reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.324 - Rapid DNA Grant Program for County Jails or Sheriffs’ Offices.

943.324 Rapid DNA Grant Program for county jails or sheriffs’ offices.—
(1) There is created within the department the Rapid DNA Grant Program to award grants to county jails or sheriffs’ offices to support local law enforcement agencies in the processing and expediting of DNA samples as defined in, and in support of the statewide DNA database under, s. 943.325.
(2) The department shall annually award to county jails or sheriffs’ offices any funds specifically appropriated for the grant program to cover expenses related to the purchasing of DNA testing machines and other necessary supplies. Grants must be provided to county jails or sheriffs’ offices if funds are appropriated for that purpose by law. The total amount of grants awarded may not exceed funding appropriated for the grant program.
(3) The department may establish criteria and set specific time periods for the acceptance of applications and for the selection process for awarding grant funds.
History.—s. 1, ch. 2023-234.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.3251 - Postsentencing DNA Testing.

943.3251 Postsentencing DNA testing.—
(1) When a court orders postsentencing DNA testing of physical evidence, pursuant to s. 925.11, the Florida Department of Law Enforcement or its designee shall carry out the testing.
(2) The cost of such testing may be assessed against the sentenced defendant, pursuant to s. 925.11, unless he or she is indigent.
(3) The results of postsentencing DNA testing shall be provided to the court, the sentenced defendant, and the prosecuting authority.
History.—s. 2, ch. 2001-97.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.33 - State-Operated Criminal Analysis Laboratories.

943.33 State-operated criminal analysis laboratories.—
(1) The state-operated laboratories shall furnish laboratory service upon request to law enforcement officials in the state. The testing services of such laboratories by persons employed by or acting on behalf of the department shall also be available to any defendant in a criminal case upon showing of good cause and upon order of the court with jurisdiction in the case. When such service is to be made available to the defendant, the order shall be issued only after motion by the defendant and hearing held after notice with a copy of the motion being served upon the prosecutor and the state-operated laboratory from which the service is being sought.
(2) For purposes of this section, “good cause” means a finding by the court that the laboratory testing service being sought by the defendant is anticipated to produce evidence that is relevant and material to the defense; that the service sought is one which is reasonably within the capacity of the state-operated laboratory, will not be unduly burdensome upon the laboratory, will not impede normal daily laboratory operations, will not negatively impact laboratory certifications or equipment calibration, and does not violate the laboratory’s national certification or accreditation standards; and that the service cannot be obtained from any qualified private or nonstate operated laboratory within the state or otherwise reasonably available to the defense.
(3) This section does not authorize the presence of defense experts or others representing the defense inside a state-operated laboratory facility where actual testing or analysis is occurring and does not authorize the use of state-operated laboratory equipment or facilities by defense experts or other persons not employed by or acting on the behalf of the department.
(4) The court shall assess the costs of all testing, equipment operation, and personnel and any other costs directly attributable to the court-ordered testing to the defendant or the defendant’s counsel, whether public, private, or pro bono, who obtained the testing order. The laboratory providing the service ordered shall include with the report of the analysis, comparison, or identification a statement of the costs of the service provided and shall provide a copy of all reports and analysis performed and cost statement being provided to the prosecutor in the case and the court.
History.—s. 4, ch. 74-362; s. 16, ch. 98-251; s. 35, ch. 2013-116.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.34 - Powers and Duties of Department in Relation to State-Operated Laboratories.

943.34 Powers and duties of department in relation to state-operated laboratories.—The department shall exercise full operational control of the state-operated laboratories and shall exercise, among others, the power and duty to:
(1) Establish the organizational structure of such laboratories to include the designation of the geographical regions which the laboratories shall serve.
(2) Establish policy and procedures to be employed by the laboratories.
(3) Promote coordination, cooperation, and standardization between the various state-operated laboratories.
(4) Promote cooperation between the state-operated laboratories and other criminal analysis laboratories in the state in order to achieve a coordinated statewide system of criminal analysis laboratory services to serve all geographic areas of the state.
(5) Establish standards of education and experience for professional and technical personnel employed by the state-operated laboratories.
(6) Adopt internal procedures for the review and evaluation of state-operated laboratory services.
History.—s. 5, ch. 74-362.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.35 - Funding for Existing Laboratories.

