CopyCited 501 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 16246, 2004 WL 1764123
...frustrate our system of justice and order.”).18
We now apply our rule to this case. The Florida legislature has delegated to
the Department of Corrections (the “DOC”) the duty to establish inmate grievance
procedures. See Fla. Stat. Ann. § 944.09(1)(d) (“The department has authority to
adopt rules ....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15509
...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. §
944.09 (West Supp.1982) (supervision of offenders; rules and regulations)....
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 6698070, 2013 U.S. App. LEXIS 25326
...ly
doubt -- the argument is a nonstarter here. This regulation was promulgated by the
Florida Department of Corrections to govern state prisons’ compliance with the
Americans with Disabilities Act. See id. R. 33-210.201(1); see also Fla. Stat.
§ 944.09 (giving the Florida Department of Corrections the authority to promulgate
29
Case: 11-12674 Date Filed: 12/20/2013 Page: 30 of 32
rules to implement its statutory mandate,...
CopyCited 13 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 51, 2001 Fla. LEXIS 38, 2000 WL 33114471
...Singletary,
623 So.2d 537, 538 (Fla. 1st DCA 1993). Jackson asserts that he has a right to payment for the duties and tasks he performs in the prison and that the Department of Corrections has a duty to pay him and to promulgate rules to that effect pursuant to section
944.09(1)(m), Florida Statutes (1997)....
CopyCited 12 times | Published | Supreme Court of Florida | 2000 WL 44045
...1st DCA 1998), the First District recently concluded that since the Legislature had "amended section
944.279 by deleting all reference to loss of gain-time and section
944.28(2) and added provisions for disciplinary procedures pursuant to rules of the department provided in section
944.09," the Legislature had sought to clarify that the two sections were separate and independent, as each provided altogether different sanctionsone through Department discipline and the other through gain time forfeiture....
...ection
944.279. While the amended version of section
944.279 provides that the finding of frivolousness is to be forwarded "to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s.
944.09," that section does not set forth any rules. Section
944.09 is merely the general statutory authority for the Department to promulgate rules....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 162455
...It is well-settled that regulation of prison visitation lies wholly within the authority of DOC. Singletary v. Carpenter,
705 So.2d 110 (Fla. 2d DCA 1998) (criminal courts do not have authority to enter orders regulating access of inmates to their children); Singletary v. Bullard,
701 So.2d 590 (Fla. 5th DCA 1997). Section
944.09(1)(n), Florida Statutes (1997) provides in pertinent part, "[A]ny inmate with a current or prior conviction for any offense contained in chapter 794 ......
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 WL 454406
...Butterworth, Attorney General, and Anthony W. Garcia, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. Terry Cassady, who is a state prison inmate, appeals a final summary judgment and declaration in which the trial court determined that section 944.09(1)(n), Florida Statutes (Supp.1996), is valid and constitutional....
...In those *1176 proceedings, he was adjudicated guilty of violating provisions of Chapters 794 and 777, Florida Statutes, which deal, respectively, with sexual battery and attempted crimes. The 1995 version of the challenged statute stated, in pertinent part: 944.09 Rules of the department; offenders, probationers, and parolees. (1) The department shall adopt rules governing the administration of the correctional system and the operation of the department, which rules shall relate to: * * * (n) Visiting hours and privileges. Section 944.09(1)(n), Fla....
...The authorization for special visitation shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order. Section 944.09(1)(n), Fla....
...mended subsection (1)(n), and after the passage of the amendment, prison officials would not allow Cassady to have visitation with his children. In his complaint filed in the circuit court in January 1997, Cassady challenged the constitutionality of section 944.09(1)(n), Florida Statutes (Supp.1996)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 17743
...We agree with the DOC that there is no legislative authority permitting the intervention of criminal trial judges in these decisions and quash the orders for which review is sought. *111 In both cases the respondents were convicted of offenses addressed in section 944.09(1)(n), Florida Statutes (Supp.1996), which reads: Visiting hours and privileges....
...(Emphasis added.) After his conviction for one of the enumerated sex offenses, Robert Carpenter moved the criminal trial judge for access to his minor male children during the period of his confinement. The trial court granted the motion without making reference to the provisions of section 944.09(1)(n) quoted above....
...ng their authority to restrict visitation between a child and a prisoner may relax that restriction and enable thereby a prisoner to enjoy the "special visitation" created by the act. See Benton,
693 So.2d at 1120. We inquired of the parties whether section
944.09(1)(n) conferred any prison visitation powers on criminal trial judges, disturbed by the plain reading of the statute which suggests that trial judges may in fact "grant special visitation," a notion not questioned by the Bullard or Ben...
