Florida Statute 944.2 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.02

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.

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Amendments to 944.02

Annotations, Discussions, Cases:

Cases Citing Statute 944.02

Total Results: 52

Ronald Bradbury v. Louie L. Wainwright

718 F.2d 1538, 1983 U.S. App. LEXIS 15509

Court of Appeals for the Eleventh Circuit | Filed: Nov 7, 1983 | Docket: 226443

Cited 54 times | Published

(2)(c). (c) Inmates to prisoners as defined in § 944.02(5), Fla.Stat. (2) Marriage of other inmates

Fouts v. State

374 So. 2d 22

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430717

Cited 25 times | Published

However, the word "prisoner" is defined in Section 944.02 to mean any person who is under arrest and

Fouts v. State

374 So. 2d 22

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430717

Cited 25 times | Published

However, the word "prisoner" is defined in Section 944.02 to mean any person who is under arrest and

Roberts v. State

335 So. 2d 285

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 1306343

Cited 25 times | Published

outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation

Johnson v. State

314 So. 2d 573

Supreme Court of Florida | Filed: Jun 11, 1975 | Docket: 1420262

Cited 22 times | Published

outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation

State v. Ramsey

475 So. 2d 671, 10 Fla. L. Weekly 369

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 1709922

Cited 20 times | Published

upon any prisoner. "Prisoner" is defined in section 944.02(5), Florida Statutes (1981), as follows: "Prisoner"

State v. Williams

444 So. 2d 13

Supreme Court of Florida | Filed: Jan 12, 1984 | Docket: 452013

Cited 14 times | Published

definition of the word "prisoner" as supplied by section 944.02, Florida Statutes (1979): (5) "Prisoner" means

Roberson v. FLA. PAROLE & PROBATION COM'N

444 So. 2d 917

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1510657

Cited 13 times | Published

expressly provides that prisoners defined by section 944.02(5) are not parties for purposes of proceedings

State v. Franklin

836 So. 2d 1112, 2003 WL 289338

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1963028

Cited 11 times | Published

State of Florida. Section 1. Subsection (6) of section 944.02, Florida Statutes, is amended to read: 944

McGee v. State

435 So. 2d 854

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328478

Cited 10 times | Published

the offense of escape by any "prisoner," and Section 944.02, defining "prisoner" as "any person who is

Shinholster v. Graham

527 F. Supp. 1318

District Court, N.D. Florida | Filed: Nov 30, 1981 | Docket: 2269584

Cited 10 times | Published

proceeding. See also Fla. Stat. § 120.52(10) (1979). Section 944.02(5) defines "prisoner": "Prisoner" means any

Brown v. State

623 So. 2d 800, 1993 WL 321542

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 1183638

Cited 9 times | Published

imposed upon any prisoner. (Emphasis added). Section 944.02(5), Florida Statutes (1991), defines "prisoner"

Applewhite v. State

874 So. 2d 1276, 2004 WL 1359434

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1473874

Cited 6 times | Published

NOTES [1] § 944.40, Fla. Stat. (2001). [2] § 944.02(6), Fla. Stat. (2001).

Basic Energy Corp. v. Hamilton County

652 So. 2d 1237, 1995 WL 147367

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 1385399

Cited 5 times | Published

prisons and state correctional institutions. Section 944.02(1), Florida Statutes (1993). "The words `penitentiary

Sweeney v. State

633 So. 2d 66, 1994 WL 45532

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 1296422

Cited 5 times | Published

775.083, or s. 775.084. (Emphasis added.) Section 944.02(5), Florida Statutes (1991), defines "prisoner"

State v. Iafornaro

447 So. 2d 961

District Court of Appeal of Florida | Filed: Mar 15, 1984 | Docket: 1311783

Cited 5 times | Published

followed the reasoning and the result of Akers. Section 944.02(5), Florida Statutes (1981) defines a prisoner

