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Florida Statute 944.09 | Lawyer Caselaw & Research
F.S. 944.09 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.09
944.09 Rules of the department; offenders, probationers, and parolees.
(1) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement its statutory authority. The rules must include rules relating to:
(a) The rights of inmates.
(b) The conduct to be observed by inmates and the categories of violations according to degrees or levels of severity, as well as the degrees of punishment applicable and appropriate to such violations.
(c) Disciplinary procedures and punishment.
(d) Grievance procedures which shall conform to 42 U.S.C. s. 1997e.
(e) The operation and management of the correctional institution or facility and its personnel and functions.
(f) The development of a staffing formula for security positions in its residential facilities, taking into account the factors of leave time, security needs, and training requirements.
(g) Mail to and from the state correctional system.
(h) Gain-time for good conduct of, release payments to, and release transportation of inmates.
(i) Uniforms for inmates and custodial personnel.
(j) Conduct of custodial and other personnel.
(k) Classification of personnel and duties assigned thereto and classification and separation of offenders according to age, sex, and such other factors as are deemed advisable.
(l) Credits for confinement prior to commitment to the department.
(m) Payments to prisoners for work performed. Such payments, if any, shall include restrictions on the use of earnings, including payments for support of dependents and release reserves. The rules shall provide that no payment shall be made to any prisoner who fails to perform the work assigned satisfactorily.
(n) Visiting hours and privileges. The rules shall provide that any inmate with a current or prior conviction for any offense contained in chapter 794, chapter 800, chapter 827, or chapter 847 for committing or attempting to commit aggravated child abuse or committing or attempting to commit a sex act on, in the presence of, or against a child under the age of 16 years, shall not be allowed visitation with anyone under the age of 18 years, unless special visitation is approved by the warden. The authorization for special visitation shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order.
(o) Mail to and from inmates, including rules specifying the circumstances under which an inmate must pay for the cost of postage for mail that the inmate sends. The department may not adopt a rule that requires an inmate to pay any postage costs that the state is constitutionally required to pay.
(p) The feeding of prisoners, including diet and menus, and the furnishing of health and comfort items to indigent prisoners.
(q) The determination of restitution, including the amount and to whom it should be paid. The rules shall provide necessary explanation to support recommendations regarding restitution.
(r) The function and duties of employees working in the area of community corrections and the operations of probation field and administrative offices.
(2) It is the duty of the wardens to supervise the governance, discipline, and policy of the state correctional institutions and to enforce all orders and rules.
(3) The department shall cause a record to be kept of violations of rules of conduct, the rule or rules violated, the nature of punishment administered, the authority ordering such punishment, the duration of time during which the offender was subjected to punishment, and the condition of the prisoner’s health.
(4) The department shall:
(a) Investigate all cases referred to it by the circuit court and make its findings and report thereon in writing to such court with its recommendation.
(b) Cause to be delivered to each person placed on probation under its supervision a certified copy of the terms of such probation and any change or modification thereof and cause such person to be instructed regarding the same.
(c) Keep informed concerning the conduct, habits, associates, employment, recreations, and whereabouts of such probationer, by visits, by requiring reports, and in other ways.
(d) Make such reports in writing or otherwise as the court may reasonably require.
(e) Use all practicable and proper methods to aid and encourage persons on probation and to bring about improvement in their conduct and condition.
(f) Keep records on each probationer referred to it.
(g) Cooperate with circuit courts exercising criminal jurisdiction by supervising such probationers and prisoners upon whom the pronouncing of sentence has been deferred and by making such reports to such courts as are directed thereby.
(h) Supervise all persons placed on parole.
(i) Aid parolees and probationers in securing employment.
(5) The department may enter into cooperative agreements with the Federal Government or any department or agency thereof, with any county or municipality in this state or any department or agency thereof, or with any nonprofit charitable corporation or foundation concerned with the rehabilitation of persons who are probationers or parolees or who are under presentence investigation for the performance by the department of services relating to the evaluation and rehabilitation of such persons. Any such agreement shall provide for payment to the department of the actual cost of rendering the services contracted for.
(6) The department shall maintain the following information within its automated inmate information system regarding each inmate:
(a) The status of the restitution order.
(b) The amount of restitution ordered by the court.
(c) The amount of restitution owed by the inmate.
(d) The name and address of the victim.
(7) The department may take a digitized photograph of any inmate or offender under its supervision.
History.s. 7, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 14, ch. 74-112; s. 33, ch. 77-120; s. 43, ch. 79-3; s. 1, ch. 85-288; s. 3, ch. 85-340; s. 76, ch. 88-122; s. 23, ch. 90-337; s. 3, ch. 91-298; s. 5, ch. 96-312; s. 1852, ch. 97-102; s. 227, ch. 98-200; ss. 8, 9, ch. 99-271; s. 10, ch. 2000-161.

