reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.5025 - Authorization of corporation to enter into contracts.

946.5025 Authorization of corporation to enter into contracts.—The corporation established under this part may enter into contracts to operate correctional work programs with any county or municipal authority that operates a correctional facility or with a contractor authorized under chapter 944 or chapter 957 to operate a private correctional facility. The corporation has the same powers, privileges, and immunities in carrying out such contracts as it has under this chapter.
History.—s. 7, ch. 91-298; s. 2, ch. 96-270; s. 2, ch. 2001-242.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.5026 - Sovereign immunity in tort actions.

946.5026 Sovereign immunity in tort actions.—The provisions of s. 768.28 shall be applicable to the corporation established under this part, which is deemed to be a corporation primarily acting as an instrumentality of the state.
History.—s. 28, ch. 92-310; s. 3, ch. 2001-242.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.503 - Definitions to be used with respect to correctional work programs.

946.503 Definitions to be used with respect to correctional work programs.—As used in this part, the term:
(1) “Corporation” means the private nonprofit corporation established pursuant to s. 946.504(1), or a private nonprofit corporation whose sole member is the private nonprofit corporation established pursuant to s. 946.504(1), and at least 51 percent of the board of which contains members of the board of directors of the private nonprofit corporation established pursuant to s. 946.504(1), to carry out this part.
(2) “Correctional work program” means any program presently a part of the prison industries program operated by the department or any other correctional work program carried on at any state correctional facility presently or in the future, but the term does not include any program authorized by s. 945.091 or s. 946.40.
(3) “Department” means the Department of Corrections.
(4) “Facilities” means the buildings and land used in the operation of an industry program on state property.
(5) “Inmate” means any person incarcerated within any state, county, municipal, or private correctional facility.
(6) “Private correctional facility” means a facility authorized by chapter 944 or chapter 957.
History.—s. 2, ch. 83-209; s. 2, ch. 83-345; s. 2, ch. 84-280; ss. 4, 6, ch. 87-286; s. 3, ch. 96-270; s. 2, ch. 97-227; s. 4, ch. 2001-242.
Note.—Former s. 946.02.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.505 - Reversion upon dissolution of corporation or termination of lease.

946.505 Reversion upon dissolution of corporation or termination of lease.—
(1) In the event the corporation is dissolved or its lease of any correctional work program expires or is otherwise terminated, all property relating to such correctional work program which ceases to function because of such termination or dissolution, including all buildings, land, furnishings, equipment, and other chattels originally leased from the department, as well as any subsequently constructed or otherwise acquired facilities in connection with its continued operation of that program, automatically reverts to full ownership by the department unless the corporation intends to utilize such property in another correctional work program. Such a reversionary ownership interest of the state in any and all such after-acquired facilities by the corporation is in furtherance of the goals established in s. 946.502(4), and such a present ownership interest by the state is a continuing and insurable state interest.
(2) Notwithstanding any provision of subsection (1), the ownership of any permanent enhancements made to facilities or work programs is vested in the department.
History.—s. 2, ch. 83-209; ss. 4, 8, ch. 87-286; s. 8, ch. 94-265; s. 4, ch. 97-227.
Note.—Former s. 946.035.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.506 - Modification or termination of correctional work program by the corporation.

946.506 Modification or termination of correctional work program by the corporation.—This part does not prevent the corporation from modifying, altering, or terminating any correctional work program, once assumed, so long as the corporation is otherwise carrying out the provisions of this part.
History.—s. 2, ch. 83-209; ss. 4, 9, ch. 87-286; s. 5, ch. 96-270; s. 5, ch. 2001-242.
Note.—Former s. 946.041.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.509 - Insurance of property leased or acquired by the corporation.

