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Florida Statute 944.096 | Lawyer Caselaw & Research
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F.S. 944.096 Case Law from Google Scholar Google Search for Amendments to 944.096

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.096
944.096 Budget requests for residential facility construction; estimates; appropriations; population in excess of capacity.—
(1) Beginning October 1, 1983, all legislative budget requests for the construction of additional residential facilities in the Department of Corrections shall utilize the estimates of the Criminal Justice Estimating Conference. The estimates shall be based on current legal and constitutional standards and be accompanied by a supporting projected estimate of the inmate population for the period covered by the budget request. Each estimate shall include, but shall not be limited to, consideration of the following factors:
(a) Current law.
(b) Current sentencing practices.
(c) Current parole practices.
(d) Current Department of Corrections program rules.
(2) The Legislature shall accept the projected estimate from the Criminal Justice Estimating Conference as accurate, but it is not obligated to fund any budget based on the estimate. The Legislature may elect to modify any programs, practices, or procedures listed in subsection (1) and, based on a revised estimate of the impact of these modifications by the Criminal Justice Estimating Conference, adjust the level of required funding accordingly. Alternatively, the Legislature may elect to offset the need for funding the construction of residential facilities to meet the projected need through the establishment of programs alternative to incarceration.
(3) In the event the inmate population exceeds the total capacity of the residential facilities provided by the Legislature pursuant to this section, the control release procedures as defined in s. 947.146 shall apply.
(4) As used in this section, the term:
(a) “Criminal Justice Estimating Conference” means the designated professional staffs of the Governor’s office, the Legislature, and the Supreme Court who meet in regularly scheduled meetings chaired by the state economist or the state economist’s designee to forecast inmate and caseload counts and other information needed to support the state budgeting process.
(b) “Total capacity” of the state correctional system as defined in s. 944.023(1)(b).
(c) “State correctional system” means the system as defined in s. 944.02.
History.—ss. 3, 4, ch. 83-131; s. 2, ch. 87-234; s. 14, ch. 89-531; s. 9, ch. 92-47; s. 78, ch. 95-211; s. 3, ch. 95-251; s. 1644, ch. 97-102.

F.S. 944.096 on Google Scholar

F.S. 944.096 on Casetext

Amendments to 944.096


Arrestable Offenses / Crimes under Fla. Stat. 944.096
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.096.

Annotations, Discussions, Cases:

Cases Citing Statute 944.096

Total Results: 6

Robert B. Leftwich v. Florida Department of Corrections

Court: Supreme Court of Florida | Date Filed: 2014-09-18

Citation: 148 So. 3d 79, 39 Fla. L. Weekly Supp. 565, 2014 Fla. LEXIS 2822, 2014 WL 4638692

Snippet: 5 percent of lawful capacity as defined in s. 944.096, the Secretary of Corrections shall certify to

Gomez v. Singletary

Court: Supreme Court of Florida | Date Filed: 1998-12-24

Citation: 733 So. 2d 499, 1998 WL 892663

Snippet: definition was changed to 150%. See §§ 947.146(2); 944.096(4)(b); 944.023(1)(b), Fla. Stat. (1995); ch. 95-251

Gramegna v. Florida Parole Com'n

Court: District Court of Appeal of Florida | Date Filed: 1994-06-08

Citation: 638 So. 2d 205, 1994 Fla. App. LEXIS 5423, 1994 WL 244429

Snippet: percent of its lawful capacity as defined in s. 944.096. No inmate has a right to control release. Control

Fisher v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-02-12

Citation: 613 So. 2d 1355, 1993 Fla. App. LEXIS 1841, 1993 WL 35258

Snippet: 5 percent of lawful capacity as defined in s. 944.096, the Secretary of Corrections shall certify to

Dugger v. Grant

Court: Supreme Court of Florida | Date Filed: 1992-12-10

Citation: 610 So. 2d 428, 1992 WL 362211

Snippet: 5 percent of lawful capacity as defined in s. 944.096, the Secretary of Corrections shall certify to

Miller v. Dugger

Court: District Court of Appeal of Florida | Date Filed: 1990-08-09

Citation: 565 So. 2d 846, 1990 WL 115522

Snippet: 5 percent of lawful capacity as defined in s. 944.096, the Secretary of Corrections shall certify to