  180         2. A medical professional deems such placement necessary.
  181         3. The use of other less-restrictive means would not be
  182  sufficient to allow the youth to recover from illness or to
  183  prevent the spread of a communicable illness.
  184         (b) A youth may be placed in medical confinement for a
  185  period of time not to exceed the time that is necessary for the
  186  youth to recover from his or her illness or to prevent the
  187  spread of a communicable illness to other inmates or staff in
  188  the facility.
  189         (c) Facility staff shall document the placement of a youth
  190  in medical confinement. The documentation must include a medical
  191  professional’s justification for the placement.
  192         (d) A medical professional must evaluate a youth who is
  193  held in medical confinement face-to-face at least once every 12
  194  hours to determine whether the youth should remain in medical
  195  confinement. The medical professional shall document each
  196  evaluation and provide justification for continued placement in
  197  medical confinement.
  198         (e) The use of medical confinement is strictly prohibited
  199  for the purposes of punishment or discipline.
  200         (5) IMPLEMENTATION.—
  201         (a) The department shall review its policies and procedures
  202  relating to youth in confinement to determine whether its
  203  policies and procedures comply with this section.
  204         (b) The department shall certify compliance with this
  205  section in a report that the department shall submit to the
  206  Governor, the President of the Senate, and the Speaker of the
  207  House of Representatives by January 1, 2020.
  208         (c) The department shall adopt policies and procedures
  209  necessary to administer this section.
  210         (d) This section does not supersede any law providing
  211  greater or additional protections to a youth in this state.
  212         Section 2. Paragraph (a) of subsection (4) of section
  213  951.23, Florida Statutes, is amended to read:
  214         951.23 County and municipal detention facilities;
  215  definitions; administration; standards and requirements.—
  216         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  217  OFFICERS.—
  218         (a) There shall be established A five-member working group
  219  is established which consists consisting of three persons
  220  appointed by the Florida Sheriffs Association and two persons
  221  appointed by the Florida Association of Counties to develop
  222  model standards for county and municipal detention facilities.
  223  At a minimum By October 1, 1996, each sheriff and chief
  224  correctional officer shall adopt, at a minimum, the model
  225  standards with reference to:
  226         1.a. The construction, equipping, maintenance, and
  227  operation of county and municipal detention facilities.
  228         b. The cleanliness and sanitation of county and municipal
  229  detention facilities; the number of county and municipal
  230  prisoners who may be housed therein per specified unit of floor
  231  space; the quality, quantity, and supply of bedding furnished to
  232  such prisoners; the quality, quantity, and diversity of food
  233  served to them and the manner in which it is served; the
  234  furnishing to them of medical attention and health and comfort
  235  items; and the disciplinary treatment that which may be meted
  236  out to them.
  237  
  238  Notwithstanding the provisions of the otherwise applicable
  239  building code, a reduced custody housing area may be occupied by
  240  inmates or may be used for sleeping purposes as allowed in
  241  subsection (7). The sheriff or chief correctional officer shall
  242  provide that a reduced custody housing area shall be governed by
  243  fire and life safety standards which do not interfere with the
  244  normal use of the facility and which affect a reasonable degree
  245  of compliance with rules of the State Fire Marshal for
  246  correctional facilities.
  247         2. The confinement of prisoners by classification and
  248  providing, whenever possible, for classifications that which
  249  separate males from females, juveniles from adults, felons from
  250  misdemeanants, and those awaiting trial from those convicted
  251  and, in addition, providing for the separation of special risk
  252  prisoners, such as the mentally ill, alcohol or narcotic
  253  addicts, sex deviates, suicide risks, and any other
  254  classification which the local unit may deem necessary for the
  255  safety of the prisoners and the operation of the facility
  256  pursuant to degree of risk and danger criteria. Nondangerous
  257  felons may be housed with misdemeanants.
  258         3. The confinement of prisoners by classification on the
  259  basis of age and a strict prohibition on the use of solitary
  260  confinement for prisoners under the age of 19 years, in
  261  compliance with s. 945.425.
  262         Section 3. Section 985.28, Florida Statutes, is created to
  263  read:
  264         985.28 Confinement in detention facilities.—
  265         (1) DEFINITIONS.—As used in this section, the term:
  266         (a) “Child” means a person who is in the custody of the
  267  department and who is under the age of 19 years.
