The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 945
DEPARTMENT OF CORRECTIONS

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F.S. 945.025

945.025 Jurisdiction of department.—

(1) The Department of Corrections shall have supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to the following facilities and programs for the imprisonment, correction, and rehabilitation of adult offenders:

(a) Department of Corrections adult correctional institutions;

(b) Department of Corrections youthful offender institutions;

(d) Department of Corrections Probation and Restitution Center;

(e) Department of Corrections community correctional centers; and

(f) Department of Corrections vocational centers.

(2) In establishing, operating, and using these facilities, the department shall attempt, whenever possible, to avoid the placement of nondangerous offenders who have potential for rehabilitation with repeat offenders or dangerous offenders. Medical, mental, and psychological problems must be diagnosed and treated whenever possible. The Department of Children and Families and the Agency for Persons with Disabilities shall cooperate to ensure the delivery of services to persons under the custody or supervision of the department. If the department intends to transfer a prisoner who has a mental illness or intellectual disability to the Department of Children and Families or the Agency for Persons with Disabilities, an involuntary commitment hearing shall be held in accordance with chapter 393 or chapter 394.

(3) There shall be other correctional facilities, including detention facilities of varying levels of security, work-release facilities, and community correctional facilities, halfway houses, and other approved community residential and nonresidential facilities and programs; however, no adult correctional facility may be established by changing the use and purpose of any mental health facility or mental health institution under the jurisdiction of any state agency or department without authorization in the General Appropriation Act or other approval by the Legislature. Any community residential facility may be deemed a part of the state correctional system for purposes of maintaining custody of offenders, and for this purpose the department may contract for and purchase the services of such facilities.

(4) Nothing contained in chapter 287 shall be construed as requiring competitive bids for health services involving examination, diagnosis, or treatment.

History.—s. 1, ch. 57-317; s. 1, ch. 67-99; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 26, ch. 74-112; s. 14, ch. 75-49; s. 1, ch. 76-232; s. 69, ch. 77-120; s. 475, ch. 77-147; s. 6, ch. 77-312; s. 78, ch. 79-3; s. 8, ch. 80-374; s. 1, ch. 83-46; s. 2, ch. 83-346; s. 6, ch. 87-87; s. 76, ch. 87-226; s. 313, ch. 99-8; s. 65, ch. 2006-227; s. 41, ch. 2013-162; s. 323, ch. 2014-19.

Note.—Former s. 965.01(1).

F.S. 945.025 on Google Scholar

F.S. 945.025 on Casetext

Amendments to 945.025

Arrestable Offenses / Crimes under Fla. Stat. 945.025

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.025.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CALVIN, J. v. JEFFERSON COUNTY BOARD OF COMMISSIONERS,, 172 F. Supp. 3d 1292 (N.D. Fla. 2016)

. . . . § 945.025(1). . . .

R. WHITSETT, v. CANNON,, 139 F. Supp. 3d 1293 (M.D. Fla. 2015)

. . . . §§ 944.17(7), 945.025(1)). . . .

D. CREWS, v. FLORIDA PUBLIC EMPLOYERS COUNCIL AFSCME, 113 So. 3d 1063 (Fla. Dist. Ct. App. 2013)

. . . See, e.g., § 945.025(4), Fla. . . . See §§ 945.025(4), 768.28(10)(a). . . . Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); § 945.025(1), Fla. . . . responsibility to provide the "supervisory and protective care, custody, and control of the inmates’’); § 945.025 . . .

WARD, v. STATE, 965 So. 2d 308 (Fla. Dist. Ct. App. 2007)

. . . necessary”), and from the breadth of the charge given to the Department by the Florida Legislature, see § 945.025 . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WATTS,, 800 So. 2d 225 (Fla. 2001)

. . . authority for the “supervisory and protective care, custody, and control of’ adult offenders, see § 945.025 . . .

MOULTRIE v. DEPARTMENT OF CORRECTIONS, 25 Fla. Supp. 2d 208 (Fla. Div. Admin. Hearings 1987)

. . . Additionally, and somewhat parenthetically, Section 945.025, Florida Statutes, concerning the jurisdiction . . .

R. SMITH v. O D. ASKEW,, 335 So. 2d 314 (Fla. Dist. Ct. App. 1976)

. . . was passed in the waning days of the 1975 Legislature and became effective July 1, 1975, amended § 945.025 . . .

O D. ASKEW, v. SCHUSTER, 331 So. 2d 297 (Fla. 1976)

. . . final judgment by the Circuit Court in and for DeSoto County holding the latter portion of Section 945.025 . . . The trial court determined that the latter portion of Section 945.025(3), Florida Statutes, relating . . . Pierce Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and . . . Pierce Wood provision of F.S. 945.025(3) is allowed, it would violate the rights given to the patients . . . By Section 945.025(3), Florida Statutes, the Legislature approved the conversion of a portion of G. . . .

STATE L. WAINWRIGHT, v. W. BOOTH,, 291 So. 2d 74 (Fla. Dist. Ct. App. 1974)

. . . . § 945.025 (1971), F.S.A., provides that relator shall have supervisory and protective care, custody . . .