943.35 Funding for existing laboratories.—
(1) The following existing criminal analysis laboratories are eligible for receipt of state funding:
(a) The Broward County Sheriff’s Crime Laboratory;
(b) The Miami-Dade Police Department Crime Laboratory;
(c) The Indian River Crime Laboratory;
(d) The Palm Beach County Crime Laboratory; and
(e) The Pinellas County Forensic Laboratory.
(2) The state shall provide funding not to exceed 75 percent of the actual operating cost of such laboratories previously enumerated. The state shall base the funding only on that portion of the current year’s actual operating budget, as approved by the county commission or public unit authorized to grant fiscal appropriations, which is from local contributions. The funds provided by the state to each laboratory shall be applied toward the current year’s actual operating budget to arrive at an authorized percentage of state funding for the fiscal year. At the close of the fiscal year the state funding shall be compared to the actual laboratory expenditures. Any state funds provided in excess of the authorized percentage shall be returned to the state. The following functions are not to be considered laboratory operations for the purpose of appropriating state funds:
(a) Identification photography;
(b) Identification of fingerprints, other than latent;
(c) Polygraph;
(d) Electronic surveillance; and
(e) Medical examiners.
History.—s. 6, ch. 74-362; s. 2, ch. 84-22; s. 2, ch. 87-159; s. 3, ch. 88-324; s. 21, ch. 98-94; s. 170, ch. 2008-4.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.36 - Submission of Annual Budget.

943.36 Submission of annual budget.—
(1) For the purpose of providing state funding, each laboratory designated in s. 943.35 shall submit to the Department of Law Enforcement, on or before October 15 of each year, a written report containing the following:
(a) The actual operating costs of the immediate prior fiscal year.
(b) The operating budget approved by the county commission for the fiscal year in progress.
(c) Workload data, including, but not limited to, the volume of casework received and completed by type and sources of workload by law enforcement agency.
(2) Prior year actual and current operating cost data shall include an itemization of the eligible expenditures required for the laboratory submitting it. The report shall indicate the portion of operating expenses funded by local or federal funds and specify the amount of the local appropriation to be used as the basis for computing the state’s maximum 75 percent funding contribution.
(3) The form of such reports shall be prescribed by the Department of Law Enforcement.
(4) The department shall provide for an annual audit process of the actual operating expenditures to verify their accuracy and compliance with excluded functions and provisions specified in s. 943.35(2) and to ensure that local laboratories are serving the needs of criminal justice agencies within their jurisdiction.
(5) Laboratories which are partially funded by the state shall continue to be locally operated but shall provide services when possible to any law enforcement official upon request.
History.—s. 7, ch. 74-362; s. 145, ch. 79-190; s. 6, ch. 88-324; s. 2, ch. 2004-249.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.361 - Statewide Criminal Analysis Laboratory System; Funding Through Fine Surcharges.

943.361 Statewide criminal analysis laboratory system; funding through fine surcharges.—
(1) Funds deposited pursuant to ss. 938.055 and 938.07 for the statewide criminal analysis laboratory system shall be used for state reimbursements to local county-operated crime laboratories enumerated in s. 943.35(1), and for the equipment, health, safety, and training of member crime laboratories of the statewide criminal analysis laboratory system.
(2) Moneys deposited pursuant to ss. 938.055 and 938.07 for the statewide criminal analysis laboratory system shall be appropriated by the Legislature in accordance with the provisions of chapter 216 and with the purposes stated in subsection (1).
History.—s. 9, ch. 88-324; s. 62, ch. 88-381; s. 5, ch. 90-111; s. 6, ch. 94-107; s. 42, ch. 97-271; s. 3, ch. 2012-125.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.362 - Forfeiture and Investigative Support Trust Fund.

943.362 Forfeiture and Investigative Support Trust Fund.—
(1) There is created the Forfeiture and Investigative Support Trust Fund into which the department may deposit revenues received as a result of state or federal criminal proceedings, other than revenues deposited into the department’s Federal Law Enforcement Trust Fund under s. 943.365.
(2) Moneys in the fund shall be appropriated by the Legislature, pursuant to the provisions of chapter 216, for purposes deemed appropriate by the Legislature. Notwithstanding any other provision of law, no funds shall be expended from the Forfeiture and Investigative Support Trust Fund unless specifically appropriated by the Legislature.
History.—s. 2, ch. 82-239; s. 12, ch. 85-224; s. 3, ch. 98-387.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.365 - Federal Law Enforcement Trust Fund.

