Arrestable Offenses / Crimes under Fla. Stat. 951.23
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...g an officer without violence. To conform the instruction to the statute, paragraph 1 on page 196 of the manual should be revised to read: 1. (Defendant) [resisted] [obstructed] [opposed] (victim). 10. Chapter 88-122, § 78, Laws of Florida, amended Section 951.23, Florida Statutes, adding "a county residential probation center" to the definition of "county detention facility." The instruction on page 257 of the manual should be amended to conform to the statute as shown in Exhibit 14....
...[(Item alleged)] is a controlled substance.] [any firearm.] [any instrumentality that may be or is intended to be used as a dangerous weapon.] [any instrumentality that may be or is intended to be used as an aid in attempting to escape.] Definitions "County detention facility" means a county jail, F.S. 951.23(1) a county stockade, a county prison camp, a county residential probation center, and any other place used by a county or county officer to detain persons charged with or convicted crimes, including the grounds thereof....
CopyCited 50 times | Published | District Court, M.D. Florida
...Keller, Secretary of Health and Rehabilitative Services, State of Florida, to submit proposed rules and regulations prescribing standards and requirements with reference to the confinement of county and municipal prisoners by classification. Such regulations required to be promulgated had to comply with Fla. Stat. § 951.23(2) (1973), and therefore provided for classifications which separated males and females, juveniles and adults, felons and misdemeanants, those awaiting trial and those convicted and, in addition, providing for the separation of unusual pris...
...ers, such as the mentally ill, alcoholic or narcotic addicts, sex deviates, and suicide risks. The Court found from the evidence that at the present time in the Duval County Jail the only classification which relates to the requirements of Fla.Stat. § 951.23(2) (1973), was that males were separated from females....
...d unit of floor space; (b) the quality, quantity and diversity of foods served to such prisoners and the manner in which it is served; and (c) the confinement of such prisoners by classification, which rules and regulations are required by Fla.Stat. § 951.23 (1973)....
CopyCited 42 times | Published | Supreme Court of Florida
...it Court of Appeals pursuant to section
25.031, Florida Statutes (1977), and Florida Rule of Appellate Procedure 9.510: WHETHER THE RULE PROPOSED BY THE SECRETARY OF THE FLORIDA DEPARTMENT OF OFFENDER REHABILITATION COMPLIES WITH THE REQUIREMENTS OF SECTION
951.23(2)(b), FLORIDA STATUTES. We hold that this question must be answered in the negative. Section
951.23(2)(b) provides: The Department of Offender Rehabilitation is ......
...shall thereafter insure that the actual prisoner populations do not exceed such maximum numbers; provided, however, that the Secretary may authorize exceptions or modifications when in his opinion there is good cause for such action. The assertion is untenable. Section
951.23(2)(b) requires that "standards and requirements" governing the density of detention populations be prescribed by rules adopted in the manner specified in section
120.54, Florida Statutes (1978 Supp.)....
...square footage requirement for all existing county and municipal detention facilities, without regard for variables such as cell sizes, dayroom sizes, recreational area sizes, open cell block areas, individual cell block areas, or common open areas. Section
951.23(2)(b) requires the promulgation of "standards" which are determinative of population densities in varying situations, and the choice of a particular scheme satisfying the statute is left to the Department, to whose action this Court would accord a strong presumption of regularity. See Florida Citrus Commission v. Gift, Inc.,
91 So.2d 657 (Fla. 1956). Yet plainly the Department must act by rules. Rule 33-8.02(10), as proposed by the Secretary of Offender Rehabilitation, does not comply with the requirements of section
951.23(2)(b), Florida Statutes (1977)....
CopyCited 14 times | Published | Supreme Court of Florida
...ENGLAND, C.J., and ADKINS, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur. NOTES [1]
951.22 County detention facilities; contraband articles. (1) It is unlawful except as duly authorized by the sheriff or officer in charge to introduce into or possess upon the grounds of any county detention facility as defined in §
951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the pu...
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2001 WL 1635440
...for its purposes. It states in subsection (1): It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into *1034 or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the pu...