F.S. 944.09 on Google Scholar

F.S. 944.09 on Casetext

Amendments to 944.09


Arrestable Offenses / Crimes under Fla. Stat. 944.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CRUM, v. STATE, 264 So. 3d 1030 (Fla. App. Ct. 2019)

. . . institution of disciplinary procedures pursuant to the rules of the Department as provided in section 944.09 . . . institution of disciplinary procedures pursuant to the rules of the Department as provided for in section 944.09 . . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

L. GRIMSLEY, v. L. JONES,, 213 So. 3d 353 (Fla. 2016)

. . . referred to the Florida Department of Corrections for possible disciplinary action as provided in section 944.09 . . .

R. L. WILLIAMS, v. STATE, 208 So. 3d 766 (Fla. Dist. Ct. App. 2016)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

A. SMITH, v. L. JONES,, 191 So. 3d 445 (Fla. 2016)

. . . institution for disciplinary procedures by the Florida Department of Corrections as provided in section 944.09 . . .

MURRAY, v. STATE, 189 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . The opinion explained that section 944.09(l)(n), Florida Statutes (Supp.1996), which appears to give . . . Section 944.09(l)(n) is substantively the same today. . . .

PONTON, v. WILLIS,, 172 So. 3d 574 (Fla. Dist. Ct. App. 2015)

. . . institution or facility for disciplinary procedures pursuant to the rules of [DOC] as provided in s. 944.09 . . .

L. CLARK, v. D. CREWS,, 159 So. 3d 122 (Fla. 2014)

. . . for disciplinary procedures pursuant to the Florida Department of Corrections as provided in section 944.09 . . .

GILMORE, v. HODGES,, 738 F.3d 266 (11th Cir. 2013)

. . . . § 944.09 (giving the Florida Department of Corrections the authority to promulgate rules to implement . . .

BROWN, v. STATE, 131 So. 3d 14 (Fla. Dist. Ct. App. 2012)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

W. CRITTENDEN, v. STATE, 67 So. 3d 1184 (Fla. Dist. Ct. App. 2011)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2010). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 72 So. 3d 735 (Fla. 2011)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

H. CORTES, v. STATE, 53 So. 3d 390 (Fla. Dist. Ct. App. 2011)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2010). . . .

WIMBERLY, v. STATE, 50 So. 3d 785 (Fla. Dist. Ct. App. 2010)

. . . s place of incarceration for consideration of sanctions pursuant to sections 944.279(1), 944.28 and 944.09 . . .

STONE, v. STATE, 48 So. 3d 98 (Fla. Dist. Ct. App. 2010)

. . . appellant’s warden “for consideration of sanctions under Florida Statute sections 944.279(1), 944.28, and 944.09 . . .

A. IBARRA, v. STATE, 45 So. 3d 911 (Fla. Dist. Ct. App. 2010)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

MARC, v. STATE, 46 So. 3d 1045 (Fla. Dist. Ct. App. 2010)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

E. ISOM, v. STATE, 43 So. 3d 776 (Fla. Dist. Ct. App. 2010)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

KHAN, v. STATE, 32 So. 3d 158 (Fla. Dist. Ct. App. 2010)

. . . the Department of Corrections for consideration of sanctions under sections 944.279(1), 944.28, and 944.09 . . .

A. WILLIAMS, v. STATE, 22 So. 3d 688 (Fla. Dist. Ct. App. 2009)

. . . See §§ 944.09, 944.279(1), 944.28(2), Fla. Stat. (2008). . . .

J. WELLS, v. STATE, 14 So. 3d 1255 (Fla. Dist. Ct. App. 2009)

. . . copy of this opinion to the appropriate institution for disciplinary procedures as provided in section 944.09 . . .

