Florida Statutes
Fla. Stat. § 760.701 (2025)
Lawsuits by prisoners.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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760.701 Lawsuits by prisoners.—
(1) For the purposes of this section, the term “prisoner” means any person incarcerated or detained in any jail, prison, or other correctional facility, who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
(2) An action may not be brought by or on behalf of a prisoner relating to the conditions of the prisoner’s confinement under 42 U.S.C. s. 1983, or any other state or federal law, until such administrative remedies as are available are fully exhausted.
(3) The court shall on its own motion or on the motion of a party dismiss any action brought relating to the conditions of the prisoner’s confinement under 42 U.S.C. s. 1983, or any other state or federal law, by a prisoner if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. The court shall review any such action pursuant to s. 57.085(6).
(4) An action may not be brought in state court by or on behalf of a prisoner relating to the conditions of the prisoner’s confinement under 42 U.S.C. s. 1983, or any state tort action, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act as defined in 18 U.S.C. s. 2246(2).
(5) The time for bringing an action which concerns any condition of confinement of a prisoner shall be the limitations period as described in s. 95.11(6)(f).