...olation of Florida Statute
951.22(1), unlawfully, without going through regular channels as duly authorized by the sheriff or officer in charge, introduce into or possess upon the grounds of, a county detention facility as defined in Florida Statute
951.23, to-wit: Orange County Jail, certain contraband, to-wit: drug paraphernalia....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...The court held that inasmuch as Lee Memorial was a public hospital, and since there was no prior contract or arrangement between it and the Sheriff of Hendry County relating to Lansing's treatment, the hospital could not recover. This appeal by the hospital ensued. At the outset we note that section 951.23(2), Florida Statutes (1979), directs the Department of Corrections to establish rules and regulations with reference to furnishing medical attention to county prisoners....
...Therefore, a hospital which admits the prisoner is entitled to rely upon the fact that a sheriff is authorized to contract or incur a debt for such reasonable and necessary medical treatment as is required. *52 In passing, we note the attorney general has interpreted section 951.23 and its accompanying rules and regulations to impose a duty on a sheriff to provide medical care to any prisoner in his custody....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 522865
...Section
951.032, Florida Statutes (1995), allows county and municipal detention facilities to recoup certain medical expenses from prisoners. The term "prisoner" is not defined in the statute, nor is there a definition applicable to the whole of chapter 951. Section
951.23, however, which provides a series of administrative requirements for county and municipal detention facilities, separately defines both "county prisoner" and "municipal prisoner." Under that statute, a "county prisoner" is defined as: a person who is detained in a county detention facility by reason of being charged with or convicted of either [a] felony or misdemeanor. §
951.23(1)(c), Fla. Stat. (1995) (emphasis added). Similarly, a "municipal prisoner" is: a person who is detained in a municipal detention facility by reason of being *1296 charged with or convicted of violation of [a] municipal law or ordinance. §
951.23(1)(e), Fla. Stat. (1995) (emphasis added). Thus, under section
951.23, pre-trial detainees in county or municipal detention facilities are considered "prisoners." Elsewhere in chapter 951, the legislature makes distinct reference simply to "prisoners" or prisoners "under sentence." Section
951.05 allows...
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...blished liability based on an implied promise to pay. Appellant contends the trial court erred in holding it responsible because it arrested Toth on felony and misdemeanor charges and argues that Toth became a county prisoner under the provisions of Section 951.23, Florida Statutes (1981). Unfortunately, Section 951.23 offers no assistance in the resolution of this case, for it provides: 951.23 County and municipal detention facilities (1) Definitions....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15527, 2015 WL 6160805
...l prisoners. Under section
951.22(1), “[i]t is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s[ection]
951.23 ,.. any firearm. . . .” Section
951.23(1)(a) 1 defines a “county detention facility” as *524 a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county...
...But we do not have to answer this question in light of our resolution of J.J.’s second argument. Under- a strict construction of the relevant statutes, a JAC is not a facility used for “persons charged with or convicted of either [a] felony or misdemeanor.”. See § 951.23(1)(a)....
CopyCited 1 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 12798
...The response filed on behalf of Taylor and HRS recounted the history of their limited involvement in this action. On November 8, 1974, the Court entered partial summary judgment against former HRS Secretary O. J. Keller, directing him to promulgate certain rules prescribing jail standards as required by Fla.Stat. 951.23 (1973)....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
...be or is intended to be used as
a dangerous weapon]
[any instrumentality that may be or is intended to be used as
an aid in attempting to escape].
Definitions.
Give in all cases. § 951.23(1)(a) Fla....
...y used by a
county or county officer for the detention of persons charged with or convicted
of either felony or misdemeanor used by a county or county officer to detain
persons charged with or convicted of crimes, including the grounds thereof.
§ 951.23(1)(b) Fla. Stat.
“County residential probation center” means a county-operated facility
housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d) Fla....
CopyPublished | Florida 2nd District Court of Appeal
...prisoners. Under section
951.22(1), "[i]t is unlawful, except through regular channels as
duly authorized by the sheriff or officer in charge, to introduce into or possess upon the
grounds of any county detention facility as defined in s[ection]
951.23 . . . any
firearm . . . ." Section
951.23(1)(a)1 defines a "county detention facility" as
a county jail, a county stockade, a county work camp, a
county residential probation center, and any other place
except a municipal detention fa...
...But we do not have to answer this question in light of our resolution of J.J.'s
second argument.