  268         (b) “Emergency confinement” means a type of confinement
  269  that involves the involuntary placement of a child in an
  270  isolated room to separate that child from other children in the
  271  facility and to remove him or her from a situation in which he
  272  or she presents an immediate and serious danger to the security
  273  or safety of himself or herself or others.
  274         (c) “Medical confinement” means a type of confinement that
  275  involves the involuntary placement of a child in an isolated
  276  room to separate that child from other children in the facility
  277  to allow the child to recover from illness or to prevent the
  278  spread of a communicable illness.
  279         (d) “Mental health clinician” means a licensed
  280  psychiatrist, psychologist, social worker, mental health
  281  counselor, nurse practitioner, or physician assistant.
  282         (e) “Solitary confinement” means the involuntary placement
  283  of a child in an isolated room to separate that child from other
  284  children in the facility for any period of time.
  285         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
  286  may not be placed in solitary confinement, except as provided in
  287  this section.
  288         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
  289         (a) A child may be placed in emergency confinement if all
  290  of the following conditions are met:
  291         1. A nonphysical intervention with the child would not be
  292  effective in preventing harm or danger to the child or others.
  293         2. There is imminent risk of the child physically harming
  294  himself or herself, staff, or others or the child is engaged in
  295  major property destruction that is likely to compromise the
  296  security of the program or jeopardize the safety of the child or
  297  others.
  298         3. All less-restrictive means have been exhausted.
  299         (b) Facility staff shall document the placement of a child
  300  in emergency confinement. The documentation must include
  301  justification for the placement of a child in emergency
  302  confinement, in addition to a description of the less
  303  restrictive options that the facility staff exercised before the
  304  child was so placed.
  305         (c) A mental health clinician shall evaluate a child who is
  306  placed in emergency confinement within 1 hour after such
  307  placement to ensure that the confinement is not detrimental to
  308  the mental or physical health of the child. Following the
  309  initial evaluation, a mental health clinician shall conduct a
  310  face-to-face evaluation of the child every 2 hours thereafter to
  311  determine whether the child should remain in emergency
  312  confinement. The mental health clinician shall document each
  313  evaluation and provide justification for continued placement in
  314  emergency confinement.
  315         (d) A child may not be placed in emergency confinement for
  316  more than 24 hours unless an extension is sought and obtained by
  317  a mental health clinician.
  318         1. If a mental health clinician determines that release of
  319  the child would imminently threaten the safety of the child or
  320  others, the mental health clinician may grant a one-time
  321  extension of 24 hours for continued placement in emergency
  322  confinement.
  323         2. If, at the conclusion of the 48-hour window, a mental
  324  health clinician determines that it is not safe for the child to
  325  be released from emergency confinement, the facility staff must
  326  prepare to transfer the child to a facility that is able to
  327  provide specialized treatment to address the child’s needs.
  328         (e) A child who is placed in emergency confinement must be
  329  provided access to the same meals and drinking water, clothing,
  330  medical treatment, contact with parents and legal guardians, and
  331  legal assistance as provided to children in the facility.
  332         (f) The use of emergency confinement is strictly prohibited
  333  for the purposes of punishment or discipline.
  334         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
  335         (a) A child may be placed in medical confinement if all of
  336  the following conditions are met:
  337         1. Isolation from staff and other children in the facility
  338  is required to allow the child to rest and recover from illness
  339  or to prevent the spread of a communicable illness.
  340         2. A medical professional deems such placement necessary.
  341         3. The use of other less-restrictive means would not be
  342  sufficient to allow the child to recover from illness or to
  343  prevent the spread of a communicable illness.
  344         (b) A child may be placed in medical confinement for a
  345  period of time not to exceed the time that is necessary for the
  346  child to recover from his or her illness or to prevent the
  347  spread of a communicable illness to other children or staff in
  348  the facility.
  349         (c) Facility staff shall document the placement of a child
  350  in medical confinement. The documentation must include a medical
  351  professional’s justification for the placement.
  352         (d) A medical professional must conduct a face-to-face
  353  evaluation of a child who is held in medical confinement at
  354  least once every 12 hours to determine whether the child should
  355  remain in medical confinement. The medical professional shall
  356  document each evaluation and provide justification for continued
  357  placement in medical confinement.
  358         (e) The use of medical confinement is strictly prohibited
  359  for the purposes of punishment or discipline.