946.509 Insurance of property leased or acquired by the corporation.—
(1) The State Risk Management Trust Fund created under s. 284.30 shall insure all property eligible for coverage under part I of chapter 284 which is leased by the department to the corporation or which is subsequently acquired and owned or leased by the corporation and subject to the reversionary ownership interest of the state established in s. 946.505.
(2) Coverage under the State Risk Management Trust Fund of property leased to or otherwise acquired by the corporation shall be secured and maintained through the existing policy and account of the Department of Corrections with the Division of Risk Management of the Department of Financial Services. All matters, including premium calculations, assessments and payments, retrospective premium adjustments, reporting requirements, and other requirements, concerning coverage of such property under the State Risk Management Trust Fund shall be conducted as if all such property were owned solely by the department. Except as required by chapter 284, if the corporation finds that it is more economical to do so, the corporation may secure private insurance coverage on all or a portion of the activities of or properties used by the corporation. If coverage through the State Risk Management Trust Fund is not secured, the corporation must present documentation of insurance coverage to the Division of Risk Management equal to the coverage that could otherwise be provided by the State Risk Management Trust Fund.
History.—s. 2, ch. 83-209; ss. 4, 12, ch. 87-286; s. 6, ch. 96-270; s. 65, ch. 96-418; s. 37, ch. 97-93; s. 5, ch. 97-227; s. 24, ch. 2000-122; s. 6, ch. 2001-242; s. 1931, ch. 2003-261.
Note.—Former s. 946.081.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.5095 - Elimination of hazardous conditions.

946.5095 Elimination of hazardous conditions.—Pursuant to the applicable provisions of part I of chapter 284, whenever state-insured property leased to or otherwise held by the corporation is inspected by the Division of Risk Management of the Department of Financial Services and any condition is found to exist which, in the opinion of the division, is hazardous from the standpoint of destruction by fire or other insurable causes, the corporation shall either promptly repair the property to eliminate any observed hazard or otherwise promptly remove the hazardous condition at its own expense.
History.—s. 2, ch. 83-209; s. 1932, ch. 2003-261.
Note.—Former s. 946.082.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.510 - Insurance by Division of Risk Management.

946.510 Insurance by Division of Risk Management.—Pursuant to the applicable provisions of chapter 284, the Division of Risk Management of the Department of Financial Services is authorized to insure the corporation under the same general terms and conditions as the Department of Corrections was insured by the division prior to the corporation leasing the correctional work programs as authorized by this chapter.
History.—s. 2, ch. 85-194; s. 4, ch. 87-286; s. 1933, ch. 2003-261.
Note.—Former s. 946.083.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.511 - Inmate labor to operate correctional work programs.

946.511 Inmate labor to operate correctional work programs.—
(1) Inmates shall be evaluated and identified during the reception process to determine basic literacy, employment skills, academic skills, vocational skills, and remedial and rehabilitative needs. The evaluation shall prescribe education, work, and work-training for each inmate. Assignment to programs shall be based on the evaluation and the length of time the inmate will be in the custody of the department. Assignment to programs shall be reviewed every 6 months to ensure proper placement based on bed space availability. Assignment of inmates shall be governed by the following objectives and priorities:
(a) Inmates shall be assigned to meet the needs of the work requirements of the Department of Corrections, including essential operational functions and revenue-generating contracts.
(b) Inmates shall be assigned to correctional education.
(c) Inmates shall be assigned to meet all other work requirements of the department, including remaining operational functions and nonrevenue-generating contracts.
As used in this subsection, the term “revenue-generating contracts” includes contracts with the Department of Transportation, the corporation authorized to conduct the correctional work programs under this part, the corporation and private sector businesses operating programs authorized under s. 946.523, and federal, state, or local governmental entities or subdivisions authorized under s. 944.10(7).
(2) The corporation shall establish policies and procedures relating to the use of inmates in its correctional work program, which shall be submitted to the department for approval. Any policies and procedures in effect on the effective date of this act do not require approval.
(3) Beginning July 1, 2017, the use of inmates for correctional work programs in the agricultural industry in the Everglades Agricultural Area or in any area experiencing high unemployment rates in the agricultural sector is prohibited. Any lease agreement relating to land in the Everglades Agricultural Area leased to the Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE Enterprises) for an agricultural work program is required to be terminated in accordance with the terms of the lease agreement.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 28, ch. 89-526; s. 2, ch. 91-298; s. 6, ch. 97-227; s. 7, ch. 2001-242; s. 8, ch. 2017-10.
Note.—Former s. 946.09.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.512 - Inmate compensation plan.

