reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.704 - Staff Who Provide Transition Assistance; Duties.

944.704 Staff who provide transition assistance; duties.—
(1) The department shall provide a transition assistance specialist at each of the major institutions.
(2) The department may increase the number of transition assistance specialists in proportion to the number of inmates served at each of the major institutions and may increase the number of employment specialists per judicial circuit based on the number of released inmates served under community supervision in that circuit, subject to appropriations.
(3) The transition assistance specialists’ duties include, but are not limited to:
(a) Coordinating delivery of transition assistance program services at the institution and at the community correctional centers authorized pursuant to s. 945.091(1)(b).
(b) Assisting in the development of each inmate’s postrelease plan.
(c) Obtaining job placement information. Such information must include identifying any job assignment credentialing or industry certifications for which the inmate is eligible.
(d) Providing a written medical discharge plan and referral to a county health department.
(e) For an inmate who is known to be HIV positive, providing a 30-day supply of all HIV/AIDS-related medication that the inmate is taking before release, if required under protocols of the Department of Corrections and treatment guidelines of the United States Department of Health and Human Services.
(f) Facilitating placement in a private transition housing program, if requested by any eligible inmate. If an inmate who is nearing his or her date of release requests placement in a contracted substance abuse transition housing program, the transition assistance specialist shall inform the inmate of program availability and assess the inmate’s need and suitability for transition housing assistance. If an inmate is approved for placement, the specialist shall assist the inmate and coordinate the release of the inmate with the selected program. If an inmate requests and is approved for placement in a contracted faith-based substance abuse transition housing program, the specialist must consult with the chaplain before such placement. In selecting inmates who are nearing their date of release for placement in a faith-based program, the department shall ensure that an inmate’s faith orientation, or lack thereof, will not be considered in determining admission to the program and that the program does not attempt to convert an inmate toward a particular faith or religious preference.
(g) Providing a photo identification card to all inmates before their release.
(4) A transition assistance specialist may not be a correctional officer or correctional probation officer as defined in s. 943.10.
History.—ss. 7, 12, ch. 87-298; s. 13, ch. 88-122; s. 30, ch. 89-526; s. 4, ch. 91-281; s. 8, ch. 92-310; s. 22, ch. 95-283; s. 9, ch. 2001-110; s. 5, ch. 2002-292; s. 56, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.706 - Basic Release Assistance.

944.706 Basic release assistance.—
(1) Any inmate who is being released is eligible for transition assistance. Those inmates released to a detainer are eligible pursuant to s. 944.703.
(2) The department may contract with the Department of Children and Families, the Salvation Army, and other public or private organizations, including faith-based service groups, for the provision of basic support services for releasees.
(3) The department shall adopt rules for the development, implementation, and termination of transition assistance.
History.—s. 41, ch. 83-131; s. 9, ch. 85-340; ss. 9, 12, ch. 87-298; s. 13, ch. 88-122; s. 10, ch. 92-310; s. 23, ch. 95-283; s. 312, ch. 99-8; s. 11, ch. 2001-110; s. 322, ch. 2014-19.
Note.—Former s. 944.601.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.7065 - Transition Course for Inmates.

944.7065 Transition course for inmates.—In an effort to ensure that inmates released from the Department of Corrections successfully reenter the community, beginning December 1, 2002, each inmate released from incarceration by the department must complete a 100-hour comprehensive transition course that covers job readiness and life management skills. This requirement does not apply to inmates released in an emergency situation.
History.—s. 20, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.707 - Postrelease Special Services; Job Placement Services.