943.365 Federal Law Enforcement Trust Fund.—
(1) The Federal Law Enforcement Trust Fund is created within the Department of Law Enforcement. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.
(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. 98-387; s. 2, ch. 2002-114.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.366 - Federal Grants Trust Fund.

943.366 Federal Grants Trust Fund.—
(1) The Federal Grants Trust Fund is created within the Department of Law Enforcement.
(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. 2006-22; s. 2, ch. 2009-30.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.367 - Administrative Trust Fund.

943.367 Administrative Trust Fund.—
(1) The Administrative Trust Fund is created within the Department of Law Enforcement.
(2) The fund is established for use as a depository for funds to be used for management activities that are departmentwide in nature and funded by indirect cost earnings or assessments against trust funds. Moneys to be credited to the trust fund include indirect cost reimbursements from grantors, administrative assessments against trust funds, interest earnings, and other appropriate administrative fees.
(3) 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. 2006-21; s. 2, ch. 2009-26.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.37 - Option to Become State-Operated Laboratory; Operational Control.

943.37 Option to become state-operated laboratory; operational control.—
(1) Those laboratories specified in s. 943.35 may submit to the Department of Law Enforcement a request to become state-operated laboratories. Such request shall include an offer to convey to the state the laboratory facility, including the physical plant, fixtures, equipment, and property on which such facility is located.
(2) The Department of Law Enforcement shall evaluate the request and make a determination based on the crime laboratory needs of the state. If the department concurs with the request, a plan for the transfer of the laboratory shall be jointly developed between representatives of the department and the chief of such laboratory or his or her designated representative. Such transfer plan shall include:
(a) A provision to allow any employee of such laboratory to maintain his or her position, or a position with comparable duties, with no decrease in pay for a reasonable transition period.
(b) A provision specifying the duration of the transition period.
(c) A provision to ensure that there shall be no reduction in the level of services provided by the laboratory during the transition period. Implementation of the transfer plan is conditioned upon the approval of the Governor through inclusion of the expenses entailed in such transfer in his or her budget recommendations to the Legislature and the Legislature approving such recommendation.
(3) At such time as the state assumes the full financial responsibility for the operation of the laboratory, the Department of Law Enforcement will assume operational control, subject to the provisions of the transfer plan. The laboratory facility, including the physical plant, fixtures, equipment, and property on which such facility is located, shall be conveyed to the state upon assumption of full financial responsibility by the state.
History.—ss. 8, 9, ch. 74-362; s. 2, ch. 78-347; s. 1641, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.44353 - Automatic Notification of Registration Information Regarding Sexual Predators and Offenders.

943.44353 Automatic notification of registration information regarding sexual predators and offenders.—
(1) No later than January 1, 2008, the department shall develop and maintain a system to provide automatic notification of registration information regarding sexual predators and sexual offenders to the public.
(2) In accordance with the federal Adam Walsh Child Protection and Safety Act of 2006, schools, public housing agencies, agencies responsible for conducting employment-related background checks under s. 3 of the National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as amended, social service entities responsible for protecting minors in the child welfare system, volunteer organizations in which contact with minors or other vulnerable individuals might occur, and any other such organization, company, or individual shall have access to the notification system.
History.—s. 4, ch. 2007-209.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.60 - Definitions.

943.60 Definitions.—For the purposes of ss. 943.60-943.68, the term “Capitol Complex” means that portion of Tallahassee, Leon County, Florida, commonly referred to as the Capitol, the Historic Capitol, the Senate Office Building, the House Office Building, the Knott Building, the Pepper Building, the Holland Building, the Elliot Building, the R.A. Gray Building, and the associated parking garages and curtilage of each, including the state-owned lands and public streets adjacent thereto within an area bounded by and including Calhoun Street, East Pensacola Street, Monroe Street, Jefferson Street, West Pensacola Street, Martin Luther King Jr. Boulevard, and Gaines Street. The term includes the State Capital Circle Office Complex located in Leon County, Florida. The term does not include the Supreme Court Building or the public streets adjacent thereto. The portion of the Capitol Complex existing between and including the Elliot Building and the Holland Building within an area bounded by and including Monroe Street, Gaines Street, Calhoun Street, and East Pensacola Street shall be known as “Memorial Park.”
History.—s. 12, ch. 2002-21; s. 4, ch. 2023-242.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.601 - Preservation of Legislative Powers.

