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Florida Statute 944.02 | Lawyer Caselaw & Research
F.S. 944.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 944.02

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
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.

F.S. 944.02 on Google Scholar

F.S. 944.02 on Casetext

Amendments to 944.02


Arrestable Offenses / Crimes under Fla. Stat. 944.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . . § 944.02(8), Fla. Stat. . . . State Correctional Facility. § 944.02(8), Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 370 (Fla. 2018)

. . . . § 944.02(8), Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . . § 944.02(8), Fla. Stat. . . . State Correctional Facility. § 944.02(8), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . . § 944.02(8), Fla. Stat. . . .

DAWES, v. STATE, 135 So. 3d 420 (Fla. Dist. Ct. App. 2014)

. . . other correctional institutions, is under the jurisdiction of the Department of Corrections, see § 944.02 . . . prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department, § 944.02 . . .

LACEY, v. STATE, 114 So. 3d 452 (Fla. Dist. Ct. App. 2013)

. . . prisoner, who is defined as someone in the custody of the [Department of Corrections] pursuant to section 944.02 . . .

HOPKINS, v. STATE, 105 So. 3d 470 (Fla. 2012)

. . . , the Legislature defined the type of facilities as: a state correctional institution defined in s. 944.02 . . .

SPANN, v. STATE, 996 So. 2d 873 (Fla. Dist. Ct. App. 2008)

. . . .” § 944.02(6), Fla. Stat. . . .

STATE v. KING,, 968 So. 2d 658 (Fla. Dist. Ct. App. 2007)

. . . escape attempts by a prisoner, who is defined as someone in the custody of the DOC pursuant to section 944.02 . . .

HEBERT, v. STATE, 962 So. 2d 1068 (Fla. Dist. Ct. App. 2007)

. . . .” § 944.02(6), Fla. Stat. (2005). . . .

RICHARDSON, Sr. v. FLORIDA PAROLE COMMISSION,, 924 So. 2d 908 (Fla. Dist. Ct. App. 2006)

. . . Florida Statutes (2003), sets forth an exception to this general rule for “prisoners, as defined by s. 944.02 . . .

CLARK, v. STATE, 920 So. 2d 634 (Fla. Dist. Ct. App. 2005)

. . . See § 944.02(b), Fla. Stat. (2002). . . .

APPLEWHITE, v. STATE, 874 So. 2d 1276 (Fla. Dist. Ct. App. 2004)

. . . . § 944.02(6), Fla. Stat. (2001). . . .

L. GARNER, v. STATE, 839 So. 2d 924 (Fla. Dist. Ct. App. 2003)

. . . .” § 944.02(6), Fla. Stat. (1999)(emphasis added). . . . .” § 944.02(5). . . . Garner was not a prisoner within the meaning of section 944.02(5). . . .

STATE v. FRANKLIN,, 836 So. 2d 1112 (Fla. Dist. Ct. App. 2003)

. . . The bill reads as follows: A bill to be entitled An act relating to corrections; amending s. 944.02, . . . Subsection (6) of section 944.02, Florida Statutes, is amended to read: 944.02 Definitions. — The following . . . stated: By Senator Crist— SB 1636 — A bill to be entitled An act relating to corrections; amending s. 944.02 . . . Florida as follows: CHAPTER 2002-32 Senate Bill No. 1636 An act relating to corrections; amending s. 944.02 . . . Subsection (6) of section 944.02 Florida Statutes, is amended to read: 944.02 Definitions. — The following . . .

CALDWELL, v. STATE, 821 So. 2d 374 (Fla. Dist. Ct. App. 2002)

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

A. THOMAS, v. STATE, 805 So. 2d 102 (Fla. Dist. Ct. App. 2002)

. . . .” § 944.02(5), Fla. Stat. (1999). . . .