944.707 Postrelease special services; job placement services.—
(1) The department shall generate and provide to every releasee, identified by the prerelease needs assessment, support services such as, but not limited to, substance abuse counseling, family counseling, and employment support programs. The department may select and contract with public or private organizations, including faith-based service groups, for the provision of these basic support services. When selecting a provider, the department shall consider faith-based service groups on an equal basis with other private organizations. Provider selection criteria include, but are not limited to:
(a) The depth and scope of services provided.
(b) The geographic area to be served.
(c) The number of inmates to be served and the cost of services per inmate.
(d) The individual provider’s record of success in the provision of inmate services.
(2) The department, with the assistance of the State Office on Homelessness, shall maintain and regularly update a comprehensive directory of support services offered by private organizations and faith-based service groups for the purpose of assisting transition assistance specialists and chaplains in making individualized placements and referrals.
History.—ss. 10, 12, ch. 87-298; s. 13, ch. 88-122; s. 32, ch. 89-526; s. 11, ch. 92-310; s. 24, ch. 95-283; s. 12, ch. 2001-110.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.7071 - Operation New Hope.

944.7071 Operation New Hope.—As authorized by and consistent with funding appropriated in the General Appropriations Act, the department may contract, in accordance with s. 944.706, with Operation New Hope, a nonprofit organization exempt from taxation pursuant to s. 501(c)(3) of the Internal Revenue Code, to provide reentry services, including, but not limited to, counseling; providing information on housing and job placement; money management assistance; and programs that address substance abuse, mental health, and co-occurring conditions.
History.—s. 1, ch. 2023-276.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.708 - Rules.

944.708 Rules.—The Department of Corrections shall adopt rules to implement the provisions of ss. 944.701-944.707.
History.—ss. 11, 12, ch. 87-298; s. 13, ch. 88-122; s. 41, ch. 2010-117; s. 34, ch. 2011-213.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.710 - Definitions of Terms Relating to Private Operation of State Correctional Facilities and S. 944.105.

944.710 Definitions of terms relating to private operation of state correctional facilities and s. 944.105.—As used with respect to private operation of state correctional facilities and s. 944.105, the term:
(1) “Bidder” means any individual, partnership, corporation, or unincorporated association that submits a proposal with the department to construct, lease, or operate a private correctional facility.
(2) “Department” means the Department of Corrections.
(3) “Private correctional facility” means any facility, which is not operated by the department, for the incarceration of adults or juveniles who have been sentenced by a court and committed to the custody of the department.
(4) “Private correctional officer” means any full-time or part-time employee of a private vendor whose primary responsibility is the supervision, protection, care, and control of prisoners within a private correctional facility.
(5) “Private vendor” means any individual, partnership, corporation, or unincorporated association bound by contract with the department to construct, lease, or operate a private correctional facility.
History.—s. 13, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.711 - Requests for Proposals.

944.711 Requests for proposals.—The department shall develop a request for proposals to construct or construct and operate a single-cell prototype institution or any facility of the department specified in s. 945.025. Competitive proposals shall be solicited by the department pursuant to chapter 287.
History.—s. 14, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.712 - Bidder and Private Vendor Qualifications.

944.712 Bidder and private vendor qualifications.—Any private vendor selected by the department must have the qualifications and operations and management experience to carry out the terms of the contract. In submitting a proposal, the bidder must demonstrate financial ability to fulfill the requirements of the contract and must submit an independently audited financial statement for the previous 5 years. If the contract includes construction and if the state is required to make payments for construction prior to the completion of construction, the contract shall contain a construction performance bond approved by the secretary of the Department of Corrections as adequate and appropriate for the construction portion of the contract.
History.—s. 15, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.713 - Insurance Against Liability.

944.713 Insurance against liability.—
(1) A bidder must provide an adequate plan of insurance against liability, including liability for violations of an inmate’s civil rights by an insurance agency licensed in this state, pursuant to chapter 287. The insurance plan shall, at a minimum, protect the department from actions of a third party, assure the private vendor’s ability to fulfill the conditions of the contract, and provide adequate protection for the department against claims arising as a result of any occurrence during the term of the contract on an occurrence basis. The adequacy of the insurance plan shall be determined, at the bidder’s expense, by an independent risk management or actuarial firm selected by the Department of Management Services. The risk management or actuarial firm selected must have demonstrated experience in assessing public liability of state government.
(2) The contract shall provide for indemnification of the state by the private vendor for any liabilities incurred up to the limits provided under s. 768.28(5). The contract shall provide that the private vendor, or the insurer of the private vendor, is liable to pay any claim or judgment for any one person which does not exceed the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments arising out of the same incident or occurrence, does not exceed the sum of $200,000. In addition, the contractor must agree to defend, hold harmless, and indemnify the department against any and all actions, claims, damages and losses, including costs and attorney’s fees.
History.—s. 16, ch. 89-526; s. 316, ch. 92-279; s. 55, ch. 92-326.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.714 - Quality Assurance and Standards of Operation.