943.601 Preservation of legislative powers.—Except as may be agreed to by the presiding officers of both houses of the Legislature, nothing in this chapter shall limit or otherwise interfere with the rights and powers of the Senate or the House of Representatives, or the officers of either, to direct or command members or committees of the Legislature or legislative employees to attend any meeting or enter any area of the Capitol Complex for a legislative purpose, and the Capitol Police may, as provided by the security plans developed and approved under s. 943.61(4)(a), and upon request of the presiding officer of either house of the Legislature, ensure the ability of any member of the house presided over by such presiding officer to attend to such legislative business without wrongful interference from any person or government entity.
History.—s. 13, ch. 2002-21.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.611 - Director of Capitol Police.

943.611 Director of Capitol Police.—
(1) The executive director of the Department of Law Enforcement shall nominate, no later than 7 days prior to each organization session of the Legislature, an individual to serve as the director of the Capitol Police, who shall serve at the pleasure of the executive director of the Department of Law Enforcement.
(2) Unless discharged by the executive director of the Department of Law Enforcement, the director shall serve until:
(a) A successor has been nominated; or
(b) The director has been nominated for reappointment and the time for obtaining reapproval has expired.
(3) In the event that a nominee is not approved or the director is discharged by the executive director of the department, or the position is otherwise vacant, a successor shall be nominated and approved as provided in subsection (4). No person who has previously been nominated and who failed to obtain approval shall be nominated to serve as the successor.
(4) Each person nominated pursuant to either subsection (1) or subsection (3) must be approved no later than 30 days after the adjournment sine die of the next session of the Legislature, whether organization, regular, or special session, by the Governor and by the House of Representatives and the Senate, in a manner determined by the presiding officer of each house unless an approval process is otherwise provided for in the rules of the respective house.
(5) A nominee shall serve as the acting director until the time for obtaining approval has expired.
(6) At the discretion of the executive director of the department, the director may serve as the director of the unit within the department providing transportation and protective services as set forth in s. 943.68.
History.—s. 15, ch. 2002-21; s. 2, ch. 2005-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.62 - Investigations by the Capitol Police.

943.62 Investigations by the Capitol Police.—
(1) In addition to, and in conjunction with, the other powers and duties specified by law, the Capitol Police shall conduct traffic accident investigations and investigations relating to felonies and misdemeanors occurring within the Capitol Complex. Any matters may be referred to the department’s special agents or inspectors or another appropriate law enforcement agency for further investigation. Such referrals shall include transmittal of records, reports, statements, and all other information relating to such matters.
(2) The Capitol Police shall retain copies of all reports relating to such criminal activity for use in the ongoing firesafety and security plan as required in s. 943.61.
History.—s. 16, ch. 2002-21; s. 3, ch. 2005-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.63 - Arrest by the Capitol Police.

943.63 Arrest by the Capitol Police.—A person arrested by an officer of the Capitol Police shall be delivered to the sheriff of the county in which the arrest takes place unless a notice to appear is issued.
History.—s. 17, ch. 2002-21.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.64 - Ex Officio Agents.

943.64 Ex officio agents.—Law enforcement officers of the Department of Highway Safety and Motor Vehicles, special agents or inspectors of the Department of Law Enforcement, and law enforcement officers of other state agencies, counties, and municipalities are ex officio agents of the Capitol Police, and may, when authorized by the executive director of the department or the executive director’s designee, enforce rules and laws applicable to the powers and duties of the Capitol Police to provide and maintain the security required by ss. 943.61-943.68.
History.—s. 18, ch. 2002-21; s. 4, ch. 2005-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.66 - Rules; Facilities Program, Capitol Police; Traffic Regulation.

943.66 Rules; Facilities Program, Capitol Police; traffic regulation.—The Capitol Police may enforce rules of the Department of Management Services governing the administration, operation, and management of the Facilities Program and regulating traffic and parking at state-owned buildings or on state-owned property and any local ordinance on the violation of such if such rules are not in conflict with any state law or county or municipal ordinance, and are not inconsistent with the other requirements of ss. 943.61-943.68 or any security plan developed and approved thereunder.
History.—s. 19, ch. 2002-21; s. 111, ch. 2003-1.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.67 - Equipment.

