CopyCited 534 times | Published | Court of Appeals for the Eleventh Circuit
...Here, "the inquiry into causation must be a directed one, focusing on the duties and responsibilities of each of the individual defendants whose acts or omissions are alleged to have resulted in a constitutional deprivation." Williams,
689 F.2d at 1381 . 14 Fla.Stat. Sec.
20.315(4)(a) (1985) provides that the Secretary of the Department of Corrections shall have the "responsibility to plan, direct, coordinate, and execute the powers, duties, and responsibilities assigned to the department." Fla.Stat. Sec.
20.315(1) (1985) outlines the goals of the department. These include "the protection of the offender from victimization within the institution," Fla.Stat. Sec.
20.315(1)(c) (1985), and the provision of "the necessary level of security in institutions," Fla.Stat. Sec.
20.315(1)(g) (1985). Finally, Fla.Stat. Sec.
20.315(17) (1985) provides: 15 PLACEMENT OF OFFENDERS.--The department shall classify its programs according to the character and range of services available for its clients....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15509
...ate Rule 33-3.13. Department of Corrections v. Roseman,
390 So.2d 394, 397 (Fla.Dist.Ct.App.1980), petition for rev. denied sub nom., Holden v. Florida Department of Corrections,
397 So.2d 778 (Fla. 1981). The Roseman opinion relies on Fla. StatAnn. §
20.315 (West Supp.1982) (creation of the Department of Corrections) and Fla.Stat.Ann....
CopyCited 36 times | Published | Supreme Court of Florida | 1999 WL 756012
...§ 40-23-114 (Supp. 1998). [39] See §
922.105(1), Fla. Stat. (Supp.1998) ("If electrocution is held to be unconstitutional... all persons sentenced to death for a capital crime shall be executed by lethal injection."). [40] See supra note 19. [41] See §
20.315(6), Fla....
CopyCited 30 times | Published | Supreme Court of Florida | 1997 WL 652073
...I write to add that I find the Florida Corrections Commission's analysis of the electric chair compelling. The Florida Corrections Commission is the body responsible for analyzing the status of the state correctional system and recommending improvements therein to the Governor and Legislature. *82 § 20.315(4)(b)2, Fla....
CopyCited 21 times | Published | Supreme Court of Florida
...This matter comes to us on direct appeal from the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida. We have jurisdiction of the appeal pursuant to Article V, Section 3(b)(1), Florida Constitution, in that the trial court declared unconstitutional Subsection 20.315(6), Florida Statutes, which was enacted by Chapter 75-49, Laws of Florida....
...of the complaint. Upon appropriate motion, the court entered an order permitting the State of Florida on the relation of Attorney General Shevin to intervene fully as to the papers, pleadings and orders dealing directly with the constitutionality of Section 20.315(6), Florida Statutes, as enacted by Chapter 75-49, Laws of Florida. Appellees then filed a motion for judgment on the pleadings or, in the alternative, for summary judgment. Appellants responded with a motion for judgment on the pleadings declaring that Section 20.315(6), Florida Statutes, is a constitutionally valid enactment....
...in that order. This appeal ensued. The issues presented for our determination are (i) whether the trial court erred in finding that appellees, as plaintiffs below, have standing to maintain this suit and (ii) whether the trial court erred in finding Section 20.315(6), Florida Statutes, enacted by Chapter 75-49, Laws of Florida, to be unconstitutional....
...See Rawls v. D'Alemberte,
41 Fla. Supp. 130 (Leon Cty. Cir.Ct. 1974). We also concur in the trial court's finding that the allegations of the complaint were not specific as to any unlawful expenditures of public monies arising from the asserted invalidity of Section
20.315(6), Florida Statutes....
CopyCited 12 times | Published | Supreme Court of Florida | 1991 WL 247965
...upon the executive clemency power. Clearly this is not true. On its face, the statute does no more than direct DOC to recommend a commutation of sentence. This is entirely within the legislative prerogative, since DOC was created by the legislature. § 20.315, Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...ed Copy: Victim Committee Note 1980 Amendment. The proposed changes to Rule 3.986 are housekeeping in nature. References to the Department of Offender Rehabilitation have been changed to Department of Corrections to reflect a legislative change. See section 20.315, Florida Statutes (Supp....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit
...The Florida Department of Corrections
Florida law requires the Department of Corrections to “protect the public
through the incarceration and supervision of offenders,” to protect offenders “from
victimization within the institution,” and to rehabilitate offenders. Fla.
