The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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F.S. 20.315

20.315 Department of Corrections.—There is created a Department of Corrections.

(1) PURPOSE.—The purpose of the Department of Corrections is to protect the public through the incarceration and supervision of offenders and to rehabilitate offenders through the application of work, programs, and services. The goals of the department shall be:

(a) To protect society by providing incarceration that will support the intentions of established criminal law.

(b) To ensure that inmates work while they are incarcerated and that the department makes every effort to collect restitution and other monetary assessments from inmates while they are incarcerated or under supervision.

(d) To provide a safe and humane environment for offenders and staff in which rehabilitation is possible. This should include the protection of the offender from victimization within the institution and the development of a system of due process, where applicable.

(e) To provide appropriate supervision for offenders released on community supervision, based on public safety risks and offender needs, and, in conjunction with the judiciary, public safety agencies, and local communities, develop safe, community-based alternatives.

(f) To provide programs, which may include academic, vocational, and treatment, to incarcerated offenders and supervised offenders which will prepare them for occupations available in the community.

(g) To provide library services at correctional institutions, which includes general and law library services.

(h) To provide judges with effective evaluative tools and information for use in sentencing decisions.

(i) To provide the level of security in institutions commensurate with the custody requirements and management needs of inmates.

(j) To ensure that the rights and needs of crime victims are recognized and met, including the need for the victim to be timely notified of the release or escape of an inmate.

(2) LEGISLATIVE INTENT.—It is the intent of the Legislature that:

(a) The department focus its attention on the removal of barriers that could prevent the inmate’s successful return to society while supervising and incarcerating offenders at a level of security commensurate with the danger they present to the public.

(b) The department work in partnership with communities in the construction of facilities and the development of programs to offenders.

(c) The department develop a comprehensive program for the treatment of youthful offenders and other special needs offenders committed to the department, including female, elderly, and disabled offenders.

(d) The department pursue partnerships with other governmental entities and private industry for the purpose of furthering mutual goals and expanding work and educational opportunities for offenders.

(3) SECRETARY OF CORRECTIONS.—The head of the Department of Corrections is the Secretary of Corrections. The secretary is appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. The secretary is responsible for planning, coordinating, and managing the corrections system of the state. The secretary shall ensure that the programs and services of the department are administered in accordance with state and federal laws, rules, and regulations, with established program standards, and consistent with legislative intent. The secretary shall identify the need for and recommend funding for the secure and efficient operation of the state correctional system.

(a) The secretary shall appoint a deputy secretary. The deputy secretary shall be directly responsible to the secretary and shall serve at the pleasure of the secretary.

(b) The secretary shall appoint a general counsel and an inspector general, who are exempt from part II of chapter 110 and are included in the Senior Management Service.

(c) The secretary may appoint assistant secretaries, directors, or other such persons that he or she deems are necessary to accomplish the mission and goals of the department, including, but not limited to, the following areas of program responsibility:

1. Security and institutional operations, which shall provide inmate work programs, offender programs, security administration, emergency operations response, and operational oversight of the regions.

2. Health services, which shall be headed by a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459, or a professionally trained health care administrator with progressively responsible experience in health care administration. This individual shall be responsible for the delivery of health services to offenders within the system and shall have direct professional authority over such services.

3. Community corrections, which shall provide for coordination of community alternatives to incarceration and operational oversight of community corrections regions.

4. Administrative services, which shall provide budget and accounting services within the department, including the construction and maintenance of correctional institutions, human resource management, research, planning and evaluation, and technology.

5. Program, transition, and postrelease services, which shall provide for the direct management and supervision of all departmental programs, including the coordination and delivery of education and job training to the offenders in the custody of the department. In addition, this program shall provide for the direct management and supervision of all programs that furnish transition assistance to inmates who are or have recently been in the custody of the department, including the coordination, facilitation, and contract management of prerelease and postrelease transition services provided by governmental and private providers, including faith-based service groups.

(4) REGIONS.—The department shall plan and administer its program of services for community corrections, security, and institutional operations through regions.

