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Florida Statutes, Title XLVII

Florida/Statutes

← All Florida coverage

Title XLVII, Criminal Procedure and Corrections

42 chapters · 1,219 sections in this title.

All chapters in Title XLVII1,219 Ch 943, Department of Law Enforcement163 Ch 985, Juvenile Justice; Interstate Compact…111 Ch 944, State Correctional System103 Ch 945, Department of Corrections53 Ch 941, Corrections: Interstate Cooperation49 Ch 905, Grand Jury43 Ch 947, Florida Commission on Offender Revie…42 Ch 948, Probation and Community Control42 Ch 921, Sentence38 Ch 960, Victim Assistance38 Ch 903, Bail37 Ch 901, Arrests and Temporary Detentions36 Ch 951, County and Municipal Prisoners35 Ch 946, Inmate Labor and Correctional Work P…33

1,219 sections·Filtered byTitle XLVII✕

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…

Showing 801–850 of 1,219

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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.”History.—s. 1, ch. 82-224; s. 29, ch. 84-361.

Fla. Stat. § 945.41 Mental health treatment for inmates; legislative intent of ss. 945.40-945.49

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(1) INTENT.—It is the intent of the Legislature that:(a) Inmates in the custody of the department who have a mental illness receive an evaluation and appropriate treatment for their mental illness through a continuum of outpatient and inpatient mental health treatment and service…

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 an inpatient level of care that is less restrictive and intens…

Fla. Stat. § 945.43 Involuntary examination

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(1) If there is reason to believe that an inmate has a mental illness and the inmate is in need of care and treatment, the inmate’s treating clinician may refer the inmate to a mental health treatment facility for an involuntary examination. Upon referral, the warden of the facil…

Fla. Stat. § 945.44 Placement and treatment of an inmate in a mental health treatment facility

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(1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT.—(a) 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.(b) An inmate may receive involuntary treatment for which the inmate is unable or has refused t…

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 placed in a mental health treatment facility 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…

Fla. Stat. § 945.48 Emergency treatment orders and use of force

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(1) EMERGENCY MEDICATION.—The department is authorized to involuntarily administer psychotropic medication to an inmate on an emergency basis without following the procedure outlined in s. 945.43 only as specified in this section. An emergency treatment order for psychotropic med…

Fla. Stat. § 945.485 Management and treatment for self-injurious behaviors

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(1) The Legislature finds that nonsuicidal self-injurious behaviors in correctional institutions, or acts intended to cause bodily harm but not death, have increased in the correctional environment. Self-injurious behavior may include nonsuicidal self-injury or self-mutilation, s…

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 shall adopt rules necessary for administration of ss…

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.History.—s…

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. § 945.6402 Inmate health care advance directives

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(1) DEFINITIONS.—The terms used in this section have the same meanings as in s. 765.101 unless otherwise specified in this section. For purposes of this section, the term:(a) “Health care facility” has the same meaning as in s. 765.101 and includes any correctional institution or…

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.History.—s. 24, ch. 9…

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…

Fla. Stat. § 945.74 Implementation

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The department shall implement the inmate training program to the fullest extent feasible within the parameters of ss. 945.71-945.74.History.—s. 27, ch. 92-310; s. 89, ch. 2000-158.

Fla. Stat. § 946.002 Requirement of labor; compensation; amount; crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to compensation insurance benefits

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(1)(a) The department shall require of every able-bodied prisoner imprisoned in any institution as many hours of faithful labor in each day and every day during his or her term of imprisonment as shall be prescribed by the rules of the department. Every able-bodied prisoner class…

Fla. Stat. § 946.205 Institutional work

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The department may cause to be cultivated by the inmates of the adult correctional institutions that are under the control and supervision of the department such food items as are grown on farms or in gardens generally, and as are needed and used in the state institutions. The de…

Fla. Stat. § 946.25 Sale of hobbycrafts by prisoners

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When, in the planning of the rehabilitation program of the Department of Corrections through its recreational facilities, plans are made for prisoners to engage in hobbies and hobbycrafts after their normal working hours and when they are not required by the warden of a state pri…

Fla. Stat. § 946.31 Sources of fund

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If any general service operation of an institution is transferred to the work program operation by the Department of Corrections, all assets and liabilities of such operation shall become a part of the Correctional Work Program Trust Fund. All income, receipts, earnings, and prof…

Fla. Stat. § 946.32 Use of fund

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Except as otherwise provided by law, the funds shall be used for the purposes of financing the operation of inmate work programs herein set forth, and all costs of operation of such work programs shall be paid from this fund, including compensation of all personnel whose time or …

Fla. Stat. § 946.33 Disbursements from fund

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The funds in the Correctional Work Program Trust Fund shall be deposited in the State Treasury and paid out only on warrants drawn by the Chief Financial Officer, duly approved by the Department of Corrections. The department shall maintain all necessary records and accounts rela…

Fla. Stat. § 946.40 Use of prisoners in public works

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(1) The Department of Corrections shall, subject to the availability of funds appropriated for that purpose, and, in the absence of such funds, may, enter into agreements with such political subdivisions in the state, as defined by s. 1.01(8), including municipalities; with such …

Fla. Stat. § 946.41 Promotion of inmate work programs; safety signage

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The department shall, to the extent possible and within existing resources, promote inmate work programs to the public which may include any or all of the following: signs clearly displayed which identify inmate work crews as inmates working in the community under the supervision…

Fla. Stat. § 946.42 Use of inmates on private property

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(1) The department may allow inmates who meet the criteria provided in s. 946.40 to enter onto private property to perform public works or for the following purposes:(a) To accept and collect donations for the use and benefit of the department.(b) To assist federal, state, local,…

Fla. Stat. § 946.501 Findings of fact

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(1) It is the finding of the Legislature that correctional work programs of the Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the work programs provide inmates with useful …

Fla. Stat. § 946.502 Legislative intent with respect to operation of correctional work programs

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(1) It is the intent of the Legislature that a nonprofit corporation lease and manage the correctional work programs of the Department of Corrections.(2) It is further the intent of the Legislature that, once one such nonprofit corporation is organized, no other nonprofit corpora…

Fla. Stat. § 946.5025 Authorization of corporation to enter into contracts

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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 contractor-operate…