Florida Statute 944.9 - 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. 944.09

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.

(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.

F.S. 944.09 on Google Scholar

F.S. 944.09 on CourtListener

Amendments to 944.09

Annotations, Discussions, Cases:

Cases Citing Statute 944.09

Total Results: 32

Jim E. Chandler v. James Crosby

379 F.3d 1278, 2004 U.S. App. LEXIS 16246, 2004 WL 1764123

Court of Appeals for the Eleventh Circuit | Filed: Aug 6, 2004 | Docket: 92486

Cited 501 times | Published

grievance procedures. See Fla. Stat. Ann. § 944.09(l)(d) (“The department has authority to adopt

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

the Department of Corrections) and Fla.Stat.Ann. § 944.09 (West Supp.1982) (supervision of offenders; rules

Tonya Weinberg Gilmore v. Pam Hodges

738 F.3d 266, 2013 WL 6698070, 2013 U.S. App. LEXIS 25326

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 2013 | Docket: 3659

Cited 27 times | Published

33-210.201(1); see also Fla. Stat. § 944.09 (giving the Florida Department of Corrections

Jackson v. Florida Dept. of Corrections

790 So. 2d 381, 26 Fla. L. Weekly Supp. 51, 2001 Fla. LEXIS 38, 2000 WL 33114471

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 1734492

Cited 13 times | Published

promulgate rules to that effect pursuant to section 944.09(1)(m), Florida Statutes (1997). Nevertheless

Hall v. State

752 So. 2d 575, 2000 WL 44045

Supreme Court of Florida | Filed: Jan 20, 2000 | Docket: 1103195

Cited 12 times | Published

pursuant to rules of the department provided in section 944.09," the Legislature had sought to clarify that

Cassady v. Moore

737 So. 2d 1174, 1999 WL 454406

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1300989

Cited 5 times | Published

declaration in which the trial court determined that section 944.09(1)(n), Florida Statutes (Supp.1996), is valid

Moore v. Peavey

729 So. 2d 494, 1999 WL 162455

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 1172259

Cited 5 times | Published

Bullard, 701 So.2d 590 (Fla. 5th DCA 1997). Section 944.09(1)(n), Florida Statutes (1997) provides in

Singletary v. Carpenter

705 So. 2d 110, 1998 WL 17743

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1753788

Cited 4 times | Published

respondents were convicted of offenses addressed in section 944.09(1)(n), Florida Statutes (Supp.1996), which

Glasco v. State

914 So. 2d 512, 2005 WL 3076651

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781823

Cited 3 times | Published

the appropriate institution as provided in section 944.09, Florida Statutes. See Simpkins v. State, 909

Saucer v. State

736 So. 2d 10, 1998 WL 874774

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1431874

Cited 3 times | Published

by the Department of Corrections pursuant to section 944.09 for frivolous or malicious actions in civil

Singletary v. Benton

693 So. 2d 1119, 1997 WL 269082

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1524471

Cited 3 times | Published

correctional system. Prior to the 1996 amendments, section 944.09(1)(n), Florida Statutes, read: *1120 (1) The

Department of Corrections v. Hargrove

615 So. 2d 199, 1993 Fla. App. LEXIS 2382, 1993 WL 53137

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 1658949

Cited 3 times | Published

pertinent statutory authority cited by DOC includes section 944.09, Florida Statutes, and section 944.23, Florida

Smith v. Florida Dept. of Corrections

920 So. 2d 638, 2005 Fla. App. LEXIS 7670, 2005 WL 1199049

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 2551714

Cited 2 times | Published

the rule, and replaced it with a citation to section 944.09, Florida Statutes. See 29 Fla. Admin. W. 3808-09

Carthane v. Crosby

776 So. 2d 964, 2000 WL 1867572

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 1521369

Cited 2 times | Published

reasons for departure on a guidelines scoresheet. Section 944.09(3), Florida Statutes (1999), which mandates

Singletary v. Bullard

701 So. 2d 590, 1997 WL 640762

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 1439763

Cited 2 times | Published

this argument, DOC asserts that, by enacting section 944.09(1)(n), Florida Statutes (1995), the legislature

Carswell v. State

997 So. 2d 506, 2008 WL 5352124

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1428891

Cited 1 times | Published

for disciplinary procedures as provided in section 944.09, Florida Statutes (2008). APPEAL AFFIRMED;

Delarosa v. State

913 So. 2d 76, 2005 WL 2510230

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1698421

Cited 1 times | Published

son also does not make his plea involuntary. See § 944.09(1)(n), Fla. Stat. (2004)(precluding visitation

Lyons v. Trinity Services Group, Inc.

