Florida Senate - 2019                                     SB 624
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01084-19                                             2019624__
    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 solitary confinement; requiring
   27         the department to certify compliance in a report to
   28         the 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 solitary confinement.—
  105         (1) DEFINITIONS.—As used in this section, the term:
  106         (a) “Emergency confinement” means a type of solitary
  107  confinement that involves the involuntary placement of a youth
  108  in an isolated room to separate that youth from the general
  109  inmate population and to remove him or her from a situation in
  110  which he or she presents an immediate and serious danger to the
  111  security or safety of himself or herself or others.
  112         (b) “Medical confinement” means a type of solitary
  113  confinement that involves the involuntary placement of a youth
  114  in an isolated room to separate that youth from the general
  115  inmate population to allow him or her to recover from an illness
  116  or to prevent the spread of a communicable illness.
  117         (c) “Mental health clinician” means a psychiatrist,
  118  psychologist, social worker, or nurse practitioner.
  119         (d) “Solitary confinement” means the involuntary placement
  120  of a youth in an isolated room to separate that youth from the
  121  general inmate population for any period of time.
  122         (e) “Youth” means a person within the custody of the
  123  department who is under the age of 19 years.
  124         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A youth
  125  may not be placed in solitary confinement, except as provided in
  126  this section.
  127         (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.—
  128         (a) A youth may be placed in emergency confinement if all
  129  of the following conditions are met:
  130         1. A nonphysical intervention with the youth would not be
  131  effective in preventing harm or danger to the youth or others.
  132         2. There is imminent risk of the youth physically harming
  133  himself or herself, staff, or others or the youth is engaged in
  134  major property destruction that is likely to compromise the
  135  security of the program or jeopardize the safety of the youth or
  136  others.
  137         3. All less-restrictive means have been exhausted.
  138         (b) Facility staff shall document the placement of a youth
  139  in emergency confinement. The documentation must include
  140  justification for the placement, in addition to a description of
  141  the less-restrictive options that the facility staff exercised
  142  before the youth was so placed.
  143         (c) A mental health clinician shall evaluate a youth who is
  144  placed in emergency confinement within 1 hour after such
  145  placement to ensure that the confinement is not detrimental to
  146  the mental or physical health of the youth. Following the
  147  initial evaluation, a mental health clinician shall conduct a
  148  face-to-face evaluation of the youth every 2 hours thereafter to
  149  determine whether the youth should remain in emergency
  150  confinement. The mental health clinician shall document each
  151  evaluation and provide justification for continued placement in
  152  emergency confinement.
  153         (d) A youth may not be placed in emergency confinement for
  154  more than 24 hours unless an extension is sought and obtained by
  155  a mental health clinician.
  156         1. If a mental health clinician determines that release of
  157  the youth would imminently threaten the safety of the youth or
  158  others, the mental health clinician may grant a one-time
  159  extension of 24 hours for continued placement in emergency
  160  confinement.
  161         2. If, at the conclusion of the 48-hour window, a mental
  162  health clinician determines that it is not safe for the youth to
  163  be released from emergency confinement, the facility staff must
  164  prepare to transfer the youth to a facility that is able to
  165  provide specialized treatment to address the youth’s needs.
  166         (e) A youth who is placed in emergency confinement must be
  167  provided access to the same meals and drinking water, clothing,
  168  medical treatment, contact with parents and legal guardians, and
  169  legal assistance as provided to youth in the general inmate
  170  population.
  171         (f) The use of emergency confinement is strictly prohibited
  172  for the purposes of punishment or discipline.
  173         (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.—
  174         (a) A youth may be placed in medical confinement if all of
  175  the following conditions are met:
  176         1. Isolation from the general inmate population and staff
  177  is required to allow the youth to rest and recover from illness
  178  or to prevent the spread of a communicable illness.
  179         2. A medical professional deems such placement necessary.
  180         3. The use of other less-restrictive means would not be
  181  sufficient to allow the youth to recover from illness or to
  182  prevent the spread of a communicable illness.
  183         (b) A youth may be placed in medical confinement for a
  184  period of time not to exceed the time that is necessary for the
  185  youth to recover from his or her illness or to prevent the
  186  spread of a communicable illness to other inmates or staff in
  187  the facility.