...Either may result in orders from a domestic or juvenile court denying any access between parent and child. In these circumstances, the circuit court has jurisdiction over the child and may enter orders regulating a parent's access to the child. We conclude that the final sentence of section 944.09(1)(n) is aimed at these orders entered by domestic and juvenile courts, which have properly exercised their authority over parental visitation because of their responsibility *112 for the welfare of those children, and that this statut...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 3076651
...Any further filings regarding this case will be summarily rejected by the Clerk of this Court, unless they are filed by a member in good standing of The Florida Bar. The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution as provided in section 944.09, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 269082
...served concurrently. One of the special conditions of probation prohibits Benton from having unsupervised contact with children under the age of 16. Chapter 944, Florida Statutes, governs the state correctional system. Prior to the 1996 amendments, section 944.09(1)(n), Florida Statutes, read: *1120 (1) The department [DOC] shall adopt rules governing the administration of the correctional system and the operation of the department, which rules shall relate to: .......
...g the requested visitation if it was supervised by the parent or legal guardian of the child and held in a supervised visitation area of the prison. The order being appealed says: The Court will grant permission for special visitation, pursuant to F.S. 944.09(1)(n), between the Defendant's children, stepchildren, nieces, and nephews and the Defendant, only under the conditions that said visitation is supervised by the parent or legal guardian of the child, and that said visitation occur in a vis...
...ervised and monitored by an employee of the Department of Corrections. The Defendant is not granted permission to enter a restroom or other secluded area with any child. There is no case law interpreting the 1996 amendment, but the plain language of section 944.09(1)(n) permits the court to grant special visitation only where visitation had been restricted by the court....
...See, e.g., Singletary v. Acosta,
659 So.2d 449 (Fla. 3d DCA 1995) (analogous situation wherein court directed DOC as to medical treatment and placement of defendant in prison system). Under the facts of the instant case, it would be appellant's decision under section
944.09(1)(n) to decide whether to grant the special visitation with minors that Benton *1121 requested....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2382, 1993 WL 53137
...iled to follow the applicable rulemaking procedures set forth in s.
120.54, or (b) the agency has exceeded the grant of rulemaking authority, citation to which is required by s.
120.54(7)." [1] The pertinent statutory authority cited by DOC includes section
944.09, Florida Statutes, and section
944.23, Florida Statutes. Among other things, section
944.09, Florida Statutes, requires that rules be adopted by DOC, governing visiting hours and privileges and all other aspects of the operation of the prison system in Florida....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 874774
...Saucer sought a belated direct appeal from his judgment and sentence; therefore, this is a "criminal proceeding." Section
944.279(2), Florida Statutes (1997) authorizes disciplinary proceedings in accordance with rules adopted by the Department of Corrections pursuant to section
944.09 for frivolous or malicious actions in civil proceedings and provides that "[t]his section does not apply to a criminal proceeding or a collateral criminal proceeding." Section
944.28(2) authorizes a sanction of forfeiture of gain time...
...matters. In chapter 97-78, Laws of Florida, the legislature amended section
944.279 by deleting all reference to loss of gain-time and section
944.28(2) and added provisions for disciplinary procedures pursuant to rules of the department provided in section
944.09....
...les of the Department of Corrections. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09....
...d the right to earn gain-time. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department action as provided in s.
944.09 944.28(2)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 640762
...within reasonable restrictions placed on prisoners regarding visits by minor children." DOC challenges this order, arguing that postsentencing decisions involving inmate visitation lie solely with DOC. In support of this argument, DOC asserts that, by enacting section 944.09(1)(n), Florida Statutes (1995), the legislature granted DOC exclusive rule-making authority regarding visitation hours and privileges. Bullard responds by arguing that the newly enacted subsection (n) of section 944.09(1) controls the instant case: 944.09 Rules of the department; offenders, probationers, and parolees....
...The authorization for special visitation shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order. § 944.09(1)(n), Fla....
...In so ruling, we adopt the reasoning set forth in Singletary v. Benton,
693 So.2d 1119 (Fla. 4th DCA 1997). [1] In Benton, the fourth district aptly explained the scope of the 1996 amendment: There is no case law interpreting the 1996 amendment, but the plain language of section
944.09(1)(n) permits the court to grant special visitation only where visitation had been restricted by the court....[A]ll this really amounts to is that the court may lift a previously imposed order restricting visitation in prison....
...a means for the court to grant special visitation. Id. at 1120. Thus, if the trial court had previously directed that Bullard could not have contact with his daughter during his incarceration, the court could have removed the restriction pursuant to section 944.09(1)(n)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 7670, 2005 WL 1199049
...da 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....
