CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15509
...(b) Inmates under sentence of life imprisonment and required to serve no less than twenty-five (25) years before becoming eligible for parole, except they may marry if they become eligible under sub-section (2)(c). (c) Inmates to prisoners as defined in § 944.02(5), Fla.Stat....
CopyCited 25 times | Published | Supreme Court of Florida
...[3] " Probation or commitment of minors by courts other than circuit courts "(1) A minor found guilty of an offense in a court not exercising juvenile jurisdiction may, as an alternative to other dispositions, be committed to the department for treatment in a youth program outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation to the department, if the department is willing and if the offense is a felony or a misdemeanor of the first degree as defined in chapter 775....
CopyCited 25 times | Published | Florida 2nd District Court of Appeal
...sent to prison. Appellant's observation with respect to Section
944.40 is correct; that section merely states that any prisoner who escapes from confinement shall be guilty of a felony of the second degree. However, the word "prisoner" is defined in Section
944.02 to mean any person who is under arrest and in the lawful custody of any law enforcement official or any person convicted and sentenced by any court and committed to any municipal or county jail, or to a state correctional institution....
CopyCited 22 times | Published | Supreme Court of Florida
...ts. (1) A minor found guilty of an offense in a court not exercising juvenile jurisdiction may, as an alternative to other dispositions, be committed to the department for treatment in a youth program outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation to the department, if the department is willing and if the offense is a felony or a misdemeanor of the first degree as defined in chapter 775....
CopyCited 20 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 369
...felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. "Prisoner" is defined in section
944.02(5), Florida Statutes (1981), as follows: "Prisoner" means any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or co...
...begun. In State v. Akers the facts were the same except Akers had been handcuffed while Ramsey had not. The Akers court did not discuss the issue of whether transportation had begun. Instead, the court held: Construing the statutes [§§
944.40 and
944.02(5), Fla....
CopyCited 14 times | Published | Supreme Court of Florida
...775.082, s.
775.083, or s.
775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. The district court then looked to the definition of the word "prisoner" as supplied by section
944.02, Florida Statutes (1979): (5) "Prisoner" means any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail o...
CopyCited 13 times | Published | Supreme Court of Florida
...tion of his presumptive parole release date, could not maintain an administrative appeal to the district from that determination, pursuant to section
120.68, Florida Statutes (1979). Section
120.52(10)(d) expressly provides that prisoners defined by section
944.02(5) are not parties for purposes of proceedings under section
120.57....
...mptive parole release date. The legislature, this past session, clarified its intent relative to this issue. Its clarification is consistent with the Third District's decision in Roberson. Chapter 83-78 specifically states that prisoners, defined in section
944.02(5), may not seek review under section
120.68 of any agency action other than proceedings under section
120.54(3), (4), (5), or (9) or section
120.56, which relate to rulemaking procedures....
...A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. [3] The pertinent part of section
120.52(10) reads as follows: Prisoners as defined in s.
944.02(5) shall not be considered parties for the purposes of obtaining proceedings under s....
...arton 410, Archives of State Library. H.B. 420 and S.B. 209 were companion measures introduced during the 1978 session. They were considerably broader in scope as to excluding prisoners from the purview of the APA, proposing: Prisoners as defined in s. 944.02(5) shall not be considered parties for the purposes of obtaining proceedings under s....
...[11] HB 420 and SB 209 also limited the rule-making process as to prisoners, affording them only the opportunity to submit written statements as to rules. Section
120.54(3) was amended by chapter 78-28, Laws of Fla., by the addition of the following: Prisoners, as defined in s.
944.02(5), may be limited by the Department of Corrections to an opportunity to submit written statements concerning intended action on any department rule....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2003 WL 289338
...nal of each house. See State v. Kaufman,
430 So.2d 904, 905 (Fla.1983). For illustration consider Senate Bill 1636, introduced in the 2002 legislative session. The bill reads as follows: A bill to be entitled An act relating to corrections; amending s.
944.02, F.S.; redefining the term "prisoner" for purposes of the state corrections code; providing penalties; providing an effective date. Be It Enacted by the Legislature of the State of Florida. Section 1. Subsection (6) of section
944.02, Florida Statutes, is amended to read:
944.02 Definitions.The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings: (6) "Prisoner" means any person who is under arrest and in the lawful custody of any law enf...