(5) ANNUAL REPORTING.—The department shall report annually to the Governor, the President of the Senate, and the Speaker of the House of Representatives recounting its activities and making recommendations for improvements to the performance of the department. The annual report shall include information published under s. 945.041.

(6) DEPARTMENTAL BUDGETS.—

(a) The secretary shall develop and submit annually to the Legislature a comprehensive departmental budget request.

(b) The department, consistent with chapter 216, may transfer, as necessary, funds and positions among budget entities to realign appropriations with the revised budget entity designations. Such authorized revisions must be consistent with the intent of the approved operating budget. The department shall periodically review the appropriateness of the budget entity designations and the adequacy of its delegated authority to transfer funds between entities and submit the reviews to the Governor’s Office of Planning and Budget. To fulfill this responsibility, the secretary shall have the authority to review, amend, and approve the annual budget requests of all departmental activities.

(7) PLACEMENT OF OFFENDERS.—The department shall classify its programs according to the character and range of services available for its clients. The department shall place each offender in the program or facility most appropriate to the offender’s needs, subject to budgetary limitations and the availability of space.

(8) DISCHARGE FROM COMMITMENT.—When the law grants to an agent, officer, or administrator of the Department of Corrections the authority to make a discharge from commitment, such authority shall be vested in the Secretary of Corrections or in any agent who, in his or her discretion, the secretary may authorize.

(9) FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.—All commitments shall state the statutory authority therefor. The Secretary of Corrections shall have the authority to prescribe the form to be used for commitments. This act does not abridge the authority and responsibility of the Florida Commission on Offender Review with respect to the granting and revocation of parole. The Department of Corrections shall notify the Florida Commission on Offender Review of all violations of parole conditions and provide reports connected thereto as may be requested by the commission. The commission shall have the authority to issue orders dealing with supervision of specific parolees, and such orders shall be binding on all parties.

(10) SINGLE INFORMATION AND RECORDS SYSTEM.—Only one offender-based information and records computer system shall be maintained by the Department of Corrections for the joint use of the department and the Florida Commission on Offender Review. The data system shall be managed through the department’s office of information technology. The department shall develop and maintain, in consultation with the Criminal and Juvenile Justice Information Systems Council under s. 943.08, such offender-based information, including clemency administration information and other computer services to serve the needs of both the department and the Florida Commission on Offender Review. The department shall notify the commission of all violations of parole and the circumstances thereof.

(11) TRANSFER OF AUTHORITY.—All statutory functions of the department not otherwise herein assigned to a specific unit of the department are assigned generally to the department and may be allocated and reallocated by the secretary to an authorized unit of the department.

(12) PURCHASE OF SERVICES.—Whenever possible, the department, in accordance with the established program objectives and performance criteria, may contract for the provision of services by counties, municipalities, nonprofit corporations, and other entities capable of providing needed services, if services so provided are more cost-efficient, cost-effective, or timely than those provided by the department or available to it under existing law.

History.—ss. 2, 4, 7, 9, 10, 11, ch. 75-49; s. 1, ch. 77-174; s. 1, ch. 78-53; s. 4, ch. 78-323; s. 6, ch. 79-7; s. 65, ch. 79-190; s. 1, ch. 82-46; s. 1, ch. 82-171; s. 3, ch. 83-85; s. 2, ch. 83-265; s. 1, ch. 85-330; s. 6, ch. 85-340; s. 16, ch. 86-183; s. 1, ch. 87-224; s. 1, ch. 87-298; ss. 1, 28, 84, ch. 88-122; s. 3, ch. 90-247; s. 67, ch. 91-45; s. 2, ch. 91-281; s. 3, ch. 92-173; s. 2, ch. 92-310; s. 7, ch. 93-262; s. 1, ch. 94-117; s. 8, ch. 94-209; s. 1320, ch. 95-147; s. 8, ch. 95-325; s. 1, ch. 96-278; s. 6, ch. 96-388; s. 9, ch. 97-194; ss. 20, 21, ch. 98-136; s. 3, ch. 98-251; s. 8, ch. 99-2; s. 1, ch. 99-271; s. 5, ch. 2001-60; s. 1, ch. 2001-110; s. 1, ch. 2004-248; s. 1, ch. 2006-32; s. 3, ch. 2009-80; s. 2, ch. 2011-50; s. 3, ch. 2014-191; s. 1, ch. 2018-127.