943.67 Equipment.—The department is specifically authorized to purchase, sell, trade, rent, lease, and maintain all necessary equipment, uniforms, motor vehicles, communication systems, housing facilities, and office space, and perform any other acts necessary for the proper administration and enforcement of ss. 943.61-943.68 through the Capitol Police, pursuant to part I of chapter 287. The department may prescribe a distinctive uniform to be worn by personnel of the Capitol Police in the performance of their duties pursuant to s. 943.61. The department may prescribe a distinctive emblem to be worn by all officers or guards of the Capitol Police.
History.—s. 20, ch. 2002-21.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.681 - Capitol Police Program; Funding.

943.681 Capitol Police program; funding.—Funds shall be transferred quarterly, beginning July 1, 2002, by the Department of Management Services, from the Supervision Trust Fund, to the Florida Department of Law Enforcement for the purpose of funding the Capitol Police program. Funds are provided from the office space rental receipts assessed to tenant agencies in the Florida Facilities Pool, based on the rental assessment mandated in s. 255.51. Transfers shall be based on the existing rental rate on July 1, 2002, unless otherwise appropriated by the Legislature. Additionally, nothing herein shall limit the Capitol Police from providing for the safety and security needs of the archaeological, archival, and historic treasures and artifacts housed in the Historic Capitol or the R.A. Gray Building, as the official capitol repositories, from funds provided by the Department of State.
History.—s. 3, ch. 2002-21; s. 7, ch. 2005-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.685 - Authority to Purchase Good Will and Promotional Materials.

943.685 Authority to purchase good will and promotional materials.—
(1) The Legislature recognizes that the Department of Law Enforcement functions as one of the state’s primary law enforcement representatives in national and international meetings, conferences, and cooperative efforts. The department often hosts delegates from other federal, state, local, and international agencies and is in a position to function as a representative of the state fostering good will and effective interagency working relationships. It is the intent of the Legislature that the department be allowed, consistent with the dignity and integrity of the state, to purchase and distribute material and items of collection to those with whom the department has contact in meetings, conferences, and cooperative efforts.
(2) In addition to expenditures separately authorized by law, the department may expend not more than $5,000 annually to purchase and distribute promotional materials or items that serve to advance with dignity and integrity the good will of this state and the department and to provide basic refreshments at official functions, seminars, or meetings of the department in which dignitaries or representatives from the Federal Government, other states or nationalities, or other agencies are in attendance.
History.—s. 18, ch. 2006-176.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.686 - Unauthorized Use of Department of Law Enforcement Emblems or Names Prohibited.

943.686 Unauthorized use of Department of Law Enforcement emblems or names prohibited.—
(1) Whoever, except with the written permission of the executive director of the Department of Law Enforcement or as otherwise expressly authorized by the department, knowingly uses the words “Florida Department of Law Enforcement,” the initials “F.D.L.E.” or “FDLE,” or the words “Florida Capitol Police,” or any colorable imitation of such words or initials, or who uses a logo or emblem used by the department in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in any Internet web page or upon any product in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, Internet web page, or product is approved, endorsed, or authorized by the Department of Law Enforcement commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A violation of this section may be enjoined upon suit by the department or the Department of Legal Affairs upon complaint filed in any court of competent jurisdiction.
History.—s. 19, ch. 2006-176.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.6872 - Use of Force Data Collection.

943.6872 Use of force data collection.—Beginning July 1, 2022, each law enforcement agency in the state shall report quarterly to the department data regarding use of force by the law enforcement officers employed by the agency that results in serious bodily injury, death, or discharge of a firearm at a person. The data shall include all information collected by the Federal Bureau of Investigation’s National Use-of-Force Data Collection.
History.—s. 7, ch. 2021-241.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.6873 - Active Assailant Response Policy.

