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Florida Statute 945.091 | Lawyer Caselaw & Research
F.S. 945.091 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 945
DEPARTMENT OF CORRECTIONS
View Entire Chapter
F.S. 945.091
945.091 Extension of the limits of confinement; restitution by employed inmates.
(1) The department may adopt rules permitting the extension of the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe that the inmate will honor his or her trust by authorizing the inmate, under prescribed conditions and following investigation and approval by the secretary, or the secretary’s designee, who shall maintain a written record of such action, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(a) Visit, for a specified period, a specifically designated place or places:
1. For the purpose of visiting a dying relative, attending the funeral of a relative, or arranging for employment or for a suitable residence for use when released;
2. To otherwise aid in the rehabilitation of the inmate and his or her successful transition into the community; or
3. For another compelling reason consistent with the public interest,

and return to the same or another institution or facility designated by the Department of Corrections.

(b) Work at paid employment, participate in an education or a training program, or voluntarily serve a public or nonprofit agency or faith-based service group in the community, while continuing as an inmate of the institution or facility in which the inmate is confined, except during the hours of his or her employment, education, training, or service and traveling thereto and therefrom. An inmate may travel to and from his or her place of employment, education, or training only by means of walking, bicycling, or using public transportation or transportation that is provided by a family member or employer. Contingent upon specific appropriations, the department may transport an inmate in a state-owned vehicle if the inmate is unable to obtain other means of travel to his or her place of employment, education, or training.
1. An inmate may participate in paid employment only during the last 36 months of his or her confinement, unless sooner requested by the Florida Commission on Offender Review or the Control Release Authority.
2. While working at paid employment and residing in the facility, an inmate may apply for placement at a contracted substance abuse transition housing program. The transition assistance specialist shall inform the inmate of program availability and assess the inmate’s need and suitability for transition housing assistance. If an inmate is approved for placement, the specialist shall assist the inmate. If an inmate requests and is approved for placement in a contracted faith-based substance abuse transition housing program, the specialist must consult with the chaplain before such placement. The department shall ensure that an inmate’s faith orientation, or lack thereof, will not be considered in determining admission to a faith-based program and that the program does not attempt to convert an inmate toward a particular faith or religious preference.
(c) Participate in a residential or nonresidential rehabilitative program operated by a public or private nonprofit agency, including faith-based service groups, with which the department has contracted for the treatment of such inmate. The provisions of ss. 216.311 and 287.057 shall apply to all contracts between the department and any private entity providing such services. The department shall require such agency to provide appropriate supervision of inmates participating in such program. The department is authorized to terminate any inmate’s participation in the program if such inmate fails to demonstrate satisfactory progress in the program as established by departmental rules.
(2) Each inmate who demonstrates college-level aptitudes by satisfactory evidence of successful completion of college-level academic coursework may be provided the opportunity to participate in college-level academic programs which may be offered at community colleges or universities. The inmate is personally responsible for the payment of all student fees incurred.
(3) The department may adopt regulations as to the eligibility of inmates for the extension of confinement, the disbursement of any earnings of these inmates, or the entering into of agreements between itself and any city or county or federal agency for the housing of these inmates in a local place of confinement. However, no person convicted of sexual battery pursuant to s. 794.011 is eligible for any extension of the limits of confinement under this section.
(4) The willful failure of an inmate to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement designated by the department shall be deemed as an escape from the custody of the department and shall be punishable as prescribed by law.
(5) The provisions of this section shall not be deemed to authorize any inmate who has been convicted of any murder, manslaughter, sexual battery, robbery, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, or aircraft piracy, or any attempt to commit the aforementioned crimes, to attend any classes at any Florida College System institution or any university which is a part of the State University System.
(6)(a) The department shall require inmates working at paid employment as provided in paragraph (1)(b) to use a portion of the employment proceeds to provide restitution to the aggrieved party for the damage or loss caused by the offense of the inmate, in an amount to be determined by the department, unless the department finds clear and compelling reasons not to order such restitution. If restitution or partial restitution is not ordered, the department shall state on the record in detail the reasons therefor.
(b) An offender who is required to provide restitution or reparation may petition the circuit court to amend the amount of restitution or reparation required or to revise the schedule of repayment established by the department or the Florida Commission on Offender Review.
(7) The department shall document and account for all forms for disciplinary reports for inmates placed on extended limits of confinement, which shall include, but not be limited to, all violations of rules of conduct, the rule or rules violated, the nature of punishment administered, the authority ordering such punishment, and the duration of time during which the inmate was subjected to confinement.
(8)(a) The department is authorized to levy fines only through disciplinary reports and only against inmates placed on extended limits of confinement. Major and minor infractions and their respective punishments for inmates placed on extended limits of confinement shall be defined by the rules of the department, provided that any fine shall not exceed $50 for each infraction deemed to be minor and $100 for each infraction deemed to be major. Such fines shall be deposited in the General Revenue Fund, and a receipt shall be given to the inmate.
(b) When the chief correctional officer determines that a fine would be an appropriate punishment for a violation of the rules of the department, both the determination of guilt and the amount of the fine shall be determined by the disciplinary committee pursuant to the method prescribed in s. 944.28(2)(c).
(c) The department shall develop rules defining the policies and procedures for the administering of such fines.
History.s. 1, ch. 67-59; s. 1, ch. 69-6; ss. 19, 35, ch. 69-106; s. 1, ch. 71-112; s. 9, ch. 76-273; s. 74, ch. 77-120; s. 4, ch. 77-150; s. 86, ch. 79-3; s. 2, ch. 83-274; s. 2, ch. 83-290; s. 7, ch. 84-363; s. 9, ch. 85-288; s. 8, ch. 85-340; s. 2, ch. 86-46; s. 12, ch. 88-96; ss. 55, 88, ch. 88-122; s. 32, ch. 90-268; s. 1, ch. 92-27; s. 21, ch. 93-156; s. 27, ch. 95-283; s. 13, ch. 96-312; s. 1857, ch. 97-102; s. 14, ch. 2001-110; s. 1, ch. 2003-141; s. 9, ch. 2003-179; s. 171, ch. 2014-17; s. 36, ch. 2014-191.

