Chapter 945 — Chapter 945
51 sections in this chapter.
Fla. Stat. § 945.01 Definitions
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As used herein, the following terms shall have the meanings ascribed to them unless the context shall clearly indicate otherwise:(1) “Correctional system” means all prisons and other correctional institutions now existing or hereafter created under the jurisdiction of the departm…
Fla. Stat. § 945.025 Jurisdiction of department
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(1) The Department of Corrections shall have supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to the following facilities and programs for the imprisonment, correction, and rehabilitation of adult…
Fla. Stat. § 945.0311 Employment of relatives
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(1) For the purposes of this section, the term:(a) “Department” means the Department of Corrections.(b) “Relative” means an individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-l…
Fla. Stat. § 945.035 Notice of employment, appointment, or separation; response by the correctional officer; duty of department
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(1) For the purposes of this section, the term “commission” refers to the Criminal Justice Standards and Training Commission.(2) Pursuant to s. 943.139, the department shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or ap…
Fla. Stat. § 945.04 Department of Corrections; general function; seal; use of inmate labor
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(1) The Department of Corrections shall be responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system.(2) The Department of…
Fla. Stat. § 945.041 Reports
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The department shall publish on its website and make available to the public the following information, updated on a quarterly basis:(1) Inmate admissions by offense type. Burglary of dwelling offenses under s. 810.02(2) and (3)(a) and (b) shall be reported as a separate category…
Fla. Stat. § 945.043 Department-operated day care services
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(1) The department shall have the authority to establish and operate child care services for department employees. Child care enhances the department’s ability to recruit and retain employees in remote or understaffed areas. Child care centers must be located on or adjacent to th…
Fla. Stat. § 945.047 Licensing requirements for physicians, osteopathic physicians, and chiropractic physicians employed by the department
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(1) The Department of Corrections shall employ only physicians, osteopathic physicians, or chiropractic physicians holding licenses in good standing to practice medicine in this state, except that, by October 1, 1980, no more than 10 percent of the total number of such physicians…
Fla. Stat. § 945.091 Extension of the limits of confinement; restitution by employed inmates
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(1) The department may adopt rules permitting the extension of the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe that the inmate will honor his or her trust by authorizing the inmate, under prescribed conditions and following inve…
Fla. Stat. § 945.0913 Inmates prohibited from driving state-owned vehicles to transport inmates in a work-release program
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An inmate may not drive a state-owned vehicle for the purpose of transporting inmates who are participating in a work-release program authorized in s. 945.091(1)(b).
Fla. Stat. § 945.092 Limits on work-release and minimum security custody for persons who have committed the crime of escape
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A person who has ever been convicted, regardless of adjudication, of the offense of escape, as prohibited by s. 944.40 or its successor, or as prohibited by a similar law of another state, is not eligible for any work-release program under s. 945.091 or for confinement in minimum…
Fla. Stat. § 945.10 Confidential information
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(1) Except as otherwise provided by law or in this section, the following records and information held by the Department of Corrections are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution:(a)1. Mental health, medical, or …
Fla. Stat. § 945.12 Transfers for rehabilitative treatment
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(1) The Department of Corrections is authorized to transfer substance abuse impaired persons, as defined in chapter 397, and tuberculous or other prisoners requiring specialized services to appropriate public or private facilities or programs for the purpose of providing speciali…
Fla. Stat. § 945.215 Inmate welfare and employee benefit trust funds
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(1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.—(a) The net proceeds from operating inmate canteens, vending machines used primarily by inmates and visitors, hobby shops, and other such facilities must be deposited into the State-Operated Institutions Inmate Welfare Trust Fund o…
Fla. Stat. § 945.21501 Employee Benefit Trust Fund
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(1) There is hereby created in the Department of Corrections the Employee Benefit Trust Fund. The purpose of the trust fund shall be to:(a) Construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees…
Fla. Stat. § 945.21503 Federal Grants Trust Fund
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(1) The Federal Grants Trust Fund is created within the Department of Corrections.(2) The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist o…
Fla. Stat. § 945.2151 Verifying social security numbers
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Prior to opening a canteen account pursuant to s. 945.215, an inmate who is eligible to receive a social security number must report his or her social security number. The department shall, in adherence with its agreement with the Social Security Administration and in a timely ma…
Fla. Stat. § 945.25 Records
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(1) It shall be the duty of the Department of Corrections to obtain and place in its records information as complete as practicable on every person who may be sentenced to supervision or incarceration under the jurisdiction of the department. Such information shall be obtained as…