F.S. 20.315 on Google Scholar

F.S. 20.315 on Casetext

Amendments to 20.315

Arrestable Offenses / Crimes under Fla. Stat. 20.315

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 20.315.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HOFFER, v. S. INCH,, 382 F. Supp. 3d 1288 (N.D. Fla. 2019)

. . . See § 20.315(3), Fla. Stat. . . .

KEOHANE, v. JONES,, 328 F. Supp. 3d 1288 (N.D. Fla. 2018)

. . . (citing § 20.315(3), Fla. Stat.). Accordingly, because Ms. . . .

PRISON LEGAL NEWS, A a v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 890 F.3d 954 (11th Cir. 2018)

. . . . § 20.315(1), (1)(d). . . . Stat. § 20.315(3) ("The head of the Department of Corrections is the Secretary of Corrections. ... . . . Stat. § 20.315(3). IV. . . .

HOFFER, v. L. JONES,, 290 F. Supp. 3d 1292 (N.D. Fla. 2017)

. . . See § 20.315(3), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . See section 20.315, Florida Statutes (Supp.1978). . . .

D. CREWS, v. FLORIDA PUBLIC EMPLOYERS COUNCIL AFSCME, 113 So. 3d 1063 (Fla. Dist. Ct. App. 2013)

. . . that the Department intended to enter into the contracts pursuant to the authority granted in section 20.315 . . . Department’s contracting authority is most readily apparent, however, from the explicit language of section 20.315 . . . See § 20.315(12). . . .

AMERICAN HOME ASSURANCE COMPANY, v. NATIONAL RAILROAD PASSENGER CORPORATION,, 908 So. 2d 459 (Fla. 2005)

. . . See, e.g., §§ 20.315, 945.215, Fla. Stat. (2004). . . .

SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 920 So. 2d 638 (Fla. Dist. Ct. App. 2005)

. . . them request for declaratory relief, appellant and Wells specifically alleged that neither section 20.315 . . . The only statutes ever cited as authority for the rule were sections 20.315 and 945.04, Florida Statutes . . . Section 20.315, Florida Statutes, creates the Department of Corrections and defines its organizational . . . If section 20.315(l)(b) were interpreted in the manner set forth by the Department, the Department would . . . As such, the language in section 20.315, relied on by both the Department and the circuit court as providing . . .

WHIPPLE, v. DEPARTMENT OF CORRECTIONS, STATE, 892 So. 2d 554 (Fla. Dist. Ct. App. 2005)

. . . Pursuant to section 20.315, DOC was created as an executive agency. § 20.315, Fla. Stat. (2003). . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . See section 20.315, Florida Statutes (Supp.1978). . . .

FLORIDA CAUCUS OF BLACK STATE LEGISLATORS, INC. d b a v. CROSBY,, 877 So. 2d 861 (Fla. Dist. Ct. App. 2004)

. . . However, the Department is a creature of the Florida Legislature, see § 20.315, Florida Statutes (2002 . . . See § 20.315(3), Fla. Stat. (emphasis added). . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . See section 20.315, Florida Statutes (Supp.1978). . . .

H. PROVENZANO, v. W. MOORE,, 744 So. 2d 413 (Fla. 1999)

. . . See § 20.315(6), Fla. Stat. (1997). . See § 922.105, Fla. Slat. . . .

UNITED STATES v. PENK a k a, 12 F. Supp. 2d 1140 (D. Colo. 1998)

. . . Count I also references § 101-20.315. . . .