946.512 Inmate compensation plan.—The corporation shall establish a compensation plan that provides for a specific amount to be paid to the department to be credited to an account for an inmate performing labor and a portion to be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the Prison Industries Trust Fund to be used as provided in s. 946.522. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the Prison Industries Trust Fund to be used as provided in s. 946.522.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 4, ch. 91-298; s. 7, ch. 97-227; s. 2, ch. 2000-278.
Note.—Former s. 946.10.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.513 - Private employment of inmates; disposition of compensation received.

946.513 Private employment of inmates; disposition of compensation received.—
(1) Notwithstanding the provisions of any other law, an inmate may be employed by the corporation or by any other private entity operating on the grounds of a correctional institution prior to the last 24 months of the inmate’s confinement. Compensation received for such employment shall be credited by the department to an account for the inmate and shall be used to make any court-ordered payments, including restitution to the victim. The department rules shall provide that a portion of such compensation be credited by the department in the manner provided in s. 946.512.
(2) No inmate is eligible for reemployment assistance benefits, whether employed by the corporation or by any other private enterprise operating on the grounds of a correctional institution or elsewhere, when such employment is part of a correctional work program or work-release program of either the corporation or the department.
History.—s. 2, ch. 83-209; s. 76, ch. 85-62; s. 4, ch. 87-286; s. 89, ch. 88-122; s. 5, ch. 91-298; s. 1666, ch. 97-102; s. 8, ch. 97-227; s. 84, ch. 2012-30.
Note.—Former s. 946.11.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.514 - Civil rights of inmates; inmates not state employees; liability of corporation for inmate injuries.

946.514 Civil rights of inmates; inmates not state employees; liability of corporation for inmate injuries.—
(1) Nothing contained in this part is intended to restore in whole or in part the civil rights of inmates.
(2) No inmate compensated under this part or by the corporation or the department shall be considered as an employee of the state, the department, or the corporation.
(3) The corporation is liable for inmate injury to the extent specified in s. 768.28; however, the members of the board of directors are not individually liable to any inmate for any injury sustained in any correctional work program operated by the corporation.
History.—s. 2, ch. 83-209; s. 6, ch. 84-280; ss. 4, 13, ch. 87-286; s. 8, ch. 2001-242.
Note.—Former s. 946.14.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.516 - Corporation status report and annual financial audit report.

946.516 Corporation status report and annual financial audit report.—
(1) The corporation shall submit to the Governor and the Legislature, on or before July 1 of each year, a report on the status of the correctional work programs, including, but not limited to, the proposed use of the profits from such programs, a breakdown of the amount of noninmate labor used, work subcontracted to other vendors, use of consultants, finished goods purchased for resale, and the number of inmates working in the correctional work programs at the time of such report. In addition, the corporation shall submit to the department, the Governor, the Legislature, and the Auditor General an annual financial audit report and such other information as may be requested by the Legislature, together with recommendations relating to provisions for reasonable tax incentives to private enterprises which employ inmates, parolees, or former inmates who have participated in correctional work programs.
(2) The department shall include, as a portion of its annual report, a report on postrelease job placement and the rate of subsequent contact with the correctional system for those inmates who have participated in the correctional work programs operated by the corporation and by the department.
(3) The corporation shall have an annual financial audit of its accounts and records by an independent certified public accountant retained by it and paid from its funds. The Auditor General or the director of the Office of Program Policy Analysis and Government Accountability may, pursuant to his or her own authority or at the direction of the Joint Legislative Auditing Committee, conduct an audit of the corporation.
(4) The corporation shall be governed by the generally accepted accounting principles as established by the Financial Accounting Standards Board (FASB) in order to carry out the intent of s. 946.502(2) and (5).
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 29, ch. 89-526; s. 8, ch. 96-270; s. 15, ch. 99-333; s. 9, ch. 2001-242.
Note.—Former s. 946.18.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.517 - Corporation records.