944.714 Quality assurance and standards of operation.—
(1) The level and quality of programs provided by a private vendor at a private correctional facility must be at least equal to programs provided at a correctional facility operated by the department that houses similar types of inmates and must be at a cost that provides the state with a substantial savings, as determined by a private accounting firm selected by the Department of Corrections.
(2) All private correctional officers employed by a private vendor must be certified, at the private vendor’s expense, as having met the minimum qualifications established for correctional officers under s. 943.13.
(3) Pursuant to the terms of the contract, a private vendor shall design, construct, and operate a private correctional facility in accordance with the standards established by the American Correctional Association and approved by the department at the time of the contract. In addition, a private correctional facility shall meet any higher standard mandated in the full or partial settlement of any litigation challenging the constitutional conditions of confinement to which the department is a named defendant. The standards required under a contract for operating a private correctional facility may be higher than the standards required for accreditation by the American Correctional Association. A private vendor shall comply with all federal and state constitutional requirements, federal, state, and local laws, department rules, and all court orders.
History.—s. 17, ch. 89-526; s. 12, ch. 2019-113.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.715 - Delegation of Authority.

944.715 Delegation of authority.—
(1) A private vendor shall incarcerate all inmates assigned to the private correctional facility by the department and as specified in the contract. The department may not exceed the maximum occupancy designated for the facility in the contract.
(2) Inmates incarcerated in a private correctional facility are in the legal custody of the department. A private vendor may not award gain-time or release credits, determine inmate eligibility for furlough or work release, calculate inmate release dates, approve inmate transfers, place inmates in less restrictive custody than that ordered by the department or approve inmate work assignments. A private vendor may not benefit financially from the labor of inmates except to the extent authorized under chapter 946.
History.—s. 18, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.716 - Contract Termination and Control of a Correctional Facility by the Department.

944.716 Contract termination and control of a correctional facility by the department.—A detailed plan shall be provided by a private vendor under which the department shall assume control of a private correctional facility upon termination of the contract. The department may terminate the contract with cause after written notice of material deficiencies and after 60 workdays in order to correct the material deficiencies. If any event occurs that involves the noncompliance with or violation of contract terms and that presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume control of the private correctional facility. A plan shall also be provided by a private vendor for the purchase and assumption of operations of a correctional facility by the department in the event of bankruptcy or the financial insolvency of the private vendor. The private vendor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events in accordance with standards of the American Correctional Association.
History.—s. 19, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.717 - Conflicts of Interest.

944.717 Conflicts of interest.—
(1) An employee of the department or any governmental entity that exercises any functions or responsibilities in the review or approval of a private correctional facility contract or the operation of a private correctional facility, or a member of the immediate family of any such person, may not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from a bidder or private vendor.
(2) A private vendor may not have any interest at the time of entering into a contract with the department, or acquire any interest at a later time, that would directly or indirectly conflict in any manner or degree with the performance of the contract. A private vendor may not, in the performance of the contract, employ any person who has any known interests which conflict with the performance of the contract.
History.—s. 20, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.718 - Withdrawal of Request for Proposals.

944.718 Withdrawal of request for proposals.—
(1) When soliciting proposals for the construction, lease, or operation of a private correctional facility, the department may reserve the right to withdraw the request for proposals at any time and for any reason. Receipt of proposal materials by the department or submission of a proposal to the department does not confer any rights upon the proposer or obligations upon the department.
(2) The department may not award a contract to a private vendor unless the department receives a proposal from a vendor that meets or exceeds the requirements of ss. 944.710-944.719.
History.—s. 21, ch. 89-526.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.72 - Privately Operated Institutions Inmate Welfare Trust Fund.