....302, because it has deleted the reference to section
945.04 from the rule in terms of the specific statutory authority for the rule. Finally, even though not initially cited in the rule as statutory authority for the rule, an analysis as to whether section
944.09, Florida Statutes, provides authority for the rule appears to be necessary given the Department's explicit reliance on this provision below and the Department's subsequent amendment of the rule to include a citation to this statute as statutory authority for the rule. Section
944.09 merely sets forth the general rulemaking authority of the Department with regard to, among other things, "[t]he rights of inmates," "[t]he operation and management of the correctional institution or facility and its personnel and functions," "[v]isiting hours and privileges," and "[t]he determination of restitution, including the amount and to whom it should be paid." §§
944.09(1)(a), (e), (n), (q), Fla....
...(2004). Once again, there is no specific grant of authority in this statute for the assessment by the Department of monetary costs for any particular service provided to inmates by the Department. In fact, the supreme court has recognized that "[s]ection
944.09 is merely the general statutory authority for the Department to promulgate rules," and *643 that the Department has "long looked" to other statutory provisions for the specific authority to promulgate particular rules. See Hall v. State,
752 So.2d 575, 579 (Fla. 2000). Consequently, the language in section
944.09, relied on by the Department as providing statutory authority for the challenged provisions of Rule 33-501.302, also does not 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 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 1867572
...Section
944.1905, Florida Statutes (1999), which requires the Department of Corrections (DOC) to consider aggravating and mitigating factors in classifying inmates, contains no requirement that DOC consider the reasons for departure on a guidelines scoresheet. Section
944.09(3), Florida Statutes (1999), which mandates DOC to keep a record of the "authority ordering [disciplinary] punishment" of inmates, does not require DOC to consider the written departure reasons on a guidelines scoresheet....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2510230
...Thus, failure to warn Delarosa about application of these acts does not render his plea involuntary. Failure to warn Delarosa that the rules of the Department of Corrections regarding visitation may preclude him from visiting with his son also does not make his plea involuntary. See § 944.09(1)(n), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 5352124
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures as provided in section 944.09, Florida Statutes (2008)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 39526, 2005 WL 3234295
...iberate flouting of the administrative processes could weaken the effectiveness of an agency by encouraging people to ignore its procedures. Alexander v. Hawk,
159 F.3d 1321, 1327 (11th Cir.1998) (internal quotations omitted). Pursuant to Fla. Stat. §
944.09, the Florida legislature delegated to the Department of Corrections ("DOC") the duty to establish inmate grievance procedures....
...providing that: "The papers opposing a motion for summary judgment shall include a memorandum of law, necessary affidavits, and a single concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried." S.D. Fla. L.R. 7.5B. [4] Fla. Stat. § 944.09(1)(d) mandates that "[t]he [DOC] has authority to adopt rules ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 5015, 2000 WL 502662
...sitation. The court also ruled that “DOC will comply with this Order and take no action that might frustrate the intent of the Order.” DOC was not a party to the stipulation and was not listed as a recipient on the certifícate of service. Under section 944.09(l)(n), Florida Statutes (1999), an inmate with a conviction for any offense under chapters 794, 800, 827, or 847 “shall not be allowed visitation with anyone under the age of 18 years, unless special visitation is approved by the superintendent.” As indicated, Perez’s convictions fall under chapter 800....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4753878
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures as provided in section 944.09, Florida Statutes (2008)....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 16653, 2005 WL 2673906
...further documents, unless that pleading is filed by a member in good standing of The Florida Bar. The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures. See § 944.09, Fla....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 560, 2016 Fla. LEXIS 2555
...Spencer,
751
So. 2d 47 (Fla. 1999), directed Grimsley to show cause why he should not be
barred from filing any future pro se requests for relief and referred to the Florida
Department of Corrections for possible disciplinary action as provided in section
944.09, Florida Statutes (2016).
Grimsley filed a response to this Court’s order to show cause, opposing a
pro se barring order on the basis that his prior filings were made in good faith
based on his right of access to courts, th...
CopyPublished | District Court, N.D. Florida | 1997 U.S. Dist. LEXIS 21379, 1997 WL 776336
...e extended by the filing with the Court of a Joint Stipulation of Extension. SECTION V. VIOLATION OF AGREEMENT 16. The parties agree that this Agreement represents a written contract binding under state law. 17. Defendants represent that pursuant to §
944.09(1)(h) and
944.275(4)(b), Fla.Stat....