943.6873 Active assailant response policy.—For the protection of all persons in this state, it is necessary and required that every law enforcement agency in this state be prepared to respond to an active assailant event. To be adequately prepared, each law enforcement agency must create and maintain an active assailant response policy.
(1) By October 1, 2023, each law enforcement agency in this state shall have a written active assailant response policy that:
(a) Is consistent with the agency’s response capabilities; and
(b) Includes response procedures specifying the command protocol and coordination with other law enforcement agencies.
(2)(a) The department shall make the model active assailant response policy developed by the Marjory Stoneman Douglas High School Public Safety Commission available on its website. The department may also make available any other policies deemed appropriate by the executive director which may guide a law enforcement agency in developing its active assailant response policy.
(b) Each law enforcement agency must review the model active assailant response policy developed by the Marjory Stoneman Douglas High School Public Safety Commission when developing its active assailant response policy.
(3) Each law enforcement agency shall ensure that all of its sworn personnel have been trained on the agency’s existing active assailant response policy, or that sworn personnel are trained within 180 days after enacting a new or revised policy. Each law enforcement agency must ensure that all of its sworn personnel receive, at minimum, annual training on the active assailant response policy.
(4) By October 1, 2023, each law enforcement agency shall provide written certification to the department from the head of the law enforcement agency verifying that the agency has officially adopted a written active assailant response policy.
(5) By January 1, 2024, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives identifying each law enforcement agency that has not complied with the requirements of this section.
History.—s. 18, ch. 2023-18.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.02 - Definitions.

944.02 Definitions.—The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:
(1) “Commission” means the Florida Commission on Offender Review.
(2) “Correctional system” means all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections.
(3) “Department” means the Department of Corrections.
(4) “Elderly offender” means a prisoner age 50 or older in a state correctional institution or facility operated by the department.
(5) “Lease-purchase agreement” means an installment sales contract which requires regular payments with an interest charge included and which provides that the lessee receive title to the property upon final payment.
(6) “Prisoner” means any person who is under civil or criminal arrest and in the lawful custody of any law enforcement official, or any person committed to or detained in any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department pursuant to lawful authority.
(7) “Secretary” means the Secretary of Corrections.
(8) “State correctional institution” means any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department.
History.—s. 1, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 1, ch. 71-345; s. 283, ch. 71-377; s. 3, ch. 74-112; s. 21, ch. 77-120; s. 34, ch. 79-3; s. 1, ch. 85-340; s. 52, ch. 88-122; s. 1, ch. 2000-214; s. 1, ch. 2002-32; s. 5, ch. 2004-248; s. 33, ch. 2014-191; s. 6, ch. 2023-268.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.0231 - Reduction of Capacity.

944.0231 Reduction of capacity.—
(1) When the population of the state correctional system exceeds 100 percent of its total capacity, as defined in s. 944.023, and remains in excess of 100 percent of total capacity for 21 days, the Governor, pursuant to s. 252.36, may use his or her emergency powers to reduce the population of the state correctional system as follows: The Governor shall inform any federal jurisdiction which has a concurrent or consecutive sentence or any active detainer placed on any prisoner in the state correctional system of his or her intention to transfer custody to that jurisdiction within 30 days. No prisoner shall be so transferred who is convicted of a capital felony in this state nor shall any transfer take place to any county or municipal jurisdiction within the state.
(2) When the inmate population of the state correctional system is projected, based upon the last criminal justice estimating conference, to exceed the total capacity, as defined in s. 944.023, the secretary shall develop a plan to address the projected bed-capacity deficiency. This plan shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives at least 30 days prior to the projected bed-capacity deficit occurring.
History.—s. 39, ch. 93-406; s. 2, ch. 94-111; s. 2, ch. 95-251; s. 1643, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.024 - Adult Intake and Evaluation.

944.024 Adult intake and evaluation.—The state system of adult intake and evaluation shall include:
(1) The performance of pretrial investigation through a decentralized community-based procedure.
(2) Assistance in the evaluation of offenders for diversion from the criminal justice system or referral to residential or nonresidential programs.
(3) The provision of secure detention services for pretrial detainees who are unable to comply with the conditions of release established by the court or who represent a serious threat to the community.
(4) The provision of diagnostic, evaluation, and classification services at the presentence stage to assist the court and the department in planning programs for rehabilitation of convicted offenders.
(5) The performance of postsentence intake by the department. Any physical facility established by the department for the intake and evaluation process prior to the offender’s entry into the correctional system shall provide for specific office and work areas for the staff of the commission. The purpose of such a physical center shall be to combine in one place as many of the rehabilitation-related functions as possible, including pretrial and posttrial evaluation, parole and probation services, vocational rehabilitation services, family assistance services of the Department of Children and Families, and all other rehabilitative and correctional services dealing with the offender.
History.—s. 5, ch. 74-112; s. 13, ch. 75-49; s. 23, ch. 77-120; s. 473, ch. 77-147; s. 309, ch. 99-8; s. 320, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.033 - Community Correctional Centers; Existence; Location; Purpose; Restriction.

