Fla. Stat. 945.6036
Enforcement

(1)

If the department fails to substantially comply with the dispute resolution decision of the Administration Commission or fails to implement required remedial action within 45 days after such decision or within the time period set by the Administration Commission, whichever period is longer, the authority is authorized to petition the Circuit Court in Leon County for an order requiring the department to comply. For the purposes of this section, “substantial compliance” means a firm effort to comply fully with the decision without omitting any essential part, and that any omission consists solely of an unimportant defect.

(2)

If the authority fails to initiate a circuit court proceeding pursuant to this section, an inmate has the right to file a verified petition with the authority requesting that such a proceeding be initiated. The petition shall set forth with particularity the manner in which the department has failed to implement the decision of the Administration Commission, including any required remedial actions. The authority has 45 days after receipt of a verified petition to either initiate an action in circuit court pursuant to this section or advise the inmate in writing of the reason such an action will not be initiated.

(3)

Within 30 days after service of the written decision of the authority setting forth its reason why an action will not be initiated by the authority pursuant to this section, an inmate may initiate an appropriate proceeding in the Circuit Court in Leon County to require the department to substantially comply with the decision of the Administration Commission.

Source: Section 945.6036 — Enforcement, https://www.­flsenate.­gov/Laws/Statutes/2024/0945.­6036 (accessed Aug. 7, 2025).

945.01
Definitions 945.04
Department of Corrections 945.10
Confidential information 945.12
Transfers for rehabilitative treatment 945.25
Records 945.025
Jurisdiction of department 945.27
Proceedings by department 945.28
Selection of probation or parole offices by the department 945.31
Restitution and other payments 945.35
Requirement for education on human immunodeficiency virus, acquired immune deficiency syndrome, and other communicable diseases 945.035
Notice of employment, appointment, or separation 945.36
Law enforcement personnel authorized to conduct drug tests on inmates and releasees 945.40
Corrections Mental Health Act 945.041
Reports 945.41
Legislative intent of ss 945.42
Definitions 945.43
Placement of inmate in a mental health treatment facility 945.043
Department-operated day care services 945.44
Emergency placement of inmate in a mental health treatment facility 945.45
Continued placement of inmates in mental health treatment facilities 945.46
Initiation of involuntary placement proceedings with respect to a mentally ill inmate scheduled for release 945.47
Discharge of inmate from mental health treatment 945.047
Licensing requirements for physicians, osteopathic physicians, and chiropractic physicians employed by the department 945.48
Rights of inmates provided mental health treatment 945.49
Operation and administration 945.71
Inmate training programs 945.72
Eligibility and screening of inmates 945.73
Inmate training program operation 945.74
Implementation 945.091
Extension of the limits of confinement 945.092
Limits on work-release and minimum security custody for persons who have committed the crime of escape 945.215
Inmate welfare and employee benefit trust funds 945.0311
Employment of relatives 945.355
HIV testing of inmates prior to release 945.601
Correctional Medical Authority 945.602
State of Florida Correctional Medical Authority 945.603
Powers and duties of authority 945.604
Medical claims 945.0913
Inmates prohibited from driving state-owned vehicles to transport inmates in a work-release program 945.2151
Verifying social security numbers 945.6031
Required reports and surveys 945.6032
Quality management program requirements 945.6033
Continuing contracts with health care providers 945.6034
Minimum health care standards 945.6035
Dispute resolution 945.6036
Enforcement 945.6037
Nonemergency health care 945.6038
Inmate litigation costs 945.6041
Inmate medical services 945.21501
Employee Benefit Trust Fund 945.21503
Federal Grants Trust Fund

Current through Fall 2025

§ 945.6036. Enforcement's source at flsenate​.gov