Under a strict construction of the relevant statutes, a JAC is not a facility
used for "persons charged with or convicted of either [a] felony or misdemeanor." See
§
951.23(1)(a).2 Many of the young "persons" in a JAC have been "taken into custody"
by law enforcement officers who had probable cause to believe that they had committed
"a delinquent act or violation of law." See §
985.101(1)(b)....
CopyPublished | Supreme Court of Florida
...ion of
another by any other object, but does not include an act done for a bona fide
medical purpose or an internal search conducted in the lawful performance of
the employee’s duty.
Give as applicable.
“Union” means contact.
§ 951.23(1)(a), Fla....
..., a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County Residential Probation Center” means a county-operated
facility housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyPublished | Supreme Court of Florida
... m. any instrumentality of any nature that may be or is
intended to be used as an aid in effecting or attempting to
effect an escape from a county facility.
Definitions.
Give in all cases. § 951.23(1)(a), Fla....
...e, a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County residential probation center” means a county-operated facility
housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyPublished | Supreme Court of Florida
...to be used as a dangerous weapon.
m. any instrumentality of any nature that may be or is
intended to be used as an aid in effecting or attempting to effect an
escape from a county facility.
Definitions.
Give in all cases. § 951.23(1)(a), Fla....
...de, a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County residential probation center” means a county-operated facility
housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
definitions are provided in s.
951.23, F. S. Section
951.23(1)(b) defines county prisoner as "a person
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...tention facility, detention facilities are required by statute to receive any individual lawfully directed to be brought to a facility. Prior to admission, however, the officer in charge must ensure that the prisoner receives necessary medical care. Section 951.23 (5)(a)2.a., F.S., authorizes and directs the Department of Corrections (department) to adopt rules and regulations prescribing minimum standards for "the furnishing to [prisoners] of medical attention and health and comfort items ....
...al's admission. 1 Your department has adopted Rule 33-8.007, F.A.C., which requires a detention or intake facility to have a "receiving medical screening procedure" which shall be performed during the admission process. 2 This office has interpreted s. 951.23 , F.S., and its accompanying rules to impose a duty on a sheriff to provide medical care to any prisoner in his custody....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 247, 1985 Fla. App. LEXIS 12124
...The appellee argued below, and the trial court found, that Ballenger was never in the custody of appellee and, therefore, there was no responsibility by appellee to pay appellant’s bill. As this court observed in Hospital Board of Directors of Lee County v. Durkis,
426 So.2d 50 (Fla. 2d DCA 1982), section
951.23(2), Florida Statutes (1981), directs the Department of Corrections to adopt rules providing for medical attention for county prisoners....
CopyPublished | Supreme Court of Florida
...to include commission of lewd or lascivious exhibition in a county detention
facility. See ch. 2019-167, § 34, Laws of Fla. Thus, “county detention facility” is
added as an alternative where the defendant was detained, and the definition for
that term, as defined by section 951.23(1), Florida Statutes (2019), is added....
...Stat.
A “private correctional facility” is any facility, which is not operated by
the Department of Corrections, for the incarceration of adults or juveniles
who have been sentenced by a court and committed to the custody of the
Department of Corrections.
-5-
§ 951.23(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 773119, 2014 Fla. App. LEXIS 3223
...ckade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor.” § 951.23(l)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...enses for a prisoner treated after he had been shot by a deputy sheriff in the performance of his duty. Since the rendering of the above opinions, Rule 10B-8.08 of the Department of Health and Rehabilitative Services has been promulgated pursuant to s. 951.23 , F.S....
...e medical care, including physician's care and hospitalization, for inmates. The rule makes no distinction between indigent and nonindigent inmates, and therefore, as pointed out in AGO 072-346, medical care now should be provided for all prisoners. Section 951.23 , F.S., defines a municipal prisoner as a person detained in a municipal detention facility by reason of being charged with or convicted of violation of a municipal ordinance or law; a county prisoner is defined as a person detained in...