...rase "An act relating to" plus the rest of the title. Under Article III, Section 7, Senate Bill 1636 was read by title as required. The Senate Journal stated: By Senator Crist SB 1636A bill to be entitled An act relating to corrections; amending s. 944.02, F.S.; redefining the term "prisoner" for purposes of the state corrections code; providing penalties; providing an effective date....
...At that point it was no longer a bill, but had become a legislative Act. The phrase "A bill to be entitled" was removed. It was published in the Laws of Florida as follows: CHAPTER 2002-32 Senate Bill No. 1636 An act relating to corrections; amending s. 944.02, F.S.; redefining the term "prisoner" for purposes of the state corrections code; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) of section 944.02 Florida Statutes, is amended to read: 944.02 Definitions.The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings: *1119 (6) "Prisoner" means any person who is under civil or criminal arrest and in the lawfu...
CopyCited 10 times | Published | District Court, N.D. Florida
...ns under Section
120.57, Florida Statutes (Supp. 1980), the plaintiffs in this case do not fall within the definition of "prisoner" and therefore may be parties to a Section
120.57 administrative proceeding. See also Fla. Stat. §
120.52(10) (1979). Section
944.02(5) defines "prisoner": "Prisoner" means any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department [of Corrections], as provided by law. Fla.Stat. §
944.02(5) (1979)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...aw enforcement officials under the warrant or capias is lawful, as that term applies to the "lawful custody" element of the offense of escape. See Section
944.40, Florida *858 Statutes (1981), proscribing the offense of escape by any "prisoner," and Section
944.02, defining "prisoner" as "any person who is under arrest and in the lawful custody of any law enforcement official, ...," etc....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1993 WL 321542
...ty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. (Emphasis added). Section
944.02(5), Florida Statutes (1991), defines "prisoner" as: [A]ny person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 WL 1359434
...We find no abuse of discretion in giving the State's requested instruction. See James v. State,
695 So.2d 1229 (Fla.1997); Carpenter v. State,
785 So.2d 1182 (Fla.2001). AFFIRMED. PETERSON and ORFINGER, JJ., concur. NOTES [1] §
944.40, Fla. Stat. (2001). [2] §
944.02(6), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...a place of confinement ...". See section
944.40, Florida Statutes (1981). The Ramsey panel was aware of the decision in State v. Akers,
367 So.2d 700 (Fla. 2d DCA 1979) and noted conflict with that case. I would have followed the reasoning and the result of Akers. Section
944.02(5), Florida Statutes (1981) defines a prisoner as "any person who is under arrest and in the lawful custody of any law enforcement official ..." Defendant here was under arrest, thus presumptively in lawful custody....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 45532
...oads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (Emphasis added.) Section
944.02(5), Florida Statutes (1991), defines "prisoner" as: Any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal county jail...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...other penal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree.... Section 944.02(5), Florida Statutes (1977), states that "`[p]risoner' means any person who is under arrest and in the lawful custody of any law enforcement official ..." *702 Construing the statutes in pari materia, we conclude that the legislature i...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 147367
...For example, there are separate chapters in the Florida Statutes dealing with "Jails and Jailers" (chapter 950) and the "State Correctional System" (chapter 944). The state correctional system includes all prisons and state correctional institutions. Section 944.02(1), Florida Statutes (1993)....
CopyCited 4 times | Published | Supreme Court of Florida | 1988 WL 73561
...Due to the presence of a mitigating factor, the trial court departed from the guidelines range of twelve to seventeen years and sentenced Pumphrey to two years imprisonment for this offense. The DCA affirmed the conviction, finding that Pumphrey was a "prisoner" under section 944.02(5), Florida Statutes (1985), which provides: "[p]risoner" means any person who is under arrest and in the lawful custody of any law enforcement official......