COLLINS, v. STATE, 10 So. 3d 705 (Fla. Dist. Ct. App. 2009)

. . . of this opinion to the appropriate institution for disciplinary procedures as provided in sections 944.09 . . .

LAVENDER, v. STATE, 6 So. 3d 713 (Fla. Dist. Ct. App. 2009)

. . . of this opinion to the appropriate institution for disciplinary procedures as provided in sections 944.09 . . .

STRATTON, v. STATE, 999 So. 2d 1100 (Fla. Dist. Ct. App. 2009)

. . . this opinion to the appropriate institution for disciplinary procedures as provided for in sections 944.09 . . .

CARSWELL, v. STATE, 997 So. 2d 506 (Fla. Dist. Ct. App. 2008)

. . . copy of this opinion to the appropriate institution for disciplinary procedures as provided in section 944.09 . . .

WALDEN, v. STATE, 993 So. 2d 1138 (Fla. Dist. Ct. App. 2008)

. . . copy of this opinion to the appropriate institution for disciplinary procedures as provided in section 944.09 . . .

R. ADAMSON, v. MCDONOUGH, R. E. S., 259 F. App'x 206 (11th Cir. 2007)

. . . . § 944.09(1)(g) to adopt mies about ”[m]ail to and from the state correctional system.” . . .

RIVERA, v. STATE, 943 So. 2d 973 (Fla. Dist. Ct. App. 2006)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

P. SVOBODA, v. STATE, 932 So. 2d 545 (Fla. Dist. Ct. App. 2006)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

H. GLASCO, Jr. v. STATE, 914 So. 2d 512 (Fla. Dist. Ct. App. 2005)

. . . directed to forward a certified copy of this opinion to the appropriate institution as provided in section 944.09 . . .

Ed SIMMONS, v. STATE, 913 So. 2d 101 (Fla. Dist. Ct. App. 2005)

. . . See § 944.09, Fla. Stat. (2005). DENIED; Future Pro Se Filings PROHIBITED. . . .

DELAROSA, v. STATE, 913 So. 2d 76 (Fla. Dist. Ct. App. 2005)

. . . See § 944.09(l)(n), Fla. . . .

LYONS, v. TRINITY SERVICES GROUP, INC., 401 F. Supp. 2d 1290 (S.D. Fla. 2005)

. . . . § 944.09, the Florida legislature delegated to the Department of Corrections (“DOC”) the duty to establish . . . Stat. § 944.09(l)(d) mandates that "[t]he [DOC] has authority to adopt rules ... to implement its statutory . . .

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

. . . the reference to section 945.04 as authority for the rule, and replaced it with a citation to section 944.09 . . . initially cited in the rule as statutory authority for the rule, an analysis as to whether section 944.09 . . . Section 944.09 merely sets forth the general rulemaking authority of the Department with regard to, among . . . ,” and “[t]he determination of restitution, including the amount and to whom it should be paid.” §§ 944.09 . . . In fact, the supreme court has recognized that “[s]ection 944.09 is merely the general statutory authority . . .

DEPARTMENT OF CORRECTIONS, v. WILLIAMS,, 901 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . . § 944.09(4)(h); Fla. Admin. Code 33-302.109. . . .

E. CHANDLER, a a v. CROSBY, D., 379 F.3d 1278 (11th Cir. 2004)

. . . . § 944.09(l)(d) (“The department has authority to adopt rules ... to implement its statutory authority . . .

YASIR, v. HANCOCK, S., 868 So. 2d 670 (Fla. Dist. Ct. App. 2004)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

SPENCER, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 823 So. 2d 752 (Fla. 2002)

. . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . .

C. HOLLINGSWORTH, v. C. BROWN, J. J. C. W., 788 So. 2d 1078 (Fla. Dist. Ct. App. 2001)

. . . Under sections 944.09(l)(d), Florida Statutes (1999), and section 944.331, Florida Statutes (1999), the . . .

S. CARTHANE, v. V. CROSBY, Jr., 776 So. 2d 964 (Fla. Dist. Ct. App. 2000)

. . . Section 944.09(3), Florida Statutes (1999), which mandates DOC to keep a record of the “authority ordering . . .