Fla. Stat. § 945.27 Proceedings by department
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(1) Whenever it becomes necessary to increase the number of prison beds by acquiring private property for the construction of new correctional facilities or for the expansion of existing facilities, and the property cannot be acquired by agreement satisfactory to the Department o…
Fla. Stat. § 945.28 Selection of probation or parole offices by the department; public notice
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(1) Beginning July 1, 1995, whenever the department is going to enter into a contract for the lease or purchase of a probation and parole office space to be used by the department, the department shall provide notice, by publication in the county in which the office space is to b…
Fla. Stat. § 945.31 Restitution and other payments
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The department may establish bank accounts outside the State Treasury for the purpose of collecting and disbursing restitution and other court-ordered payments from persons in its custody or under its supervision, and may collect an administrative processing fee in an amount equa…
Fla. Stat. § 945.35 Requirement for education on human immunodeficiency virus, acquired immune deficiency syndrome, and other communicable diseases
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(1) The Department of Corrections, in conjunction with the Department of Health, shall establish a mandatory introductory and continuing education program on human immunodeficiency virus, acquired immune deficiency syndrome, and other communicable diseases for all inmates. Progra…
Fla. Stat. § 945.355 HIV testing of inmates prior to release
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(1) As used in this section, the term “HIV test” means a test ordered to determine the presence of the antibody or antigen to human immunodeficiency virus or the presence of human immunodeficiency virus infection.(2) If an inmate’s HIV status is unknown to the department, the dep…
Fla. Stat. § 945.36 Law enforcement personnel authorized to conduct drug tests on inmates and releasees
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(1) Any law enforcement officer, state or county probation officer, employee of the Department of Corrections, or employee of a contracted community correctional center who is certified by the Department of Corrections pursuant to subsection (2) may administer a urine screen drug…
Fla. Stat. § 945.40 Corrections Mental Health Act; short title for ss. 945.40-945.49
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Sections 945.40-945.49 shall be known and may be cited as the “Corrections Mental Health Act.”
Fla. Stat. § 945.41 Legislative intent of ss. 945.40-945.49
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It is the intent of the Legislature that mentally ill inmates in the custody of the Department of Corrections receive evaluation and appropriate treatment for their mental illness through a continuum of services. It is further the intent of the Legislature that:(1) Inmates in the…
Fla. Stat. § 945.42 Definitions; ss. 945.40-945.49
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As used in ss. 945.40-945.49, the following terms shall have the meanings ascribed to them, unless the context shall clearly indicate otherwise:(1) “Court” means the circuit court.(2) “Crisis stabilization care” means a level of care that is less restrictive and intense than care…
Fla. Stat. § 945.43 Placement of inmate in a mental health treatment facility
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(1) CRITERIA.—An inmate may be placed in a mental health treatment facility if he or she is mentally ill and is in need of care and treatment, as defined in s. 945.42.(2) PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT FACILITY.—(a) An inmate may be placed in a mental health…
Fla. Stat. § 945.44 Emergency placement of inmate in a mental health treatment facility
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(1) CRITERIA.—An inmate may be placed in a mental health treatment facility on an emergency basis if he or she is mentally ill and in immediate need of care and treatment, as defined in s. 945.42.(2) PROCEDURE FOR EMERGENCY PLACEMENT.—An inmate who is mentally ill and in immediat…
Fla. Stat. § 945.45 Continued placement of inmates in mental health treatment facilities
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(1) CRITERIA.—An inmate may be retained in a mental health treatment facility if he or she is mentally ill and continues to be in need of care and treatment, as defined in s. 945.42.(2) PROCEDURE.—(a) The warden shall, prior to the expiration of the period during which the treatm…
Fla. Stat. § 945.46 Initiation of involuntary placement proceedings with respect to a mentally ill inmate scheduled for release
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(1) If an inmate who is receiving mental health treatment in the department is scheduled for release through expiration of sentence or any other means, but continues to be mentally ill and in need of care and treatment, as defined in s. 945.42, the warden is authorized to initiat…
Fla. Stat. § 945.47 Discharge of inmate from mental health treatment
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(1) An inmate who has been transferred for the purpose of mental health treatment shall be discharged from treatment by the warden under the following conditions:(a) If the inmate is no longer in need of care and treatment, as defined in s. 945.42, he or she may be transferred ou…
Fla. Stat. § 945.48 Rights of inmates provided mental health treatment; procedure for involuntary treatment
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(1) RIGHT TO QUALITY TREATMENT.—An inmate in a mental health treatment facility has the right to receive treatment that is suited to his or her needs and that is provided in a humane psychological environment. Such treatment shall be administered skillfully, safely, and humanely …
Fla. Stat. § 945.49 Operation and administration
