Florida/Georgia Personal Injury & Workers Compensation

of Corrections. See Fla. Stat. § 944.023 (1987). Our opinion will refer to this agency

they may not exceed 100% of design capacity. See § 944.023(1)(b)(1-6), Fla. Stat. (1995). [14] The general

statute referred to above. See also aff'd see also § 944.023(1)(b); § 944.598(6)(b) (note 1), Fla. Stat. (Supp

...The Department's function is to administer the state prison system comprising seventy-nine separate correctional institutions ranging in size from specialized facilities housing less than twelve female inmates to large prisons confining approximately 2600 male inmates. Pursuant to the authority vested in it by section 944.23, Florida Statutes, the Department has enacted a series of rules governing visitation within the state prisons....

...ng 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. Section 944.23, Florida Statutes, provides in pertinent part as follows: 944.23 Persons authorized to visit state prisons....

...Health Care Cost Containment Bd., 581 So.2d 1359 (Fla. 1st DCA 1991); Department of Professional Regulation, Bd. of Medical Examiners v. Durrani, 455 So.2d 515 (Fla. 1st DCA 1984). The Legislature by statute has granted broad discretion to DOC to regulate the activities of prisoners. In section 944.23, this broad power was specifically extended over the visitation rights of prisoners....

...The statute clearly states that "the commissioners shall enter an order determining whether or not the charges of parole violation have been sustained, based on the findings of fact made by the ... duly authorized representative of the commission. " Fla. Stat. 944.23(6)(b).

...a death warrant is issued, all regularly scheduled media interviews with death row offenders are can-celled until after such warrant is executed, expires, or is stayed for a period that will definitely exceed its expiration date. Specific Authority: 944.23, 922.11, Florida Statutes. Law Implemented: 944.23, 922.11, Florida Statutes....

...to alleviate the emergency described in its justification statement. Section 120.54(9)(a)2 authorizes emergency rulemaking, provided: The agency takes only that action necessary to protect the public interest under the emergency procedure. See also Section 944.23, Florida Statutes (1977)....

...motion for visitation and therefore did not appear at the hearing on the motion. Besides the lack of notice to the Department, which is the custodian of the respondent, the order must be vacated as clearly beyond the authority of the circuit court. Section 944.23, Florida Statutes (1997), provides: Persons authorized to visit state prisons....