...which addressed the failure to have received notice. (e) (d) Grievances related to gain time awards for the months prior to the adoption of this rule shall be filed no later than August 1, 1994. (5) through (7) No change. Specific Authority
20.315,
944.09,
944.275 FS. Law Implemented
20.315,
944.09,
944.275 FS....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3431, 2014 WL 6474626
...sentences in
Case No. CRC00–21224CFANO–C, and why a certified copy of the Court’s
findings should not be forwarded to the appropriate institution for disciplinary
procedures pursuant to the Florida Department of Corrections as provided in
section 944.09, Florida Statutes (2014).
2....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 5714, 1998 WL 256991
...See Singletary v. Benton,
693 So.2d 1119 (Fla. 4th DCA 1997). If Ms. Storey desires visitation with her child, she should proceed through the Department procedures and, if necessary, through its appellate process. REVERSED. DAUKSCH and W. SHARP, JJ., concur. . See section
944.09(1)00, Florida Statutes.
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 222, 2016 WL 2753860, 2016 Fla. LEXIS 999
...convictions and sentences in case numbers 00-9986 and 00-15615, and why a
certified copy of the Court’s findings should not be forwarded to the appropriate
institution for disciplinary procedures by the Florida Department of Corrections as
provided in section 944.09, Florida Statutes (2015).
Smith currently is incarcerated in the Florida Department of Corrections
upon his judgments of conviction and sentences in case numbers 00-9986 and 00-
15615, for trafficking in stolen property and ut...
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 4199, 2016 WL 1066250
...the authority to
dictate to the DOC the terms and conditions under which inmates may visit with guests
at the prisons confining them because "regulation of prison visitation lies wholly within
the authority of the DOC." The opinion explained that section 944.09(1)(n), Florida
Statutes (Supp....
...he children involved. Id. at 111-12.1
The postconviction court did not err in finding that it did not have the
authority to enforce Mr. Murray's visitation or to direct the DOC to allow visitation.
1
Section 944.09(1)(n) is substantively the same today.
-2-
Moreover, assuming that the portion of the 2007 final judgment of dissolution of
marriage that Mr....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 8600, 2009 WL 1883922
...Bar. See Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk of this court is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures as provided in section
944.09, Florida Statutes (2008)....
CopyPublished | Florida 2nd District Court of Appeal
...The
court shall issue a written finding and direct that a certified
copy be forwarded to the appropriate institution or facility for
disciplinary procedures pursuant to the rules of the
department as provided in s. 944.09.
2Incase number 2D15-4625, Crum appealed the denial of his first rule
3.850 motion in Polk County trial court case number 2005-CF-000723-01....
...ourt and why,
pursuant to section
944.279(1), a certified copy of this court's findings should not be
forwarded to the Department of Corrections for the institution of disciplinary procedures
pursuant to the rules of the Department as provided in section
944.09....
...we direct the clerk of this court to forward a certified copy of this opinion to the Florida
Department of Corrections' institution or facility where Crum is incarcerated for
institution of disciplinary procedures pursuant to the rules of the Department as provided
for in section 944.09.
Affirmed; certified opinion forwarded to Crum and the Department of
Corrections.
BLACK, J., Concurs.
NORTHCUTT, J., Dissents.
-5-
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 2006, 2005 WL 415109
...dations that the Commission is free to accept or reject. §
947.1405(5), (6). Once the Commission makes its determinations, the DOC is charged with explaining the conditions to the inmate and supervising him during the period of conditional release. §
944.09(4)(h); Fla....
CopyPublished | Florida 2nd District Court of Appeal
...for definitional purposes
here. See also §
775.082(9)(a)(2) (including releasees from "correctional institution[s]
of . . . the United States" and further establishing that facility and institution are
interchangeable for definitional purposes); §
944.09(1)(e) ("The [DOC] has authority to
adopt rules ....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 4998, 1999 WL 219186
...Gonzalez to another institution. We conclude that the trial court erred in dismissing the petition rather than granting Mr. Spencer’s pending motion for leave to file an amended petition alleging the deprivation of federal constitutional rights under color of section 944.09(l)(n), Florida Statutes (1997), and seeking compensatory damages from Mr....
...Spencer’s petition was moot, because the suspension of visitation privileges had been lifted, as evidenced by an affidavit dated *113 May 6, 1998. The trial court agreed and concluded: As it has been determined that [Mr. Spencer] does not meet the criteria for the application of Fla. Stat. § 944.09 (l)(n), and the statute is no longer being used to restrict the placement of children on [his]- visitor list, there is no longer a bona fide, actual, or present need for a declaration as to the constitutionality of this statute or rule being applied to [him], Martinez v....
