Florida/Georgia Personal Injury & Workers Compensation

...Said rule requires that the "master population board" indicate the various sections of the detention facility and account for the inmates in the respective assigned sections. From the evidence the "master population board" present in the Duval County Jail still does not accomplish what is required. Fla.Stat. § 951.06 (1973) Fla.Stat. § 951.06 (1973) provides in part: (1) The county commissioners shall employ a captain or warden and such guards as they deem necessary, pursuant to standards for employment established and administered by the division of corrections....

...rescribed by law or the division of corrections are fully observed and complied with . . . Rule 10B-8.03, Rules of the Department of Health and Rehabilitative Services, State of Florida, provides the standards for employment referred to in Fla.Stat. § 951.06(1) (1973). Defendants readily admitted non-compliance with the provisions of Rule 10B-8.03 and therefore the provisions of Fla.Stat. § 951.06(1) (1973)....

...ertain." The Court further found from the evidence that no adequate provision had been made requiring employees employed in the day-to-day operation of the Duval County Jail to be familiar with all the rules and regulations referred to in Fla. Stat. § 951.06(2) (1973)....

...y to "prisoners" or prisoners "under sentence." Section 951.05 allows county boards to require "all county prisoners under sentence" to labor upon the public roads. § 951.05, Fla. Stat. (1995). See also §§ 951.01, .12, (Fla.Stat.). By comparison, section 951.06, Florida Statutes (1995), simply empowers chief correctional officers to enforce discipline among "prisoners," which could hardly be said to refer only to prisoners serving sentences....

correctional officers as they deem necessary.” Fla. Stat. § 951.06(1). The Florida constitution does not define “chief

...ounty? 5) May a county jail or county detention facility refuse prisoners delivered to it by municipalities or special districts in that county? 6) If the county sheriff has not been designated as chief correctional officer of the county pursuant to section 951.061 , Florida Statutes, may the county commission designate another chief correctional officer without consultation with the sheriff? In sum: 1) The statutes contemplate that a county will provide jail or detention facilities within the c...

...14 I am not aware of any provision which mandates that the sheriff operate the county jail. In fact, recently the court in Feldman v. Brescher 15 held that a sheriff has no inherent or constitutional duty to maintain the county jail, and stated that until the enactment of section 951.061 , Florida Statutes, no Florida statute authorized the sheriff to maintain the county jail. Section 951.06 , Florida Statutes, provides that the county commission shall designate a chief correctional officer. Pursuant to section 951.061 , Florida Statutes, the county commission may designate the sheriff as the chief correctional officer. An examination of the legislative history surrounding the enactment of section 951.061 , Florida Statutes, does not indicate an intent to limit the designation of the chief correctional officer to that of the sheriff. 16 With the exception of section 951.062 , Florida Statutes, relating to contractual arrangements for the operation and maintenance of county detention facilities by a private entity, 17 I am not aware of any statutory provision which requires the county commission to consult with sheriffs before designating a chief correctional officer....

...14 Attorney General Opinion 47-293, p. 151. 15 561 So.2d 1271 (Fla. 4th DCA 1990). 16 See , Tape 1 of 2, Committee on Corrections, Probation and Parole, Florida House of Representatives, dated May 1, 1986, relating to enactment of Ch. 86-183, Laws of Florida. 17 Section 951.062 (1), Fla....