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 83734
...its a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The defense does not dispute that a person "who is under arrest and in the lawful custody of any law enforcement official" qualifies as a "prisoner." §
944.02(5), Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...lows: "(1) A minor found guilty of an offense in a court not exercising juvenile jurisdiction may, as an alternative to other dispositions, be committed to the department for treatment in a youth program outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation to the department, if the department is willing and if the offense is a felony or a misdemeanor of the first degree as defined in chapter 775....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...er reasonably believes the person committed it. Section
901.15(2), F.S. Section
944.40, F.S., under which Estep was charged, provides that any prisoner confined in a jail who escapes from confinement shall be guilty of a felony in the second degree. Section
944.02(4), F.S., defines prisoner as any person who is under arrest and in lawful custody of any law enforcement official....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 13722, 1999 WL 924400
...District Court of Appeal of Florida, First District. October 20, 1999. Rehearing Denied December 8, 1999. *1030 Appellant pro se. Gary L. Grant, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee. BENTON, J. James J. Quigley, a prisoner within the meaning of section
944.02(5), Florida Statutes (1997), appeals the order denying a petition to initiate rulemaking he filed with the Department of Corrections (DOC) under section
120.54(7), Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...We therefore affirm in part, reverse in part, and sustain the proposed Rule. The proposed Rule prohibits marriage by inmates who are sentenced to death, inmates under life sentence who must serve at least 25 years before parole, and inmates who wish to marry other inmates or other prisoners as defined by Section 944.02(5), Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2609404
...ent" "escapes . . . from such confinement." §
944.40, Fla. Stat. (2005). A "prisoner" is defined for purposes of *1070 chapter 944 to include "any person who is under . . . criminal arrest and in the lawful custody of any law enforcement official." §
944.02(6), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...The judgment of conviction and sentence of two years for the crime of escape is set aside. Affirmed in part and reversed in part. SPECTOR, C.J., and CARROLL, DONALD K., J., concur. NOTES [1] The term "prisoner" as used in F.S. §
944.40 (1969), F.S.A. was defined by the provisions of F.S. §
944.02(5) (1969), F.S.A., viz.: "(5) `Prisoner' means any person convicted and sentenced by the courts and committed to the state prison, prison farm, or penitentiary, or to the custody of the division, as provided by law." [2] We note that F.S. §§
944.40 and
944.02 (5) were amended in 1971, but as amended are not applicable to the instant cause.
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. "Prisoner" is defined in section
944.02(5), Florida Statutes (1981), as follows: `Prisoner' means any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department, as provided by law. The state contends that if Ramsey were a prisoner under section
944.02(5) and thus in lawful custody at the time that he left the scene of arrest, then he was, as part of the arrest procedure, in the process of being transported to a place of confinement....
...In reaching the opposite conclusion, the trial court relied upon State v. Akers,
367 So.2d 700 (Fla. 2d DCA 1979), a case factually distinguishable from this case only in that Akers had been handcuffed while Ramsey had not. In Akers, the court stated: Construing the statutes [§§
944.40 and
944.02(5), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 4568032
...a]ny prisoner ... being transported to or from a place of confinement ... escapes or attempts to escape from such confinement." "`Prisoner' means any person who is under ... criminal arrest and in the lawful custody of any law enforcement official." § 944.02(6), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida
...(b) Inmates under sentence of life imprisonment and required to serve no less than twenty-five (25) years before becoming eligible for parole, except they may marry if they become eligible under sub-section 2(c). (c) Inmates to prisoners as defined in Section 944.02(5), Florida Statutes....
CopyCited 1 times | Published | District Court, M.D. Florida | 1982 U.S. Dist. LEXIS 12310
...(b) Inmates under sentence of life imprisonment and required to serve no less than twenty-five (25) years before becoming eligible for parole, except they may marry if they become eligible under sub-section 2(c). (c) Inmates to prisoners as defined in Section 944.02(5), Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
...any [cellular telephone] [portable communication device]
intentionally and unlawfully introduced inside the secure
perimeter of the state correctional institution.
2. At the time, (defendant) was [an inmate] [upon the grounds] of a state
correctional facility.
Give in all cases. § 944.02(8) Fla....
...(Defendant) [gave or transmitted] [or] [intended to give or transmit]
the [written communication] [recorded communication] [currency]
[coin] [article of food] [article of clothing] to an inmate of the state
correctional institution.
Give in all cases. State Correctional Facility. § 944.02(8) Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2095, 1987 Fla. App. LEXIS 10068
...tody” at the time Judge Davey granted the 24-hour furlough, but instead was merely a pretrial detainee, released on his own recognizance for a limited period of time. He thus concludes that he did not meet the definition of “prisoner” found in section
944.02(5), Florida Statutes (1985), and could not have been found guilty of escape as defined in section
944.40, Florida Statutes (1985)....
...nal institution, state, county, or municipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement” is guilty of escape. The term “prisoner” is defined in section 944.02(5) as “any person who is under arrest and in the lawful custody of *1020 any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or...
...time his furlough was granted by Judge Davey, appellant had been arrested on felony charges and was being held in the Leon County Jail pending adjudication and sentencing, thus satisfying both conditions of the first definition of prisoner found in section 944.02(5)....
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...3. (Defendant’s) act was intentionally committed in the presence of a
person [he] [she] knew or reasonably should have known was an
employee of the [institution] [facility].