Stat. § 20.315(1), (1)(d)....
... Case: 15-14220 Date Filed: 05/17/2018 Page: 47 of 48
PLN doesn’t have to hunt and peck throughout Florida’s correctional system
for negligent mailroom workers to sue. The buck stops with the Secretary. See
Fla. Stat. § 20.315(3) (“The head of the Department of Corrections is the Secretary
of Corrections....
...And as the district court pointed out, its injunction “essentially requires compliance
with the [Department’s] own rule.” The Secretary should not protest too loudly an
order to enforce a rule she is statutorily required to enforce. See Fla. Stat.
§ 20.315(3).
IV....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...needs and policies of the Florida Department of Corrections." Id. Though the issue has never been properly brought before this Court, we believe the contention that the Commission is powerless in its dealings with the Department to be without merit. § 20.315(20), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2365
...h discretion to exercise that discretion in a given manner", Graham v. Vann,
394 So.2d 180, 182 (Fla. 1st DCA 1981), we agree with Hall that section 944.34 clearly compels a prison superintendent to not permit certain types of *789 punishment. Also, Section
20.315(1)(c), Florida Statutes (1983), though not cited in Hall's petition, requires the Department of Corrections (DOC) to have as a goal the following: To provide an environment for incarcerated persons in which rehabilitation is possible. This should include the protection of the offender from victimization within the institution and the development of a system of due process and internal legality in institutions. See Vann,
394 So.2d at 183, where this court held that pursuant to section
20.315(1), DOC has a clear legal duty to provide inmates with incarceration "where they are free from victimization by other inmates." Hall's petition, however, was justifiably dismissed because of its vague and conclusory allegations....
CopyCited 6 times | Published | District Court, N.D. Florida
...Causation "The final requirement for a deliberate indifference claim is that a defendant have a causal connection to the constitutional harm." Goebert ,
510 F.3d at 1327 . As Secretary of FDC, Defendant is ultimately responsible for FDC's policies and practices. See §
20.315(3), Fla....
CopyCited 6 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 10598
...83,
30 L.Ed.2d 110 (1971). 220. Under Florida law, as Superintendent at GCI, Defendant Turner was required to protect "the offender from victimization within the institution" and to develop "a system of due process and internal legality in the institution."
20.315(1)(c), Florida Statutes (1983) (emphasis added). [60] 221. The Florida statutory requirement contained in Section
20.315 provides Plaintiffs with "a clear legal right to be confined in an institution where they are free from victimization by other inmates" and places upon Defendant Turner "an equally clear legal duty to [have provided Plaintiffs] with such incarceration." Graham v....
...[7] The Magistrate alternatively found section 1983 liability based on Turner's breach of a duty imposed by state law which caused plaintiffs' constitutional injury. See Williams,
689 F.2d at 1381. The parties agree, however, that Turner could not have breached a duty imposed by Fla.Stat.Ann. §
20.315(1)(c) (West 1987 Supp.), the statute relied on by the Magistrate, because that statute on its face applies only to the DOC and not to individual superintendents....
...isolated incident has thus, sub silentio, repudiated the principle that an "isolated incident," by its very nature could never rise to the level of "callous indifference" rendering a prison official liable for acts that offend the constitution. [60] Section 20.315(1)(c) provides as follows: 20.315....
CopyCited 6 times | Published | District Court, N.D. Florida
...e is a real and immediate threat of repeated injury in the future. Finally, as it did before, this Court finds that Plaintiffs have established causation. As Secretary of FDC, Defendant is ultimately responsible for FDC's policies and practices. See § 20.315(3), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2004 WL 1562359
...IV, § 8, Fla. Const.; Parole Comm'n v. Lockett,
620 So.2d 153, 157 (Fla.1993); Randall v. F.D.L.E.,
791 So.2d 1238, 1241 (Fla. 1st DCA 2001), rev. dismissed,
845 So.2d 892 (Fla.2003). However, the Department is a creature of the Florida Legislature, see §
20.315, Florida Statutes (2002), and the Legislature has directed the Department to help offenders with their applications through section 944.293....