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...is a part of the normal cost of the operation of the county jail. See also, AGO's 75-194, 75-35, 72-346. It is clear that the sheriff has an ongoing responsibility to provide medical services to prisoners incarcerated in county detention facilities. Section 951.23 (2), F.S., authorizes and directs the Department of Corrections to adopt rules and regulations prescribing standards and requirements for county detention facilities with reference to the maintenance and operation of such detention facilities and he furnishing to county prisoners of medical attention and health and comfort items. "County detention facilities" is defined by subsection (1)(a) of s 951.23 , F.S., to mean, among other places, the county jail. Subsection (1)(b) of that statute defines the term "county prisoner" to mean "a person who is detained in a county detention facility by reason of being charged with or convicted of either felony or misdemeanor." Subsection (3) of s 951.23 requires the Department of Corrections to enforce such rules and regulations, and empowers that department to obtain injunctions prohibiting the confinement of any county prisoner in a county detention facility which does not meet such standards and requirements. Rule 33-8.07, F.A.C., implements s 951.23 , F.S., and, in pertinent part, provides that the officer-in-charge of a county detention facility will execute an agreement in writing, if at all possible, for appropriate care and the services of a physician licensed in the State of Florida....
...Subsection (9) of this administrative rule requires every county detention facility to provide each prisoner with the opportunity for daily sick call supervised by the facility physician or his designee. And see, subsections (12), (17), and (18) of Rule 33-8.07. Section
951.23 , F.S., and Rule 33-8.07, F.A.C., should be read in pari materia with s
30.49 , F.S....
...tention alternative facilities. See, s
30.49 (2), F.S. The sheriff's budget, as approved by the board of county commissioners, must include, among other things, the cost of operating the county jail. Section
30.49 (4), F.S. Construing s
30.49 with s
951.23 and Rule 33-8.07, F.A.C., it is readily apparent that the providing of medical care and services to county prisoners, as prescribed by Rule 33-8.07, is a continuing and ongoing responsibility of the sheriff and the expenses thereof are an inte...
...heriff's office. Based on the foregoing laws, administrative rule and Attorney General Opinions, I therefore conclude that the board of county commissioners is not authorized by s
932.704 , F.S. (1982 Supp.), read with s
30.49 , F.S. (1982 Supp.), s
951.23 , F.S., and Rule 33-8.07, F.A.C., to fund the costs of providing medical care and services to county prisoners at the county jail from the special law enforcement trust fund established pursuant to s
932.704 (3)(a), F.S....
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
...ion of
another by any other object, but does not include an act done for a bona fide
medical purpose or an internal search conducted in the lawful performance of
the employee’s duty.
Give as applicable.
“Union” means contact.
§ 951.23(1)(a), Fla....
..., a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County Residential Probation Center” means a county-operated
facility housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyPublished | Supreme Court of Florida | 2016 WL 1375710
...to be used as a dangerous weapon.
m. any instrumentality of any nature that may be or is
intended to be used as an aid in effecting or attempting to effect an
escape from a county facility.
Definitions.
Give in all cases. § 951.23(1)(a), Fla....
...de, a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County residential probation center” means a county-operated facility
housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyPublished | Supreme Court of Florida
...m. any instrumentality of any nature that may be or is
intended to be used as an aid in effecting or attempting to
effect an escape from a county facility.
Definitions.
Give in all cases. § 951.23(1)(a), Fla....
...e, a
county work camp, a county residential probation center, and any other place
except a municipal detention facility used by a county or county officer for the
detention of persons charged with or convicted of either felony or
misdemeanor.
§ 951.23(1)(b), Fla. Stat.
“County residential probation center” means a county-operated facility
housing offenders serving misdemeanor sentences or first-time felony
sentences.
§ 951.23(1)(d), Fla....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
951.24(5) and (6), supra. AS TO QUESTION 2: Section
951.23(2)(a), F. S., authorizes and directs the Department
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1011, 1987 Fla. App. LEXIS 7645
...enforcement agency which had custody of the patient at the time of treatment. Because of the agreement between the city and Lee County, all the persons involved in this case were destined to be confined at the county detention facility. Furthermore, section 951.23, Florida Statutes (1981), defines a municipal prisoner as a person who is detained in a municipal detention facility by reason of being charged with or convicted of violating a municipal law or ordinance and a county prisoner as a pers...
...to the hospital for treatment, they clearly would have been in the custody of the sheriff. Under those circumstances, the sheriff would clearly be responsible to the hospital because Florida Administrative Code Rule 33-8.07, promulgated pursuant to section 951.23(2), Florida Statutes (1981), requires the sheriff to furnish medical care to his prisoners....