M. RAINES, a v. STATE OF FLORIDA, K. Jr. G. D., 987 F. Supp. 1416 (N.D. Fla. 1997)

. . . Specific Authority 20.315, 944.09, 944.275 FS. Law Implemented 20.315, 944.09, 944.275 FS. . . .

JONES, v. STATE, 701 So. 2d 76 (Fla. 1997)

. . . . § 20.315(4)(b)2, Fla. Stat. (1995). . . .

UNITED STATES v. TALBOT, 51 F.3d 183 (9th Cir. 1995)

. . . . § 101-20.315. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . See section 20.315, Florida Statutes (Supp.1978). . . .

ACT UP PORTLAND, AIDS v. BAGLEY,, 971 F.2d 298 (9th Cir. 1992)

. . . . § 101-20.315 (1989). . . .

ACT UP PORTLAND, AIDS v. BAGLEY,, 988 F.2d 868 (9th Cir. 1992)

. . . . § 101-20.315 (1989). . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- RULES AND, 603 So. 2d 1144 (Fla. 1992)

. . . See Ssection 20.315, Florida, Stat, utes (Supp.1978). . . .

A. PERREAULT v. THORNTON, 781 F. Supp. 873 (D.R.I. 1991)

. . . . § 101-20.315. . . .

L. DUGGER, v. WILLIAMS,, 593 So. 2d 180 (Fla. 1991)

. . . . § 20.315, Fla.Stat. (Supp.1990). . . .

VAN POYCK, v. L. DUGGER, T. L., 779 F. Supp. 571 (M.D. Fla. 1991)

. . . Specific Authority 20.315, 944.09, 944.23, FS. Law Implemented 944.09, 944.23, FS. . . . Specific Authority 20.315, 944.09, 944.23, FS. Law Implemented 944.09, 944.23, FS. . . .

UNITED STATES v. BRICE, Jr., 926 F.2d 925 (9th Cir. 1991)

. . . .-305 and 101-20.315. . . . government employee in violation of 40 U.S.C. §§ 318a, 318c and 486(c) and 41 C.F.R. §§ 101-20.305 and 101-20.315 . . . administrative services provided on the property in a timely manner, is prohibited. 41 C.F.R. § 101-20.315 . . . Statutes, 390; 40 U.S.Code 486(c)). . 40 U.S.C. § 318a (1988); 41 C.F.R. § 101-20.315 (1990). . 40 U.S.C . . .

UNITED STATES v. L. PYATT, 725 F. Supp. 885 (E.D. Va. 1989)

. . . . § 101-20.315 a person who violates any rule or any regulation in subpart 101-20.3, including Section . . .

UNITED STATES v. RAMSEY,, 871 F.2d 1365 (8th Cir. 1989)

. . . He argues that this is beyond the penalty imposed by 41 C.F.R. 101-20.315 (1987). . . .

UNITED STATES v. STANSELL A. C. P. K. UNITED STATES v. GARRISON,, 847 F.2d 609 (9th Cir. 1988)

. . . . § 101-20.315 (1986); see also 40 U.S.C. § 318c. . . .

LaMARCA, H. Jr. v. R. V. TURNER,, 662 F. Supp. 647 (S.D. Fla. 1987)

. . . the institution” and to develop “a system of due process and internal legality in the institution.” 20.315 . . . The Florida statutory requirement contained in Section 20.315 provides Plaintiffs with “a clear legal . . . The parties agree, however, that Turner could not have breached a duty imposed by Fla.Stat.Ann. § 20.315 . . . Section 20.315(l)(c) provides as follows: 20.315. . . .

ZATLER, v. L. WAINWRIGHT,, 802 F.2d 397 (11th Cir. 1986)

. . . . § 20.315(4)(a) (1985) provides that the Secretary of the Department of Corrections shall have the “ . . . These include “the protection of the offender from victimization within the institution,” Fla.Stat. § 20.315 . . .

HALL, v. KEY, R. L. R. R., 476 So. 2d 787 (Fla. Dist. Ct. App. 1985)

. . . Also, Section 20.315(l)(c), Florida Statutes (1983), though not cited in Hall’s petition, requires the . . .