944.033 Community correctional centers; existence; location; purpose; restriction.—
(1) A statewide system of correctional facilities is established to be known as “community correctional centers.”
(2) The purpose of these centers is to facilitate the reintegration of state inmates back into the community by means of participation in various work-release, study-release, community service, substance abuse treatment, and other rehabilitative programs.
(3) No person convicted of sexual battery pursuant to s. 794.011 is eligible for placement in any community correctional center.
(4) No facility shall be constructed, leased, or purchased in any county until public hearings have been held in that county. Such public hearings shall be held pursuant to uniform rules adopted by the department.
History.—s. 1, ch. 72-331; s. 1, ch. 83-274; s. 12, ch. 91-225; s. 20, ch. 93-156.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.053 - Forestry Work Camps.

944.053 Forestry Work Camps.—
(1) The Department of Corrections shall operate a system of Forestry Work Camps on sites that are conducive to providing a meaningful work experience by having inmates clean the environment and beautify this state. The Department of Agriculture and Consumer Services shall determine and make available sites for placement of Forestry Work Camps. In addition to sites located by the Department of Agriculture and Consumer Services, the Department of Corrections shall determine sites for placement of Forestry Work Camps.
(2) The Forestry Work Camps shall provide services to the Department of Agriculture and Consumer Services, the Department of Transportation, other state agencies, political subdivisions, and nonprofit corporations by performing public works and engaging in programs to beautify this state. Inmate labor provided pursuant to this act shall be supervised according to the provisions of s. 946.40.
(3) Political subdivisions of the state may provide sites for placement of Forestry Work Camps and are encouraged to provide such sites. The Department of Corrections shall make inmate labor available at no cost to political subdivisions providing sites for placement of Forestry Work Camps.
(4) Forestry Work Camps shall house minimum custody inmates and medium custody inmates who are not serving a sentence for, or who have not been previously convicted of, sexual battery pursuant to s. 794.011.
(5) Due to severe prison overcrowding, the Legislature declares that construction of Forestry Work Camps is necessary to alleviate an emergency situation.
History.—s. 1, ch. 87-286; s. 49, ch. 91-110; s. 38, ch. 2010-117.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.0611 - Department Employees; Personal Vehicle Damage Claims.

944.0611 Department employees; personal vehicle damage claims.—Employees of the Department of Corrections who are required to use their personal vehicles in the performance of their duty may file claims for damages made to their personal vehicles while on official state business. Such claims for reimbursement may be filed with the department at its office in accordance with rules adopted by the department. Such claims shall be limited to an amount for repairs at the insurance deductible amount. The department shall make or cause to be made such investigations as it considers necessary in respect to such claims.
History.—s. 14, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.08 - Commitment to Custody of Department; Venue of Institutions.

944.08 Commitment to custody of department; venue of institutions.—
(1) The words “penitentiary,” “state prison,” or “state prison farm,” whenever the same are used in any of the laws of this state, as a place of confinement or punishment for a crime, shall be construed to mean and refer to the custody of the Department of Corrections within the state correctional system, which shall include facilities operated by private entities with which the department enters into contracts pursuant to s. 944.105.
(2) For the purposes of all judicial proceedings, the institutions of the state correctional system and the precincts thereof shall be deemed to be within and part of the county in which they are situated, and the courts of such counties or circuits shall have jurisdiction of all crimes and offenses committed therein.
History.—s. 6, ch. 57-121; s. 18, ch. 61-530; s. 32, ch. 77-120; s. 42, ch. 79-3; s. 2, ch. 85-340.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.091 - United States Prisoners, Board Authorized.

944.091 United States prisoners, board authorized.—The department is authorized upon request to board prisoners of the United States committed to their custody by any agency of the United States if such prisoners have less than 6 months remaining of their federal sentence, and if such prisoners have family relationships or job opportunities in this state, on a space-available basis only. Daily compensation for the board of such prisoners shall be paid at a rate to be mutually agreed upon by the department and the appropriate United States agency. Such compensation is to recover the total maintenance cost of such prisoners which shall be not less than the average cost per inmate per day for all inmates confined by the department.
History.—s. 1, ch. 69-240; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 34, ch. 77-120; s. 44, ch. 79-3.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.096 - Budget Requests for Residential Facility Construction; Estimates; Appropriations; Population in Excess of Capacity.

