CopyCited 55 times | Published | Florida 4th District Court of Appeal | 31 Fla. L. Weekly Fed. D 2178
...I also certify that the last release date for Inmate Maurice K. Gray, Jr., DC# 581630, W/M, DOB: 2/18/1968, was September 30, 2000, for Case # 94-1926, 94-1927, and 95-795, Lee County, Florida." Gray,
910 So. 2d at 868-69. [6] §
945.25(1), Fla. Stat. (2005). [7] Id. [8] §
945.25(2), Fla. Stat. (2005). [9] §
944.17(4), Fla. Stat. (2005). [10] §
944.17(5)(a), Fla....
CopyCited 17 times | Published | District Court, N.D. Florida | 2003 U.S. Dist. LEXIS 24537, 2003 WL 23217783
...Defendant Henderson stated in response that based on Plaintiff's grievance statements and the responses "provided by staff at the institutional level, [Defendant Henderson] did not see where there was a need for further investigation." Id. III. Analysis Defendants submit that pursuant to FLA. STAT. § 944.17(7), the Department of Corrections "may transfer prisoners from one institution to another institution in the correctional system and classify and reclassify prisoners as circumstances may require." Doc....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30934
...He was incarcerated pursuant to a presumptively valid judgment and commitment order issued by the Orange County, Florida, *1305 Circuit Court. As secretary of Florida’s Department of Corrections, appellee had a statutory duty to receive the appellant into the department’s custody. See Fla.Stat. Ann. §§ 944.16 and 944.17....
...No prisoner shall be received by the department, unless the sheriff, United States Marshal, or other officer having such prisoner in charge, shall also deliver a commitment in due form issued by authority of the court committing such prisoners. Fla.Stat.Ann. § 944.17 (West 1982) provides: The department shall design and supply to the several clerks of the courts a uniform commitment to be used by said clerks in the issuing of commitments to the department of all persons who may be convicted and sentenced in their respective courts....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 450
...ant was released from confinement under the original sentence and the defendant is not resentenced but is recommitted to the Department of Corrections for service of the remainder of that original sentence. Although there may be two commitments (see § 944.17, Fla....
...offense and needed only to direct the clerk to issue a new uniform commitment form and to deliver it, together with a certified copy of the probation violation adjudication, and of the original judgment and sentence, to the sheriff for his use under section 944.17(5)(a), Florida Statutes, in returning the defendant into the state correctional system....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 167712
...nt to s.
947.23." (Emphasis added). However, "committed" as used in section
947.22 appears to mean "placed" or "held" on a temporary basis as opposed to the more formal "commitment" to the Department of Corrections which occurs after sentencing. See §
944.17(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 2071, 2010 WL 624229
..., Tallahassee, for Appellees. PER CURIAM. This is an appeal from a final order dismissing a petition for writ of habeas corpus. The appellant contends that he has been detained unlawfully because his commitment papers do not meet the requirements of section 944.17(5), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 351105
...On our own motion, however, we withdraw our previous non-final opinion and substitute the following for the purpose of clarification. Melvin Sykes, Appellant, seeks review of a dismissal of his petition for writ of habeas corpus, wherein he complained that the Baker County Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the basis of an incomplete Uniform Commitment to Custody Form....
...State,
851 So.2d 228, 228 (Fla. 1st DCA 2003), and that only the sentencing court has authority to consider *1135 such attacks. See Leichtman v. Singletary,
674 So.2d 889, 891 (Fla. 4th DCA 1996). However, the trial court erroneously concluded that Appellant's arguments under section
944.17(5) constituted a collateral attack. See Carthane v. Crosby,
776 So.2d 964, 965-66 (Fla. 1st DCA 2000) (considering the merits of a petition for writ of habeas corpus that alleged DOC had violated section
944.17(5))....
...Assuming arguendo that Appellant stated a claim for relief, the Circuit Court for Baker County had jurisdiction to examine the claim. We write to note that the circuit court's conclusion that it lacked jurisdiction was erroneous, but we express no opinion as to whether the Legislature, in enacting section 944.17(5), intended to create an avenue by which prisoners could challenge the actions of the Department of Corrections, as this issue is not properly before us....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 2321
...clerk in each proceeding a certification of indigency... ." The statute also provides for the sheriff to be reimbursed by the Board of County Commissioners if his personal funds are used in complying with the terms of the section. Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required to issue an order to the sheriff to assume temporary custody and transport the state prisoner whose presence is required in court for any reason....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 1867572
...Nor does Florida Administrative Code Rule 33-601.806(2) (formerly 33-38.006), which provides that the close-management review team consider certain written materials, including, "(b) Completion of an updated custody score *966 sheet," direct the review team to update an inmate's sentencing guidelines scoresheet. Finally, section 944.17(5), Florida Statutes (1999), states that DOC shall refuse to admit a prisoner into the correctional system unless accompanied by a uniform commitment form....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 17056, 2013 WL 5779485
...relief, Jessie v. State,
726 So.2d 356 (Fla. 5th DCA 1999), or a postconviction writ of habeas corpus. Considering Appellant’s claim that he was improperly accepted into custody by the Century Correctional Institution without full compliance with section
944.17(5), Florida Statutes, the writ of ha-beas corpus is no,t available to remedy *424 such administrative deficiency. While a prisoner might be entitled to correction of his or her commitment file if deficiencies in the documents are discovered, section
944.17(5), Florida Statutes contains no indication that the Florida Legislature created a legal cause of action for prisoners to enforce the documentary requirements therein....