F.S. 945.091 on Google Scholar

F.S. 945.091 on Casetext

Amendments to 945.091


Arrestable Offenses / Crimes under Fla. Stat. 945.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 945.091.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RODRIGUEZ, v. STATE, 224 So. 3d 811 (Fla. Dist. Ct. App. 2017)

. . . Section 945.091, Florida Statutes (2014), authorizes the Department of Corrections to adopt rules “permitting . . . State because, by their express language, they only apply to prisoners who have been sentenced. §§ 945.091 . . . State, 527 So.2d 1382, 1384 (Fla. 1988) (“Nor do the provisions of sections 945.091 and 951.24, Florida . . . The court observed that although sections 945.091 and 951.24 extended the definition of confinement in . . . Although the legislature has expressly provided in section 945.091 that the failure to timely return . . .

J. POILLOT, v. STATE, 200 So. 3d 743 (Fla. 2016)

. . . The Fifth District discussed that the language in section 945.091(1)(b) shows that work release is merely . . . Additionally, section 945.091, Florida Statutes, authorizes the DOC to extend the limits of a prisoner . . . Stat. (2014) (emphasis added); Under section 945.091(4), an inmate on authorized work release can be . . . In this case, pursuant to section 945.091, the work release program was an extension of the limits of . . . See § 945.091(l)(b), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 199 So. 3d 234 (Fla. 2016)

. . . (including § 945.091(4), Fla. Stat. and § 951.24(4), Fla. Stat.) . . .

McCARTHAN, v. WARDEN, FCI ESTILL,, 811 F.3d 1237 (11th Cir. 2016)

. . . . § 945.091(4). . . . Stat. § 945.091(4). . . . .

STATE v. J. POILLOT,, 173 So. 3d 1070 (Fla. Dist. Ct. App. 2015)

. . . facie case of escape under section 944.40 in the context of this case, we must also examine section 945.091 . . . deemed as an escape from the custody of the department and shall be punishable as prescribed by law. § 945.091 . . . State, 333 So.2d 84, 85 (Fla. 1st DCA 1976) (“The Legislature, by the adoption of Florida Statutes 945.091 . . . As such, under section 945.091, an inmate on authorized work release can still be guilty of escape under . . . a lack of factual specificity in the amended information or that the State did not include section 945.091 . . .

A. THOMAS, v. DEPARTMENT OF CORRECTIONS,, 159 So. 3d 291 (Fla. Dist. Ct. App. 2015)

. . . Section 945.091, Florida Statutes (2013), provides as follows: (1) The department may adopt rules permitting . . .

