Florida/Georgia Personal Injury & Workers Compensation

So. 2d at 868-69. [6] § 945.25(1), Fla. Stat. (2005). [7] Id. [8] § 945.25(2), Fla. Stat. (2005).

...Stephen Kahn, Tallahassee, for Lew Brantley, Tom Gallen, Julian B. Lane and Guy Spicola, amicus curiae. ROBERTS, Justice. We have for review by direct appeal a final judgment by the Circuit Court in and for DeSoto County holding the latter portion of Section 945.025(3), Florida Statutes, relating to the conversion of G....

...394.457(8), thus violating this section of the Baker Act. "(b) Result in a lack of respect for the individual dignity to which the mental patients of G. Pierce Memorial Hospital are entitled, thus violating F.S. 394.459 of the Baker Act." The trial court determined that the latter portion of Section 945.025(3), Florida Statutes, relating to the conversion of G....

...iding considerations, the last in point of time or order of arrangement prevails. "In applying these rules of construction, it is impossible for this Court to reconcile the provisions regarding the conversion of G. Pierce Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and F.S. 394.459. If the G. Pierce Wood provision of F.S. 945.025(3) is allowed, it would violate the rights given to the patients under the Baker Act and would thus be unlawful and invalid." This statutory provision provides: "(3) There shall be other correctional facilities, including detention facilit...

...r designated by the department, including facilities of the United States Government, if such designation is agreed to by the appropriate governing body or authority, are designated as treatment facilities." We cannot agree with the trial judge that Section 945.025(3), Florida Statutes, is unconstitutional in part and, therefore, cannot concur that the conversion of the facilities constitutes a violation of the Baker Act. By Section 945.025(3), [1] Florida Statutes, the most recent enactment by the Legislature on this subject, the Legislature recognized and expressly approved the conversion of a portion of the hospital to house prisoners....

...prevails. Cf. State v. Board of Public Instruction, 113 So.2d 368 (Fla. 1959); Jacksonville Beach v. Albury, 291 So.2d 82, Fla.App., affirmed, 295 So.2d 297 (Fla. 1974); Johnson v. State, 157 Fla. 685, 27 So.2d 276 (1946). Accordingly, we find that Section 945.025(3), Florida Statutes, is constitutional and as the last expression of the Legislature's will prevails over Sections 394.457(8) and 394.459, Florida Statutes. By Section 945.025(3), Florida Statutes, the Legislature approved the conversion of a portion of G....

Department of Corrections maintained pursuant to Section 945.25. Computer printouts detailing his intake, assignments

...uld be to provide the extra supervision necessary to provide security for their trials. While this may have the ring of fairness, it does not answer the legal question of whether respondent had the authority to enter the challenged order. Fla. Stat. § 945.025 (1971), F.S.A., provides that relator shall have supervisory and protective care, custody and control of the inmates of the correctional system....

performance of its record-keeping duty pursuant to section 945.25, Florida Statutes. The record in this case

Department of Corrections maintained pursuant to Section 945.25. Pursuant to Section 92.525, Florida Statutes

...the Department or available to it under existing law. Other statutes reveal that the Legislature has not only authorized the Department to engage in contracts for health services, but also has taken steps to facilitate such arrangements. See, e.g., § 945.025(4), Fla....

...They further facilitate, and arguably encourage, these arrangements by exempting certain health services contracts from competitive-bidding requirements and extending sovereign immunity to providers and vendors who provide contracted healthcare services to inmates. See §§ 945.025(4), 768.28(10)(a)....

...the case for lack of standing because the Attorney General was not a party to the proceedings in the circuit court. Bondi v. Tucker, 93 So.3d 1106 (Fla. 1st DCA 2012). . See Estelle v. Gamble, 429 U.S. 97, 103 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976); § 945.025(1), Fla. Stat. (2012) (assigning the Department the responsibility to provide the "supervisory and protective care, custody, and control of the inmates’’); § 945.025(2), Fla....

...cing the criminal law") (emphasis added); Montgomery v. State, 897 So.2d 1282, 1285 (Fla.2005) (approving the use of dictionary definitions "when necessary"), and from the breadth of the charge given to the Department by the Florida Legislature, see § 945.025(1), Florida Statutes (2002) (stating the Department has "supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to the following facilities and programs for the...

custody, and control of’ adult offenders, see § 945.025, Fla. Stat. (1999), the case law recognizing DOC’s

...g state prisons like JCI. Florida law states that “[DOC] shall have supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all.other matters pertaining to ... adult correctional institutions.” Id. § 945.025(1)....

Judge (dissenting). I am compelled to dissent. Section 945.-025, Florida Statutes, as amended (with such amendment

...(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)....

..."other correctional facilities, including detention facilities of varying levels of security, work-release facilities, and community correctional facilities, halfway houses, and other approved community residential and nonresidential facilities and programs." § 945.025(3)....