946.517 Corporation records.—Corporation records are public records; however, proprietary confidential business information shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, the Legislature, the Chief Financial Officer, and the Governor, pursuant to their oversight and auditing functions, shall have access to all proprietary confidential business information upon request and without subpoena and shall retain the confidentiality of information so received. “Proprietary confidential business information” means information regardless of form or characteristics, that is owned or controlled by the corporation; is intended to be and is treated by the corporation as private and the disclosure of the information would cause harm to the corporation’s business operations; has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, a legislative proceeding pursuant to s. 5, Art. III of the State Constitution, or a private agreement that provides that the information may be released to the public; and, which is information regarding:
(1) Internal auditing controls and reports of internal auditors.
(2) Matters reasonably encompassed in privileged attorney-client communications.
(3) Security measures, systems, or procedures.
(4) Information concerning bids or other contractual data, banking records, and credit agreements, the disclosure of which would impair the efforts of the corporation to contract for goods or services on favorable terms.
(5) Information relating to private contractual data, the disclosure of which would impair the competitive interest of the provider of the information.
(6) Corporate officer, employee personnel, or inmate worker information unrelated to compensation, duties, qualifications, or responsibilities.
History.—s. 2, ch. 83-209; s. 4, ch. 87-286; s. 1, ch. 94-331; s. 450, ch. 96-406; s. 1934, ch. 2003-261.
Note.—Former s. 946.19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.518 - Sale of goods made by prisoners; when prohibited, when permitted.

946.518 Sale of goods made by prisoners; when prohibited, when permitted.—Goods, wares, or merchandise manufactured or mined in whole or in part by prisoners (except prisoners on parole or probation) may not be sold or offered for sale in this state by any person or by any federal authority or state or political subdivision thereof; however, this section does not forbid the sale, exchange, or disposition of such goods within the limitations set forth in s. 946.515, s. 946.523, or s. 946.524.
History.—ss. 1, 2, ch. 19277, 1939; CGL 1940 Supp. 8135(61); s. 24, ch. 57-1; s. 1, ch. 61-180; s. 1, ch. 63-176; ss. 19, 35, ch. 69-106; s. 77, ch. 77-120; s. 90, ch. 79-3; s. 4, ch. 83-209; ss. 4, 15, ch. 87-286; s. 9, ch. 96-270; s. 45, ch. 96-312; s. 10, ch. 97-227; s. 18, ch. 2000-155; s. 10, ch. 2001-242.
Note.—Former ss. 959.02, 945.14, 946.20.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.520 - Assignment of inmates by Department of Corrections.

946.520 Assignment of inmates by Department of Corrections.—
(1) The department shall exert its best efforts to assign inmates to the corporation, or the private sector business authorized under this part, who have not less than 1 nor more than 5 years remaining before their tentative release dates. Beginning January 1, 1998, the department shall maintain the assignment of at least 60 percent of inmates to all correctional work programs collectively to the corporation, or to the private sector business authorized under this part, who have less than 10 years remaining before their tentative release dates. This 60-percent requirement does not apply to any correctional work program, or private sector business authorized under this part, within an institution for any year in which, as of January 1 of that year, the average years remaining before the tentative release date of all inmates assigned to that institution exceeds 12 years.
(2) The department may not remove an inmate once assigned to the corporation or to the private sector business authorized under this part, except upon request of or consent of such corporation or private sector business or for the purposes of population management, for inmate conduct that may subject the inmate to disciplinary confinement or loss of gain-time, or for security and safety concerns specifically set forth in writing to the corporation or private sector business.
History.—s. 11, ch. 97-227; s. 11, ch. 2001-242.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.522 - Prison Industries Trust Fund.

946.522 Prison Industries Trust Fund.—
(1) The Prison Industries Trust Fund is created, to be administered by the Department of Financial Services. The trust fund shall consist of moneys authorized to be deducted pursuant to 18 U.S.C. s. 1761(c) and the applicable federal guidelines, to be appropriated by the Legislature, and moneys deposited by the corporation authorized under this part to manage and operate correctional work programs. The appropriated funds shall be used by the corporation for purposes of construction or renovation of its facilities or for the expansion or establishment of correctional work programs as described in this part or for prison industries enhancement (PIE) programs as authorized under s. 946.523.
(2) The funds must be deposited in the State Treasury and may be paid out only on warrants drawn by the Chief Financial Officer upon receipt of a corporate resolution that has been duly authorized by the board of directors of the corporation authorized under this part to manage and operate correctional work programs. The corporation shall maintain all necessary records and accounts relative to such funds.
(3) The trust fund is exempt from s. 215.20.
(4) 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 that year and shall be available for carrying out the purposes of the trust fund.
(5) Pursuant to s. 19(f)(3), Art. III of the State Constitution, the trust fund consists of assets held by the state, in a trustee capacity, as an agent or fiduciary for the corporation authorized under this part, and is not subject to termination under s. 19(f)(2), Art. III of the State Constitution.
History.—s. 1, ch. 2000-278; s. 1935, ch. 2003-261.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.523 - Prison industry enhancement (PIE) programs.