CASINES, v. MURCHEK, III, L. CASINES, v. MURCHEK, III, L., 766 F.2d 1494 (11th Cir. 1985)

. . . . § 20.315(22) (West 1975), "[a]ll powers, duties and functions of the Parole and Probation Commission . . .

DEPARTMENT OF CORRECTIONS, v. HOLLAND,, 469 So. 2d 166 (Fla. Dist. Ct. App. 1985)

. . . The IOP was premised on the authority of sections 20.315, 944.09 and 945.21, Florida Statutes, as well . . .

DEPARTMENT OF CORRECTIONS, v. L. ADAMS, G. M., 458 So. 2d 354 (Fla. Dist. Ct. App. 1984)

. . . Under our reading of sections 120.52, 20.04, and 20.315, Florida Statutes, individual prisons are not . . .

PAN- AM TOBACCO CORPORATION, d b a Am v. DEPARTMENT OF CORRECTIONS,, 471 So. 2d 4 (Fla. 1984)

. . . See e.g., §§ 20.315, 945.215, Fla. Stat. (1981). . . .

BRADBURY, v. L. WAINWRIGHT,, 718 F.2d 1538 (11th Cir. 1983)

. . . . § 20.315 (West Supp.1982) (creation of the Department of Corrections) and Fla.Stat.Ann. § 944.09 (West . . .

UNITED STATES v. C. CHRISTOPHER, B. R., 700 F.2d 1253 (9th Cir. 1983)

. . . . §§ 101-20.302 and 101-20.315 (1981). . . . Failure to comply with any of the above applicable provisions is a violation of these regulations. § 101-20.315 . . .

PAN- AM TOBACCO CORPORATION, d b a Am v. STATE DEPARTMENT OF CORRECTIONS,, 425 So. 2d 1167 (Fla. Dist. Ct. App. 1983)

. . . Section 20.315(8)(b)10., Florida Statutes (1977), provides: (8) OFFICE OF MANAGEMENT AND BUDGET.— (b) . . . Section 20.315(ll)(a)7., provides: (11) REGIONAL OFFICE OF MANAGEMENT AND BUDGET.— (a) There shall be . . .

BRADBURY, v. L. WAINWRIGHT,, 538 F. Supp. 377 (M.D. Fla. 1982)

. . . . §§ 20.315 (1979) and 944.09 (1979) are surely ample legislative authority for Rule 33-3.13 in view . . .

UNITED STATES v. WILLIAMS, 533 F. Supp. 448 (E.D. Pa. 1982)

. . . . § 101-20.315). . . .

PARKER, v. A. F. COOK,, 642 F.2d 865 (5th Cir. 1981)

. . . Specific Authority 20.315, 944.09, 944.28, 945.-21 FS. . . .

GRAHAM, L. v. VANN,, 394 So. 2d 180 (Fla. Dist. Ct. App. 1981)

. . . That purpose is spelled out in the Florida Statutes (1979) as follows: 20.315 Department of Corrections . . .

DEPARTMENT OF CORRECTIONS, v. J. ROSEMAN,, 390 So. 2d 394 (Fla. Dist. Ct. App. 1980)

. . . that the Department has statutory authority to promulgate rules on the subject in question, Sections 20.315 . . .

THE FLORIDA BAR. IN RE RULES OF CRIMINAL PROCEDURE, 389 So. 2d 610 (Fla. 1980)

. . . See § 20.315, Fla.Stat. (Supp.1978). . . .

J. H. WILLIAMS, v. E. HOWARD, 329 So. 2d 277 (Fla. 1976)

. . . fully as to the papers, pleadings and orders dealing directly with the constitutionality of Section 20.315 . . . below, have standing to maintain this suit and (ii) whether the trial court erred in finding Section 20.315 . . . specific as to any unlawful expenditures of public monies arising from the asserted invalidity of Section 20.315 . . .