944.72 Privately Operated Institutions Inmate Welfare Trust Fund.—
(1) There is hereby created in the Department of Corrections the Privately Operated Institutions Inmate Welfare Trust Fund. The purpose of the trust fund shall be the benefit and welfare of inmates incarcerated in private correctional facilities under contract with the department pursuant to this chapter or chapter 957. Moneys shall be deposited in the trust fund and expenditures made from the trust fund as provided in s. 945.215.
(2) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.
History.—s. 1, ch. 98-386; s. 2, ch. 2002-109; s. 7, ch. 2004-248; s. 8, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.73 - State-Operated Institutions Inmate Welfare Trust Fund.

944.73 State-Operated Institutions Inmate Welfare Trust Fund.—
(1) The State-Operated Institutions Inmate Welfare Trust Fund is created within the Department of Corrections. The purpose of the trust fund is to benefit and provide for the welfare of inmates incarcerated in state-operated correctional facilities.
(2) Moneys shall be deposited and the expenditures made from the trust fund as provided in s. 945.215.
(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.
(4) In accordance with s. 19(f), Art. III of the State Constitution, the State-Operated Institutions Inmate Welfare Trust Fund, unless terminated sooner, shall be terminated on July 1, 2024. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).
History.—s. 1, ch. 2020-97; s. 4, ch. 2023-244.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.802 - Direct-Support Organization; Definition; Use of Property; Board of Directors; Audit.

944.802 Direct-support organization; definition; use of property; board of directors; audit.—
(1) DEFINITION.—For the purpose of this section, the term “direct-support organization” means an organization:
(a) That is a corporation not for profit that is incorporated under chapter 617, exempted from filing fees, and approved by the Department of State;
(b) Organized and operated to conduct programs and activities; initiate developmental projects; raise funds; request and receive grants, gifts, and bequests of moneys; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the Department of Corrections or individual units of the state correctional system;
(c) Determined by the Department of Corrections to be consistent with the priority issues and objectives of the Department of Corrections and in the best interest of the state; and
(d) Approved in writing by the Secretary of Corrections to operate for the direct or indirect benefit of the Department of Corrections or individual units of the state correctional system. Such approval shall be in a letter of agreement from the Department of Corrections.
(2) USE OF PROPERTY.—
(a) The Department of Corrections may permit, without charge, appropriate use of fixed property and facilities of the state correctional system by a direct-support organization subject to this section. Such use must be directly in keeping with the approved purpose of the direct-support organization and may not be made at times or places that would unreasonably interfere with opportunities for inmates and staff to use the areas for established purposes.
(b) The Department of Corrections may prescribe by rule any condition with which a direct-support organization shall comply in order to use fixed property or facilities of the state correctional system.
(c) The Department of Corrections shall not permit the use of any fixed property or facilities of the Department of Corrections by a direct-support organization that does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.
(3) ANNUAL AUDIT.—The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.
History.—s. 11, ch. 96-312; s. 132, ch. 2001-266; s. 27, ch. 2014-96; s. 1, ch. 2018-143.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.8031 - Inmate’s Family Visitation; Legislative Intent; Minimum Services Provided to Visitors; Budget Requests.

944.8031 Inmate’s family visitation; legislative intent; minimum services provided to visitors; budget requests.—
(1) The Legislature finds that maintaining an inmate’s family and community relationships through enhancing visitor services and programs and increasing the frequency and quality of the visits is an underutilized correctional resource that can improve an inmate’s behavior in the correctional facility and, upon an inmate’s release from a correctional facility, will help to reduce recidivism.
(2) The department shall provide, at a minimum, the following services at designated visiting areas for approved visitors in state correctional facilities:
(a) Information relating to applicable visiting regulations, dress codes, and visiting procedures.
(b) A sheltered area, outside the security perimeter, for visitors waiting before and after visiting inmates.
(c) Food services with food choices which are nutritious and acceptable for children and youth visitors.
(d) Minimal equipment and supplies which assist staff and visitors in managing and occupying the time and meeting the needs of children and youth visitors.
(3) Upon determining any deficiencies and barriers to the effective and efficient operation of the department’s visitation program and services, the secretary shall submit annual budget requests identifying capital improvements, staffing, and programmatic needs necessary to improve the quality and frequency of family visits and the visitation program and services.
History.—s. 13, ch. 99-271.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.8041 - Elderly Offenders; Annual Review.