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(1) ADMINISTRATION.—The department is authorized to contract with the appropriate entities, agencies, persons, and local governing bodies to provide mental health services pursuant to ss. 945.40-945.49.(2) RULES.—The department, in cooperation with the Mental Health Program Offic…
Fla. Stat. § 945.601 Correctional Medical Authority; ss. 945.601-945.6035, definitions
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As used in this act:(1) “Authority” means the State of Florida Correctional Medical Authority created in this act.(2) “Health care provider” means:(a) A regional research hospital or research center which is authorized by law to provide hospital services in accordance with chapte…
Fla. Stat. § 945.602 State of Florida Correctional Medical Authority; creation; members
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(1) The State of Florida Correctional Medical Authority is created. For administrative purposes, the authority is assigned to the Department of Health. The governing board of the authority shall be composed of seven persons appointed by the Governor, subject to confirmation by th…
Fla. Stat. § 945.603 Powers and duties of authority
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The purpose of the authority is to assist in the delivery of health care services for inmates in the Department of Corrections by advising the Secretary of Corrections on the professional conduct of primary, convalescent, dental, and mental health care and the management of costs…
Fla. Stat. § 945.6031 Required reports and surveys
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(1) Not less than annually, the authority shall report to the Governor and the Legislature the status of the Department of Corrections’ health care delivery system. The report must include, but need not be limited to:(a) Recommendations regarding cost containment measures the Dep…
Fla. Stat. § 945.6032 Quality management program requirements
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(1) The authority shall appoint a medical review committee pursuant to s. 766.101 to provide oversight for the Department of Corrections’ inmate health care quality management program. The authority shall also designate one of its members to serve on the Department of Corrections…
Fla. Stat. § 945.6033 Continuing contracts with health care providers
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The Department of Corrections may enter into continuing contracts with licensed health care providers, including hospitals and health maintenance organizations, for the provision of inmate health care services which the department is unable to provide in its facilities.
Fla. Stat. § 945.6034 Minimum health care standards
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(1) The Assistant Secretary for Health Services is responsible for developing a comprehensive health care delivery system and promulgating all department health care standards. Such health care standards shall include, but are not limited to, rules relating to the management stru…
Fla. Stat. § 945.6035 Dispute resolution
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(1) The authority and the Assistant Secretary for Health Services shall attempt to expeditiously resolve any disputes arising between the authority and the department regarding the physical and mental health care of inmates.(2) If the authority and the Assistant Secretary for Hea…
Fla. Stat. § 945.6036 Enforcement
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(1) If the department fails to substantially comply with the dispute resolution decision of the Administration Commission or fails to implement required remedial action within 45 days after such decision or within the time period set by the Administration Commission, whichever pe…
Fla. Stat. § 945.6037 Nonemergency health care; inmate copayments
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(1)(a) For each nonemergency visit by an inmate to a health care provider which is initiated by the inmate, the inmate must make a copayment of $5. A copayment may not be charged for the required initial medical history and physical examination of the inmate.(b) The copayment for…
Fla. Stat. § 945.6038 Inmate litigation costs
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(1) The department shall charge an inmate for the following and place a lien on the inmate’s trust fund account if the inmate has insufficient funds at the time the charges are imposed:(a) Costs of duplication of documents and accompanying evidentiary materials needed to initiate…
Fla. Stat. § 945.604 Medical claims
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(1) DEFINITION OF “CLAIM.”—As used in this section, for a noninstitutional health care provider the term “claim” means a paper or electronic billing instrument submitted to the department which consists of the HCFA 1500 data set, or its successor, and has all mandatory entries fo…
Fla. Stat. § 945.6041 Inmate medical services
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(1) As used in this section, the term:(a) “Emergency medical transportation services” includes, but is not limited to, services rendered by ambulances, emergency medical services vehicles, and air ambulances as those terms are defined in s. 401.23.(b) “Health care provider” means…
Fla. Stat. § 945.71 Inmate training programs; intent and purposes
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It is the intent of ss. 945.71-945.74 to authorize the establishment of structured disciplinary training programs within the Department of Corrections expressly intended to instill self-discipline, improve work habits, and improve self-confidence for inmates.
Fla. Stat. § 945.72 Eligibility and screening of inmates
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(1) The provisions of ss. 945.71-945.74 apply to all eligible inmates in state correctional institutions.(2) Upon receipt of an inmate into the prison system, the department shall screen the inmate for the training program. To participate, an inmate must have no physical limitati…
Fla. Stat. § 945.73 Inmate training program operation
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(1) The department shall, subject to specific legislative appropriation, develop and implement training programs for eligible inmates which include, but are not limited to, marching drills, calisthenics, a rigid dress code, work assignments, physical training, training in decisio…