401 F. Supp. 2d 1290, 2005 U.S. Dist. LEXIS 39526, 2005 WL 3234295

District Court, S.D. Florida | Filed: Aug 16, 2005 | Docket: 2367866

Cited 1 times | Published

(internal quotations omitted). Pursuant to Fla. Stat. § 944.09, the Florida legislature delegated to the Department

Moore v. Perez

756 So. 2d 1086, 2000 Fla. App. LEXIS 5015, 2000 WL 502662

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 64797050

Cited 1 times | Published

recipient on the certifícate of service. Under section 944.09(l)(n), Florida Statutes (1999), an inmate with

JODY MAURICE CRUM v. STATE OF FLORIDA

264 So. 3d 1030

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 8472882

Published

the rules of the Department as provided in section 944.09. Crum responded to our order to show cause

Taylor v. State

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

Published

are interchangeable for definitional purposes); § 944.09(1)(e) ("The [DOC] has authority to adopt

Kenneth L. Grimsley v. Julie L. Jones, etc.

213 So. 3d 353, 41 Fla. L. Weekly Supp. 560, 2016 Fla. LEXIS 2555

Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544121

Published

possible disciplinary action as provided in section 944.09, Florida Statutes (2016). Grimsley filed

Willie A. Smith v. Julie L. Jones, etc.

191 So. 3d 445, 41 Fla. L. Weekly Supp. 222, 2016 WL 2753860, 2016 Fla. LEXIS 999

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063427

Published

Florida Department of Corrections as provided in section 944.09, Florida Statutes (2015). Smith currently

Murray v. State

189 So. 3d 910, 2016 Fla. App. LEXIS 4199, 2016 WL 1066250

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 3045925

Published

authority of the DOC.” The opinion explained that section 944.09(l)(n), Florida Statutes (Supp.1996), which

Shannon L. Clark v. Michael D. Crews, etc.

159 So. 3d 122, 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3431, 2014 WL 6474626

Supreme Court of Florida | Filed: Nov 20, 2014 | Docket: 2607362

Published

Florida Department of Corrections as provided in section 944.09, Florida Statutes (2014). Clark currently

Wells v. State

14 So. 3d 1255, 2009 Fla. App. LEXIS 8600, 2009 WL 1883922

District Court of Appeal of Florida | Filed: Jul 2, 2009 | Docket: 1161123

Published

for disciplinary procedures as provided in section 944.09, Florida Statutes (2008). See Stephens v. State

Walden v. State

993 So. 2d 1138, 2008 WL 4753878

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 2587128

Published

for disciplinary procedures as provided in section 944.09, Florida Statutes (2008). APPEAL AFFIRMED;

Simmons v. State

913 So. 2d 101, 2005 Fla. App. LEXIS 16653, 2005 WL 2673906

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 64840725

Published

appropriate institution for disciplinary procedures. See § 944.09, Fla. Stat. (2005). DENIED; Future Pro Se Filings

Department of Corrections v. Williams

901 So. 2d 169, 2005 Fla. App. LEXIS 2006, 2005 WL 415109

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64837999

Published

him during the period of conditional release. § 944.09(4)(h); Fla. Admin. Code 33-302.109. Probation

Spencer v. Gonzalez

731 So. 2d 111, 1999 Fla. App. LEXIS 4998, 1999 WL 219186

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787824

Published

federal constitutional rights under color of section 944.09(l)(n), Florida Statutes (1997), and seeking

Singletary v. Storey

711 So. 2d 221, 1998 Fla. App. LEXIS 5714, 1998 WL 256991

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 64781084

Published

DAUKSCH and W. SHARP, JJ., concur. . See section 944.09(1)00, Florida Statutes.

Raines v. State of Fla.

987 F. Supp. 1416, 1997 U.S. Dist. LEXIS 21379, 1997 WL 776336

District Court, N.D. Florida | Filed: Nov 21, 1997 | Docket: 1379129

Published

law. 17. Defendants represent that pursuant to § 944.09(1)(h) and 944.275(4)(b), Fla.Stat. (1995), they