946.523 Prison industry enhancement (PIE) programs.—
(1) The corporation may operate or contract with the private sector for substantial involvement in a prison industry enhancement (PIE) program that includes, but is not limited to, contracts for the operation of a direct private sector business within a prison and the hiring of inmates. Any contract authorized by this subsection must be in compliance with federal law governing inmate work programs and must not result in the significant displacement of employed workers in the community. The purposes and objectives of this program are to:
(a) Increase the benefits to the general public by reimbursing the state for a portion of the costs of incarceration.
(b) Provide purposeful work for inmates.
(c) Increase job skills.
(d) Provide additional opportunities for rehabilitating inmates who are otherwise ineligible to work outside the prisons, such as maximum security inmates.
(e) Develop and establish new models for prison-based businesses that create jobs approximating conditions of private sector employment.
(f) Draw upon the economic base of operations for deposit into the Crimes Compensation Trust Fund.
(g) Substantially involve the private sector and its capital, management skills, and expertise in the design, development, and operation of businesses.
(h) Provide the financial basis for an inmate to contribute to the support of his or her family.
(i) Provide for the payment of state and federal taxes on an inmate’s wages, which are paid at the rate of the prevailing or minimum wage rate.
(j) Provide savings for the inmate to have available for his or her use upon the inmate’s eventual release from prison.
(2) Notwithstanding any other law to the contrary, including s. 440.15(8), private sector employers shall provide workers’ compensation coverage to inmates who participate in prison industry enhancement (PIE) programs under subsection (1). However, inmates are not entitled to reemployment assistance benefits.
History.—s. 9, ch. 99-260; s. 38, ch. 2003-412; s. 85, ch. 2012-30.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 946 - Inmate Labor and Correctional Work Programs › Part II - Leased or Managed Work Programs (Ss. 946.501-946.525) › 946.524 - Corporation work camps.

946.524 Corporation work camps.—
(1) The corporation may establish work camps that the corporation maintains and operates in accordance with chapter 951.
(2) The corporation may designate appropriate land that is owned or leased by the corporation, or may use state, county, or municipal land, as the site of the proposed facility. Any state lands used for the purposes authorized by this section must obtain prior approval of the Board of Trustees of the Internal Improvement Trust Fund. The work camps operated by the corporation may use inmates who are incarcerated in county or municipal jails for labor in correctional work programs or prison industry enhancement programs authorized by s. 946.523, and the corporation may enter into contracts to operate the work camps in accordance with s. 946.5025.
History.—s. 10, ch. 99-260.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.001 - Short Title.

947.001 Short title.—This chapter shall be known and may be cited as the “Objective Parole Guidelines Act of 1978.”
History.—s. 2, ch. 78-417; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.002 - Intent.

947.002 Intent.—
(1) It is the purpose of this chapter to establish an objective means for determining and establishing parole dates for inmates.
(2) Objective parole criteria will be designed to give primary weight to the seriousness of the offender’s present criminal offense and the offender’s past criminal record. In considering the risk of recidivism, practice has shown that the best predictor is prior record.
(3) The chair shall be the agency head. While the commission is responsible for making decisions on the granting and revoking of parole, the chair shall establish, execute, and be held accountable for all administrative policy decisions. The routine administrative decisions are the full responsibility of the chair.
(4) Hearing examiners are assigned on the basis of caseload needs as determined by the chair.
(5) It is the intent of the Legislature that the decision to parole an inmate from the incarceration portion of the inmate’s sentence is an act of grace of the state and shall not be considered a right.
History.—s. 1, ch. 78-417; s. 1, ch. 81-322; s. 2, ch. 82-171; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 3, ch. 93-61; s. 1667, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.005 - Definitions.