944.8041 Elderly offenders; annual review.—For the purpose of providing information to the Legislature on elderly offenders within the correctional system, the department and the Correctional Medical Authority shall each submit annually a report on the status and treatment of elderly offenders in the state-administered and private state correctional systems and the department’s geriatric facilities and dorms. In order to adequately prepare the reports, the department shall grant access to the Correctional Medical Authority that includes access to the facilities, offenders, and any information the agencies require to complete their reports. The review shall also include an examination of promising geriatric policies, practices, and programs currently implemented in other correctional systems within the United States. The reports, with specific findings and recommendations for implementation, shall be submitted to the President of the Senate and the Speaker of the House of Representatives on or before December 31 of each year.
History.—s. 3, ch. 2000-214; s. 8, ch. 2004-248; s. 2, ch. 2006-32; s. 11, ch. 2010-64; s. 9, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.01 - Definitions.

945.01 Definitions.—As used herein, the following terms shall have the meanings ascribed to them unless the context shall clearly indicate otherwise:
(1) “Correctional system” means all prisons and other correctional institutions now existing or hereafter created under the jurisdiction of the department.
(2) “Department” means the Department of Corrections.
(3) “Secretary” means the Secretary of Corrections.
(4) “Reception center” means a temporary custodial institution for offenders committed to the department for classification and assignment to an appropriate institution in the correctional system.
History.—s. 1, ch. 57-213; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 283, ch. 71-377; s. 68, ch. 77-120; s. 77, ch. 79-3.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.025 - Jurisdiction of Department.

945.025 Jurisdiction of department.—
(1) The Department of Corrections shall have supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to the following facilities and programs for the imprisonment, correction, and rehabilitation of adult offenders:
(a) Department of Corrections adult correctional institutions;
(b) Department of Corrections youthful offender institutions;
(c) Department of Corrections Mental Health Treatment Facility;
(d) Department of Corrections Probation and Restitution Center;
(e) Department of Corrections community correctional centers; and
(f) Department of Corrections vocational centers.
(2) In establishing, operating, and using these facilities, the department shall attempt, whenever possible, to avoid the placement of nondangerous offenders who have potential for rehabilitation with repeat offenders or dangerous offenders. Medical, mental, and psychological problems must be diagnosed and treated whenever possible. The Department of Children and Families and the Agency for Persons with Disabilities shall cooperate to ensure the delivery of services to persons under the custody or supervision of the department. If the department intends to transfer a prisoner who has a mental illness or intellectual disability to the Department of Children and Families or the Agency for Persons with Disabilities, an involuntary commitment hearing shall be held in accordance with chapter 393 or chapter 394.
(3) There shall be other correctional facilities, including detention facilities of varying levels of security, work-release facilities, and community correctional facilities, halfway houses, and other approved community residential and nonresidential facilities and programs; however, no adult correctional facility may be established by changing the use and purpose of any mental health facility or mental health institution under the jurisdiction of any state agency or department without authorization in the General Appropriation Act or other approval by the Legislature. Any community residential facility may be deemed a part of the state correctional system for purposes of maintaining custody of offenders, and for this purpose the department may contract for and purchase the services of such facilities.
(4) Nothing contained in chapter 287 shall be construed as requiring competitive bids for health services involving examination, diagnosis, or treatment.
History.—s. 1, ch. 57-317; s. 1, ch. 67-99; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 26, ch. 74-112; s. 14, ch. 75-49; s. 1, ch. 76-232; s. 69, ch. 77-120; s. 475, ch. 77-147; s. 6, ch. 77-312; s. 78, ch. 79-3; s. 8, ch. 80-374; s. 1, ch. 83-46; s. 2, ch. 83-346; s. 6, ch. 87-87; s. 76, ch. 87-226; s. 313, ch. 99-8; s. 65, ch. 2006-227; s. 41, ch. 2013-162; s. 323, ch. 2014-19.
Note.—Former s. 965.01(1).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.0311 - Employment of Relatives.