...ernor, the Secretary "shall ensure that the programs and services of the department are administered in accordance with state and federal laws, rules, and regulations, with established program standards, and consistent with legislative intent. " See § 20.315(3), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2013 WL 2421093, 2013 Fla. App. LEXIS 8929
...ommission (“LBC”) to transfer $57,668,391 to line item 784 from other categories within the “Inmate Health Services” program. The request explained that the Department intended to enter into the contracts pursuant to the authority granted in section 20.315, Florida Statutes (2012), and that the budget amendment would fund the contracts for six months, beginning on January 1, 2013....
...As a general rule, an agency has the implied authority to enter into contracts that are, “as a matter of practicality,” required by their duties. Pan-Am Tobacco Corp. v. Dep’t of Corr.,
471 So.2d 4, 5 (Fla.1984). The Department’s contracting authority is most readily apparent, however, from the explicit language of section
20.315(12), Florida Statutes (2012): Whenever possible, the department, in accordance with the established program objectives and performance criteria, may contract for the provision of services by counties, municipalities, nonprofit corporat...
...such privatization to occur. The Florida Statutes, the clearest expression of legislative intent, give the Department broad authority to contract with private entities, including for inmate health services, where it is advantageous to the state. See § 20.315(12)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 7670, 2005 WL 1199049
...declared invalid on grounds that the challenged portions of the rule exceed the Legislature's grant of rulemaking authority to the Department. In support of their request for declaratory relief, appellant and Wells specifically alleged that neither section
20.315 *639 nor section
945.04 of the Florida Statutes, cited by the Department as authority for the challenged rule, "contain any provision authorizing the DOC to make any assessment against inmates for copying costs or even any general ru...
...Section four describes how inmates may not be denied copies if they are unable to pay for them, and sets forth the process to be followed to place a hold on an inmate's account to compensate the institution for making the copies. Id. at 1241. The only statutes ever cited as authority for the rule were sections
20.315 and
945.04, Florida Statutes; however, in April 2004, after the conclusion of the declaratory judgment action below, an amendment to the rule became effective which deleted the reference to section
945.04 as authority for the rule, and replaced it with a citation to section
944.09, Florida Statutes....
...1st DCA 1993) (analyzing arguments concerning the reasonableness of a particular DOC rule, in terms of whether it was "related to the purpose of the enabling legislation" and whether the rule was "arbitrary and capricious," only after first determining that there existed specific statutory authority for the rule). Section 20.315, Florida Statutes, creates the Department of Corrections and defines its organizational structure and purpose....
...Among the listed goals of the Department, as set forth in this statute, is the duty "[t]o ensure that inmates work while they are incarcerated and that the department make[] every effort to collect restitution and other monetary assessments from inmates while they are incarcerated or under supervision." § 20.315(1)(b), Fla....
...t, this provision does not in any way authorize the Department to make *642 monetary assessments; it simply authorizes the Department to collect monetary assessments. Such an interpretation of this provision is in keeping with legislative intent. If section 20.315(1)(b) were interpreted in the manner set forth by the Department, the Department would have unbridled discretion to charge an inmate for any and all services rendered by the Department. While one may argue that this is appropriate public policy, such a policy decision should be made by the Legislature rather than the executive branch. Further, were section 20.315(1)(b) to be interpreted as authorizing the Department to make monetary assessments like the copy cost assessments authorized by the challenged portions of the rule in this case, there would have been no need for the Legislature to have...