947.005 Definitions.—As used in this chapter, unless the context clearly indicates otherwise:
(1) “Authority” means the Control Release Authority.
(2) “Child care facility” has the same meaning as provided in s. 402.302.
(3) “Commission” means the Florida Commission on Offender Review.
(4) “Department” means the Department of Corrections.
(5) “Effective parole release date” means the actual parole release date as determined by the presumptive parole release date, satisfactory institutional conduct, and an acceptable parole plan.
(6) “Park” has the same meaning as provided in s. 775.215.
(7) “Playground” has the same meaning as provided in s. 775.215.
(8) “Presumptive parole release date” means the tentative parole release date as determined by objective parole guidelines.
(9) “Provisional release date” means the date projected for the prisoner’s release from custody as determined pursuant to
1
s. 944.277.
(10) “Qualified practitioner” means a social worker, a mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490.
(11) “Risk assessment” means an assessment completed by an independent qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child.
(12) “Safety plan” means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child’s parent or legal guardian, and, when appropriate, the child, which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender.
(13) “School” has the same meaning as provided in s. 775.215.
(14) “Secretary” means the Secretary of Corrections.
(15) “Tentative release date” means the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited pursuant to s. 944.275(3)(a).
History.—s. 3, ch. 78-417; s. 101, ch. 79-3; s. 2, ch. 81-322; s. 34, ch. 83-131; ss. 24, 37, ch. 86-183; ss. 14, 66, 67, ch. 88-122; s. 1, ch. 89-526; ss. 11, 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1, ch. 2005-67; s. 7, ch. 2007-200; s. 8, ch. 2007-209; s. 9, ch. 2010-92; s. 40, ch. 2014-191.
1
Note.—Repealed by s. 32, ch. 93-406.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.01 - Florida Commission on Offender Review; Creation; Number of Members.

947.01 Florida Commission on Offender Review; creation; number of members.—A Florida Commission on Offender Review is created to consist of six members who are residents of the state. Effective July 1, 1996, the membership of the commission shall be three members.
History.—s. 1, ch. 20519, 1941; s. 1, ch. 63-83; s. 1, ch. 65-453; s. 30, ch. 74-112; s. 84, ch. 77-120; s. 1, ch. 77-174; s. 4, ch. 78-417; s. 102, ch. 79-3; ss. 23, 34, ch. 83-131; s. 13, ch. 85-288; ss. 25, 37, ch. 86-183; s. 4, ch. 87-300; ss. 15, 67, ch. 88-122; s. 17, ch. 89-531; ss. 9, 20, ch. 90-337; s. 1, ch. 93-2; s. 39, ch. 95-283; s. 12, ch. 96-422; s. 41, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.021 - Florida Commission on Offender Review; Expedited Appointments.

947.021 Florida Commission on Offender Review; expedited appointments.—Whenever the Legislature decreases the membership of the commission, all terms of office shall expire, notwithstanding any law to the contrary. Under such circumstances, the Governor and Cabinet shall expedite the appointment of commissioners. Notwithstanding the parole qualifications committee procedure in s. 947.02, members shall be directly appointed by the Governor and Cabinet. Members appointed to the commission may be selected from incumbents. Members shall be certified to the Senate by the Governor and Cabinet for confirmation, and the membership of the commission shall include representation from minority persons as defined in s. 288.703.
History.—s. 14, ch. 96-422; s. 43, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.03 - Commissioners; Tenure and Removal.

947.03 Commissioners; tenure and removal.—
(1) Upon the expiration of the term of any member of the commission, a successor shall be appointed by the Governor and Cabinet for a term of 6 years, unless otherwise provided by law. No person is eligible to be appointed for more than two consecutive 6-year terms.
(2) Vacancies in the membership of the commission shall be filled by the Governor and Cabinet for the unexpired term in the manner provided for in s. 947.02.
(3) Each member appointed by the Governor and Cabinet is accountable to the Governor and Cabinet for the proper performance of the duties of his or her office. The Governor and Cabinet may remove from office any such member for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, or permanent inability to perform official duties or for pleading guilty or nolo contendere to, or being found guilty of, a felony. All such removals shall be submitted to the Senate for its consent as provided by the constitution.
History.—s. 1, ch. 20519, 1941; s. 3, ch. 65-453; s. 6, ch. 69-216; s. 33, ch. 69-106; s. 1, ch. 79-42; ss. 25, 34, ch. 83-131; ss. 26, 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; ss. 10, 20, ch. 90-337; s. 1, ch. 93-2; s. 15, ch. 96-422; s. 1870, ch. 97-102; s. 5, ch. 2000-328.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.045 - Federal Grants Trust Fund.