945.0311 Employment of relatives.—
(1) For the purposes of this section, the term:
(a) “Department” means the Department of Corrections.
(b) “Relative” means an individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(c) “Organizational unit” includes:
1. A unit of a state correctional institution such as security, medical, dental, classification, maintenance, personnel, or business. A work camp, boot camp, or other annex of a state correctional institution is considered part of the institution and not a separate unit.
2. An area of a regional office such as personnel, medical, administrative services, probation and parole, or community facilities.
3. A correctional work center, road prison, or work release center.
4. A probation and parole circuit office or a suboffice within a circuit.
5. A bureau of the Office of the Secretary or of any of the assistant secretaries.
(d) “Line of authority” means any position having supervisory authority within the direct chain of command or supervisory path that organizationally links any position in the department to the secretary.
(e) “Direct supervision” means being an employee’s immediate supervisor, or the rater or reviewer of the employee’s performance.
(2) In the interest of security and effective management, the department may adopt rules prohibiting the employment of relatives in the same organizational unit or in positions in which one employee would be in the line of authority over the other or under the direct supervision of the other.
History.—s. 25, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.035 - Notice of Employment, Appointment, or Separation; Response by the Correctional Officer; Duty of Department.

945.035 Notice of employment, appointment, or separation; response by the correctional officer; duty of department.—
(1) For the purposes of this section, the term “commission” refers to the Criminal Justice Standards and Training Commission.
(2) Pursuant to s. 943.139, the department shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any correctional officer. The department must maintain the form and submit, or electronically transmit, a copy of the form to the commission. “Separation from employment or appointment” includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any correctional officer.
(3) In a case of separation from employment or appointment, the department shall execute and maintain an affidavit-of-separation form adopted by the commission, setting forth in detail the facts and reasons for such separation. A copy of the affidavit-of-separation form must be submitted, or electronically transmitted, to the commission. If the correctional officer is separated for failure to comply with s. 943.13, the notice must so specify. The affidavit must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. Any correctional officer who has separated from employment or appointment must be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as the officer understands them.
(4) Before employing or appointing any correctional officer, the department must contact the commission to inquire as to the facts and reasons an officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the department all information that is required under subsections (2) and (3) and that is in its possession.
(5) An administrator of the department who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s. 768.095.
History.—s. 53, ch. 96-312; s. 13, ch. 2019-113.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.04 - Department of Corrections; General Function; Seal; Use of Inmate Labor.

945.04 Department of Corrections; general function; seal; use of inmate labor.—
(1) The Department of Corrections shall be responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system.
(2) The Department of Corrections may adopt an official seal to be used for the purpose of authenticating its official documents and for such other purposes as the department prescribes.
(3) The Department of Corrections shall maximize the use of inmate labor in the construction of inmate housing and the conduct of all maintenance projects so that such activities provide work opportunities for the optimum number of inmates in the most cost-effective manner.
History.—s. 4, ch. 57-213; s. 18, ch. 61-530; s. 71, ch. 77-120; s. 80, ch. 79-3; s. 8, ch. 85-288; s. 26, ch. 95-283; s. 19, ch. 97-93; s. 12, ch. 97-227.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.041 - Reports.

945.041 Reports.—The department shall publish on its website and make available to the public the following information, updated on a quarterly basis:
(1) Inmate admissions by offense type. Burglary of dwelling offenses under s. 810.02(2) and (3)(a) and (b) shall be reported as a separate category from all other property crimes.
(2) The recidivism rate. As used in this subsection, the term “recidivism” means an inmate’s rearrest, reconviction, reincarceration, or probation revocation in the state within a 3-year time period following the inmate’s release from incarceration.
History.—s. 8, ch. 2018-127.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.043 - Department-Operated Day Care Services.

