Florida Statutes

Fla. Stat. § 944.09 (2025)

Rules of the department; offenders, probationers, and parolees.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(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.

(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.

Notes of Decisions

Cited in 42 cases (2 in the last 5 years), 1983–2026 · leading case: Jim E. Chandler v. James Crosby, 379 F.3d 1278 (11th Cir. 2004).

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Jim E. Chandler v. James Crosby, 379 F.3d 1278 (11th Cir. 2004). “See Fla. Stat. Ann. § 944.09 (l)(d) (“The department has authority to adopt rules .”

Smith v. Florida Dept. of Corr., 920 So. 2d 638 (Fla. 1st DCA 2005). · cites it 6× “04 as authority for the rule, and replaced it with a citation to section 944.09, Florida Statutes. See 29 Fla.”

Jackson v. Florida Dept. of Corr., 790 So. 2d 381 (Fla. 2001). · cites it 2× “Jackson asserts that he has a right to payment for the duties and tasks he performs in the prison and that the Department of Corrections has a duty to pay him and to promulgate rules to that effect pursuant to section 944.09(1)(m), Florida Statutes (1997).”

Tonya Weinberg Gilmore v. Pam Hodges, 738 F.3d 266 (11th Cir. 2013). “201(1); see also Fla. Stat. § 944.09 (giving the Florida Department of Corrections the authority to promulgate rules to implement its statutory mandate, including rules relating to the rights of inmates and the furnishing of health and comfort items to prisoners).”

Cassady v. Moore, 737 So. 2d 1174 (Fla. 2d DCA 1999). · cites it 6× “Terry Cassady, who is a state prison inmate, appeals a final summary judgment and declaration in which the trial court determined that section 944.09(1)(n), Florida Statutes (Supp.”

Singletary v. Carpenter, 705 So. 2d 110 (Fla. 2d DCA 1998). · cites it 5× “*111 In both cases the respondents were convicted of offenses addressed in section 944.09(1)(n), Florida Statutes (Supp.”

Glasco v. State, 914 So. 2d 512 (Fla. 5th DCA 2005). · cites it 2× “The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution as provided in section 944.09, Florida Statutes. See Simpkins v.”

Singletary v. Benton, 693 So. 2d 1119 (Fla. 4th DCA 1997). · cites it 5× “Prior to the 1996 amendments, section 944.09(1)(n), Florida Statutes, read: *1120 (1) The department [DOC] shall adopt rules governing the administration of the correctional system and the operation of the department, which rules shall relate to: .”

Hall v. State, 752 So. 2d 575 (Fla. 2000). · cites it 2× “28(2) and added provisions for disciplinary procedures pursuant to rules of the department provided in section 944.09," the Legislature had sought to clarify that the two sections were separate and independent, as each provided altogether different sanctionsone through…”

Singletary v. Bullard, 701 So. 2d 590 (Fla. 5th DCA 1997). · cites it 7× “Bullard responds by arguing that the newly enacted subsection (n) of section 944.09(1) controls the instant case: 944.”

Ronald Bradbury v. Louie L. Wainwright, 718 F.2d 1538 (11th Cir. 1983). “1982) (creation of the Department of Corrections) and Fla.Stat.Ann. § 944.09 (West Supp.1982) (supervision of offenders; rules and regulations).”

Shannon L. Clark v. Michael D. Crews, etc., 159 So. 3d 122 (Fla. 2014). · cites it 2× “CRC00-21224CFANO-C, and why a certified copy of the Court’s findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2014). Clark currently is…”

Show all 42 citing cases →

— 944.09(1) — 2 cases

Singletary v. Bullard, 701 So. 2d 590 (Fla. 5th DCA 1997). “Bullard responds by arguing that the newly enacted subsection (n) of section 944.09(1) controls the instant case: 944.”

Singletary v. Storey, 711 So. 2d 221 (Fla. 5th DCA 1998).

— 944.09(1)(a) — 1 case

Smith v. Florida Dept. of Corr., 920 So. 2d 638 (Fla. 1st DCA 2005). “04 as authority for the rule, and replaced it with a citation to section 944.09, Florida Statutes. See 29 Fla.”

— 944.09(1)(e) — 1 case

Taylor v. State (Fla. 2d DCA 2017).

— 944.09(1)(m) — 1 case

Jackson v. Florida Dept. of Corr., 790 So. 2d 381 (Fla. 2001). “Jackson asserts that he has a right to payment for the duties and tasks he performs in the prison and that the Department of Corrections has a duty to pay him and to promulgate rules to that effect pursuant to section 944.09(1)(m), Florida Statutes (1997).”

— 944.09(1)(n) — 6 cases

Cassady v. Moore, 737 So. 2d 1174 (Fla. 2d DCA 1999). “Terry Cassady, who is a state prison inmate, appeals a final summary judgment and declaration in which the trial court determined that section 944.09(1)(n), Florida Statutes (Supp.”

Singletary v. Carpenter, 705 So. 2d 110 (Fla. 2d DCA 1998). “*111 In both cases the respondents were convicted of offenses addressed in section 944.09(1)(n), Florida Statutes (Supp.”

Singletary v. Benton, 693 So. 2d 1119 (Fla. 4th DCA 1997). “Prior to the 1996 amendments, section 944.09(1)(n), Florida Statutes, read: *1120 (1) The department [DOC] shall adopt rules governing the administration of the correctional system and the operation of the department, which rules shall relate to: .”

Singletary v. Bullard, 701 So. 2d 590 (Fla. 5th DCA 1997). “Bullard responds by arguing that the newly enacted subsection (n) of section 944.09(1) controls the instant case: 944.”

Moore v. Peavey, 729 So. 2d 494 (Fla. 5th DCA 1999).

— 944.09(3) — 1 case

Carthane v. Crosby, 776 So. 2d 964 (Fla. 1st DCA 2000).

— 944.09(4)(h) — 1 case

Dep't of Corr. v. Williams, 901 So. 2d 169 (Fla. 2d DCA 2005).

— 944.09(l)(b) — 1 case

Moultrie v. Dep't of Corr., 25 Fla. Supp. 2d 208 (Fla. Div. Admin. Hr'g 1987).

— 944.09(l)(d) — 1 case

Frederick & Adams v. Dep't of Corr., 22 Fla. Supp. 2d 209 (Fla. Div. Admin. Hr'g 1986).

— 944.09(l)(e) — 1 case

Adlington v. Mosley, 757 So. 2d 573 (Fla. 4th DCA 2000).

— 944.09(l)(h) — 1 case

Raines v. State of Fla., 987 F. Supp. 1416 (N.D. Fla. 1997).

— 944.09(l)(m) — 1 case

Moultrie v. Dep't of Corr., 25 Fla. Supp. 2d 208 (Fla. Div. Admin. Hr'g 1987).

— 944.09(l)(n) — 3 cases

Moore v. Perez, 756 So. 2d 1086 (Fla. 5th DCA 2000).

Murray v. State, 189 So. 3d 910 (Fla. 2d DCA 2016).

Spencer v. Gonzalez, 731 So. 2d 111 (Fla. 1st DCA 1999).

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