ADAMS, v. DEPARTMENT OF CORRECTIONS,, 801 So. 2d 150 (Fla. Dist. Ct. App. 2001)

. . . . § 944.02(5), Fla. Stat. (Supp.1988). . . . institutions now existing or hereafter created under the jurisdiction of the Department of Corrections.” § 944.02 . . .

HUTCHINSON, v. STATE, 771 So. 2d 1287 (Fla. Dist. Ct. App. 2000)

. . . Akers, 367 So.2d 700 (Fla. 2d DCA 1979), which, construing sections 944.40 and 944.02(5), Florida Statutes . . .

VILLEGAS- ALEN, v. STATE, 797 So. 2d 1 (Fla. Dist. Ct. App. 2000)

. . . The word “prisoner” in turn is defined in section 944.02(5) (emphasis added) as any person who is under . . . the state correctly conceded below that the second part of the definition of “prisoner” in section 944.02 . . . appellant’s arrest and detention precludes his being considered a “prisoner” as defined by section 944.02 . . . To be a “prisoner” under sections 944.02(5) and 944.40, therefore, Florida law requires that the person . . .

WILLIAMS, v. STATE, 770 So. 2d 1263 (Fla. Dist. Ct. App. 2000)

. . . Williams contends that he was not a “prisoner” under section 944.02(5), Florida Statutes (1999), because . . . The legislature chose not to define “law enforcement official” in section 944.02(5), and we reject Williams . . . The supreme court has stated that sections 944.40 and 944.02(5) should not be narrowly construed in a . . .

J. QUIGLEY, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 745 So. 2d 1029 (Fla. Dist. Ct. App. 1999)

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

In COUNTY OF ORANGE, a, 219 B.R. 543 (Bankr. C.D. Cal. 1997)

. . . once a plan has been accepted by the requisite majorities, all creditors are bound by the plan, at ¶ 944.02 . . .

P. SHELEY, v. FLORIDA PAROLE COMMISSION,, 703 So. 2d 1202 (Fla. Dist. Ct. App. 1997)

. . . (3)(a), Florida Statutes, creates the following exception to the rule: “prisoners, as defined by s. 944.02 . . .

BASIC ENERGY CORPORATION, v. HAMILTON COUNTY, a a, 652 So. 2d 1237 (Fla. Dist. Ct. App. 1995)

. . . Section 944.02(1), Florida Statutes (1993). . . .

G. SWEENEY, v. STATE, 633 So. 2d 66 (Fla. Dist. Ct. App. 1994)

. . . Section 944.02(5), Florida Statutes (1991), defines “prisoner” as: Any person who is under arrest and . . .

BROWN, v. STATE, 623 So. 2d 800 (Fla. Dist. Ct. App. 1993)

. . . Section 944.02(5), Florida Statutes (1991), defines “prisoner” as: [A]ny person who is under arrest and . . .

JONES, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 615 So. 2d 798 (Fla. Dist. Ct. App. 1993)

. . . .-52(12)(d) so that section now states in part: Prisoners as defined in s. 944.02(5) may obtain or participate . . .

STATE v. McKENZIE,, 574 So. 2d 1176 (Fla. Dist. Ct. App. 1991)

. . . Those state agencies include the Department of Corrections {see, sections 944.02(2) and 945.01(2), Florida . . .

STATE OF FLORIDA v LOPEZ- ONA, 32 Fla. Supp. 2d 157 (Fla. Cir. Ct. 1989)

. . . The majority has also overlooked F.S. 944.02(5) and Pumphrey v State, 512 So.2d 1018 (Fla. 1st DCA 1987 . . . ) wherein the court noted: “The term prisoner is defined in section 944.02(5) as ‘any person who is under . . .

PUMPHREY, v. STATE, 527 So. 2d 1382 (Fla. 1988)

. . . The DCA affirmed the conviction, finding that Pumphrey was a “prisoner” under section 944.02(5), Florida . . .

PUGH, v. STATE, 518 So. 2d 424 (Fla. Dist. Ct. App. 1988)

. . . .); §§ 944.40, 944.02(5), Fla.Stat. (1985). . . .

