STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ORLANDO HERNANDEZ, )
)
Petitioner, )
)
vs. ) CASE NO. 92-2858RXP
)
DEPARTMENT OF CORRECTIONS, )
)
Respondent. )
)
FINAL ORDER
The Respondent has filed a Motion to Dismiss for Lack of Jurisdiction in this case. No response to the motion has been filed by the Petitioner.
The Florida Legislature enacted Chapter 92-166, Laws of Florida, amending Section 120.52(12), Florida Statutes, to exclude inmates from the definition of a "party" for purposes of rule challenge proceedings pursuant to Sections 120.54 and 120.56, Florida Statutes. As pointed out by the Respondent, Chapter 92-166 eliminates the jurisdiction of the Division of Administrative Hearings over inmate rule challenges. The effective date of Chapter 92-166 was July 1, 1992. Consequently, as of July 1, 1992, the Division of Administrative Hearings lacks jurisdiction over inmate rule challenges. At issue is whether the loss of jurisdiction applies to inmate rule challenges filed prior to the effective date of Chapter 92-166.
Based upon the decision of the Supreme Court of Florida in Griffith v.
Florida Parole and Probation Commission, 485 So.2d 818 (Fla. 1986), if jurisdiction is removed from a tribunal, jurisdiction is lost over all cases regardless of when they may have been filed unless the legislature expressly provides otherwise. As stated by the Court:
When the very purpose of Congress is to take away jurisdiction, of course it does not survive, even as to pending suits, unless expressly reserved. . . . If the aim is to destroy a tribunal or take away cases from it, there is no basis for finding saving exceptions unless they are made explicit.
485 So.2d at 820. In light of the Griffith decision, the failure of the Legislature to provide that the Division of Administrative Hearings continues to have jurisdiction over inmate rule challenges pending before the Division of Administrative Hearings prior to July 1, 1992, means that jurisdiction over all pending inmate rule challenges has been lost by the Division of Administrative Hearings. This case must, therefore, be dismissed.
ORDER
Based upon the foregoing, it is
ORDERED that the Petition for an Administrative Hearing in this case is DISMISSED.
DONE and ENTERED this 21st day of July, 1992, in Tallahassee, Florida.
LARRY J. SARTIN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1992.
COPIES FURNISHED:
Orlando Hernandez #046388
Hendry Correctional Institution Route 2, Box 13A - MB# 144 Immokalee, Florida 33934
Claire Dryfuss
Assistant Attorney General Department of Legal Affairs The Capitol, Suite 1603
Tallahassee, Florida 32399-1050
8-1891
Donna Malphurs Suite 439
Department of Corrections 2601 Blairstone Road
Tallahassee, Florida 32399-2500
Carroll Webb, Executive Director Administrative Procedures Committee Holland Building, Room 120 Tallahassee, Florida 32399-1300
Harry K. Singletary, Jr., Sec. Department of Corrections
2601 Blairstone Road
Tallahassee, Florida 32399-2500
Louis Vargas General Counsel
Department of Corrections 2601 Blairstone Road
Tallahassee, Florida 32399-2500
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
| Issue Date | Proceedings |
|---|---|
| Jul. 21, 1992 | CASE CLOSED. Final Order sent out. (Motion to dismiss for lack of jurisdiction filed) |
| Jun. 30, 1992 | (Respondent) Motion to Dismiss for Lack of Jurisdiction filed. |
| Jun. 19, 1992 | Order Concerning Proposed Final Orders and Final Order sent out. (parties shall file their proposed final orders before 7-6-92; a final order dismissing this case will be issued on or before July, 1992) |
| May 13, 1992 | Order Certifying Indigency sent out. (petitioner appears to be indigent, he is certified as being entitled to received the services of thecourts, sheriffs and clerks of this state with respect to these proceedings without charge, pursuant to section 57. |
| May 13, 1992 | Prehearing Order sent out. |
| May 13, 1992 | Order Dismissing Petition With Leave To Amend sent out. (Petitioner may file an amended petition on or before 6-15-92) |
| May 13, 1992 | (Respondent) Motion to Dismiss filed. |
| May 12, 1992 | Order of Assignment sent out. |
| May 11, 1992 | Letter to Liz Cloud & Carroll Webb from Marguerite Lockard |
| May 08, 1992 | Petition for An Administrative Hearing; Motion to Proceed in Forma Pauperis and Affidavit of Insolvency filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jul. 21, 1992 | DOAH Final Order | Dismissed when legislature removed jurisdiction of DOAH over inmate rule challenges. |
