Fla. Stat. 944.38
Acceptance of remuneration from contractor; dealing or barter with prisoners; interest in contract; penalty


(1)(a)

An officer or employee of the department may not receive any compensation whatsoever, directly or indirectly, for any act or service that she or he may do or perform for or on behalf of any officer or employee or agent, or employee of a contractor. An officer or employee of the department or the state may not have an interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for or on behalf of the department.This subsection does not prevent an officer or employee of the department from accepting other employment or following any pursuit that does not interfere with the full and faithful discharge by the officer or employee of his or her duties to the department. This subsection does not prevent an officer or employee of the department from accepting secondary employment with an entity contracting with the department if the officer or employee does not have responsibilities or involvement with the department’s award or management of the contract or with the process of making referrals to or evaluating the contracting entity.

(1)(a)

An officer or employee of the department may not receive any compensation whatsoever, directly or indirectly, for any act or service that she or he may do or perform for or on behalf of any officer or employee or agent, or employee of a contractor. An officer or employee of the department or the state may not have an interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for or on behalf of the department.

(b)

This subsection does not prevent an officer or employee of the department from accepting other employment or following any pursuit that does not interfere with the full and faithful discharge by the officer or employee of his or her duties to the department. This subsection does not prevent an officer or employee of the department from accepting secondary employment with an entity contracting with the department if the officer or employee does not have responsibilities or involvement with the department’s award or management of the contract or with the process of making referrals to or evaluating the contracting entity.

(2)

An officer or employee of the department or of the state, or any contractor, or employee of a contractor, may not, without permission of the department, make any gift or present to a prisoner, receive a gift or present from any prisoner, or have any barter or dealings with any prisoner.

(3)

For any violation of the provisions of this section the officer or employee of the state shall be discharged from her or his office or service; and every contractor, or employee, or agent of a contractor engaged therein, and a party thereto, shall be expelled from the institutional grounds, and not again permitted within the same as a contractor, agent, or employee.

Source: Section 944.38 — Acceptance of remuneration from contractor; dealing or barter with prisoners; interest in contract; penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0944.­38 (accessed Aug. 7, 2025).

944.01
Short title
944.02
Definitions
944.08
Commitment to custody of department
944.09
Rules of the department
944.10
Department of Corrections to provide buildings
944.11
Department to regulate admission of books
944.012
Legislative intent
944.14
Supervision of correctional institutions
944.17
Commitments and classification
944.23
Persons authorized to visit state prisons
944.023
Comprehensive correctional master plan
944.24
Administration of correctional institutions for women
944.024
Adult intake and evaluation
944.026
Community-based facilities and programs
944.28
Forfeiture of gain-time and the right to earn gain-time in the future
944.31
Inspector general
944.32
Reports of prison inspectors
944.33
Failure of inspector to make report
944.033
Community correctional centers
944.35
Authorized use of force
944.36
Permitting inmates to escape
944.37
Acceptance of unauthorized compensation
944.38
Acceptance of remuneration from contractor
944.39
Interference with prisoners
944.40
Escapes
944.44
Holding persons as hostages
944.45
Mutiny, riot, strike
944.46
Harboring, concealing, aiding escaped prisoners
944.47
Introduction, removal, or possession of contraband
944.48
Service of sentence
944.52
Legal adviser
944.053
Forestry Work Camps
944.70
Conditions for release from incarceration
944.72
Contractor-Operated Institutions Inmate Welfare Trust Fund
944.73
State-Operated Institutions Inmate Welfare Trust Fund
944.091
United States prisoners, board authorized
944.095
Siting of additional correctional facilities
944.096
Budget requests for residential facility construction
944.105
Contractual arrangements with contractor-operated entities for operation and maintenance of correctional facilities and supervision of inmates
944.115
Smoking prohibited inside state correctional facilities
944.151
Safe operation and security of correctional institutions and facilities
944.171
Housing of inmates
944.0231
Reduction of capacity
944.241
Incarcerated pregnant women
944.242
Dignity for women in correctional facilities
944.275
Gain-time
944.278
Cancellation of administrative gain-time and provisional credits
944.279
Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court
944.281
Ineligibility to earn gain-time due to disciplinary action
944.282
Rules governing inmate use of weight training equipment
944.291
Prisoner released by reason of gain-time allowances or attainment of provisional release date
944.292
Suspension of civil rights
944.331
Inmate grievance procedure
944.402
Reward for capture of escapee from correctional institution
944.405
Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release
944.471
Short title
944.472
Drug-free corrections
944.473
Inmate substance abuse testing program
944.474
Legislative intent
944.485
Subsistence fees with respect to certain prisoners
944.512
State lien on proceeds from literary or other type of account of crime for which convicted
944.516
Money or other property received for personal use or benefit of inmate
944.596
Transfer of convicted foreign citizens or nationals under treaty
944.597
Transportation and return of prisoners by private transport company
944.602
Agency notification before release of intellectually disabled inmates
944.605
Inmate release
944.606
Sexual offenders
944.607
Notification to Department of Law Enforcement of information on sexual offenders
944.608
Notification to Department of Law Enforcement of information on career offenders
944.609
Career offenders
944.611
Legislative intent
944.0611
Department employees
944.612
Definitions for s
944.613
Methods of transportation
944.701
Short title
944.702
Legislative intent
944.703
Eligible inmates
944.704
Staff who provide transition assistance
944.705
Release orientation program
944.706
Basic release assistance
944.707
Postrelease special services
944.708
Rules
944.710
Definitions of terms relating to contractor-operated state correctional facilities and s
944.711
Requests for proposals
944.712
Bidder and private vendor qualifications
944.713
Insurance against liability
944.714
Quality assurance and standards of operation
944.715
Delegation of authority
944.716
Contract termination and control of a correctional facility by the department
944.717
Conflicts of interest
944.718
Withdrawal of request for proposals
944.719
Adoption of rules, monitoring, and reporting
944.801
Education for state prisoners
944.802
Direct-support organization
944.803
Faith- and character-based programs
944.804
Elderly offenders correctional facilities program of 2000
944.1905
Initial inmate classification
944.4731
Addiction-Recovery Supervision Program
944.7031
Eligible inmates released from contractor-operated correctional facilities
944.7065
Transition course for inmates
944.7071
Operation New Hope
944.8031
Inmate’s family visitation
944.8041
Elderly offenders

Current through Fall 2025

§ 944.38. Acceptance of remuneration from contractor; dealing or barter with prisoners; interest in contract; penalty's source at flsenate​.gov