945.043 Department-operated day care services.—
(1) The department shall have the authority to establish and operate child care services for department employees. Child care enhances the department’s ability to recruit and retain employees in remote or understaffed areas. Child care centers must be located on or adjacent to the grounds of an institution or facility, and must be located outside the grounds of the compound area where inmates are housed. Individuals utilizing the child care services are not limited to employees of the department. Employees of other state agencies may also utilize department-operated day care centers. Furthermore, individual day care centers may enter into consortium agreements with their local city or county governments or the Federal Government, permitting centers to admit the children of those city, county, and Federal Government employees. Employees and other individuals who utilize the child care services shall be charged a fee for such services.
(2) The department is exempt from the requirements of s. 110.151.
History.—s. 12, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.047 - Licensing Requirements for Physicians, Osteopathic Physicians, and Chiropractic Physicians Employed by the Department.

945.047 Licensing requirements for physicians, osteopathic physicians, and chiropractic physicians employed by the department.—
(1) The Department of Corrections shall employ only physicians, osteopathic physicians, or chiropractic physicians holding licenses in good standing to practice medicine in this state, except that, by October 1, 1980, no more than 10 percent of the total number of such physicians employed by the department may be exempted from the provisions of this subsection. Each such exempted physician shall hold a valid license to practice medicine, osteopathic medicine, or chiropractic medicine in another state and shall have been certified by the appropriate board as eligible for admission for examination in this state under chapter 458, chapter 459, or chapter 460, as applicable. The appropriate board shall not certify as eligible for admission for examination any person who has been adjudged unqualified or guilty of any of the acts enumerated in the disciplinary provisions contained in chapter 458, chapter 459, or chapter 460, as applicable.
(2) No person subject to the provisions of this section shall, by virtue of his or her continued employment in accordance with such provisions, be in violation of the unauthorized practice provisions of chapter 458, chapter 459, or chapter 460 during such period of employment.
History.—s. 3, ch. 79-302; s. 1662, ch. 97-102; s. 66, ch. 97-264; s. 299, ch. 98-166.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.0913 - Inmates Prohibited From Driving State-Owned Vehicles to Transport Inmates in a Work-Release Program.

945.0913 Inmates prohibited from driving state-owned vehicles to transport inmates in a work-release program.—An inmate may not drive a state-owned vehicle for the purpose of transporting inmates who are participating in a work-release program authorized in s. 945.091(1)(b).
History.—s. 2, ch. 2003-141.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.092 - Limits on Work-Release and Minimum Security Custody for Persons Who Have Committed the Crime of Escape.

945.092 Limits on work-release and minimum security custody for persons who have committed the crime of escape.—A person who has ever been convicted, regardless of adjudication, of the offense of escape, as prohibited by s. 944.40 or its successor, or as prohibited by a similar law of another state, is not eligible for any work-release program under s. 945.091 or for confinement in minimum security conditions.
History.—s. 29, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.21501 - Employee Benefit Trust Fund.

945.21501 Employee Benefit Trust Fund.—
(1) There is hereby created in the Department of Corrections the Employee Benefit Trust Fund. The purpose of the trust fund shall be to:
(a) Construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Any facility constructed using funds from the Employee Benefit Trust Fund is the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.
(b) Provide funding for employee appreciation programs and activities designed to enhance the morale of employees.
Moneys shall be deposited in the trust fund as provided in s. 945.215.
(2) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.
(3) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.
History.—s. 1, ch. 98-384; s. 2, ch. 2002-110; s. 4, ch. 2007-210.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.21503 - Federal Grants Trust Fund.

945.21503 Federal Grants Trust Fund.—
(1) The Federal Grants Trust Fund is created within the Department of Corrections.
(2) The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds.
History.—s. 1, ch. 2006-20; s. 2, ch. 2009-29.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.2151 - Verifying Social Security Numbers.