Definitions. Give as applicable.
§ 944.02(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 17253, 2007 WL 3170170
...on March 5, 2005. Section 985.3141 deals with escape attempts, as defined by section
944.40, from detention facilities for children. Section
944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the DOC pursuant to section
944.02(6), Florida Statutes (2005)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14666, 2000 WL 1675914
...Jimmie Williams appeals his conviction and sentence for attempted escape under section
944.40, Florida Statutes (1999), which prohibits the escape of any prisoner who is in confinement or being transported to or from a place of confinement. Williams contends that he was not a “prisoner” under section
944.02(5), Florida Statutes (1999), because the statute defines “prisoner” as a person who is “in the lawful custody of any law enforcement official,” whereas he was in the custody of a Pinkerton security guard....
...Pinkerton had a contract with the Jacksonville Sheriffs Office to escort prisoners who are in hospital facilities anywhere in the county. While at the hospital, Williams attempted to escape from his guard. The legislature chose not to define “law enforcement official” in section
944.02(5), and we reject Williams’ suggestion that the term is equivalent to “law enforcement officer” as defined in section
943.10(1), Florida Statutes (1999), or section
784.07(l)(a), Florida Statutes (1999), which would exclude a private security guard. *1264 The supreme court has stated that sections
944.40 and
944.02(5) should not be narrowly construed in a manner that would vitiate the legislature’s clear intent to prohibit persons in lawful custody from escaping....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14657, 2000 WL 1675864
...nicipal, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement shall be guilty of a felony of the second degree.... The word “prisoner” in turn is defined in section 944.02(5) (emphasis added) as any person who is under arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, or penitentiary, or to the custody of the department, as provided by law. In the instant case, the state correctly conceded below that the second part of the definition of “prisoner” in section 944.02(5), Fla....
...rt must construe the statute strictly in favor of the accused. See §
775.021, Fla. Stat. Thus, the question in this case is whether the civil nature of appellant’s arrest and detention precludes his being considered a “prisoner” as defined by section
944.02(5) for purposes of section
944.40....
... was only person “convicted and sentenced” and, although it was undisputed that defendant absconded from convict camp, state never established that defendant was “convicted and sentenced” at that time). To be a “prisoner” under sections
944.02(5) and
944.40, therefore, Florida law requires that the person be “under arrest,” i.e., held with regard to criminal charges....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 16645, 2001 WL 1489070
...lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department, as provided by law. § 944.02(5), Fla....
...ention of conveying a narrower meaning. The "correctional system" is, moreover, statutorily defined as "all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections." § 944.02(1), Fla....
CopyPublished | Supreme Court of Florida
...(Defendant’s) act was intentionally committed in the presence of a
person [he] [she] knew or reasonably should have known was an
employee of the [institution] [facility].
Definitions. Give as applicable.
- 32 -
§ 944.02(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 6524, 2005 WL 1026187
...r, in lawful custody, including transport to a place of confinement, escapes, or attempts to escape by intending to avoid lawful confinement. Id. A prisoner is defined as a person under arrest and in lawful custody of a law enforcement official. See § 944.02(b), Fla....
CopyPublished | Supreme Court of Florida
...lawfully introduced inside the secure
perimeter of the state correctional institution.
2. At the time, (defendant) was [an inmate] [upon the grounds] of a
state correctional facility.
Give in all cases. § 944.02(8), Fla....
...(Defendant) [gave or transmitted] [or] [intended to give or
transmit] the [written communication] [recorded communication]
[currency] [coin] [article of food] [article of clothing] to an inmate
of the state correctional institution.
Give in all cases. State Correctional Facility. § 944.02(8), Fla....
CopyPublished | Supreme Court of Florida
...any [cellular telephone] [portable communication device]
intentionally and unlawfully introduced inside the secure perimeter
of the state correctional institution.
2. At the time, (defendant) was [an inmate] [upon the grounds] of a state
correctional facility.
Give in all cases. § 944.02(8), Fla....
...(Defendant) [gave or transmitted] [or] [intended to give or
transmit] the [written communication] [recorded communication]
[currency] [coin] [article of food] [article of clothing] to an inmate
of the state correctional institution.
Give in all cases. State Correctional Facility. § 944.02(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3729, 2003 WL 1239643
...oad 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.” § 944.02(6), Fla....
...custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state *926 prison, prison farm, or penitentiary, or to the custody of the department, as provided by law.” § 944.02(5)....