944.096 Budget requests for residential facility construction; estimates; appropriations; population in excess of capacity.—
(1) Beginning October 1, 1983, all legislative budget requests for the construction of additional residential facilities in the Department of Corrections shall utilize the estimates of the Criminal Justice Estimating Conference. The estimates shall be based on current legal and constitutional standards and be accompanied by a supporting projected estimate of the inmate population for the period covered by the budget request. Each estimate shall include, but shall not be limited to, consideration of the following factors:
(a) Current law.
(b) Current sentencing practices.
(c) Current parole practices.
(d) Current Department of Corrections program rules.
(2) The Legislature shall accept the projected estimate from the Criminal Justice Estimating Conference as accurate, but it is not obligated to fund any budget based on the estimate. The Legislature may elect to modify any programs, practices, or procedures listed in subsection (1) and, based on a revised estimate of the impact of these modifications by the Criminal Justice Estimating Conference, adjust the level of required funding accordingly. Alternatively, the Legislature may elect to offset the need for funding the construction of residential facilities to meet the projected need through the establishment of programs alternative to incarceration.
(3) In the event the inmate population exceeds the total capacity of the residential facilities provided by the Legislature pursuant to this section, the control release procedures as defined in s. 947.146 shall apply.
(4) As used in this section, the term:
(a) “Criminal Justice Estimating Conference” means the designated professional staffs of the Governor’s office, the Legislature, and the Supreme Court who meet in regularly scheduled meetings chaired by the state economist or the state economist’s designee to forecast inmate and caseload counts and other information needed to support the state budgeting process.
(b) “Total capacity” of the state correctional system as defined in s. 944.023(1)(b).
(c) “State correctional system” means the system as defined in s. 944.02.
History.—ss. 3, 4, ch. 83-131; s. 2, ch. 87-234; s. 14, ch. 89-531; s. 9, ch. 92-47; s. 78, ch. 95-211; s. 3, ch. 95-251; s. 1644, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.11 - Department to Regulate Admission of Books.

944.11 Department to regulate admission of books.—
(1) The department shall regulate the admission of educational and other reading matter within the state institutions for the use of the prisoners, and for the proper observance of days of religious significance within the institutions and for the proper instruction of the prisoners in their basic moral and religious duties.
(2) The department shall have the authority to prohibit admission of reading materials or publications with content which depicts sexual conduct as defined by s. 847.001 or presents nudity in such a way as to create the appearance that sexual conduct is imminent. The department shall have the authority to prohibit admission of such materials at a particular state correctional facility upon a determination by the department that such material or publications would be detrimental to the safety, security, order or rehabilitative interests of a particular state correctional facility or would create a risk of disorder at a particular state correctional facility.
History.—s. 9, ch. 57-121; ss. 19, 35, ch. 69-106; s. 36, ch. 77-120; s. 46, ch. 79-3; s. 18, ch. 95-283.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.14 - Supervision of Correctional Institutions; Enforcement of Orders and Regulations.

944.14 Supervision of correctional institutions; enforcement of orders and regulations.—Subject to the orders, policies, and regulations established by the department, it shall be the duty of the wardens to supervise the government, discipline, and policy of the state correctional institutions, and to enforce all orders, rules and regulations.
History.—s. 12, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 39, ch. 77-120; s. 48, ch. 79-3; s. 12, ch. 2000-161.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 944 - State Correctional System › 944.23 - Persons Authorized to Visit State Prisons.

944.23 Persons authorized to visit state prisons.—The following persons shall be authorized to visit at their pleasure all state correctional institutions: The Governor, all Cabinet members, members of the Legislature, judges of state courts, state attorneys, public defenders, and authorized representatives of the commission. No other person not otherwise authorized by law shall be permitted to enter a state correctional institution except under such regulations as the department may prescribe. Permission shall not be unreasonably withheld from those who give sufficient evidence to the department that they are bona fide reporters or writers.
History.—s. 21, ch. 57-121; ss. 19, 35, ch. 69-106; s. 19, ch. 74-112; s. 45, ch. 77-120; s. 54, ch. 79-3.