Florida Statutes
Fla. Stat. § 944.02 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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944.02 Definitions.—The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:
(1) “Commission” means the Florida Commission on Offender Review.
(2) “Correctional system” means all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections.
(3) “Department” means the Department of Corrections.
(4) “Elderly offender” means a prisoner age 50 or older in a state correctional institution or facility operated by the department.
(5) “Lease-purchase agreement” means an installment sales contract which requires regular payments with an interest charge included and which provides that the lessee receive title to the property upon final payment.
(6) “Prisoner” means any person who is under civil or criminal arrest and in the lawful custody of any law enforcement official, or 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 department pursuant to lawful authority.
(7) “Secretary” means the Secretary of Corrections.
(8) “State correctional institution” means any prison, 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 department.
History.—s. 1, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 1, ch. 71-345; s. 283, ch. 71-377; s. 3, ch. 74-112; s. 21, ch. 77-120; s. 34, ch. 79-3; s. 1, ch. 85-340; s. 52, ch. 88-122; s. 1, ch. 2000-214; s. 1, ch. 2002-32; s. 5, ch. 2004-248; s. 33, ch. 2014-191; s. 6, ch. 2023-268.
Notes of Decisions
Cited in 51
cases, 1972–2020 · leading case: State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003).
State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). “Subsection (6) of section 944.02, Florida Statutes, is amended to read: 944.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “§ 944.02(8), Fla. Stat. A “state correctional institution” is any prison, 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…”
Roberts v. State, 335 So. 2d 285 (Fla. 1976). “[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…”
State v. Ramsey, 475 So. 2d 671 (Fla. 1985). “"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…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “*398 § 944.02(8), Fla. Stat. A "state correctional institution" is any prison, 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…”
Applewhite v. State, 874 So. 2d 1276 (Fla. 5th DCA 2004). “…785 So.2d 1182 (Fla.2001). AFFIRMED. PETERSON and ORFINGER, JJ., concur. NOTES [1] § 944.40, Fla. Stat. (2001). [2] § 944.02(6), Fla. Stat. (2001).”
Williams v. State, 416 So. 2d 493 (Fla. 5th DCA 1982). “The definition of the word “prisoner” in the foregoing statute is supplied by section 944.02, Florida Statutes (1979): (4) “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…”
Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983). “52(10)(d) expressly provides that prisoners defined by section 944.02(5) are not parties for purposes of proceedings under section 120.”
State v. Williams, 444 So. 2d 13 (Fla. 1984). “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…”
Shinholster v. Graham, 527 F. Supp. 1318 (N.D. Fla. 1981). “Fla.Stat. § 944.02(5) (1979). The Fifth Circuit’s rationale in Curtis for finding the FAPA “plainly inadequate” is based on the conjoining of the FAPA’s failure to meet the second “minimum standard” with the exception to the exhaustion doctrine that the administrative…”
State v. Akers, 367 So. 2d 700 (Fla. 2d DCA 1979). “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 .”
Johnson v. State, 314 So. 2d 573 (Fla. 1975). “ (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,…”
— 944.02(1) — 2 cases
Basic Energy Corp. v. Hamilton Cnty., 652 So. 2d 1237 (Fla. 1st DCA 1995).
Adams v. Dep't of Corr., 801 So. 2d 150 (Fla. 1st DCA 2001).
— 944.02(2) — 1 case
Dawes v. State, 135 So. 3d 420 (Fla. 5th DCA 2014).
— 944.02(4) — 2 cases
Williams v. State, 416 So. 2d 493 (Fla. 5th DCA 1982). “The definition of the word “prisoner” in the foregoing statute is supplied by section 944.02, Florida Statutes (1979): (4) “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…”
Estep v. State, 318 So. 2d 520 (Fla. 1st DCA 1975).
— 944.02(5) — 25 cases
State v. Ramsey, 475 So. 2d 671 (Fla. 1985). “"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…”
Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983). “52(10)(d) expressly provides that prisoners defined by section 944.02(5) are not parties for purposes of proceedings under section 120.”
Shinholster v. Graham, 527 F. Supp. 1318 (N.D. Fla. 1981). “Fla.Stat. § 944.02(5) (1979). The Fifth Circuit’s rationale in Curtis for finding the FAPA “plainly inadequate” is based on the conjoining of the FAPA’s failure to meet the second “minimum standard” with the exception to the exhaustion doctrine that the administrative…”
State v. Akers, 367 So. 2d 700 (Fla. 2d DCA 1979). “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 .”
Ronald Bradbury v. Louie L. Wainwright, 718 F.2d 1538 (11th Cir. 1983).
— 944.02(6) — 9 cases
Applewhite v. State, 874 So. 2d 1276 (Fla. 5th DCA 2004). “…785 So.2d 1182 (Fla.2001). AFFIRMED. PETERSON and ORFINGER, JJ., concur. NOTES [1] § 944.40, Fla. Stat. (2001). [2] § 944.02(6), Fla. Stat. (2001).”
Caldwell v. State, 821 So. 2d 374 (Fla. 1st DCA 2002).
Hebert v. State, 962 So. 2d 1068 (Fla. 4th DCA 2007).
Spann v. State, 996 So. 2d 873 (Fla. 4th DCA 2008).
Garner v. State, 839 So. 2d 924 (Fla. 4th DCA 2003).
— 944.02(8) — 8 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “§ 944.02(8), Fla. Stat. A “state correctional institution” is any prison, 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…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “*398 § 944.02(8), Fla. Stat. A "state correctional institution" is any prison, 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…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
Dawes v. State, 135 So. 3d 420 (Fla. 5th DCA 2014).
— 944.02(b) — 1 case
Clark v. State, 920 So. 2d 634 (Fla. 4th DCA 2005).
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