  360         (5) IMPLEMENTATION.—
  361         (a) The department and the board of county commissioners of
  362  each county that administers a detention facility shall review
  363  their policies and procedures relating to disciplinary treatment
  364  to determine whether their policies and procedures comply with
  365  this section.
  366         (b) The department and the board of county commissioners of
  367  each county that administers a detention facility shall certify
  368  compliance with this section in a report that the department and
  369  the board shall submit to the Governor, the President of the
  370  Senate, and the Speaker of the House of Representatives by
  371  January 1, 2020.
  372         (c)This section does not supersede any law providing
  373  greater or additional protections to a child in this state.
  374         Section 4. Section 985.4415, Florida Statutes, is created
  375  to read:
  376         985.4415 Confinement in residential facilities.—
  377         (1)DEFINITIONS.—As used in this section, the term:
  378         (a) “Child” means a person within the custody of the
  379  department who is under the age of 19 years.
  380         (b) “Emergency confinement” means a type of confinement
  381  that involves the involuntary placement of a child in an
  382  isolated room to separate that child from other children in the
  383  facility and to remove him or her from a situation in which he
  384  or she presents an immediate and serious danger to the security
  385  or safety of himself or herself or others.
  386         (c) “Medical confinement” means a type of confinement that
  387  involves the involuntary placement of a child in an isolated
  388  room to separate that child from the other children in the
  389  facility and to allow him or her to recover from illness or to
  390  prevent the spread of a communicable illness.
  391         (d) “Mental health clinician” means a licensed
  392  psychiatrist, psychologist, social worker, mental health
  393  counselor, nurse practitioner, or physician assistant.
  394         (e) “Solitary confinement” means the involuntary placement
  395  of a child in an isolated room to separate that child from the
  396  other children in the facility for any period of time.
  397         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
  398  may not be placed in solitary confinement, except as provided in
  399  this section.
  400         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
  401         (a) A child may be placed in emergency confinement if all
  402  of the following conditions are met:
  403         1. A nonphysical intervention with the child would not be
  404  effective in preventing harm or danger to the child or others.
  405         2. There is imminent risk of the child physically harming
  406  himself or herself, staff, or others or the child is engaged in
  407  major property destruction that is likely to compromise the
  408  security of the program or jeopardize the safety of the child or
  409  others.
  410         3. All less-restrictive means have been exhausted.
  411         (b) Facility staff shall document the placement of a child
  412  in emergency confinement. The documentation must include
  413  justification for the placement of a child in emergency
  414  confinement, in addition to a description of the other less
  415  restrictive options that the facility staff exercised before the
  416  child was so placed.
  417         (c) A mental health clinician shall evaluate a child who is
  418  placed in emergency confinement within 1 hour after such
  419  placement to ensure that the confinement is not detrimental to
  420  the mental or physical health of the child. Following the
  421  initial evaluation, a mental health clinician shall conduct a
  422  face-to-face evaluation of the child every 2 hours thereafter to
  423  determine whether the child should remain in emergency
  424  confinement. The mental health clinician shall document each
  425  evaluation and provide justification for continued placement in
  426  emergency confinement.
  427         (d) A child may not be placed in emergency confinement for
  428  more than 24 hours unless an extension is sought and obtained by
  429  a mental health clinician.
  430         1. If a mental health clinician determines that release of
  431  the child would imminently threaten the safety of the child or
  432  others, the mental health clinician may grant a one-time
  433  extension of 24 hours for continued placement in emergency
  434  confinement.
  435         2. If at the conclusion of the 48-hour window a mental
  436  health clinician determines that it is not safe for the child to
  437  be released from emergency confinement, the facility staff must
  438  prepare to transfer the child to a facility that is able to
  439  provide specialized treatment to address the child’s needs.
  440         (e) A child who is placed in emergency confinement must be
  441  provided access to the same meals and drinking water, clothing,
  442  medical treatment, contact with parents and legal guardians, and
  443  legal assistance as provided to children in the facility.
  444         (f) The use of emergency confinement is strictly prohibited
  445  for the purposes of punishment or discipline.
  446         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
  447         (a) A child may be placed in medical confinement if all of
  448  the following conditions are met:
  449         1. Isolation from other children and staff in the facility
  450  is required to allow a child to rest and recover from illness or
  451  to prevent the spread of a communicable illness.