947.045 Federal Grants Trust Fund.—The Federal Grants Trust Fund is hereby created, to be administered by the Florida Commission on Offender Review.
(1) Funds to be credited to the trust fund shall consist of receipts from federal grants and shall be used for the various purposes for which the federal funds were intended.
(2) 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.
History.—s. 1, ch. 2005-90; s. 2, ch. 2009-27; s. 44, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.05 - Seal.

947.05 Seal.—The commission shall adopt an official seal of which the courts shall take judicial notice.
History.—s. 3, ch. 20519, 1941; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.06 - Meeting; When Commission May Act.

947.06 Meeting; when commission may act.—The commission shall meet at regularly scheduled intervals and from time to time as may otherwise be determined by the chair. The making of recommendations to the Governor and Cabinet in matters relating to modifications of acts and decisions of the chair as provided in s. 947.04(1) shall be by a majority vote of the commission. No prisoner shall be placed on parole except as provided in ss. 947.172 and 947.174 by a panel of no fewer than two commissioners appointed by the chair. All matters relating to the granting, denying, or revoking of parole shall be decided in a meeting at which the public shall have the right to be present. Victims of the crime committed by the inmate shall be permitted to make an oral statement or submit a written statement regarding their views as to the granting, denying, or revoking of parole. Persons not members or employees of the commission or victims of the crime committed by the inmate may be permitted to participate in deliberations concerning the granting and revoking of paroles only upon the prior written approval of the chair of the commission. To facilitate the ability of victims and other persons to attend commission meetings, the commission shall meet in various counties including, but not limited to, Broward, Duval, Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the location chosen being as close as possible to the location where the parole-eligible inmate committed the offense for which the parole-eligible inmate was sentenced. The commission shall adopt rules governing the oral participation of victims and the submission of written statements by victims.
History.—s. 4, ch. 20519, 1941; s. 1, ch. 23757, 1947; s. 7, ch. 78-417; s. 3, ch. 79-42; s. 34, ch. 83-131; ss. 28, 37, ch. 86-183; s. 10, ch. 88-96; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 16, ch. 90-211; ss. 20, 22, ch. 90-337; s. 1, ch. 93-2; ss. 1668, 1669, ch. 97-102; ss. 171, 172, ch. 2008-4; s. 44, ch. 2010-117.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.07 - Rules.

947.07 Rules.—The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 for its governance, including among other things rules of practice and procedure and rules prescribing qualifications to be possessed by its employees.
History.—s. 27, ch. 20519, 1941; s. 1, ch. 23757, 1947; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 228, ch. 98-200.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.071 - Rulemaking Procedures; Indexing of Orders.

947.071 Rulemaking procedures; indexing of orders.—
(1) It is the intent of the Legislature that all rulemaking procedures by the commission be conducted pursuant to the Administrative Procedure Act, chapter 120.
(2) The only final orders of the commission which shall be indexed pursuant to chapter 120 are:
(a) Orders granting parole.
(b) Orders revoking parole.
(c) Orders restoring to supervision.
(d) Orders releasing from custody and further supervision.
(e) Early parole termination orders.
(f) Orders granting conditional release.
(g) Orders revoking conditional release.
History.—s. 34, ch. 74-112; s. 4, ch. 82-171; s. 34, ch. 83-131; s. 37, ch. 86-183; ss. 17, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.10 - Business and Political Activity Upon Part of Members and Full-Time Employees of Commission.

947.10 Business and political activity upon part of members and full-time employees of commission.—No member of the commission and no full-time employee thereof shall, during her or his service upon or under the commission, engage in any other business or profession or hold any other public office, nor shall she or he serve as the representative of any political party, or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association or be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise. However, this shall not be deemed to exclude the appointment of the Secretary of Corrections to the commission under the terms and conditions set forth in this chapter.
History.—s. 7, ch. 20519, 1941; s. 32, ch. 74-112; s. 85, ch. 77-120; s. 103, ch. 79-3; s. 34, ch. 83-131; ss. 30, 37, ch. 86-183; ss. 60, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1670, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.11 - Legal Adviser.