  188         (c) Facility staff shall document the placement of a youth
  189  in medical confinement. The documentation must include a medical
  190  professional’s justification for the placement.
  191         (d) A medical professional must evaluate a youth who is
  192  held in medical confinement face-to-face at least once every 12
  193  hours to determine whether the youth should remain in medical
  194  confinement. The medical professional shall document each
  195  evaluation and provide justification for continued placement in
  196  medical confinement.
  197         (e) The use of medical confinement is strictly prohibited
  198  for the purposes of punishment or discipline.
  199         (5) IMPLEMENTATION.—
  200         (a) The department shall review its policies and procedures
  201  relating to youth in solitary confinement to determine whether
  202  its policies and procedures comply with this section.
  203         (b) The department shall certify compliance with this
  204  section in a report that the department shall submit to the
  205  Governor, the President of the Senate, and the Speaker of the
  206  House of Representatives by January 1, 2020.
  207         (c) The department shall adopt policies and procedures
  208  necessary to administer this section.
  209         (d) This section does not supersede any law providing
  210  greater or additional protections to a youth in this state.
  211         Section 2. Paragraph (a) of subsection (4) of section
  212  951.23, Florida Statutes, is amended to read:
  213         951.23 County and municipal detention facilities;
  214  definitions; administration; standards and requirements.—
  215         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  216  OFFICERS.—
  217         (a) There shall be established A five-member working group
  218  is established which consists consisting of three persons
  219  appointed by the Florida Sheriffs Association and two persons
  220  appointed by the Florida Association of Counties to develop
  221  model standards for county and municipal detention facilities.
  222  At a minimum By October 1, 1996, each sheriff and chief
  223  correctional officer shall adopt, at a minimum, the model
  224  standards with reference to:
  225         1.a. The construction, equipping, maintenance, and
  226  operation of county and municipal detention facilities.
  227         b. The cleanliness and sanitation of county and municipal
  228  detention facilities; the number of county and municipal
  229  prisoners who may be housed therein per specified unit of floor
  230  space; the quality, quantity, and supply of bedding furnished to
  231  such prisoners; the quality, quantity, and diversity of food
  232  served to them and the manner in which it is served; the
  233  furnishing to them of medical attention and health and comfort
  234  items; and the disciplinary treatment that which may be meted
  235  out to them.
  236  
  237  Notwithstanding the provisions of the otherwise applicable
  238  building code, a reduced custody housing area may be occupied by
  239  inmates or may be used for sleeping purposes as allowed in
  240  subsection (7). The sheriff or chief correctional officer shall
  241  provide that a reduced custody housing area shall be governed by
  242  fire and life safety standards which do not interfere with the
  243  normal use of the facility and which affect a reasonable degree
  244  of compliance with rules of the State Fire Marshal for
  245  correctional facilities.
  246         2. The confinement of prisoners by classification and
  247  providing, whenever possible, for classifications that which
  248  separate males from females, juveniles from adults, felons from
  249  misdemeanants, and those awaiting trial from those convicted
  250  and, in addition, providing for the separation of special risk
  251  prisoners, such as the mentally ill, alcohol or narcotic
  252  addicts, sex deviates, suicide risks, and any other
  253  classification which the local unit may deem necessary for the
  254  safety of the prisoners and the operation of the facility
  255  pursuant to degree of risk and danger criteria. Nondangerous
  256  felons may be housed with misdemeanants.
  257         3. The confinement of prisoners by classification on the
  258  basis of age and a strict prohibition on the use of solitary
  259  confinement for prisoners under the age of 19 years, in
  260  compliance with s. 945.425.
  261         Section 3. Section 985.28, Florida Statutes, is created to
  262  read:
  263         985.28 Solitary confinement in detention facilities.—
  264         (1) DEFINITIONS.—As used in this section, the term:
  265         (a) “Child” means a person who is in the custody of the
  266  department and who is under the age of 19 years.
  267         (b) “Emergency confinement” means a type of solitary
  268  confinement that involves the involuntary placement of a child
  269  in an isolated room to separate that child from other children
  270  in the facility and to remove him or her from a situation in
  271  which he or she presents an immediate and serious danger to the
  272  security or safety of himself or herself or others.
