Florida/Georgia Personal Injury & Workers Compensation

...ee 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. Stat. (2005). [11] § 944.605, Fla. Stat. (2005). [12] § 945.04(2), Fla....

...ision may relate to: (a) Conduct to be observed by prisoners; (b) Punishment of prisoners; (c) Gain time for good conduct of, release payments to, and release transportation of, inmates; . . . . . (i) Visiting hours and privileges. . . See also F.S. § 945.04, F.S.A....

...in the ordinary course of DOC's business. We also note that DOC is "responsible for the inmates and for the operation of, and [has] supervisory and protective care, custody, and control of, all . . . matters connected with, the correctional system." § 945.04(1), Fla....

...nonessential to the court's decision. [6] Although no statutory duty exists, clearly DOC has the statutory right of control over inmates placed in its custody, which gives rise to the special relationship discussed under Restatement section 315(a). Section 945.04(1), Florida Statutes (1989), makes DOC "responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all ......

...The release-date letter at issue in this case is not an "activities-based" public record. The DOC is "responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system." § 945.04(1), Fla....

...fic letter for the assistant state attorney. Rather, the DOC had a statutory duty to create and maintain its Crime and Time Reports, which are the actual records the DOC relies upon to keep track of inmates' crimes, sentences, and release dates. See § 945.04(1), Fla....

...See § 90.803(8), Fla. Stat. (2004); Desue, 908 So.2d at 1117-18. Crime and Time Reports memorialize a regular DOC activity: the efforts of the Department to accurately record and maintain records of inmates' crimes, sentences, and release dates, and we hold that section 945.04(1), Florida Statutes, imposes *500 a statutory duty upon the DOC to create and maintain records regarding "matters connected with ......

...[8] "The Department of Corrections shall be responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system. " § 945.04(1), Fla....

...public record. The DOC is “responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system.” § 945.04(1), Fla....

...c letter for the assistant state attorney. Rather, the DOC had a statutory duty to create and maintain its Crime and Time Reports, which are the actual records the DOC relies upon to keep track of inmates’ crimes, sentences, and release dates. See § 945.04(1), Fla....

...See § 90.803(8), Fla. Stat. (2004); Desue, 908 So.2d at 1117-18 . Crime and Time Reports memorialize a regular DOC activity: the efforts of the Department to accurately record and maintain records of inmates’ crimes, sentences, and release dates, and we hold that section 945.04(1), Florida Statutes, imposes a statutory duty upon the DOC to create and maintain records regarding “matters connected with ......

...“The Department of Corrections shall be responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the coirectional system." § 945.04(1), Fla....

..."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 imprisonment, correction, and rehabilitation of adult offenders"); § 945.04(1), Fla....

...ed no specific exception. The court noted that a monitoring took place within the ordinary course of the correctional officer's statutory duties. 18 U.S.C. § 2510 (5)(a). Florida correctional officers are also burdened with supervisory obligations. Section 945.04, Fla....

...unds 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 rulemaking authority whats...

...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....

...ing 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. Section 945.04, Florida Statutes, merely sets forth the general functions of the Department....

...This statute states that the Department "shall be responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system." § 945.04(1), Fla....

...of its supervisory authority over inmates in the state corrections system, assess monetary charges for services rendered to those inmates. In fact, even the Department appears to have acknowledged, since the conclusion of the proceedings below, that section 945.04 provides no authority for any of the provisions of Rule 33-501.302, because it has deleted the reference to section 945.04 from the rule in terms of the specific statutory authority for the rule....

...he appropriate personnel; and that Petitioners were negligent in following the procedures for reporting and documenting injuries sustained by him while under their supervision and care: specifically, that Petitioners breached their duty to him under section 945.04, Florida Statutes (2008), by failing to report and document Respondent's injuries after receiving oral and *1272 written notice....

...Further, "[t]he DOC is 'responsible for the inmates and for the operation of, and shall have supervisory and protective care, custody, and control of, all buildings, grounds, property of, and matters connected with, the correctional system.' " Yisrael v. State, 993 So. 2d 952, 959 (Fla. 2008) (quoting § 945.04(1), Fla....