945.2151 Verifying social security numbers.—Prior to opening a canteen account pursuant to s. 945.215, an inmate who is eligible to receive a social security number must report his or her social security number. The department shall, in adherence with its agreement with the Social Security Administration and in a timely manner, submit sufficient and necessary information to verify that the reported inmate’s social security number is accurate and properly belongs to the inmate. If the Social Security Administration is unable to verify a reported social security number for an inmate, the department shall prohibit canteen purchases by the inmate if the department concludes that the inmate was deceptive in reporting the social security number. The prohibition against purchasing canteen items will remain in effect until a verified social security number is obtained.
History.—s. 49, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.25 - Records.

945.25 Records.—
(1) It shall be the duty of the Department of Corrections to obtain and place in its records information as complete as practicable on every person who may be sentenced to supervision or incarceration under the jurisdiction of the department. Such information shall be obtained as soon as possible after imposition of sentence and shall, in the discretion of the department, include, among other things:
(a) A copy of the indictment or information and a complete statement of the facts of the crime for which such person has been sentenced.
(b) The court in which the person was sentenced.
(c) The terms of the sentence.
(d) The name of the presiding judge, the prosecuting officers, the investigating officers, and the attorneys for the person convicted.
(e) A copy of all probation reports which may have been made.
(f) Any social, physical, mental, psychiatric, or criminal record of such person.
(2) It shall be the duty of the court and its prosecuting officials to furnish to the department upon its request such information and also to furnish such copies of such minutes and other records as may be in their possession or under their control.
(3) Following the initial hearing provided for in s. 947.172(1), the commission shall prepare and the department shall include in the official record a copy of the seriousness-of-offense and favorable-parole-outcome scores and shall include a listing of the specific factors and information used in establishing a presumptive parole release date for the inmate.
History.—s. 11, ch. 20519, 1941; ss. 19, 35, ch. 69-106; ss. 81, 87, ch. 77-120; s. 20, ch. 78-417; s. 97, ch. 79-3; s. 57, ch. 88-122; s. 5, ch. 92-310; s. 28, ch. 95-145; s. 26, ch. 2004-335.
Note.—Former s. 947.14(1), (2), (4), and (6).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.27 - Proceedings by Department.

945.27 Proceedings by department.—
(1) Whenever it becomes necessary to increase the number of prison beds by acquiring private property for the construction of new correctional facilities or for the expansion of existing facilities, and the property cannot be acquired by agreement satisfactory to the Department of Corrections and the parties interested in, or the owners of, the private property, the department is hereby empowered and authorized to exercise the right of eminent domain and to proceed to condemn the property in the same manner as provided by law for the condemnation of property.
(2) Any suit or action brought by the said department to condemn property as provided in this section shall be brought in the name of the Department of Corrections, and it shall be the duty of the Department of Legal Affairs to conduct the proceedings for, and to act as counsel for, the said department.
History.—s. 83, ch. 77-120; s. 99, ch. 79-3; s. 2, ch. 94-273; s. 30, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 945 - Department of Corrections › 945.28 - Selection of Probation or Parole Offices by the Department; Public Notice.

945.28 Selection of probation or parole offices by the department; public notice.—
(1) Beginning July 1, 1995, whenever the department is going to enter into a contract for the lease or purchase of a probation and parole office space to be used by the department, the department shall provide notice, by publication in the county in which the office space is to be located, in a newspaper of general circulation in said county, 30 days prior to signing any lease or purchasing any property to be used for office space, that the department intends to lease or purchase such property. The published notice shall include a telephone number whereby interested members of the public may communicate with the department with respect to any questions or input the public may have with regard to the proposed lease or purchase.
(2) When the site of the proposed probation and parole office space is to be located within one quarter mile of a school for children in grade 12 or lower, licensed day care center facility, park, playground, nursing home, convalescent center, hospital, association for disabled population, mental health center, youth center, group home for disabled population or youth, or other place where children or a population especially vulnerable to crime due to age or physical or mental disability regularly congregates, the department shall provide written notification to the county or city administrator in the county or city in which the office space is to be located simultaneously with the newspaper publication.
History.—s. 31, ch. 95-283; s. 1, ch. 97-156.