  273         (c) “Medical confinement” means a type of solitary
  274  confinement that involves the involuntary placement of a child
  275  in an isolated room to separate that child from other children
  276  in the facility to allow the child to recover from illness or to
  277  prevent the spread of a communicable illness.
  278         (d) “Mental health clinician” means a psychiatrist,
  279  psychologist, social worker, or nurse practitioner.
  280         (e) “Solitary confinement” means the involuntary placement
  281  of a child in an isolated room to separate that child from other
  282  children in the facility for any period of time.
  283         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
  284  may not be placed in solitary confinement, except as provided in
  285  this section.
  286         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
  287         (a) A child may be placed in emergency confinement if all
  288  of the following conditions are met:
  289         1. A nonphysical intervention with the child would not be
  290  effective in preventing harm or danger to the child or others.
  291         2. There is imminent risk of the child physically harming
  292  himself or herself, staff, or others or the child is engaged in
  293  major property destruction that is likely to compromise the
  294  security of the program or jeopardize the safety of the child or
  295  others.
  296         3. All less-restrictive means have been exhausted.
  297         (b) Facility staff shall document the placement of a child
  298  in emergency confinement. The documentation must include
  299  justification for the placement of a child in emergency
  300  confinement, in addition to a description of the less
  301  restrictive options that the facility staff exercised before the
  302  child was so placed.
  303         (c) A mental health clinician shall evaluate a child who is
  304  placed in emergency confinement within 1 hour after such
  305  placement to ensure that the confinement is not detrimental to
  306  the mental or physical health of the child. Following the
  307  initial evaluation, a mental health clinician shall conduct a
  308  face-to-face evaluation of the child every 2 hours thereafter to
  309  determine whether the child should remain in emergency
  310  confinement. The mental health clinician shall document each
  311  evaluation and provide justification for continued placement in
  312  emergency confinement.
  313         (d) A child may not be placed in emergency confinement for
  314  more than 24 hours unless an extension is sought and obtained by
  315  a mental health clinician.
  316         1. If a mental health clinician determines that release of
  317  the child would imminently threaten the safety of the child or
  318  others, the mental health clinician may grant a one-time
  319  extension of 24 hours for continued placement in emergency
  320  confinement.
  321         2. If, at the conclusion of the 48-hour window, a mental
  322  health clinician determines that it is not safe for the child to
  323  be released from emergency confinement, the facility staff must
  324  prepare to transfer the child to a facility that is able to
  325  provide specialized treatment to address the child’s needs.
  326         (e) A child who is placed in emergency confinement must be
  327  provided access to the same meals and drinking water, clothing,
  328  medical treatment, contact with parents and legal guardians, and
  329  legal assistance as provided to children in the facility.
  330         (f) The use of emergency confinement is strictly prohibited
  331  for the purposes of punishment or discipline.
  332         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
  333         (a) A child may be placed in medical confinement if all of
  334  the following conditions are met:
  335         1. Isolation from staff and other children in the facility
  336  is required to allow the child to rest and recover from illness
  337  or to prevent the spread of a communicable illness.
  338         2. A medical professional deems such placement necessary.
  339         3. The use of other less-restrictive means would not be
  340  sufficient to allow the child to recover from illness or to
  341  prevent the spread of a communicable illness.
  342         (b) A child may be placed in medical confinement for a
  343  period of time not to exceed the time that is necessary for the
  344  child to recover from his or her illness or to prevent the
  345  spread of a communicable illness to other children or staff in
  346  the facility.
  347         (c) Facility staff shall document the placement of a child
  348  in medical confinement. The documentation must include a medical
  349  professional’s justification for the placement.
  350         (d) A medical professional must conduct a face-to-face
  351  evaluation of a child who is held in medical confinement at
  352  least once every 12 hours to determine whether the child should
  353  remain in medical confinement. The medical professional shall
  354  document each evaluation and provide justification for continued
  355  placement in medical confinement.
  356         (e) The use of medical confinement is strictly prohibited
  357  for the purposes of punishment or discipline.
  358         (5) IMPLEMENTATION.—
  359         (a) The department and the board of county commissioners of
  360  each county that administers a detention facility shall review
  361  their policies and procedures relating to disciplinary treatment
  362  to determine whether their policies and procedures comply with
  363  this section.