PUMPHREY, v. STATE, 512 So. 2d 1018 (Fla. Dist. Ct. App. 1987)

. . . He thus concludes that he did not meet the definition of “prisoner” found in section 944.02(5), Florida . . . The term “prisoner” is defined in section 944.02(5) as “any person who is under arrest and in the lawful . . . and sentencing, thus satisfying both conditions of the first definition of prisoner found in section 944.02 . . .

DEPARTMENT OF PROFESSIONAL REGULATION, v. J. YOLMAN,, 508 So. 2d 468 (Fla. Dist. Ct. App. 1987)

. . . is whether a party to a license revocation proceeding who becomes a prisoner as defined in section 944.02 . . . This section states in part: Prisoners as defined in s. 944.02(5) may obtain or participate in proceedings . . . definition of “party” in the Administrative Procedure Act staled that “[prisoners as defined in s. 944.02 . . .

FREDERICK, v. DEPARTMENT OF CORRECTIONS CRIBBS, v. DEPARTMENT OF CORRECTIONS, 26 Fla. Supp. 2d 250 (Fla. Div. Admin. Hearings 1987)

. . . Petitioners are prisoners as defined by Section 944.02(5), Florida Statutes, and are authorized by Section . . .

A. GRIFFITH, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 485 So. 2d 818 (Fla. 1986)

. . . The relevant part of § 120.52(10)(d), Fla.Stat. (1981), reads: Prisoners as defined in s. 944.02(5) shall . . .

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 . . . Instead, the court held: Construing the statutes [§§ 944.40 and 944.02(5), Fla.Stat. (1977) ], in pari . . .

STATE v. IAFORNARO,, 447 So. 2d 961 (Fla. Dist. Ct. App. 1984)

. . . Section 944.02(5), Florida Statutes (1981) defines a prisoner as “any person who is under arrest and . . .

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 . . .

RAMSEY, Jr. v. STATE, 442 So. 2d 303 (Fla. Dist. Ct. App. 1983)

. . . “Prisoner” is defined in section 944.02(5), Florida Statutes (1981), as follows: ‘Prisoner’ means any . . . The state contends that if Ramsey were a prisoner under section 944.02(5) and thus in lawful custody . . . In Akers, the court stated: Construing the statutes [§§ 944.40 and 944.02(5), Fla.Stat. (1977)], in pari . . .

BRADBURY, v. L. WAINWRIGHT,, 718 F.2d 1538 (11th Cir. 1983)

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

ROTHERMEL, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 441 So. 2d 663 (Fla. Dist. Ct. App. 1983)

. . . 120.52(10), Florida Statutes (1982 Supp.), by providing in pertinent part: “Prisoners as defined in s. 944.02 . . .

H. ROBERSON, v. FLORIDA PAROLE PROBATION COMMISSION, FLORIDA PAROLE PROBATION COMMISSION, v. DISTRICT COURT OF APPEAL, FIRST DISTRICT,, 444 So. 2d 917 (Fla. 1983)

. . . Section 120.52(10)(d) expressly provides that prisoners defined by section 944.02(5) are not parties . . . Chapter 83-78 specifically states that prisoners, defined in section 944.02(5), may not seek review under . . . The pertinent part of section 120.52(10) reads as follows: Prisoners as defined in s. 944.02(5) shall . . . scope as to excluding prisoners from the purview of the APA, proposing: Prisoners as defined in s. 944.02 . . . amended by chapter 78-28, Laws of Fla., by the addition of the following: Prisoners, as defined in s. 944.02 . . .

ASSOCIATION OF CONDOMINIUMS, INC. v. DEPARTMENT OF REVENUE,, 431 So. 2d 748 (Fla. Dist. Ct. App. 1983)

. . . Prisoners, as defined in s. 944.02(5), may be limited by the Department of Corrections to an opportunity . . .