State v. Akers

367 So. 2d 700

District Court of Appeal of Florida | Filed: Feb 14, 1979 | Docket: 1330157

Cited 5 times | Published

guilty of a felony of the second degree.... Section 944.02(5), Florida Statutes (1977), states that "`[p]risoner'

Thomas v. State

805 So. 2d 102, 2002 WL 83734

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1241946

Cited 4 times | Published

enforcement official" qualifies as a "prisoner." § 944.02(5), Fla. Stat. (1999). The defense simply argues

Pumphrey v. State

527 So. 2d 1382, 1988 WL 73561

Supreme Court of Florida | Filed: Jul 14, 1988 | Docket: 529530

Cited 4 times | Published

finding that Pumphrey was a "prisoner" under section 944.02(5), Florida Statutes (1985), which provides:

Jones v. State

336 So. 2d 1172

Supreme Court of Florida | Filed: Aug 25, 1976 | Docket: 1378610

Cited 4 times | Published

outside the correctional system as defined in section 944.02, Florida Statutes, or be placed on probation

Quigley v. Florida Dept. of Corrections

745 So. 2d 1029, 1999 Fla. App. LEXIS 13722, 1999 WL 924400

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1689284

Cited 3 times | Published

Quigley, a prisoner within the meaning of section 944.02(5), Florida Statutes (1997), appeals the order

Department of Corrections v. Roseman

390 So. 2d 394

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1750328

Cited 3 times | Published

other inmates or other prisoners as defined by Section 944.02(5), Florida Statutes (1979). Inmates not within

Estep v. State

318 So. 2d 520

District Court of Appeal of Florida | Filed: Sep 10, 1975 | Docket: 1139526

Cited 3 times | Published

be guilty of a felony in the second degree. Section 944.02(4), F.S., defines prisoner as any person who

Hebert v. State

962 So. 2d 1068, 2007 WL 2609404

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 480806

Cited 2 times | Published

lawful custody of any law enforcement official." § 944.02(6), Fla. Stat. (2005). Our supreme court has thus

Ramsey v. State

442 So. 2d 303

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 469051

Cited 2 times | Published

upon any prisoner. "Prisoner" is defined in section 944.02(5), Florida Statutes (1981), as follows: `Prisoner'

Brochu v. State

258 So. 2d 286

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 1657200

Cited 2 times | Published

F.S.A. was defined by the provisions of F.S. § 944.02(5) (1969), F.S.A., viz.: "(5) `Prisoner' means

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

Give in all cases. State Correctional Facility. § 944-02(8) Fla. Stat. “State correctional facility”

Spann v. State

996 So. 2d 873, 2008 WL 4568032

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1692314

Cited 1 times | Published

lawful custody of any law enforcement official." § 944.02(6), Fla. Stat. Our supreme court has held that

Bradbury v. Wainwright

538 F. Supp. 377

District Court, M.D. Florida | Filed: May 10, 1982 | Docket: 2140992

Cited 1 times | Published

2(c). (c) Inmates to prisoners as defined in Section 944.02(5), Florida Statutes. [2] The Court furthermore

Bradbury v. Wainwright

538 F. Supp. 377, 1982 U.S. Dist. LEXIS 12310

District Court, M.D. Florida | Filed: May 10, 1982 | Docket: 66158085

Cited 1 times | Published

2(c). (c) Inmates to prisoners as defined in Section 944.02(5), Florida Statutes. . The Court furthermore

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897139

Published

intending to avoid confinement. § 944.02(6), Fla. Stat. “Prisoner” means any person

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

Definitions. Give as applicable. § 944.02(8), Fla. Stat. A “state correctional institution”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

correctional facility. Give in all cases. § 944.02(8), Fla. Stat. "State correctional facility"

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

Definitions. Give as applicable. *398 § 944.02(8), Fla. Stat. A "state correctional

Taylor v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236456

Published

custody and jurisdiction of the [DOC]." § 944.02(8), Fla. Stat. (2016) (emphasis added). "State