  364         (b) The department and the board of county commissioners of
  365  each county that administers a detention facility shall certify
  366  compliance with this section in a report that the department and
  367  the board shall submit to the Governor, the President of the
  368  Senate, and the Speaker of the House of Representatives by
  369  January 1, 2020.
  370         (c)This section does not supersede any law providing
  371  greater or additional protections to a child in this state.
  372         Section 4. Section 985.4415, Florida Statutes, is created
  373  to read:
  374         985.4415Solitary confinement in residential facilities.—
  375         (1)DEFINITIONS.—As used in this section, the term:
  376         (a) “Child” means a person within the custody of the
  377  department who is under the age of 19 years.
  378         (b) “Emergency confinement” means a type of solitary
  379  confinement that involves the involuntary placement of a child
  380  in an isolated room to separate that child from other children
  381  in the facility and to remove him or her from a situation in
  382  which he or she presents an immediate and serious danger to the
  383  security or safety of himself or herself or others.
  384         (c) “Medical confinement” means a type of solitary
  385  confinement that involves the involuntary placement of a child
  386  in an isolated room to separate that child from the other
  387  children in the facility and to allow him or her to recover from
  388  illness or to prevent the spread of a communicable illness.
  389         (d) “Mental health clinician” means a psychiatrist,
  390  psychologist, social worker, or nurse practitioner.
  391         (e) “Solitary confinement” means the involuntary placement
  392  of a child in an isolated room to separate that child from the
  393  other children in the facility for any period of time.
  394         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
  395  may not be placed in solitary confinement, except as provided in
  396  this section.
  397         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
  398         (a) A child may be placed in emergency confinement if all
  399  of the following conditions are met:
  400         1. A nonphysical intervention with the child would not be
  401  effective in preventing harm or danger to the child or others.
  402         2. There is imminent risk of the child physically harming
  403  himself or herself, staff, or others or the child is engaged in
  404  major property destruction that is likely to compromise the
  405  security of the program or jeopardize the safety of the child or
  406  others.
  407         3. All less-restrictive means have been exhausted.
  408         (b) Facility staff shall document the placement of a child
  409  in emergency confinement. The documentation must include
  410  justification for the placement of a child in emergency
  411  confinement, in addition to a description of the other less
  412  restrictive options that the facility staff exercised before the
  413  child was so placed.
  414         (c) A mental health clinician shall evaluate a child who is
  415  placed in emergency confinement within 1 hour after such
  416  placement to ensure that the confinement is not detrimental to
  417  the mental or physical health of the child. Following the
  418  initial evaluation, a mental health clinician shall conduct a
  419  face-to-face evaluation of the child every 2 hours thereafter to
  420  determine whether the child should remain in emergency
  421  confinement. The mental health clinician shall document each
  422  evaluation and provide justification for continued placement in
  423  emergency confinement.
  424         (d) A child may not be placed in emergency confinement for
  425  more than 24 hours unless an extension is sought and obtained by
  426  a mental health clinician.
  427         1. If a mental health clinician determines that release of
  428  the child would imminently threaten the safety of the child or
  429  others, the mental health clinician may grant a one-time
  430  extension of 24 hours for continued placement in emergency
  431  confinement.
  432         2. If at the conclusion of the 48-hour window a mental
  433  health clinician determines that it is not safe for the child to
  434  be released from emergency confinement, the facility staff must
  435  prepare to transfer the child to a facility that is able to
  436  provide specialized treatment to address the child’s needs.
  437         (e) A child who is placed in emergency confinement must be
  438  provided access to the same meals and drinking water, clothing,
  439  medical treatment, contact with parents and legal guardians, and
  440  legal assistance as provided to children in the facility.
  441         (f) The use of emergency confinement is strictly prohibited
  442  for the purposes of punishment or discipline.
  443         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
  444         (a) A child may be placed in medical confinement if all of
  445  the following conditions are met:
  446         1. Isolation from other children and staff in the facility
  447  is required to allow a child to rest and recover from illness or
  448  to prevent the spread of a communicable illness.
  449         2. A medical professional deems such placement necessary.
  450         3. The use of other less-restrictive means would not be
  451  sufficient to allow the child to recover from illness or to
  452  prevent the spread of a communicable illness.