WILLIAMS, v. STATE, 416 So. 2d 493 (Fla. Dist. Ct. App. 1982)

. . . continue to read into section 944.40, Florida Statutes (1979) the element of “lawful custody” from section 944.02 . . . The definition of the word “prisoner” in the foregoing statute is supplied by section 944.02, Florida . . . Section 944.02(4), Florida Statutes (1979), provides: “Prisoner” means any person who is under arrest . . .

BRADBURY, v. L. WAINWRIGHT,, 538 F. Supp. 377 (M.D. Fla. 1982)

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

H. ROBERSON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 407 So. 2d 1044 (Fla. Dist. Ct. App. 1981)

. . . .-52(10)(d) which states that Prisoners as defined in s.944.02(5) shall not be considered parties for . . .

B. SHINHOLSTER, v. GRAHAM,, 527 F. Supp. 1318 (N.D. Fla. 1981)

. . . Section 944.02(5) defines “prisoner”: “Prisoner” means any person who is under arrest and in the lawful . . . Fla.Stat. § 944.02(5) (1979). . . .

DANIELS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 401 So. 2d 1351 (Fla. Dist. Ct. App. 1981)

. . . to seek an appeal, relying upon Section 120.52(10)(d), which provides: “Prisoners as defined in s. 944.02 . . . introduced at the 1978 regular session with identical provisions, proposing: “Prisoners as defined in s. 944.02 . . .

YATES, v. STATE, 392 So. 2d 1020 (Fla. Dist. Ct. App. 1981)

. . . Section 944.02(5), Florida Statutes (1979) defines “prisoner” as: any person who is ... convicted or . . .

DEPARTMENT OF CORRECTIONS, v. J. ROSEMAN,, 390 So. 2d 394 (Fla. Dist. Ct. App. 1980)

. . . before parole, and inmates who wish to marry other inmates or other prisoners as defined by Section 944.02 . . .

P. COULTER, v. M. DAVIN, 373 So. 2d 423 (Fla. Dist. Ct. App. 1979)

. . . Prisoners as defined in s. 944.02(5) shall not be considered parties for the purposes of obtaining proceedings . . .

W. FOUTS, v. STATE, 374 So. 2d 22 (Fla. Dist. Ct. App. 1979)

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

STATE v. AKERS,, 367 So. 2d 700 (Fla. Dist. Ct. App. 1979)

. . . Section 944.02(5), Florida Statutes (1977), states that “ ‘[p]risoner’ means any person who is under . . .

JONES, v. STATE, 336 So. 2d 1172 (Fla. 1976)

. . . the department for treatment in a youth program outside the correctional system as defined in section 944.02 . . .

ROBERTS, v. STATE, 335 So. 2d 285 (Fla. 1976)

. . . the department for treatment in a youth program outside the correctional system as defined in section 944.02 . . .

ESTEP, v. STATE, 318 So. 2d 520 (Fla. Dist. Ct. App. 1975)

. . . Section 944.02(4), F.S., defines prisoner as any person who is under arrest and in lawful custody of . . .

JOHNSON, v. STATE, 314 So. 2d 573 (Fla. 1975)

. . . the department for treatment in a youth program outside the correctional system as defined in section 944.02 . . .

BROCHU, v. STATE, 258 So. 2d 286 (Fla. Dist. Ct. App. 1972)

. . . . § 944.02(! . . . We note that F.S. §§ 944.40 and 944.02 (5) were amended in 1971, but as amended are not applicable to . . .

HILL, v. C. BURKE, BOYE, v. C. BURKE,, 289 F. Supp. 921 (W.D. Wis. 1968)

. . . These crimes are rape (§ 944.01), sexual intercourse without consent (§ 944.02), indecent behavior with . . .

MILLER VIDOR LUMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, 39 F.2d 890 (5th Cir. 1930)

. . . For 1920 it was allowed as a deduction for interest $48,862.54, and disallowed $55,-944.02, which was . . .