..."[A] basic rule of statutory construction provides that the Legislature does not intend to enact useless provisions, and courts should avoid readings that would render part of a statute meaningless." State v. Goode,
830 So.2d 817, 824 (Fla.2002). As such, the language in section
20.315, relied on by both the Department and the circuit court as providing statutory authority for the challenged provisions of Rule 33-501.302, does not appear to contain a specific grant of legislative authority for those provisions under the standard set forth in section
120.52(8) as interpreted in Save the Manatee....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 20723
...The CSC's refusal to award Casines back pay was apparently premised upon its conclusion that while Casines’s actions did not constitute “cause” within the meaning of section 110.061, Casines had exercised "extremely poor judgment." . Pursuant to Fla.Stat.Ann. § 20.315(22) (West 1975), "[a]ll powers, duties and functions of the Parole and Probation Commission,” with the exception of certain quasi-judicial tasks not relevant here, were transferred to the Florida Department of Offender Rehabilitation....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...Committee Note
1980 Amendment. The proposed changes to rule 3.986 are housekeeping in nature. References
to the Department of Offender Rehabilitation have been changed to Department of Corrections to
reflect a legislative change. See section 20.315, Florida Statutes (Supp....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
...Judge Original: Clerk of the Court Certified Copy: Victim Committee Note 1980 Amendment. The proposed changes to Rule 3.986 are housekeeping in nature. References to the Department of Offender Rehabilitation have been changed to Department of Corrections to reflect a legislative change. See section 20.315, Florida Statutes (Supp.1978)....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
by necessary implication conferred by law.1 Section
20.315, Florida Statutes, creates the Department of
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4378
Corrections to reflect a legislative change. See §
20.315, Fla.Stat. (Supp.1978). The reference to “hard
CopyPublished | Florida 2nd District Court of Appeal
...to prosecuting authorities. FDOC is a department within the executive
branch of the state government responsible for incarcerating prisoners.
See generally §
20.02(1), (2), Fla. Stat. (2021) (discussing the structure of
the executive branch of government); §
20.315(1) (discussing the creation
of FDOC "to protect the public through the incarceration and
supervisions of offenders")....
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 18415
agency.” Circuit Court, 339 So.2d at 1115. . Section
20.315(8)(b)10., Florida Statutes (1977), provides:
CopyPublished | Supreme Court of Florida
...The proposed changes to rule 3.986 are housekeeping in nature. References
to the Department of Offender Rehabilitation have been changed to Department of Corrections to
- 44 -
reflect a legislative change. See section 20.315, Florida Statutes (Supp....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 966, 2005 WL 236405
...[5] On this appeal, Whipple acknowledges that his Dade sentence should have initially been made to run concurrent and coterminous with his St. Johns sentence. [6] Whipple's negligence claim was not adjudicated by the trial court in the summary judgment and remains pending before the court below. [7] Pursuant to section 20.315, DOC was created as an executive agency. § 20.315, Fla....
CopyPublished | Supreme Court of Florida
... Committee Note
1980 Amendment. The proposed changes to rule 3.986 are housekeeping in nature. References
to the Department of Offender Rehabilitation have been changed to Department of Corrections to
reflect a legislative change. See section 20.315, Florida Statutes (Supp....
CopyPublished | District Court, N.D. Florida
...ed constitutional harm. See Hoffer ,
290 F.Supp.3d at 1303 (quoting Goebert ,
510 F.3d at 1327 ) ). Defendant is Secretary of the Florida Department of Corrections ("FDC") and "is ultimately responsible for FDC's policies and practices." Id. (citing §
20.315(3), Fla....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...945.30 by parolees or probationers who die or whose parole or probation is terminated or revoked. However, irrespective of the above conclusion it should be noted that the commission's responsibilities in regard to s. 945.30, supra, may also be affected or controlled by s. 20.315 (22), F....
...and probationers, administrative support services, data collection and information services, field offices and other programs, and services and resources of the commission which are not necessary for the immediate support of the commissioners. . . . Section
20.315 (22), supra, must be presumed to be valid and must be given effect until judicially declared unconstitutional. Evans v. Hillsborough County,
186 So. 193 (Fla. 1938); Pickerill v. Schott,
55 So.2d 716 (Fla. 1951); AGO 076-51. In this regard it should be noted that, although s.
20.315 (22) was held unconstitutional by the Circuit Court of the Second Judicial Circuit, that judgment was reversed by the Florida Supreme Court in an opinion filed February 26, 1976, on the grounds that the plaintiffs lacked standing to challenge the statute's constitutionality. Thus, as of this writing, s.
20.315 (22) is presumptively valid and must be given full effect....