M. JACKSON, Sr. v. FLORIDA DEPARTMENT OF CORRECTIONS,, 790 So. 2d 381 (Fla. 2000)

. . . Department of Corrections has a duty to pay him and to promulgate rules to that effect pursuant to section 944.09 . . .

W. MOORE, v. PEREZ,, 756 So. 2d 1086 (Fla. Dist. Ct. App. 2000)

. . . Under section 944.09(l)(n), Florida Statutes (1999), an inmate with a conviction for any offense under . . .

ADLINGTON, v. MOSLEY,, 757 So. 2d 573 (Fla. Dist. Ct. App. 2000)

. . . See §§ 944.09(l)(e) & 944.331, Fla. Stat. (1999). . . .

H. HALL, Jr. v. STATE W., 752 So. 2d 575 (Fla. 2000)

. . . added provisions for disciplinary procedures pursuant to rules of the department provided in section 944.09 . . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . . Section 944.09 is merely the general statutory authority for the Department to promulgate rules. . . .

CASSADY, v. W. MOORE,, 737 So. 2d 1174 (Fla. Dist. Ct. App. 1999)

. . . , appeals a final summary judgment and declaration in which the trial court determined that section 944.09 . . . The 1995 version of the challenged statute stated, in pertinent part: 944.09 Rules of the department; . . . Section 944.09(l)(n), Fla. Stat. (1995). . . . Section 944.09(l)(n), Fla. Stat. (Supp.1996). . . . complaint filed in the circuit court in January 1997, Cassady challenged the constitutionality of section 944.09 . . .

SPENCER, v. D. GONZALEZ,, 731 So. 2d 111 (Fla. Dist. Ct. App. 1999)

. . . an amended petition alleging the deprivation of federal constitutional rights under color of section 944.09 . . . Stat. § 944.09(l)(n), and the statute is no longer being used to restrict the placement of children on . . .

W. MOORE, v. G. PEAVEY,, 729 So. 2d 494 (Fla. Dist. Ct. App. 1999)

. . . Section 944.09(l)(n), Florida Statutes (1997) provides in pertinent part, “[A]ny inmate with a current . . .

SAUCER, v. STATE, 736 So. 2d 10 (Fla. Dist. Ct. App. 1998)

. . . disciplinary proceedings in accordance with rules adopted by the Department of Corrections pursuant to section 944.09 . . . added provisions for disciplinary procedures pursuant to rules of the department provided in section 944.09 . . . institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09 . . . facility for disciplinary procedures pursuant to the rules of the department action as provided in s. 944.09 . . .

K. SINGLETARY, Jr. v. STOREY,, 711 So. 2d 221 (Fla. Dist. Ct. App. 1998)

. . . See section 944.09(1)00, Florida Statutes. . . .

K. SINGLETARY, Jr. v. CARPENTER, K. SINGLETARY, Jr. v. TURNER,, 705 So. 2d 110 (Fla. Dist. Ct. App. 1998)

. . . In both eases the respondents were convicted of offenses addressed in section 944.09(1)(n), Florida Statutes . . . The trial court granted the motion without making reference to the provisions of section 944.09(l)(n) . . . We inquired of the parties whether section 944.09(1)(n) conferred any prison visitation powers on criminal . . . We conclude that the final sentence of section 944.09(l)(n) is aimed at these orders entered by domestic . . .

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

. . . Defendants represent that pursuant to § 944.09(l)(h) and 944.275(4)(b), Fla.Stat. (1995), they have authority . . . Specific Authority 20.315, 944.09, 944.275 FS. Law Implemented 20.315, 944.09, 944.275 FS. . . .

K. SINGLETARY, Jr. v. BULLARD,, 701 So. 2d 590 (Fla. Dist. Ct. App. 1997)

. . . In support of this argument, DOC asserts that, by enacting section 944.09(l)(n), Florida Statutes (1995 . . . Bullard responds by arguing that the newly enacted subsection (n) of section 944.09(1) controls the instant . . . case: 944.09 Rules of the department; offenders, probationers, and parolees. (1) The department shall . . . court order, permission for special visitation may be granted only by the judge issuing the order. § 944.09 . . . amendment: There is no case law interpreting the 1996 amendment, but the plain language of section 944.09 . . .