UNITED STATES v. PROCH,, 637 F.3d 1262 (11th Cir. 2011)

. . . This is also demonstrated by another Florida statute, § 945.091(4), which proscribes the failure to report . . .

UNITED STATES v. SANCHEZ, a. k. a., 586 F.3d 918 (11th Cir. 2009)

. . . . § 945.091(4), which punishes a failure to return. . . . Stat. § 945.091(4), and not Fla. Stat. § 944.40. . . . Conduct that violates § 945.091(4), however, is deemed a violation of § 944.40. See Fla. . . . . § 945.091(4) (“The willful failure of an inmate ... to return within the time prescribed to the place . . . Stat. § 945.091(4) provides: The willful failure of an inmate to remain within the extended limits of . . .

UNITED STATES v. TAYLOR,, 489 F.3d 1112 (11th Cir. 2007)

. . . . § 945.091(4). . . .

CRUMITY, v. STATE, 922 So. 2d 276 (Fla. Dist. Ct. App. 2006)

. . . The outcome may have been different had the State relied on section 945.091(4), Florida Statutes (2003 . . .

J. A. G. a v. STATE, 825 So. 2d 497 (Fla. Dist. Ct. App. 2002)

. . . It is section 945.091, Florida Statutes (2001), that defines that offense. . . . It does not incorporate section 945.091, “failure to return” escapes. . . .

THOMAS, v. STATE, 741 So. 2d 1246 (Fla. Dist. Ct. App. 1999)

. . . .” § 945.091(4), Fla. Stat. (1997). See also § 775.082(8)(a), Fla. Stat. (1997). . . . Section 945.091, Florida Statutes (1997), is predicated upon the Department of Corrections' belief that . . .

ATWELL, v. STATE, 739 So. 2d 1166 (Fla. Dist. Ct. App. 1999)

. . . Section 945.091(4), Florida Statutes (1997), provides: The willful failure of an inmate to remain within . . . In the amended information at issue here, the state charged (without reference to section 945.091(4), . . .

HILBERT, v. STATE, 661 So. 2d 895 (Fla. Dist. Ct. App. 1995)

. . . that where he was in a supervised release status and not confined as that term is defined in section 945.091 . . . Section 945.091(l)(d) states in pertinent part that "[w]hile in a supervised release status, the inmate . . .

R. FARMER, v. CREWS,, 804 F. Supp. 1516 (M.D. Fla. 1992)

. . . Florida Statute 945.091(l)(a)(l) states in pertinent part: The department is authorized to adopt regulations . . .

MUNN, Jr. v. STATE, 573 So. 2d 439 (Fla. Dist. Ct. App. 1991)

. . . been released from state prison into the supervised community release program authorized by section 945.091 . . . Section 945.091(l)(d) states that “fwjhile in a supervised release status, the inmate shall not be considered . . .

TARPLEY, v. STATE, 566 So. 2d 914 (Fla. Dist. Ct. App. 1990)

. . . See §§ 944.277(l)(c), 945.091(3), Fla.Stat. (1989). . . .

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

. . . Nor do the provisions of sections 945.091 and 951.24, Florida Statutes (1985), which extend the definition . . .

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

. . . of the limits of confinement” for county prisoners and for state prisoners via Sections 951.24 and 945.091 . . .

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

. . . Finally, and somewhat collaterally, it is noted that the Petitioner contends that Section 945.091(8)( . . .

JOHNSON, v. STATE, 357 So. 2d 203 (Fla. Dist. Ct. App. 1978)

. . . Although Sections 945.091 and 951.24, Florida Statutes (1975), specifically recognize that a prisoner . . .

W. PRICE, v. STATE, 333 So. 2d 84 (Fla. Dist. Ct. App. 1976)

. . . The legislature, by the adoption of Florida Statutes 945.091 and 951.24, has recognized that a prisoner . . . Florida Statute 945.091 relates to prisons and correctional institutions under the jurisdiction of the . . . Appellant argues that Florida Statute 945.091 is inapplicable to him because it deals with state facilities . . .

V. COSTELLO, v. L. WAINWRIGHT,, 525 F.2d 1239 (5th Cir. 1976)

. . . Also, § 945.091 authorizes releases “ . . for [other] compelling reason[s] consistent with the public . . .