  453         (b) A child may be placed in medical confinement for a
  454  period of time not to exceed the time that is necessary for the
  455  child to recover from his or her illness or to prevent the
  456  spread of a communicable illness to other children or staff in
  457  the facility.
  458         (c) Facility staff shall document the placement of a child
  459  in medical confinement. The documentation must include a medical
  460  professional’s justification for the placement.
  461         (d) A medical professional must conduct a face-to-face
  462  evaluation of a child who is held in medical confinement at
  463  least once every 12 hours to determine whether the child should
  464  remain in medical confinement. The medical professional shall
  465  document each evaluation and provide justification for continued
  466  placement in medical confinement.
  467         (e) The use of medical confinement is strictly prohibited
  468  for the purposes of punishment or discipline.
  469         (5) IMPLEMENTATION.—
  470         (a) The department shall review its policies and procedures
  471  relating to disciplinary treatment in residential facilities to
  472  determine whether its policies and procedures comply with this
  473  section.
  474         (b) The department shall certify compliance with this
  475  section in a report that the department shall submit to the
  476  Governor, the President of the Senate, and the Speaker of the
  477  House of Representatives by January 1, 2020.
  478         (c) This section does not supersede any law providing
  479  greater or additional protections to a child in this state.
  480         Section 5. Paragraph (s) is added to subsection (1) of
  481  section 944.09, Florida Statutes, to read:
  482         944.09 Rules of the department; offenders, probationers,
  483  and parolees.—
  484         (1) The department has authority to adopt rules pursuant to
  485  ss. 120.536(1) and 120.54 to implement its statutory authority.
  486  The rules must include rules relating to:
  487         (s)Youth in solitary confinement in compliance with s.
  488  945.425.
  489         Section 6. Paragraph (b) of subsection (9) of section
  490  985.601, Florida Statutes, is amended to read:
  491         985.601 Administering the juvenile justice continuum.—
  492         (9)(b) The department shall adopt rules prescribing
  493  standards and requirements with reference to:
  494         1. The construction, equipping, maintenance, staffing,
  495  programming, and operation of detention facilities;
  496         2. The treatment, training, and education of children
  497  confined in detention facilities;
  498         3. The cleanliness and sanitation of detention facilities;
  499         4. The number of children who may be housed in detention
  500  facilities per specified unit of floor space;
  501         5. The quality, quantity, and supply of bedding furnished
  502  to children housed in detention facilities;
  503         6. The quality, quantity, and diversity of food served in
  504  detention facilities and the manner in which it is served;
  505         7. The furnishing of medical attention and health and
  506  comfort items in detention facilities; and
  507         8. The disciplinary treatment administered in detention and
  508  residential facilities; and.
  509         9. The strict prohibition on the use of solitary
  510  confinement on children under the age of 19 years in compliance
  511  with ss. 985.28 and 985.4415.
  512         Section 7. For the purpose of incorporating the amendment
  513  made by this act to section 944.09, Florida Statutes, in a
  514  reference thereto, subsection (1) of section 944.279, Florida
  515  Statutes, is reenacted to read:
  516         944.279 Disciplinary procedures applicable to prisoner for
  517  filing frivolous or malicious actions or bringing false
  518  information before court.—
  519         (1) At any time, and upon its own motion or on motion of a
  520  party, a court may conduct an inquiry into whether any action or
  521  appeal brought by a prisoner was brought in good faith. A
  522  prisoner who is found by a court to have brought a frivolous or
  523  malicious suit, action, claim, proceeding, or appeal in any
  524  court of this state or in any federal court, which is filed
  525  after June 30, 1996, or to have brought a frivolous or malicious
  526  collateral criminal proceeding, which is filed after September
  527  30, 2004, or who knowingly or with reckless disregard for the
  528  truth brought false information or evidence before the court, is
  529  subject to disciplinary procedures pursuant to the rules of the
  530  Department of Corrections. The court shall issue a written
  531  finding and direct that a certified copy be forwarded to the
  532  appropriate institution or facility for disciplinary procedures
  533  pursuant to the rules of the department as provided in s.
  534  944.09.
  535         Section 8. This act shall take effect July 1, 2019.