...By definition then, a state correctional facility houses “prisoners” and a private correctional facility houses persons who have been sentenced by a court and committed to the Department of Corrections. Garner was not a prisoner within the meaning of section 944.02(5)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 2420480, 2013 Fla. App. LEXIS 8839
...“The applicable escape statute depends on the location of the defendant at the time of the attempt....” State v. King,
968 So.2d 658, 658 (Fla. 4th DCA 2007). “Section
944.40 covers escape attempts by a prisoner, who is defined as someone in the custody of the [Department of Corrections] pursuant to section
944.02(6), Florida Statutes.......
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1366
...o Reopen Case and Conduct Formal Hearing," contending that the hearing officer misinterpreted section
120.52(11), Florida Statutes (1983). The issue presented is whether a party to a license revocation proceeding who becomes a prisoner as defined in section
944.02(5) is precluded by such status from further participation as a party in that pending administrative action....
...The hearing officer's conclusion that Yolman's status as a prisoner precludes his participation as a party in a section
120.57 hearing is based on the definition of "party" contained in section
120.52(11), Florida Statutes (1983). This section states in part: Prisoners as defined in s.
944.02(5) may obtain or participate in proceedings under s....
...Parolees shall not be considered parties for purposes of agency action or judicial review when the proceedings relate to rescission or revocation of parole. (Emphasis added.) Prior to 1983, the definition of "party" in the Administrative Procedure Act *470 stated that "[p]risoners as defined in s. 944.02(5) shall not be considered parties for the purposes of obtaining proceedings under s....
CopyPublished | Florida 1st District Court of Appeal | 2002 WL 1457814
...District Court of Appeal of Florida, First District. July 9, 2002. Craig Caldwell, pro se, for Appellant. Louis Vargas, General Counsel; Anthony W. Garcia, Assistant General Counsel, Tallahassee, for Appellee. PER CURIAM. Craig Caldwell, a prisoner within the meaning of section 944.02(6), Florida Statutes (2000), challenges the denial of his petition to initiate rulemaking by the Department of Corrections....
CopyPublished | Supreme Court of Florida
...3. (Defendant’s) act was intentionally committed in the presence of a
person [he] [she] knew or reasonably should have known was an
employee of the [institution] [facility].
Definitions. Give as applicable.
§ 944.02(8), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 773119, 2014 Fla. App. LEXIS 3223
...read. Florida law distinguishes between county jails and correctional institutions. Florida’s correctional system, which is made up of all prisons and other correctional institutions, is under the jurisdiction of the Department of Corrections, see § 944.02(2), Fla....
...Stat. (2011). Moreover, because Florida defines a state correctional institution as “any prison ... or other correctional institution ... in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department, § 944.02(8), Fla....
CopyPublished | Supreme Court of Florida
...willfully failed to return to [his] [her] place of confinement
within the time prescribed,
d. willfully failed to remain within the extended limits of [his]
[her] confinement,
intending to avoid confinement.
§ 944.02(6), Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...nemployed minorities in the area. 2 Cf ., Chaffee v. Miami Transfer Company, Inc.,
288 So.2d 209 (Fla. 1974) (the Court has no authority to supply additional words to or modify the meaning of a duly enacted statute); AGO's 87-43, 86-32, and 82-20. 3 Section
944.02 (1), F.S....
CopyPublished | Florida 2nd District Court of Appeal
...n, 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 [DOC]." § 944.02(8), Fla....
...Thus, in
pertinent part, a "state correctional facility operated by the [DOC]" means a prison or
"other correctional facility" in which "prisoners are housed . . . under the custody and
jurisdiction of the department." See §§
775.082(9)(a)(1),
944.02(8).
In turn, "prisoner" is defined to include "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 [DOC] pursuant to lawful authority." §
944.02(6) (emphasis added);
see also §
944.17(1) ("Each prisoner sentenced to the state penitentiary shall be
committed by the court to the custody of the [DOC]."); §
945.42(7), Fla....
CopyPublished | Supreme Court of Florida
...intentionally and unlawfully introduced inside the secure
perimeter of the state correctional institution.
2. At the time, (defendant) was [an inmate] [upon the grounds] of a
state correctional facility.
Give in all cases. § 944.02(8), Fla....
...(Defendant) [gave or transmitted] [or] [intended to give or
transmit] the [written communication] [recorded communication]
[currency] [coin] [article of food] [article of clothing] to an inmate
of the state correctional institution.
Give in all cases. State Correctional Facility. § 944.02(8), Fla....