  452         2. A medical professional deems such placement necessary.
  453         3. The use of other less-restrictive means would not be
  454  sufficient to allow the child to recover from illness or to
  455  prevent the spread of a communicable illness.
  456         (b) A child may be placed in medical confinement for a
  457  period of time not to exceed the time that is necessary for the
  458  child to recover from his or her illness or to prevent the
  459  spread of a communicable illness to other children or staff in
  460  the facility.
  461         (c) Facility staff shall document the placement of a child
  462  in medical confinement. The documentation must include a medical
  463  professional’s justification for the placement.
  464         (d) A medical professional must conduct a face-to-face
  465  evaluation of a child who is held in medical confinement at
  466  least once every 12 hours to determine whether the child should
  467  remain in medical confinement. The medical professional shall
  468  document each evaluation and provide justification for continued
  469  placement in medical confinement.
  470         (e) The use of medical confinement is strictly prohibited
  471  for the purposes of punishment or discipline.
  472         (5) IMPLEMENTATION.—
  473         (a) The department shall review its policies and procedures
  474  relating to disciplinary treatment in residential facilities to
  475  determine whether its policies and procedures comply with this
  476  section.
  477         (b) The department shall certify compliance with this
  478  section in a report that the department shall submit to the
  479  Governor, the President of the Senate, and the Speaker of the
  480  House of Representatives by January 1, 2020.
  481         (c) This section does not supersede any law providing
  482  greater or additional protections to a child in this state.
  483         Section 5. Paragraph (s) is added to subsection (1) of
  484  section 944.09, Florida Statutes, to read:
  485         944.09 Rules of the department; offenders, probationers,
  486  and parolees.—
  487         (1) The department has authority to adopt rules pursuant to
  488  ss. 120.536(1) and 120.54 to implement its statutory authority.
  489  The rules must include rules relating to:
  490         (s)Youth in confinement in compliance with s. 945.425.
  491         Section 6. Paragraph (b) of subsection (9) of section
  492  985.601, Florida Statutes, is amended to read:
  493         985.601 Administering the juvenile justice continuum.—
  494         (9)(b) The department shall adopt rules prescribing
  495  standards and requirements with reference to:
  496         1. The construction, equipping, maintenance, staffing,
  497  programming, and operation of detention facilities;
  498         2. The treatment, training, and education of children
  499  confined in detention facilities;
  500         3. The cleanliness and sanitation of detention facilities;
  501         4. The number of children who may be housed in detention
  502  facilities per specified unit of floor space;
  503         5. The quality, quantity, and supply of bedding furnished
  504  to children housed in detention facilities;
  505         6. The quality, quantity, and diversity of food served in
  506  detention facilities and the manner in which it is served;
  507         7. The furnishing of medical attention and health and
  508  comfort items in detention facilities; and
  509         8. The disciplinary treatment administered in detention and
  510  residential facilities; and.
  511         9. The strict prohibition on the use of solitary
  512  confinement on children under the age of 19 years in compliance
  513  with ss. 985.28 and 985.4415.
  514         Section 7. For the purpose of incorporating the amendment
  515  made by this act to section 944.09, Florida Statutes, in a
  516  reference thereto, subsection (1) of section 944.279, Florida
  517  Statutes, is reenacted to read:
  518         944.279 Disciplinary procedures applicable to prisoner for
  519  filing frivolous or malicious actions or bringing false
  520  information before court.—
  521         (1) At any time, and upon its own motion or on motion of a
  522  party, a court may conduct an inquiry into whether any action or
  523  appeal brought by a prisoner was brought in good faith. A
  524  prisoner who is found by a court to have brought a frivolous or
  525  malicious suit, action, claim, proceeding, or appeal in any
  526  court of this state or in any federal court, which is filed
  527  after June 30, 1996, or to have brought a frivolous or malicious
  528  collateral criminal proceeding, which is filed after September
  529  30, 2004, or who knowingly or with reckless disregard for the
  530  truth brought false information or evidence before the court, is
  531  subject to disciplinary procedures pursuant to the rules of the
  532  Department of Corrections. The court shall issue a written
  533  finding and direct that a certified copy be forwarded to the
  534  appropriate institution or facility for disciplinary procedures
  535  pursuant to the rules of the department as provided in s.
  536  944.09.
  537         Section 8. This act shall take effect July 1, 2019.

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