...Likewise, the statute does not provide that any omission or lack of compliance by the Department of Corrections or any correctional institution might have any effect upon the validity of the court’s judgment and sentence or confer a liberty interest upon a prisoner. Section 944.17, Florida Statutes does not create a cause of action for prisoners to challenge their detention under a facially valid judgment and sentence and provides no support for any claim of entitlement to immediate release....
CopyCited 1 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024
...The amendments to rule 3.851, entitled “Collateral Relief After Death Sentence Has Been Imposed and Affirmed on Direct Appeal,” became effective on January 1, 2001. . Chapter 944, Florida Statutes (1999), entitled “State Correctional System,” is also known as "The Florida Corrections Code of 1957.” Section 944.17, Florida Statutes (1999), entitled "Commitments and classification; transfers,” provides in pertinent part: (1) Each prisoner sentenced to the state penitentiary shall be committed by the court to the custody of the department....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 21142, 2014 WL 5900034
...partment of Corrections was
contributing to this problem by the language used in the form it required the clerks of the
circuit courts to utilize to commit a defendant to the Department's custody. Id. at 66-67
(Altenbernd, J., concurring) (citing section 944.17(4), Florida Statutes (2010))....
CopyCited 1 times | Published | District Court, N.D. Florida | 2016 WL 1122884, 2016 U.S. Dist. LEXIS 36121
...As of May' 18, 2015, only nine inmates at JCI were convicted in Jefferson County. ECF No. 3Ó-1, at 52. The rest were convicted elsewhere in Florida and sent to JCI; a prisoner in the custody of the Florida Department of Corrections (“DOC”) has no say in where he will serve his sentence. § 944.17(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...n County.
Charles W. Dodson, Judge.
October 30, 2019
PER CURIAM.
Appellant seeks review of the trial court’s dismissal with
prejudice of his amended complaint for declaratory judgment to
determine the validity of section 944.17, Florida Statutes (2017),
concerning commitment of prisoners to the custody of the
Department of Corrections. Appellant claimed that because
section 944.17(5) fails to provide a cause of action for him to enforce
the documentary requirements for the Department to “accept a
person into the state correctional system,” he is entitled to a
declaration that the statute violates unspecified constitutional
rights....
...1995).
The law applicable to the facts alleged by Appellant in his
amended complaint precluded any showing of a bona fide, actual,
present practical need for a declaration. Appellant specifically
states that he is not challenging his judgment or sentence, properly
recognizing that section 944.17 has no effect on these matters.
It is well-settled that a complaint for declaratory judgment
must allege that “the plaintiff has a justiciable question as to the
existence or nonexistence of some right, status, immunity, power...
...of Trustees of City Pension Fund for Firefighters &
Police Officers in City of Tampa,
162 So. 3d 348, 352 (Fla. 2d DCA
2015); see also X Corp. v. Y Person,
622 So. 2d 1098, 1101 (Fla. 2d
DCA 1993). Appellant never alleged that he was in doubt as to his
rights under section
944.17(5)....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
See, ss.
957.06(4)-(8), Fla. Stat. 16 See, section
944.17(1), Fla. Stat., providing that each prisoner
CopyPublished | Florida 2nd District Court of Appeal
...3d 1043, 1044 (Fla. 1st DCA 2015) (stating that defendant was
released from the "Central Office"). The documents established that Taylor had been
transferred from the county to the "Central Office" and then from "Central Office" back to
the county. See § 944.17(7), Fla. Stat. (2016) ("[T]he department may transfer
prisoners from one institution to another institution in the correctional system.");
944.17(8) ("If a state prisoner's presence is required in court for any reason after the
sheriff or chief correctional officer has relinquished custody to the department ....
...In turn, "prisoner" is defined to include "any person committed to or
detained in any municipal or county jail or state prison, prison farm, or penitentiary, or to
the custody of the [DOC] pursuant to lawful authority." §
944.02(6) (emphasis added);
see also §
944.17(1) ("Each prisoner sentenced to the state penitentiary shall be
committed by the court to the custody of the [DOC]."); §
945.42(7), Fla....
...that the building in which he is housed—temporarily or permanently—is a state
correctional facility.
To the extent that the meaning of section
775.082(9)(a)(1) turns on the
phrase "operated by" rather than "state correctional facility," section
944.171(1) provides
that the DOC "may contract with county or municipal facilities for the purposes of
housing inmates committed to the [DOC]," and that an inmate in another facility
"remains under the jurisdiction of the [DOC]." §
944.171(1), (1)(b).5 Section
945.025,
Jurisdiction of Department, provides that the DOC's operational jurisdiction extends to
4
Moreover, a defendant must have been "released from a state
correctional facility." §
775.082(9)(a)(1) (emphasis added)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19202
...Florida Parole and Probation Commission,
422 So.2d 1016 (Fla. 1st DCA 1982), the information charged Woodard with carrying “a firearm or other deadly weapon” and alleged §
812.13(2)(a), Florida Statutes, as the applicable section. Moreover, the commitment issued pursuant to §
944.17, Florida Statutes, recites that Woodard was sentenced under § 812.-13(2)(a)....