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

correctional facility. Give in all cases. § 944.02(8), Fla. Stat. “State correctional facility”

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

correctional facility. Give in all cases. § 944.02(8), Fla. Stat. “State correctional facility”

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

Definitions. Give as applicable. § 944.02(8), Fla. Stat. A “state correctional institution”

Dawes v. State

135 So. 3d 420, 2014 WL 773119, 2014 Fla. App. LEXIS 3223

District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60239630

Published

jurisdiction of the Department of Corrections, see § 944.02(2), Fla. Stat. (2011), while county *424detention

Lacey v. State

114 So. 3d 452, 2013 WL 2420480, 2013 Fla. App. LEXIS 8839

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231935

Published

the [Department of Corrections] pursuant to section 944.02(6), Florida Statutes.... ” Id. In contrast

State v. King

968 So. 2d 658, 2007 Fla. App. LEXIS 17253, 2007 WL 3170170

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853098

Published

someone in the custody of the DOC pursuant to section 944.02(6), Florida Statutes (2005). The applicable

Clark v. State

920 So. 2d 634, 2005 Fla. App. LEXIS 6524, 2005 WL 1026187

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64842308

Published

lawful custody of a law enforcement official. See § 944.02(b), Fla. Stat. (2002). A prisoner is under a valid

Garner v. State

839 So. 2d 924, 2003 Fla. App. LEXIS 3729, 2003 WL 1239643

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821258

Published

the custody and jurisdiction of the department.” § 944.02(6), Fla. Stat. (1999)(emphasis added). A “Prisoner”

Caldwell v. State

821 So. 2d 374, 2002 WL 1457814

District Court of Appeal of Florida | Filed: Jul 9, 2002 | Docket: 1291080

Published

Caldwell, a prisoner within the meaning of section 944.02(6), Florida Statutes (2000), challenges the

Adams v. Department of Corrections

801 So. 2d 150, 2001 Fla. App. LEXIS 16645, 2001 WL 1489070

District Court of Appeal of Florida | Filed: Nov 27, 2001 | Docket: 1744768

Published

custody of the department, as provided by law. § 944.02(5), Fla. Stat. (Supp.1988). The comprehensive

Williams v. State

770 So. 2d 1263, 2000 Fla. App. LEXIS 14666, 2000 WL 1675914

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64801621

Published

contends that he was not a “prisoner” under section 944.02(5), Florida Statutes (1999), because the statute

Villegas-Alen v. State

797 So. 2d 1, 2000 Fla. App. LEXIS 14657, 2000 WL 1675864

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64809411

Published

The word “prisoner” in turn is defined in section 944.02(5) (emphasis added) as any person who is under

Ago

Florida Attorney General Reports | Filed: Feb 19, 1991 | Docket: 3255553

Published

statute); AGO's 87-43, 86-32, and 82-20. 3 Section 944.02(1), F.S. 4 See, ss. 944.710-944.719, F.S. 5

Pumphrey v. State

512 So. 2d 1018, 12 Fla. L. Weekly 2095, 1987 Fla. App. LEXIS 10068

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 64629595

Published

meet the definition of “prisoner” found in section 944.02(5), Florida Statutes (1985), and could not

DEPT. OF PROFESSIONAL REG. v. Yolman

508 So. 2d 468, 12 Fla. L. Weekly 1366

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648965

Published

proceeding who becomes a prisoner as defined in section 944.02(5) is precluded by such status from further

Williams v. State

416 So. 2d 493, 1982 Fla. App. LEXIS 20485

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64591072

Published

(1979) the element of “lawful custody” from section 944.02(4), Florida Statutes (1979). . § 944.40, Fla

Yates v. State

392 So. 2d 1020, 1981 Fla. App. LEXIS 18756

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64579846

Published

Sutker, 91 Fla. 60, 107 So. 345 (1926). . Section 944.02(5), Florida Statutes (1979) defines “prisoner”