K. SINGLETARY, v. BENTON,, 693 So. 2d 1119 (Fla. Dist. Ct. App. 1997)

. . . Prior to the 1996 amendments, section 944.09(l)(n), Florida Statutes, read: (1) The department [DOC] . . . order being appealed says: The Court will grant permission for special visitation, pursuant to F.S. 944.09 . . . There is no case law interpreting the 1996 amendment, but the plain language of section 944.09(l)(n) . . . Under the facts of the instant case, it would be appellant’s decision under section 944.09(l)(n) to decide . . .

DEPARTMENT OF CORRECTIONS, v. W. HARGROVE, Jr., 615 So. 2d 199 (Fla. Dist. Ct. App. 1993)

. . . The pertinent statutory authority cited by DOC includes section 944.09, Florida Statutes, and section . . . Among other things, section 944.09, Florida Statutes, requires that rules be adopted by DOC, governing . . .

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. . . .

ADAMS, v. L. WAINWRIGHT,, 512 So. 2d 1077 (Fla. Dist. Ct. App. 1987)

. . . issue as appellant named the Secretary of the Department of Corrections in his petition, while Sections 944.09 . . .

MOULTRIE v. DEPARTMENT OF CORRECTIONS, 25 Fla. Supp. 2d 208 (Fla. Div. Admin. Hearings 1987)

. . . Thus, it is provided at Section 944.09(l)(b), (c), (e), (m), and (q) as follows: (1) The Department shall . . . Additionally, Section 944.09(l)(m), Florida Statutes, quoted above, relating to the Department’s authority . . . granted the Department by the Legislature, in addition to that rule-making authority embodied in Section 944.09 . . . subsection and paragraphs quoted above in conjunction with the quoted paragraphs and subsection of Section 944.09 . . . Obviously the Legislature did not intend by its enactment of Section 944.09 and Section 944.516, Florida . . .

HORTON v. DEPARTMENT OF CORRECTIONS, 25 Fla. Supp. 2d 266 (Fla. Div. Admin. Hearings 1987)

. . . inconsistent with Article I, Sections 2 and 9, Florida Constitution, and that they conflict with Section 944.09 . . . . 9, and their systematic conflict with 33-3.07 effectiveness as an Inmate Grievance as provided by 944.09 . . . (2)(a)(c)(d) and 945.10 restrict and conflict with 944.09. . . . The applicable statutory provision is Section 944.09, Florida Statutes, which states, in pertinent part . . . I, Sec. 2 and 9, and Florida Statutes 944.09(2)((a)(c) and (d). . . .

FREDERICK, v. DEPARTMENT OF CORRECTIONS CRIBBS, v. DEPARTMENT OF CORRECTIONS, 26 Fla. Supp. 2d 250 (Fla. Div. Admin. Hearings 1987)

. . . Section 944.09, Florida Statutes, provides as follows in pertinent part: (1) The department shall adopt . . .

FREDERICK ADAMS v. DEPARTMENT OF CORRECTIONS,, 22 Fla. Supp. 2d 209 (Fla. Div. Admin. Hearings 1986)

. . . undersigned also took Official Recognition of items I through VI, including sections 20.35 l(l)(c), 944.09 . . . Section 944.09(l)(d), Florida Statutes (1985), provides that the Department of Corrections shall adopt . . . for this purpose, is voluntary and different from the requirement contained in Section 944.331 and 944.09 . . .

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 . . .

DAVIS, v. STATE DEPARTMENT OF CORRECTIONS,, 460 So. 2d 452 (Fla. Dist. Ct. App. 1984)

. . . See §§ 944.031(3), 944.09(1) and 944.14, Fla.Stat. . . .

HOLLAND v. DEPARTMENT OF CORRECTIONS, 8 Fla. Supp. 2d 183 (Fla. Div. Admin. Hearings 1984)

. . . Florida Statutes, Chapters 944.09(2) and 945.21. B. . . . Florida Statutes, Chapter 944.09, 945.21 B. . . .

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

. . . . § 944.09 (West Supp.1982) (supervision of offenders; rules and regulations). 390 So.2d at 397. . . .

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 . . .

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

. . . Specific Authority 20.315, 944.09, 944.28, 945.-21 FS. . . . Law Implemented 944.09, 944.15, 944.-28, 944.34, 944.35, 944.49, 945.21 FS. . . .

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

. . . Department has statutory authority to promulgate rules on the subject in question, Sections 20.315, 944.09 . . .