947.11 Legal adviser.—The Department of Legal Affairs shall be the legal adviser of the commission.
History.—s. 8, ch. 20519, 1941; ss. 11, 35, ch. 69-106; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.12 - Members, Employees, Expenses.

947.12 Members, employees, expenses.—
(1) The members of the commission and its employees shall be reimbursed for travel expenses as provided in s. 112.061. All bills for expenses shall be properly receipted, audited, and approved and forwarded to the Chief Financial Officer and shall be paid in a manner and form as the bills for the expenses of the several departments of the state government are paid. All expenses, including salaries and other compensation, shall be paid from the General Revenue Fund and within the appropriation as fixed therefor by the Legislature. Such expenses shall be paid by the Chief Financial Officer upon proper warrants drawn upon vouchers and requisitions approved by the commission.
(2) The members of the examining board created in s. 947.02 shall each be paid per diem and travel expenses pursuant to s. 112.061 when traveling in the performance of their duties.
History.—s. 9, ch. 20519, 1941; s. 1, ch. 22864, 1945; s. 1, ch. 24033, 1947; s. 8, ch. 57-401; s. 19, ch. 63-400; s. 6, ch. 82-171; s. 34, ch. 83-131; s. 17, ch. 85-61; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1937, ch. 2003-261.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.13 - Powers and Duties of Commission.

947.13 Powers and duties of commission.—
(1) The commission shall have the powers and perform the duties of:
(a) Determining what persons shall be placed on parole, subject to the provisions of ss. 947.172 and 947.174.
(b) Fixing the time and conditions of parole, as provided in this chapter.
(c) Determining whether a person has violated parole and taking action with respect to such a violation.
(d) Making such investigations as may be necessary.
(e) Reporting to the Board of Executive Clemency the circumstances, the criminal records, and the social, physical, mental, and psychiatric conditions and histories of persons under consideration by the board for pardon, commutation of sentence, or remission of fine, penalty, or forfeiture.
(f) Establishing the terms and conditions of persons released on conditional release under s. 947.1405, and determining subsequent ineligibility for conditional release due to a violation of the terms or conditions of conditional release and taking action with respect to such a violation.
(g) As the Control Release Authority, determining what persons will be released on control release under s. 947.146, establishing the time and conditions of control release, if any, and determining whether a person has violated the conditions of control release and taking action with respect to such a violation.
(h) Determining what persons will be released on conditional medical release under s. 947.149, establishing the conditions of conditional medical release, and determining whether a person has violated the conditions of conditional medical release and taking action with respect to such a violation.
(2)(a) The commission shall immediately examine records of the department under s. 945.25, and any other records which it obtains, and may make such other investigations as may be necessary.
(b) The Department of Children and Families and all other state, county, and city agencies, sheriffs and their deputies, and all peace officers shall cooperate with the commission and the department and shall aid and assist them in the performance of their duties.
History.—s. 10, ch. 20519, 1941; s. 1, ch. 72-256; ss. 86, 87, ch. 77-120; s. 476, ch. 77-147; s. 9, ch. 78-417; s. 104, ch. 79-3; s. 7, ch. 82-171; s. 34, ch. 83-131; s. 2, ch. 85-295; ss. 31, 37, ch. 86-183; ss. 18, 67, ch. 88-122; s. 46, ch. 89-526; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 4, ch. 93-61; s. 320, ch. 99-8; s. 52, ch. 2004-335; s. 329, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.147 - Victim Restitution as Condition of Control Release.

947.147 Victim restitution as condition of control release.—If the defendant is released under control release, any restitution ordered under s. 775.089 shall be a condition of such release. The Control Release Authority may revoke the offender’s control release if the defendant fails to comply with such order. In determining whether to revoke control release, the Control Release Authority shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.
History.—s. 1, ch. 91-167; s. 8, ch. 93-37.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole › 947.15 - Reports.

947.15 Reports.—On or before January 1 of each year, the commission shall make a written report to the Governor and Cabinet of its activities together with a full and detailed financial statement, copies of which shall be sent to the Department of Legal Affairs and to such other officials and persons as the commission may deem advisable. One copy of said report shall become a part of the records of the commission.
History.—s. 28, ch. 20519, 1941; ss. 11, 33, 35, ch. 69-106; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.